H. R. 2506—35
(e) During fiscal year 2002, the President may use up to
$45,000,000 under the authority of section 451 of the Foreign Assist-
ance Act, notwithstanding the funding ceiling in section 451(a).
(f) SMALL BUSINESS.—In entering into multiple award indefi-
nite-quantity contracts with funds appropriated by this Act, the
United States Agency for International Development may provide
an exception to the fair opportunity process for placing task orders
under such contracts when the order is placed with any category
of small or small disadvantaged business.
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF ISRAEL AND
NORMALIZING RELATIONS WITH ISRAEL
SEC. 535. It is the sense of the Congress that—
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the sec-
ondary and tertiary boycott of American firms that have
commercial ties with Israel and should normalize their relations
with Israel;
(2) the decision by the Arab League in 1997 to reinstate
the boycott against Israel was deeply troubling and dis-
appointing;
(3) the fact that only three Arab countries maintain full
diplomatic relations with Israel is also of deep concern;
(4) the Arab League should immediately rescind its decision
on the boycott and its members should develop normal relations
with their neighbor Israel; and
(5) the President should—
(A) take more concrete steps to encourage vigorously
Arab League countries to renounce publicly the primary
boycotts of Israel and the secondary and tertiary boycotts
of American firms that have commercial relations with
Israel and to normalize their relations with Israel;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and the
secondary and tertiary boycotts of American firms that
have commercial relations with Israel when determining
whether to sell weapons to said country;
(C) report to Congress annually on the specific steps
being taken by the United States and the progress achieved
to bring about a public renunciation of the Arab primary
boycott of Israel and the secondary and tertiary boycotts
of American firms that have commercial relations with
Israel and to expand the process of normalizing ties
between Arab League countries and Israel; and
(D) encourage the allies and trading partners of the
United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that
do comply.
ADMINISTRATION OF JUSTICE ACTIVITIES
SEC. 536. Of the funds appropriated or otherwise made avail-
able by this Act for ‘‘Economic Support Fund’’, assistance may
be provided to strengthen the administration of justice in countries
in Latin America and the Caribbean and in other regions consistent
with the provisions of section 534(b) of the Foreign Assistance
H. R. 2506—36
Act of 1961, except that programs to enhance protection of partici-
pants 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 Assist-
ance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 537. (a) ASSISTANCE
THROUGH
NONGOVERNMENTAL
ORGANIZATIONS.—Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, and from funds
appropriated under the heading ‘‘Assistance for Eastern Europe
and the Baltic States’’: Provided, That the President shall take
into consideration, in any case in which a restriction on assistance
would be applicable but for this subsection, whether assistance
in support of programs of nongovernmental organizations is in
the national interest of the United States: Provided further, That
before using the authority of this subsection to furnish assistance
in support of programs of nongovernmental organizations, the Presi-
dent shall notify the Committees on Appropriations under the reg-
ular notification procedures of those committees, including a
description of the program to be assisted, the assistance to be
provided, and the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed to alter
any existing statutory prohibitions against abortion or involuntary
sterilizations contained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 2002, restrictions con-
tained 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: Pro-
vided, That none of the funds appropriated to carry out title I
of such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates inter-
nationally recognized human rights.
EARMARKS
SEC. 538. (a) Funds appropriated by this Act which are ear-
marked may be reprogrammed for other programs within the same
account notwithstanding the earmark if compliance with the ear-
mark is made impossible by operation of any provision of this
or any other Act: Provided, That any such reprogramming shall
be subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That assistance that is
H. R. 2506—37
reprogrammed pursuant to this subsection shall be made available
under the same terms and conditions as originally provided.
(b) In addition to the authority contained in subsection (a),
the original period of availability of funds appropriated by this
Act and administered by the United States Agency for International
Development that are earmarked for particular programs or activi-
ties by this or any other Act shall be extended for an additional
fiscal year if the Administrator of such agency determines and
reports promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant change in
circumstances makes it unlikely that such earmarked funds can
be obligated during the original period of availability: Provided,
That such earmarked funds that are continued available for an
additional fiscal year shall be obligated only for the purpose of
such earmark.
CEILINGS AND EARMARKS
SEC. 539. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or otherwise
made available by any subsequent Act unless such Act specifically
so directs. Earmarks or minimum funding requirements contained
in any other Act shall not be applicable to funds appropriated
by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 540. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the
United States not authorized before the date of the enactment
of this Act by the Congress: Provided, That not to exceed $750,000
may be made available to carry out the provisions of section 316
of Public Law 96–533.
PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS
SEC. 541. To the maximum extent practicable, assistance pro-
vided under this Act should make full use of American resources,
including commodities, products, and services.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 542. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance Act
of 1961, may be used to pay in whole or in part any assessments,
arrearages, or dues of any member of the United Nations or, from
funds appropriated by this Act to carry out chapter 1 of part
I of the Foreign Assistance Act of 1961, the costs for participation
of another country’s delegation at international conferences held
under the auspices of multilateral or international organizations.
NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION
SEC. 543. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upon timely request any docu-
ment, file, or record necessary to the auditing requirements of
the United States Agency for International Development.
H. R. 2506—38
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EX-
PORT
LETHAL
MILITARY
EQUIPMENT
TO
COUNTRIES
SUPPORTING
INTERNATIONAL TERRORISM
SEC. 544. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign govern-
ment which provides lethal military equipment to a country the
government of which the Secretary of State has determined is
a terrorist government for purposes of section 6(j) of the Export
Administration Act. The prohibition under this section with respect
to a foreign government shall terminate 12 months after that
government ceases to provide such military equipment. This section
applies with respect to lethal military equipment provided under
a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines
that furnishing such assistance is important to the national
interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional committees
a report with respect to the furnishing of such assistance. Any
such report shall include a detailed explanation of the assistance
to be provided, including the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY FOREIGN
COUNTRIES
SEC. 545. (a) IN GENERAL.—Of the funds appropriated under
this Act that are made available for a foreign country under part
I of the Foreign Assistance Act of 1961, an amount equivalent
to 110 percent of the total unpaid fully adjudicated parking fines
and penalties owed to the District of Columbia and New York
City, New York by such country as of the date of the enactment
of this Act that were incurred after the first day of the fiscal
year preceding the current fiscal year shall be withheld from obliga-
tion for such country until the Secretary of State certifies and
reports in writing to the appropriate congressional committees that
such fines and penalties are fully paid to the governments of the
District of Columbia and New York City, New York.
(b) DEFINITION.—For purposes of this section, the term ‘‘appro-
priate congressional committees’’ means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND
GAZA
SEC. 546. None of the funds appropriated by this Act may
be obligated for assistance for the Palestine Liberation Organization
for the West Bank and Gaza unless the President has exercised
the authority under section 604(a) of the Middle East Peace Facilita-
tion Act of 1995 (title VI of Public Law 104–107) or any other
legislation to suspend or make inapplicable section 307 of the For-
eign Assistance Act of 1961 and that suspension is still in effect:
Provided, That if the President fails to make the certification under