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(f) Funds appropriated in this or prior appropriations
Acts that are or have been made available for an Enterprise
Fund in the Independent States of the Former Soviet Union
may be deposited by such Fund in interest-bearing accounts
prior to the disbursement of such funds by the Fund for
program purposes. The Fund may retain for such program
purposes any interest earned on such deposits without re-
turning such interest to the Treasury of the United States
and without further appropriation by the Congress. Funds
made available for Enterprise Funds shall be expended at
the minimum rate necessary to make timely payment for
projects and activities.
(g) In issuing new task orders, entering into contracts,
or making grants, with funds appropriated in this Act or
prior appropriations Acts under the heading ‘‘Assistance
for the Independent States of the Former Soviet Union’’ and
under comparable headings in prior appropriations Acts,
for projects or activities that have as one of their primary
purposes the fostering of private sector development, the Co-
ordinator for United States Assistance to the New Inde-
pendent States and the implementing agency shall encour-
age the participation of and give significant weight to con-
tractors and grantees who propose investing a significant
amount of their own resources (including volunteer services
and in-kind contributions) in such projects and activities.
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OVERSEAS PRIVATE INVESTMENT CORPORATION AND
EXPORT-IMPORT BANK RESTRICTIONS
SEC. 518. (a) LIMITATION ON USE OF FUNDS BY
OPIC.—None of the funds made available in this Act may
be used by the Overseas Private Investment Corporation to
insure, reinsure, guarantee, or finance any investment in
connection with a project involving the mining, polishing
or other processing, or sale of diamonds in a country that
fails to meet the requirements of subsection (c).
(b) LIMITATION ON USE OF FUNDS BY THE EXPORT-
IMPORT BANK.—None of the funds made available in this
Act may be used by the Export-Import Bank of the United
States to guarantee, insure, extend credit, or participate in
an extension of credit in connection with the export of any
goods to a country for use in an enterprise involving the
mining, polishing or other processing, or sale of diamonds
in a country that fails to meet the requirements of sub-
section (c).
(c) REQUIREMENTS.—The requirements referred to in
subsection (a) and (b) are that the country concerned is im-
plementing a system of controls on the export and import
of rough diamonds that—
(1) is consistent with United Nations General
Assembly Resolution 55/56 adopted on December 1,
2000.
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(2) the President determines to be functionally
equivalent to the system of controls specified in sub-
paragraph (1); or
(3) meets the requirements of an international
agreement which requires controls specified in sub-
paragraph (1) and to which the United States is a
party.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 519. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2002, for programs under title I of this Act may
be transferred between such appropriations for use for any
of the purposes, programs, and activities for which the
funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the Com-
mittees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated by this Act
shall be obligated or expended for Burma, Colombia, Haiti,
Liberia, Serbia, Sudan, Ethiopia, Eritrea, Zimbabwe,
Pakistan, or the Democratic Republic of the Congo except
as provided through the regular notification procedures of
the Committees on Appropriations.
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DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the appropriations
Act account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations
with the exception that for the following accounts: Economic
Support Fund and Foreign Military Financing Program,
‘‘program, project, and activity’’ shall also be considered
to include country, regional, and central program level
funding within each such account; for the development as-
sistance accounts of the United States Agency for Inter-
national Development ‘‘program, project, and activity’’
shall also be considered to include central program level
funding, either as: (1) justified to the Congress; or (2) allo-
cated by the executive branch in accordance with a report,
to be provided to the Committees on Appropriations within
30 days of the enactment of this Act, as required by section
653(a) of the Foreign Assistance Act of 1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
SEC. 522. Up to $15,500,000 of the funds made avail-
able by this Act for assistance under the heading ‘‘Child
Survival and Health Programs Fund’’, may be used to re-
imburse United States Government agencies, agencies of
State governments, institutions of higher learning, and pri-
vate and voluntary organizations for the full cost of indi-
viduals (including for the personal services of such individ-
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uals) detailed or assigned to, or contracted by, as the case
may be, the United States Agency for International Devel-
opment for the purpose of carrying out activities under that
heading: Provided, That up to $3,500,000 of the funds made
available by this Act for assistance under the heading ‘‘De-
velopment Assistance’’ may be used to reimburse such agen-
cies, institutions, and organizations for such costs of such
individuals carrying out other development assistance ac-
tivities: Provided further, That funds appropriated by this
Act that are made available for child survival activities or
disease programs including activities relating to research
on, and the prevention, treatment and control of, HIV/
AIDS may be made available notwithstanding any other
provision of law: Provided further, That funds appropriated
under title II of this Act may be made available pursuant
to section 301 of the Foreign Assistance Act of 1961 if a
primary purpose of the assistance is for child survival and
related programs.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN
COUNTRIES
SEC. 523. None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated to
finance indirectly any assistance or reparations to Cuba,
Iraq, Libya, Iran, Syria, North Korea, or Sudan, or to the
government of any nation which the President determines
harbored or is harboring, or provided or is providing fi-
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nancing for, individuals or organizations involved in the
September 11, 2001 terrorist attacks in the United States,
unless the President of the United States certifies that the
withholding of these funds is contrary to the national inter-
est of the United States.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 524. Prior to providing excess Department of De-
fense articles in accordance with section 516(a) of the For-
eign Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees pur-
suant to subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under
the Arms Export Control Act, the Department of Defense
shall notify the Committees on Appropriations in accord-
ance with the regular notification procedures of such Com-
mittees if such defense articles are significant military
equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required
elsewhere in this Act for the use of appropriated funds for
specific countries that would receive such excess defense ar-
ticles: Provided further, That such Committees shall also be
informed of the original acquisition cost of such defense ar-
ticles.