--H.R.2506--
H.R.2506
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2002, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise appropriated, for
the fiscal year ending September 30, 2002, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized to make such
expenditures within the limits of funds and borrowing authority available to
such corporation, and in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as provided by section
104 of the Government Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the current fiscal
year may be used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any country, other than a
nuclear-weapon state as defined in Article IX of the Treaty on the
Non-Proliferation of Nuclear Weapons eligible to receive economic or military
assistance under this Act, that has detonated a nuclear explosive after the
date of the enactment of this Act.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance, and tied-aid
grants as authorized by section 10 of the Export-Import Bank Act of 1945, as
amended, $727,323,000 to remain available until September 30, 2005:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall remain available until
September 30, 2020 for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 2002, 2003, 2004, and
2005: Provided further, That none of the funds appropriated by this
Act or any prior Act appropriating funds for foreign operations, export
financing, or related programs for tied-aid credits or grants may be used for
any other purpose except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds
appropriated by this paragraph are made available notwithstanding section
2(b)(2) of the Export Import Bank Act of 1945, in connection with the purchase
or lease of any product by any East European country, any Baltic State or any
agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaranteed loan
and insurance programs, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 for
official reception and representation expenses for members of the Board of
Directors, $63,000,000: Provided, That necessary expenses (including
special services performed on a contract or fee basis, but not including other
personal services) in connection with the collection of moneys owed the
Export-Import Bank, repossession or sale of pledged collateral or other assets
acquired by the Export-Import Bank in satisfaction of moneys owed the
Export-Import Bank, or the investigation or appraisal of any property, or the
evaluation of the legal or technical aspects of any transaction for which an
application for a loan, guarantee or insurance commitment has been made, shall
be considered nonadministrative expenses for the purposes of this heading:
Provided further, That, notwithstanding subsection (b) of section 117
of the Export Enhancement Act of 1992, subsection (a) thereof shall remain in
effect until October 1, 2002.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized to make, without
regard to fiscal year limitations, as provided by 31 U.S.C. 9104, such
expenditures and commitments within the limits of funds available to it and in
accordance with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and representation
expenses which shall not exceed $35,000) shall not exceed $38,608,000:
Provided further, That project-specific transaction costs, including
direct and indirect costs incurred in claims settlements, and other direct
costs associated with services provided to specific investors or potential
investors pursuant to section 234 of the Foreign Assistance Act of 1961, shall
not be considered administrative expenses for the purposes of this heading.
PROGRAM ACCOUNT
Such sums as may be necessary for administrative expenses to carry out the
credit program may be derived from amounts available for administrative
expenses to carry out the credit and insurance programs in the Overseas
Private Investment Corporation Noncredit Account and merged with said
account.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section 661 of the
Foreign Assistance Act of 1961, $50,024,000, to remain available until
September 30, 2003.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the provisions
of the Foreign Assistance Act of 1961, and for other purposes, to remain
available until September 30, 2002, unless otherwise specified herein, as
follows:
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
For necessary expenses to carry out the provisions of chapters 1 and 10 of
part I of the Foreign Assistance Act of 1961, and title I of Public Law
106-570, for child survival, reproductive health/family planning, assistance
to combat tropical and other infectious diseases, and related activities, in
addition to funds otherwise available for such purposes, $1,433,500,000, to
remain available until expended: Provided, That this amount shall be
made available for such activities as: (1) immunization programs; (2) oral
rehydration programs; (3) health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for displaced and orphaned children; (5)
programs for the prevention, treatment, and control of, and research on,
HIV/AIDS, tuberculosis, malaria, polio and other infectious diseases; and (6)
family planning/reproductive health: Provided further, That none of
the funds appropriated under this heading may be made available for nonproject
assistance, except that funds may be made available for such assistance for
ongoing health programs: Provided further, That of the funds
appropriated under this heading, not to exceed $125,000, in addition to funds
otherwise available for such purposes, may be used to monitor and provide
oversight of child survival, maternal and family planning/reproductive health,
and infectious disease programs: Provided further, That the following
amounts should be allocated as follows: $315,000,000 for child survival and
maternal health; $25,000,000 for vulnerable children; $435,000,000 for
HIV/AIDS including not less than $15,000,000 which should be made available to
support the development of microbicides as a means for combating HIV/AIDS;
$165,000,000 for other infectious diseases, of which $65,000,000 should be
made available for the prevention, treatment, and control of, and research on,
tuberculosis, and of which $65,000,000 should be made available to combat
malaria; $368,500,000 for family planning/reproductive health, including in
areas where population growth threatens biodiversity or endangered species;
and $120,000,000 for UNICEF: Provided further, That of the funds
appropriated under this heading, up to $50,000,000 may be made available,
notwithstanding any other provision of law for a United States contribution to
a global fund to combat AIDS, tuberculosis, and malaria: Provided
further, That in addition to the funds made available elsewhere under
this heading and subject to the regular notification procedures of the
Committees on Appropriations, the President may make available up to an
additional $50,000,000, notwithstanding any other provision of law, for a
United States contribution to a global fund to combat AIDS, tuberculosis, and
malaria, which may be derived from funds appropriated in title II of this Act
and in title II of prior Acts making appropriations for foreign operations,
export financing, and related programs: Provided further, That of the
funds appropriated under this heading, up to $53,000,000 may be made available
for a United States contribution to The Vaccine Fund, and up to $10,000,000
may be made available for the International AIDS Vaccine Initiative:
Provided further, That none of the funds made available in this Act
nor any unobligated balances from prior appropriations may be made available
to any organization or program which, as determined by the President of the
United States, supports or participates in the management of a program of
coercive abortion or involuntary sterilization: Provided further,
That none of the funds made available under this Act may be used to pay for
the performance of abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further, That none
of the funds made available under this Act may be used to lobby for or against
abortion: Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only to voluntary
family planning projects which offer, either directly or through referral to,
or information about access to, a broad range of family planning methods and
services, and that any such voluntary family planning project shall meet the
following requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning acceptors, or
acceptors of a particular method of family planning (this provision shall not
be construed to include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not include payment of
incentives, bribes, gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B) program personnel for
achieving a numerical target or quota of total number of births, number of
family planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit, including the
right of access to participate in any program of general welfare or the right
of access to health care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide family planning
acceptors comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are provided only in
the context of a scientific study in which participants are advised of
potential risks and benefits; and, not less than 60 days after the date on
which the Administrator of the United States Agency for International
Development determines that there has been a violation of the requirements
contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4) of this
proviso, the Administrator shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, a report containing a description
of such violation and the corrective action taken by the Agency: Provided
further, That in awarding grants for natural family planning under
section 104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally, all such
applicants shall comply with the requirements of the previous proviso:
Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations, export financing,
and related programs, the term `motivate', as it relates to family planning
assistance, shall not be construed to prohibit the provision, consistent with
local law, of information or counseling about all pregnancy options:
Provided further, That nothing in this paragraph shall be construed
to alter any existing statutory prohibitions against abortion under section
104 of the Foreign Assistance Act of 1961.
DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of sections 103, 105,
106, and 131, and chapter 10 of part I of the Foreign Assistance Act of 1961,
$1,178,000,000, to remain available until September 30, 2003:
Provided, That $150,000,000 should be allocated for children's basic
education: Provided further, That none of the funds appropriated
under this heading may be made available for any activity which is in
contravention to the Convention on International Trade in Endangered Species
of Flora and Fauna: Provided further, That of the funds appropriated
under this heading and the heading `Child Survival and Health Programs Fund',
$2,000,000 should be made available for Laos: Provided further, That
funds made available under the previous proviso should be made available only
through nongovernmental organizations: Provided further, That of the
funds appropriated under this heading that are made available for assistance
programs for displaced and orphaned children and victims of war, not to exceed
$32,500, in addition to funds otherwise available for such purposes, may be
used to monitor and provide oversight of such programs: Provided
further, That of the aggregate amount of the funds appropriated by this
Act that are made available for agriculture and rural development programs,
$25,000,000 should be made available for plant biotechnology research and
development: Provided further, That not less than $2,300,000 should
be made available for core support for the International Fertilizer
Development Center: Provided further, That of the funds appropriated
under this heading, not less than $18,000,000 should be made available for the
American Schools and Hospitals Abroad program: Provided further, That
of the funds appropriated under this heading, not less than $275,000,000
should be made available for programs and activities which directly protect
tropical forests, biodiversity and endangered species, promote the sustainable
use of natural resources, and promote a wide range of clean energy and energy
conservation activities, including the transfer of cleaner and environmentally
sustainable energy technologies, and related activities.
BURMA
Of the funds appropriated under the heading `Economic Support Fund', not
less than $6,500,000 shall be made available to support democracy activities
in Burma, democracy and humanitarian activities along the Burma-Thailand
border, and for Burmese student groups and other organizations located outside
Burma: Provided, That funds made available for Burma-related
activities under this heading may be made available notwithstanding any other
provision of law: Provided further, That the provision of such funds
shall be made available subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That title II of the
Foreign Operations, Export Financing, and Related Programs Appropriations Act,
2001, as enacted by section 101(a) of Public Law 106-429, is amended, under
the heading `Burma', by inserting `, `Child Survival and Disease Programs
Fund',' after `Fund'.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster relief, rehabilitation,
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, as amended, $235,500,000, to remain available until
expended.
TRANSITION INITIATIVES
For necessary expenses for international disaster rehabilitation and
reconstruction assistance pursuant to section 491 of the Foreign Assistance
Act of 1961, $50,000,000, to remain available until expended, to support
transition to democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes, revitalize
basic infrastructure, and foster the peaceful resolution of conflict:
Provided further, That the United States Agency for International
Development shall submit a report to the Committees on Appropriations at least
5 days prior to beginning a new program of assistance.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees, up to $18,500,000, 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, urban 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 $267,500,000: 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 direct loans and loan guarantees provided under this
heading. In addition, for administrative expenses to carry out credit programs
administered by the United States Agency for International Development,
$7,500,000, all of which may be transferred to and merged with the
appropriation for Operating Expenses of the United States Agency for
International Development: Provided further, That funds appropriated
under this heading shall remain available until September 30, 2007.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the `Foreign Service Retirement and Disability Fund', as
authorized by the Foreign Service Act of 1980, $44,880,000.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For necessary expenses to carry out the provisions of section 667,
$549,000,000: Provided, That none of the funds appropriated under
this heading may be made available to finance the construction (including
architect and engineering services), purchase, or long term lease of offices
for use by the United States Agency for International Development, unless the
Administrator has identified such proposed construction (including architect
and engineering services), purchase, or long term lease of offices in a report
submitted to the Committees on Appropriations at least 15 days prior to the
obligation of these funds for such purposes: Provided further, That
the previous proviso shall not apply where the total cost of construction
(including architect and engineering services), purchase, or long term lease
of offices does not exceed $1,000,000: Provided further, That of the
funds appropriated under this heading, up to $10,000,000 may remain available
until expended for security-related costs.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section 667,
$31,500,000, to remain available until September 30, 2003, which sum shall be
available for the Office of the Inspector General of the United States Agency
for International Development.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of chapter 4 of part
II, $2,199,000,000, 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, and of which not less than
$200,000,000 shall be provided as Commodity Import Program assistance:
Provided further, That in exercising the authority to provide cash
transfer assistance for Israel, the President shall ensure that the level of
such assistance does not cause an adverse impact on the total level of
nonmilitary exports from the United States to such country and that Israel
enters into a side letter agreement in an amount proportional to the fiscal
year 1999 agreement: Provided further, That of the funds appropriated
under this heading, $150,000,000 should be made available for assistance for
Jordan: Provided further, That of the funds appropriated under this
heading, $50,000,000 should be made available for assistance for Indonesia:
Provided further, That not less than $15,000,000 of the funds
appropriated under this heading shall be made available for Cyprus to be used
only for scholarships, administrative support of the scholarship program,
bicommunal projects, and measures aimed at reunification of the island and
designed to reduce tensions and promote peace and cooperation between the two
communities on Cyprus: Provided further, That not less than
$35,000,000 of the funds appropriated under this heading shall be made
available for assistance for Lebanon to be used, among other programs, for
scholarships and direct support of the American educational institutions in
Lebanon: Provided further, That notwithstanding section 534(a) of
this Act, funds appropriated under this heading that are made available for
assistance for the Central Government of Lebanon shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the Government of Lebanon should enforce the
custody and international pickup orders, issued during calendar year 2001, of
Lebanon's civil courts regarding abducted American children in Lebanon:
Provided further, That of the funds appropriated under this heading,
not less than $25,000,000 shall be made available for assistance for East
Timor of which up to $1,000,000 may be transferred to and merged with the
appropriation for Operating Expenses of the United States Agency for
International Development: Provided further, That funds appropriated
under this heading may be used, notwithstanding any other provision of law, to
provide assistance to the National Democratic Alliance of Sudan to strengthen
its ability to protect civilians from attacks, slave raids, and aerial
bombardment by the Sudanese Government forces and its militia allies, and the
provision of such funds shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further,
That in the previous proviso, the term `assistance' includes non-lethal,
non-food aid such as blankets, medicine, fuel, mobile clinics, water drilling
equipment, communications equipment to notify civilians of aerial bombardment,
non-military vehicles, tents, and shoes: Provided further, That with
respect to funds appropriated under this heading in this Act or prior Acts
making appropriations for foreign operations, export financing, and related
programs, the responsibility for policy decisions and justifications for the
use of such funds, including whether there will be a program for a country
that uses those funds and the amount of each such program, shall be the
responsibility of the Secretary of State and the Deputy Secretary of State and
this responsibility shall not be delegated.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions of chapter 4 of part II
of the Foreign Assistance Act of 1961, $25,000,000, which shall be available
for the United States contribution to the International Fund for Ireland and
shall be made available in accordance with the provisions of the Anglo-Irish
Agreement Support Act of 1986 (Public Law 99-415): Provided, That
such amount shall be expended at the minimum rate necessary to make timely
payment for projects and activities: Provided further, That funds
made available under this heading shall remain available until September 30,
2003.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 and the Support for East European Democracy (SEED) Act
of 1989, $621,000,000, 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 not to exceed $21,500,000 of the funds appropriated
under this heading in this Act and in prior Acts making appropriations for
foreign operations, export financing, and related programs, together with not
to exceed $21,500,000 of the funds appropriated under the heading `Economic
Support Fund' in this Act and such prior Acts, may be made available for the
cost, as defined in section 502 of the Congressional Budget Act of 1974, of
modifying direct loans and guarantees for the Federal Republic of Yugoslavia:
Provided further, That funds made available for assistance for Kosovo
from funds appropriated under this heading and under the headings `Economic
Support Fund' and `International Narcotics Control and Law Enforcement' should
not exceed 15 percent of the total resources pledged by all donors for
calendar year 2002 for assistance for Kosovo as of March 31, 2002:
Provided further, That none of the funds made available under this
Act for assistance for Kosovo shall be made available for large scale physical
infrastructure reconstruction.
(b) Funds appropriated under this heading or in prior appropriations Acts
that are or have been made available for an Enterprise Fund may be deposited
by such Fund in interest-bearing accounts prior to the Fund's disbursement of
such funds for program purposes. The Fund may retain for such program purposes
any interest earned on such deposits without returning such interest to the
Treasury of the United States and without further appropriation by the
Congress. Funds made available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects and activities.
(c) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in that Act for the
use of economic assistance.
(d) With regard to funds appropriated under this heading for the economic
revitalization program in Bosnia and Herzegovina, and local currencies
generated by such funds (including the conversion of funds appropriated under
this heading into currency used by Bosnia and Herzegovina as local currency
and local currency returned or repaid under such program) the Administrator of
the United States Agency for International Development shall provide written
approval for grants and loans prior to the obligation and expenditure of funds
for such purposes, and prior to the use of funds that have been returned or
repaid to any lending facility or grantee.
(e) The provisions of section 529 of this Act shall apply to funds made
available under subsection (d) and to funds appropriated under this heading:
Provided, That notwithstanding any provision of this or any other
Act, including provisions in this subsection regarding the application of
section 529 of this Act, local currencies generated by, or converted from,
funds appropriated by this Act and by previous appropriations Acts and made
available for the economic revitalization program in Bosnia may be used in
Eastern Europe and the Baltic States to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European Democracy
(SEED) Act of 1989.
(f) The President is authorized to withhold funds appropriated under this
heading made available for economic revitalization programs in Bosnia and
Herzegovina, if he determines and certifies to the Committees on
Appropriations that the Federation of Bosnia and Herzegovina has not complied
with article III of annex 1-A of the General Framework Agreement for Peace in
Bosnia and Herzegovina concerning the withdrawal of foreign forces, and that
intelligence cooperation on training, investigations, and related activities
between Iranian officials and Bosnian officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions of chapters 11 and
12 of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support
Act, for assistance for the Independent States of the former Soviet Union and
for related programs, $784,000,000, 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, funds may be used for confidence-building measures and
other activities in furtherance of the peaceful resolution of the regional
conflicts, especially those in the vicinity of Abkhazia and Nagorno-Karabagh:
Provided further, That of the funds appropriated under this heading,
not less than $1,500,000 should be available only to meet the health and other
assistance needs of victims of trafficking in persons: Provided
further, That of the funds appropriated under this heading not less than
$17,500,000 shall be made available solely for the Russian Far East:
Provided further, That, notwithstanding any other provision of law,
funds appropriated under this heading in this Act or prior Acts making
appropriations for foreign operations, export financing, or related programs,
that are made available pursuant to the provisions of section 807 of the
FREEDOM Support Act (Public Law 102-511) shall be subject to the ceiling on
administrative expenses contained in section 807(a)(5) of the FREEDOM Support
Act.
(b) Of the funds appropriated under this heading, not less than
$154,000,000 should be made available for assistance for Ukraine:
Provided, That of this amount, not less than $30,000,000 should be
made available for nuclear reactor safety initiatives: Provided
further, That not later than 60 days after the date of enactment of this
Act, and 120 days thereafter, the Department of State shall submit to the
Committees on Appropriations a report on progress by the Government of Ukraine
in investigating and bringing to justice individuals responsible for the
murders of Ukrainian journalists.
(c) Of the funds appropriated under this heading, not less than
$90,000,000 shall be made available for assistance for Armenia.
(d) Of the funds appropriated under this heading, $90,000,000 should be
made available for assistance for Georgia.
(e)(1) Of the funds appropriated under this heading that are allocated for
assistance for the Government of the Russian Federation, 60 percent shall be
withheld from obligation until the President determines and certifies in
writing to the Committees on Appropriations that the Government of the Russian
Federation:
(A) has terminated implementation of arrangements to provide Iran with
technical expertise, training, technology, or equipment necessary to develop
a nuclear reactor, related nuclear research facilities or programs, or
ballistic missile capability; and
(B) is providing full access to international non-government
organizations providing humanitarian relief to refugees and internally
displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child survival activities,
or assistance for victims of trafficking in persons; and
(B) activities authorized under title V (Nonproliferation and
Disarmament Programs and Activities) of the FREEDOM Support Act.
(f) Of the funds appropriated under this heading, not less than
$49,000,000 should be made available, in addition to funds otherwise available
for such purposes, for assistance for child survival, environmental and
reproductive health/family planning, and to combat HIV/AIDS, tuberculosis, and
other infectious diseases, and for related activities.
(g)(1) Section 907 of the FREEDOM Support Act shall not apply to--
(A) activities to support democracy or assistance under title V of the
FREEDOM Support Act and section 1424 of Public Law 104-201 or
non-proliferation assistance;
(B) any assistance provided by the Trade and Development Agency under
section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421);
(C) any activity carried out by a member of the United States and
Foreign Commercial Service while acting within his or her official
capacity;
(D) 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.);
(E) any financing provided under the Export-Import Bank Act of 1945;
or
(F) humanitarian assistance.
(2) The President may waive section 907 of the FREEDOM Support Act if he
determines and certifies to the Committees on Appropriations that to do
so--
(A) is necessary to support United States efforts to counter
international terrorism; or
(B) is necessary to support the operational readiness of United States
Armed Forces or coalition partners to counter international terrorism;
or
(C) is important to Azerbaijan's border security; and
(D) will not undermine or hamper ongoing efforts to negotiate a peaceful
settlement between Armenia and Azerbaijan or be used for offensive purposes
against Armenia.
(3) The authority of paragraph (2) may only be exercised through December
31, 2002.
(4) The President may extend the waiver authority provided in paragraph
(2) on an annual basis on or after December 31, 2002 if he determines and
certifies to the Committees on Appropriations in accordance with the
provisions of paragraph (2).
(5) The Committees on Appropriations shall be consulted prior to the
provision of any assistance made available pursuant to paragraph (2).
(6) Within 60 days of any exercise of the authority under paragraph (2)
the President shall send a report to the appropriate congressional committees
specifying in detail the following--
(A) the nature and quantity of all training and assistance provided to
the Government of Azerbaijan pursuant to paragraph (2);
(B) the status of the military balance between Azerbaijan and Armenia
and the impact of United States assistance on that balance; and
(C) the status of negotiations for a peaceful settlement between Armenia
and Azerbaijan and the impact of United States assistance on those
negotiations.
Independent Agencies
INTER-AMERICAN FOUNDATION
For expenses necessary to carry out the functions of the Inter-American
Foundation in accordance with the provisions of section 401 of the Foreign
Assistance Act of 1969, and to make commitments without regard to fiscal year
limitations, as provided by 31 U.S.C. 9104(b)(3), $13,106,950.
AFRICAN DEVELOPMENT FOUNDATION
For expenses necessary to carry out title V of the International Security
and Development Cooperation Act of 1980, Public Law 96-533, and to make
commitments without regard to fiscal year limitations, as provided by 31
U.S.C. 9104(b)(3), $16,542,000: Provided, That funds made available
to grantees may be invested pending expenditure for project purposes when
authorized by the President of the Foundation: Provided further, That
interest earned shall be used only for the purposes for which the grant was
made: Provided further, That this authority applies to interest
earned both prior to and following enactment of this provision: Provided
further, That notwithstanding section 505(a)(2) of the African
Development Foundation Act, in exceptional circumstances the board of
directors of the Foundation may waive the $250,000 limitation contained in
that section with respect to a project: Provided further, That the
Foundation shall provide a report to the Committees on Appropriations after
each time such waiver authority is exercised.
PEACE CORPS
For necessary expenses to carry out the provisions of the Peace Corps Act
(75 Stat. 612), $275,000,000, including the purchase of not to exceed five
passenger motor vehicles for administrative purposes for use outside of the
United States: Provided, That none of the funds appropriated under
this heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain available until
September 30, 2003.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign Assistance
Act of 1961, $217,000,000, to remain available until expended:
Provided, That any funds made available under this heading for
anti-crime programs and activities shall be made available subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That during fiscal year 2002, the Department of
State may also use the authority of section 608 of the Foreign Assistance Act
of 1961, without regard to its restrictions, to receive excess property from
an agency of the United States Government for the purpose of providing it to a
foreign country under chapter 8 of part I of that Act subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this heading, $10,000,000
should be made available for anti-trafficking in persons programs, including
trafficking prevention, protection and assistance for victims, and prosecution
of traffickers: Provided further, That of the funds appropriated
under this heading, not more than $21,738,000 may be available for
administrative expenses.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of the Foreign Assistance
Act of 1961 solely to support counterdrug activities in the Andean region of
South America, $625,000,000, to remain available until expended:
Provided, That in addition to the funds appropriated under this
heading and subject to the regular notification procedures of the Committees
on Appropriations, the President may make available up to an additional
$35,000,000 for the Andean Counterdrug Initiative, which may be derived from
funds appropriated under the heading `International Narcotics Control and Law
Enforcement' in this Act and in prior Acts making appropriations for foreign
operations, export financing, and related programs: Provided further,
That of the amount appropriated under this heading, not less than $215,000,000
shall be apportioned directly to the United States Agency for International
Development, to be used for economic and social programs: Provided
further, That funds appropriated by this Act that are used for the
procurement of chemicals for aerial coca fumigation programs may be made
available for such programs only if the Secretary of State, after consultation
with the Administrator of the Environmental Protection Agency, the Secretary
of the Department of Agriculture, and, if appropriate, the Director of the
Centers for Disease Control and Prevention, determines and reports to the
Committees on Appropriations that: (1) aerial coca fumigation is being carried
out in accordance with regulatory controls required by the Environmental
Protection Agency as labeled for use in the United States, and after
consultation with the Colombian Government to ensure that the fumigation is in
accordance with Colombian laws; (2) the chemicals used in the aerial
fumigation of coca, in the manner in which they are being applied, do not pose
unreasonable risks or adverse effects to humans or the environment; and (3)
procedures are available to evaluate claims of local citizens that their
health was harmed or their licit agricultural crops were damaged by such
aerial coca fumigation, and to provide fair compensation for meritorious
claims; and such funds may not be made available for such purposes after six
months from the date of enactment of this Act unless alternative development
programs have been developed, in consultation with communities and local
authorities in the departments in which such aerial coca fumigation is
planned, and in the departments in which such aerial coca fumigation has been
conducted such programs are being implemented: Provided further, That
none of the funds appropriated by this Act may be made available to support a
Peruvian air interdiction program until the Secretary of State and Director of
Central Intelligence certify to the Congress, 30 days before any resumption of
United States involvement in a Peruvian air interdiction program, that an air
interdiction program that permits the ability of the Peruvian Air Force to
shoot down aircraft will include enhanced safeguards and procedures to prevent
the occurrence of any incident similar to the April 20, 2001 incident:
Provided further, That section 482(b) of the Foreign Assistance Act
of 1961 shall not apply to funds appropriated under this heading: Provided
further, That assistance provided with funds appropriated under this
heading that is made available notwithstanding section 482(b) of the Foreign
Assistance Act of 1961, as amended, shall be made available subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That section 3204(b)(1)(A) of Public Law 106-246 is
amended by striking `500' and inserting in lieu thereof `400', and section
3204(b)(1)(B) of Public Law 106-246 is amended by striking `300' and inserting
in lieu thereof `400': Provided further, That the President shall
ensure that if any helicopter procured with funds under this heading is used
to aid or abet the operations of any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately returned to the
United States: Provided further, That funds made available under this
heading shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
appropriated under this heading, not more than $14,240,000 may be available
for administrative expenses of the Department of State, and not more than
$4,500,000 may be available for administrative expenses of the United States
Agency for International Development.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to the
International Committee of the Red Cross, assistance to refugees, including
contributions to the International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities to meet refugee
and migration needs; salaries and expenses of personnel and dependents as
authorized by the Foreign Service Act of 1980; allowances as authorized by
sections 5921 through 5925 of title 5, United States Code; purchase and hire
of passenger motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $705,000,000, which shall remain available until
expended: Provided, That not more than $16,000,000 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: Provided further, That not less than $60,000,000
of the funds made available under this heading shall be made available for
refugees from the former Soviet Union and Eastern Europe and other refugees
resettling in Israel.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of section 2(c) of the
Migration and Refugee Assistance Act of 1962, as amended (22 U.S.C. 260(c)),
$15,000,000, to remain available until expended: Provided, That the
funds made available under this heading are appropriated notwithstanding the
provisions contained in section 2(c)(2) of the Act which would limit the
amount of funds which could be appropriated for this purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism and related
programs and activities, $313,500,000, to carry out the provisions of chapter
8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, chapter 9 of part II of the Foreign Assistance Act of 1961,
section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control
Act or the Foreign Assistance Act of 1961 for demining activities, the
clearance of unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including activities
implemented through nongovernmental and international organizations, section
301 of the Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA) and a voluntary contribution to the
Korean Peninsula Energy Development Organization (KEDO), and for a United
States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That the Secretary of State shall inform the
Committees on Appropriations at least 15 days prior to the obligation of funds
for the Comprehensive Nuclear Test Ban Treaty Preparatory Commission:
Provided further, That of this amount not to exceed $14,000,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other provision of
law, to promote bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such funds
may also be used for such countries other than the Independent States of the
former Soviet Union and international organizations when it is in the national
security interest of the United States to do so following consultation with
the appropriate committees of Congress: Provided further, That funds
appropriated under this heading may be made available for the International
Atomic Energy Agency only if the Secretary of State determines (and so reports
to the Congress) that Israel is not being denied its right to participate in
the activities of that Agency: Provided further, That of the funds
made available for demining and related activities, not to exceed $500,000, in
addition to funds otherwise available for such purposes, may be used for
administrative expenses related to the operation and management of the
demining program.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section 129 of the
Foreign Assistance Act of 1961 (relating to international affairs technical
assistance activities), $6,500,000, to remain available until expended, which
shall be available notwithstanding any other provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congressional Budget Act of
1974, of modifying loans and loan guarantees, 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, $229,000,000, to remain available until
expended: Provided, That not less than $5,000,000 of the funds
appropriated under this heading shall be made available to carry out the
provisions of part V of the Foreign Assistance Act of 1961, and up to
$20,000,000 of unobligated balances of funds available under this heading from
prior year appropriations acts should be made available to carry out such
provisions: Provided further, That funds appropriated or otherwise
made available under this heading in this Act may be used by the Secretary of
the Treasury to pay to the Heavily Indebted Poor Countries (HIPC) Trust Fund
administered by the International Bank for Reconstruction and Development
amounts for the benefit of countries that are eligible for debt reduction
pursuant to title V of H.R. 3425 as enacted into law by section 1000(a)(5) of
Public Law 106-113: Provided further, That amounts paid to the HIPC
Trust Fund may be used only to fund debt reduction under the enhanced HIPC
initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State has credible
evidence that the government of such country is engaged in a consistent
pattern of gross violations of internationally recognized human rights or in
military or civil conflict that undermines its ability to develop and
implement measures to alleviate poverty and to devote adequate human and
financial resources to that end: Provided further, That on the basis
of final appropriations, the Secretary of the Treasury shall consult with the
Committees on Appropriations concerning which countries and international
financial institutions are expected to benefit from a United States
contribution to the HIPC Trust Fund during the fiscal year: Provided
further, That the Secretary of the Treasury shall inform the Committees
on Appropriations not less than 15 days in advance of the signature of an
agreement by the United States to make payments to the HIPC Trust Fund of
amounts for such countries and institutions: Provided further, That
the Secretary of the Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries that--
(a) have committed, for a period of 24 months, not to accept new
market-rate loans from the international financial institution receiving
debt repayment as a result of such disbursement, other than loans made by
such institution to export-oriented commercial projects that generate
foreign exchange which are generally referred to as `enclave' loans;
and
(b) have documented and demonstrated their commitment to redirect their
budgetary resources from international debt repayments to programs to
alleviate poverty and promote economic growth that are additional to or
expand upon those previously available for such purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and Assistance Act of 1954
shall not apply to funds appropriated under this heading: Provided
further, That none of the funds made available under this heading in this
or any other appropriations Acts shall be made available for Sudan or Burma
unless the Secretary of Treasury determines and notifies the Committees on
Appropriations that a democratically elected government has taken office.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section 541 of the
Foreign Assistance Act of 1961, $70,000,000, of which up to $3,000,000 may
remain available until expended: Provided, That the civilian
personnel for whom military education and training may be provided under this
heading may include civilians who are not members of a government whose
participation would contribute to improved civil-military relations, civilian
control of the military, or respect for human rights: Provided
further, That funds appropriated under this heading for military
education and training for Indonesia and Guatemala may only be available for
expanded international military education and training and funds made
available for Algeria, Indonesia and Guatemala may only be provided through
the regular notification procedures of the Committees on Appropriations.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the President to carry out the
provisions of section 23 of the Arms Export Control Act, $3,650,000,000:
Provided, That of the funds appropriated under this heading, not less
than $2,040,000,000 shall be available for grants only for Israel, and not
less than $1,300,000,000 shall be made available for grants only for Egypt:
Provided further, That the funds appropriated by this paragraph for
Israel shall be disbursed within 30 days of the enactment of this Act or by
October 31, 2001, whichever is later: Provided further, That to the
extent that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph shall, as agreed
by Israel and the United States, be available for advanced weapons systems, of
which not less than $535,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That of the funds appropriated by this
paragraph, not less than $75,000,000 shall be made available for assistance
for Jordan: Provided further, That of the funds appropriated by this
paragraph, not less than $3,500,000 should be made available for assistance
for Tunisia: Provided further, That during fiscal year 2002, the
President is authorized to, and shall, direct the drawdowns of defense
articles from the stocks of the Department of Defense, defense services of the
Department of Defense, and military education and training of an aggregate
value of not less than $5,000,000 under the authority of this proviso for
Tunisia for the purposes of part II of the Foreign Assistance Act of 1961:
Provided further, That of the funds appropriated by this paragraph
and under the heading `International Narcotics Control and Law Enforcement',
not less than $2,300,000 shall be made available for assistance for Thailand,
of which not less than $1,000,000 shall be made available from funds
appropriated under the heading `International Narcotics Control and Law
Enforcement' and which shall be in addition to other funds available for such
purposes: Provided further, That of the funds appropriated by this
paragraph, not less than $4,000,000 shall be made available for assistance for
Armenia: Provided further, That funds appropriated by this paragraph
shall be nonrepayable notwithstanding any requirement in section 23 of the
Arms Export Control Act: Provided further, That funds made available
under this paragraph shall be obligated upon apportionment in accordance with
paragraph (5)(C) of title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall be available to
finance the procurement of defense articles, defense services, or design and
construction services that are not sold by the United States Government under
the Arms Export Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United States Government
specifying the conditions under which such procurements may be financed with
such funds: Provided, That all country and funding level increases in
allocations shall be submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the funds
appropriated under this heading shall be available for assistance for Sudan
and Liberia: Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of law, for demining,
the clearance of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That none of the funds appropriated
under this heading shall be available for assistance for Guatemala:
Provided further, That only those countries for which assistance was
justified for the `Foreign Military Sales Financing Program' in the fiscal
year 1989 congressional presentation for security assistance programs may
utilize funds made available under this heading for procurement of defense
articles, defense services or design and construction services that are not
sold by the United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$35,000,000 of the funds appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general costs
of administering military assistance and sales: Provided further,
That not more than $348,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses
incurred by the Department of Defense during fiscal year 2002 pursuant to
section 43(b) of the Arms Export Control Act, except that this limitation may
be exceeded only through the regular notification procedures of the Committees
on Appropriations: Provided further, That foreign military financing
program funds estimated to be outlayed for Egypt during fiscal year 2002 shall
be transferred to an interest bearing account for Egypt in the Federal Reserve
Bank of New York within 30 days of enactment of this Act or by October 31,
2001, whichever is later: Provided further, That the ninth proviso
under the heading `Foreign Military Financing Program' in title III of the
Foreign Operations, Export Financing, and Related Programs Appropriations Act,
2001, as enacted by Public Law 106-429, is amended by inserting `or 2002'
after `2001'.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section 551 of the
Foreign Assistance Act of 1961, $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.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global Environment Facility,
$100,500,000, 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.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by the Secretary
of the Treasury, $792,400,000, 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: Provided further, That the Secretary of the Treasury
should instruct the United States executive director to the International Bank
for Reconstruction and Development to vote against any water or sewage project
in India that does not prohibit the use of scavenger labor.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE AGENCY
For payment to the Multilateral Investment Guarantee Agency by the
Secretary of the Treasury, $5,000,000, for the United States paid-in share of
the increase in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Multilateral Investment Guarantee Agency
may subscribe without fiscal year limitation for the callable capital portion
of the United States share of such capital stock in an amount not to exceed
$25,000,000.
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION
For payment to the Inter-American Investment Corporation, by the Secretary
of the Treasury, $18,000,000, for the United States share of the increase in
subscriptions to capital stock, to remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the Treasury to the
increase in resources of the Asian Development Fund, as authorized by the
Asian Development Bank Act, as amended, $98,017,050, to remain available until
expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary of the
Treasury, $5,100,000, for the United States paid-in share of the increase in
capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank may subscribe
without fiscal year limitation for the callable capital portion of the United
States share of such capital stock in an amount not to exceed $79,991,500.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the Treasury to the
increase in resources of the African Development Fund, $100,000,000, to remain
available until expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction and Development by the
Secretary of the Treasury, $35,778,717, for the United States share of the
paid-in portion of the increase in capital stock, to remain available until
expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for Reconstruction and
Development may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital stock in an amount
not to exceed $123,237,803.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the Treasury to
increase the resources of the International Fund for Agricultural Development,
$20,000,000, to remain available until expended.
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of the
Foreign Assistance Act of 1961, and of section 2 of the United Nations
Environment Program Participation Act of 1973, $208,500,000:
Provided, That none of the funds appropriated under this heading may
be made available to the Korean Peninsula Energy Development Organization
(KEDO) or the International Atomic Energy Agency (IAEA): Provided
further, That not less than $6,000,000 should be made available to the
World Food Program.
TITLE V--GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
SEC. 501. Except for the appropriations entitled `International Disaster
Assistance', and `United States Emergency Refugee and Migration Assistance
Fund', not more than 15 percent of any appropriation item made available by
this Act shall be obligated during the last month of availability.
PRIVATE AND VOLUNTARY ORGANIZATIONS
SEC. 502. (a) None of the funds appropriated or otherwise made available
by this Act for development assistance may be made available to any United
States private and voluntary organization, except any cooperative development
organization, which obtains less than 20 percent of its total annual funding
for international activities from sources other than the United States
Government: Provided, That the Administrator of the United States
Agency for International Development, after informing the Committees on
Appropriations, may, on a case-by-case basis, waive the restriction contained
in this subsection, after taking into account the effectiveness of the
overseas development activities of the organization, its level of volunteer
support, its financial viability and stability, and the degree of its
dependence for its financial support on the agency.
(b) Funds appropriated or otherwise made available under title II of this
Act should be made available to private and voluntary organizations at a level
which is at least equivalent to the level provided in fiscal year 1995.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made available pursuant to this
Act, not to exceed $126,500 shall be for official residence expenses of the
United States Agency for International Development during the current fiscal
year: Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign currencies are
utilized in lieu of dollars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made available pursuant to this
Act, not to exceed $5,000 shall be for entertainment expenses of the United
States Agency for International Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made available pursuant to this
Act, not to exceed $95,000 shall be available for representation allowances
for the United States Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars: Provided further, That of
the funds made available by this Act for general costs of administering
military assistance and sales under the heading `Foreign Military Financing
Program', not to exceed $2,000 shall be available for entertainment expenses
and not to exceed $125,000 shall be available for representation allowances:
Provided further, That of the funds made available by this Act under
the heading `International Military Education and Training', not to exceed
$50,000 shall be available for entertainment allowances: Provided
further, That of the funds made available by this Act for the
Inter-American Foundation, not to exceed $2,000 shall be available for
entertainment and representation allowances: Provided further, That
of the funds made available by this Act for the Peace Corps, not to exceed a
total of $4,000 shall be available for entertainment expenses: Provided
further, That of the funds made available by this Act under the heading
`Trade and Development Agency', not to exceed $2,000 shall be available for
representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made available (other than
funds for `Nonproliferation, Anti-terrorism, Demining and Related Programs')
pursuant to this Act, for carrying out the Foreign Assistance Act of 1961, may
be used, except for purposes of nuclear safety, to finance the export of
nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 507. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly any
assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or
Syria: Provided, That for purposes of this section, the prohibition
on obligations or expenditures shall include direct loans, credits, insurance
and guarantees of the Export-Import Bank or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly any
assistance to the government of any country whose duly elected head of
government is deposed by decree or military coup: Provided, That
assistance may be resumed to such government if the President determines and
certifies to the Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government has taken
office: Provided further, That the provisions of this section shall
not apply to assistance to promote democratic elections or public
participation in democratic processes: Provided further, That funds
made available pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on Appropriations.
TRANSFERS BETWEEN ACCOUNTS
SEC. 509. None of the funds made available by this Act may be obligated
under an appropriation account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the President, prior
to the exercise of any authority contained in the Foreign Assistance Act of
1961 to transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations of the House of
Representatives and the Senate.
DEOBLIGATION/REOBLIGATION AUTHORITY
SEC. 510. Obligated balances of funds appropriated to carry out section 23
of the Arms Export Control Act as of the end of the fiscal year immediately
preceding the current fiscal year are, if deobligated, hereby continued
available during the current fiscal year for the same purpose under any
authority applicable to such appropriations under this Act: Provided,
That the authority of this subsection may not be used in fiscal year 2002.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in this Act shall remain
available for obligation after the expiration of the current fiscal year
unless expressly so provided in this Act: Provided, That funds
appropriated for the purposes of chapters 1, 8, 11, and 12 of part I, section
667, chapter 4 of part II of the Foreign Assistance Act of 1961, as amended,
section 23 of the Arms Export Control Act, and funds provided under the
heading `Assistance for Eastern Europe and the Baltic States', shall remain
available for an additional four years from the date on which the availability
of such funds would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods of availability
contained in this Act: Provided further, That, notwithstanding any
other provision of this Act, any funds made available for the purposes of
chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of
1961 which are allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform objectives, shall remain
available until expended.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in this Act shall be used
to furnish assistance to any country which is in default during a period in
excess of one calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated under this Act
unless the President determines, following consultations with the Committees
on Appropriations, that assistance to such country is in the national interest
of the United States.
COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or made available pursuant to
this Act for direct assistance and none of the funds otherwise made available
pursuant to this Act to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to finance any loan, any
assistance or any other financial commitments for establishing or expanding
production of any commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become operative and if
the assistance will cause substantial injury to United States producers of the
same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the judgment of
its Board of Directors the benefits to industry and employment in the United
States are likely to outweigh the injury to United States producers of the
same, similar, or competing commodity, and the Chairman of the Board so
notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available
for any testing or breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or training in connection
with the growth or production in a foreign country of an agricultural
commodity for export which would compete with a similar commodity grown or
produced in the United States: Provided, That this subsection shall
not prohibit--
(1) activities designed to increase food security in developing
countries where such activities will not have a significant impact in the
export of agricultural commodities of the United States; or
(2) research activities intended primarily to benefit American
producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall instruct the United States
Executive Directors of the International Bank for Reconstruction and
Development, the International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the International
Monetary Fund, the Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European Bank for
Reconstruction and Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States to oppose any
assistance by these institutions, using funds appropriated or made available
pursuant to this Act, for the production or extraction of any commodity or
mineral for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the same, similar,
or competing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. For the purposes of providing the executive branch with the
necessary administrative flexibility, none of the funds made available under
this Act for `Child Survival and Health Programs Fund', `Development
Assistance', `International Organizations and Programs', `Trade and
Development Agency', `International Narcotics Control and Law Enforcement',
`Andean Counterdrug Initiative', `Assistance for Eastern Europe and the Baltic
States', `Assistance for the Independent States of the Former Soviet Union',
`Economic Support Fund', `Peacekeeping Operations', `Operating Expenses of the
United States Agency for International Development', `Operating Expenses of
the United States Agency for International Development Office of Inspector
General', `Nonproliferation, Anti-terrorism, Demining and Related Programs',
`Foreign Military Financing Program', `International Military Education and
Training', `Peace Corps', and `Migration and Refugee Assistance', shall be
available for obligation for activities, programs, projects, type of materiel
assistance, countries, or other operations not justified or in excess of the
amount justified to the Appropriations Committees for obligation under any of
these specific headings unless the Appropriations Committees of both Houses of
Congress are previously notified 15 days in advance: Provided, That
the President shall not enter into any commitment of funds appropriated for
the purposes of section 23 of the Arms Export Control Act for the provision of
major defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the quantities
justified to Congress unless the Committees on Appropriations are notified 15
days in advance of such commitment: Provided further, That this
section shall not apply to any reprogramming for an activity, program, or
project under chapter 1 of part I of the Foreign Assistance Act of 1961 of
less than 10 percent of the amount previously justified to the Congress for
obligation for such activity, program, or project for the current fiscal year:
Provided further, That the requirements of this section or any
similar provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification procedures
of the Committees on Appropriations, may be waived if failure to do so would
pose a substantial risk to human health or welfare: Provided further,
That in case of any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as early as
practicable, but in no event later than 3 days after taking the action to
which such notification requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an explanation
of the emergency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND
PROGRAMS
SEC. 516. Subject to the regular notification procedures of the Committees
on Appropriations, funds appropriated under this Act or any previously enacted
Act making appropriations for foreign operations, export financing, and
related programs, which are returned or not made available for organizations
and programs because of the implementation of section 307(a) of the Foreign
Assistance Act of 1961, shall remain available for obligation until September
30, 2003.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
SEC. 517. (a) None of the funds appropriated under the heading `Assistance
for the Independent States of the Former Soviet Union' shall be made available
for assistance for a government of an Independent State of the former Soviet
Union--
(1) unless that government is making progress in implementing
comprehensive economic reforms based on market principles, private
ownership, respect for commercial contracts, and equitable treatment of
foreign private investment; and
(2) if that government applies or transfers United States assistance to
any entity for the purpose of expropriating or seizing ownership or control
of assets, investments, or ventures.
Assistance may be furnished without regard to this subsection if the
President determines that to do so is in the national interest.
(b) None of the funds appropriated under the heading `Assistance for the
Independent States of the Former Soviet Union' shall be made available for
assistance for a government of an Independent State of the former Soviet Union
if that government directs any action in violation of the territorial
integrity or national sovereignty of any other Independent State of the former
Soviet Union, such as those violations included in the Helsinki Final Act:
Provided, That such funds may be made available without regard to the
restriction in this subsection if the President determines that to do so is in
the national security interest of the United States.
(c) None of the funds appropriated under the heading `Assistance for the
Independent States of the Former Soviet Union' shall be made available for any
state to enhance its military capability: Provided, That this
restriction does not apply to demilitarization, demining or nonproliferation
programs.
(d) Funds appropriated under the heading `Assistance for the Independent
States of the Former Soviet Union' for the Russian Federation, Armenia,
Georgia, and Ukraine shall be subject to the regular notification procedures
of the Committees on Appropriations.
(e) Funds made available in this Act for assistance for the Independent
States of the former Soviet Union shall be subject to the provisions of
section 117 (relating to environment and natural resources) of the Foreign
Assistance Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts that are or
have been made available for an Enterprise Fund in the Independent States of
the Former Soviet Union may be deposited by such Fund in interest-bearing
accounts prior to the disbursement of such funds by the Fund for program
purposes. The Fund may retain for such program purposes any interest earned on
such deposits without returning such interest to the Treasury of the United
States and without further appropriation by the Congress. Funds made available
for Enterprise Funds shall be expended at the minimum rate necessary to make
timely payment for projects and activities.
(g) In issuing new task orders, entering into contracts, or making grants,
with funds appropriated in this Act or prior appropriations Acts under the
heading `Assistance for the Independent States of the Former Soviet Union' and
under comparable headings in prior appropriations Acts, for projects or
activities that have as one of their primary purposes the fostering of private
sector development, the Coordinator for United States Assistance to the New
Independent States and the implementing agency shall encourage the
participation of and give significant weight to contractors and grantees who
propose investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and
activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
SEC. 518. None of the funds made available to carry out part I of the
Foreign Assistance Act of 1961, as amended, may be used to pay for the
performance of abortions as a method of family planning or to motivate or
coerce any person to practice abortions. None of the funds made available to
carry out part I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of involuntary sterilization as a method of
family planning or to coerce or provide any financial incentive to any person
to undergo sterilizations. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be used to pay for
any biomedical research which relates in whole or in part, to methods of, or
the performance of, abortions or involuntary sterilization as a means of
family planning. None of the funds made available to carry out part I of the
Foreign Assistance Act of 1961, as amended, may be obligated or expended for
any country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 519. Not to exceed 5 percent of any appropriation other than for
administrative expenses made available for fiscal year 2002, for programs
under title I of this Act may be transferred between such appropriations for
use for any of the purposes, programs, and activities for which the funds in
such receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25 percent by
any such transfer: Provided, That the exercise of such authority
shall be subject to the regular notification procedures of the Committees on
Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated by this Act shall be obligated or
expended for Colombia, Haiti, Liberia, Serbia, Sudan, Zimbabwe, Pakistan, or
the Democratic Republic of the Congo except as provided through the regular
notification procedures of the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, `program, project, and activity'
shall be defined at the appropriations Act account level and shall include all
appropriations and authorizations Acts earmarks, ceilings, and limitations
with the exception that for the following accounts: Economic Support Fund and
Foreign Military Financing Program, `program, project, and activity' shall
also be considered to include country, regional, and central program level
funding within each such account; for the development assistance accounts of
the United States Agency for International Development `program, project, and
activity' shall also be considered to include central program level funding,
either as: (1) justified to the Congress; or (2) allocated by the executive
branch in accordance with a report, to be provided to the Committees on
Appropriations within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
SEC. 522. Up to $15,500,000 of the funds made available by this Act for
assistance under the heading `Child Survival and Health Programs Fund', may be
used to reimburse United States Government agencies, agencies of State
governments, institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for the personal
services of such individuals) detailed or assigned to, or contracted by, as
the case may be, the United States Agency for International Development for
the purpose of carrying out activities under that heading: Provided,
That up to $3,000,000 of the funds made available by this Act for assistance
under the heading `Development Assistance' may be used to reimburse such
agencies, institutions, and organizations for such costs of such individuals
carrying out other development assistance activities: Provided
further, That funds appropriated by this Act that are made available for
child survival activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may be
made available notwithstanding any other provision of law: Provided
further, That funds appropriated under title II of this Act may be made
available pursuant to section 301 of the Foreign Assistance Act of 1961 if a
primary purpose of the assistance is for child survival and related programs:
Provided further, That of the funds appropriated under title II of
this Act, $446,500,000 shall be made available for family
planning/reproductive health.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES
SEC. 523. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated to finance indirectly any assistance
or reparations to Cuba, Iraq, Libya, Iran, Syria, North Korea, or Sudan,
unless the President of the United States certifies that the withholding of
these funds is contrary to the national interest of the United States.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 524. Prior to providing excess Department of Defense articles in
accordance with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on Appropriations to the
same extent and under the same conditions as are other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms Export Control
Act, the Department of Defense shall notify the Committees on Appropriations
in accordance with the regular notification procedures of such Committees if
such defense articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in terms of
original acquisition cost) at $7,000,000 or more, or if notification is
required elsewhere in this Act for the use of appropriated funds for specific
countries that would receive such excess defense articles: Provided
further, That such Committees shall also be informed of the original
acquisition cost of such defense articles.
AUTHORIZATION REQUIREMENT
SEC. 525. Funds appropriated by this Act, except funds appropriated under
the headings `Peace Corps' and `Trade and Development Agency', may be
obligated and expended notwithstanding section 10 of Public Law 91-672 and
section 15 of the State Department Basic Authorities Act of 1956.
DEMOCRACY PROGRAMS
SEC. 526. (a) Funds appropriated by this Act that are provided to the
National Endowment for Democracy may be made available notwithstanding any
other provision of law or regulation: Provided, That notwithstanding
any other provision of law, of the funds appropriated by this Act to carry out
provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, not
less than $10,000,000 shall be made available for assistance for activities to
support democracy, human rights, and the rule of law in the People's Republic
of China, of which not less than $5,000,000 should be made available for the
Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights and
Labor, Department of State, for such activities, and of which not to exceed
$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 Tibet: Provided further, That
funds made available pursuant to the authority of this section for programs,
projects, and activities in the People's Republic of China shall be subject to
the regular notification procedures of the Committees on Appropriations.
(b) In addition to the funds made available in subsection (a), of the
funds appropriated by this Act under the heading `Economic Support Fund', not
less than $10,000,000 should be made available for programs and activities to
foster democracy, human rights, press freedoms, women's development, and the
rule of law in countries with a significant Muslim population, and where such
programs and activities would be important to United States efforts to respond
to, deter, or prevent acts of international terrorism: Provided, That
funds made available pursuant to the authority of this subsection should
support new initiatives or bolster ongoing programs and activities in those
countries: Provided further, That not less than $6,000,000 of such
funds should be made available for the Human Rights and Democracy Fund of the
Bureau of Democracy, Human Rights and Labor, Department of State, and not less
than $4,000,000 of such funds should be made available to a private,
non-profit organization authorized by Congress to strengthen democratic
institutions worldwide through nongovernmental efforts: Provided
further, That funds made available pursuant to the authority of this
subsection shall be subject to the regular notification procedures of the
Committees on Appropriations.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
SEC. 527. (a) Funds appropriated for bilateral assistance under any
heading of this Act and funds appropriated under any such heading in a
provision of law enacted prior to the enactment of this Act, shall not be made
available to any country which the President determines--
(1) grants sanctuary from prosecution to any individual or group which
has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a country
if the President determines that national security or humanitarian reasons
justify such waiver. The President shall publish each waiver in the Federal
Register and, at least 15 days before the waiver takes effect, shall notify
the Committees on Appropriations of the waiver (including the justification
for the waiver) in accordance with the regular notification procedures of the
Committees on Appropriations.
DEBT-FOR-DEVELOPMENT
SEC. 528. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under the
Foreign Assistance Act of 1961, including endowments, debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which is a grantee
or contractor of the United States Agency for International Development may
place in interest bearing accounts funds made available under this Act or
prior Acts or local currencies which accrue to that organization as a result
of economic assistance provided under title II of this Act and any interest
earned on such investment shall be used for the purpose for which the
assistance was provided to that organization.
SEPARATE ACCOUNTS
SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES- (1) If assistance is
furnished to the government of a foreign country under chapters 1 and 10 of
part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies of that country,
the Administrator of the United States Agency for International Development
shall--
(A) require that local currencies be deposited in a separate account
established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so deposited
may be utilized, consistent with this section; and
(C) establish by agreement with that government the responsibilities of
the United States Agency for International Development and that government
to monitor and account for deposits into and disbursements from the separate
account.
(2) USES OF LOCAL CURRENCIES- As may be agreed upon with the foreign
government, local currencies deposited in a separate account pursuant to
subsection (a), or an equivalent amount of local currencies, shall be used
only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of part II (as
the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United States
Government.
(3) PROGRAMMING ACCOUNTABILITY- The United States Agency for International
Development shall take all necessary steps to ensure that the equivalent of
the local currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS- Upon termination of assistance to
a country under chapter 1 or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country and the United States
Government.
(5) REPORTING REQUIREMENT- The Administrator of the United States Agency
for International Development shall report on an annual basis as part of the
justification documents submitted to the Committees on Appropriations on the
use of local currencies for the administrative requirements of the United
States Government as authorized in subsection (a)(2)(B), and such report shall
include the amount of local currency (and United States dollar equivalent)
used and/or to be used for such purpose in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS- (1) If assistance is made
available to the government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that country shall be
required to maintain such funds in a separate account and not commingle them
with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW- Such funds may be obligated
and expended notwithstanding provisions of law which are inconsistent with the
nature of this assistance including provisions which are referenced in the
Joint Explanatory Statement of the Committee of Conference accompanying House
Joint Resolution 648 (House Report No. 98-1159).
(3) NOTIFICATION- At least 15 days prior to obligating any such cash
transfer or nonproject sector assistance, the President shall submit a
notification through the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion of the United
States interests that will be served by the assistance (including, as
appropriate, a description of the economic policy reforms that will be
promoted by such assistance).
(4) EXEMPTION- Nonproject sector assistance funds may be exempt from the
requirements of subsection (b)(1) only through the notification procedures of
the Committees on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL
FINANCIAL INSTITUTIONS
SEC. 530. (a) No funds appropriated by this Act may be made as payment to
any international financial institution while the United States Executive
Director to such institution is compensated by the institution at a rate
which, together with whatever compensation such Director receives from the
United States, is in excess of the rate provided for an individual occupying a
position at level IV of the Executive Schedule under section 5315 of title 5,
United States Code, or while any alternate United States Director to such
institution is compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, `international financial institutions'
are: the International Bank for Reconstruction and Development, the
Inter-American Development Bank, the Asian Development Bank, the Asian
Development Fund, the African Development Bank, the African Development Fund,
the International Monetary Fund, the North American Development Bank, and the
European Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ
SEC. 531. None of the funds appropriated or otherwise made available
pursuant to this Act to carry out the Foreign Assistance Act of 1961
(including title IV of chapter 2 of part I, relating to the Overseas Private
Investment Corporation) or the Arms Export Control Act may be used to provide
assistance to any country that is not in compliance with the United Nations
Security Council sanctions against Iraq unless the President determines and so
certifies to the Congress that--
(1) such assistance is in the national interest of the United
States;
(2) such assistance will directly benefit the needy people in that
country; or
(3) the assistance to be provided will be humanitarian assistance for
foreign nationals who have fled Iraq and Kuwait.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN
DEVELOPMENT FOUNDATION
SEC. 532. Unless expressly provided to the contrary, provisions of this or
any other Act, including provisions contained in prior Acts authorizing or
making appropriations for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American Foundation Act or the
African Development Foundation Act. The agency shall promptly report to the
Committees on Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which assistance is
prohibited.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 533. None of the funds appropriated by this Act may be obligated or
expended to provide--
(a) any financial incentive to a business enterprise currently located
in the United States for the purpose of inducing such an enterprise to
relocate outside the United States if such incentive or inducement is likely
to reduce the number of employees of such business enterprise in the United
States because United States production is being replaced by such enterprise
outside the United States; or
(b) assistance for any project or activity that contributes to the
violation of internationally recognized workers rights, as defined in
section 502(a)(4) of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in that country:
Provided, That in recognition that the application of this
subsection should be commensurate with the level of development of the
recipient country and sector, the provisions of this subsection shall not
preclude assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture.
SPECIAL AUTHORITIES
SEC. 534. (a) AFGHANISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED
CHILDREN, AND DISPLACED BURMESE- Funds appropriated in titles I and II of this
Act that are made available for Afghanistan, Lebanon, Montenegro, and for
victims of war, displaced children, and displaced Burmese, may be made
available notwithstanding any other provision of law: Provided, That
any such funds that are made available for Cambodia shall be subject to the
provisions of section 531(e) of the Foreign Assistance Act of 1961 and section
906 of the International Security and Development Cooperation Act of 1985.
(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION ACTIVITIES- Funds
appropriated by this Act to carry out the provisions of sections 103 through
106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation activities and
energy programs aimed at reducing greenhouse gas emissions: Provided,
That such assistance shall be subject to sections 116, 502B, and 620A of the
Foreign Assistance Act of 1961.
(c) PERSONAL SERVICES CONTRACTORS- Funds appropriated by this Act to carry
out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign
Assistance Act of 1961, and title II of the Agricultural Trade Development and
Assistance Act of 1954, may be used by the United States Agency for
International Development to employ up to 25 personal services contractors in
the United States, notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded overseas programs and
activities and managed by the agency until permanent direct hire personnel are
hired and trained: Provided, That not more than 10 of such
contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out the Foreign Assistance
Act of 1961 may be made available for personal services contractors assigned
only to the Office of Health and Nutrition; the Office of Procurement; the
Bureau for Africa; the Bureau for Latin America and the Caribbean; and the
Bureau for Asia and the Near East: Provided further, That such funds
appropriated to carry out title II of the Agricultural Trade Development and
Assistance Act of 1954, may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(d)(1) WAIVER- The President may waive the provisions of section 1003 of
Public Law 100-204 if the President determines and certifies in writing to the
Speaker of the House of Representatives and the President pro tempore of the
Senate that it is important to the national security interests of the United
States.
(2) PERIOD OF APPLICATION OF WAIVER- Any waiver pursuant to paragraph (1)
shall be effective for no more than a period of 6 months at a time and shall
not apply beyond 12 months after the enactment of this Act.
(e) During fiscal year 2002, the President may use up to $45,000,000 under
the authority of section 451 of the Foreign Assistance Act, notwithstanding
the funding ceiling in section 451(a).
(f) SMALL BUSINESS- In entering into multiple award indefinite-quantity
contracts with funds appropriated by this Act, the United States Agency for
International Development may provide an exception to the fair opportunity
process for placing task orders under such contracts when the order is placed
with any category of small or small disadvantaged business.
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF ISRAEL AND NORMALIZING
RELATIONS WITH ISRAEL
SEC. 535. It is the sense of the Congress that--
(1) the Arab League countries should immediately and publicly renounce
the primary boycott of Israel and the secondary and tertiary boycott of
American firms that have commercial ties with Israel and should normalize
their relations with Israel;
(2) the decision by the Arab League in 1997 to reinstate the boycott
against Israel was deeply troubling and disappointing;
(3) the fact that only three Arab countries maintain full diplomatic
relations with Israel is also of deep concern;
(4) the Arab League should immediately rescind its decision on the
boycott and its members should develop normal relations with their neighbor
Israel; and
(5) the President should--
(A) take more concrete steps to encourage vigorously Arab League
countries to renounce publicly the primary boycotts of Israel and the
secondary and tertiary boycotts of American firms that have commercial
relations with Israel and to normalize their relations with
Israel;
(B) take into consideration the participation of any recipient country
in the primary boycott of Israel and the secondary and tertiary boycotts
of American firms that have commercial relations with Israel when
determining whether to sell weapons to said country;
(C) report to Congress annually on the specific steps being taken by
the United States and the progress achieved to bring about a public
renunciation of the Arab primary boycott of Israel and the secondary and
tertiary boycotts of American firms that have commercial relations with
Israel and to expand the process of normalizing ties between Arab League
countries and Israel; and
(D) encourage the allies and trading partners of the United States to
enact laws prohibiting businesses from complying with the boycott and
penalizing businesses that do comply.
ADMINISTRATION OF JUSTICE ACTIVITIES
SEC. 536. Of the funds appropriated or otherwise made available by this
Act for `Economic Support Fund', assistance may be provided to strengthen the
administration of justice in countries in Latin America and the Caribbean and
in other regions consistent with the provisions of section 534(b) of the
Foreign Assistance Act of 1961, except that programs to enhance protection of
participants in judicial cases may be conducted notwithstanding section 660 of
that Act. Funds made available pursuant to this section may be made available
notwithstanding section 534(c) and the second and third sentences of section
534(e) of the Foreign Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 537. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS-
Restrictions contained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance in support of programs
of nongovernmental organizations from funds appropriated by this Act to carry
out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961, and from funds appropriated
under the heading `Assistance for Eastern Europe and the Baltic States':
Provided, That the President shall take into consideration, in any
case in which a restriction on assistance would be applicable but for this
subsection, whether assistance in support of programs of nongovernmental
organizations is in the national interest of the United States: Provided
further, That before using the authority of this subsection to furnish
assistance in support of programs of nongovernmental organizations, the
President shall notify the Committees on Appropriations under the regular
notification procedures of those committees, including a description of the
program to be assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in this
subsection shall be construed to alter any existing statutory prohibitions
against abortion or involuntary sterilizations contained in this or any other
Act.
(b) PUBLIC LAW 480- During fiscal year 2002, restrictions contained in
this or any other Act with respect to assistance for a country shall not be
construed to restrict assistance under the Agricultural Trade Development and
Assistance Act of 1954: Provided, That none of the funds appropriated
to carry out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) EXCEPTION- This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance Act of 1961
or any comparable provision of law prohibiting assistance to countries that
support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance Act of 1961 or
any comparable provision of law prohibiting assistance to the government of
a country that violates internationally recognized human rights.
EARMARKS
SEC. 538. (a) Funds appropriated by this Act which are earmarked may be
reprogrammed for other programs within the same account notwithstanding the
earmark if compliance with the earmark is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That assistance that
is reprogrammed pursuant to this subsection shall be made available under the
same terms and conditions as originally provided.
(b) In addition to the authority contained in subsection (a), the original
period of availability of funds appropriated by this Act and administered by
the United States Agency for International Development that are earmarked for
particular programs or activities by this or any other Act shall be extended
for an additional fiscal year if the Administrator of such agency determines
and reports promptly to the Committees on Appropriations that the termination
of assistance to a country or a significant change in circumstances makes it
unlikely that such earmarked funds can be obligated during the original period
of availability: Provided, That such earmarked funds that are
continued available for an additional fiscal year shall be obligated only for
the purpose of such earmark.
CEILINGS AND EARMARKS
SEC. 539. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made available by
any subsequent Act unless such Act specifically so directs. Earmarks or
minimum funding requirements contained in any other Act shall not be
applicable to funds appropriated by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 540. No part of any appropriation contained in this Act shall be used
for publicity or propaganda purposes within the United States not authorized
before the date of the enactment of this Act by the Congress:
Provided, That not to exceed $750,000 may be made available to carry
out the provisions of section 316 of Public Law 96-533.
PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS
SEC. 541. To the maximum extent practicable, assistance provided under
this Act should make full use of American resources, including commodities,
products, and services.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 542. None of the funds appropriated or made available pursuant to
this Act for carrying out the Foreign Assistance Act of 1961, may be used to
pay in whole or in part any assessments, arrearages, or dues of any member of
the United Nations or, from funds appropriated by this Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for
participation of another country's delegation at international conferences
held under the auspices of multilateral or international organizations.
NONGOVERNMENTAL ORGANIZATIONS--DOCUMENTATION
SEC. 543. None of the funds appropriated or made available pursuant to
this Act shall be available to a nongovernmental organization which fails to
provide upon timely request any document, file, or record necessary to the
auditing requirements of the United States Agency for International
Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY
EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
SEC. 544. (a) None of the funds appropriated or otherwise made available
by this Act may be available to any foreign government which provides lethal
military equipment to a country the government of which the Secretary of State
has determined is a terrorist government for purposes of section 6(j) of the
Export Administration Act. The prohibition under this section with respect to
a foreign government shall terminate 12 months after that government ceases to
provide such military equipment. This section applies with respect to lethal
military equipment provided under a contract entered into after October 1,
1997.
(b) Assistance restricted by subsection (a) or any other similar provision
of law, may be furnished if the President determines that furnishing such
assistance is important to the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the President
shall submit to the appropriate congressional committees a report with respect
to the furnishing of such assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the estimated dollar
amount of such assistance, and an explanation of how the assistance furthers
United States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY FOREIGN COUNTRIES
SEC. 545. (a) IN GENERAL- Of the funds appropriated under this Act that
are made available for a foreign country under part I of the Foreign
Assistance Act of 1961, an amount equivalent to 110 percent of the total
unpaid fully adjudicated parking fines and penalties owed to the District of
Columbia and New York City, New York by such country as of the date of the
enactment of this Act that were incurred after the first day of the fiscal
year preceding the current fiscal year shall be withheld from obligation for
such country until the Secretary of State certifies and reports in writing to
the appropriate congressional committees that such fines and penalties are
fully paid to the governments of the District of Columbia and New York City,
New York.
(b) DEFINITION- For purposes of this section, the term `appropriate
congressional committees' means the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA
SEC. 546. None of the funds appropriated by this Act may be obligated for
assistance for the Palestine Liberation Organization for the West Bank and
Gaza unless the President has exercised the authority under section 604(a) of
the Middle East Peace Facilitation Act of 1995 (title VI of Public Law
104-107) or any other legislation to suspend or make inapplicable section 307
of the Foreign Assistance Act of 1961 and that suspension is still in effect:
Provided, That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act of 1995 or to
suspend the prohibition under other legislation, funds appropriated by this
Act may not be obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 547. If the President determines that doing so will contribute to a
just resolution of charges regarding genocide or other violations of
international humanitarian law, the President may direct a drawdown pursuant
to section 552(c) of the Foreign Assistance Act of 1961, as amended, of up to
$30,000,000 of commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by the United
Nations Security Council or such other tribunals or commissions as the Council
may establish or authorize to deal with such violations, without regard to the
ceiling limitation contained in paragraph (2) thereof: Provided, That
the determination required under this section shall be in lieu of any
determinations otherwise required under section 552(c): Provided
further, That funds made available for tribunals other than Yugoslavia or
Rwanda shall be made available subject to the regular notification procedures
of the Committees on Appropriations.
LANDMINES
SEC. 548. Notwithstanding any other provision of law, demining equipment
available to the United States Agency for International Development and the
Department of State and used in support of the clearance of landmines and
unexploded ordnance for humanitarian purposes may be disposed of on a grant
basis in foreign countries, subject to such terms and conditions as the
President may prescribe: Provided, That section 1365(c) of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484;
22 U.S.C., 2778 note) is amended by striking `During the 11-year period
beginning on October 23, 1992' and inserting `During the 16-year period
beginning on October 23, 1992'.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
SEC. 549. None of the funds appropriated by this Act may be obligated or
expended to create in any part of Jerusalem a new office of any department or
agency of the United States Government for the purpose of conducting official
United States Government business with the Palestinian Authority over Gaza and
Jericho or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That meetings
between officers and employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing entity provided
for in the Israel-PLO Declaration of Principles, for the purpose of conducting
official United States Government business with such authority should continue
to take place in locations other than Jerusalem. As has been true in the past,
officers and employees of the United States Government may continue to meet in
Jerusalem on other subjects with Palestinians (including those who now occupy
positions in the Palestinian Authority), have social contacts, and have
incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 550. None of the funds appropriated or otherwise made available by
this Act under the heading `International Military Education and Training' or
`Foreign Military Financing Program' for Informational Program activities or
under the headings `Child Survival and Health Programs Fund', `Development
Assistance', and `Economic Support Fund' may be obligated or expended to pay
for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substantially of a
recreational character, including entrance fees at sporting events and
amusement parks.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 551. (a) AUTHORITY TO REDUCE DEBT- The President may reduce amounts
owed to the United States (or any agency of the United States) by an eligible
country as a result of--
(1) guarantees issued under sections 221 and 222 of the Foreign
Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms Export Control
Act; or
(3) any obligation or portion of such obligation, to pay for purchases
of United States agricultural commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs authorized pursuant to
section 5(f) of the Commodity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for Peace Act of 1966, as amended
(Public Law 89-808), or section 202 of the Agricultural Trade Act of 1978,
as amended (Public Law 95-501).
(1) The authority provided by subsection (a) may be exercised only to
implement multilateral official debt relief and referendum agreements,
commonly referred to as `Paris Club Agreed Minutes'.
(2) The authority provided by subsection (a) may be exercised only in
such amounts or to such extent as is provided in advance by appropriations
Acts.
(3) The authority provided by subsection (a) may be exercised only with
respect to countries with heavy debt burdens that are eligible to borrow
from the International Development Association, but not from the
International Bank for Reconstruction and Development, commonly referred to
as `IDA-only' countries.
(c) CONDITIONS- The authority provided by subsection (a) may be exercised
only with respect to a country whose government--
(1) does not have an excessive level of military expenditures;
(2) has not repeatedly provided support for acts of international
terrorism;
(3) is not failing to cooperate on international narcotics control
matters;
(4) (including its military or other security forces) does not engage in
a consistent pattern of gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the application of
section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995.
(d) AVAILABILITY OF FUNDS- The authority provided by subsection (a) may be
used only with regard to funds appropriated by this Act under the heading
`Debt Restructuring'.
(e) CERTAIN PROHIBITIONS INAPPLICABLE- A reduction of debt pursuant to
subsection (a) shall not be considered assistance for purposes of any
provision of law limiting assistance to a country. The authority provided by
subsection (a) may be exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International Development and
Food Assistance Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 552. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLATION-
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS- Notwithstanding
any other provision of law, the President may, in accordance with this
section, sell to any eligible purchaser any concessional loan or portion
thereof made before January 1, 1995, pursuant to the Foreign Assistance Act
of 1961, to the government of any eligible country as defined in section
702(6) of that Act or on receipt of payment from an eligible purchaser,
reduce or cancel such loan or portion thereof, only for the purpose of
facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own qualified debt,
only if the eligible country uses an additional amount of the local
currency of the eligible country, equal to not less than 40 percent of the
price paid for such debt by such eligible country, or the difference
between the price paid for such debt and the face value of such debt, to
support activities that link conservation and sustainable use of natural
resources with local community development, and child survival and other
child development, in a manner consistent with sections 707 through 710 of
the Foreign Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition of any prior
agreement relating to such loan.
(2) TERMS AND CONDITIONS- Notwithstanding any other provision of law,
the President shall, in accordance with this section, establish the terms
and conditions under which loans may be sold, reduced, or canceled pursuant
to this section.
(3) ADMINISTRATION- The Facility, as defined in section 702(8) of the
Foreign Assistance Act of 1961, shall notify the administrator of the agency
primarily responsible for administering part I of the Foreign Assistance Act
of 1961 of purchasers that the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduction, or cancellation
of a loan pursuant to this section. Such agency shall make an adjustment in
its accounts to reflect the sale, reduction, or cancellation.
(4) LIMITATION- The authorities of this subsection shall be available
only to the extent that appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act of 1974, are made in
advance.
(b) DEPOSIT OF PROCEEDS- The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this section
shall be deposited in the United States Government account or accounts
established for the repayment of such loan.
(c) ELIGIBLE PURCHASERS- A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the President
for using the loan for the purpose of engaging in debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS- Before the sale to any eligible purchaser, or
any reduction or cancellation pursuant to this section, of any loan made to an
eligible country, the President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their uses for
debt-for-equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) AVAILABILITY OF FUNDS- The authority provided by subsection (a) may be
used only with regard to funds appropriated by this Act under the heading
`Debt Restructuring'.
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES
SEC. 553. (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.
(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.
(c) DEFINITIONS- As used in this section the term `United States person'
refers to--
(1) a natural person who is a citizen or national of the United States;
or
(2) a corporation, partnership, or other legal entity organized under
the United States or any State, territory, possession, or district of the
United States.
HAITI COAST GUARD
SEC. 554. The Government of Haiti shall be eligible to purchase defense
articles and services under the Arms Export Control Act (22 U.S.C. 2751 et
seq.), for the Coast Guard: Provided, That the authority provided by
this section shall be subject to the regular notification procedures of the
Committees on Appropriations.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
SEC. 555. (a) PROHIBITION OF FUNDS- None of the funds appropriated by this
Act to carry out the provisions of chapter 4 of part II of the Foreign
Assistance Act of 1961 may be obligated or expended with respect to providing
funds to the Palestinian Authority.
(b) WAIVER- The prohibition included in subsection (a) shall not apply if
the President certifies in writing to the Speaker of the House of
Representatives and the President pro tempore of the Senate that waiving such
prohibition is important to the national security interests of the United
States.
(c) PERIOD OF APPLICATION OF WAIVER- Any waiver pursuant to subsection (b)
shall be effective for no more than a period of 6 months at a time and shall
not apply beyond 12 months after the enactment of this Act.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 556. 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.
DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN
FEDERATION
SEC. 557. 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.
ASSISTANCE FOR THE MIDDLE EAST
SEC. 558. 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.
ENERGY CONSERVATION AND CLEAN ENERGY PROGRAMS
SEC. 559. (a) FUNDING- Of the funds appropriated by this Act, not less
than $155,000,000 should be made available to support policies and actions in
developing countries and countries in transition that promote energy
conservation and efficient energy production and use; that measure, monitor,
and reduce greenhouse gas emissions; increase carbon sequestration activities;
and enhance climate change mitigation programs.
(b) GREENHOUSE GAS EMISSIONS REPORT- Not later than 30 days after the date
on which the President's fiscal year 2003 budget request is submitted to
Congress, the President shall submit a report to the Committees on
Appropriations describing in detail the following--
(1) all Federal agency obligations and expenditures, domestic and
international, for climate change programs and activities in fiscal year
2002, including an accounting of expenditures by agency with each agency
identifying climate change activities and associated costs by line item as
presented in the President's Budget Appendix; and
(2) all fiscal year 2001 obligations and estimated expenditures, fiscal
year 2002 estimated expenditures and estimated obligations, and fiscal year
2003 requested funds by the United States Agency for International
Development, by country and central program, for each of the following: (1)
to promote the transfer and deployment of United States clean energy
technologies; (2) to assist in the measurement, monitoring, reporting,
verification, and reduction of greenhouse gas emissions; (3) to promote
carbon capture and sequestration measures; (4) to help meet such countries'
responsibilities under the Framework Convention on Climate Change; and (5)
to develop assessments of the vulnerability to impacts of climate change and
response strategies.
ZIMBABWE
SEC. 560. The Secretary of the Treasury shall instruct the United States
executive director to each international financial institution to vote against
any extension by the respective institution of any loans, to the Government of
Zimbabwe, except to meet basic human needs or to promote democracy, unless the
Secretary of State determines and certifies to the Committees on
Appropriations that the rule of law has been restored in Zimbabwe, including
respect for ownership and title to property, freedom of speech and
association.
CENTRAL AMERICA RELIEF AND RECONSTRUCTION
SEC. 561. Funds made available to the Comptroller General pursuant to
title I, chapter 4 of Public Law 106-31, to monitor the provision of
assistance to address the effects of hurricanes in Central America and the
Caribbean and the earthquake in Colombia, shall also be available to the
Comptroller General to monitor earthquake relief and reconstruction efforts in
El Salvador.
ENTERPRISE FUND RESTRICTIONS
SEC. 562. Prior to the distribution of any assets resulting from any
liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in
part, the President shall submit to the Committees on Appropriations, in
accordance with the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of the Enterprise
Fund.
CAMBODIA
SEC. 563. (a) The Secretary of the Treasury should instruct the United
States executive directors of the international financial institutions to use
the voice and vote of the United States to oppose loans to the Central
Government of Cambodia, except loans to meet basic human needs.
(b)(1) None of the funds appropriated by this Act may be made available
for assistance for the Central Government of Cambodia unless the Secretary of
State determines and reports to the Committees on Appropriations that the
Central Government of Cambodia--
(A) is making significant progress in resolving outstanding human rights
cases, including the 1994 grenade attack against the Buddhist Liberal
Democratic Party, and the 1997 grenade attack against the Khmer Nation
Party;
(B) has held local elections that are deemed free and fair by
international and local election monitors; and
(C) is making significant progress in the protection, management, and
conservation of the environment and natural resources, including in the
promulgation and enforcement of laws and policies to protect forest
resources.
(2) In the event the Secretary of State makes the determination under
paragraph (1), assistance may be made available to the Central Government of
Cambodia only through the regular notification procedures of the Committees on
Appropriations.
(c) Notwithstanding subsection (b) of this section or any other provision
of law, funds appropriated by this Act may be made available for assistance
for basic education and for assistance to the Government of Cambodia's
Ministry of Women and Veteran's Affairs to combat human trafficking, subject
to the regular notification procedures of the Committees on Appropriations.
(d) None of the funds appropriated or otherwise made available by this Act
may be used to provide equipment, technical support, consulting services, or
any other form of assistance to any tribunal established by the Government of
Cambodia pursuant to a memorandum of understanding with the United Nations
unless the President determines and certifies to Congress that the tribunal is
capable of delivering justice for crimes against humanity and genocide in an
impartial and credible manner.
FOREIGN MILITARY TRAINING REPORT
SEC. 564. (a) The Secretary of Defense and the Secretary of State shall
jointly provide to the Congress by March 1, 2002, a report on all military
training provided to foreign military personnel (excluding sales, and
excluding training provided to the military personnel of countries belonging
to the North Atlantic Treaty Organization) under programs administered by the
Department of Defense and the Department of State during fiscal years 2001 and
2002, including those proposed for fiscal year 2002. This report shall
include, for each such military training activity, the foreign policy
justification and purpose for the training activity, the cost of the training
activity, the number of foreign students trained and their units of operation,
and the location of the training. In addition, this report shall also include,
with respect to United States personnel, the operational benefits to United
States forces derived from each such training activity and the United States
military units involved in each such training activity. This report may
include a classified annex if deemed necessary and appropriate.
(b) For purposes of this section a report to Congress shall be deemed to
mean a report to the Appropriations and Foreign Relations Committees of the
Senate and the Appropriations and International Relations Committees of the
House of Representatives.
KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION
SEC. 565. (a) Of the funds made available under the heading
`Nonproliferation, Anti-terrorism, Demining and Related Programs', not to
exceed $95,000,000 may be made available for the Korean Peninsula Energy
Development Organization (hereafter referred to in this section as `KEDO'),
notwithstanding any other provision of law, only for the administrative
expenses and heavy fuel oil costs associated with the Agreed Framework.
(b) Such funds may be made available for KEDO only if, 15 days prior to
such obligation of funds, the President certifies and so reports to Congress
that--
(1) the parties to the Agreed Framework have taken and continue to take
demonstrable steps to implement the Joint Declaration on Denuclearization of
the Korean Peninsula;
(2) North Korea is complying with all provisions of the Agreed
Framework; and
(3) the United States is continuing to make significant progress on
eliminating the North Korean ballistic missile threat, including further
missile tests and its ballistic missile exports.
(c) The President may waive the certification requirements of subsection
(b) if the President determines that it is vital to the national security
interests of the United States and provides written policy justifications to
the appropriate congressional committees. No funds may be obligated for KEDO
until 15 days after submission to Congress of such waiver.
(d) The Secretary of State shall, at the time of the annual presentation
for appropriations, submit a report providing a full and detailed accounting
of the fiscal year 2003 request for the United States contribution to KEDO,
the expected operating budget of KEDO, proposed annual costs associated with
heavy fuel oil purchases, including unpaid debt, and the amount of funds
pledged by other donor nations and organizations to support KEDO activities on
a per country basis, and other related activities.
(e) The final proviso under the heading `International Organizations and
Programs' in the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1996 (Public Law 104-107) is repealed.
PLO COMPLIANCE REPORT
SEC. 566. (a) REPORTING REQUIREMENT- The President should, 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 should 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 should, for a period of time of not less than six months, impose one
or more of the following sanctions:
(1) 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), such section to
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.
(2) 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.
(3)Terminate United States assistance (except humanitarian and
development assistance) for the West Bank and Gaza Program.
(b) SUBMISSION OF REPORT- The report required under subsection (a) should
be transmitted not later than 60 days after the date of enactment of this Act
and shall cover the period commencing June 13, 2001.
(c) UPDATE OF REPORT- The President should 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).
(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.
COLOMBIA
SEC. 567. (a) DETERMINATION AND CERTIFICATION REQUIRED- Notwithstanding
any other provision of law, funds appropriated by this Act or prior Acts
making appropriations for foreign operations, export financing, and related
programs, may be made available for assistance for the Colombian Armed Forces
as follows:
(1) Not more than 60 percent of such funds may be obligated after a
determination by the Secretary of State and a certification to the
appropriate congressional committees that:
(A) The Commander General of the Colombian Armed Forces is suspending
from the Armed Forces those members, of whatever rank, who have been
credibly alleged to have committed gross violations of human rights,
including extra-judicial killings, or to have aided or abetted
paramilitary groups.
(B) The Colombian Armed Forces are cooperating with civilian
prosecutors and judicial authorities (including providing requested
information, such as the identity of persons suspended from the Armed
Forces and the nature and cause of the suspension, and access to witnesses
and relevant military documents and other information), in prosecuting and
punishing in civilian courts those members of the Colombian Armed Forces,
of whatever rank, who have been credibly alleged to have committed gross
violations of human rights, including extra-judicial killings, or to have
aided or abetted paramilitary groups.
(C) The Colombian Armed Forces are taking effective measures to sever
links (including by denying access to military intelligence, vehicles, and
other equipment or supplies, and ceasing other forms of active or tacit
cooperation), at the command, battalion, and brigade levels, with
paramilitary groups, and to execute outstanding orders for capture for
members of such groups.
(2) The balance of such funds may be obligated after June 1, 2002, if
the Secretary of State determines and certifies to the appropriate
congressional committees that the Colombian Armed Forces are continuing to
meet the criteria contained in paragraphs (1)(A), (B), and (C).
(b) CONSULTATIVE PROCESS- At least 10 days prior to making the
determination and certification required by this section, and every 120 days
thereafter during fiscal year 2002, the Secretary of State shall consult with
internationally recognized human rights organizations regarding progress in
meeting the conditions contained in subsection (a).
(c) REPORT- One hundred and twenty days after the enactment of this Act,
and every 120 days thereafter during fiscal year 2002, the Secretary of State
shall submit a report to the Committees on Appropriations describing actions
taken by the Colombian Armed Forces to meet the requirements set forth in
subsections (a)(1)(A) through (a)(1)(C).
(d) DEFINITIONS- In this section:
(1) AIDED OR ABETTED- The term `aided or abetted' means to provide any
support to paramilitary groups, including taking actions which allow,
facilitate, or otherwise foster the activities of such groups.
(2) PARAMILITARY GROUPS- The term `paramilitary groups' means illegal
self-defense groups and illegal security cooperatives.
ILLEGAL ARMED GROUPS
SEC. 568. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN ILLEGAL ARMED
GROUPS- Subject to subsection (b), the Secretary of State shall not issue a
visa to any alien who the Secretary determines, based on credible
evidence--
(1) has willfully provided any support to the Revolutionary Armed Forces
of Colombia (FARC), the National Liberation Army (ELN), or the United
Self-Defense Forces of Colombia (AUC), including taking actions or failing
to take actions which allow, facilitate, or otherwise foster the activities
of such groups; or
(2) has committed, ordered, incited, assisted, or otherwise participated
in the commission of gross violations of human rights, including
extra-judicial killings, in Colombia.
(b) WAIVER- Subsection (a) shall not apply if the Secretary of State
determines and certifies to the appropriate congressional committees, on a
case-by-case basis, that the issuance of a visa to the alien is necessary to
support the peace process in Colombia or for urgent humanitarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
SEC. 569. None of the funds appropriated or otherwise made available by
this Act may be used to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian Broadcasting
Corporation.
IRAQ
SEC. 570. Notwithstanding any other provision of law, funds appropriated
under the heading `Economic Support Fund' may be made available for programs
benefitting the Iraqi people and to support efforts to bring about a political
transition in Iraq: Provided, That not more than 15 percent of the
funds (except for costs related to broadcasting activities) may be used for
administrative and representational expenses, including expenditures for
salaries, office rent and equipment: Provided further, That not later
than 60 days after the date of enactment of this Act, the Secretary of State
shall consult with the Committees on Appropriations regarding plans for the
expenditure of funds under this section: Provided further, That funds
made available under this heading are made available subject to the regular
notification procedures of the Committees on Appropriations.
WEST BANK AND GAZA PROGRAM
SEC. 571. For fiscal year 2002, 30 days prior to the initial obligation of
funds for the bilateral West Bank and Gaza Program, the Secretary of State
shall certify to the appropriate committees of Congress that procedures have
been established to assure the Comptroller General of the United States will
have access to appropriate United States financial information in order to
review the uses of United States assistance for the Program funded under the
heading `Economic Support Fund' for the West Bank and Gaza.
INDONESIA
SEC. 572. (a) Funds appropriated by this Act under the headings
`International Military Education and Training' and `Foreign Military
Financing Program' may be made available for assistance for Indonesian
military personnel only if the President determines and submits a report to
the appropriate congressional committees that the Government of Indonesia and
the Indonesian Armed Forces are--
(1) taking effective measures to bring to justice members of the armed
forces and militia groups against whom there is credible evidence of human
rights violations in East Timor and Indonesia;
(2) taking effective measures to bring to justice members of the armed
forces against whom there is credible evidence of aiding or abetting illegal
militia groups in East Timor and Indonesia;
(3) allowing displaced persons and refugees to return home to East
Timor, including providing safe passage for refugees returning from West
Timor and demonstrating a commitment to preventing incursions into East
Timor by members of militia groups in West Timor;
(4) demonstrating a commitment to accountability by cooperating with
investigations and prosecutions of members of the armed forces and militia
groups responsible for human rights violations in East Timor and
Indonesia;
(5) demonstrating a commitment to civilian control of the armed forces
by reporting to civilian authorities audits of receipts and expenditures of
the armed forces;
(6) allowing United Nations and other international humanitarian
organizations and representatives of recognized human rights organizations
access to West Timor, Aceh, West Papua, and Maluka; and
(7) releasing political detainees.
BRIEFINGS ON POTENTIAL PURCHASES OF DEFENSE ARTICLES OR DEFENSE SERVICES BY
TAIWAN
SEC. 573. (a) BRIEFINGS- Not later than 90 days after the date of
enactment of this Act, and not later than every 120 days thereafter during
fiscal year 2002, the Department of State, in consultation with the Department
of Defense, shall provide detailed briefings to the appropriate congressional
committees (including the Committees on Appropriations) on any discussions
conducted between any executive branch agency and the government of Taiwan
during the preceding 120 days (or, in the case of the initial briefing, since
the date of enactment of this Act) on any potential purchase of defense
articles or defense services by the government of Taiwan.
(b) EXECUTIVE AGENCY DEFINED- In this section, the term `executive branch
agency' has the meaning given the term `agency' in section 551(1) of title 5,
United States Code.
RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS DESTABILIZING SIERRA LEONE
SEC. 574. (a) None of the funds appropriated by this Act may be made
available for assistance for the government of any country for which the
Secretary of State determines there is credible evidence that such government
has knowingly facilitated the safe passage of weapons or other equipment, or
has provided lethal or non-lethal military support or equipment, directly or
through intermediaries, within the previous six months to the Sierra Leone
Revolutionary United Front (RUF), Liberian Security Forces, or any other group
intent on destabilizing the democratically elected government of the Republic
of Sierra Leone.
(b) None of the funds appropriated by this Act may be made available for
assistance for the government of any country for which the Secretary of State
determines there is credible evidence that such government has aided or
abetted, within the previous six months, in the illicit distribution,
transportation, or sale of diamonds mined in Sierra Leone.
(c) Whenever the prohibition on assistance required under subsection (a)
or (b) is exercised, the Secretary of State shall notify the Committees on
Appropriations in a timely manner.
VOLUNTARY SEPARATION INCENTIVES
SEC. 575. Section 579(c)(2)(D) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000, as enacted by
section 1000(a)(2) of the Consolidated Appropriations Act, 2000 (Public Law
106-113), as amended, is amended by striking `December 31, 2001' and inserting
in lieu thereof `December 31, 2002'.
UNITED NATIONS POPULATION FUND
SEC. 576. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION- Of the amounts made
available under `International Organizations and Programs', not more than
$34,000,000 for fiscal year 2002 shall be made available for the United
Nations Population Fund (hereafter in this section referred to as the
`UNFPA').
(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.
(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--
(1) the UNFPA maintains amounts made available to the UNFPA under this
section in an account separate from other accounts of the UNFPA;
(2) the UNFPA does not commingle amounts made available to the UNFPA
under this section with other sums; and
(3) the UNFPA does not fund abortions.
AMERICAN CHURCHWOMEN AND OTHER CITIZENS IN EL SALVADOR AND GUATEMALA
SEC. 577. (a) To the fullest extent possible information relevant to the
December 2, 1980, murders of four American churchwomen in El Salvador, and the
May 5, 2001, murder of Sister Barbara Ann Ford and the murders of six other
American citizens in Guatemala since December 1999, should be investigated and
made public.
(b) The Department of State is urged to pursue all reasonable avenues in
assuring the collection and public release of information pertaining to the
murders of the six American citizens in Guatemala.
(c) The President shall order all Federal agencies and departments,
including the Federal Bureau of Investigation, that possess relevant
information, to expeditiously declassify and release to the victims' families
such information, consistent with existing standards and procedures on
classification.
(d) In making determinations concerning declassification and release of
relevant information, all Federal agencies and departments should use the
discretion contained within such existing standards and procedures on
classification in support of releasing, rather than withholding, such
information.
(e) All reasonable efforts should be taken by the American Embassy in
Guatemala to work with relevant agencies of the Guatemalan Government to
protect the safety of American citizens in Guatemala, and to assist in the
investigations of violations of human rights.
PROCUREMENT AND FINANCIAL MANAGEMENT REFORM
SEC. 578. (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--
(1) implementing procedures for conducting annual audits by qualified
independent auditors for all new investment lending;
(2) implementing procedures for annual independent external audits of
central bank financial statements for countries making use of International
Monetary Fund resources under new arrangements or agreements with the
Fund;
(3) taking steps to establish an independent fraud and corruption
investigative organization or office;
(4) implementing a process to assess a recipient country's procurement
and financial management capabilities including an analysis of the risks of
corruption prior to initiating new investment lending; and
(5) taking steps to fund and implement programs and policies to improve
transparency and anti-corruption programs and procurement and financial
management controls in recipient countries.
(b) DEFINITION- 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.
BASIC EDUCATION ASSISTANCE FOR INDONESIA AND PAKISTAN
SEC. 579. (a) Of the funds made available under the heading `Development
Assistance' for basic education, $8,000,000 shall be made available to
Indonesia and Pakistan.
(b) Of the funds made available under the heading `Economic Support Fund'
for Pakistan, not less than $2,500,000 shall be transferred to `Operating
Expenses of the United States Agency for International Development' for the
purpose of monitoring and implementing United States economic support,
including that provided under the provisions of Public Law 107-38 and this
general provision, of basic education, health, and democracy and governance
activities in Pakistan.
(c) Not more than 60 days after the enactment of this Act, the
Administrator of the United States Agency for International Development shall
report to the House Committees on Appropriations and International Relations
and the Senate Committees on Appropriations and Foreign Relations on the
Agency's proposed allocation of basic education funding for Indonesia and
Pakistan, including in-country monitoring of budget support for basic
education provided under Public Law 107-38.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 580. Notwithstanding any other provision of law, and subject to the
regular notification procedures of the Committees on Appropriations, the
authority of section 23(a) of the Arms Export Control Act may be used to
provide financing to Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to purchase) of
defense articles from United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types of aircraft having
possible civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those defense
articles being provided by commercial lease rather than by
government-to-government sale under such Act.
WAR CRIMINALS
SEC. 581. (a)(1) None of the funds appropriated or otherwise made
available pursuant to this Act may be made available for assistance, and the
Secretary of the Treasury shall instruct the United States executive directors
to the international financial institutions to vote against any new project
involving the extension by such institutions of any financial or technical
assistance, to any country, entity, or municipality whose competent
authorities have failed, as determined by the Secretary of State, to take
necessary and significant steps to implement its international legal
obligations to apprehend and transfer to the International Criminal Tribunal
for the former Yugoslavia (the `Tribunal') all persons in their territory who
have been publicly indicted by the Tribunal and to otherwise cooperate with
the Tribunal.
(2) The provisions of this subsection shall not apply to humanitarian
assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the Secretary of
State determines and reports to the appropriate congressional committees that
the competent authorities of such country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for investigators,
the provision of documents, and the surrender and transfer of publicly
indicted persons or assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an international financial
institution regarding the extension of any new project involving financial or
technical assistance or grants to any country or entity described in
subsection (a), the Secretary of the Treasury, in consultation with the
Secretary of State, shall provide to the Committees on Appropriations a
written justification for the proposed assistance, including an explanation of
the United States position regarding any such vote, as well as a description
of the location of the proposed assistance by municipality, its purpose, and
its intended beneficiaries.
(d) In carrying out this section, the Secretary of State, the
Administrator of the United States Agency for International Development, and
the Secretary of the Treasury shall consult with representatives of human
rights organizations and all government agencies with relevant information to
help prevent publicly indicted war criminals from benefiting from any
financial or technical assistance or grants provided to any country or entity
described in subsection (a).
(e) The Secretary of State may waive the application of subsection (a)
with respect to projects within a country, entity, or municipality upon a
written determination to the Committees on Appropriations that such assistance
directly supports the implementation of the Dayton Accords.
(f) DEFINITIONS- As used in this section--
(1) COUNTRY- The term `country' means Bosnia and Herzegovina, Croatia
and Serbia.
(2) ENTITY- The term `entity' refers to the Federation of Bosnia and
Herzegovina, Kosovo, Montenegro and the Republika Srpska.
(3) MUNICIPALITY- The term `municipality' means a city, town or other
subdivision within a country or entity as defined herein.
(4) DAYTON ACCORDS- The term `Dayton Accords' means the General
Framework Agreement for Peace in Bosnia and Herzegovina, together with
annexes relating thereto, done at Dayton, November 10 through 16,
1995.
USER FEES
SEC. 582. 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.
HEAVILY INDEBTED POOR COUNTRIES TRUST FUND AUTHORIZATION
SEC. 583. Section 801(b)(1) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2001 (Public Law 106-429) is amended
by striking `$435,000,000' and inserting `$600,000,000'.
FUNDING FOR SERBIA
SEC. 584. (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).
(b) After March 31, 2002, the Secretary of the Treasury should instruct
the United States executive directors to the international financial
institutions to support loans and assistance to the Government of the Federal
Republic of Yugoslavia subject to the conditions in subsection (c):
Provided, That section 576 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as amended, shall
not apply to the provision of loans and assistance to the Federal Republic of
Yugoslavia through international financial institutions.
(c) The determination and certification referred to in subsection (a) is a
determination by the President and a certification to the Committees on
Appropriations that the Government of the Federal Republic of Yugoslavia
is--
(1) cooperating with the International Criminal Tribunal for the former
Yugoslavia including access for investigators, the provision of documents,
and the surrender and transfer of indictees or assistance in their
apprehension;
(2) taking steps that are consistent with the Dayton Accords to end
Serbian financial, political, security and other support which has served to
maintain separate Republika Srpska institutions; and
(3) taking steps to implement policies which reflect a respect for
minority rights and the rule of law, including the release of political
prisoners from Serbian jails and prisons.
(d) Subsections (b) and (c) shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy in
municipalities.
EL SALVADOR RECONSTRUCTION AND CENTRAL AMERICA DISASTER RELIEF
SEC. 585. (a) 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', $25,000,000 should be from funds appropriated under
the heading `International Disaster Assistance', and not less than $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 in Acts making appropriations for foreign operations,
export financing, and related programs for fiscal year 1999 and prior years,
not to exceed $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 section, up to
$2,500,000 may be used for administrative expenses, including auditing costs,
of USAID.
(b) During fiscal year 2002, not less than $35,000,000 of the funds
managed by the United States Agency for International Development should be
made available for mitigation of the drought and rural food shortages
elsewhere in Central America.
REPORTS ON CONDITIONS IN HONG KONG
SEC. 586. (a) Section 301 of the United States-Hong Kong Policy Act (22
U.S.C. 5731) is amended by striking `and March 31, 2000,' and inserting:
`March 31, 2000, March 31, 2001, March 31, 2002, March 31, 2003, March 31,
2004, March 31, 2005, and March 31, 2006'.
(b) The requirement in section 301 of the United States-Hong Kong Policy Act,
as amended by subsection (a), that a report under that section shall be
transmitted not later than March 31, 2001, shall be considered satisfied by the
transmittal of such report by August 7, 2001.
COMMUNITY-BASED POLICE ASSISTANCE
SEC. 587. (a) AUTHORITY- Of the funds made available to carry out the
provisions of chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961, up to $1,500,000 may be used, notwithstanding section
660 of that Act, to enhance the effectiveness and accountability of civilian
police authority in Jamaica through training and technical assistance in
internationally recognized human rights, the rule of law, strategic planning,
and through the promotion of civilian police roles that support democratic
governance including programs to prevent conflict and foster improved police
relations with the communities they serve.
(b) REPORT- Twelve months after the initial obligation of funds for
Jamaica for activities authorized under subsection (a), the Administrator of
the United States Agency for International Development shall submit a report
to the appropriate congressional committees describing the progress the
program is making toward improving police relations with the communities they
serve and institutionalizing an effective community-based police program.
(c) NOTIFICATION- Assistance provided under subsection (a) shall be
subject to the regular notification procedures of the Committees on
Appropriations.
AUTHORIZATIONS
SEC. 588. The Secretary of the Treasury may, to fulfill commitments of the
United States, contribute on behalf of the United States to the fifth
replenishment of the resources of the International Fund for Agricultural
Development. The following amount is authorized to be appropriated without
fiscal year limitation for payment by the Secretary of the Treasury:
$30,000,000 for the International Fund for Agricultural Development:
Provided, That notwithstanding the dates specified in section 7 of
the Export-Import Bank Act of 1945 (12 U.S.C. 635f) and section 1(c) of Public
Law 103-428, the Export-Import Bank of the United States shall continue to
exercise its functions in connection with and in furtherance of its objects
and purposes through March 31, 2002.
EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN COUNTRIES AND
CERTAIN OTHER COUNTRIES
SEC. 589. Notwithstanding section 516(e) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j(e)), during each of the fiscal years 2002 and 2003,
funds available to the Department of Defense may be expended for crating,
packing, handling, and transportation of excess defense articles transferred
under the authority of section 516 of such Act to Albania, Bulgaria, Croatia,
Estonia, Former Yugoslavia Republic of Macedonia, Georgia, India, Kazakhstan,
Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia,
Slovenia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan:
Provided, That section 105 of Public Law 104-164 is amended by
striking `2000 and 2001' and inserting `2002 and 2003'.
OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK
RESTRICTIONS
SEC. 590. (a) LIMITATION ON USE OF FUNDS BY OPIC- None of the funds made
available in this Act may be used by the Overseas Private Investment
Corporation to insure, reinsure, guarantee, or finance any investment in
connection with a project involving the mining, polishing or other processing,
or sale of diamonds in a country that fails to meet the requirements of
subsection (c).
(b) LIMITATION ON USE OF FUNDS BY THE EXPORT-IMPORT BANK- None of the
funds made available in this Act may be used by the Export-Import Bank of the
United States to guarantee, insure, extend credit, or participate in an
extension of credit in connection with the export of any goods to a country
for use in an enterprise involving the mining, polishing or other processing,
or sale of diamonds in a country that fails to meet the requirements of
subsection (c).
(c) REQUIREMENTS- The requirements referred to in subsection (a) and (b)
are that the country concerned is implementing a system of controls, or taking
other appropriate measures, that the Secretary of State determines to
contribute effectively to preventing and eliminating the trade in conflict
diamonds.
MODIFICATION TO THE ANNUAL DRUG CERTIFICATION PROCEDURES
SEC. 591. During fiscal year 2002 funds in this Act that would otherwise
be withheld from obligation or expenditure under section 490 of the Foreign
Assistance Act of 1961 may be obligated or expended provided that:
(1) REPORT- Not later than 45 days after enactment the President has
submitted to the appropriate congressional committees a report identifying
each country determined by the President to be a major drug-transit country
or major illicit drug producing country.
(2) DESIGNATION AND JUSTIFICATION- In each report under paragraph (1),
the President shall also--
(A) designate each country, if any, identified in such report that has
failed demonstrably, during the previous 12 months, to make substantial
efforts--
(i) to adhere to its obligations under international
counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth in section
489(a)(1) of the Foreign Assistance Act of 1961; and
(B) include a justification for each country so designated.
(3) LIMITATION ON ASSISTANCE FOR DESIGNATED COUNTRIES- In the case of a
country identified in a report for fiscal year 2002 under paragraph (1) that
is also designated under paragraph (2) in the report, United States
assistance may be provided under this Act to such country in fiscal year
2002 only if the President determines and reports to the appropriate
congressional committees that--
(A) provision of such assistance to the country in such fiscal year is
vital to the national interests of the United States; or
(B) commencing at any time 45 days after enactment, the country has
made substantial efforts--
(i) to adhere to its obligations under international
counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth in section
489(a)(1) of the Foreign Assistance Act of 1961.
(4) INTERNATIONAL COUNTERNARCOTICS AGREEMENT DEFINED- In this section,
the term `international counternarcotics agreement' means--
(A) the United Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances; or
(B) any bilateral or multilateral agreement in force between the
United States and another country or countries that addresses issues
relating to the control of illicit drugs, such as--
(i) the production, distribution, and interdiction of illicit
drugs;
(iii) the activities of criminal organizations;
(iv) international legal cooperation among courts, prosecutors, and
law enforcement agencies (including the exchange of information and
evidence);
(v) the extradition of nationals and individuals involved in
drug-related criminal activity;
(vi) the temporary transfer for prosecution of nationals and
individuals involved in drug-related criminal activity;
(ix) illicit firearms trafficking;
(xi) control of precursor chemicals;
(xii) asset forfeiture; and
(xiii) related training and technical assistance,
and includes, where appropriate, timetables and objective and
measurable standards to assess the progress made by participating
countries with respect to such issues.
(5) APPLICATION- Section 490(a) through (g) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291j) shall not apply during fiscal year 2002 with
respect to any country identified in paragraph (1) of this section.
(6) STATUTORY CONSTRUCTION- Nothing in this section supersedes or
modifies the requirement in section 489(a) of the Foreign Assistance Act of
1961 (with respect to the International Control Strategy Report) for the
transmittal of a report not later than March 1, 2002 under that
section.
KENNETH M. LUDDEN
SEC. 592. This Act may be cited as the Kenneth M. Ludden Foreign
Operations, Export Financing, and Related Programs Appropriations Act, Fiscal
Year 2002.
This Act may be cited as the `Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END