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that to do so is in the national security interest of the
United States.
(c) None of the funds appropriated under the heading
‘‘Assistance for the Independent States of the Former Soviet
Union’’ shall be made available for any state to enhance
its military capability: Provided, That this restriction does
not apply to demilitarization, demining or nonproliferation
programs.
(d) Funds appropriated under the heading ‘‘Assistance
for the Independent States of the Former Soviet Union’’ for
the Russian Federation, Armenia, Georgia, and Ukraine
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(e) Funds made available in this Act for assistance for
the Independent States of the former Soviet Union shall be
subject to the provisions of section 117 (relating to environ-
ment and natural resources) of the Foreign Assistance Act
of 1961.
(f) Funds appropriated in this or prior appropriations
Acts that are or have been made available for an Enterprise
Fund in the Independent States of the Former Soviet Union
may be deposited by such Fund in interest-bearing accounts
prior to the disbursement of such funds by the Fund for
program purposes. The Fund may retain for such program
purposes any interest earned on such deposits without re-
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turning such interest to the Treasury of the United States
and without further appropriation by the Congress. Funds
made available for Enterprise Funds shall be expended at
the minimum rate necessary to make timely payment for
projects and activities.
(g) In issuing new task orders, entering into contracts,
or making grants, with funds appropriated in this Act or
prior appropriations Acts under the heading ‘‘Assistance
for the Independent States of the Former Soviet Union’’ and
under comparable headings in prior appropriations Acts,
for projects or activities that have as one of their primary
purposes the fostering of private sector development, the Co-
ordinator for United States Assistance to the New Inde-
pendent States and the implementing agency shall encour-
age the participation of and give significant weight to con-
tractors and grantees who propose investing a significant
amount of their own resources (including volunteer services
and in-kind contributions) in such projects and activities.
OVERSEAS PRIVATE INVESTMENT CORPORATION AND
EXPORT-IMPORT BANK RESTRICTIONS
SEC. 518. (a) LIMITATION ON USE OF FUNDS BY
OPIC.—None of the funds made available in this Act may
be used by the Overseas Private Investment Corporation to
insure, reinsure, guarantee, or finance any investment in
connection with a project involving the mining, polishing
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or other processing, or sale of diamonds in a country that
fails to meet the requirements of subsection (c).
(b) LIMITATION ON USE OF FUNDS BY THE EXPORT-
IMPORT BANK.—None of the funds made available in this
Act may be used by the Export-Import Bank of the United
States to guarantee, insure, extend credit, or participate in
an extension of credit in connection with the export of any
goods to a country for use in an enterprise involving the
mining, polishing or other processing, or sale of diamonds
in a country that fails to meet the requirements of sub-
section (c).
(c) REQUIREMENTS.—The requirements referred to in
subsection (a) and (b) are that the country concerned is im-
plementing a system of controls on the export and import
of rough diamonds that—
(1) is consistent with United Nations General
Assembly Resolution 55/56 adopted on December 1,
2000.
(2) the President determines to be functionally
equivalent to the system of controls specified in sub-
paragraph (1); or
(3) meets the requirements of an international
agreement which requires controls specified in sub-
paragraph (1) and to which the United States is a
party.
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EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 519. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2002, for programs under title I of this Act may
be transferred between such appropriations for use for any
of the purposes, programs, and activities for which the
funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the Com-
mittees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated by this Act
shall be obligated or expended for Burma, Colombia, Haiti,
Liberia, Serbia, Sudan, Ethiopia, Eritrea, Zimbabwe,
Pakistan, or the Democratic Republic of the Congo except
as provided through the regular notification procedures of
the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the appropriations
Act account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations
with the exception that for the following accounts: Economic
Support Fund and Foreign Military Financing Program,
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‘‘program, project, and activity’’ shall also be considered
to include country, regional, and central program level
funding within each such account; for the development as-
sistance accounts of the United States 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) allo-
cated by the executive branch in accordance with a report,
to be provided to the Committees on Appropriations within
30 days of the enactment of this Act, as required by section
653(a) of the Foreign Assistance Act of 1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
SEC. 522. Up to $15,500,000 of the funds made avail-
able by this Act for assistance under the heading ‘‘Child
Survival and Health Programs Fund’’, may be used to re-
imburse United States Government agencies, agencies of
State governments, institutions of higher learning, and pri-
vate and voluntary organizations for the full cost of indi-
viduals (including for the personal services of such individ-
uals) detailed or assigned to, or contracted by, as the case
may be, the United States Agency for International Devel-
opment for the purpose of carrying out activities under that
heading: Provided, That up to $3,500,000 of the funds made
available by this Act for assistance under the heading ‘‘De-
velopment Assistance’’ may be used to reimburse such agen-
cies, institutions, and organizations for such costs of such
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individuals carrying out other development assistance ac-
tivities: Provided further, That funds appropriated by this
Act that are made available for child survival activities or
disease programs including activities relating to research
on, and the prevention, treatment and control of, HIV/
AIDS may be made available notwithstanding any other
provision of law: Provided further, That funds appropriated
under title II of this Act may be made available pursuant
to section 301 of the Foreign Assistance Act of 1961 if a
primary purpose of the assistance is for child survival and
related programs.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN
COUNTRIES
SEC. 523. None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated to
finance indirectly any assistance or reparations to Cuba,
Iraq, Libya, Iran, Syria, North Korea, or Sudan, or to the
government of any nation which the President determines
harbored or is harboring, or provided or is providing fi-
nancing for, individuals or organizations involved in the
September 11, 2001 terrorist attacks in the United States,
unless the President of the United States certifies that the
withholding of these funds is contrary to the national inter-
est of the United States.
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NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 524. Prior to providing excess Department of De-
fense articles in accordance with section 516(a) of the For-
eign Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees pur-
suant to subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under
the Arms Export Control Act, the Department of Defense
shall notify the Committees on Appropriations in accord-
ance with the regular notification procedures of such Com-
mittees if such defense articles are significant military
equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required
elsewhere in this Act for the use of appropriated funds for
specific countries that would receive such excess defense ar-
ticles: Provided further, That such Committees shall also be
informed of the original acquisition cost of such defense ar-
ticles.
AUTHORIZATION REQUIREMENT
SEC. 525. Funds appropriated by this Act, except
funds appropriated under the headings ‘‘Peace Corps’’ and
‘‘Trade and Development Agency’’, may be obligated and
expended notwithstanding section 10 of Public Law 91–672
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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 made available notwithstanding any other provision of
law or regulation: Provided, That notwithstanding any
other provision of law, of the funds appropriated by this
Act to carry out provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961, not less than $10,000,000
shall be made available for assistance for the People’s Re-
public of China for activities to support democracy, human
rights, and the rule of law in that country, of which not
less than $5,000,000 should be made available for the
Human Rights and Democracy Fund of the Bureau of De-
mocracy, Human Rights and Labor, Department of State,
for such activities, and of which not to exceed $2,500,000
may be made available to nongovernmental organizations
located outside the People’s Republic of China to support
activities which preserve cultural traditions and promote
sustainable development and environmental conservation in
Tibetan communities in Tibet: Provided further, That not-
withstanding any other provision of law or regulation,
funds appropriated by this or any other Act making appro-
priations pursuant to part I of the Foreign Assistance Act
of 1961 that are available for the United States-Asia Envi-
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ronmental Partnership, may be made available for activi-
ties in the People’s Republic of China: Provided further,
That funds made available pursuant to the authority of this
section for programs, projects, and activities in the People’s
Republic of China shall be subject to the regular notification
procedures of the Committees on Appropriations.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES
SEC. 527. (a) Funds appropriated for bilateral assist-
ance under any heading of this Act and funds appropriated
under any such heading in a provision of law enacted prior
to the enactment of this Act, shall not be made available
to any country which the President determines—
(1) grants sanctuary from prosecution to any in-
dividual 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 Fed-
eral Register and, at least 15 days before the waiver takes
effect, shall notify the Committees on Appropriations of the
waiver (including the justification for the waiver) in ac-
cordance with the regular notification procedures of the
Committees on Appropriations.
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DEBT-FOR-DEVELOPMENT
SEC. 528. In order to enhance the continued participa-
tion of nongovernmental organizations in economic assist-
ance activities under the Foreign Assistance Act of 1961,
including endowments, debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which
is a grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts funds made available under this Act or prior Acts
or local currencies which accrue to that organization as a
result of economic assistance provided under title II of this
Act and any interest earned on such investment shall be
used for the purpose for which the assistance was provided
to that organization.
SEPARATE ACCOUNTS
SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL CUR-
RENCIES.—(1) If assistance is furnished to the government
of a foreign country under chapters 1 and 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall—
(A) require that local currencies be deposited in
a separate account established by that government;
(B) enter into an agreement with that govern-
ment which sets forth—
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(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
(C) establish by agreement with that government
the responsibilities of the United States Agency for
International Development and that government to
monitor and account for deposits into and disburse-
ments from the separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed
upon with the foreign government, local currencies depos-
ited 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
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necessary steps to ensure that the equivalent of the local cur-
rencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1)
are used for the purposes agreed upon pursuant to sub-
section (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon
termination of assistance to a country under chapter 1 or
10 of part I or chapter 4 of part II (as the case may be),
any unencumbered balances of funds which remain in a
separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(5) REPORTING REQUIREMENT.—The Administrator
of the United States Agency for International Development
shall report on an annual basis as part of the justification
documents submitted to the Committees on Appropriations
on the use of local currencies for the administrative require-
ments 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 equiva-
lent) used and/or to be used for such purpose in each appli-
cable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1)
If assistance is made available to the government of a for-
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eign country, under chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a sepa-
rate account and not commingle them with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—
Such funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the nature
of this assistance including provisions which are referenced
in the Joint Explanatory Statement of the Committee of
Conference accompanying House Joint Resolution 648
(House Report No. 98–1159).
(3) NOTIFICATION.—At least 15 days prior to 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 Appro-
priations, 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 de-
scription 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)
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only through the notification procedures of the Committees
on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE
DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 530. (a) No funds appropriated by this Act may
be made as payment to any international financial institu-
tion while the United States Executive Director to such in-
stitution is compensated by the institution at a rate which,
together with whatever compensation such Director receives
from the United States, is in excess of the rate provided
for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, or while any alternate United States Director
to such institution is compensated by the institution at a
rate in excess of the rate provided for an individual occu-
pying 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 Devel-
opment Fund, the African Development Bank, the African
Development Fund, the International Monetary Fund, the
North American Development Bank, and the European
Bank for Reconstruction and Development.
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COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 531. None of the funds appropriated or otherwise
made available pursuant to this Act to carry out the For-
eign Assistance Act of 1961 (including title IV of chapter
2 of part I, relating to the Overseas Private Investment Cor-
poration) or the Arms Export Control Act may be used to
provide assistance to any country that is not in compliance
with the United Nations Security Council sanctions against
Iraq unless the President determines and so certifies to the
Congress that—
(1) such assistance is in the national interest of
the United States;
(2) such assistance will directly benefit the needy
people in that country; or
(3) the assistance to be provided will be humani-
tarian assistance for foreign nationals who have fled
Iraq and Kuwait.
AUTHORITIES
FOR
THE
PEACE
CORPS, INTERNATIONAL
FUND
FOR
AGRICULTURE
DEVELOPMENT, 
INTER-
AMERICAN FOUNDATION AND AFRICAN DEVELOPMENT
FOUNDATION
SEC. 532. (a) Unless expressly provided to the con-
trary, provisions of this or any other Act, including provi-
sions contained in prior Acts authorizing or making appro-
priations for foreign operations, export financing, and re-
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lated programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African 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.
(b) Unless expressly provided to the contrary, limita-
tions on the availability of funds for ‘‘International Orga-
nizations and Programs’’ in this or any other Act, includ-
ing prior appropriations Acts, shall not be construed to be
applicable to the International Fund for Agriculture Devel-
opment.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 533. None of the funds appropriated by this Act
may be obligated or expended to provide—
(a) any financial incentive to a business 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 induce-
ment is likely to reduce the number of employees of
such business enterprise in the United States because
United States production is being replaced by such
enterprise outside the United States; or
(b) assistance for any project or activity that
contributes to the violation of internationally recog-
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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 commensurate
with the level of development of the recipient country
and sector, the provisions of this subsection shall not
preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and
smallholder agriculture.
SPECIAL AUTHORITIES
SEC. 534. (a) AFGHANISTAN, LEBANON, MONTENEGRO,
VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED
BURMESE.—Funds appropriated in titles I and II of this
Act that are made available for Afghanistan, Lebanon,
Montenegro, and for victims of war, displaced children, and
displaced Burmese, may be made available notwithstanding
any other provision of law: Provided, That any such funds
that are made available for Cambodia shall be subject to
the provisions of section 531(e) of the Foreign Assistance
Act of 1961 and section 906 of the International Security
and Development Cooperation Act of 1985.
(b) TROPICAL FORESTRY
AND BIODIVERSITY 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
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may be used, notwithstanding any other provision of law,
for the purpose of supporting tropical forestry and biodiver-
sity conservation activities and energy programs aimed at
reducing greenhouse gas emissions: Provided, That such as-
sistance 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 Assist-
ance Act of 1961, and title II of the Agricultural Trade
Development and Assistance Act of 1954, may be used by
the United States Agency for International Development to
employ up to 25 personal services contractors in the United
States, notwithstanding any other provision of law, for the
purpose of providing direct, interim support for new or ex-
panded overseas programs and activities and managed by
the agency until permanent direct hire personnel are hired
and trained: Provided, That not more than 10 of such con-
tractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out the For-
eign Assistance Act of 1961 may be made available for per-
sonal services contractors assigned only to the Office of
Health and Nutrition; the Office of Procurement; the Bu-
reau for Africa; the Bureau for Latin America and the Car-
ibbean; the Bureau for Asia and the Near East; and for
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the Global Development Alliance initiative: Provided fur-
ther, 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 con-
tractors 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 waiv-
er 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) SPECIAL AUTHORITY.—During fiscal year 2002,
the President may use up to $35,000,000 under the author-
ity of section 451 of the Foreign Assistance Act, notwith-
standing the funding ceiling in section 451(a).
(f) SMALL BUSINESS.—In entering into multiple
award indefinite-quantity contracts with funds appro-
priated by this Act, the United States Agency for Inter-
national Development may provide an exception to the fair
opportunity process for placing task orders under such con-
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tracts when the order is placed with any category of small
or small disadvantaged business.
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF
ISRAEL AND NORMALIZING RELATIONS WITH ISRAEL
SEC. 535. It is the sense of the Congress that—
(1) the Arab League countries should imme-
diately and publicly renounce the primary boycott of
Israel and the secondary and tertiary boycott of
American firms that have commercial ties with Israel
and should normalize their relations with Israel;
(2) the decision by the Arab League in 1997 to
reinstate the boycott against Israel was deeply trou-
bling and disappointing;
(3) the fact that only three Arab countries main-
tain full diplomatic relations with Israel is also of
deep concern;
(4) the Arab League should immediately rescind
its decision on the boycott and its members should de-
velop 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;
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(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 commercial
relations with Israel when determining whether
to sell weapons to said country;
(C) report to Congress annually on the spe-
cific steps being taken by the United States and
the progress achieved to bring about a public re-
nunciation of the Arab primary boycott of Israel
and the secondary and tertiary boycotts of Amer-
ican firms that have commercial relations with
Israel and to expand the process of normalizing
ties between Arab League countries and Israel;
and
(D) encourage the allies and trading part-
ners of the United States to enact laws prohib-
iting businesses from complying with the boycott
and penalizing businesses that do comply.
ADMINISTRATION OF JUSTICE ACTIVITIES
SEC. 536. Of the funds appropriated or otherwise made
available by this Act for ‘‘Economic Support Fund’’, assist-
ance may be provided to strengthen the administration of
justice in countries in Latin America and the Caribbean
and in other regions consistent with the provisions of sec-
tion 534(b) of the Foreign Assistance Act of 1961, except
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that programs to enhance protection of participants in ju-
dicial 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 For-
eign Assistance Act of 1961.
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 ap-
propriated by this Act to carry out the provisions of chap-
ters 1, 10, 11, and 12 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961, and from funds ap-
propriated under the heading ‘‘Assistance for Eastern Eu-
rope and the Baltic States’’: Provided, That the President
shall take into consideration, in any case in which a restric-
tion on assistance would be applicable but for this sub-
section, whether assistance in support of programs of non-
governmental organizations is in the national interest of
the United States: Provided further, That before using the
authority of this subsection to furnish assistance in support
of programs of nongovernmental organizations, the Presi-
dent shall notify the Committees on Appropriations under
the regular notification procedures of those committees, in-
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cluding a description of the program to be assisted, the as-
sistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this sub-
section shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations
contained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 2002, re-
strictions contained in this or any other Act with respect
to assistance for a country shall not be construed to restrict
assistance under the Agricultural Trade Development and
Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made
available pursuant to this subsection may be obligated or
expended except as provided through the regular notifica-
tion procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision
of law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign As-
sistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized
human rights.
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EARMARKS
SEC. 538. (a) Funds appropriated by this Act which
are earmarked may be reprogrammed for other programs
within the same account notwithstanding the earmark if
compliance with the earmark is made impossible by 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 pro-
vided.
(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 reports
promptly to the Committees on Appropriations that the ter-
mination of assistance to a country or a significant change
in circumstances makes it unlikely that such earmarked
funds can be obligated during the original period of avail-
ability: Provided, That such earmarked funds that are con-
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to such terms and conditions as the President may pre-
scribe: Provided, That section 1365(c) of the National De-
fense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 22 U.S.C., 2778 note) is amended by striking
‘‘During the 11-year period beginning on October 23, 1992’’
and inserting ‘‘During the 16-year period beginning on Oc-
tober 23, 1992’’.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
SEC. 549. None of the funds appropriated by this Act
may be obligated or expended to create in any part of Jeru-
salem a new office of any department or agency of the
United States Government for the purpose of conducting of-
ficial United States Government business with the Pales-
tinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided fur-
ther, That meetings between officers and employees of the
United States and officials of the Palestinian Authority, or
any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles, for the purpose
of conducting official United States Government business
with such authority should continue to take place in loca-
tions other than Jerusalem. As has been true in the past,
officers and employees of the United States Government