IIB
107TH CONGRESS
1ST SESSION
H. R. 2506
IN THE SENATE OF THE UNITED STATES
JULY 25, 2001
Received; read twice and referred to the Committee on Appropriations
AN ACT
Making appropriations for foreign operations, export financ-
ing, and related programs for the fiscal year ending
September 30, 2002, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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 pur-
poses, namely:
TITLE I—EXPORT AND INVESTMENT
ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is au-
thorized to make such expenditures within the limits of
funds and borrowing authority available to such corpora-
tion, and in accordance with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
tations, 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 cor-
poration: Provided, That none of the funds available dur-
ing the current fiscal year may be used to make expendi-
tures, 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 eligi-
ble to receive economic or military assistance under this
Act that has detonated a nuclear explosive after the date
of the enactment of this Act.
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SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insur-
ance, and tied-aid grants as authorized by section 10 of
the Export-Import Bank Act of 1945, as amended,
$753,323,000 (reduced by $1) (reduced by $15,000,000)
to remain available until September 30, 2005: Provided,
That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That such
sums shall remain available until September 30, 2020 for
the disbursement of direct loans, loan guarantees, insur-
ance 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 appro-
priating funds for foreign operations, export financing, or
related programs for tied-aid credits or grants may be
used for any other purpose except through the regular no-
tification procedures of the Committees on Appropria-
tions: 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 con-
nection with the purchase or lease of any product by any
East European country, any Baltic State or any agency
or national thereof.
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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 
(reduced 
by
$3,000,000): Provided, That necessary expenses (includ-
ing 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 investiga-
tion 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 ex-
penses for the purposes of this heading: Provided further,
That, notwithstanding subsection (b) of section 117 of the
Export Enhancement Act of 1992, subsection (a) thereof
shall remain in effect until October 1, 2002.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is au-
thorized to make, without regard to fiscal year limitations,
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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 trans-
action costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated
with services provided to specific investors or potential in-
vestors pursuant to section 234 of the Foreign Assistance
Act of 1961, shall not be considered administrative ex-
penses 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 Over-
seas Private Investment Corporation noncredit Account
and merged with said account.
FUNDS APPROPRIATED TO THE PRESIDENT
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions
of section 661 of the Foreign Assistance Act of 1961,
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$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, assistance to combat tropical
and other infectious diseases, and related activities, in ad-
dition to funds otherwise available for such purposes,
$1,387,000,000 (increased by $18,000,000) (increased by
$20,000,000), to remain available until expended: Pro-
vided, That this amount shall be made available for such
activities as: (1) immunization programs; (2) oral rehydra-
tion programs; (3) health, nutrition, water and sanitation
programs, and related education programs, which directly
address the needs of mothers and children; (4) assistance
for displaced and orphaned children; (5) programs for the
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ease Programs Fund’’ in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
2001, up to $100,000,000 may be made available for a
United States contribution to a multilateral trust fund to
fight HIV/AIDS, malaria, and tuberculosis: Provided fur-
ther, That none of the funds made available in this Act
nor any unobligated balances from prior appropriations
may be made available to any organization or program
which, as determined by the President of the United
States, supports or participates in the management of a
program of coercive abortion or involuntary sterilization:
Provided further, That none of the funds made available
under this heading may be used to pay for the perform-
ance of abortion as a method of family planning or to mo-
tivate or coerce any person to practice abortions; and that
in order to reduce reliance on abortion in developing na-
tions, 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 fol-
lowing 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
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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 pur-
poses); (2) the project shall not include payment of incen-
tives, bribes, gratuities, or financial reward to: (A) an indi-
vidual in exchange for becoming a family planning accep-
tor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of fam-
ily 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 infor-
mation on the health benefits and risks of the method cho-
sen, 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 contracep-
tive drugs and devices and medical procedures are pro-
vided only in the context of a scientific study in which
participants are advised of potential risks and benefits;
and, not less than 60 days after the date on which the
Administrator of the United States Agency for Inter-
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national Development determines that there has been a
violation of the requirements contained in paragraph (1),
(2), (3), or (5) of this proviso, or a pattern or practice
of violations of the requirements contained in paragraph
(4) of this proviso, the Administrator shall submit to the
Committee on International Relations and the Committee
on Appropriations of the House of Representatives and to
the Committee on Foreign Relations and the Committee
on Appropriations of the Senate, a report containing a de-
scription 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 For-
eign Assistance Act of 1961 no applicant shall be discrimi-
nated against because of such applicant’s religious or con-
scientious commitment to offer only natural family plan-
ning; 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 author-
izing or appropriating funds for foreign operations, export
financing, and related programs, the term ‘‘motivate’’, as
it relates to family planning assistance, shall not be con-
strued 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
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against abortion under section 104 of the Foreign Assist-
ance Act of 1961: Provided further, That of the amount
made available under this heading for HIV/AIDS,
$5,000,000 shall be for assistance to prevent mother-to-
child HIV/AIDS transmission through effective partner-
ships with nongovernmental organizations and research
facilities pursuant to section 104(c)(5) of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2151b(c)(5)).
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,
$1,098,000,000, to remain available until September 30,
2003: Provided, That none of the funds appropriated
under this heading may be made available for any activity
which is in contravention to the Convention on Inter-
national Trade in Endangered Species of Flora and Fauna
(CITES): Provided further, That of the funds appro-
priated under this heading that are made available for as-
sistance programs for displaced and orphaned children
and victims of war, not to exceed $25,000, in addition to
funds otherwise available for such purposes, may be used
to monitor and provide oversight of such programs: Pro-
vided further, That $135,000,000 should be allocated for
children’s basic education.
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INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster re-
lief, rehabilitation, and reconstruction assistance pursuant
to section 491 of the Foreign Assistance Act of 1961, as
amended, $200,000,000 (increased by $1,000,000), to re-
main available until expended.
TRANSITION INITIATIVES
For necessary expenses for international disaster re-
habilitation and reconstruction assistance pursuant to sec-
tion 491 of the Foreign Assistance Act of 1961,
$40,000,000, to remain available until expended, to sup-
port transition to democracy and to long-term develop-
ment of countries in crisis: Provided, That such support
may include assistance to develop, strengthen, or preserve
democratic institutions and processes, revitalize basic in-
frastructure, and foster the peaceful resolution of conflict:
Provided further, That the United States Agency for Inter-
national Development shall submit a report to the Com-
mittees on Appropriations at least 5 days prior to begin-
ning a new program of assistance.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of loan guarantees, up to $12,500,000,
as authorized by sections 108 and 635 of the Foreign As-
sistance Act of 1961: Provided, That such funds shall be
derived by transfer from funds appropriated by this Act
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to carry out part I of the Foreign Assistance Act of 1961,
and under the heading ‘‘Assistance for Eastern Europe
and the Baltic States’’: Provided further, That such funds
shall be made available only for micro and small enterprise
programs and other programs which further the purposes
of part I of the Act: Provided further, That during fiscal
year 2002, commitments to guarantee loans shall not ex-
ceed $177,500,000: Provided further, That such costs shall
be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That the provisions of sec-
tion 107A(d) (relating to general provisions applicable to
the Development Credit Authority) of the Foreign Assist-
ance Act of 1961, as contained in section 306 of H.R.
1486 as reported by the House Committee on Inter-
national Relations on May 9, 1997, shall be applicable to
loan guarantees provided under this heading. In addition,
for administrative expenses to carry out credit programs
administered by the United States Agency for Inter-
national Development, $7,500,000, all of which may be
transferred to and merged with the appropriation for Op-
erating Expenses of the Agency for International Develop-
ment: Provided further, That funds appropriated under
this heading shall remain available until September 30,
2003.
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PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY FUND
For payment to the ‘‘Foreign Service Retirement and
Disability Fund’’, as authorized by the Foreign Service
Act of 1980, $44,880,000.
OPERATING EXPENSES OF THE UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions
of section 667, $549,000,000: Provided, That none of the
funds appropriated under this heading may be made avail-
able to finance the construction (including architect and
engineering services), purchase, or long term lease of of-
fices 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 re-
port 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 (in-
cluding architect and engineering services), purchase, or
long term lease of offices does not exceed $1,000,000.
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OPERATING EXPENSES OF THE UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN-
SPECTOR GENERAL
For necessary expenses to carry out the provisions
of section 667, $30,000,000, to remain available until Sep-
tember 30, 2003, which sum shall be available for the Of-
fice 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 avail-
able until September 30, 2003: Provided, That of the
funds appropriated under this heading, not less than
$720,000,000 shall be available only for Israel, which sum
shall be available on a grant basis as a cash transfer and
shall be disbursed within 30 days of the enactment of this
Act or by October 31, 2001, whichever is later: Provided
further, That not less than $655,000,000 shall be available
only for Egypt, which sum shall be provided on a grant
basis, and of which sum cash transfer assistance shall be
provided with the understanding that Egypt will under-
take significant economic reforms which are additional to
those which were undertaken in previous fiscal years: Pro-
vided further, That in exercising the authority to provide
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cash transfer assistance for Israel, the President shall en-
sure 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 propor-
tional to the fiscal year 1999 agreement: Provided further,
That not less than $35,000,000 of the funds appropriated
under this heading should be made available for Lebanon
to be used, among other programs, for scholarships and
direct support of the American educational institutions in
Lebanon: 
Provided 
further, 
That 
not 
less 
than
$15,000,000 of the funds appropriated under this heading
should be made available for Cyprus to be used only for
scholarships, administrative support of the scholarship
program, bicommunal projects, and measures aimed at re-
unification of the island and designed to reduce tensions
and promote peace and cooperation between the two com-
munities on Cyprus: Provided further, That funds appro-
priated 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
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Committees on Appropriations: Provided further, That in
the previous proviso, the term ‘‘assistance’’ includes non-
lethal, non-food aid such as blankets, medicine, fuel, mo-
bile clinics, water drilling equipment, communications
equipment to notify civilians of aerial bombardment, non-
military vehicles, tents, and shoes.
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 provi-
sions 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 time-
ly payment for projects and activities: Provided further,
That funds made available under this heading shall re-
main 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,
$600,000,000, to remain available until September 30,
2003, which shall be available, notwithstanding any other
provision of law, for assistance and for related programs
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for Eastern Europe and the Baltic States: Provided, That
funds made available for assistance for Kosovo from funds
appropriated under this heading and under the headings
‘‘Economic Support Fund’’ and ‘‘International Narcotics
Control and Law Enforcement’’ should not exceed 15 per-
cent of the total resources pledged by all donors for cal-
endar 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 disburse-
ment 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 Treas-
ury of the United States and without further appropria-
tion 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
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the administrative authorities contained in that Act for
the use of economic assistance.
(d) With regard to funds appropriated under this
heading for the economic revitalization program in Bosnia
and Herzegovina, and local currencies generated by such
funds (including the conversion of funds appropriated
under this heading into currency used by Bosnia and
Herzegovina as local currency and local currency returned
or repaid under such program) the Administrator of the
United States Agency for International Development shall
provide written approval for grants and loans prior to the
obligation and expenditure of funds for such purposes, and
prior to the use of funds that have been returned or repaid
to any lending facility or grantee.
(e) The provisions of section 529 of this Act shall
apply to funds made available under subsection (e) and
to funds appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the appli-
cation of section 529 of this Act, local currencies gen-
erated by, or converted from, funds appropriated by this
Act and by previous appropriations Acts and made avail-
able 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
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1961 and the Support for East European Democracy
(SEED) Act of 1989.
(f) The President is authorized to withhold funds ap-
propriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropria-
tions 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, investiga-
tions, 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 assist-
ance for the Independent States of the former Soviet
Union and for related programs, $768,000,000, to remain
available until September 30, 2003: Provided, That the
provisions of such chapters shall apply to funds appro-
priated by this paragraph: Provided further, That of the
funds made available for the Southern Caucasus region,
notwithstanding any other provision of law, 15 percent
may be used for confidence-building measures and other
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(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee, or
other assistance provided by the Overseas Private
Investment Corporation under title IV of chapter 2
of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2191 et seq.);
(5) any financing provided under the Export-
Import Bank Act of 1945; or
(6) humanitarian assistance.
(f) Not more than 30 percent of the funds appro-
priated under this heading may be made available for as-
sistance for any country in the region. Activities author-
ized under title V (nonproliferation and disarmament pro-
grams and activities) of the FREEDOM Support Act shall
not be counted against the 30 percent limitation.
(g)(1) Of the funds appropriated under this heading
that are allocated for assistance for the Government of
the Russian Federation, 60 percent shall be withheld from
obligation until the President determines and certifies in
writing to the Committees on Appropriations that the Gov-
ernment of the Russian Federation:
(A) has terminated implementation of arrange-
ments to provide Iran with technical expertise, train-
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ing, 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 or
assistance for victims of trafficking in persons; and
(B) activities authorized under title V (Non-
proliferation and Disarmament Programs and Ac-
tivities) of the FREEDOM Support Act.
(h) Of the funds appropriated under this heading, not
less than $45,000,000 should be made available, in addi-
tion to funds otherwise available for such purposes, for
assistance for child survival, environmental and reproduc-
tive health, and to combat infectious diseases, and for re-
lated activities.
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 fis-
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cal year limitations, as provided by 31 U.S.C. 9104(b)(3),
$12,000,000.
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), $16,042,000: Provided, That funds
made available to grantees may be invested pending ex-
penditure for project purposes when authorized by the
President of the Foundation: Provided further, That inter-
est earned shall be used only for the purposes for which
the grant was made: Provided further, That this authority
applies to interest earned both prior to and following en-
actment of this provision: Provided further, That notwith-
standing section 505(a)(2) of the African Development
Foundation Act, in exceptional circumstances the board
of directors of the Foundation may waive the $250,000
limitation contained in that section with respect to a
project: Provided further, That the Foundation shall pro-
vide 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, in-
cluding the purchase of not to exceed five passenger motor
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vehicles for administrative purposes for use outside of the
United States: Provided, That none of the funds appro-
priated under this heading shall be used to pay for abor-
tions: 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 re-
main 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 reg-
ular notification procedures of the Committees on Appro-
priations: 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, with-
out 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 head-
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ing, not more than $16,660,000 may be available for ad-
ministrative 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, $676,000,000 (reduced by $1,000,000), to re-
main available until expended: Provided, That section
3204(b) of Public Law 106–246 is amended by adding a
new subsection (b)(3) as follows: ‘‘(3) FURTHER EXCEP-
TION.—Notwithstanding paragraph (2), the limitation
contained in paragraph (1)(B) my be waived: (i) if the
President certifies to the appropriate committees of the
Congress that the aggregate ceiling of 800 United States
personnel contained in paragraph (1) will not be exceeded
by such waiver; and (ii) if Congress is informed of the
extent to which the limitation under paragraph (1)(B) is
exceeded by such certification.’’: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall
not apply to funds appropriated under this heading for
assistance for Colombia: Provided further, That assistance
provided with funds appropriated under this heading that
is made available notwithstanding section 482(b) of the
Foreign Assistance Act of 1961, as amended, shall be
made available subject to the regular notification proce-
dures of the Committees on Appropriations: Provided fur-
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ther, That of the funds appropriated under this heading,
not more than $14,240,000 may be for administrative ex-
penses: Provided further, That, of the funds appropriated
under this heading, $65,000,000 shall not be available for
obligation until: (1) the Secretary of State submits to the
Congress a full report on the incident of April 20, 2001,
in which Veronica ‘‘Roni’’ Bowers and her 7-month old
daughter, Charity, were needlessly killed when a Peruvian
Air Force jet opened fire on their plane after the crew
of another plane, owned by the Department of Defense
and chartered by the Central Intelligence Agency, mistak-
enly targeted the plane to be potentially smuggling drugs
in the Andean region; and (2) the Secretary of State, Sec-
retary of Defense, and Director of Central Intelligence cer-
tify to the Congress, 30 days before any resumption of
United States involvement in counter-narcotic flights and
a force-down program that continues to permit the ability
of the Peruvian Air Force to shoot down aircraft, that the
force-down program will include enhanced safeguards and
procedures to prevent the occurrence of any incident simi-
lar to the April 20, 2001, incident.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary
to enable the Secretary of State to provide, as authorized
by law, contributions to the International Committee of
the Red Cross, assistance to refugees, including contribu-
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tions to the International Organization for Migration and
the United Nations High Commissioner for Refugees, and
other activities to meet refugee and migration needs; sala-
ries and expenses of personnel and dependents as author-
ized by the Foreign Service Act of 1980; allowances as
authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor
vehicles; and services as authorized by section 3109 of title
5, United States Code, $715,000,000, which shall remain
available until expended: Provided, That of the funds ap-
propriated under this heading, not more than $15,000,000
may be available for administrative expenses: Provided
further, That funds appropriated under this heading may
be made available for a headquarters contribution to the
International Committee of the Red Cross only if the Sec-
retary of State determines (and so reports to the appro-
priate 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.
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. 2601(c)),
$15,000,000, to remain available until expended: Pro-
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vided, 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-ter-
rorism and related programs and activities, $311,000,000,
to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assist-
ance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act, sec-
tion 23 of the Arms Export Control Act or the Foreign
Assistance Act of 1961 for demining activities, the clear-
ance 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 Penin-
sula Energy Development Organization (KEDO), and for
a United States contribution to the Comprehensive Nu-
clear Test Ban Treaty Preparatory Commission: Provided,
That the Secretary of State shall inform the Committees
on Appropriations at least 20 days prior to the obligation
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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 Non-
proliferation and Disarmament Fund, notwithstanding
any other provision of law, to promote bilateral and multi-
lateral activities relating to nonproliferation and disar-
mament: Provided further, That such funds may also be
used for such countries other than the Independent States
of the former Soviet Union and international organiza-
tions when it is in the national security interest of the
United States to do so following consultation with the ap-
propriate committees of Congress: Provided further, That
funds appropriated under this heading may be made avail-
able 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 par-
ticipate in the activities of that Agency.
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 (re-
lating to international affairs technical assistance activi-
ties), $6,000,000, to remain available until expended,
which shall be available notwithstanding any other provi-
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sion of law: Provided, That these funds shall be subject
to the regular notification procedures of the Committees
on Appropriations.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Con-
gressional 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, reduc-
ing, 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 Assist-
ance 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-Im-
port Bank Act of 1945, by countries that are eligible for
debt reduction pursuant to title V of H.R. 3425 as enacted
into law by section 1000(a)(5) of Public Law 106–113,
$224,000,000, to remain available until expended: Pro-
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vided, That of unobligated balances of funds available
under this heading from prior year appropriations Acts,
not less than $25,000,000 may be made available to carry
out the provisions of part V of the Foreign Assistance Act
of 1961: Provided further, That funds appropriated or oth-
erwise 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 ad-
ministered 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 reduc-
tion 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 viola-
tions of internationally recognized human rights or in mili-
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tary 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: Pro-
vided further, That on the basis of final appropriations,
the Secretary of the Treasury shall consult with the Com-
mittees on Appropriations concerning which countries and
international financial institutions are expected to benefit
from a United States contribution to the HIPC Trust
Fund during the fiscal year: Provided further, That the
Secretary of the Treasury shall inform the Committees on
Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make
payments to the HIPC Trust Fund of amounts for such
countries and institutions: Provided further, That the Sec-
retary 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 inter-
national financial institution receiving debt repay-
ment 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
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(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 appro-
priated 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 deter-
mines and notifies the Committees on Appropriations that
a democratically elected government has taken office: Pro-
vided further, That the authority provided by section 572
of Public Law 100–461 may be exercised only with respect
to countries that are eligible to borrow from the Inter-
national Development Association, but not from the Inter-
national Bank for Reconstruction and Development, com-
monly referred to as ‘‘IDA-only’’ countries.
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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,
$65,000,000, of which up to $1,000,000 may remain
available until expended: Provided, That the civilian per-
sonnel 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 con-
trol of the military, or respect for human rights: Provided
further, That funds appropriated under this heading for
grant financed military education and training for Indo-
nesia and Guatemala may only be available for expanded
international military education and training and funds
made available for Indonesia and Guatemala may only be
provided through the regular notification procedures of the
Committees on Appropriations.
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, $3,627,000,000: Provided,
That of the funds appropriated under this heading, not
less than $2,040,000,000 shall be available for grants only
for Israel, and not less than $1,300,000,000 shall be made
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available for grants only for Egypt: Provided further, That
the funds appropriated by this paragraph for Israel shall
be disbursed within 30 days of the enactment of this Act
or by October 31, 2001, whichever is later: Provided fur-
ther, That to the extent that the Government of Israel re-
quests 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 devel-
opment: Provided further, That foreign military financing
program funds estimated to be outlayed for Egypt during
fiscal year 2002 shall be transferred to an interest bearing
account for Egypt in the Federal Reserve Bank of New
York within 30 days of enactment of this Act or by Octo-
ber 31, 2001, whichever is later: Provided further, That
funds appropriated by this paragraph shall be nonrepay-
able 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
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articles, defense services, or design and construction serv-
ices 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 coun-
try and funding level increases in allocations shall be sub-
mitted through the regular notification procedures of sec-
tion 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 re-
lated 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 con-
gressional presentation for security assistance programs
may utilize funds made available under this heading for
procurement of defense articles, defense services or design
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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 pas-
senger motor vehicles for replacement only for use outside
of the United States, for the general costs of admin-
istering military assistance and sales: Provided further,
That not more than $348,000,000 of funds realized pursu-
ant 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 notifi-
cation procedures of the Committees on Appropriations.
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 appro-
priated under this heading shall be obligated or expended
except as provided through the regular notification proce-
dures of the Committees on Appropriations.
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TITLE IV—MULTILATERAL ECONOMIC
ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global En-
vironment Facility, $82,500,000, to the International
Bank for Reconstruction and Development as trustee for
the Global Environment Facility, by the Secretary of the
Treasury, to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
ASSOCIATION
For payment to the International Development Asso-
ciation by the Secretary of the Treasury, $803,400,000,
to remain available until expended: Provided, That in ne-
gotiating United States participation in the next replenish-
ment 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.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT
GUARANTEE AGENCY
For payment to the Multilateral Investment Guar-
antee Agency by the Secretary of the Treasury,
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$10,000,000 (reduced by $10,000,000), for the United
States paid-in share of the increase in capital stock, to
remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Multilateral In-
vestment Guarantee Agency may subscribe without fiscal
year limitation for the callable capital portion of the
United States share of such capital stock in an amount
not to exceed $50,000,000.
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT
CORPORATION
For payment to the Inter-American Investment Cor-
poration, by the Secretary of the Treasury, $10,000,000,
for the United States share of the increase in subscrip-
tions to capital stock, to remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary
of the Treasury to the increase in resources of the Asian
Development Fund, as authorized by the Asian Develop-
ment Bank Act, as amended, $103,017,050 (reduced by
$10,000,000), 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.
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LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Develop-
ment 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 Reconstruc-
tion 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 with-
out 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.
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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 Inter-
national 
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, $196,000,000: Provided, That
none of the funds appropriated under this heading shall
be made available for the United Nations Fund for
Science and Technology: Provided further, That none of
the funds appropriated under this heading may be made
available to the Korean Peninsula Energy Development
Organization (KEDO) or the International Atomic Energy
Agency (IAEA).
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
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available by this Act shall be obligated during the last
month of availability.
PRIVATE AND VOLUNTARY ORGANIZATIONS
SEC. 502. (a) None of the funds appropriated or oth-
erwise made available by this Act for development assist-
ance may be made available to any United States private
and voluntary organization, except any cooperative devel-
opment organization, which obtains less than 20 percent
of its total annual funding for international activities from
sources other than the United States Government: Pro-
vided, That the United States Administrator of the Agen-
cy for International Development, after informing the
Committees on Appropriations, may, on a case-by-case
basis, waive the restriction contained in this paragraph,
after taking into account the effectiveness of the overseas
development activities of the organization, its level of vol-
unteer 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 pri-
vate 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 avail-
able pursuant to this Act, not to exceed $126,500 shall
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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 avail-
able 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 avail-
able 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 avail-
able by this Act for general costs of administering military
assistance and sales under the heading ‘‘Foreign Military
Financing Program’’, not to exceed $2,000 shall be avail-
able for entertainment expenses and not to exceed
$150,000 shall be available for representation allowances:
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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-Amer-
ican 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 entertain-
ment 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 tech-
nology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 507. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
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or expended to finance directly any assistance or repara-
tions to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or
Syria: Provided, That for purposes of this section, the pro-
hibition on obligations or expenditures shall include direct
loans, credits, insurance and guarantees of the Export-Im-
port Bank or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance to any coun-
try whose duly elected head of government is deposed by
decree or military coup: Provided, That assistance may be
resumed if the President determines and reports to the
Committees on Appropriations that subsequent to the ter-
mination of assistance a democratically elected govern-
ment has taken office or substantial progress has been
made towards the holding of democratic elections.
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 For-
eign Assistance Act of 1961 to transfer funds, consults
with and provides a written policy justification to the
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Committees on Appropriations of the House of Represent-
atives 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 pur-
pose under any authority applicable to such appropriations
under this Act: Provided, That the authority of this sub-
section 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 ex-
piration of the current fiscal year unless expressly so pro-
vided 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 Con-
trol Act, and funds provided under the heading ‘‘Assist-
ance for Eastern Europe and the Baltic States’’, shall re-
main available for an additional 4 years from the date on
which the availability of such funds would otherwise have
expired, if such funds are initially obligated before the ex-
piration of their respective periods of availability contained
in this Act: Provided further, That, notwithstanding any
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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 allo-
cated or obligated for cash disbursements in order to ad-
dress balance of payments or economic policy reform ob-
jectives, 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 cal-
endar 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 ex-
pended to finance any loan, any assistance or any other
financial commitments for establishing or expanding pro-
duction of any commodity for export by any country other
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than the United States, if the commodity is likely to be
in surplus on world markets at the time the resulting pro-
ductive capacity is expected to become operative and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Ex-
port-Import Bank if in the judgment of its Board of Direc-
tors 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 com-
modity, 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 intro-
duction, 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 pro-
duced 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
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have a significant impact in the export of agricul-
tural commodities of the United States; or
(2) research activities intended primarily to
benefit American producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall in-
struct the United States Executive Directors of the Inter-
national Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development
Bank, the International Monetary Fund, the Asian Devel-
opment Bank, the Inter-American Investment Corpora-
tion, the North American Development Bank, the Euro-
pean Bank for Reconstruction and Development, the Afri-
can Development Bank, and the African Development
Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds
appropriated or made available pursuant to this Act, for
the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. (a) For the purposes of providing the exec-
utive branch with the necessary administrative flexibility,
none of the funds made available under this Act for ‘‘Child
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Survival and Health Programs Fund’’, ‘‘Development As-
sistance’’, ‘‘International Organizations and Programs’’,
‘‘Trade and Development Agency’’, ‘‘International Nar-
cotics Control and Law Enforcement’’, ‘‘Assistance for
Eastern Europe and the Baltic States’’, ‘‘Assistance for
the Independent States of the Former Soviet Union’’,
‘‘Economic Support Fund’’, ‘‘Peacekeeping Operations’’,
‘‘Operating Expenses of the United States Agency for
International Development’’, ‘‘Operating Expenses of the
Agency for United States International Development Of-
fice of Inspector General’’, ‘‘Nonproliferation, Anti-ter-
rorism, Demining and Related Programs’’, ‘‘Foreign Mili-
tary Financing Program’’, ‘‘International Military Edu-
cation and Training’’, ‘‘Peace Corps’’, and ‘‘Migration and
Refugee Assistance’’, shall be available for obligation for
activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of
the amount justified to the Appropriations Committees for
obligation under any of these specific headings unless the
Committees on Appropriations of both Houses of Congress
are previously notified 15 days in advance: Provided, That
the President shall not enter into any commitment of
funds appropriated for the purposes of section 23 of the
Arms Export Control Act for the provision of major de-
fense equipment, other than conventional ammunition, or
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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 re-
programming 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 provi-
sion of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular noti-
fication 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 pro-
vided 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 cir-
cumstances necessitating such waiver: Provided further,
That any notification provided pursuant to such a waiver
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shall contain an explanation of the emergency cir-
cumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 516. Subject to the regular notification proce-
dures of the Committees on Appropriations, funds appro-
priated under this Act or any previously enacted Act mak-
ing appropriations for foreign operations, export financ-
ing, 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 Assist-
ance 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 assist-
ance 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, re-
spect for commercial contracts, and equitable treat-
ment of foreign private investment; and
(2) if that government applies or transfers
United States assistance to any entity for the pur-
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pose of expropriating or seizing ownership or control
of assets, investments, or ventures.
Assistance may be furnished without regard to this sub-
section if the President determines that to do so is in the
national interest.
(b) None of the funds appropriated under the heading
‘‘Assistance for the Independent States of the Former So-
viet 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: Pro-
vided, That such funds may be made available without re-
gard 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 So-
viet Union’’ shall be made available for any state to en-
hance its military capability: Provided, That this restric-
tion does not apply to demilitarization, demining or non-
proliferation programs.
(d) Funds appropriated under the heading ‘‘Assist-
ance for the Independent States of the Former Soviet
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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 As-
sistance Act of 1961.
(f) Funds appropriated in this or prior appropriations
Acts that are or have been made available for an Enter-
prise Fund in the Independent States of the Former So-
viet 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 con-
tracts, or making grants, with funds appropriated in this
Act or prior appropriations Acts under the heading ‘‘As-
sistance for the Independent States of the Former Soviet
Union’’ and under comparable headings in prior appro-
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priations 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 sig-
nificant weight to contractors and grantees who propose
investing a significant amount of their own resources (in-
cluding 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 abor-
tions 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 Assist-
ance 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.
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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 steri-
lizations: Provided, That none of the funds made available
under this Act may be used to lobby for or against abor-
tion.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 519. Not to exceed 5 percent of any appropria-
tion other than for administrative expenses made available
for fiscal year 2001, for programs under title I of this
Act may be transferred between such appropriations for
use for any of the purposes, programs, and activities for
which the funds in such receiving account may be used,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 25 percent by
any such transfer: Provided, That the exercise of such au-
thority shall be subject to the regular notification proce-
dures 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, Libe-
ria, Sudan, Zimbabwe, Pakistan, or the Democratic Re-
public of Congo except as provided through the regular
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notification procedures of the Committees on Appropria-
tions.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the appropria-
tions Act account level and shall include all appropriations
and authorizations Acts earmarks, ceilings, and limita-
tions 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 pro-
gram level funding within each such account; for the devel-
opment assistance accounts of the Agency for Inter-
national Development ‘‘program, project, and activity’’
shall also be considered to include central program level
funding, either as: (1) justified to the Congress; or (2)
allocated by the executive branch in accordance with a re-
port, 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 DISEASE PREVENTION ACTIVITIES
SEC. 522. Up to $16,000,000 of the funds made
available by this Act for assistance under the heading
‘‘Child Survival and Health Programs Fund’’, may be
used to reimburse United States Government agencies,
agencies of State governments, institutions of higher
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learning, and private and voluntary organizations for the
full cost of individuals (including for the personal services
of such individuals) detailed or assigned to, or contracted
by, as the case may be, the United States Agency for
International Development for the purpose of carrying out
activities under that heading: Provided, That up to
$1,500,000 of the funds made available by this Act for
assistance under the heading ‘‘Development Assistance’’
may be used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying
out other development assistance activities: Provided fur-
ther, 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 preven-
tion, treatment and control of, Acquired Immune Defi-
ciency Syndrome may be made available notwithstanding
any provision of law that restricts assistance to foreign
countries: Provided further, That funds appropriated
under title II of this Act may be made available pursuant
to section 301 of the Foreign Assistance Act of 1961 if
a primary purpose of the assistance is for child survival
and related programs.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN
COUNTRIES
SEC. 523. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
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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 De-
fense 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: Pro-
vided, 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 re-
ceive such excess defense articles: Provided further, That
such Committees shall also be informed of the original ac-
quisition cost of such defense articles.
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AUTHORIZATION REQUIREMENT
SEC. 525. Funds appropriated by this Act, except
funds appropriated under the headings ‘‘Trade and Devel-
opment Agency’’, ‘‘Peace Corps’’, ‘‘International Military
Education and Training’’, and ‘‘Foreign Military Financ-
ing Program’’, may be obligated and expended notwith-
standing section 10 of Public Law 91–672 and section 15
of the State Department Basic Authorities Act of 1956.
DEMOCRACY PROGRAMS
SEC. 526. Funds appropriated by this Act that are
provided to the National Endowment for Democracy may
be provided notwithstanding any other provision of law or
regulation: Provided, That notwithstanding any other pro-
vision of law, of the funds appropriated by this Act to
carry out the provisions of chapter 4 of part II of the For-
eign Assistance Act of 1961, not to exceed $3,000,000
may be made available to nongovernmental organizations
located outside the People’s Republic of China to support
activities which preserve cultural traditions and promote
sustainable development and environmental conservation
in Tibetan communities in that country: Provided further,
That funds made available pursuant to the authority of
this section for programs, projects, and activities for the
People’s Republic of China shall be subject to the regular
notification procedures of the Committees on Appropria-
tions.
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PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES
SEC. 527. (a) Funds appropriated for bilateral assist-
ance under any heading of this Act and funds appro-
priated under any such heading in a provision of law en-
acted prior to the enactment of this Act, shall not be made
available to any country which the President determines—
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of sub-
section (a) to a country if the President determines that
national security or humanitarian reasons justify such
waiver. The President shall publish each waiver in the
Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropria-
tions of the waiver (including the justification for the waiv-
er) in accordance with the regular notification procedures
of the Committees on Appropriations.
DEBT-FOR-DEVELOPMENT
SEC. 528. In order to enhance the continued partici-
pation of nongovernmental organizations in economic as-
sistance activities under the Foreign Assistance Act of
1961, including endowments, debt-for-development and
debt-for-nature exchanges, a nongovernmental organiza-
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tion which is a grantee or contractor of the United States
Agency for International Development may place in inter-
est bearing accounts funds made available under this Act
or prior Acts or local currencies which accrue to that orga-
nization as a result of economic assistance provided under
title II of this Act and any interest earned on such invest-
ment shall be used for the purpose for which the assist-
ance was provided to that organization.
SEPARATE ACCOUNTS
SEC. 529. (a) SEPARATE ACCOUNTS
FOR LOCAL
CURRENCIES.—(1) If assistance is furnished to the gov-
ernment 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 genera-
tion of local currencies of that country, the Administrator
of the United States Agency for International Develop-
ment shall—
(A) require that local currencies be deposited in
a separate account established by that government;
(B) enter into an agreement with that govern-
ment 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, con-
sistent with this section; and
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(C) establish by agreement with that govern-
ment the responsibilities of the United States Agen-
cy for International Development and that govern-
ment to monitor and account for deposits into and
disbursements from the separate account.
(2) USES
OF LOCAL CURRENCIES.—As may be
agreed upon with the foreign government, local currencies
deposited in a separate account pursuant to subsection
(a), or an equivalent amount of local currencies, shall be
used only—
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as—
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The United
States Agency for International Development shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A)
from the separate account established pursuant to sub-
section (a)(1) are used for the purposes agreed upon pur-
suant to subsection (a)(2).
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(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 re-
main in a separate account established pursuant to sub-
section (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 Develop-
ment shall report on an annual basis as part of the jus-
tification documents submitted to the Committees on Ap-
propriations on the use of local currencies for the adminis-
trative 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 chap-
ter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assist-
ance, that country shall be required to maintain such
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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 not-
withstanding 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 Res-
olution 648 (House Report No. 98–1159).
(3) NOTIFICATION.—At least 15 days prior to obli-
gating any such cash transfer or nonproject sector assist-
ance, the President shall submit a notification through the
regular notification procedures of the Committees on Ap-
propriations, 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 pro-
moted 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 Commit-
tees on Appropriations.
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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 institu-
tion 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 institu-
tion at a rate in excess of the rate provided for an indi-
vidual 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 finan-
cial institutions’’ are: the International Bank for Recon-
struction and Development, the Inter-American Develop-
ment Bank, the Asian Development Bank, the Asian De-
velopment Fund, the African Development Bank, the Afri-
can Development Fund, the International Monetary Fund,
the North American Development Bank, and the Euro-
pean Bank for Reconstruction and Development.
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COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 531. None of the funds appropriated or other-
wise 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 In-
vestment 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 Coun-
cil 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 human-
itarian 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 appropria-
tions for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities au-
thorized by or conducted under the Peace Corps Act, the
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Inter-American Foundation Act or the African Develop-
ment Foundation Act. The agency shall promptly report
to the Committees on Appropriations whenever it is con-
ducting 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—
(1) any financial incentive to a business enter-
prise currently located in the United States for the
purpose of inducing such an enterprise to relocate
outside the United States if such incentive or in-
ducement is likely to reduce the number of employ-
ees of such business enterprise in the United States
because United States production is being replaced
by such enterprise outside the United States; or
(2) assistance for any project or activity that
contributes to the violation of internationally recog-
nized workers rights, as defined in section 502(a)(4)
of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in
that country: Provided, That in recognition that the
application of this subsection should be commensu-
rate with the level of development of the recipient
country and sector, the provisions of this subsection
shall not preclude assistance for the informal sector
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in such country, micro and small-scale enterprise,
and smallholder agriculture.
SPECIAL AUTHORITIES
SEC. 534. (a) AFGHANISTAN, LEBANON, MONTE-
NEGRO, 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 Cam-
bodia 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 Coopera-
tion Act of 1985: Provided further, That section 576 of
the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, as amended, shall
not apply to the provision of loans and assistance to the
Federal Republic of Yugoslavia through international fi-
nancial institutions.
(b) TROPICAL FORESTRY AND BIODIVERSITY CON-
SERVATION 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
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biodiversity conservation activities and, subject to the reg-
ular notification procedures of the Committees on Appro-
priations, 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 ap-
propriated by this Act to carry out chapter 1 of part I,
chapter 4 of part II, and section 667 of the Foreign As-
sistance 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 Develop-
ment 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 per-
sonnel are hired and trained: Provided, That not more
than 10 of such contractors shall be assigned to any bu-
reau or office: Provided further, That such funds appro-
priated 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
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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 provi-
sions of section 1003 of Public Law 100–204 if the Presi-
dent determines and certifies in writing to the Speaker
of the House of Representatives and the President pro
tempore of the Senate that it is important to the national
security interests of the United States.
(2) PERIOD
OF APPLICATION
OF WAIVER.—Any
waiver pursuant to paragraph (1) shall be effective for no
more than a period of 6 months at a time and shall not
apply beyond 12 months after the enactment of this Act.
(e) During fiscal year 2002, the President may use
up to $50,000,000 under the authority of section 451 of
the Foreign Assistance Act, notwithstanding the funding
ceiling in section 451(a).
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 imme-
diately and publicly renounce the primary boycott of
Israel and the secondary and tertiary boycott of
American firms that have commercial ties with
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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 trou-
bling 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 re-
scind 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 participa-
tion of any recipient country in the primary
boycott of Israel and the secondary and tertiary
boycotts of American firms that have commer-
cial relations with Israel when determining
whether to sell weapons to said country;
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(C) report to Congress annually on the
specific steps being taken by the United States
and the progress achieved to bring about a pub-
lic renunciation of the Arab primary boycott of
Israel and the secondary and tertiary boycotts
of American firms that have commercial rela-
tions with Israel and to expand the process of
normalizing ties between Arab League countries
and Israel; and
(D) encourage the allies and trading part-
ners of the United States to enact laws prohib-
iting businesses from complying with the boy-
cott 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 administra-
tion of justice in countries in Latin America and the Car-
ibbean and in other regions consistent with the provisions
of section 534(b) of the Foreign Assistance Act of 1961,
except that programs to enhance protection of participants
in judicial cases may be conducted notwithstanding section
660 of that Act. Funds made available pursuant to this
section may be made available notwithstanding section
534(c) and the second and third sentences of section
534(e) of the Foreign Assistance Act of 1961.
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ELIGIBILITY FOR ASSISTANCE
SEC. 537. (a) ASSISTANCE THROUGH NONGOVERN-
MENTAL ORGANIZATIONS.—Restrictions contained in this
or any other Act with respect to assistance for a country
shall not be construed to restrict assistance in support of
programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of
chapters 1, 10, 11, and 12 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961, and from
funds appropriated under the heading ‘‘Assistance for
Eastern Europe and the Baltic States’’: Provided, That
the President shall take into consideration, in any case
in which a restriction on assistance would be applicable
but for this subsection, whether assistance in support of
programs of nongovernmental organizations is in the na-
tional interest of the United States: Provided further, That
before using the authority of this subsection to furnish as-
sistance in support of programs of nongovernmental orga-
nizations, the President shall notify the Committees on
Appropriations under the regular notification procedures
of those committees, including a description of the pro-
gram to be assisted, the assistance to be provided, and
the reasons for furnishing such assistance: Provided fur-
ther, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abor-
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tion or involuntary sterilizations contained in this or any
other Act.
(b) PUBLIC LAW 480.—During fiscal year 2002, re-
strictions contained in this or any other Act with respect
to assistance for a country shall not be construed to re-
strict assistance under the Agricultural Trade Develop-
ment 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 reg-
ular notification procedures of the Committees on Appro-
priations.
(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 sup-
port 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 
violate 
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
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compliance with the earmark is made impossible by oper-
ation of any provision of this or any other Act: Provided,
That any such reprogramming shall be subject to the reg-
ular notification procedures of the Committees on Appro-
priations: Provided further, That assistance that is repro-
grammed pursuant to this subsection shall be made avail-
able under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in sub-
section (a), the original period of availability of funds ap-
propriated by this Act and administered by the United
States Agency for International Development that are ear-
marked 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 re-
ports 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 ear-
marked 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.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 539. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
within the United States not authorized before the date
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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. 540. To the maximum extent possible, assist-
ance provided under this Act should make full use of
American resources, including commodities, products, and
services.
PROHIBITION OF PAYMENTS TO UNITED NATIONS
MEMBERS
SEC. 541. None of the funds appropriated or made
available pursuant to this Act for carrying out the Foreign
Assistance Act of 1961, may be used to pay in whole or
in part any assessments, arrearages, or dues of any mem-
ber 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 an-
other country’s delegation at international conferences
held under the auspices of multilateral or international or-
ganizations.
NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION
SEC. 542. None of the funds appropriated or made
available pursuant to this Act shall be available to a non-
governmental organization which fails to provide upon
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timely request any document, file, or record necessary to
the auditing requirements of the United States Agency for
International Development.
PROHIBITION
ON
ASSISTANCE
TO
FOREIGN
GOVERN-
MENTS
THAT
EXPORT
LETHAL
MILITARY
EQUIP-
MENT TO COUNTRIES SUPPORTING INTERNATIONAL
TERRORISM
SEC. 543. (a) None of the funds appropriated or oth-
erwise made available by this Act may be available to any
foreign government which provides lethal military equip-
ment to a country the government of which the Secretary
of State has determined is a terrorist government for pur-
poses of section 6(j) of the Export Administration Act.
The prohibition under this section with respect to a for-
eign government shall terminate 12 months after that gov-
ernment ceases to provide such military equipment. This
section applies with respect to lethal military equipment
provided under a contract entered into after October 1,
1997.
(b) Assistance restricted by subsection (a) or any
other similar provision of law, may be furnished if the
President determines that furnishing such assistance is
important to the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exer-
cised, the President shall submit to the appropriate con-
gressional committees a report with respect to the fur-
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nishing of such assistance. Any such report shall include
a detailed explanation of the assistance to be provided, in-
cluding 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. 544. (a) IN GENERAL.—Of the funds made
available for a foreign country under part I of the Foreign
Assistance Act of 1961, an amount equivalent to 110 per-
cent of the total unpaid fully adjudicated parking fines
and penalties owed to the District of Columbia by such
country as of the date of the enactment of this Act shall
be withheld from obligation for such country until the Sec-
retary of State certifies and reports in writing to the ap-
propriate congressional committees that such fines and
penalties are fully paid to the government of the District
of Columbia.
(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 Inter-
national Relations and the Committee on Appropriations
of the House of Representatives.
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LIMITATION ON ASSISTANCE FOR THE PLO FOR THE
WEST BANK AND GAZA
SEC. 545. None of the funds appropriated by this Act
may be obligated for assistance for the Palestine Libera-
tion 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 sus-
pend or make inapplicable section 307 of the Foreign As-
sistance Act of 1961 and that suspension is still in effect:
Provided, That if the President fails to make the certifi-
cation under section 604(b)(2) of the Middle East Peace
Facilitation Act of 1995 or to suspend the prohibition
under other legislation, funds appropriated by this Act
may not be obligated for assistance for the Palestine Lib-
eration Organization for the West Bank and Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 546. If the President determines that doing so
will contribute to a just resolution of charges regarding
genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to sec-
tion 552(c) of the Foreign Assistance Act of 1961, as
amended, of up to $30,000,000 of commodities and serv-
ices for the United Nations War Crimes Tribunal estab-
lished with regard to the former Yugoslavia by the United
Nations Security Council or such other tribunals or com-
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missions as the Council may establish to deal with such
violations, without regard to the ceiling limitation con-
tained in paragraph (2) thereof: Provided, That the deter-
mination required under this section shall be in lieu of
any determinations otherwise required under section
552(c): Provided further, That the drawdown made under
this section for any tribunal shall not be construed as an
endorsement or precedent for the establishment of any
standing or permanent international criminal tribunal or
court: Provided further, That funds made available for tri-
bunals other than Yugoslavia or Rwanda shall be made
available subject to the regular notification procedures of
the Committees on Appropriations.
LANDMINES
SEC. 547. Notwithstanding any other provision of
law, demining equipment available to the United States
Agency for International Development and the Depart-
ment 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.
RESTRICTIONS CONCERNING THE PALESTINIAN
AUTHORITY
SEC. 548. None of the funds appropriated by this Act
may be obligated or expended to create in any part of Je-
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rusalem 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 Pal-
estinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-
PLO Declaration of Principles: Provided, That this re-
striction shall not apply to the acquisition of additional
space for the existing Consulate General in Jerusalem:
Provided further, That meetings between officers and em-
ployees of the United States and officials of the Pales-
tinian Authority, or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of Prin-
ciples, for the purpose of conducting official United States
Government business with such authority should continue
to take place in locations other than Jerusalem. As has
been true in the past, officers and employees of the United
States Government may continue to meet in Jerusalem on
other subjects with Palestinians (including those who now
occupy positions in the Palestinian Authority), have social
contacts, and have incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 549. None of the funds appropriated or other-
wise made available by this Act under the heading ‘‘Inter-
national Military Education and Training’’ or ‘‘Foreign
Military Financing Program’’ for Informational Program
activities or under the headings ‘‘Child Survival and
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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, includ-
ing entrance fees at sporting events and amusement
parks.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 550. (a) AUTHORITY TO REDUCE DEBT.—The
President may reduce amounts owed to the United States
(or any agency of the United States) by an eligible country
as a result of—
(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 Com-
modity 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–
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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 offi-
cial debt relief and referendum agreements, com-
monly 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 sub-
section (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;
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(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security
forces) does not engage in a consistent pattern of
gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) AVAILABILITY OF FUNDS.—The authority pro-
vided 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 re-
duction 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 sec-
tion 620(r) of the Foreign Assistance Act of 1961 or sec-
tion 321 of the International Development and Food As-
sistance Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 551. (a) LOANS ELIGIBLE FOR SALE, REDUC-
TION, OR CANCELLATION.—
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL
CERTAIN LOANS.—Notwithstanding any other provi-
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sion 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 Assist-
ance 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, re-
duce or cancel such loan or portion thereof, only for
the purpose of facilitating—
(A) debt-for-equity swaps, debt-for-develop-
ment 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 develop-
ment, and child survival and other child devel-
opment, in a manner consistent with sections
707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation
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would not contravene any term or condition of
any prior agreement relating to such loan.
(2) TERMS AND CONDITIONS.—Notwithstanding
any other provision of law, the President shall, in ac-
cordance with this section, establish the terms and
conditions under which loans may be sold, reduced,
or canceled pursuant to this section.
(3) ADMINISTRATION.—The Facility, as defined
in section 702(8) of the Foreign Assistance Act of
1961, shall notify the administrator of the agency
primarily responsible for administering part I of the
Foreign Assistance Act of 1961 of purchasers that
the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduc-
tion, or cancellation of a loan pursuant to this sec-
tion. Such agency shall make an adjustment in its
accounts to reflect the sale, reduction, or cancella-
tion.
(4) LIMITATION.—The authorities of this sub-
section shall be available only to the extent that ap-
propriations for the cost of the modification, as de-
fined 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,
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or canceled pursuant to this section shall be deposited in
the United States Government account or accounts estab-
lished 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 pro-
vided 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. 552. (a) PROHIBITION ON VOLUNTARY CON-
TRIBUTIONS 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 Develop-
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ment Program) if the United Nations implements or im-
poses 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 Presi-
dent 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. 553. The Government of Haiti shall be eligible
to purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.), for the Coast
Guard: Provided, That the authority provided by this sec-
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tion shall be subject to the regular notification procedures
of the Committees on Appropriations.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN
AUTHORITY
SEC. 554. (a) PROHIBITION OF FUNDS.—None of the
funds appropriated by this Act to carry out the provisions
of chapter 4 of part II of the Foreign Assistance Act of
1961 may be obligated or expended with respect to pro-
viding funds to the Palestinian Authority.
(b) WAIVER.—The prohibition included in subsection
(a) shall not apply if the President certifies in writing to
the Speaker of the House of Representatives and the
President pro tempore of the Senate that waiving such
prohibition is important to the national security interests
of the United States.
(c) PERIOD
OF APPLICATION
OF WAIVER.—Any
waiver pursuant to subsection (b) shall be effective for no
more than a period of 6 months at a time and shall not
apply beyond 12 months after the enactment of this Act.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 555. None of the funds made available by this
Act may be provided to any unit of the security forces
of a foreign country if the Secretary of State has credible
evidence that such unit has committed gross violations of
human rights, unless the Secretary determines and reports
to the Committees on Appropriations that the government
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of such country is taking effective measures to bring the
responsible members of the security forces unit to justice:
Provided, That nothing in this section shall be construed
to withhold funds made available by this Act from any
unit of the security forces of a foreign country not credibly
alleged to be involved in gross violations of human rights:
Provided further, That in the event that funds are withheld
from any unit pursuant to this section, the Secretary of
State shall promptly inform the foreign government of the
basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effec-
tive measures to bring the responsible members of the se-
curity forces to justice.
DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS
IN THE RUSSIAN FEDERATION
SEC. 556. None of the funds appropriated under this
Act may be made available for the Government of the Rus-
sian Federation, after 180 days from the date of the en-
actment 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 imple-
mented 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
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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. 557. Of the funds appropriated in titles II and
III of this Act under the headings ‘‘Economic Support
Fund’’, ‘‘Foreign Military Financing Program’’, ‘‘Inter-
national Military Education and Training’’, ‘‘Peace-
keeping Operations’’, for refugees resettling in Israel
under the heading ‘‘Migration and Refugee Assistance’’,
and for assistance for Israel to carry out provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961
under the heading ‘‘Nonproliferation, Anti-Terrorism,
Demining and Related Programs’’, not more than a total
of $5,141,150,000 may be made available for Israel,
Egypt, Jordan, Lebanon, the West Bank and Gaza, the
Israel-Lebanon Monitoring Group, the Multinational
Force and Observers, the Middle East Regional Democ-
racy 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
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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 Com-
mittees on Appropriations.
ENTERPRISE FUND RESTRICTIONS
SEC. 558. Prior to the distribution of any assets re-
sulting 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 ac-
cordance with the regular notification procedures of the
Committees on Appropriations, a plan for the distribution
of the assets of the Enterprise Fund.
CAMBODIA
SEC. 559. (a) The Secretary of the Treasury should
instruct the United States executive directors of the inter-
national financial institutions to use the voice and vote
of the United States to oppose loans to the Central Gov-
ernment of Cambodia, except loans to support basic
human needs.
(b) None of the funds appropriated by this Act may
be made available for assistance (except for assistance for
basic education) for the Central Government of Cambodia.
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FOREIGN MILITARY TRAINING REPORT
SEC. 560. (a) The Secretary of Defense and the Sec-
retary 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 exclud-
ing training provided to the military personnel of countries
belonging to the North Atlantic Treaty Organization)
under programs administered by the Department of De-
fense 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 pur-
pose for the training activity, the cost of the training activ-
ity, 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 activ-
ity. 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
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Appropriations and International Relations Committees of
the House of Representatives.
KOREAN PENINSULA ENERGY DEVELOPMENT
ORGANIZATION
SEC. 561. (a) Of the funds made available under the
heading ‘‘Nonproliferation, Anti-terrorism, Demining and
Related Programs’’, not to exceed $95,000,000 may be
made available for the Korean Peninsula Energy Develop-
ment 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 provi-
sions of the Agreed Framework; and
(3) the United States is continuing to make sig-
nificant progress on eliminating the North Korean
ballistic missile threat, including further missile tests
and its ballistic missile exports.
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(c) The President may waive the certification require-
ments 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 ap-
propriate congressional committees. No funds may be obli-
gated for KEDO until 15 days after submission to Con-
gress of such waiver.
(d) The Secretary of State shall, at the time of the
annual presentation for appropriations, submit a report
providing a full and detailed accounting of the fiscal year
2003 request for the United States contribution to KEDO,
the expected operating budget of KEDO, proposed annual
costs associated with heavy fuel oil purchases, including
unpaid debt, and the amount of funds pledged by other
donor nations and organizations to support KEDO activi-
ties on a per country basis, and other related activities.
(e) The final proviso under the heading ‘‘Inter-
national Organizations and Programs’’ in the Foreign Op-
erations, Export Financing, and Related Programs Appro-
priations Act, 1996 (Public Law 104–107) is repealed.
PLO COMPLIANCE REPORT
SEC. 562. (a) REPORTING
REQUIREMENT.—The
President shall, at the time specified in subsection (b),
submit a report to the Congress assessing the steps that
the Palestine Liberation Organization (PLO), or the Pal-
estinian Authority, as appropriate, has taken to comply
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with its 1993 commitments to renounce the use of ter-
rorism and all other acts of violence and to assume respon-
sibility over all PLO or Palestinian Authority elements
and personnel in order to assure their compliance, prevent
violations, and discipline violators, including the arrest
and prosecution of individuals involved in acts of terror
and violence. The President shall determine, based on such
assessment, whether the PLO or the Palestinian Author-
ity, as appropriate, has substantially complied with such
commitments. If the President determines based on the
assessment that such compliance has not occurred, then
the President shall, for a period of time of not less than
6 months, impose one or more of the following sanctions:
(1) Notwithstanding any other provision of law,
the President shall withdraw or terminate any waiv-
er 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 infor-
mation office in the United States), and such section
shall apply so as to prohibit the operation of a PLO
or Palestinian Authority office in the United States
from carrying out any function other than those
functions carried out by the Palestinian information
office in existence prior to the Oslo Accords.
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(2) The President shall designate the PLO, or
one or more of its constituent groups (including
Fatah and Tanzim) or groups operating as arms of
the Palestinian Authority (including Force 17) as a
foreign terrorist organization, in accordance with
section 219(a) of the Immigration and Nationality
Act.
(3) United States assistance (except humani-
tarian assistance) shall not be provided for the West
Bank and Gaza Program.
(b) SUBMISSION OF REPORT.—The report required
under subsection (a) shall be transmitted not later than
60 days after the date of enactment of this Act and shall
cover the period commencing June 13, 2001.
(c) UPDATE OF REPORT.—The President shall up-
date the report submitted pursuant to subsection (a) as
part of the next report required under the PLO Commit-
ments 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.
100
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PROHIBITION ON ASSISTANCE TO THE PALESTINIAN
BROADCASTING CORPORATION
SEC. 563. None of the funds appropriated or other-
wise 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. 564. Notwithstanding any other provision of
law, funds appropriated under the heading ‘‘Economic
Support Fund’’ may be made available for programs bene-
fiting the Iraqi people and to support efforts to bring
about political transition in Iraq.
WEST BANK AND GAZA PROGRAM
SEC. 565. For fiscal year 2002, 30 days prior to the
initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the
appropriate committees of Congress that procedures have
been established to assure the Comptroller General of the
United States will have access to appropriate United
States financial information in order to review the uses
of United States assistance for the Program funded under
the heading ‘‘Economic Support Fund’’ for the West Bank
and Gaza.
101
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INDONESIA
SEC. 566. (a) Funds appropriated by this Act under
the headings ‘‘International Military Education and
Training’’ and ‘‘Foreign Military Financing Program’’
may be made available for Indonesian Ministry of Defense
or military personnel if the President determines and sub-
mits 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;
(2) taking effective measures to bring to justice
members of the armed forces against whom there is
credible evidence of aiding or abetting militia
groups;
(3) allowing displaced persons and refugees to
return home to East Timor, including providing safe
passage for refugees returning from West Timor;
(4) not impeding the activities of the United
Nations Transitional Authority in East Timor;
(5) demonstrating a commitment to preventing
incursions into East Timor by members of militia
groups in West Timor; and
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(6) demonstrating a commitment to account-
ability by cooperating with investigations and pros-
ecutions of members of the Indonesian Armed
Forces and militia groups responsible for human
rights violations in Indonesia and East Timor.
MAN AND THE BIOSPHERE
SEC. 567. None of the funds appropriated or other-
wise made available by this Act may be provided for the
United Nations Man and the Biosphere Program.
TAIWAN REPORTING REQUIREMENT
SEC. 568. Not less than 30 days prior to the next
round of arms talks between the United States and Tai-
wan, the President shall consult, on a classified basis, with
appropriate Congressional leaders and committee chair-
men and ranking members regarding the following mat-
ters:
(1) Taiwan’s requests for purchase of defense
articles and defense services during the pending
round of arms talks;
(2) the Administration’s assessment of the le-
gitimate defense needs of Taiwan, in light of Tai-
wan’s requests; and
(3) the decision-making process used by the Ex-
ecutive branch to consider those requests.
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RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS
DESTABILIZING SIERRA LEONE
SEC. 569. (a) None of the funds appropriated by this
Act may be made available for assistance for the govern-
ment of any country that the Secretary of State deter-
mines there is credible evidence that such government has
provided lethal or non-lethal military support or equip-
ment, directly or through intermediaries, within the pre-
vious 6 months to the Sierra Leone Revolutionary United
Front (RUF), or any other group intent on destabilizing
the democratically elected government of the Republic of
Sierra Leone.
(b) None of the funds appropriated by this Act may
be made available for assistance for the government of any
country that the Secretary of State determines there is
credible evidence that such government has aided or abet-
ted, within the previous 6 months, in the illicit distribu-
tion, transportation, or sale of diamonds mined in Sierra
Leone.
(c) Whenever the prohibition on assistance required
under subsection (a) or (b) is exercised, the Secretary of
State shall notify the Committees on Appropriations in a
timely manner.
VOLUNTARY SEPARATION INCENTIVES
SEC. 570. Section 579(c)(2)(D) of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
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(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.
(d) REPORT TO THE CONGRESS AND WITHHOLDING
OF FUNDS.—
(1) Not later than February 15, 2002, the Sec-
retary of State shall submit a report to the appro-
priate congressional committees indicating the
amount of funds that the United Nations Population
Fund is budgeting for the year in which the report
is submitted for a country program in the People’s
Republic of China.
(2) If a report under subparagraph (A) indi-
cates that the United Nations Population Fund
plans to spend funds for a country program in the
People’s Republic of China in the year covered by
the report, then the amount of such funds that the
UNFPA plans to spend in the People’s Republic of
China shall be deducted from the funds made avail-
able to the UNFPA after March 1 for obligation for
the remainder of the fiscal year in which the report
is submitted.
AMERICAN CHURCHWOMEN IN EL SALVADOR
SEC. 572. (a) Information relevant to the December
2, 1980, murders of four American churchwomen in El
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Salvador shall be made public to the fullest extent pos-
sible.
(b) The Secretary of State and the Department of
State are to be commended for fully releasing information
regarding the murders.
(c) The President shall order all Federal agencies and
departments that process relevant information to make
every effort to declassify and release to the victims’ fami-
lies relevant information as expeditiously as possible.
(d) In making determinations concerning the declas-
sification and release of relevant information, the Federal
agencies and departments shall presume in favor of releas-
ing, rather than of withholding, such information.
PROCUREMENT AND FINANCIAL MANAGEMENT REFORM
SEC. 573. (a) FUNDING CONDITIONS.—Of the funds
made available under the heading ‘‘International Financial
Institutions’’ in this Act, 10 percent of the United States
portion or payment to such International Financial Insti-
tution shall be withheld by the Secretary of the Treasury,
until the Secretary certifies to the Committees on Appro-
priations that, to the extent pertinent to its lending pro-
grams, the institution is—
(1) implementing procedures for conducting an-
nual audits by qualified independent auditors for all
new investment lending;
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(2) implementing procedures for annual inde-
pendent 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 cor-
ruption prior to initiating new investment lending;
and
(5) taking steps to fund and implement pro-
grams and policies to improve transparency and
anti-corruption programs and procurement and fi-
nancial management controls in recipient countries.
(b) REPORT.—The Secretary of the Treasury shall
report on March 1, 2002 to the Committees on Appropria-
tions on progress made by each International Financial
Institution, and, to the extent pertinent to its lending pro-
grams, the International Monetary Fund, to fulfill the ob-
jectives identified in subsection (a) and on progress of the
International Monetary Fund to implement procedures for
annual independent external audits of central bank finan-
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cial statements for countries making use of Fund re-
sources under all new arrangements with the Fund.
(c) DEFINITIONS.—The term ‘‘International Finan-
cial Institutions’’ means the International Bank for Re-
construction and Development, the International Develop-
ment Association, the International Finance Corporation,
the Inter-American Development Bank, the Inter-Amer-
ican Investment Corporation, the Enterprise for the Amer-
icas Multilateral Investment Fund, the Asian Development
Bank, the Asian Development Fund, the African Develop-
ment Bank, the African Development Fund, the European
Bank for Reconstruction and Development, and the Inter-
national Monetary Fund.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 574. Notwithstanding any other provision of
law, and subject to the regular notification procedures of
the Committees on Appropriations, the authority of sec-
tion 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 in-
cluding Major Defense Equipment (other than helicopters
and other types of aircraft having possible civilian applica-
tion), if the President determines that there are compel-
ling foreign policy or national security reasons for those
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defense articles being provided by commercial lease rather
than by government-to-government sale under such Act.
WAR CRIMINALS
SEC. 575. (a) None of the funds appropriated or oth-
erwise made available pursuant to this Act may be made
available for assistance, with the exception of humani-
tarian assistance and assistance for democratization, to
any country, entity or municipality whose competent au-
thorities have failed, as determined by the Secretary of
State, to take necessary and significant steps to imple-
ment 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.
(b) The provisions of subsection (a) shall apply unless
the Secretary of State determines and reports to the ap-
propriate committees of the Congress that the competent
authorities of such country, entity, or municipality are—
(1) cooperating with the Tribunal, including ac-
cess for investigators, the provision of documents,
and the surrender and transfer of publicly indicted
indictees or assistance in their apprehension; and
(2) taking steps that are consistent with the
Dayton Accords.
(c) The Secretary of State may waive the application
of subsection (a) with respect to a country, entity, or mu-
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nicipality upon a written determination to the Committees
on Appropriations of the House of Representatives and the
Senate that provision of assistance that would otherwise
be prohibited by that subsection is in the national interest
of the United States.
USER FEES
SEC. 576. The Secretary of the Treasury shall in-
struct the United States Executive Director at each inter-
national financial institution (as defined in section
1701(c)(2) of the International Financial Institutions Act)
and the International Monetary Fund to oppose any loan
of these institutions that would require user fees or service
charges on poor people for primary education or primary
healthcare, including prevention and treatment efforts for
HIV/AIDS, malaria, tuberculosis, and infant, child, and
maternal well-being, in connection with the institutions’
lending programs.
BASIC EDUCATION ASSISTANCE FOR PAKISTAN
SEC. 577. Funds appropriated by this Act to carry
out the provisions of chapter 4 of part II of the Foreign
Assistance Act of 1961 may be made available for assist-
ance for basic education programs for Pakistan, notwith-
standing any provision of law that restricts assistance to
foreign countries.
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HEAVILY INDEBTED POOR COUNTRIES TRUST FUND
AUTHORIZATION
SEC. 578. Section 801(b)(1) of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 2001 (Public Law 106–429) is amended by
striking ‘‘$435,000,000’’ and inserting ‘‘$600,000,000’’.
FUNDING FOR SERBIA
SEC. 579. (a) Funds appropriated by this Act may
be made available for assistance for Serbia after March
31, 2002, if the President has made the determination and
certification contained in subsection (c).
(b) After March 31, 2002, the Secretary of the Treas-
ury should instruct the United States executive directors
to international financial institutions to support loans and
assistance to the Government of the Federal Republic of
Yugoslavia subject to the conditions in subsection (c).
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of the Federal Republic of Yugoslavia is—
(1) cooperating with the International Criminal
Tribunal for Yugoslavia including access for inves-
tigators, the provision of documents, and the sur-
render and transfer of indictees or assistance in
their apprehension;
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(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 re-
flect a respect for minority rights and the rule of
law.
(d) Subsections (b) and (c) shall not apply to Monte-
negro, Kosovo, humanitarian assistance or assistance to
promote democracy in municipalities.
IMPROVING GLOBAL HEALTH THROUGH SAFE INJECTIONS
SEC. 580. (a) In carrying out immunization programs
and other programs for the prevention, treatment, and
control of infectious diseases, including tuberculosis, HIV
and AIDS, polio, and malaria, the Administrator of the
United States Agency for International Development, in
coordination with the Centers for Disease Control and
Prevention, the National Institutes of Health, national
and local governments, and other organizations, such as
the World Health Organization and the United Nations
Children’s Fund, shall develop and implement effective
strategies to improve injection safety, including elimi-
nating unnecessary injections, promoting the availability
and use of single-use auto-disable needles and syringes
and other safe injection technologies, strengthening the
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procedures for proper needle and syringe disposal, and im-
proving the education and information provided to the
public and to health professionals.
(b) Not later than March 31, 2002, the Adminis-
trator of the United States Agency for International De-
velopment shall transmit to the Congress a report on the
implementation of subsection (a).
EL SALVADOR RECONSTRUCTION
SEC. 581. During fiscal year 2002, not less than
$100,000,000 shall be made available for rehabilitation
and reconstruction assistance for El Salvador: Provided,
That such funds shall be derived as follows: (1) from funds
appropriated by this Act, not less than $65,000,000, of
which not less than $25,000,000 shall be from funds ap-
propriated under the heading ‘‘Economic Support Fund’’,
not to exceed $25,000,000 shall be from funds appro-
priated under the heading ‘‘International Disaster Assist-
ance’’, and not to exceed a total of $15,000,000 shall be
from funds appropriated under the headings ‘‘Child Sur-
vival and Health Programs Fund’’ and ‘‘Development As-
sistance’’; and (2) from funds appropriated under such
headings for foreign operations, export financing, and re-
lated programs for fiscal year 1999 and prior years, not
less than $35,000,000: Provided further, That none of the
funds made available under this section may be obligated
for nonproject assistance: Provided further, That prior to
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any obligation of funds made available under this section,
the Administrator of the United States Agency for Inter-
national Development (USAID) shall provide the Commit-
tees on Appropriations with a detailed report containing
the amount of the proposed obligation and a description
of the programs and projects, on a sector-by-sector basis,
to be funded with such amount: Provided further, That
of the funds made available under this heading, up to
$2,500,000 may be used for administrative expenses, in-
cluding auditing costs, of USAID.
PROHIBITION ON UNITED STATES CONTRIBUTION TO THE
UNITED NATIONS INTERNATIONAL NARCOTICS CON-
TROL BOARD
SEC. 582. None of the funds appropriated by this Act
may be used for a United States contribution to the
United Nations International Narcotics Control Board.
SEC. 583. None of the funds made available by this
Act may be used to award a contract to a person or entity
whose bid or proposal reflects that the person or entity
has violated the Act of March 3, 1933 (41 U.S.C. 10a–
10c, popularly known as the ‘‘Buy American Act’’).
FUNDING FOR TRAFFICKING VICTIMS PROTECTION ACT
OF 2000
SEC. 584. Of the amounts made available in this Act
under the items ‘‘DEVELOPMENT
ASSISTANCE’’, ‘‘ECO-
NOMIC SUPPORT FUND’’, ‘‘ASSISTANCE FOR EASTERN EU-
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ROPE AND THE BALTIC STATES’’, ‘‘ASSISTANCE FOR THE
INDEPENDENT STATES OF THE FORMER SOVIET UNION’’,
‘‘INTERNATIONAL
NARCOTICS
CONTROL
AND
LAW
EN-
FORCEMENT’’, and ‘‘MIGRATION AND REFUGEE ASSIST-
ANCE’’—
(1) $10,000,000 shall be made available for
prevention of trafficking in persons, as authorized by
section 106 of the Trafficking Victims Protection
Act of 2000 (division A of Public Law 106–386);
(2) $10,000,000 shall be made available for the
protection and assistance for victims of trafficking of
persons, as authorized by section 107(a) of such Act;
and
(3) $10,000,000 shall be made available to as-
sist foreign countries to meet minimum standards
for the elimination of trafficking, as authorized by
section 134 of the Foreign Assistance Act of 1961.
This Act may be cited as the ‘‘Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 2002’’.
Passed the House of Representatives July 24, 2001.
Attest:
JEFF TRANDAHL,
Clerk.