H. R. 2506—47
(c) The President may waive the certification requirements
of subsection (b) if the President determines that it is vital to
the national security interests of the United States and provides
written policy justifications to the appropriate congressional
committees. No funds may be obligated for KEDO until 15 days
after submission to Congress of such waiver.
(d) The Secretary of State shall, at the time of the annual
presentation for appropriations, submit a report providing 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 nations and organizations to support KEDO activi-
ties on a per country basis, and other related activities.
(e) The final proviso under the heading ‘‘International Organiza-
tions and Programs’’ in the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996 (Public Law 104–
107) is repealed.
PLO COMPLIANCE REPORT
SEC. 566. (a) REPORTING REQUIREMENT.—The President should,
at the time specified in subsection (b), submit a report to the
Congress assessing the steps that the Palestine Liberation
Organization (PLO), or the Palestinian Authority, as appropriate,
has taken to comply with its 1993 commitments to renounce the
use of terrorism and all other acts of violence and to assume
responsibility over all PLO or Palestinian Authority elements and
personnel in order to assure their compliance, prevent violations,
and discipline violators, including the arrest and prosecution of
individuals involved in acts of terror and violence. The President
should determine, based on such assessment, whether the PLO
or the Palestinian Authority, as appropriate, has substantially com-
plied with such commitments. If the President determines based
on the assessment that such compliance has not occurred, then
the President should, for a period of time of not less than six
months, impose one or more of the following sanctions:
(1) Withdraw or terminate any waiver by the President
of the requirements of section 1003 of the Foreign Relations
Authorization Act of 1988 and 1989 (22 U.S.C. 5202) (prohib-
iting the establishment or maintenance of a Palestinian
information office in the United States), such section to apply
so as to prohibit the operation of a PLO or Palestinian Authority
office in the United States from carrying out any function
other than those functions carried out by the Palestinian
information office in existence prior to the Oslo Accords.
(2) Designate the PLO, or one or more of its constituent
groups (including Fatah and Tanzim) or groups operating as
arms of the Palestinian Authority (including Force 17) as a
foreign terrorist organization, in accordance with section 219(a)
of the Immigration and Nationality Act.
(3)Terminate United States assistance (except humani-
tarian and development assistance) for the West Bank and
Gaza Program.
(b) SUBMISSION OF REPORT.—The report required under sub-
section (a) should be transmitted not later than 60 days after
the date of enactment of this Act and shall cover the period com-
mencing June 13, 2001.
H. R. 2506—48
(c) UPDATE
OF REPORT.—The President should update the
report submitted pursuant to subsection (a) as part of the next
report required under the PLO Commitments Compliance Act of
1989 (title VIII of Public Law 101–246).
(d) WAIVER AUTHORITY.—The President may waive any or all
of the sanctions imposed under subsection (a) if the President
determines and reports to the appropriate committees of the Con-
gress that such a waiver is in the national security interests of
the United States.
COLOMBIA
SEC. 567. (a) DETERMINATION AND CERTIFICATION REQUIRED.—
Notwithstanding any other provision of law, funds appropriated
by this Act or prior Acts making appropriations for foreign oper-
ations, export financing, and related programs, may be made avail-
able for assistance for the Colombian Armed Forces as follows:
(1) Not more than 60 percent of such funds may be obli-
gated after a determination by the Secretary of State and
a certification to the appropriate congressional committees that:
(A) The Commander General of the Colombian Armed
Forces is suspending from the Armed Forces those mem-
bers, of whatever rank, who have been credibly alleged
to have committed gross violations of human rights,
including extra-judicial killings, or to have aided or abetted
paramilitary groups.
(B) The Colombian Armed Forces are cooperating with
civilian prosecutors and judicial authorities (including pro-
viding requested information, such as the identity of per-
sons suspended from the Armed Forces and the nature
and cause of the suspension, and access to witnesses and
relevant military documents and other information), in
prosecuting and punishing in civilian courts those members
of the Colombian Armed Forces, of whatever rank, who
have been credibly alleged to have committed gross viola-
tions of human rights, including extra-judicial killings, or
to have aided or abetted paramilitary groups.
(C) The Colombian Armed Forces are taking effective
measures to sever links (including by denying access to
military intelligence, vehicles, and other equipment or sup-
plies, and ceasing other forms of active or tacit cooperation),
at the command, battalion, and brigade levels, with para-
military groups, and to execute outstanding orders for cap-
ture for members of such groups.
(2) The balance of such funds may be obligated after June
1, 2002, if the Secretary of State determines and certifies to
the appropriate congressional committees that the Colombian
Armed Forces are continuing to meet the criteria contained
in paragraphs (1)(A), (B), and (C).
(b) CONSULTATIVE PROCESS.—At least 10 days prior to making
the determination and certification required by this section, and
every 120 days thereafter during fiscal year 2002, the Secretary
of State shall consult with internationally recognized human rights
organizations regarding progress in meeting the conditions con-
tained in subsection (a).
(c) REPORT.—One hundred and twenty days after the enactment
of this Act, and every 120 days thereafter during fiscal year 2002,
the Secretary of State shall submit a report to the Committees
H. R. 2506—49
on Appropriations describing actions taken by the Colombian Armed
Forces to meet the requirements set forth in subsections (a)(1)(A)
through (a)(1)(C).
(d) DEFINITIONS.—In this section:
(1) AIDED OR ABETTED.—The term ‘‘aided or abetted’’ means
to provide any support to paramilitary groups, including taking
actions which allow, facilitate, or otherwise foster the activities
of such groups.
(2) 
PARAMILITARY
GROUPS.—The 
term 
‘‘paramilitary
groups’’ means illegal self-defense groups and illegal security
cooperatives.
ILLEGAL ARMED GROUPS
SEC. 568. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN
ILLEGAL ARMED GROUPS.—Subject to subsection (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, facilitate, or otherwise foster the activities of such groups;
or
(2) has committed, ordered, incited, assisted, or otherwise
participated in the commission of gross violations 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 appropriate congressional
committees, on a case-by-case basis, that the issuance of a visa
to the alien is necessary to support the peace process in Colombia
or for urgent humanitarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING
CORPORATION
SEC. 569. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to
the Palestinian Broadcasting Corporation.
IRAQ
SEC. 570. 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 political transition in Iraq:
Provided, That not more than 15 percent of the funds (except
for costs related to broadcasting activities) may be used for adminis-
trative and representational expenses, including expenditures for
salaries, office rent and equipment: Provided further, That not
later than 60 days after the date of enactment of this Act, the
Secretary of State shall consult with the Committees on Appropria-
tions regarding plans for the expenditure of funds under this sec-
tion: Provided further, That funds made available under this
heading are made available subject to the regular notification proce-
dures of the Committees on Appropriations.
H. R. 2506—50
WEST BANK AND GAZA PROGRAM
SEC. 571. 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 appro-
priate 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. 572. (a) Funds appropriated by this Act under the headings
‘‘International Military Education and Training’’ and ‘‘Foreign Mili-
tary Financing Program’’ may be made available for assistance
for Indonesian military personnel only if the President determines
and submits a report to the appropriate congressional 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 credible evidence
of aiding or abetting illegal 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 and demonstrating a commitment
to preventing incursions into East Timor by members of militia
groups in West Timor;
(4) demonstrating a commitment to accountability by
cooperating with investigations and prosecutions of members
of the armed forces and militia groups responsible for human
rights violations in East Timor and Indonesia;
(5) demonstrating a commitment to civilian control of the
armed forces by reporting to civilian authorities audits of
receipts and expenditures of the armed forces;
(6) allowing United Nations and other international
humanitarian organizations and representatives of recognized
human rights organizations access to West Timor, Aceh, West
Papua, and Maluka; and
(7) releasing political detainees.
BRIEFINGS ON POTENTIAL PURCHASES OF DEFENSE ARTICLES OR
DEFENSE SERVICES BY TAIWAN
SEC. 573. (a) BRIEFINGS.—Not later than 90 days after the
date of enactment of this Act, and not later than every 120 days
thereafter during fiscal year 2002, the Department of State, in
consultation with the Department of Defense, shall provide detailed
briefings to the appropriate congressional committees (including
the Committees on Appropriations) on any discussions conducted
between any executive branch agency and the government of
Taiwan during the preceding 120 days (or, in the case of the