[107th Congress Public Law 115]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ115.107]
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FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2002
[[Page 115 STAT. 2118]]
Public Law 107-115
107th Congress
An Act
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2002, and for
other purposes. <<NOTE: Jan. 10, 2002 - [H.R. 2506]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002.>> 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
[[Page 115 STAT. 2119]]
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, <<NOTE: Termination date. 12 USC 635a note.>> 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.
[[Page 115 STAT. 2120]]
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
[[Page 115 STAT. 2121]]
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, <<NOTE: Abortion. Sterilization.>> That
none of the funds made available in this Act nor any unobligated
balances from prior appropriations may be made available to any
organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided further,
That none of the funds made available under this Act may be used to pay
for the performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided further,
That none of the funds made available under this Act may be used to
lobby for or against abortion: Provided further, <<NOTE: Family
planning.>> 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; <<NOTE: Deadline. Reports.>> 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
[[Page 115 STAT. 2122]]
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.
[[Page 115 STAT. 2123]]
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, <<NOTE: 22 USC 2151u note.>> 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, <<NOTE: Reports. Deadline.>> That the United States Agency for
International Development shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new program of
assistance.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees, 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, <<NOTE: Applicability.>> 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
[[Page 115 STAT. 2124]]
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, <<NOTE: Reports. Deadline.>> 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, <<NOTE: Israel. Deadline.>> 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, <<NOTE: Egypt.>> 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
[[Page 115 STAT. 2125]]
understanding that Egypt will undertake significant economic reforms
which are additional to those which were undertaken in previous fiscal
years, and of which not less than $200,000,000 shall be provided as
Commodity Import Program assistance: Provided
further, <<NOTE: President. Israel.>> That in exercising the authority
to provide cash transfer assistance for Israel, the President shall
ensure that the level of such assistance does not cause an adverse
impact on the total level of nonmilitary exports from the United States
to such country and that Israel enters into a side letter agreement in
an amount proportional to the fiscal year 1999 agreement: Provided
further, That of the funds appropriated under this heading, $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, <<NOTE: Cyprus.>> That not less than $15,000,000 of the funds
appropriated under this heading shall be made available for Cyprus to be
used only for scholarships, administrative support of the scholarship
program, bicommunal projects, and measures aimed at reunification of the
island and designed to reduce tensions and promote peace and cooperation
between the two communities on Cyprus: Provided
further, <<NOTE: Lebanon.>> That not less than $35,000,000 of the funds
appropriated under this heading shall be made available for assistance
for Lebanon to be used, among other programs, for scholarships and
direct support of the American educational institutions in Lebanon:
Provided further, That notwithstanding section 534(a) of this Act, funds
appropriated under this heading that are made available for assistance
for the Central Government of Lebanon shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, <<NOTE: Child abduction.>> 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, <<NOTE: East
Timor.>> 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.
[[Page 115 STAT. 2126]]
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
[[Page 115 STAT. 2127]]
United States Agency for International Development shall provide written
approval for grants and loans prior to the obligation and expenditure of
funds for such purposes, and prior to the use of funds that have been
returned or repaid to any lending facility or grantee.
(e) <<NOTE: Applicability.>> The provisions of section 529 of this
Act shall apply to funds made available under subsection (d) and to
funds appropriated under this heading: Provided, That notwithstanding
any provision of this or any other Act, including provisions in this
subsection regarding the application of section 529 of this Act, local
currencies generated by, or converted from, funds appropriated by this
Act and by previous appropriations Acts and made available for the
economic revitalization program in Bosnia may be used in Eastern Europe
and the Baltic States to carry out the provisions of the Foreign
Assistance Act of 1961 and the Support for East European Democracy
(SEED) Act of 1989.
(f) The President is authorized to withhold funds appropriated under
this heading made available for economic revitalization programs in
Bosnia and Herzegovina, if he determines and certifies to the Committees
on Appropriations that the Federation of Bosnia and Herzegovina has not
complied with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal
of foreign forces, and that intelligence cooperation on training,
investigations, and related activities between 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, <<NOTE: Applicability.>> That the provisions of such chapters
shall apply to funds appropriated by this paragraph: Provided further,
That of the funds made available for the Southern Caucasus region,
notwithstanding any other provision of law, funds may be used for
confidence-building measures and other activities in furtherance of the
peaceful resolution of the regional conflicts, especially those in the
vicinity of Abkhazia and Nagorno-Karabagh: Provided further, That of the
funds appropriated under this heading, not less than $1,500,000 should
be available only to meet the health and other assistance needs of
victims of trafficking in persons: Provided further, That of the funds
appropriated under this heading 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:
[[Page 115 STAT. 2128]]
Provided further, <<NOTE: Deadlines. Reports.>> 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.
[[Page 115 STAT. 2129]]
(2) <<NOTE: 22 USC 5812 note.>> 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) <<NOTE: 22 USC 5812 note.>> The authority of paragraph (2) may
only be exercised through December 31, 2002.
(4) <<NOTE: 22 USC 5812 note.>> 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) <<NOTE: 22 USC 5812 note.>> The Committees on Appropriations
shall be consulted prior to the provision of any assistance made
available pursuant to paragraph (2).
(6) <<NOTE: Deadline. Reports. 22 USC 5812 note.>> 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, <<NOTE: Applicability.>> That this authority applies to
interest earned both prior to and following enactment of this provision:
Provided further, That notwithstanding section 505(a)(2) of the African
Development Foundation Act, in exceptional circumstances the
[[Page 115 STAT. 2130]]
board of directors of the Foundation may waive the $250,000 limitation
contained in that section with respect to a project: Provided
further, <<NOTE: Reports.>> That the Foundation shall provide a report
to the Committees on Appropriations after each time such waiver
authority is exercised.
peace corps
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $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, <<NOTE: Abortion.>> 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
[[Page 115 STAT. 2131]]
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 <<NOTE: 114 Stat. 576.>> 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, <<NOTE: President.>> That the President shall ensure that if
any helicopter procured with funds under this heading is used to aid or
abet the operations of any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately returned to
the United States: Provided further, That 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.
[[Page 115 STAT. 2132]]
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, <<NOTE: Notification. Deadline.>> That the Secretary of State
shall inform the Committees on Appropriations at least 15 days
[[Page 115 STAT. 2133]]
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
[[Page 115 STAT. 2134]]
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, <<NOTE: Notification. Deadline.>> 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.
[[Page 115 STAT. 2135]]
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, <<NOTE: Israel. Egypt.>> 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, <<NOTE: Deadline.>> 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
[[Page 115 STAT. 2136]]
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, <<NOTE: Deadline. Egypt.>> 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, <<NOTE: 114 Stat. 1900A-19.>> is amended by inserting ``or 2002''
after ``2001''.
[[Page 115 STAT. 2137]]
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.
[[Page 115 STAT. 2138]]
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.
[[Page 115 STAT. 2139]]
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. <<NOTE: 22 USC 2151u note.>> (a) None of the funds
appropriated or otherwise made available by this Act for development
assistance may be made available to any United States private and
voluntary organization, except any cooperative development organization,
which obtains less than 20 percent of its total annual funding for
international activities from sources other than the United States
Government: Provided, That the Administrator of the United States Agency
for International Development, after informing the Committees on
Appropriations, may, on a case-by-case basis, waive the restriction
contained in this subsection, after taking into account the
effectiveness of the overseas development activities of the
organization, its level of volunteer support, its financial viability
and stability, and the degree of its dependence for its financial
support on the agency.
(b) Funds appropriated or otherwise made available under title II of
this Act should be made available to private and voluntary organizations
at a level which is at least equivalent to the level provided in fiscal
year 1995.
limitation on residence expenses
Sec. 503. Of the funds appropriated or made available pursuant to
this Act, not to exceed $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'',
[[Page 115 STAT. 2140]]
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
[[Page 115 STAT. 2141]]
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
[[Page 115 STAT. 2142]]
commodity: Provided, <<NOTE: Notification.>> 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. <<NOTE: 22 USC 262h note.>> The Secretary of the Treasury
shall instruct the United States Executive Directors of the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corporation, the
North American Development Bank, the European Bank for Reconstruction
and Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds appropriated or
made available pursuant to this Act, for the production or extraction of
any commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to United
States producers of the same, similar, or competing commodity.
notification requirements
Sec. 515. For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Health Programs
Fund'', ``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Initiative'',
``Assistance for Eastern Europe and the Baltic States'', ``Assistance
for the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Peacekeeping Operations'', ``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,
[[Page 115 STAT. 2143]]
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.
[[Page 115 STAT. 2144]]
Assistance may be furnished without regard to this subsection if the
President determines that to do so is in the national interest.
(b) <<NOTE: 22 USC 5814 note.>> None of the funds appropriated under
the heading ``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for assistance for a government of an
Independent State of the former Soviet Union if that government directs
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided,
That such funds may be made available without regard to the restriction
in this subsection if the President determines that to do so is in the
national security interest of the United States.
(c) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for any state to enhance its military capability: Provided,
That this restriction does not apply to demilitarization, demining or
nonproliferation programs.
(d) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Georgia, and Ukraine shall be subject to 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
[[Page 115 STAT. 2145]]
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: <<NOTE: Reports. Deadline.>> (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
[[Page 115 STAT. 2146]]
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
[[Page 115 STAT. 2147]]
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.
[[Page 115 STAT. 2148]]
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. <<NOTE: President. Federal
Register, publication. Notification.>> The President shall publish each
waiver in the Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations of the
waiver (including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on Appropriations.
debt-for-development
Sec. 528. In order to enhance the continued participation of
nongovernmental organizations in 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. <<NOTE: 22 USC 2362 note.>> (a) Separate Accounts for
Local Currencies.--(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the Administrator
of the United States Agency for International Development shall--
(A) require that local currencies be deposited in a separate
account established by that government;
(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
[[Page 115 STAT. 2149]]
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) <<NOTE: President.>> Notification.--At least 15 days prior to
obligating any such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular notification
procedures of the Committees on Appropriations, which shall include a
detailed description of how the funds proposed to be made available will
be used, with a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be exempt
from the requirements of subsection (b)(1) only through the notification
procedures of the Committees on Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 530. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code, or
while any alternate United States Director to such institution is
compensated by the institution at a rate
[[Page 115 STAT. 2150]]
in excess of the rate provided for an individual occupying a position at
level V of the Executive Schedule under section 5316 of title 5, United
States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
compliance with united nations sanctions against iraq
Sec. 531. <<NOTE: 50 USC 1701 note.>> None of the funds
appropriated or otherwise made available pursuant to this Act to carry
out the Foreign Assistance Act of 1961 (including title IV of chapter 2
of part I, relating to the Overseas Private Investment Corporation) or
the Arms Export Control Act may be used to provide assistance to any
country that is not in compliance with the United Nations Security
Council sanctions against Iraq unless the President determines and so
certifies to the Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 532. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development Foundation
Act. <<NOTE: Reports.>> The agency shall promptly report to the
Committees on Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which assistance is
prohibited.
impact on jobs in the united states
Sec. 533. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States; or
(b) assistance for any 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
[[Page 115 STAT. 2151]]
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.
[[Page 115 STAT. 2152]]
(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
[[Page 115 STAT. 2153]]
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, <<NOTE: President.>> 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, <<NOTE: President. Notification.>> That before using the
authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations under the regular notification
procedures of those committees, including a description of the program
to be assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 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
[[Page 115 STAT. 2154]]
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.
[[Page 115 STAT. 2155]]
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. <<NOTE: Termination date.>> The prohibition under this section with
respect to a foreign government shall terminate 12 months after that
government ceases to provide such military
equipment. <<NOTE: Applicability.>> This section applies with respect to
lethal military equipment provided under a contract entered into after
October 1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of the
United States.
(c) <<NOTE: President. Reports.>> Whenever the waiver 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. <<NOTE: District of Columbia. New
York. Certification. Reports.>> (a) In General.--Of the funds
appropriated under this Act that are made available for a foreign
country under part I of the Foreign Assistance Act of 1961, an amount
equivalent to 110 percent of the total unpaid 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
[[Page 115 STAT. 2156]]
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
[[Page 115 STAT. 2157]]
those who now occupy positions in the Palestinian Authority), have
social contacts, and have incidental discussions.
prohibition of payment of certain expenses
Sec. 550. None of the funds appropriated or otherwise made available
by this Act under the heading ``International Military Education and
Training'' or ``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Child Survival and Health
Programs Fund'', ``Development Assistance'', and ``Economic Support
Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events and amusement parks.
special debt relief for the poorest
Sec. 551. (a) Authority To Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay for
purchases of United States agricultural commodities guaranteed
by the Commodity Credit Corporation under export credit
guarantee programs authorized pursuant to section 5(f ) of the
Commodity Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of 1966, as
amended (Public Law 89-808), or section 202 of the Agricultural
Trade Act of 1978, as amended (Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as ``IDA-
only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
[[Page 115 STAT. 2158]]
(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) <<NOTE: President.>> 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) <<NOTE: Notification.>> 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.
[[Page 115 STAT. 2159]]
(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.
[[Page 115 STAT. 2160]]
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. <<NOTE: Human rights.>> None of the funds made available
by this Act may be provided to any unit of the security forces of a
foreign country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights, unless the
Secretary determines and reports to the Committees on Appropriations
that the government of such country is taking effective measures to
bring the responsible members of the security forces unit to justice:
Provided, That nothing in this section shall be construed to withhold
funds made available by this Act from any unit of the security forces of
a foreign country not credibly alleged to be involved in gross
violations of human rights: Provided
further, <<NOTE: Notification.>> That in the event that funds are
withheld from any unit pursuant to this section, the Secretary of State
shall promptly inform the foreign government of the basis for such
action and shall, to the maximum extent practicable, assist the foreign
government in taking effective 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
[[Page 115 STAT. 2161]]
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) <<NOTE: Deadline. President.>> 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.
[[Page 115 STAT. 2162]]
zimbabwe
Sec. 560. <<NOTE: 22 USC 2151 note.>> The Secretary of the Treasury
shall instruct the United States executive director to each
international financial institution to vote against any extension by the
respective institution of any loans, to the Government of Zimbabwe,
except to meet basic human needs or to promote democracy, unless the
Secretary of State determines and certifies to the Committees on
Appropriations that the rule of law has been restored in Zimbabwe,
including respect for ownership and title to property, freedom of speech
and association.
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. <<NOTE: President.>> 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
[[Page 115 STAT. 2163]]
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. <<NOTE: Deadline.>> (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.
[[Page 115 STAT. 2164]]
(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) <<NOTE: Reports.>> 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) <<NOTE: 110 Stat. 722.>> 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.
[[Page 115 STAT. 2165]]
(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) <<NOTE: Human rights. Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 115 STAT. 2166]]
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, <<NOTE: Deadline.>> 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.
[[Page 115 STAT. 2167]]
west bank and gaza program
Sec. 571. <<NOTE: Certification.>> 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. <<NOTE: Deadline.>> (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
[[Page 115 STAT. 2168]]
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) <<NOTE: Notification.>> 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, <<NOTE: 5 USC 5597 note.>> 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;
[[Page 115 STAT. 2169]]
(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. <<NOTE: Barbara Ann Ford.>> (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) <<NOTE: Public information.>> 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) <<NOTE: President.>> 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. <<NOTE: Certification.>> (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.
[[Page 115 STAT. 2170]]
(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) <<NOTE: Deadline. Reports.>> 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
[[Page 115 STAT. 2171]]
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) <<NOTE: Deadline.>> Not less than 10 days before any vote in an
international financial institution regarding the extension of any new
project involving financial or technical assistance or grants to any
country or entity described in subsection (a), the Secretary of the
Treasury, in consultation with the Secretary of State, shall provide to
the Committees on Appropriations a written justification for the
proposed assistance, including an explanation of the United States
position regarding any such vote, as well as a description of the
location of the proposed assistance by municipality, its purpose, and
its intended beneficiaries.
(d) <<NOTE: Human rights.>> In carrying out this section, the
Secretary of State, the Administrator of the United States Agency for
International Development, and the Secretary of the Treasury shall
consult with representatives of human rights organizations and all
government agencies with relevant information to help prevent 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
[[Page 115 STAT. 2172]]
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) <<NOTE: 114 Stat. 1900A-64.>> 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) <<NOTE: President.>> The determination and certification
referred to in subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the Government of
the Federal Republic of Yugoslavia 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'',
[[Page 115 STAT. 2173]]
$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, <<NOTE: Reports.>> 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) <<NOTE: Deadline. 22 USC 5731 note.>> 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) <<NOTE: Deadline. Jamaica.>> 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.
[[Page 115 STAT. 2174]]
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, <<NOTE: 12 USC 635f note.>> 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 <<NOTE: 110 Stat. 1427.>> 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. <<NOTE: President.>> During fiscal year 2002 funds in this
Act that would otherwise be withheld from obligation or expenditure
under section
[[Page 115 STAT. 2175]]
490 of the Foreign Assistance Act of 1961 may be obligated or expended
provided that:
(1) <<NOTE: Deadline.>> 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;
(ii) demand reduction;
(iii) the activities of criminal
organizations;
(iv) international legal cooperation among
courts, prosecutors, and law enforcement agencies
(including the exchange of information and
evidence);
(v) the extradition of nationals and
individuals involved in drug-related criminal
activity;
[[Page 115 STAT. 2176]]
(vi) the temporary transfer for prosecution of
nationals and individuals involved in drug-related
criminal activity;
(vii) border security;
(viii) money laundering;
(ix) illicit firearms trafficking;
(x) corruption;
(xi) control of precursor chemicals;
(xii) asset forfeiture; and
(xiii) related training and technical
assistance,
and includes, where appropriate, timetables and
objective and measurable standards to assess the
progress made by participating countries with respect to
such issues.
(5) Application.--Section 490(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) <<NOTE: Reports. Deadline.>> 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''.
Approved January 10, 2002.
LEGISLATIVE HISTORY--H.R. 2506:
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HOUSE REPORTS: Nos. 107-142 (Comm. on Appropriations) and 107-345
(Comm. of Conference).
SENATE REPORTS: No. 107-58 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
July 19, 24, considered and passed House.
Oct. 23, 24, considered and passed Senate, amended.
Dec. 19, House agreed to conference report.
Dec. 20, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Jan. 10, Presidential statement.
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