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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. (a) For the purposes of providing the exec-
utive branch with the necessary administrative flexibility,
none of the funds made available under this Act for ‘‘Child
Survival and Health Programs Fund’’, ‘‘Development As-
sistance’’, ‘‘International Organizations and Programs’’,
‘‘Trade and Development Agency’’, ‘‘International Nar-
cotics Control and Law Enforcement’’, ‘‘Assistance for
Eastern Europe and the Baltic States’’, ‘‘Assistance for
the Independent States of the Former Soviet Union’’,
‘‘Economic Support Fund’’, ‘‘Peacekeeping Operations’’,
‘‘Operating Expenses of the United States Agency for
International Development’’, ‘‘Operating Expenses of the
Agency for United States International Development Of-
fice of Inspector General’’, ‘‘Nonproliferation, Anti-ter-
rorism, Demining and Related Programs’’, ‘‘Foreign Mili-
tary Financing Program’’, ‘‘International Military Edu-
cation 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
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obligation 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 de-
fense 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 Committees on Appropriations are
notified 15 days in advance of such commitment: Provided
further, That this section shall not apply to any re-
programming 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 or any similar provi-
sion of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular noti-
fication 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,
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or the appropriate congressional committees, shall be pro-
vided 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 cir-
cumstances necessitating such waiver: Provided further,
That any notification provided pursuant to such a waiver
shall
contain
an
explanation
of
the
emergency
cir-
cumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 516. Subject to the regular notification proce-
dures of the Committees on Appropriations, funds appro-
priated under this Act or any previously enacted Act mak-
ing appropriations for foreign operations, export financ-
ing, 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 Assist-
ance Act of 1961, shall remain available for obligation
until September 30, 2003.
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 assist-
ance for a government of an Independent State of the
former Soviet Union—
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(1) unless that government is making progress
in implementing comprehensive economic reforms
based on market principles, private ownership, re-
spect for commercial contracts, and equitable treat-
ment of foreign private investment; and
(2) if that government applies or transfers
United States assistance to any entity for the pur-
pose of expropriating or seizing ownership or control
of assets, investments, or ventures.
Assistance may be furnished without regard to this sub-
section if the President determines that to do so is in the
national interest.
(b) None of the funds appropriated under the heading
‘‘Assistance for the Independent States of the Former So-
viet 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: Pro-
vided, That such funds may be made available without re-
gard to the restriction in this subsection if the President
determines that to do so is in the national security interest
of the United States.
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(c) None of the funds appropriated under the heading
‘‘Assistance for the Independent States of the Former So-
viet Union’’ shall be made available for any state to en-
hance its military capability: Provided, That this restric-
tion does not apply to demilitarization, demining or non-
proliferation programs.
(d) Funds appropriated under the heading ‘‘Assist-
ance 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 environment and natural resources) of the Foreign As-
sistance Act of 1961.
(f) Funds appropriated in this or prior appropriations
Acts that are or have been made available for an Enter-
prise Fund in the Independent States of the Former So-
viet 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 returning such interest to the Treasury
of the United States and without further appropriation by
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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 con-
tracts, or making grants, with funds appropriated in this
Act or prior appropriations Acts under the heading ‘‘As-
sistance for the Independent States of the Former Soviet
Union’’ and under comparable headings in prior appro-
priations Acts, for projects or activities that have as one
of their primary purposes the fostering of private sector
development, the Coordinator for United States Assistance
to the New Independent States and the implementing
agency shall encourage the participation of and give sig-
nificant weight to contractors and grantees who propose
investing a significant amount of their own resources (in-
cluding volunteer services and in-kind contributions) in
such projects and activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND
INVOLUNTARY STERILIZATION
SEC. 518. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as
amended, may be used to pay for the performance of abor-
tions as a method of family planning or to motivate or
coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assist-
ance Act of 1961, as amended, may be used to pay for
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the performance of involuntary sterilization as a method
of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of
the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay
for any biomedical research which relates in whole or in
part, to methods of, or the performance of, abortions or
involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if
the President certifies that the use of these funds by any
such country or organization would violate any of the
above provisions related to abortions and involuntary steri-
lizations: Provided, That none of the funds made available
under this Act may be used to lobby for or against abor-
tion.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 519. Not to exceed 5 percent of any appropria-
tion other than for administrative expenses made available
for fiscal year 2001, 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
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any such transfer: Provided, That the exercise of such au-
thority shall be subject to the regular notification proce-
dures of the Committees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated by this Act
shall be obligated or expended for Colombia, Haiti, Libe-
ria, Sudan, Zimbabwe, Pakistan, or the Democratic Re-
public of Congo except as provided through the regular
notification procedures of the Committees on Appropria-
tions.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the appropria-
tions Act account level and shall include all appropriations
and authorizations Acts earmarks, ceilings, and limita-
tions with the exception that for the following accounts:
Economic Support Fund and Foreign Military Financing
Program, ‘‘program, project, and activity’’ shall also be
considered to include country, regional, and central pro-
gram level funding within each such account; for the devel-
opment assistance accounts of the 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)
allocated by the executive branch in accordance with a re-
port, to be provided to the Committees on Appropriations
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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 DISEASE PREVENTION ACTIVITIES
SEC. 522. Up to $16,000,000 of the funds made
available by this Act for assistance under the heading
‘‘Child Survival and Health Programs Fund’’, may be
used to reimburse United States Government agencies,
agencies of State governments, institutions of higher
learning, and private and voluntary organizations for the
full cost of individuals (including for the personal services
of such individuals) detailed or assigned to, or contracted
by, as the case may be, the United States Agency for
International Development for the purpose of carrying out
activities under that heading: Provided, That up to
$1,500,000 of the funds made available by this Act for
assistance under the heading ‘‘Development Assistance’’
may be used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying
out other development assistance activities: Provided fur-
ther, 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 preven-
tion, treatment and control of, Acquired Immune Defi-
ciency Syndrome may be made available notwithstanding
any provision of law that restricts assistance to foreign
countries: Provided further, That funds appropriated
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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 other-
wise 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,
unless the President of the United States certifies that
the withholding of these funds is contrary to the national
interest of the United States.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 524. Prior to providing excess Department of
Defense articles in accordance with section 516(a) of the
Foreign Assistance Act of 1961, the Department of De-
fense shall notify the Committees on Appropriations to the
same extent and under the same conditions as are other
committees pursuant to subsection (f) of that section: Pro-
vided, 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 accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9)
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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 re-
ceive such excess defense articles: Provided further, That
such Committees shall also be informed of the original ac-
quisition cost of such defense articles.
AUTHORIZATION REQUIREMENT
SEC. 525. Funds appropriated by this Act, except
funds appropriated under the headings ‘‘Trade and Devel-
opment Agency’’, ‘‘Peace Corps’’, ‘‘International Military
Education and Training’’, and ‘‘Foreign Military Financ-
ing Program’’, may be obligated and expended notwith-
standing section 10 of Public Law 91–672 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 provided notwithstanding any other provision of law or
regulation: Provided, That notwithstanding any other pro-
vision of law, of the funds appropriated by this Act to
carry out the provisions of chapter 4 of part II of the For-
eign Assistance Act of 1961, not to exceed $3,000,000
may be made available to nongovernmental organizations
located outside the People’s Republic of China to support
activities which preserve cultural traditions and promote
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sustainable development and environmental conservation
in Tibetan communities in that country: Provided further,
That funds made available pursuant to the authority of
this section for programs, projects, and activities for the
People’s Republic of China shall be subject to the regular
notification procedures of the Committees on Appropria-
tions.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES
SEC. 527. (a) Funds appropriated for bilateral assist-
ance under any heading of this Act and funds appro-
priated under any such heading in a provision of law en-
acted 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
individual 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
Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropria-
tions of the waiver (including the justification for the waiv-
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er) in accordance with the regular notification procedures
of the Committees on Appropriations.
DEBT-FOR-DEVELOPMENT
SEC. 528. In order to enhance the continued partici-
pation of nongovernmental organizations in economic as-
sistance activities under the Foreign Assistance Act of
1961, including endowments, debt-for-development and
debt-for-nature exchanges, a nongovernmental organiza-
tion which is a grantee or contractor of the United States
Agency for International Development may place in inter-
est bearing accounts funds made available under this Act
or prior Acts or local currencies which accrue to that orga-
nization as a result of economic assistance provided under
title II of this Act and any interest earned on such invest-
ment shall be used for the purpose for which the assist-
ance was provided to that organization.
SEPARATE ACCOUNTS
SEC. 529. (a) SEPARATE ACCOUNTS
FOR LOCAL
CURRENCIES.—(1) If assistance is furnished to the gov-
ernment 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 genera-
tion of local currencies of that country, the Administrator
of the United States Agency for International Develop-
ment shall—
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(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—
(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 govern-
ment the responsibilities of the United States Agen-
cy for International Development and that govern-
ment to monitor and account for deposits into and
disbursements from the separate account.
(2) USES
OF LOCAL CURRENCIES.—As may be
agreed upon with the foreign government, local currencies
deposited 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
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(B) for the administrative requirements of the
United States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The United
States Agency for International Development shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A)
from the separate account established pursuant to sub-
section (a)(1) are used for the purposes agreed upon pur-
suant to subsection (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 re-
main in a separate account established pursuant to sub-
section (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 Develop-
ment shall report on an annual basis as part of the jus-
tification documents submitted to the Committees on Ap-
propriations on the use of local currencies for the adminis-
trative requirements 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
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dollar equivalent) used and/or to be used for such purpose
in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) If assistance is made available to the government of
a foreign country, under chapter 1 or 10 of part I or chap-
ter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assist-
ance, that country shall be required to maintain such
funds in a separate account and not commingle them with
any other funds.
(2)
APPLICABILITY
OF
OTHER
PROVISIONS
OF
LAW.—Such funds may be obligated and expended not-
withstanding 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 Res-
olution 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 Ap-
propriations, 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
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description 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)
only through the notification procedures of the Commit-
tees 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
institution 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 institu-
tion at a rate in excess of the rate provided for an indi-
vidual occupying 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 De-
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velopment Fund, the African Development Bank, the Afri-
can Development Fund, the International Monetary Fund,
the North American Development Bank, and the Euro-
pean Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 531. None of the funds appropriated or other-
wise made available pursuant to this Act to carry out the
Foreign Assistance Act of 1961 (including title IV of
chapter 2 of part I, relating to the Overseas Private In-
vestment Corporation) 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 Coun-
cil 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 human-
itarian assistance for foreign nationals who have fled
Iraq and Kuwait.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN
FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION
SEC. 532. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
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contained in prior Acts authorizing or making appropria-
tions for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities au-
thorized 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.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 533. None of the funds appropriated by this Act
may be obligated or expended to provide—
(1) 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 in-
ducement is likely to reduce the number of employ-
ees of such business enterprise in the United States
because United States production is being replaced
by such enterprise outside the United States; or
(2) assistance for any project or activity that
contributes to the violation of internationally recog-
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
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application of this subsection should be commensu-
rate 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, MONTE-
NEGRO, 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 Cam-
bodia 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 Coopera-
tion Act of 1985: Provided further, That section 576 of
the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, as amended, shall
not apply to the provision of loans and assistance to the
Federal Republic of Yugoslavia through international fi-
nancial institutions.
(b) TROPICAL FORESTRY AND BIODIVERSITY CON-
SERVATION ACTIVITIES.—Funds appropriated by this Act
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to carry out the provisions of sections 103 through 106,
and chapter 4 of part II, of the Foreign Assistance Act
of 1961 may be used, notwithstanding any other provision
of law, for the purpose of supporting tropical forestry and
biodiversity conservation activities and, subject to the reg-
ular notification procedures of the Committees on Appro-
priations, energy programs aimed at reducing greenhouse
gas emissions: Provided, That such assistance 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 As-
sistance 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 Develop-
ment 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 expanded overseas programs and activities and
managed by the agency until permanent direct hire per-
sonnel are hired and trained: Provided, That not more
than 10 of such contractors shall be assigned to any bu-
reau or office: Provided further, That such funds appro-
priated to carry out the Foreign Assistance Act of 1961
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may be made available for personal services contractors
assigned only to the Office of Health and Nutrition; the
Office of Procurement; the Bureau for Africa; the Bureau
for Latin America and the Caribbean; and the Bureau for
Asia and the Near East: Provided further, 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 contractors 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
waiver 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) During fiscal year 2002, the President may use
up to $50,000,000 under the authority of section 451 of
the Foreign Assistance Act, notwithstanding the funding
ceiling in section 451(a).
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT
OF ISRAEL AND NORMALIZING RELATIONS WITH ISRAEL
SEC. 535. It is the sense of the Congress that—
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(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
maintain full diplomatic relations with Israel is also
of deep concern;
(4) the Arab League should immediately re-
scind 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 participa-
tion of any recipient country in the primary
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boycott of Israel and the secondary and tertiary
boycotts of American firms that have commer-
cial 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 pub-
lic renunciation of the Arab primary boycott of
Israel and the secondary and tertiary boycotts
of American firms that have commercial rela-
tions 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 boy-
cott 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’’,
assistance may be provided to strengthen the administra-
tion of justice in countries in Latin America and the Car-
ibbean and in other regions consistent with the provisions
of section 534(b) of the Foreign Assistance Act of 1961,
except that programs to enhance protection of participants
in judicial cases may be conducted notwithstanding section
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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 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
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 na-
tional interest of the United States: Provided further, That
before using the authority of this subsection to furnish as-
sistance in support of programs of nongovernmental orga-
nizations, the President shall notify the Committees on
Appropriations under the regular notification procedures
of those committees, including a description of the pro-
gram to be assisted, the assistance to be provided, and
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the reasons for furnishing such assistance: Provided fur-
ther, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abor-
tion 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 re-
strict assistance under the Agricultural Trade Develop-
ment 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 reg-
ular notification procedures of the Committees on Appro-
priations.
(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 sup-
port 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
violate
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
provided.
(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 re-
ports 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 ear-
marked funds can be obligated during the original period
of availability: Provided, That such earmarked funds that
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are continued available for an additional fiscal year shall
be obligated only for the purpose of such earmark.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 539. 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. 540. To the maximum extent possible, assist-
ance provided under this Act should make full use of
American resources, including commodities, products, and
services.
PROHIBITION OF PAYMENTS TO UNITED NATIONS
MEMBERS
SEC. 541. 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 mem-
ber 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 an-
other country’s delegation at international conferences
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held under the auspices of multilateral or international or-
ganizations.
NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION
SEC. 542. None of the funds appropriated or made
available pursuant to this Act shall be available to a non-
governmental organization which fails to provide upon
timely request any document, file, or record necessary to
the auditing requirements of the United States Agency for
International Development.
PROHIBITION
ON
ASSISTANCE
TO
FOREIGN
GOVERN-
MENTS
THAT
EXPORT
LETHAL
MILITARY
EQUIP-
MENT TO COUNTRIES SUPPORTING INTERNATIONAL
TERRORISM
SEC. 543. (a) None of the funds appropriated or oth-
erwise made available by this Act may be available to any
foreign government which provides lethal military equip-
ment to a country the government of which the Secretary
of State has determined is a terrorist government for pur-
poses of section 6(j) of the Export Administration Act.
The prohibition under this section with respect to a for-
eign government shall terminate 12 months after that gov-
ernment 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.
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(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 exer-
cised, the President shall submit to the appropriate con-
gressional committees a report with respect to the fur-
nishing of such assistance. Any such report shall include
a detailed explanation of the assistance to be provided, in-
cluding 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. 544. (a) IN GENERAL.—Of the funds made
available for a foreign country under part I of the Foreign
Assistance Act of 1961, an amount equivalent to 110 per-
cent of the total unpaid fully adjudicated parking fines
and penalties owed to the District of Columbia by such
country as of the date of the enactment of this Act shall
be withheld from obligation for such country until the Sec-
retary of State certifies and reports in writing to the ap-
propriate congressional committees that such fines and
penalties are fully paid to the government of the District
of Columbia.