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‘‘(b) IDENTIFICATION OF PROJECTS.—
‘‘(1) ESTIMATED NUMBER.—Not later than De-
cember 1, 2001, the Foundation, after obtaining the
guidance of the heads of appropriate Federal agencies,
such as the Director of the Office of Homeland Secu-
rity and the Attorney General, shall—
‘‘(A) make an estimate of the number of vic-
tims killed as a result of the terrorist attacks on
September 11, 2001 (referred to in this section as
the ‘estimated number’); and
‘‘(B) compile a list that specifies, for each
individual that the Foundation determines to be
such a victim, the name of the victim and the
State in which the victim resided.
‘‘(2) IDENTIFIED
PROJECTS.—The Foundation
shall identify approximately the estimated number of
community-based national and community service
projects that meet the requirements of subsection (d).
The Foundation shall name each identified project in
honor of a victim described in subsection (b)(1)(A),
after obtaining the permission of an appropriate
member of the victim’s family and the entity carrying
out the project.
(c) ELIGIBLE ENTITIES.—To be eligible to have a
project named under this section, the entity carrying out
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the project shall be a political subdivision of a State, a busi-
ness, or a nonprofit organization (which may be a religious
organization, such as a Christian, Jewish, or Muslim orga-
nization).
‘‘(d) PROJECTS.—The Foundation shall name, under
this section, projects—
‘‘(1) that advance the goals of unity, and im-
proving the quality of life in communities; and
‘‘(2) that will be planned, or for which imple-
mentation will begin, within a reasonable period after
the date of enactment of this section, as determined by
the Foundation.
‘‘(e) WEBSITE AND DATABASE.—The Foundation shall
create and maintain websites and databases, to describe
projects named under this section and serve as appropriate
vehicles for recognizing the projects.’’.
WAIVER OF RESTRICTION ON ASSISTANCE TO AZERBAIJAN
SEC. 599. (a) Section 907 of the FREEDOM Support
Act shall not apply to—
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act and sec-
tion 1424 of Public Law 104–201 or nonproliferation
assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
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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 In-
vestment 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.
(b) The President may waive section 907 of the FREE-
DOM Support Act if he determines and certifies to the Com-
mittees on Appropriations that to do so—
(1) is necessary to support United States efforts
to counter terrorism; or
(2) is necessary to support the operational readi-
ness of United States Armed Forces or coalition part-
ners to counter terrorism; or
(3) is important to Azerbaijan’s border security;
and
(4) will not undermine or hamper ongoing ef-
forts to negotiate a peaceful settlement between Arme-
nia and Azerbaijan or be used for offensive purposes
against Armenia.
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(c) The authority of subsection (b) may only be exer-
cised through December 31, 2002.
(d) The President may extend the waiver authority
provided in subsection (b) on an annual basis on or after
December 31, 2002 if he determines and certifies to the
Committees on Appropriations in accordance with the pro-
visions of subsection (b).
(e) The Committees on Appropriations shall be con-
sulted prior to the provision of any assistance made avail-
able pursuant to subsection (b).
(f) Within 60 days of any exercise of the authority
under subsection (b) the President shall send a report to
the appropriate congressional committees specifying in de-
tail the following—
(1) the nature and quantity of all training and
assistance provided to the Government of Azerbaijan
pursuant to subsection (b);
(2) the status of the military balance between
Azerbaijan and Armenia and the impact of United
States assistance on that balance; and
(3) the status of negotiations for a peaceful set-
tlement between Armenia and Azerbaijan and the im-
pact of United States assistance on those negotiations.
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FEDERAL INVESTIGATION ENHANCEMENT ACT OF 2001
SEC. 599A. (a) SHORT TITLE.—This section may be
cited as the ‘‘Federal Investigation Enhancement Act of
2001’’.
(b) UNDERCOVER INVESTIGATIVE PRACTICES CON-
DUCTED BY FEDERAL ATTORNEYS.—Section 530B(a) of
title 28, United States Code, is amended by inserting after
the first sentence, ‘‘Notwithstanding any provision of State
law, including disciplinary rules, statutes, regulations, con-
stitutional provisions, or case law, a Government attorney
may, for the purpose of enforcing Federal law, provide legal
advice, authorization, concurrence, direction, or supervision
on conducting undercover activities, and any attorney em-
ployed as an investigator or other law enforcement agent
by the Department of Justice who is not authorized to rep-
resent the United States in criminal or civil law enforce-
ment litigation or to supervise such proceedings may par-
ticipate in such activities, even though such activities may
require the use of deceit or misrepresentation, where such
activities are consistent with Federal law.’’.
KENNETH M. LUDDEN
SEC. 599B. This Act shall be cited as the Kenneth M.
Ludden Foreign Operations, Export Financing, and Re-
lated Programs Appropriations Act, Fiscal Year 2002.
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This Act may be cited as the ‘‘Foreign Operations, Ex-
port Financing, and Related Programs Appropriations Act,
2002’’.
Attest:
Secretary.