H. R. 2506—16
prior to the obligation of funds for the Comprehensive Nuclear
Test Ban Treaty Preparatory Commission: Provided further, That
of this amount not to exceed $14,000,000, to remain available until
expended, may be made available for the Nonproliferation and
Disarmament Fund, notwithstanding any other provision of law,
to promote bilateral and multilateral activities relating to non-
proliferation and disarmament: Provided further, That such funds
may also be used for such countries other than the Independent
States of the former Soviet Union and international organizations
when it is in the national security interest of the United States
to do so following consultation with the appropriate committees
of Congress: Provided further, That funds appropriated under this
heading may be made available for the International Atomic Energy
Agency only if the Secretary of State determines (and so reports
to the Congress) that Israel is not being denied its right to partici-
pate in the activities of that Agency: Provided further, That of
the funds made available for demining and related activities, not
to exceed $500,000, in addition to funds otherwise available for
such purposes, may be used for administrative expenses related
to the operation and management of the demining program.
DEPARTMENT OF THE TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961 (relating to international
affairs technical assistance activities), $6,500,000, to remain avail-
able until expended, which shall be available notwithstanding any
other provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as
the President may determine, for which funds have been appro-
priated or otherwise made available for programs within the Inter-
national Affairs Budget Function 150, including the cost of selling,
reducing, or canceling amounts owed to the United States as a
result of concessional loans made to eligible countries, pursuant
to parts IV and V of the Foreign Assistance Act of 1961, and
of modifying concessional credit agreements with least developed
countries, as authorized under section 411 of the Agricultural Trade
Development and Assistance Act of 1954, as amended, and
concessional loans, guarantees and credit agreements, as authorized
under section 572 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1989 (Public Law 100–
461), and of canceling amounts owed, as a result of loans or guaran-
tees made pursuant to the Export-Import Bank Act of 1945, by
countries that are eligible for debt reduction pursuant to title V
of H.R. 3425 as enacted into law by section 1000(a)(5) of Public
Law 106–113, $229,000,000, to remain available until expended:
Provided, That not less than $5,000,000 of the funds appropriated
under this heading shall be made available to carry out the provi-
sions of part V of the Foreign Assistance Act of 1961, and up
to $20,000,000 of unobligated balances of funds available under
this heading from prior year appropriations acts should be made
available to carry out such provisions: Provided further, That funds
H. R. 2506—17
appropriated or otherwise made available under this heading in
this Act may be used by the Secretary of the Treasury to pay
to the Heavily Indebted Poor Countries (HIPC) Trust Fund adminis-
tered by the International Bank for Reconstruction and Develop-
ment amounts for the benefit of countries that are eligible for
debt reduction pursuant to title V of H.R. 3425 as enacted into
law by section 1000(a)(5) of Public Law 106–113: Provided further,
That amounts paid to the HIPC Trust Fund may be used only
to fund debt reduction under the enhanced HIPC initiative by—
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State has
credible evidence that the government of such country is engaged
in a consistent pattern of gross violations of internationally recog-
nized human rights or in military or civil conflict that undermines
its ability to develop and implement measures to alleviate poverty
and to devote adequate human and financial resources to that
end: Provided further, That on the basis of final appropriations,
the Secretary of the Treasury shall consult with the Committees
on Appropriations concerning which countries and international
financial institutions are expected to benefit from a United States
contribution to the HIPC Trust Fund during the fiscal year: Pro-
vided further, That the Secretary of the Treasury shall inform
the Committees on Appropriations not less than 15 days in advance
of the signature of an agreement by the United States to make
payments to the HIPC Trust Fund of amounts for such countries
and institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction through
the HIPC Trust Fund only for the benefit of countries that—
(a) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institution to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ‘‘enclave’’ loans;
and
(b) have documented and demonstrated their commitment
to redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote eco-
nomic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of section
411 of the Agricultural Trade Development and Assistance Act
of 1954 shall not apply to funds appropriated under this heading:
Provided further, That none of the funds made available under
this heading in this or any other appropriations Acts shall be
made available for Sudan or Burma unless the Secretary of
Treasury determines and notifies the Committees on Appropriations
that a democratically elected government has taken office.
H. R. 2506—18
TITLE III—MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $70,000,000, of which
up to $3,000,000 may remain available until expended: Provided,
That the civilian personnel for whom military education and
training may be provided under this heading may include civilians
who are not members of a government whose participation would
contribute to improved civil-military relations, civilian control of
the military, or respect for human rights: Provided further, That
funds appropriated under this heading for military education and
training for Indonesia and Guatemala may only be available for
expanded international military education and training and funds
made available for Algeria, Indonesia and Guatemala may only
be provided through the regular notification procedures of the
Committees on Appropriations.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control
Act, $3,650,000,000: Provided, That of the funds appropriated under
this heading, not less than $2,040,000,000 shall be available for
grants only for Israel, and not less than $1,300,000,000 shall be
made available for grants only for Egypt: Provided further, That
the funds appropriated by this paragraph for Israel shall be dis-
bursed within 30 days of the enactment of this Act or by October
31, 2001, whichever is later: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel by this paragraph
shall, as agreed by Israel and the United States, be available
for advanced weapons systems, of which not less than $535,000,000
shall be available for the procurement in Israel of defense articles
and defense services, including research and development: Provided
further, That of the funds appropriated by this paragraph, not
less than $75,000,000 shall be made available for assistance for
Jordan: Provided further, That of the funds appropriated by this
paragraph, not less than $3,500,000 should be made available for
assistance for Tunisia: Provided further, That during fiscal year
2002, the President is authorized to, and shall, direct the
drawdowns of defense articles from the stocks of the Department
of Defense, defense services of the Department of Defense, and
military education and training of an aggregate value of not less
than $5,000,000 under the authority of this proviso for Tunisia
for the purposes of part II of the Foreign Assistance Act of 1961:
Provided further, That of the funds appropriated by this paragraph
and under the heading ‘‘International Narcotics Control and Law
Enforcement’’, not less than $2,300,000 shall be made available
for assistance for Thailand, of which not less than $1,000,000 shall
be made available from funds appropriated under the heading
‘‘International Narcotics Control and Law Enforcement’’ and which
shall be in addition to other funds available for such purposes:
Provided further, That of the funds appropriated by this paragraph,
not less than $4,000,000 shall be made available for assistance
H. R. 2506—19
for Armenia: Provided further, That funds appropriated by this
paragraph shall be nonrepayable notwithstanding any requirement
in section 23 of the Arms Export Control Act: Provided further,
That funds made available under this paragraph shall be obligated
upon apportionment in accordance with paragraph (5)(C) of title
31, United States Code, section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurements
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 $35,000,000
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 $348,000,000 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 2002 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 2002 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 or by October 31, 2001, whichever
is later: Provided further, That the ninth proviso under the heading
‘‘Foreign Military Financing Program’’ in title III of the Foreign
Operations, Export Financing, and Related Programs Appropria-
tions Act, 2001, as enacted by Public Law 106–429, is amended
by inserting ‘‘or 2002’’ after ‘‘2001’’.
H. R. 2506—20
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $135,000,000: 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, $100,500,000, to the International Bank for Reconstruction
and Development as trustee for the Global Environment Facility,
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, $792,400,000, to remain available
until expended: Provided, That in negotiating United States partici-
pation in the next replenishment of the International Development
Association, the Secretary of the Treasury shall accord high priority
to providing the International Development Association with the
policy flexibility to provide new grant assistance to countries eligible
for debt reduction under the enhanced HIPC Initiative: Provided
further, That the Secretary of the Treasury should instruct the
United States executive director to the International Bank for
Reconstruction and Development to vote against any water or sew-
age project in India that does not prohibit the use of scavenger
labor.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE
AGENCY
For payment to the Multilateral Investment Guarantee Agency
by the Secretary of the Treasury, $5,000,000, 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 $25,000,000.
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION
For payment to the Inter-American Investment Corporation,
by the Secretary of the Treasury, $18,000,000, for the United States
share of the increase in subscriptions to capital stock, to remain
available until expended.
H. R. 2506—22
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.
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 $126,500 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 $95,000 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’’,
H. R. 2506—23
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
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.
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
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. 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, 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
H. R. 2506—24
Committees on Appropriations of the House of Representatives and
the Senate.
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 subsection may not be used in fiscal year 2002.
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
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 four 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 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 consultations 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
H. R. 2506—25
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
(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’’, ‘‘Operating Expenses of the United States Agency for Inter-
national Development’’, ‘‘Operating Expenses of the United States
Agency for International Development Office of Inspector General’’,
‘‘Nonproliferation, Anti-terrorism, Demining and Related Pro-
grams’’, ‘‘Foreign Military Financing Program’’, ‘‘International Mili-
tary Education and Training’’, ‘‘Peace Corps’’, and ‘‘Migration and
Refugee Assistance’’, shall be available for obligation for activities,
H. R. 2506—26
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to
the Appropriations Committees for obligation under any of these
specific headings unless the Appropriations Committees 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 pre-
viously 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 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 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 pursu-
ant 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, 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 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.
H. R. 2506—27
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
the regular notification procedures of the Committees on Appropria-
tions.
(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 Assistance Act of 1961.
(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 returning 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 appro-
priations 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 Coordinator for United States Assistance to the
New Independent States and the implementing agency shall encour-
age the participation of and give significant weight to contractors
and grantees who propose investing a significant amount of their
own resources (including volunteer services and in-kind contribu-
tions) 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 abortions 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
H. R. 2506—28
Assistance Act of 1961, as amended, may be used to pay for the
performance of involuntary sterilization as a method of family plan-
ning 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 involun-
tary sterilizations.
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, pro-
grams, and activities for which the funds in such receiving account
may be used, but no such appropriation, except as otherwise specifi-
cally 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
Committees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated by this Act shall
be obligated or expended for Colombia, Haiti, Liberia, Serbia,
Sudan, Zimbabwe, Pakistan, or the Democratic Republic of the
Congo except as provided through the regular notification proce-
dures of the Committees on Appropriations.
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 ear-
marks, 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 assistance
accounts of the United States Agency for International Development
‘‘program, project, and activity’’ shall also be considered to include
central program level funding, either as: (1) justified to the Con-
gress; or (2) allocated 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 available by
this Act for assistance under the heading ‘‘Child Survival and
Health Programs Fund’’, may be used to reimburse United States
H. R. 2506—29
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 $3,000,000 of the funds made avail-
able 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 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: Provided
further, That of the funds appropriated under title II of this Act,
$446,500,000 shall be made available for family planning/reproduc-
tive health.
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, 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 Defense 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:
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 Committees
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 articles: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.
AUTHORIZATION REQUIREMENT
SEC. 525. Funds appropriated by this Act, except funds appro-
priated under the headings ‘‘Peace Corps’’ and ‘‘Trade and Develop-
ment Agency’’, may be obligated and expended notwithstanding
H. R. 2506—30
section 10 of Public Law 91–672 and section 15 of the State Depart-
ment Basic Authorities Act of 1956.
DEMOCRACY PROGRAMS
SEC. 526. (a) Funds appropriated by this Act that are provided
to the National Endowment for Democracy may be made available
notwithstanding any other provision of law or regulation: Provided,
That notwithstanding any other provision of law, of the funds
appropriated by this Act to carry out provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, not less than
$10,000,000 shall be made available for assistance for activities
to support democracy, human rights, and the rule of law in the
People’s Republic of China, of which not less than $5,000,000 should
be made available for the Human Rights and Democracy Fund
of the Bureau of Democracy, Human Rights and Labor, Department
of State, for such activities, and of which 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 sustainable development
and environmental conservation in Tibetan communities in Tibet:
Provided further, That funds made available pursuant to the
authority of this section for programs, projects, and activities in
the People’s Republic of China shall be subject to the regular
notification procedures of the Committees on Appropriations.
(b) In addition to the funds made available in subsection (a),
of the funds appropriated by this Act under the heading ‘‘Economic
Support Fund’’, not less than $10,000,000 should be made available
for programs and activities to foster democracy, human rights,
press freedoms, women’s development, and the rule of law in coun-
tries with a significant Muslim population, and where such pro-
grams and activities would be important to United States efforts
to respond to, deter, or prevent acts of international terrorism:
Provided, That funds made available pursuant to the authority
of this subsection should support new initiatives or bolster ongoing
programs and activities in those countries: Provided further, That
not less than $6,000,000 of such funds should be made available
for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights and Labor, Department of State, and
not less than $4,000,000 of such funds should be made available
to a private, non-profit organization authorized by Congress to
strengthen democratic institutions worldwide through nongovern-
mental efforts: Provided further, That funds made available pursu-
ant to the authority of this subsection 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 assistance under
any heading of this Act and funds appropriated under any such
heading in a provision of law enacted 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.