H. J. Res. 2—184
Development to employ up to 20 personal services contractors in
the United States, notwithstanding any other provision of law,
for the purpose of providing direct, interim support for new or
expanded overseas programs and activities managed by the agency
until permanent direct hire personnel are hired and trained: Pro-
vided, That not more than 7 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds appro-
priated to carry out the Foreign Assistance Act of 1961 may be
made available for personal services contractors assigned only to
the Office of Procurement; the Bureau for Africa; and the Bureau
for Asia and the Near East: Provided further, That such funds
appropriated to carry out title II of the Agricultural Trade Develop-
ment and Assistance Act of 1954, may be made available only
for personal services contractors assigned to the Office of Food
for Peace.
(d)(1) WAIVER.—The President may waive the provisions of
section 1003 of Public Law 100–204 if the President determines
and certifies in writing to the Speaker of the House of Representa-
tives and the President pro tempore of the Senate that it is impor-
tant to the national security interests of the United States.
(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to paragraph (1) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(e) CONTINGENCIES.—During fiscal year 2003, the President
may use up to $45,000,000 under the authority of section 451
of the Foreign Assistance Act, notwithstanding the funding ceiling
in section 451(a).
(f) SMALL BUSINESS.—In entering into multiple award indefi-
nite-quantity contracts with funds appropriated by this Act, the
United States Agency for International Development may provide
an exception to the fair opportunity process for placing task orders
under such contracts when the order is placed with any category
of small or small disadvantaged business.
(g) SHIPMENT
OF HUMANITARIAN ASSISTANCE.—During fiscal
year 2003, of the amounts made available by the United States
Agency for International Development to carry out the provisions
of section 123(b) of the Foreign Assistance Act of 1961, funds
may be made available to nongovernmental organizations for
administrative costs necessary to implement a program to obtain
available donated space on commercial ships for the shipment of
humanitarian assistance overseas.
(h) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from insta-
bility.
(i) REPEAL.—Section 545(d) of Public Law 106–429, and com-
parable provisions contained in prior Acts making appropriations
for foreign operations, export financing, and related programs, are
hereby repealed.
(j) WORLD FOOD PROGRAM.—Of the funds managed by the
Bureau for Democracy, Conflict, and Humanitarian Assistance of
the United States Agency for International Development, from this
or any other Act, not less than $6,000,000 should be made available
H. J. Res. 2—185
as a general contribution to the World Food Program, notwith-
standing any other provision of law.
ARAB LEAGUE BOYCOTT OF ISRAEL
SEC. 535. It is the sense of the Congress that—
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly termi-
nated, and the Central Office for the Boycott of Israel imme-
diately disbanded;
(3) the three Arab League countries with diplomatic and
trade relations with Israel should return their ambassadors
to Israel, should refrain from downgrading their relations with
Israel, and should play a constructive role in securing a peaceful
resolution of the Israeli-Arab conflict;
(4) the remaining Arab League states should normalize
relations with their neighbor Israel;
(5) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and
find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(6) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott
of Israel, including those to encourage allies and trading part-
ners of the United States to enact laws prohibiting 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 avail-
able by this Act for ‘‘Economic Support Fund’’, assistance 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 section 534(b) of the Foreign Assistance
Act of 1961, except that programs to enhance protection of partici-
pants in judicial 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 Foreign Assist-
ance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 537. (a) ASSISTANCE
THROUGH
NONGOVERNMENTAL
ORGANIZATIONS.—Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter
H. J. Res. 2—186
4 of part II of the Foreign Assistance Act of 1961, and from funds
appropriated under the heading ‘‘Assistance for Eastern Europe
and the Baltic States’’: Provided, That before using the authority
of this subsection to furnish assistance in support of programs
of nongovernmental organizations, the President shall notify the
Committees on Appropriations under the regular notification proce-
dures of those committees, including a description of the program
to be assisted, the assistance to be provided, and the reasons
for furnishing such assistance: Provided further, That nothing in
this subsection 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 2003, restrictions con-
tained 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: Pro-
vided, That none of the funds appropriated to carry out title I
of such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the regular
notification 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 Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates inter-
nationally recognized human rights.
EARMARKS
SEC. 538. (a) Funds appropriated by this Act which are ear-
marked may be reprogrammed for other programs within the same
account notwithstanding the earmark if compliance with the ear-
mark is made impossible by operation of any provision of this
or any other Act: Provided, That any such reprogramming shall
be subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made available
under the same terms and conditions as originally provided.
(b) In addition to the authority contained in subsection (a),
the original period of availability of funds appropriated by this
Act and administered by the United States Agency for International
Development that are earmarked for particular programs or activi-
ties 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
termination 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 availability: Provided,
That such earmarked funds that are continued available for an
additional fiscal year shall be obligated only for the purpose of
such earmark.
H. J. Res. 2—187
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 not to exceed $750,000
may be made available to carry out the provisions of section 316
of Public Law 96–533.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 541. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance Act
of 1961, may be used to pay in whole or in part any assessments,
arrearages, or dues of any member of the United Nations or, from
funds appropriated by this Act to carry out chapter 1 of part
I of the Foreign Assistance Act of 1961, the costs for participation
of another country’s delegation at international conferences held
under the auspices of multilateral or international organizations.
NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION
SEC. 542. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upon timely request any docu-
ment, file, or record necessary to the auditing requirements of
the United States Agency for International Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EX-
PORT
LETHAL
MILITARY
EQUIPMENT
TO
COUNTRIES
SUPPORTING
INTERNATIONAL TERRORISM
SEC. 543. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign govern-
ment which provides lethal military equipment to a country the
government of which the Secretary of State has determined is
a terrorist government for purposes of section 6(j) of the Export
Administration Act. The prohibition under this section with respect
to a foreign government shall terminate 12 months after that
government ceases to provide such military equipment. This section
applies with respect to lethal military equipment provided under
a contract entered into after October 1, 1997.
(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 authority of subsection (b) is exercised,
the President shall submit to the appropriate congressional commit-
tees a report with respect to the furnishing of such assistance.