H. J. Res. 2—167
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 country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 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, not-
withstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related 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 congressional presentation for security assist-
ance programs may utilize funds made available under this heading
for procurement of defense articles, defense services or design and
construction services that are not sold by the United States Govern-
ment 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 arti-
cles and services: Provided further, That not more than $38,000,000
of the funds appropriated under this heading may be obligated
for necessary expenses, including the purchase of passenger motor
vehicles for replacement only for use outside of the United States,
for the general costs of administering military assistance and sales:
Provided further, That not more than $356,000,000 of funds realized
pursuant 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 2003 pursuant to section 43(b) of the
Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That foreign mili-
tary financing program funds estimated to be outlayed for Egypt
during fiscal year 2003 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.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $115,000,000: Provided,
That none of the funds appropriated under this heading shall be
obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
TITLE IV—MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global Environment
Facility, $147,812,533, to the International Bank for Reconstruction
and Development as trustee for the Global Environment Facility,
H. J. Res. 2—168
by the Secretary of the Treasury, to remain available until
expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $850,000,000, to remain available
until expended.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE
AGENCY
For payment to the Multilateral Investment Guarantee Agency
by the Secretary of the Treasury, $1,631,000, 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 Investment
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 $7,609,793.
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION
For payment to the Inter-American Investment Corporation,
by the Secretary of the Treasury, $18,351,667, for the United States
share of the increase in subscriptions to capital stock, to remain
available until expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS
MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United
States contribution to the fund, $24,590,667, 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 Development Bank Act, as
amended, $97,886,133, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary
of the Treasury, $5,104,473, 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 African Development 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 $79,602,688.
H. J. Res. 2—169
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, $108,073,333, to remain available until expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND
DEVELOPMENT
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $35,804,955 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 without fiscal year
limitation to the callable capital portion of the United States share
of such capital stock in an amount not to exceed $123,328,178.
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 International Fund for
Agricultural Development, $15,003,667, 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,
$195,150,000: Provided, 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): Provided further, That of the funds appro-
priated under this heading, not less than $500,000 should be made
available for a United States contribution to the International Coffee
Organization (ICO) if the United States becomes a member of
the ICO prior to June 1, 2003: Provided further, That if the United
States does not rejoin the International Coffee Organization by
June 1, 2003, the amount allocated under the previous proviso
should be made available for the United Nations Center for Human
Settlements (UN-HABITAT) in addition to other funds made avail-
able for UN-HABITAT under this heading.
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 appro-
priation item made available by this Act shall be obligated during
the last month of availability.
H. J. Res. 2—170
PRIVATE AND VOLUNTARY ORGANIZATIONS
SEC. 502. (a) None of the funds appropriated or otherwise
made available by this Act for development assistance may be
made available to any United States private and voluntary organiza-
tion, except any cooperative development organization, which
obtains less than 20 percent of its total annual funding for inter-
national activities from sources other than the United States
Government: Provided, That the Administrator of the United States
Agency for International Development, after informing the Commit-
tees on Appropriations, may, on a case-by-case basis, waive the
restriction contained in this subsection, after taking into account
the effectiveness of the overseas development activities of the
organization, its level of volunteer 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 private 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 available pursuant
to this Act, not to exceed $100,500 shall 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 dol-
lars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made available 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 available pursuant
to this Act, not to exceed $125,000 shall be available for representa-
tion allowances for the United States Agency for International
Development during the current fiscal year: Provided, That appro-
priate 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 available
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 available for entertainment expenses
and not to exceed $125,000 shall be available for representation
allowances: 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 entertain-
ment allowances: Provided further, That of the funds made available
by this Act for the Inter-American 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
H. J. Res. 2—171
for entertainment expenses: Provided further, That of the funds
made available by this Act under the heading ‘‘Trade and Develop-
ment Agency’’, not to exceed $2,000 shall be available for representa-
tion and entertainment 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 technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, Iraq, Libya,
North Korea, Iran, Sudan, or Syria: Provided, That for purposes
of this section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance and guarantees of the
Export-Import Bank or its agents: Provided further, That assistance
or other financing under this Act or under prior foreign operations,
export financing, and related programs appropriations Acts may
be provided for humanitarian and relief assistance for Iraq notwith-
standing the provisions of this section or any other provision of
law, including comparable provisions contained in prior foreign
operations, export financing, and related programs appropriations
Acts, if the President determines that the provision of assistance
or other financing for Iraq is important to the national security
interests of the United States: Provided further, That such assist-
ance or financing shall be subject to the regular notification proce-
dures of the Committees on Appropriations, except that notifications
shall be transmitted at least 5 days in advance of obligations
of funds: Provided further, That the President shall submit a report
to the Committees on Appropriations on the status of the allocation,
obligation and expenditure of funds made available for Iraq not
later than every 60 days during fiscal year 2003, beginning on
March 1, 2003: Provided further, That each such report shall include
information on programs, projects, and activities that are being
funded or will be funded with such assistance or financing, and
the departments and agencies responsible for managing each such
program, project, and activity: Provided further, That the authority
of the second proviso of this section to provide assistance for Iraq
shall expire on the date of enactment of the first subsequent supple-
mental appropriations Act for fiscal year 2003 that contains supple-
mental funding for appropriations accounts contained in this Act.
MILITARY COUPS
SEC. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to the government of any country
whose duly elected head of government is deposed by decree or
military coup: Provided, That assistance may be resumed to such
H. J. Res. 2—172
government if the President determines and certifies to the Commit-
tees on Appropriations that subsequent to the termination of assist-
ance a democratically elected government has taken office: Provided
further, That the provisions of this section shall not apply to assist-
ance to promote democratic elections or public participation in
democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
TRANSFERS BETWEEN ACCOUNTS
SEC. 509. (a) None of the funds made available by this Act
may be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any other
appropriation Act.
(b) Notwithstanding subsection (a), in addition to transfers
made by, or authorized elsewhere in, this Act, funds appropriated
by this Act to carry out the purposes of the Foreign Assistance
Act of 1961 may be allocated or transferred to agencies of the
United States Government pursuant to the provisions of sections
109, 610, and 632 of the Foreign Assistance Act of 1961.
(c) 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, not less than five days prior to the
exercise of any authority contained in the Foreign Assistance Act
of 1961 to transfer funds, consults with and provides a written
policy justification to the Committees on Appropriations of the
House of Representatives and the Senate.
(d) Any agreement for the transfer or allocation of funds appro-
priated by this Act, or prior Acts, entered into between the United
States Agency for International Development and another agency
of the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Office of the
Inspector General for the agency receiving the transfer or allocation
of such funds shall perform periodic program and financial audits
of the use of such funds: Provided, That funds transferred under
such authority may be made available for the cost of such audits.
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 purpose under any authority applicable
to such appropriations under this Act: Provided, That the authority
of this section may not be used in fiscal year 2003.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act: Pro-
vided, 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
H. J. Res. 2—173
Foreign Assistance Act of 1961, as amended, section 23 of the
Arms Export Control Act, and funds provided under the heading
‘‘Assistance for Eastern Europe and the Baltic States’’, shall remain
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 expiration of their respective
periods of availability contained in this Act: Provided further, That,
notwithstanding any 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 allocated
or obligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, 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 the government of any country
which is in default during a period in excess of one calendar
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 consulta-
tions 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 expended to finance any loan, any assistance or any
other financial commitments for establishing or expanding produc-
tion of any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive 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
Export-Import Bank if in the judgment of its Board of Directors
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 commodity, 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 introduction, consultancy, publica-
tion, 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
produced in the United States: Provided, That this subsection shall
not prohibit—
(1) activities designed to increase food security in devel-
oping countries where such activities will not have a significant
impact in the export of agricultural commodities of the United
States; or
H. J. Res. 2—174
(2) research activities intended primarily to benefit Amer-
ican producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-Amer-
ican Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corpora-
tion, the North American Development Bank, the European Bank
for Reconstruction and Development, the African Development
Bank, and the African Development Fund to use the voice and
vote of the United States to oppose any assistance by these institu-
tions, 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. For the purposes of providing the executive branch
with the necessary administrative flexibility, none of the funds
made available under this Act for ‘‘Child Survival and Health
Programs 
Fund’’, 
‘‘Development 
Assistance’’, 
‘‘International
Organizations and Programs’’, ‘‘Trade and Development Agency’’,
‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean
Counterdrug Initiative’’,‘‘Assistance for Eastern Europe and the
Baltic States’’, ‘‘Assistance for the Independent States of the Former
Soviet Union’’, ‘‘Economic Support Fund’’, ‘‘Peacekeeping Oper-
ations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Expenses of the
United States Agency for International Development’’, ‘‘Operating
Expenses of the United States Agency for International Develop-
ment Office of Inspector General’’, ‘‘Nonproliferation, Anti-terrorism,
Demining and Related Programs’’, ‘‘Foreign Military Financing Pro-
gram’’, ‘‘International Military Education 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 obliga-
tion 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 defense equipment, other than conventional ammunition,
or 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 Commit-
tees on Appropriations are notified 15 days in advance of such
commitment: Provided further, That this section shall not apply
to any reprogramming 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
H. J. Res. 2—175
or any similar provision of this Act or any other Act, including
any prior Act requiring notification in accordance with the regular
notification 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 provided 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 circumstances necessitating such waiver: Provided further, That
any notification provided pursuant to such a waiver shall contain
an explanation of the emergency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL
ORGANIZATIONS AND PROGRAMS
SEC. 516. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act
or any previously enacted Act making appropriations for foreign
operations, export financing, 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
Assistance Act of 1961, shall remain available for obligation until
September 30, 2004.
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 assistance for a government of an
Independent State of the former Soviet Union—
(1) unless that government is making progress in imple-
menting comprehensive economic reforms based on market
principles, private ownership, respect for commercial contracts,
and equitable treatment of foreign private investment; and
(2) if that government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or ventures.
Assistance may be furnished without regard to this subsection
if the President determines that to do so is in the national interest.
(b) None of the funds appropriated under the heading ‘‘Assist-
ance for the Independent States of the Former Soviet 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: Provided,
That such funds may be made available without regard 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 ‘‘Assist-
ance 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