H. R. 2506—12
(2) The President may waive section 907 of the FREEDOM
Support Act if he determines and certifies to the Committees on
Appropriations that to do so—
(A) is necessary to support United States efforts to counter
international terrorism; or
(B) is necessary to support the operational readiness of
United States Armed Forces or coalition partners to counter
international terrorism; or
(C) is important to Azerbaijan’s border security; and
(D) will not undermine or hamper ongoing efforts to nego-
tiate a peaceful settlement between Armenia and Azerbaijan
or be used for offensive purposes against Armenia.
(3) The authority of paragraph (2) may only be exercised
through December 31, 2002.
(4) The President may extend the waiver authority provided
in paragraph (2) on an annual basis on or after December 31,
2002 if he determines and certifies to the Committees on Appropria-
tions in accordance with the provisions of paragraph (2).
(5) The Committees on Appropriations shall be consulted prior
to the provision of any assistance made available pursuant to para-
graph (2).
(6) Within 60 days of any exercise of the authority under
paragraph (2) the President shall send a report to the appropriate
congressional committees specifying in detail the following—
(A) the nature and quantity of all training and assistance
provided to the Government of Azerbaijan pursuant to para-
graph (2);
(B) the status of the military balance between Azerbaijan
and Armenia and the impact of United States assistance on
that balance; and
(C) the status of negotiations for a peaceful settlement
between Armenia and Azerbaijan and the impact of United
States assistance on those negotiations.
INDEPENDENT AGENCIES
INTER-AMERICAN FOUNDATION
For expenses necessary to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, and to make commit-
ments without regard to fiscal year limitations, as provided by
31 U.S.C. 9104(b)(3), $13,106,950.
AFRICAN DEVELOPMENT FOUNDATION
For expenses necessary to carry out title V of the International
Security and Development Cooperation Act of 1980, Public Law
96–533, and to make commitments without regard to fiscal year
limitations, as provided by 31 U.S.C. 9104(b)(3), $16,542,000: Pro-
vided, That funds made available to grantees may be invested
pending expenditure for project purposes when authorized by the
President of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That this authority applies to interest earned
both prior to and following enactment of this provision: Provided
further, That notwithstanding section 505(a)(2) of the African
Development Foundation Act, in exceptional circumstances the
H. R. 2506—13
board of directors of the Foundation may waive the $250,000 limita-
tion contained in that section with respect to a project: Provided
further, That the Foundation shall provide a report to the Commit-
tees on Appropriations after each time such waiver authority is
exercised.
PEACE CORPS
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $275,000,000, including the purchase
of not to exceed five passenger motor vehicles for administrative
purposes for use outside of the United States: Provided, That none
of the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That funds appropriated under
this heading shall remain available until September 30, 2003.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $217,000,000, to remain available until
expended: Provided, That any funds made available under this
heading for anti-crime programs and activities shall be made avail-
able subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That during fiscal year 2002,
the Department of State may also use the authority of section
608 of the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of the United
States Government for the purpose of providing it to a foreign
country under chapter 8 of part I of that Act subject to the regular
notification procedures of the Committees on Appropriations: Pro-
vided further, That of the funds appropriated under this heading,
$10,000,000 should be made available for anti-trafficking in persons
programs, including trafficking prevention, protection and assist-
ance for victims, and prosecution of traffickers: Provided further,
That of the funds appropriated under this heading, not more than
$21,738,000 may be available for administrative expenses.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 solely to support counterdrug activities in
the Andean region of South America, $625,000,000, to remain avail-
able until expended: Provided, That in addition to the funds appro-
priated under this heading and subject to the regular notification
procedures of the Committees on Appropriations, the President
may make available up to an additional $35,000,000 for the Andean
Counterdrug Initiative, which may be derived from funds appro-
priated under the heading ‘‘International Narcotics Control and
Law Enforcement’’ in this Act and in prior Acts making appropria-
tions for foreign operations, export financing, and related programs:
Provided further, That of the amount appropriated under this
heading, not less than $215,000,000 shall be apportioned directly
to the United States Agency for International Development, to
be used for economic and social programs: Provided further, That
funds appropriated by this Act that are used for the procurement
of chemicals for aerial coca fumigation programs may be made
H. R. 2506—14
available for such programs only if the Secretary of State, after
consultation with the Administrator of the Environmental Protec-
tion Agency, the Secretary of the Department of Agriculture, and,
if appropriate, the Director of the Centers for Disease Control
and Prevention, determines and reports to the Committees on
Appropriations that: (1) aerial coca fumigation is being carried
out in accordance with regulatory controls required by the Environ-
mental Protection Agency as labeled for use in the United States,
and after consultation with the Colombian Government to ensure
that the fumigation is in accordance with Colombian laws; (2)
the chemicals used in the aerial fumigation of coca, in the manner
in which they are being applied, do not pose unreasonable risks
or adverse effects to humans or the environment; and (3) procedures
are available to evaluate claims of local citizens that their health
was harmed or their licit agricultural crops were damaged by such
aerial coca fumigation, and to provide fair compensation for meri-
torious claims; and such funds may not be made available for
such purposes after six months from the date of enactment of
this Act unless alternative development programs have been devel-
oped, in consultation with communities and local authorities in
the departments in which such aerial coca fumigation is planned,
and in the departments in which such aerial coca fumigation has
been conducted such programs are being implemented: Provided
further, That none of the funds appropriated by this Act may
be made available to support a Peruvian air interdiction program
until the Secretary of State and Director of Central Intelligence
certify to the Congress, 30 days before any resumption of United
States involvement in a Peruvian air interdiction program, that
an air interdiction program that permits the ability of the Peruvian
Air Force to shoot down aircraft will include enhanced safeguards
and procedures to prevent the occurrence of any incident similar
to the April 20, 2001 incident: Provided further, That section 482(b)
of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading: Provided further, That assistance
provided with funds appropriated under this heading that is made
available notwithstanding section 482(b) of the Foreign Assistance
Act of 1961, as amended, shall be made available subject to the
regular notification procedures of the Committees on Appropria-
tions: Provided further, That section 3204(b)(1)(A) of Public Law
106–246 is amended by striking ‘‘500’’ and inserting in lieu thereof
‘‘400’’, and section 3204(b)(1)(B) of Public Law 106–246 is amended
by striking ‘‘300’’ and inserting in lieu thereof ‘‘400’’: Provided
further, That the President shall ensure that if any helicopter
procured with funds under this heading is used to aid or abet
the operations of any illegal self-defense group or illegal security
cooperative, such helicopter shall be immediately returned to the
United States: Provided further, That funds made available under
this heading shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That of
the funds appropriated under this heading, not more than
$14,240,000 may be available for administrative expenses of the
Department of State, and not more than $4,500,000 may be avail-
able for administrative expenses of the United States Agency for
International Development.
H. R. 2506—15
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to enable
the Secretary of State to provide, as authorized by law, a contribu-
tion to the International Committee of the Red Cross, assistance
to refugees, including contributions to the International Organiza-
tion for Migration and the United Nations High Commissioner
for Refugees, and other activities to meet refugee and migration
needs; salaries and expenses of personnel and dependents as 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,
$705,000,000, which shall remain available until expended: Pro-
vided, That not more than $16,000,000 may be available for
administrative expenses: Provided further, That funds appropriated
under this heading may be made available for a headquarters
contribution to the International Committee of the Red Cross only
if the Secretary of State determines (and so reports to the 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: Pro-
vided further, That not less than $60,000,000 of the funds made
available under this heading shall be made available for refugees
from the former Soviet Union and Eastern Europe and other refu-
gees resettling in Israel.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
FUND
For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962, as
amended (22 U.S.C. 260(c)), $15,000,000, to remain available until
expended: Provided, That the funds made available under this
heading are appropriated notwithstanding the provisions contained
in section 2(c)(2) of the Act which would limit the amount of
funds which could be appropriated for this purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism and
related programs and activities, $313,500,000, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance Act
of 1961 for anti-terrorism assistance, chapter 9 of part II of the
Foreign Assistance Act of 1961, section 504 of the FREEDOM
Support Act, section 23 of the Arms Export Control Act or the
Foreign Assistance Act of 1961 for demining activities, the clearance
of unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, section 301 of the Foreign Assistance Act of 1961
for a voluntary contribution to the International Atomic Energy
Agency (IAEA) and a voluntary contribution to the Korean Penin-
sula Energy Development Organization (KEDO), and for a United
States contribution to the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission: Provided, That the Secretary of State
shall inform the Committees on Appropriations at least 15 days