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mental and international organizations, section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution
to the International Atomic Energy Agency (IAEA) and a
voluntary contribution to the Korean Peninsula Energy De-
velopment Organization (KEDO), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission: Provided, That the Secretary of
State shall inform the Committees on Appropriations at
least 10 days prior to the obligation of funds for the Com-
prehensive Nuclear Test Ban Treaty Preparatory Commis-
sion: 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 pro-
mote 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 secu-
rity interest of the United States to do so following con-
sultation with the appropriate committees of Congress: Pro-
vided 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
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right to participate in the activities of that Agency: Pro-
vided further, That of the funds appropriated under this
heading, $40,000,000 should be made available for
demining, clearance of unexploded ordnance, and related
activities: Provided further, That of the funds made avail-
able 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:
Provided further, That of the funds appropriated under this
heading, $3,500,000 should be made available to support
the Small Arms Destruction Initiative.
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),
$6,000,000, to remain available until expended, which shall
be available notwithstanding any other provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congres-
sional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which
funds have been appropriated or otherwise made available
for programs within the International Affairs Budget Func-
tion 150, including the cost of selling, reducing, or canceling
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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 de-
veloped 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 Pro-
grams Appropriations Act, 1989 (Public Law 100–461),
and of canceling amounts owed, as a result of loans or guar-
antees made pursuant to the Export-Import Bank Act of
1945, by countries that are eligible for debt reduction pursu-
ant to title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106–113, $235,000,000, to re-
main available until expended: Provided, That not less than
$11,000,000 of the funds appropriated under this heading
shall be made available to carry out the provisions of part
V of the Foreign Assistance Act of 1961, and up to
$14,000,000 of unobligated balance of funds available under
this heading from prior year appropriations acts should be
made available to carry out such provisions: Provided fur-
ther, That funds 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 Coun-
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tries (HIPC) Trust Fund administered by the International
Bank for Reconstruction and Development amounts for the
benefit of countries that are eligible for debt reduction pur-
suant 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 In-
tegration:
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 viola-
tions of internationally recognized human rights or in mili-
tary 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: Pro-
vided further, That on the basis of final appropriations, the
Secretary of the Treasury shall consult with the Committees
on Appropriations concerning which countries and inter-
national financial institutions are expected to benefit from
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a United States contribution to the HIPC Trust Fund dur-
ing the fiscal year: Provided further, That the Secretary of
the Treasury shall inform the Committees on Appropria-
tions 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 coun-
tries that—
(a) have committed, for a period of 24 months,
not to accept new market-rate loans from the inter-
national financial institution receiving debt repay-
ment 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 economic growth that
are additional to or expand upon those previously
available for such purposes:
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Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and As-
sistance 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 deter-
mines and notifies the Committees on Appropriations that
a democratically elected government has taken office: Pro-
vided further, That the authority provided by section 572
of Public Law 100–461 may be exercised only with respect
to countries that are eligible to borrow from the Inter-
national Development Association, but not from the Inter-
national Bank for Reconstruction and Development, com-
monly referred to as ‘‘IDA-only’’ countries.
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,
$75,000,000, of which up to $5,000,000 may remain avail-
able 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 mem-
bers of a government whose participation would contribute
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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 Zimbabwe, Indonesia and Gua-
temala may only be available for expanded international
military education and training and funds made available
for Zimbabwe, Cote D’Ivoire, The Gambia, the Democratic
Republic of the Congo, Algeria, Indonesia and Guatemala
may only be provided through the regular notification pro-
cedures of the Committees on Appropriations.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the Presi-
dent to carry out the provisions of section 23 of the Arms
Export Control Act, $3,674,000,000: 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 disbursed
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 pro-
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curement 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 Jor-
dan: Provided further, That of the funds appropriated by
this paragraph, not less than $10,000,000 shall be made
available for assistance for Tunisia: Provided further, That
during fiscal year 2002, the President is authorized to, and
shall, direct the draw-downs of defense articles from the
stocks of the Department of Defense, defense services of the
Department of Defense, and military education and train-
ing 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 and any
amount so directed shall count toward meeting the earmark
in the preceding proviso: Provided further, That funds ap-
propriated by this paragraph shall be nonrepayable not-
withstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That funds made
available under this paragraph shall be obligated upon ap-
portionment 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 arti-
cles, defense services, or design and construction services
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that are not sold by the United States Government under
the Arms Export Control Act unless the foreign country pro-
posing to make such procurements has first signed an agree-
ment 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, notwithstanding
any other provision of law, for demining, the clearance of
unexploded ordnance, and related activities, and may in-
clude activities implemented through nongovernmental and
international organizations: Provided further, That none of
the funds appropriated under this heading shall be avail-
able for assistance for Guatemala: Provided further, That
only those countries for which assistance was justified for
the ‘‘Foreign Military Sales Financing Program’’ in the fis-
cal 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 Government under the Arms Export Control
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Act: Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary
to make timely payment for defense articles 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 mili-
tary 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 obli-
gated 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 military 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 enact-
ment of this Act or by October 31, 2001, whichever is later.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$140,000,000: Provided, That none of the funds appro-
priated under this heading shall be obligated or expended
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except as provided through the regular notification proce-
dures 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 En-
vironment Facility, $109,500,000, to the International
Bank for Reconstruction and Development as trustee for the
Global Environment Facility, by the Secretary of the Treas-
ury, to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
ASSOCIATION
For payment to the International Development Asso-
ciation by the Secretary of the Treasury, $775,000,000, to
remain available until expended: Provided, That in negoti-
ating United States participation 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 eligi-
ble for debt reduction under the enhanced HIPC Initiative:
Provided further, That the Secretary of the Treasury shall
instruct the United States executive director to the Inter-
national Bank for Reconstruction and Development to vote
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against any water or sewage 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, $9,500,000, 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 Invest-
ment 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 ex-
ceed $50,000,000.
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT
CORPORATION
For payment to the Inter-American Investment Cor-
poration, by the Secretary of the Treasury, $20,000,000, for
the United States share of the increase in subscriptions to
capital stock, to remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary
of the Treasury to the increase in resources of the Asian
Development Fund, as authorized by the Asian Develop-
ment Bank Act, as amended, $103,017,050, to remain
available until expended.
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CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the
Secretary of the Treasury, $5,100,000, 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 African Develop-
ment Bank may subscribe without fiscal year limitation for
the callable capital portion of the United States share of
such capital stock in an amount not to exceed $79,991,500.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary
of the Treasury to the increase in resources of the African
Development Fund, $100,000,000, to remain available until
expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction
and Development by the Secretary of the Treasury,
$35,778,717, for the United States share of the paid-in por-
tion of the increase in capital stock, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fis-
cal year limitation to the callable capital portion of the
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United States share of such capital stock in an amount not
to exceed $123,237,803.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR
AGRICULTURAL DEVELOPMENT
For the United States contribution by the Secretary
of the Treasury to increase the resources of the International
Fund for Agricultural Development, $20,000,000, to remain
available until expended.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program Par-
ticipation Act of 1973, $217,000,000: Provided, That not
less than a total of $18,000,000 should be made available
for the International Panel on Climate Change, the United
Nations Framework Convention on Climate Change, the
World Conservation Union, the International Tropical
Timber Organization, the Convention on International
Trade in Endangered Species, the Ramsar Convention on
Wetlands, the Convention to Combat Desertification, the
United Nations Forum on Forests, and the Montreal Proc-
ess on Criteria and Indicators for Sustainable Forest Man-
agement: Provided further, That not less than $6,000,000
should be made available to the World Food Program: Pro-
vided further, That of the funds appropriated under this
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heading, not less than $39,000,000 shall be made available
for the United Nations Fund for Population Activities
(UNFPA): Provided further, That none of the funds appro-
priated under this heading that are made available to
UNFPA shall be made available for activities in the Peo-
ple’s Republic of China: Provided further, That with respect
to any funds appropriated under this heading that are
made available to UNFPA, UNFPA shall be required to
maintain such funds in a separate account and not com-
mingle them with any other funds: Provided further, That
none of the funds appropriated under this heading may be
made available to the Korean Peninsula Energy Develop-
ment Organization (KEDO) or the International Atomic
Energy Agency (IAEA).
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 appropriation 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 other-
wise made available by this Act for development assistance
may be made available to any United States private and
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voluntary organization, except any cooperative development
organization, which obtains less than 20 percent of its total
annual funding for international activities from sources
other than the United States Government: Provided, That
the Administrator of the United States Agency for Inter-
national Development, after informing the Committees on
Appropriations, may, on a case-by-case basis, waive the re-
striction contained in this subsection, after taking into ac-
count the effectiveness of the overseas development activities
of the organization, its level of volunteer support, its finan-
cial 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 dollars.
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LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for enter-
tainment expenses of the United States Agency for Inter-
national 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 avail-
able for representation allowances for 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: Provided further, That of the funds made available by
this Act for general costs of administering military assist-
ance and sales under the heading ‘‘Foreign Military Fi-
nancing Program’’, not to exceed $2,000 shall be available
for entertainment expenses and not to exceed $100,000 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 entertainment
allowances: Provided further, That of the funds made avail-
able by this Act for the Inter-American Foundation, not to
exceed $2,000 shall be available for entertainment and rep-
resentation allowances: Provided further, That of the funds
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made available by this Act for the Peace Corps, not to exceed
a total of $4,000 shall be available for entertainment ex-
penses: Provided further, That of the funds made available
by this Act under the heading ‘‘Trade and Development
Agency’’, not to exceed $2,000 shall be available for rep-
resentation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made
available (other than funds for ‘‘Nonproliferation, Anti-ter-
rorism, 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 fi-
nance 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
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expended to finance directly any assistance to any country
whose duly elected head of government is deposed by decree
or military coup: Provided, That assistance may be re-
sumed to such country if the President determines and re-
ports to the Committees on Appropriations that subsequent
to the termination of assistance a democratically elected
government has taken office.
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 spe-
cifically 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 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 cur-
rent fiscal year are, if deobligated, hereby continued avail-
able 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 sub-
section may not be used in fiscal year 2002.
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AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in
this Act shall remain available for obligation after the expi-
ration of the current fiscal year unless expressly so provided
in this Act: Provided, That funds appropriated for the pur-
poses 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 East-
ern 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 provi-
sion 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 inter-
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est 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 production 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 ca-
pacity is expected to become operative and if the assistance
will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That
such prohibition shall not apply to the Export-Import Bank
if in the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely
to outweigh the injury to United States producers of the
same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations.
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(b) None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assist-
ance Act of 1961 shall be available for any testing or breed-
ing feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connec-
tion with the growth or production in a foreign country
of an agricultural commodity for export which would com-
pete 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 developing countries where such activities will not
have a significant impact in the export of agricul-
tural commodities of the United States; or
(2) research activities intended primarily to ben-
efit American 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 Inter-
national Development Association, the International Fi-
nance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development
Bank, the Inter-American Investment Corporation, the
North American Development Bank, the European Bank for
Reconstruction and Development, the African Development
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Bank, and the African Development Fund to use the voice
and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made avail-
able 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 substan-
tial injury to United States producers of the same, similar,
or competing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. (a) For the purposes of providing the execu-
tive 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’’, 
‘‘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 Operations’’, ‘‘Operating Expenses
of the United States Agency for International Develop-
ment’’, ‘‘Operating Expenses of the United States Agency
for International Development Office of Inspector General’’,
‘‘Nonproliferation, Anti-terrorism, Demining and Related
Programs’’, ‘‘Foreign Military Financing Program’’,
‘‘International Military Education and Training’’, ‘‘Peace
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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 Ap-
propriations 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 ammu-
nition, 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 reprogram-
ming 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 Con-
gress for obligation for such activity, program, or project
for the current fiscal year: Provided further, That the re-
quirements 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
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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 ap-
propriate 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 necessi-
tating such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an expla-
nation of the emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2) of
the Foreign Assistance Act of 1961 shall be subject to the
regular notification procedures of the Committees on Appro-
priations.
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 financing,
and related programs, which are returned or not made
available for organizations and programs because of the im-
plementation of section 307(a) of the Foreign Assistance Act
of 1961, shall remain available for obligation until Sep-
tember 30, 2003.
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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—
(1) unless that government is making progress in
implementing comprehensive economic reforms based
on market principles, private ownership, respect for
commercial contracts, and equitable treatment of for-
eign 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 as-
sets, 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 Soviet
Union’’ shall be made available for assistance for a govern-
ment 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
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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.
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
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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.
(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-
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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.
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
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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 $14,500,000 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-
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-
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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, unless
the President of the United States certifies that the with-
holding 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 De-
fense articles in accordance with section 516(a) of the For-
eign Assistance Act of 1961, the Department of Defense shall
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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.
AUTHORIZATION REQUIREMENT
SEC. 525. Funds appropriated by this Act, except
funds appropriated under the headings ‘‘Peace Corps’’ and
‘‘Trade and Development Agency’’, may be obligated and
expended notwithstanding 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
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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 the People’s Re-
public of China for activities to support democracy and the
rule of law in that country, of which not to exceed
$2,500,000 may be made available to nongovernmental or-
ganizations located outside the People’s Republic of China
to support activities which preserve cultural traditions and
promote sustainable development and environmental con-
servation in Tibetan communities in Tibet: Provided fur-
ther, That notwithstanding any other provision of law or
regulation, funds appropriated by this or any other Act
making appropriations pursuant to part I of the Foreign
Assistance Act of 1961 that are available for the United
States-Asia Environmental Partnership, may be made
available for activities in the People’s Republic of China:
Provided further, That funds made available pursuant to
the authority of this section for programs, projects, and ac-
tivities in the People’s Republic of China shall be subject
to the regular notification procedures of the Committees on
Appropriations.
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PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES
SEC. 527. (a) Funds appropriated for bilateral assist-
ance 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 in-
dividual 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 Fed-
eral Register and, at least 15 days before the waiver takes
effect, shall notify the Committees on Appropriations of the
waiver (including the justification for the waiver) in ac-
cordance with the regular notification procedures of the
Committees on Appropriations.
DEBT-FOR-DEVELOPMENT
SEC. 528. In order to enhance the continued participa-
tion of nongovernmental organizations in economic assist-
ance activities under the Foreign Assistance Act of 1961,
including endowments, debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which
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is a grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts funds made available under this Act or prior Acts
or local currencies which accrue to that organization as a
result of economic assistance provided under title II of this
Act and any interest earned on such investment shall be
used for the purpose for which the assistance was provided
to that organization.
SEPARATE ACCOUNTS
SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL CUR-
RENCIES.—(1) If assistance is furnished to the government
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 generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall—
(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
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(C) establish by agreement with that government
the responsibilities of the United States Agency for
International Development and that government to
monitor and account for deposits into and disburse-
ments from the separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed
upon with the foreign government, local currencies depos-
ited 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
(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 cur-
rencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1)
are used for the purposes agreed upon pursuant to sub-
section (a)(2).
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(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 remain in a
separate account established pursuant to subsection (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 Development
shall report on an annual basis as part of the justification
documents submitted to the Committees on Appropriations
on the use of local currencies for the administrative require-
ments 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 dollar equiva-
lent) used and/or to be used for such purpose in each appli-
cable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1)
If assistance is made available to the government of a for-
eign country, under chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a sepa-
rate account and not commingle them with any other funds.
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(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—
Such funds may be obligated and expended notwithstanding
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 Resolution 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 Appro-
priations, 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 de-
scription 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 Committees
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 in-
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stitution 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 institution at a
rate in excess of the rate provided for an individual occu-
pying 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 Devel-
opment Fund, the African Development Bank, the African
Development Fund, the International Monetary Fund, the
North American Development Bank, and the European
Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 531. None of the funds appropriated or otherwise
made available pursuant to this Act to carry out the For-
eign Assistance Act of 1961 (including title IV of chapter
2 of part I, relating to the Overseas Private Investment Cor-
poration) or the Arms Export Control Act may be used to
provide assistance to any country that is not in compliance
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with the United Nations Security Council 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 humani-
tarian assistance for foreign nationals who have fled
Iraq and Kuwait.
AUTHORITIES
FOR
THE
PEACE
CORPS, INTERNATIONAL
FUND
FOR
AGRICULTURE
DEVELOPMENT, 
INTER-
AMERICAN FOUNDATION AND AFRICAN DEVELOPMENT
FOUNDATION
SEC. 532. (a) Unless expressly provided to the con-
trary, provisions of this or any other Act, including provi-
sions contained in prior Acts authorizing or making appro-
priations for foreign operations, export financing, and re-
lated programs, shall not be construed to prohibit activities
authorized 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.
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(b) Unless expressly provided to the contrary, limita-
tions on the availability of funds for ‘‘International Orga-
nizations and Programs’’ in this or any other Act, includ-
ing prior appropriations Acts, shall not be construed to be
applicable to the International Fund for Agriculture Devel-
opment.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 533. None of the funds appropriated by this Act
may be obligated or expended to provide—
(a) 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 induce-
ment is likely to reduce the number of employees of
such business enterprise in the United States because
United States production is being replaced by such
enterprise outside the United States; or
(b) 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
application of this subsection should be commensurate
with the level of development of the recipient country
and sector, the provisions of this subsection shall not
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preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and
smallholder agriculture.
SPECIAL AUTHORITIES
SEC. 534. (a) AFGHANISTAN, LEBANON, MONTENEGRO,
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 Cambodia 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 Cooperation Act of 1985.
(b) TROPICAL FORESTRY
AND BIODIVERSITY CON-
SERVATION ACTIVITIES.—Funds appropriated by this Act
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 biodiver-
sity conservation activities and energy programs aimed at
reducing greenhouse gas emissions: Provided, That such as-
sistance shall be subject to sections 116, 502B, and 620A
of the Foreign Assistance Act of 1961.
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(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 Assist-
ance 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 Development 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 ex-
panded overseas programs and activities and managed by
the agency until permanent direct hire personnel are hired
and trained: Provided, That not more than 10 of such con-
tractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out the For-
eign Assistance Act of 1961 may be made available for per-
sonal services contractors assigned only to the Office of
Health and Nutrition; the Office of Procurement; the Bu-
reau for Africa; the Bureau for Latin America and the Car-
ibbean; the Bureau for Asia and the Near East; and for
the Global Development Alliance initiative: Provided fur-
ther, 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 con-
tractors assigned to the Office of Food for Peace.
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(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 waiv-
er 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) SPECIAL AUTHORITY.—During fiscal year 2002,
the President may use up to $35,000,000 under the author-
ity of section 451 of the Foreign Assistance Act, notwith-
standing 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—
(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;
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(3) the fact that only three Arab countries main-
tain full diplomatic relations with Israel is also of
deep concern;
(4) the Arab League should immediately rescind
its decision on the boycott and its members should de-
velop 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
boycott of Israel and the secondary and tertiary
boycotts of American firms that have commercial
relations with Israel when determining whether
to sell weapons to said country;
(C) report to Congress annually on the spe-
cific steps being taken by the United States and
the progress achieved to bring about a public re-
nunciation of the Arab primary boycott of Israel
and the secondary and tertiary boycotts of Amer-
ican firms that have commercial relations with
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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 boycott
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’’, assist-
ance may be provided to strengthen the administration of
justice in countries in Latin America and the Caribbean
and in other regions consistent with the provisions of sec-
tion 534(b) of the Foreign Assistance Act of 1961, except
that programs to enhance protection of participants in ju-
dicial cases may be conducted notwithstanding section 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 For-
eign 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 ap-
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propriated by this Act to carry out the provisions of chap-
ters 1, 10, 11, and 12 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961, and from funds ap-
propriated under the heading ‘‘Assistance for Eastern Eu-
rope and the Baltic States’’: Provided, That the President
shall take into consideration, in any case in which a restric-
tion on assistance would be applicable but for this sub-
section, whether assistance in support of programs of non-
governmental organizations is in the national interest of
the United States: Provided further, That before using the
authority of this subsection to furnish assistance in support
of programs of nongovernmental organizations, the Presi-
dent shall notify the Committees on Appropriations under
the regular notification procedures of those committees, in-
cluding a description of the program to be assisted, the as-
sistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this sub-
section shall be construed to alter any existing statutory
prohibitions against abortion 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 restrict
assistance under the Agricultural Trade Development and
Assistance Act of 1954: Provided, That none of the funds
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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 regular notifica-
tion procedures of the Committees on Appropriations.
(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 support
international terrorism; or
(2) with respect to section 116 of the Foreign As-
sistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized
human rights.
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 pro-
vided.
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(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 reports
promptly to the Committees on Appropriations that the ter-
mination of assistance to a country or a significant change
in circumstances makes it unlikely that such earmarked
funds can be obligated during the original period of avail-
ability: Provided, That such earmarked funds that are con-
tinued available for an additional fiscal year shall be obli-
gated only for the purpose of such earmark.
CEILINGS AND EARMARKS
SEC. 539. Ceilings and earmarks contained in this Act
shall not be applicable to funds or authorities appropriated
or otherwise made available by any subsequent Act unless
such Act specifically so directs. Earmarks or minimum
funding requirements contained in any other Act shall not
be applicable to funds appropriated by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 540. 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
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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. 541. To the maximum extent practicable, assist-
ance provided under this Act should make full use of Amer-
ican resources, including commodities, products, and serv-
ices.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 542. 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 member
of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assist-
ance Act of 1961, the costs for participation of another
country’s delegation at international conferences held under
the auspices of multilateral or international organizations.
NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION
SEC. 543. 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.
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PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS
THAT
EXPORT
LETHAL
MILITARY
EQUIPMENT
TO
COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
SEC. 544. (a) None of the funds appropriated or other-
wise 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 foreign gov-
ernment shall terminate 12 months after that government
ceases to provide such military equipment. This section ap-
plies with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.
(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 exercised,
the President shall submit to the appropriate congressional
committees a report with respect to the furnishing of such
assistance. Any such report shall include a detailed expla-
nation of the assistance to be provided, including the esti-
mated dollar amount of such assistance, and an expla-
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nation of how the assistance furthers United States national
interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED
BY FOREIGN COUNTRIES
SEC. 545. (a) IN GENERAL.—Of the funds made avail-
able for a foreign country under part I of the Foreign As-
sistance Act of 1961, an amount equivalent to 110 percent
of the total unpaid fully adjudicated parking fines and pen-
alties owed to the District of Columbia and New York City,
New York by such country as of the date of the enactment
of this Act shall be withheld from obligation for such coun-
try until the Secretary of State certifies and reports in writ-
ing to the appropriate congressional committees that such
fines and penalties are fully paid to the governments of the
District of Columbia and New York City, New York.
(b) DEFINITION.—For purposes of this section, the
term ‘‘appropriate congressional committees’’ means the
Committee on Foreign Relations and the Committee on Ap-
propriations of the Senate and the Committee on Inter-
national Relations and the Committee on Appropriations
of the House of Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST
BANK AND GAZA
SEC. 546. None of the funds appropriated by this Act
may be obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the Presi-
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dent has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of Pub-
lic Law 104–107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided, That
if the President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995
or to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank
and Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 547. If the President determines that doing so
will contribute to a just resolution of charges regarding
genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to sec-
tion 552(c) of the Foreign Assistance Act of 1961, as amend-
ed, of up to $35,000,000 of commodities and services for
the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Se-
curity Council or such other tribunals or commissions as
the Council may establish or authorize to deal with such
violations, without regard to the ceiling limitation con-
tained in paragraph (2) thereof: Provided, That the deter-
mination required under this section shall be in lieu of any
determinations otherwise required under section 552(c):
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Provided further, That funds made available for tribunals
other than Yugoslavia or Rwanda shall be made available
subject to the regular notification procedures of the Commit-
tees on Appropriations.
LANDMINES
SEC. 548. Notwithstanding any other provision of law,
demining equipment available to the United States Agency
for International Development and the Department of State
and used in support of the clearance of landmines and
unexploded ordnance for humanitarian purposes may be
disposed of on a grant basis in foreign countries, subject
to such terms and conditions as the President may pre-
scribe: Provided, That section 1365(c) of the National De-
fense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 22 U.S.C., 2778 note) is amended by striking
‘‘During the 11-year period beginning on October 23, 1992’’
and inserting ‘‘During the 16-year period beginning on Oc-
tober 23, 1992’’.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
SEC. 549. None of the funds appropriated by this Act
may be obligated or expended to create in any part of Jeru-
salem a new office of any department or agency of the
United States Government for the purpose of conducting of-
ficial United States Government business with the Pales-
tinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO
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Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided fur-
ther, That meetings between officers and employees of the
United States and officials of the Palestinian Authority, or
any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles, for the purpose
of conducting official United States Government business
with such authority should continue to take place in loca-
tions other than Jerusalem. As has been true in the past,
officers and employees of the United States Government
may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have
incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 550. None of the funds appropriated or otherwise
made available by this Act under the heading ‘‘Inter-
national Military Education and Training’’ or ‘‘Foreign
Military Financing Program’’ for Informational Program
activities or under the headings ‘‘Child Survival and
Health Programs Fund’’, ‘‘Development Assistance’’, and
‘‘Economic Support Fund’’ may be obligated or expended
to pay for—
(1) alcoholic beverages; or
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(2) entertainment expenses for activities that are
substantially of a recreational character, including
entrance fees at sporting events and amusement
parks.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 551. (a) AUTHORITY TO REDUCE DEBT.—The
President may reduce amounts owed to the United States
(or any agency of the United States) by an eligible country
as a result of—
(1) guarantees issued under sections 221 and 222
of the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under
the Arms Export Control Act; or
(3) any obligation or portion of such obligation,
to pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f ) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89–808), or section
202 of the Agricultural Trade Act of 1978, as amend-
ed (Public Law 95–501).
(b) LIMITATIONS.—
(1) The authority provided by subsection (a)
may be exercised only to implement multilateral offi-
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cial debt relief and referendum agreements, commonly
referred to as ‘‘Paris Club Agreed Minutes’’.
(2) The authority provided by subsection (a)
may be exercised only in such amounts or to such ex-
tent as is provided in advance by appropriations
Acts.
(3) The authority provided by subsection (a)
may be exercised only with respect to countries with
heavy debt burdens that are eligible to borrow from
the International Development Association, but not
from the International Bank for Reconstruction and
Development, commonly referred to as ‘‘IDA-only’’
countries.
(c) CONDITIONS.—The authority provided by sub-
section (a) may be exercised only with respect to a country
whose government—
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts
of international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security
forces) does not engage in a consistent pattern of gross
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violations of internationally recognized human rights;
and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) AVAILABILITY OF FUNDS.—The authority provided
by subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ‘‘Debt Restruc-
turing’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc-
tion of debt pursuant to subsection (a) shall not be consid-
ered assistance for purposes of any provision of law lim-
iting assistance to a country. The authority provided by
subsection (a) may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961 or section 321
of the International Development and Food Assistance Act
of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 552. (a) LOANS ELIGIBLE FOR SALE, REDUC-
TION, OR CANCELLATION.—
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL
CERTAIN LOANS.—Notwithstanding any other provi-
sion of law, the President may, in accordance with
this section, sell to any eligible purchaser any
concessional loan or portion thereof made before Jan-
uary 1, 1995, pursuant to the Foreign Assistance Act
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of 1961, to the government of any eligible country as
defined in section 702(6) of that Act or on receipt of
payment from an eligible purchaser, reduce or cancel
such loan or portion thereof, only for the purpose of
facilitating—
(A) debt-for-equity swaps, debt-for-develop-
ment swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not less
than 40 percent of the price paid for such debt
by such eligible country, or the difference between
the price paid for such debt and the face value
of such debt, to support activities that link con-
servation and sustainable use of natural re-
sources with local community development, and
child survival and other child development, in a
manner consistent with sections 707 through 710
of the Foreign Assistance Act of 1961, if the sale,
reduction, or cancellation would not contravene
any term or condition of any prior agreement
relating to such loan.
(2) TERMS AND CONDITIONS.—Notwithstanding
any other provision of law, the President shall, in ac-
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cordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or
canceled pursuant to this section.
(3) ADMINISTRATION.—The Facility, as defined
in section 702(8) of the Foreign Assistance Act of
1961, shall notify the administrator of the agency
primarily responsible for administering part I of the
Foreign Assistance Act of 1961 of purchasers that the
President has determined to be eligible, and shall di-
rect such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such
agency shall make an adjustment in its accounts to
reflect the sale, reduction, or cancellation.
(4) LIMITATION.—The authorities of this sub-
section shall be available only to the extent that ap-
propriations for the cost of the modification, as de-
fined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—The proceeds from the
sale, reduction, or cancellation of any loan sold, reduced,
or canceled pursuant to this section shall be deposited in
the United States Government account or accounts estab-
lished for the repayment of such loan.
(c) ELIGIBLE PURCHASERS.—A loan may be sold pur-
suant to subsection (a)(1)(A) only to a purchaser who pre-
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sents plans satisfactory to the President for using the loan
for the purpose of engaging in debt-for-equity swaps, debt-
for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to any
eligible purchaser, or any reduction or cancellation pursu-
ant to this section, of any loan made to an eligible country,
the President should consult with the country concerning
the amount of loans to be sold, reduced, or canceled and
their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority provided
by subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ‘‘Debt Restruc-
turing’’.
HAITI COAST GUARD
SEC. 553. The Government of Haiti shall be eligible
to purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.), for the Coast
Guard: Provided, That the authority provided by this sec-
tion shall be subject to the regular notification procedures
of the Committees on Appropriations.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN
AUTHORITY
SEC. 554. (a) PROHIBITION OF FUNDS.—None of the
funds appropriated by this Act to carry out the provisions
of chapter 4 of part II of the Foreign Assistance Act of 1961
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may be obligated or expended with respect to providing
funds to the Palestinian Authority.
(b) WAIVER.—The prohibition included in subsection
(a) shall not apply if the President certifies in writing to
the Speaker of the House of Representatives and the Presi-
dent pro tempore of the Senate that waiving such prohibi-
tion is important to the national security interests of the
United States.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiv-
er pursuant to subsection (b) 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.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 555. None of the funds made available by this
Act may be provided to any unit of the security forces of
a foreign country if the Secretary of State has credible evi-
dence that such unit has committed gross violations of
human rights, unless the Secretary determines and reports
to the Committees on Appropriations that the government
of such country is taking effective measures to bring the re-
sponsible members of the security forces unit to justice: Pro-
vided, That nothing in this section shall be construed to
withhold funds made available by this Act from any unit
of the security forces of a foreign country not credibly al-
leged to be involved in gross violations of human rights:
Provided further, That in the event that funds are withheld
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from any unit pursuant to this section, the Secretary of
State shall promptly inform the foreign government of the
basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security
forces to justice.
GREENHOUSE GAS EMISSIONS REPORT
SEC. 556. Not later than the date on which the Presi-
dent’s fiscal year 2003 budget request is submitted to Con-
gress, the President shall submit a report to the Committees
on Appropriations describing in detail the following—
(1) all Federal agency obligations and expendi-
tures, domestic and international, for climate change
programs and activities in fiscal year 2002, including
an accounting of expenditures by agency with each
agency identifying climate change activities and asso-
ciated costs by line item as presented in the Presi-
dent’s Budget Appendix;
(2) all fiscal year 2001 expenditures and fiscal
year 2002 projected expenditures by the United States
Agency for International Development to assist devel-
oping countries and countries in transition in adopt-
ing and implementing policies to measure, monitor,
report, verify, and reduce greenhouse gas emissions,
and to meet their responsibilities under the Frame-
work Convention on Climate Change;
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(3) all funds requested for fiscal year 2003 by the
United States Agency for International Development
to promote the measurement, monitoring, reporting,
verification, and reduction of greenhouse gas emis-
sions reductions, to promote the transfer and deploy-
ment of United States clean energy technologies and
carbon capture and sequestration measures, and to
develop assessments of the vulnerability to impacts of
climate change and response strategies; and
(4) all fiscal year 2002 obligations and expendi-
tures by the United States Agency for International
Development for climate change programs and activi-
ties by country or central program and activity.
ZIMBABWE
SEC. 557. The Secretary of the Treasury shall instruct
the United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans, to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule
of law has been restored in Zimbabwe, including respect
for ownership and title to property, freedom of speech and
association.
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CENTRAL AMERICA RELIEF AND RECONSTRUCTION
SEC. 558. Funds made available to the Comptroller
General pursuant to title I, chapter 4 of Public Law 106–
31, to monitor the provision of assistance to address the
effects of hurricanes in Central America and the Caribbean
and the earthquake in Colombia, shall also be available to
the Comptroller General to monitor earthquake relief and
reconstruction efforts in El Salvador.
ENTERPRISE FUND RESTRICTIONS
SEC. 559. Prior to the distribution of any assets result-
ing from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance
with the regular notification procedures of the Committees
on Appropriations, a plan for the distribution of the assets
of the Enterprise Fund.
CAMBODIA
SEC. 560. (a) The Secretary of the Treasury shall in-
struct the United States executive directors of the inter-
national financial institutions to use the voice and vote of
the United States to oppose loans to the Central Govern-
ment of Cambodia, except loans to meet basic human needs.
(b)(1) None of the funds appropriated by this Act may
be made available for assistance for the Central Government
of Cambodia unless the Secretary of State determines and
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reports to the Committees on Appropriations that the Cen-
tral Government of Cambodia—
(A) is making significant progress in resolving
outstanding human rights cases, including the 1994
grenade attack against the Buddhist Liberal Demo-
cratic Party, and the 1997 grenade attack against the
Khmer Nation Party;
(B) has held local elections that are deemed free
and fair by international and local election monitors;
and
(C) is making significant progress in the protec-
tion, management, and conservation of the environ-
ment and natural resources, including in the promul-
gation and enforcement of laws and policies to protect
forest resources.
(2) A determination by the Secretary of State under
paragraph (1) shall cease to be effective if it becomes known
to the Secretary that the Central Government of Cambodia
is no longer making significant progress under subpara-
graph (A) or (C).
(3) In the event the Secretary of State makes the deter-
mination under paragraph (1), assistance may be made
available to the Central Government of Cambodia only
through the regular notification procedures of the Commit-
tees on Appropriations.
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FOREIGN MILITARY TRAINING REPORT
SEC. 561. (a) The Secretary of Defense and the Sec-
retary of State shall jointly provide to the Congress by
March 1, 2002, a report on all military training provided
to foreign military personnel (excluding sales, and exclud-
ing training provided to the military personnel of countries
belonging to the North Atlantic Treaty Organization) under
programs administered by the Department of Defense and
the Department of State during fiscal years 2001 and 2002,
including those proposed for fiscal year 2002. This report
shall include, for each such military training activity, the
foreign policy justification and purpose for the training ac-
tivity, the cost of the training activity, the number of for-
eign students trained and their units of operation, and the
location of the training. In addition, this report shall also
include, with respect to United States personnel, the oper-
ational benefits to United States forces derived from each
such training activity and the United States military units
involved in each such training activity. This report may
include a classified annex if deemed necessary and appro-
priate.
(b) For purposes of this section a report to Congress
shall be deemed to mean a report to the Appropriations and
Foreign Relations Committees of the Senate and the Appro-
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priations and International Relations Committees of the
House of Representatives.
KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION
SEC. 562. (a) Of the funds made available under the
heading ‘‘Nonproliferation, Anti-terrorism, Demining and
Related Programs’’, not to exceed $95,000,000 may be made
available for the Korean Peninsula Energy Development
Organization (hereafter referred to in this section as
‘‘KEDO’’), notwithstanding any other provision of law,
only for the administrative expenses and heavy fuel oil costs
associated with the Agreed Framework.
(b) Such funds may be made available for KEDO only
if, 30 days prior to such obligation of funds, the President
certifies and so reports to Congress that—
(1) the parties to the Agreed Framework have
taken and continue to take demonstrable steps to im-
plement the Joint Declaration on Denuclearization of
the Korean Peninsula;
(2) North Korea is complying with all provisions
of the Agreed Framework; and
(3) the United States is continuing to make sig-
nificant progress on eliminating the North Korean
ballistic missile threat, including further missile tests
and its ballistic missile exports.
(c) The President may waive the certification require-
ments of subsection (b) if the President determines that it
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is vital to the national security interests of the United
States and provides written policy justifications to the ap-
propriate congressional committees. No funds may be obli-
gated for KEDO until 15 days after submission to Congress
of such waiver.
(d) The Secretary of State shall, at the time of the an-
nual presentation for appropriations, submit a report pro-
viding a full and detailed accounting of the fiscal year 2003
request for the United States contribution to KEDO, the
expected operating budget of KEDO, proposed annual costs
associated with heavy fuel oil purchases, including unpaid
debt, and the amount of funds pledged by other donor na-
tions and organizations to support KEDO activities on a
per country basis, and other related activities.
(e) The final proviso under the heading ‘‘International
Organizations and Programs’’ in the Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 1996 (Public Law 104–107) is repealed.
COLOMBIA
SEC. 563. (a) DETERMINATION AND CERTIFICATION
REQUIRED.—Notwithstanding any other provision of law,
funds appropriated by this Act or prior Acts making appro-
priations for foreign operations, export financing, and re-
lated programs, may be made available for assistance for
the Colombian Armed Forces only if the Secretary of State
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(3) the Colombian Armed Forces are taking effec-
tive measures to sever links (including by denying ac-
cess to military intelligence, vehicles, and other equip-
ment or supplies, and ceasing other forms of active or
tacit cooperation), at the command, battalion, and
brigade levels, with paramilitary groups, and to exe-
cute outstanding arrest warrants for members of such
groups.
(c) CONSULTATIVE PROCESS.—Ten days prior to mak-
ing the determination and certification required by this sec-
tion, and every 120 days thereafter, the Secretary of State
shall consult with internationally recognized human rights
organizations regarding progress in meeting the conditions
contained in subsection (b).
(d) REPORT.—One hundred and twenty days after the
enactment of this Act, and every 120 days thereafter, the
Secretary of State shall submit a report to the Committees
on Appropriations describing actions taken by the Colom-
bian Armed Forces to meet the requirements set forth in
subparagraphs (b)(1) through (3); and
(e) DEFINITIONS.—In this section:
(1) AIDED OR ABETTED.—The term ‘‘aided or
abetted’’ means to provide any support to para-
military groups, including taking actions which
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allow, facilitate, or otherwise foster the activities of
such groups.
(2) PARAMILITARY GROUPS.—The term ‘‘para-
military groups’’ means illegal self-defense groups
and illegal security cooperatives.
ILLEGAL ARMED GROUPS
SEC. 564. (a) DENIAL OF VISAS TO SUPPORTERS OF
COLOMBIAN ILLEGAL ARMED GROUPS.—Subject to sub-
section (b), the Secretary of State shall not issue a visa to
any alien who the Secretary determines, based on credible
evidence—
(1) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), or the United Self-
Defense Forces of Colombia (AUC), including taking
actions or failing to take actions which allow, facili-
tate, or otherwise foster the activities of such groups;
or
(2) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross vio-
lations of human rights, including extra-judicial
killings, in Colombia.
(b) WAIVER.—Subsection (a) shall not apply if the
Secretary of State determines and certifies to the appro-
priate congressional committees, on a case-by-case basis,
that the issuance of a visa to the alien is necessary to sup-
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port the peace process in Colombia or for urgent humani-
tarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN
BROADCASTING CORPORATION
SEC. 565. None of the funds appropriated or otherwise
made available by this Act may be used to provide equip-
ment, technical support, consulting services, or any other
form of assistance to the Palestinian Broadcasting Corpora-
tion.
IRAQ
SEC. 566. Notwithstanding any other provision of law,
funds appropriated under the heading ‘‘Economic Support
Fund’’ may be made available for programs benefitting the
Iraqi people and to support efforts to bring about a demo-
cratic transition in Iraq: Provided, That funds may be
made available through the Iraqi National Congress Sup-
port Foundation or the Iraqi National Congress only if the
Inspector General of the Department of State determines
and certifies to the Committees on Appropriations that such
organizations are implementing adequate and transparent
financial controls to ensure that funds are used exclusively
for the purposes of this section, and that not more than 14
percent of the funds is used for administrative expenses, in-
cluding expenditures for salaries, office rent and equipment.
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WEST BANK AND GAZA PROGRAM
SEC. 567. For fiscal year 2002, 30 days prior to the
initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the
appropriate committees of Congress that procedures have
been established to assure the Comptroller General of the
United States will have access to appropriate United States
financial information in order to review the uses of United
States assistance for the Program funded under the heading
‘‘Economic Support Fund’’ for the West Bank and Gaza.
INDONESIA
SEC. 568. (a) Funds appropriated by this Act under
the headings ‘‘International Military Education and
Training’’ and ‘‘Foreign Military Financing Program’’
may be made available for assistance for Indonesian Min-
istry of Defense or military personnel only if the President
determines and submits a report to the appropriate congres-
sional committees that the Government of Indonesia and
the Indonesian Armed Forces are—
(1) taking effective measures to bring to justice
members of the armed forces and militia groups
against whom there is credible evidence of human
rights violations in East Timor and Indonesia;
(2) taking effective measures to bring to justice
members of the armed forces against whom there is
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credible evidence of aiding or abetting militia groups
in East Timor and Indonesia;
(3) allowing displaced persons and refugees to
return home to East Timor, including providing safe
passage for refugees returning from West Timor;
(4) not impeding the activities of the United Na-
tions Transitional Authority in East Timor;
(5) demonstrating a commitment to preventing
incursions into East Timor by members of militia
groups in West Timor;
(6) demonstrating a commitment to account-
ability by cooperating with investigations and pros-
ecutions of members of the armed forces and militia
groups responsible for human rights violations in
East Timor and Indonesia;
(7) demonstrating a commitment to civilian con-
trol of the armed forces by having in place a func-
tioning system for reporting to civilian authorities
audits of receipts and expenditures that fund activi-
ties of the armed forces;
(8) allowing United Nations and other inter-
national humanitarian and human rights workers
and observers unimpeded access to West Timor, Aceh,
West Papua, and Maluka; and
(9) releasing political detainees.
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RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS
DESTABILIZING SIERRA LEONE
SEC. 569. (a) None of the funds appropriated by this
Act may be made available for assistance for the govern-
ment of any country for which the Secretary of State deter-
mines there is credible evidence that such government has
provided lethal or non-lethal military support or equip-
ment, directly or through intermediaries, within the pre-
vious 6 months to the Sierra Leone Revolutionary United
Front (RUF), Liberian Armed Forces, or any other group
intent on destabilizing the democratically elected govern-
ment of the Republic of Sierra Leone.
(b) None of the funds appropriated by this Act may
be made available for assistance for the government of any
country for which the Secretary of State determines there
is credible evidence that such government has aided or abet-
ted, within the previous 6 months, in the illicit distribution,
transportation, or sale of diamonds mined in Sierra Leone.
(c) None of the funds appropriated by this Act may
be made available for assistance for the government of any
country for which the Secretary of State determines there
is credible evidence that such government has knowingly fa-
cilitated the safe passage of weapons or other equipment to
the RUF, Liberian security forces, or any other group in-
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tent on destabilizing the democratically elected government
of the Republic of Sierra Leone.
(d) Whenever the prohibition on assistance required
under subsection (a), (b) or (c) is exercised, the Secretary
of State shall notify the Committees on Appropriations in
a timely manner.
VOLUNTARY SEPARATION INCENTIVES
SEC. 570. Section 579(c)(2)(D) of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 2000, as enacted by section 1000(a)(2) of the
Consolidated Appropriations Act, 2000 (Public Law 106–
113), as amended, is amended by striking ‘‘December 31,
2001’’ and inserting in lieu thereof ‘‘December 31, 2002’’.
AMERICAN CHURCHWOMEN AND OTHER CITIZENS IN EL
SALVADOR AND GUATEMALA
SEC. 571. (a) To the fullest extent possible information
relevant to the December 2, 1980, murders of four American
churchwomen in El Salvador, and the May 5, 2001, murder
of Sister Barbara Ann Ford and the murders of six other
American citizens in Guatemala since December 1999,
should be investigated and made public.
(b) The Department of State is urged to pursue all
reasonable avenues in assuring the collection and public re-
lease of information pertaining to the murders of the six
American citizens in Guatemala.
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(c) The President shall order all Federal agencies and
departments, including the Federal Bureau of Investiga-
tion, that possess relevant information, to expeditiously de-
classify and release to the victims’ families such informa-
tion.
(d) In making determinations concerning declassifica-
tion and release of relevant information, all Federal agen-
cies and departments shall presume in favor of releasing,
rather than of withholding, such information.
(e) All reasonable efforts should be taken by the Amer-
ican Embassy in Guatemala to work with relevant agencies
of the Guatemalan Government to protect the safety of
American citizens in Guatemala, and to assist in the inves-
tigations of violations of human rights.
BASIC EDUCATION ASSISTANCE FOR PAKISTAN
SEC. 572. Funds appropriated by this Act to carry out
the provisions of chapter 4 of part II of the Foreign Assist-
ance Act of 1961 may be made available for assistance for
basic education programs for Pakistan, notwithstanding
any provision of law that restricts assistance to foreign
countries: Provided, That such assistance is subject to the
regular notification procedures of the Committees on Appro-
priations.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 573. Notwithstanding any other provision of law,
and subject to the regular notification procedures of the
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Committees on Appropriations, the authority of section
23(a) of the Arms Export Control Act may be used to pro-
vide financing to Israel, Egypt and NATO and major non-
NATO allies for the procurement by leasing (including leas-
ing with an option to purchase) of defense articles from
United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types
of aircraft having possible civilian application), if the
President determines that there are compelling foreign pol-
icy or national security reasons for those defense articles
being provided by commercial lease rather than by govern-
ment-to-government sale under such Act.
WAR CRIMINALS
SEC. 574. (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any ex-
tension by such institutions of any financial or technical
assistance, to any country, entity, or municipality whose
competent authorities have failed, as determined by the Sec-
retary of State, to take necessary and significant steps to
implement its international legal obligations to apprehend
and transfer to the International Criminal Tribunal for the
former Yugoslavia (the ‘‘Tribunal’’) all persons in their ter-
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ritory who have been publicly indicted by the Tribunal and
to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply
to humanitarian assistance or assistance for democratiza-
tion.
(b) The provisions of subsection (a) shall apply unless
the Secretary of State determines and reports to the appro-
priate congressional committees that the competent authori-
ties of such country, entity, or municipality are—
(1) cooperating with the Tribunal, including ac-
cess for investigators, the provision of documents, and
the surrender and transfer of indictees or assistance
in their apprehension; and
(2) are acting consistently with the Dayton Ac-
cords.
(c) Not less than 15 days before any vote in an inter-
national financial institution regarding the extension of fi-
nancial or technical assistance or grants to any country
or entity described in subsection (a), the Secretary of the
Treasury, in consultation with the Secretary of State, shall
provide to the Committees on Appropriations a written jus-
tification for the proposed assistance, including an expla-
nation of the United States position regarding any such
vote, as well as a description of the location of the proposed
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assistance by municipality, its purpose, and its intended
beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for Inter-
national Development, and the United States executive di-
rectors of the international financial institutions shall con-
sult with representatives of human rights organizations and
all government agencies with relevant information to help
prevent publicly indicted war criminals from benefiting
from any financial or technical assistance or grants pro-
vided to any country or entity described in subsection (a).
(e) The Secretary of State may waive the application
of subsection (a) with respect to a specific project within
a country, entity, or municipality upon a written deter-
mination to the Committees on Appropriations that such
assistance directly supports the implementation of the Day-
ton Agreement and its Annexes, which include the obliga-
tion to apprehend and transfer indicted war criminals to
the Tribunal and to provide all possible assistance to refu-
gees and displaced persons and work to facilitate their vol-
untary return.
(f) DEFINITIONS.—As used in this section—
(1) COUNTRY.—The term ‘‘country’’ means Bos-
nia and Herzegovina, Croatia and Serbia.