27f9c9f6c32ca24be99236caeff357a7df2066cba39b33d27158a2ca5cdf3db8

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

3ffa97dd8f4199e755a1b31e8cc1bdbdc24f1e773b0d153e5b6998c00dd7e645

TITLE V

-GENERAL PROVISIONS

available by this Act for development assistance may be made available
to any United States private and 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 International
Development, after informing the Committees on Appropriations, may, on
a case-by-case basis, waive the restriction contained in this
subsection, after taking into account the effectiveness of the overseas
development activities of the organization, its level of volunteer
support, its financial viability and stability, and the degree of its
dependence for its financial support on the agency.
(b) Funds appropriated or otherwise made available under title II
of this Act should be made available to private and voluntary
organizations at a level which is at least equivalent to the level
provided in fiscal year 1995.
limitation on residence expenses

755460afe07888f18698a51902bb755e072e964848f5ccf794d485d0f449d7fc

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.
limitation on expenses

e9586b8d3caf97dfa849427e8ffb77145cc0bc52162a9c9b4fc899132325d2d0

this Act, not to exceed $5,000 shall be for entertainment expenses of
the United States Agency for International Development during the
current fiscal year.
limitation on representational allowances

1d1f8869035c4710c9e39f4268db75cb0bb7757b38633be059dc8f95f94c82fb

this Act, not to exceed $95,000 shall be available 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 dollars: Provided
further, That of the funds made available by this Act for general costs
of administering military assistance and sales under the heading
``Foreign Military Financing Program'', not to exceed $2,000 shall be
available for entertainment expenses and not to exceed $125,000 shall
be available for representation allowances: Provided further, That of
the funds made available by this Act under the heading ``International
Military Education and Training'', not to exceed $50,000 shall be
available for entertainment allowances: Provided further, That of the
funds made available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the funds made
available by this Act for the Peace Corps, not to exceed a total of
$4,000 shall be available for entertainment expenses: Provided further,
That of the funds made available by this Act under the heading ``Trade
and Development Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
prohibition on financing nuclear goods

e1ad50443b23b8c5fb1de724483b0676fe588803d314470903de9c8b48637776

than funds for ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'') pursuant to this Act, for carrying out the Foreign
Assistance Act of 1961, may be used, except for purposes of nuclear
safety, to finance the export of nuclear equipment, fuel, or
technology.
prohibition against direct funding for certain countries

5895c8e98e5b583a3f35f1fe7cecd210a9b278de51ce6e726febafefd15ffe4d

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

2ee73e334536a71e5d3de575d690874d5ddc727a6ed7974a71a990acc20d6686

available pursuant to this Act shall be obligated or expended to
finance directly any assistance to the government of any country whose
duly elected head of government is deposed by decree or military coup:
Provided, That assistance may be resumed to such government if the
President determines and certifies to the Committees on Appropriations
that subsequent to the termination of assistance a democratically
elected government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to promote
democratic elections or public participation in democratic processes:
Provided further, That funds made available pursuant to the previous
provisos shall be subject to the regular notification procedures of the
Committees on Appropriations.
transfers between accounts

cec3e15919fa623bf9a881cc80f46a4b988c0195f0cebd7abd5b99893ba17f4f

obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations of the House of Representatives and the
Senate.
deobligation/reobligation authority

4fd86dae8058e5dd98c5349d0c1b43d3beae3e6139ea26c10e89905c6a1caed4

section 23 of the Arms Export Control Act as of the end of the fiscal
year immediately preceding the current fiscal year are, if deobligated,
hereby continued available during the current fiscal year for the same
purpose under any authority applicable to such appropriations under
this Act: Provided, That the authority of this subsection may not be
used in fiscal year 2002.
availability of funds

492978ea783f460e8d9c9bc8931d7fa60b312819a90916530b6717cbefabbdb3

remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of
part I, section 667, chapter 4 of part II of the Foreign Assistance Act
of 1961, as amended, section 23 of the Arms Export Control Act, and
funds provided under the heading ``Assistance for Eastern Europe and
the Baltic States'', shall remain available for an additional four
years from the date on which the availability of such funds would
otherwise have expired, if such funds are initially obligated before
the expiration of their respective periods of availability contained in
this Act: Provided further, That, notwithstanding any other provision
of this Act, any funds made available for the purposes of chapter 1 of
part I and chapter 4 of part II of the Foreign Assistance Act of 1961
which are allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform objectives, shall
remain available until expended.
limitation on assistance to countries in default

064fadcf91145dbbda5e5312a24893017d149554e94f97ca2d1fdb5dce9854b6

be used to furnish assistance to any country which is in default during
a period in excess of one calendar year in payment to the United States
of principal or interest on any loan made to the government of such
country by the United States pursuant to a program for which funds are
appropriated under this Act unless the President determines, following
consultations with the Committees on Appropriations, that assistance to
such country is in the national interest of the United States.
commerce and trade

4f961704b0f7ecded48d4c770fb88209f92a5768699e5b41c0cf574812b70450

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 capacity 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.
(b) None of the funds appropriated by this or any other Act to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961
shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in developing
countries where such activities will not have a significant impact
in the export of agricultural commodities of the United States; or
(2) research activities intended primarily to benefit American
producers.
surplus commodities

28cc85c51a3697eebc67274f8c57f4cbb045d4ac031fab502e53e61678d110d1

States Executive Directors of the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance 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 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 available pursuant to
this Act, for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the same,
similar, or competing commodity.
notification requirements

633c9c0a936eb79511eedefe1cbe1ddf94d33d6e5750049b9d34d372400ad21c

the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Health Programs
Fund'', ``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Initiative'',
``Assistance for Eastern Europe and the Baltic States'', ``Assistance
for the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Peacekeeping Operations'', ``Operating Expenses of
the United States Agency for International Development'', ``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
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 Appropriations Committees for obligation
under any of these specific headings unless the Appropriations
Committees of both Houses of Congress are previously notified 15 days
in advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23 of the
Arms Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles, not
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
reprogramming for an activity, program, or project under chapter 1 of
part I of the Foreign Assistance Act of 1961 of less than 10 percent of
the amount previously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year: Provided
further, That the requirements of this section or any similar provision
of this Act or any other Act, including any prior Act requiring
notification in accordance with the regular notification procedures of
the Committees on Appropriations, may be waived if failure to do so
would pose a substantial risk to human health or welfare: Provided
further, That in case of any such waiver, notification to the Congress,
or the appropriate congressional committees, shall be provided as early
as practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
limitation on availability of funds for international organizations
and programs

751df9a577f850874847c5c8b429719f2cec226ed6a1981364f6443781841a45

Committees on Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign operations,
export financing, and related programs, which are returned or not made
available for organizations and programs because of the implementation
of section 307(a) of the Foreign Assistance Act of 1961, shall remain
available for obligation until September 30, 2003.
independent states of the former soviet union

daaf91f4a1954c54b8d50f05061f80a6af5b3de7efc61c383a8380b36174e074

``Assistance for the Independent States of the Former Soviet Union''
shall be made available for assistance for a government of an
Independent State of the former Soviet Union--
(1) unless that government is making progress in implementing
comprehensive economic reforms based on market principles, private
ownership, respect for commercial contracts, and equitable
treatment of foreign private investment; and
(2) if that government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or ventures.
Assistance may be furnished without regard to this subsection if the
President determines that to do so is in the national interest.
(b) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for assistance for a government of an Independent State of
the former Soviet Union if that government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That such
funds may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States.
(c) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for any state to enhance its military capability: Provided,
That this restriction does not apply to demilitarization, demining or
nonproliferation programs.
(d) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Georgia, and Ukraine shall be subject to the
regular notification procedures of the Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts that
are or have been made available for an Enterprise Fund in the
Independent States of the Former Soviet Union may be deposited by such
Fund in interest-bearing accounts prior to the disbursement of such
funds by the Fund for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without returning
such interest to the Treasury of the United States and without further
appropriation by the Congress. Funds made available for Enterprise
Funds shall be expended at the minimum rate necessary to make timely
payment for projects and activities.
(g) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated in this Act or prior 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
Coordinator for United States Assistance to the New Independent States
and the implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and
activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION

05b4a9ce22aadef746fe6e3fc12508870dbffe83f7dceb3823de7f4e0ec1ab95

the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
export financing transfer authorities

e1c114157e1dce1138d4d710463fa085b042d20cfbc5f3f56e1266bde643c3a1

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 Committees on Appropriations.
special notification requirements

c7f9cdc5b2f4340c226ce32f03e1a757676fdde63489da80db554db36aca915e

obligated or expended for Colombia, Haiti, Liberia, Serbia, Sudan,
Zimbabwe, Pakistan, or the Democratic Republic of the Congo except as
provided through the regular notification procedures of the Committees
on Appropriations.
definition of program, project, and activity

47d49d51f158fbf71e22455e59bc9c4a03aba9754a5b7c508995aa22672681d7

activity'' shall be defined at the appropriations Act account level and
shall include all appropriations and authorizations Acts earmarks,
ceilings, and limitations with the exception that for the following
accounts: Economic Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the United States
Agency for International Development ``program, project, and activity''
shall also be considered to include central program level funding,
either as: (1) justified to the Congress; or (2) allocated by the
executive branch in accordance with a report, to be provided to the
Committees on Appropriations within 30 days of the enactment of this
Act, as required by section 653(a) of the Foreign Assistance Act of
1961.
child survival and health activities

600398f4ece8e6be3364af0fd3d47ea3c18d806f041ff7cfe457d7253ffb6d0d

for assistance under the heading ``Child Survival and Health Programs
Fund'', may be used to reimburse United States Government agencies,
agencies of State governments, institutions of higher learning, and
private and voluntary organizations for the full cost of individuals
(including for the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of carrying out
activities under that heading: Provided, That up to $3,000,000 of the
funds made available by this Act for assistance under the heading
``Development Assistance'' may be used to reimburse such agencies,
institutions, and organizations for such costs of such individuals
carrying out other development assistance activities: Provided further,
That funds appropriated by this Act that are made available for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provision of law:
Provided further, That funds appropriated under title II of this Act
may be made available pursuant to section 301 of the Foreign Assistance
Act of 1961 if a primary purpose of the assistance is for child
survival and related programs: Provided further, That of the funds
appropriated under title II of this Act, $446,500,000 shall be made
available for family planning/reproductive health.
prohibition against indirect funding to certain countries

3f3ba5e41e287747b3d17ccd839d4a8f996957860457dc9b0ac9414346f8741a

available pursuant to this Act shall be obligated to finance indirectly
any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North
Korea, or Sudan, unless the President of the United States certifies
that the withholding of these funds is contrary to the national
interest of the United States.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

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in accordance with section 516(a) of the Foreign Assistance Act of
1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as are
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further, That
such Committees shall also be informed of the original acquisition cost
of such defense articles.
AUTHORIZATION REQUIREMENT

1505b1e89d0079e544fc4cda347937fc96b36a59cad8782dd8f10302bebe1499

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

7f0d07a725af8c88e9aaf45e742d3b67d1ca9153d7dc68c6b0e5145d4653dd7f

the National Endowment for Democracy may be made available
notwithstanding any other provision of law or regulation: Provided,
That notwithstanding any other provision of law, of the funds
appropriated by this Act to carry out provisions of chapter 4 of part
II of the Foreign Assistance Act of 1961, not less than $10,000,000
shall be made available for assistance for activities to support
democracy, human rights, and the rule of law in the People's Republic
of China, of which not less than $5,000,000 should be made available
for the Human Rights and Democracy Fund of the Bureau of Democracy,
Human Rights and Labor, Department of State, for such activities, and
of which not to exceed $3,000,000 may be made available to
nongovernmental organizations located outside the People's Republic of
China to support activities which preserve cultural traditions and
promote sustainable development and environmental conservation in
Tibetan communities in Tibet: Provided further, That funds made
available pursuant to the authority of this section for programs,
projects, and activities in the People's Republic of China shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(b) In addition to the funds made available in subsection (a), of
the funds appropriated by this Act under the heading ``Economic Support
Fund'', not less than $10,000,000 should be made available for programs
and activities to foster democracy, human rights, press freedoms,
women's development, and the rule of law in countries with a
significant Muslim population, and where such programs and activities
would be important to United States efforts to respond to, deter, or
prevent acts of international terrorism: Provided, That funds made
available pursuant to the authority of this subsection should support
new initiatives or bolster ongoing programs and activities in those
countries: Provided further, That not less than $6,000,000 of such
funds should be made available for the Human Rights and Democracy Fund
of the Bureau of Democracy, Human Rights and Labor, Department of
State, and not less than $4,000,000 of such funds should be made
available to a private, non-profit organization authorized by Congress
to strengthen democratic institutions worldwide through nongovernmental
efforts: Provided further, That funds made available pursuant to the
authority of this subsection shall be subject to the regular
notification procedures of the Committees on Appropriations.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

67e4548345af532cab8ee17da81bbada1717091627b3717ba938cac75fe8d6d5

heading of this Act and funds appropriated under any such heading in a
provision of law enacted prior to the enactment of this Act, shall not
be made available to any country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (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 Federal 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 accordance
with the regular notification procedures of the Committees on
Appropriations.
DEBT-FOR-DEVELOPMENT

97e51e5c448c4adcb9997667387dacbb71316abac5f74ed4880688c7ba4d8a70

nongovernmental organizations in economic assistance activities under
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which 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

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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 government 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, consistent with this section; and
(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 disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with the
foreign government, local currencies deposited 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 currencies 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 subsection
(a)(2).
(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
requirements 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 equivalent) used and/or to be used
for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is
made available to the government of a foreign 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
separate account and not commingle them with any other funds.
(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 obligating any such
cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of
the Committees on Appropriations, 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 description of
the economic policy reforms that will be promoted 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

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payment to any international financial institution while the United
States Executive Director to such institution 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 occupying 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 financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development 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

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available pursuant to this Act to carry out the Foreign Assistance Act
of 1961 (including title IV of chapter 2 of part I, relating to the
Overseas Private Investment Corporation) or the Arms Export Control Act
may be used to provide assistance to any country that is not in
compliance 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 humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
authorities for the peace corps, inter-american foundation and
african development foundation

6d22a70e3c69f335ec5411fc165a7a9d3397e7818496f9519eb3f42e762afe15

this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related 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 Development Foundation
Act. The agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is prohibited.
impact on jobs in the united states

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obligated or expended to provide--
(a) any financial incentive to a business enterprise currently
located in the United States for the purpose of inducing such an
enterprise to relocate outside the United States if such incentive
or inducement 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 recognized 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 preclude assistance for the informal
sector in such country, micro and small-scale enterprise, and
smallholder agriculture.
special authorities

759c7b41026e917d0515e76aca9640a37ae82b11fa630f53c381c8b3df94dc60

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 Conservation 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 biodiversity
conservation activities and energy programs aimed at reducing
greenhouse gas emissions: Provided, That such assistance shall be
subject to sections 116, 502B, and 620A of the Foreign Assistance Act
of 1961.
(c) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance 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 expanded 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 contractors shall be assigned
to any bureau or office: Provided further, That such funds appropriated
to carry out the Foreign Assistance Act of 1961 may be made available
for personal services contractors assigned only to the Office of Health
and Nutrition; the Office of Procurement; the Bureau for Africa; the
Bureau for Latin America and the Caribbean; and the Bureau for Asia and
the Near East: Provided further, 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 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 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 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) During fiscal year 2002, 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 indefinite-
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.
policy on terminating the arab league boycott of israel and
normalizing relations with israel

b9c9274b0d660d394108eab6e48435cf597366bae830a9abcf6dae80f593848b

(1) the Arab League countries should immediately 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 troubling and disappointing;
(3) the fact that only three Arab countries maintain 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 develop 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 participation 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 specific steps being
taken by the United States and the progress achieved to bring
about a public renunciation of the Arab primary boycott of
Israel and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel and to expand
the process of normalizing ties between Arab League countries
and Israel; and
(D) encourage the allies and trading partners of the United
States to enact laws prohibiting businesses from complying with
the boycott and penalizing businesses that do comply.
administration of justice activities

a5225493a3906ef81a984887652f2e5c54afbf21772ec4c33a6385ead6dad6db

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 participants 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 Assistance Act of 1961.
eligibility for assistance

77c99b469e52c4145b7403d87710510050c5411f1520153e81823c14f89b8edf

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 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 the
President shall take into consideration, in any case in which a
restriction on assistance would be applicable but for this subsection,
whether assistance in support of programs of nongovernmental
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 President shall notify the Committees on
Appropriations under the regular notification procedures 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 2002, restrictions
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 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 internationally
recognized human rights.
earmarks

de12285625c1e0b0698fac6ff02e39488ec43da8cdbb95f26807236fd2046209

may be reprogrammed for other programs within the same account
notwithstanding the earmark if compliance with the earmark 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 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 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.
ceilings and earmarks

9fa5cdf5f02def945d5464d4d3f44e6462c5524fc7d88b2500e5c2f17f5ed47a

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

1cb607f2c058d8d8f29234d2a65f9373fd8a25090186092ebd62209bd4148276

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.
purchase of american-made equipment and products

52d80d07ba60cf8796cc726bd9b77056fb9c8a3477c75fe91f5e7abb93a266c1

under this Act should make full use of American resources, including
commodities, products, and services.
prohibition of payments to united nations members

6d6f1f5b3c08f372c7536364fa701288a866d4d8e30fe41ebea81c8b76de72c0

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

d16a7f79f5813797026b6130f68ae29501e1336a86a9de582738d78975155e5f

to this Act shall be available to a nongovernmental 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.
Prohibition on Assistance to Foreign Governments that Export Lethal
Military Equipment to Countries Supporting International Terrorism

e363677411cf83dcf29df00532407769776069ac53b3b007c08554d3849bb23a

available by this Act may be available to any foreign government 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 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 explanation of the assistance to be
provided, including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States national
interests.
withholding of assistance for parking fines owed by foreign countries

b50692977d3341bf81ee19f440f60e38328ef6aa2166018e701e02b6cb88e5bf

that are made available for a foreign country under part I of the
Foreign Assistance Act of 1961, an amount equivalent to 110 percent of
the total unpaid fully adjudicated parking fines and penalties 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 that were incurred after the
first day of the fiscal year preceding the current fiscal year shall be
withheld from obligation for such country until the Secretary of State
certifies and reports in writing 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 Appropriations of the Senate and the
Committee on International Relations and the Committee on
Appropriations of the House of Representatives.
limitation on assistance for the plo for the west bank and gaza

170fb5ce1035f8577a6d421d7b01267ae6e64bd9dbcba0c1643f7aafd027be73

obligated for assistance for the Palestine Liberation Organization for
the West Bank and Gaza unless the President has exercised the authority
under section 604(a) of the Middle East Peace Facilitation Act of 1995
(title VI of Public 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

c538720134a437cd0427977db3532b7113ea8558edb006fc1ddf4b9909fa78b9

to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the President may direct a drawdown
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as
amended, of up to $30,000,000 of commodities and services for the
United Nations War Crimes Tribunal established with regard to the
former Yugoslavia by the United Nations Security 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
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): 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
Committees on Appropriations.
landmines

4db96d51ce5ed920f8325ffcc77c962fc09cef11796f6e0baee5dd8f841af51c

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 prescribe:
Provided, That section 1365(c) of the National Defense 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
October 23, 1992''.
restrictions concerning the palestinian authority

bb9dedfed8eca8069660fc7b6f6f5d594ecb469e23c3bd20239266a2bd9cd44f

obligated or expended to create in any part of Jerusalem a new office
of any department or agency of the United States Government for the
purpose of conducting official United States Government business with
the Palestinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO Declaration
of Principles: Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate General in
Jerusalem: Provided further, 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 locations 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

5498f03d5bb58d9b8d08c226e4b0de361d3e9da42a39f0516ef3aa2a39b9ab74

available by this Act under the heading ``International 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
(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

39727ba890409fe74a98a658d22e35baa4bba3930079e1882366b1d140bec505

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 amended (Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be exercised
only to implement multilateral official 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 extent 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 subsection (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 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 Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
purposes of any provision of law limiting 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

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Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may, in
accordance with this section, sell to any eligible purchaser any
concessional loan or portion thereof made before January 1, 1995,
pursuant to the Foreign Assistance Act 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-development 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 conservation and sustainable use of
natural resources 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 accordance 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 direct 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 subsection shall be
available only to the extent that appropriations for the cost of
the modification, as defined 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 established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents 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 pursuant 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 Restructuring''.
restrictions on voluntary contributions to united nations agencies

6a95678a3649953dcbbbb8562b57e3677a1bf6fa9e7e9fe66628fedd229da816

Nations.--None of the funds appropriated by this Act may be made
available to pay any voluntary contribution of the United States to the
United Nations (including the United Nations Development Program) if
the United Nations implements or imposes any taxation on any United
States persons.
(b) Certification Required for Disbursement of Funds.--None of the
funds appropriated by this Act may be made available to pay any
voluntary contribution of the United States to the United Nations
(including the United Nations Development Program) unless the President
certifies to the Congress 15 days in advance of such payment that the
United Nations is not engaged in any effort to implement or impose any
taxation on United States persons in order to raise revenue for the
United Nations or any of its specialized agencies.
(c) Definitions.--As used in this section the term ``United States
person'' refers to--
(1) a natural person who is a citizen or national of the United
States; or
(2) a corporation, partnership, or other legal entity organized
under the United States or any State, territory, possession, or
district of the United States.
haiti coast guard

4981747489ee36d559f25729d937924cbff7a15081a072d2efdeb706434c08b3

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 section shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on assistance to the palestinian authority

69d6618b18671c178dd54b3481d804643e6273db0b0c82ffe3d6bee21fbccd4f

by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 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 President pro tempore of the Senate that
waiving such prohibition is important to the national security
interests of the United States.
(c) Period of Application of Waiver.--Any waiver 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

85a2ce67ab9a516a93bcc9c1fa8e86be050c943135d210e224ce42eabed2b37d

provided to any unit of the security forces of a foreign country if the
Secretary of State has credible evidence 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 responsible members
of the security forces unit to justice: Provided, 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
alleged to be involved in gross violations of human rights: Provided
further, That in the event that funds are withheld 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.
Discrimination against minority religious faiths in the Russian
Federation

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available for the Government of the Russian Federation, after 180 days
from the date of the enactment of this Act, unless the President
determines and certifies in writing to the Committees on Appropriations
and the Committee on Foreign Relations of the Senate that the
Government of the Russian Federation has implemented no statute,
executive order, regulation or similar government action that would
discriminate, or would have as its principal effect discrimination,
against religious groups or religious communities in the Russian
Federation in violation of accepted international agreements on human
rights and religious freedoms to which the Russian Federation is a
party.
assistance for the middle east

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Act under the headings ``Economic Support Fund'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
``Peacekeeping Operations'', for refugees resettling in Israel under
the heading ``Migration and Refugee Assistance'', and for assistance
for Israel to carry out provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 under the heading ``Nonproliferation,
Anti-Terrorism, Demining and Related Programs'', not more than a total
of $5,141,150,000 may be made available for Israel, Egypt, Jordan,
Lebanon, the West Bank and Gaza, the Israel-Lebanon Monitoring Group,
the Multinational Force and Observers, the Middle East Regional
Democracy Fund, Middle East Regional Cooperation, and Middle East
Multilateral Working Groups: Provided, That any funds that were
appropriated under such headings in prior fiscal years and that were at
the time of the enactment of this Act obligated or allocated for other
recipients may not during fiscal year 2002 be made available for
activities that, if funded under this Act, would be required to count
against this ceiling: Provided further, That funds may be made
available notwithstanding the requirements of this section if the
President determines and certifies to the Committees on Appropriations
that it is important to the national security interest of the United
States to do so and any such additional funds shall only be provided
through the regular notification procedures of the Committees on
Appropriations.
energy conservation and clean energy programs

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less than $155,000,000 should be made available to support policies and
actions in developing countries and countries in transition that
promote energy conservation and efficient energy production and use;
that measure, monitor, and reduce greenhouse gas emissions; increase
carbon sequestration activities; and enhance climate change mitigation
programs.
(b) Greenhouse Gas Emissions Report.--Not later than 30 days after
the date on which the President's fiscal year 2003 budget request is
submitted to Congress, the President shall submit a report to the
Committees on Appropriations describing in detail the following--
(1) all Federal agency obligations and expenditures, 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
associated costs by line item as presented in the President's
Budget Appendix; and
(2) all fiscal year 2001 obligations and estimated
expenditures, fiscal year 2002 estimated expenditures and estimated
obligations, and fiscal year 2003 requested funds by the United
States Agency for International Development, by country and central
program, for each of the following: (1) to promote the transfer and
deployment of United States clean energy technologies; (2) to
assist in the measurement, monitoring, reporting, verification, and
reduction of greenhouse gas emissions; (3) to promote carbon
capture and sequestration measures; (4) to help meet such
countries' responsibilities under the Framework Convention on
Climate Change; and (5) to develop assessments of the vulnerability
to impacts of climate change and response strategies.
ZIMBABWE

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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.
CENTRAL AMERICA RELIEF AND RECONSTRUCTION

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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

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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

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United States executive directors of the international financial
institutions to use the voice and vote of the United States to oppose
loans to the Central Government 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 reports to the Committees on
Appropriations that the Central Government of Cambodia--
(A) is making significant progress in resolving outstanding
human rights cases, including the 1994 grenade attack against the
Buddhist Liberal Democratic 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 protection,
management, and conservation of the environment and natural
resources, including in the promulgation and enforcement of laws
and policies to protect forest resources.
(2) In the event the Secretary of State makes the determination
under paragraph (1), assistance may be made available to the Central
Government of Cambodia only through the regular notification procedures
of the Committees on Appropriations.
(c) Notwithstanding subsection (b) of this section or any other
provision of law, funds appropriated by this Act may be made available
for assistance for basic education and for assistance to the Government
of Cambodia's Ministry of Women and Veteran's Affairs to combat human
trafficking, subject to the regular notification procedures of the
Committees on Appropriations.
(d) 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 any tribunal
established by the Government of Cambodia pursuant to a memorandum of
understanding with the United Nations unless the President determines
and certifies to Congress that the tribunal is capable of delivering
justice for crimes against humanity and genocide in an impartial and
credible manner.
FOREIGN MILITARY TRAINING REPORT

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shall jointly provide to the Congress by March 1, 2002, a report on all
military training provided to foreign military personnel (excluding
sales, and excluding 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 activity, the cost of the training activity, the number of
foreign 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 operational 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
appropriate.
(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 Appropriations and International
Relations Committees of the House of Representatives.
korean peninsula energy development organization

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``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, 15 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 implement 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 significant
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 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 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.
plo compliance report

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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 complied 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) (prohibiting 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 humanitarian and
development assistance) for the West Bank and Gaza Program.
(b) Submission of Report.--The report required under subsection (a)
should be transmitted not later than 60 days after the date of
enactment of this Act and shall cover the period commencing June 13,
2001.
(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 Congress that such a
waiver is in the national security interests of the United States.
COLOMBIA

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Notwithstanding any other provision of law, funds appropriated by this
Act or prior Acts making appropriations for foreign operations, export
financing, and related programs, may be made available for assistance
for the Colombian Armed Forces as follows:
(1) Not more than 60 percent of such funds may be obligated
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 members, 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
providing requested information, such as the identity of
persons 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 violations 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
supplies, and ceasing other forms of active or tacit
cooperation), at the command, battalion, and brigade levels,
with paramilitary groups, and to execute outstanding orders for
capture 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 contained 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 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

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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

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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

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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 administrative 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 Appropriations regarding plans for the
expenditure of funds under this section: Provided further, That funds
made available under this heading are made available subject to the
regular notification procedures of the Committees on Appropriations.
west bank and gaza program

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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

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``International Military Education and Training'' and ``Foreign
Military 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

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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 initial briefing, since the date of
enactment of this Act) on any potential purchase of defense articles or
defense services by the government of Taiwan.
(b) Executive Agency Defined.--In this section, the term
``executive branch agency'' has the meaning given the term ``agency''
in section 551(1) of title 5, United States Code.
restrictions on assistance to governments destabilizing sierra leone

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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 facilitated the safe passage of weapons
or other equipment, or has provided lethal or non-lethal military
support or equipment, directly or through intermediaries, within the
previous six months to the Sierra Leone Revolutionary United Front
(RUF), Liberian Security Forces, or any other group intent on
destabilizing the democratically elected government 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 abetted, within the previous six months, in the
illicit distribution, transportation, or sale of diamonds mined in
Sierra Leone.
(c) Whenever the prohibition on assistance required under
subsection (a) or (b) is exercised, the Secretary of State shall notify
the Committees on Appropriations in a timely manner.
voluntary separation incentives

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Financing, and Related Programs Appropriations 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''.
united nations population fund

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amounts made available under ``International Organizations and
Programs'', not more than $34,000,000 for fiscal year 2002 shall be
made available for the United Nations Population Fund (hereafter in
this section referred to as the ``UNFPA'').
(b) Prohibition on Use of Funds in China.--None of the funds made
available under ``International Organizations and Programs'' may be
made available for the UNFPA for a country program in the People's
Republic of China.
(c) Conditions on Availability of Funds.--Amounts made available
under ``International Organizations and Programs'' for fiscal year 2002
for the UNFPA may not be made available to UNFPA unless--
(1) the UNFPA maintains amounts made available to the UNFPA
under this section in an account separate from other accounts of
the UNFPA;
(2) the UNFPA does not commingle amounts made available to the
UNFPA under this section with other sums; and
(3) the UNFPA does not fund abortions.
AMERICAN CHURCHWOMEN AND OTHER CITIZENS IN EL SALVADOR AND GUATEMALA

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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 release of information
pertaining to the murders of the six American citizens in Guatemala.
(c) The President shall order all Federal agencies and departments,
including the Federal Bureau of Investigation, that possess relevant
information, to expeditiously declassify and release to the victims'
families such information, consistent with existing standards and
procedures on classification.
(d) In making determinations concerning declassification and
release of relevant information, all Federal agencies and departments
should use the discretion contained within such existing standards and
procedures on classification in support of releasing, rather than
withholding, such information.
(e) All reasonable efforts should be taken by the American 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 investigations of violations of human rights.
procurement and financial management reform

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under the heading ``International Financial Institutions'' in this Act,
10 percent of the United States portion or payment to such
International Financial Institution shall be withheld by the Secretary
of the Treasury, until the Secretary certifies to the Committees on
Appropriations that, to the extent pertinent to its lending programs,
the institution is--
(1) implementing procedures for conducting annual audits by
qualified independent auditors for all new investment lending;
(2) implementing procedures for annual independent external
audits of central bank financial statements for countries making
use of International Monetary Fund resources under new arrangements
or agreements with the Fund;
(3) taking steps to establish an independent fraud and
corruption investigative organization or office;
(4) implementing a process to assess a recipient country's
procurement and financial management capabilities including an
analysis of the risks of corruption prior to initiating new
investment lending; and
(5) taking steps to fund and implement programs and policies to
improve transparency and anti-corruption programs and procurement
and financial management controls in recipient countries.
(b) Definition.--The term ``International Financial Institutions''
means the International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Inter-American Development Bank, the Inter-American
Investment Corporation, the Enterprise for the Americas Multilateral
Investment Fund, the Asian Development Bank, the Asian Development
Fund, the African Development Bank, the African Development Fund, the
European Bank for Reconstruction and Development, and the International
Monetary Fund.
BASIC EDUCATION ASSISTANCE FOR INDONESIA AND PAKISTAN

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``Development Assistance'' for basic education, $8,000,000 shall be
made available to Indonesia and Pakistan.
(b) Of the funds made available under the heading ``Economic
Support Fund'' for Pakistan, not less than $2,500,000 shall be
transferred to ``Operating Expenses of the United States Agency for
International Development'' for the purpose of monitoring and
implementing United States economic support, including that provided
under the provisions of Public Law 107-38 and this general provision,
of basic education, health, and democracy and governance activities in
Pakistan.
(c) Not more than 60 days after the enactment of this Act, the
Administrator of the United States Agency for International Development
shall report to the House Committees on Appropriations and
International Relations and the Senate Committees on Appropriations and
Foreign Relations on the Agency's proposed allocation of basic
education funding for Indonesia and Pakistan, including in-country
monitoring of budget support for basic education provided under Public
Law 107-38.
COMMERCIAL LEASING OF DEFENSE ARTICLES

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to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt and NATO
and major non-NATO allies for the procurement by leasing (including
leasing 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 policy or national security reasons for those
defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.
WAR CRIMINALS

f5e561eb63530e51d1f0d1790a52e885cf0830063d42e658de2de24cfbddb5ff

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 new project involving the extension by such institutions of
any financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as determined by
the Secretary 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 territory 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 democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for
investigators, the provision of documents, and the surrender and
transfer of publicly indicted persons or assistance in their
apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an international
financial institution regarding the extension of any new project
involving financial 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 justification for the proposed
assistance, including an explanation of the United States position
regarding any such vote, as well as a description of the location of
the proposed 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 International
Development, and the Secretary of the Treasury shall consult 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 provided to any country or entity described in
subsection (a).
(e) The Secretary of State may waive the application of subsection
(a) with respect to projects within a country, entity, or municipality
upon a written determination to the Committees on Appropriations that
such assistance directly supports the implementation of the Dayton
Accords.
(f) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation of
Bosnia and Herzegovina, Kosovo, Montenegro and the Republika
Srpska.
(3) Municipality.--The term ``municipality'' means a city, town
or other subdivision within a country or entity as defined herein.
(4) Dayton accords.--The term ``Dayton Accords'' means the
General Framework Agreement for Peace in Bosnia and Herzegovina,
together with annexes relating thereto, done at Dayton, November 10
through 16, 1995.
User Fees

771dbb374ed8b4d278f9c0bebbdc4bb71b20f9ae8f6c773b64eb44e5ee846315

States Executive Director at each international financial institution
(as defined in section 1701(c)(2) of the International Financial
Institutions Act) and the International Monetary Fund to oppose any
loan of these institutions that would require user fees or service
charges on poor people for primary education or primary healthcare,
including prevention and treatment efforts for HIV/AIDS, malaria,
tuberculosis, and infant, child, and maternal well-being, in connection
with the institutions' lending programs.
HEAVILY INDEBTED POOR COUNTRIES TRUST FUND AUTHORIZATION

ade0799042037462fca7b1a32a2de8563924b98d2ba74e7fa492e164a39fa538

Financing, and Related Programs Appropriations Act, 2001 (Public Law
106-429) is amended by striking ``$435,000,000'' and inserting
``$600,000,000''.
funding for serbia

b5e68aef9b9f8baa1b8ca9d89c436bbd7ec17671433b80d64cba8c2cffcdec66

for assistance for Serbia after March 31, 2002, if the President has
made the determination and certification contained in subsection (c).
(b) After March 31, 2002, the Secretary of the Treasury should
instruct the United States executive directors to the international
financial institutions to support loans and assistance to the
Government of the Federal Republic of Yugoslavia subject to the
conditions in subsection (c): Provided, That section 576 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1997, as amended, shall not apply to the provision of loans and
assistance to the Federal Republic of Yugoslavia through international
financial institutions.
(c) The determination and certification referred to in subsection
(a) is a determination by the President and a certification to the
Committees on Appropriations that the Government of the Federal
Republic of Yugoslavia is--
(1) cooperating with the International Criminal Tribunal for
the former Yugoslavia including access for investigators, the
provision of documents, and the surrender and transfer of indictees
or assistance in their apprehension;
(2) taking steps that are consistent with the Dayton Accords to
end Serbian financial, political, security and other support which
has served to maintain separate Republika Srpska institutions; and
(3) taking steps to implement policies which reflect a respect
for minority rights and the rule of law, including the release of
political prisoners from Serbian jails and prisons.
(d) Subsections (b) and (c) shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy in
municipalities.
el salvador reconstruction and central america disaster relief

9ac07015fadb8fa5d3fa2d492525aedb9c538af89b33bd4694399a0c7415611b

shall be made available for rehabilitation and reconstruction
assistance for El Salvador: Provided, That such funds shall be derived
as follows: (1) from funds appropriated by this Act, not less than
$65,000,000, of which not less than $25,000,000 shall be from funds
appropriated under the heading ``Economic Support Fund'', $25,000,000
should be from funds appropriated under the heading ``International
Disaster Assistance'', and not less than $15,000,000 shall be from
funds appropriated under the headings ``Child Survival and Health
Programs Fund'' and ``Development Assistance''; and (2) from funds
appropriated under such headings in Acts making appropriations for
foreign operations, export financing, and related programs for fiscal
year 1999 and prior years, not to exceed $35,000,000: Provided further,
That none of the funds made available under this section may be
obligated for nonproject assistance: Provided further, That prior to
any obligation of funds made available under this section, the
Administrator of the United States Agency for International Development
(USAID) shall provide the Committees on Appropriations with a detailed
report containing the amount of the proposed obligation and a
description of the programs and projects, on a sector-by-sector basis,
to be funded with such amount: Provided further, That of the funds made
available under this section, up to $2,500,000 may be used for
administrative expenses, including auditing costs, of USAID.
(b) During fiscal year 2002, not less than $35,000,000 of the funds
managed by the United States Agency for International Development
should be made available for mitigation of the drought and rural food
shortages elsewhere in Central America.
Reports on Conditions in Hong Kong

61e67f7be558019fcd9ea823b143b0e693ecffcfb517ca70bf23a242a78fbbdc

(22 U.S.C. 5731) is amended by striking ``and March 31, 2000,'' and
inserting: ``March 31, 2000, March 31, 2001, March 31, 2002, March 31,
2003, March 31, 2004, March 31, 2005, and March 31, 2006''.
(b) The requirement in section 301 of the United States-Hong Kong
Policy Act, as amended by subsection (a), that a report under that
section shall be transmitted not later than March 31, 2001, shall be
considered satisfied by the transmittal of such report by August 7,
2001.
Community-Based Police Assistance

0c42e207db9273ab23ce58bf46dcfe79c183c94b201332374489e5146dd47f62

the provisions of chapter 1 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961, up to $1,500,000 may be used,
notwithstanding section 660 of that Act, to enhance the effectiveness
and accountability of civilian police authority in Jamaica through
training and technical assistance in internationally recognized human
rights, the rule of law, strategic planning, and through the promotion
of civilian police roles that support democratic governance including
programs to prevent conflict and foster improved police relations with
the communities they serve.
(b) Report.--Twelve months after the initial obligation of funds
for Jamaica for activities authorized under subsection (a), the
Administrator of the United States Agency for International Development
shall submit a report to the appropriate congressional committees
describing the progress the program is making toward improving police
relations with the communities they serve and institutionalizing an
effective community-based police program.
(c) Notification.--Assistance provided under subsection (a) shall
be subject to the regular notification procedures of the Committees on
Appropriations.
Authorizations

2c6a6e474a0e85d0877a73a7edc11cd7b31b2eaddb7709ef18cc6ad18af6d1e6

of the United States, contribute on behalf of the United States to the
fifth replenishment of the resources of the International Fund for
Agricultural Development. The following amount is authorized to be
appropriated without fiscal year limitation for payment by the
Secretary of the Treasury: $30,000,000 for the International Fund for
Agricultural Development: Provided, That notwithstanding the dates
specified in section 7 of the Export-Import Bank Act of 1945 (12 U.S.C.
635f) and section 1(c) of Public Law 103-428, the Export-Import Bank of
the United States shall continue to exercise its functions in
connection with and in furtherance of its objects and purposes through
March 31, 2002.
EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN COUNTRIES
AND CERTAIN OTHER COUNTRIES

dabed749bd6821453067e5f2a8eedfee79fa54615897528df51a21401042b3b0

Act of 1961 (22 U.S.C. 2321j(e)), during each of the fiscal years 2002
and 2003, funds available to the Department of Defense may be expended
for crating, packing, handling, and transportation of excess defense
articles transferred under the authority of section 516 of such Act to
Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of
Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan: Provided, That section 105 of
Public Law 104-164 is amended by striking ``2000 and 2001'' and
inserting ``2002 and 2003''.
OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK
RESTRICTIONS

61e05f07a567bcc36000c11719cf25c31d57ba3f198eabaf4b52679128663a9d

funds made available in this Act may be used by the Overseas Private
Investment Corporation to insure, reinsure, guarantee, or finance any
investment in connection with a project involving the mining, polishing
or other processing, or sale of diamonds in a country that fails to
meet the requirements of subsection (c).
(b) Limitation on Use of Funds by the Export-Import Bank.--None of
the funds made available in this Act may be used by the Export-Import
Bank of the United States to guarantee, insure, extend credit, or
participate in an extension of credit in connection with the export of
any goods to a country for use in an enterprise involving the mining,
polishing or other processing, or sale of diamonds in a country that
fails to meet the requirements of subsection (c).
(c) Requirements.--The requirements referred to in subsection (a)
and (b) are that the country concerned is implementing a system of
controls, or taking other appropriate measures, that the Secretary of
State determines to contribute effectively to preventing and
eliminating the trade in conflict diamonds.
Modification to the Annual Drug Certification Procedures

95aced9b2fcfcafee2f31e4a1cd3f2cb93497c5828285d34203bb7471d9de870

otherwise be withheld from obligation or expenditure under section 490
of the Foreign Assistance Act of 1961 may be obligated or expended
provided that:
(1) Report.--Not later than 45 days after enactment the
President has submitted to the appropriate congressional committees
a report identifying each country determined by the President to be
a major drug-transit country or major illicit drug producing
country.
(2) Designation and justification.--In each report under
paragraph (1), the President shall also--
(A) designate each country, if any, identified in such
report that has failed demonstrably, during the previous 12
months, to make substantial efforts--
(i) to adhere to its obligations under international
counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth in
section 489(a)(1) of the Foreign Assistance Act of 1961;
and
(B) include a justification for each country so designated.
(3) Limitation on assistance for designated countries.--In the
case of a country identified in a report for fiscal year 2002 under
paragraph (1) that is also designated under paragraph (2) in the
report, United States assistance may be provided under this Act to
such country in fiscal year 2002 only if the President determines
and reports to the appropriate congressional committees that--
(A) provision of such assistance to the country in such
fiscal year is vital to the national interests of the United
States; or
(B) commencing at any time 45 days after enactment, the
country has made substantial efforts--
(i) to adhere to its obligations under international
counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth in
section 489(a)(1) of the Foreign Assistance Act of 1961.
(4) International counternarcotics agreement defined.--In this
section, the term ``international counternarcotics agreement''
means--
(A) the United Nations Convention Against Illicit Traffic
in Narcotic Drugs and Psychotropic Substances; or
(B) any bilateral or multilateral agreement in force
between the United States and another country or countries that
addresses issues relating to the control of illicit drugs, such
as--
(i) the production, distribution, and interdiction of
illicit drugs;
(ii) demand reduction;
(iii) the activities of criminal organizations;
(iv) international legal cooperation among courts,
prosecutors, and law enforcement agencies (including the
exchange of information and evidence);
(v) the extradition of nationals and individuals
involved in drug-related criminal activity;
(vi) the temporary transfer for prosecution of
nationals and individuals involved in drug-related criminal
activity;
(vii) border security;
(viii) money laundering;
(ix) illicit firearms trafficking;
(x) corruption;
(xi) control of precursor chemicals;
(xii) asset forfeiture; and
(xiii) related training and technical assistance,
and includes, where appropriate, timetables and objective and
measurable standards to assess the progress made by
participating countries with respect to such issues.
(5) Application.--Section 490(a) through (g) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291j) shall not apply during
fiscal year 2002 with respect to any country identified in
paragraph (1) of this section.
(6) Statutory construction.--Nothing in this section supersedes
or modifies the requirement in section 489(a) of the Foreign
Assistance Act of 1961 (with respect to the International Control
Strategy Report) for the transmittal of a report not later than
March 1, 2002 under that section.
Kenneth M. Ludden

24fd97428c5cfde10de280e69a0242de0907e1ece2a24827bb6d1bec8874cea5

Operations, Export Financing, and Related Programs Appropriations Act,
Fiscal Year 2002.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

40ade7a75e3d4d51d9c603d3cb5784b600ba2dfb4bed8a89d56a6c3f70fd927c

Foreign Operations FY2002 Appropriations bill

Other Sections

TITLE V

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