H.R. 2506 — Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002

[107th Congress Public Law 115]
[From the U.S. Government Publishing Office]


<DOC>
[DOCID: f:publ115.107]


[[Page 2117]]

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 2002

[[Page 115 STAT. 2118]]

Public Law 107-115
107th Congress

                                 An Act


 
  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 2002, and for 
         other purposes. <<NOTE: Jan. 10, 2002 -  [H.R. 2506]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2002.>> assembled, 
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2002, and for other purposes, namely:

                TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                 export-import bank of the united states

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act, that has detonated a nuclear 
explosive after the date of the enactment of this Act.

                          subsidy appropriation

    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, $727,323,000 to remain available until September 30, 
2005: Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That such sums shall remain available 
until September 30, 2020 for the disbursement of direct loans, loan 
guarantees, insurance and tied-aid grants obligated in fiscal years 
2002, 2003, 2004, and 2005: Provided further, That none of the funds 
appropriated by this Act or any prior Act appropriating funds for 
foreign operations, export financing, or related programs for tied-aid 
credits or grants may be used for any other purpose except through the

[[Page 115 STAT. 2119]]

regular notification procedures of the Committees on Appropriations: 
Provided further, That funds appropriated by this paragraph are made 
available notwithstanding section 2(b)(2) of the Export Import Bank Act 
of 1945, in connection with the purchase or lease of any product by any 
East European country, any Baltic State or any agency or national 
thereof.

                         administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 
for official reception and representation expenses for members of the 
Board of Directors, $63,000,000: Provided, That necessary expenses 
(including special services performed on a contract or fee basis, but 
not including other personal services) in connection with the collection 
of moneys owed the Export-Import Bank, repossession or sale of pledged 
collateral or other assets acquired by the Export-Import Bank in 
satisfaction of moneys owed the Export-Import Bank, or the investigation 
or appraisal of any property, or the evaluation of the legal or 
technical aspects of any transaction for which an application for a 
loan, guarantee or insurance commitment has been made, shall be 
considered nonadministrative expenses for the purposes of this heading: 
Provided further, <<NOTE: Termination date. 12 USC 635a note.>> That, 
notwithstanding subsection (b) of section 117 of the Export Enhancement 
Act of 1992, subsection (a) thereof shall remain in effect until October 
1, 2002.

                 overseas private investment corporation

                            noncredit account

    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to carry 
out the credit and insurance programs (including an amount for official 
reception and representation expenses which shall not exceed $35,000) 
shall not exceed $38,608,000: Provided further, That project-specific 
transaction costs, including direct and indirect costs incurred in 
claims settlements, and other direct costs associated with services 
provided to specific investors or potential investors pursuant to 
section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.

                             program account

    Such sums as may be necessary for administrative expenses to carry 
out the credit program may be derived from amounts available for 
administrative expenses to carry out the credit and insurance programs 
in the Overseas Private Investment Corporation Noncredit Account and 
merged with said account.

[[Page 115 STAT. 2120]]

                   Funds Appropriated to the President

                      trade and development agency

    For necessary expenses to carry out the provisions of section 661 of 
the Foreign Assistance Act of 1961, $50,024,000, to remain available 
until September 30, 2003.

                 TITLE II--BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

    For expenses necessary to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 2002, unless otherwise 
specified herein, as follows:

           united states agency for international development

                 child survival and health programs fund

    For necessary expenses to carry out the provisions of chapters 1 and 
10 of part I of the Foreign Assistance Act of 1961, and title I of 
Public Law 106-570, for child survival, reproductive health/family 
planning, assistance to combat tropical and other infectious diseases, 
and related activities, in addition to funds otherwise available for 
such purposes, $1,433,500,000, to remain available until expended: 
Provided, That this amount shall be made available for such activities 
as: (1) immunization programs; (2) oral rehydration programs; (3) 
health, nutrition, water and sanitation programs which directly address 
the needs of mothers and children, and related education programs; (4) 
assistance for displaced and orphaned children; (5) programs for the 
prevention, treatment, and control of, and research on, HIV/AIDS, 
tuberculosis, malaria, polio and other infectious diseases; and (6) 
family planning/reproductive health: Provided further, That none of the 
funds appropriated under this heading may be made available for 
nonproject assistance, except that funds may be made available for such 
assistance for ongoing health programs: Provided further, That of the 
funds appropriated under this heading, not to exceed $125,000, in 
addition to funds otherwise available for such purposes, may be used to 
monitor and provide oversight of child survival, maternal and family 
planning/reproductive health, and infectious disease programs: Provided 
further, That the following amounts should be allocated as follows: 
$315,000,000 for child survival and maternal health; $25,000,000 for 
vulnerable children; $435,000,000 for HIV/AIDS including not less than 
$15,000,000 which should be made available to support the development of 
microbicides as a means for combating HIV/AIDS; $165,000,000 for other 
infectious diseases, of which $65,000,000 should be made available for 
the prevention, treatment, and control of, and research on, 
tuberculosis, and of which $65,000,000 should be made available to 
combat malaria; $368,500,000 for family planning/reproductive health, 
including in areas where population growth threatens biodiversity or 
endangered species; and $120,000,000 for UNICEF: Provided further, That 
of the funds appropriated under this heading, up to $50,000,000 may be 
made available, notwithstanding any other provision of law for a United 
States contribution to a global fund to combat AIDS, tuberculosis, and 
malaria: Provided further, That in addition to

[[Page 115 STAT. 2121]]

the funds made available elsewhere under this heading and subject to the 
regular notification procedures of the Committees on Appropriations, the 
President may make available up to an additional $50,000,000, 
notwithstanding any other provision of law, for a United States 
contribution to a global fund to combat AIDS, tuberculosis, and malaria, 
which may be derived from funds appropriated in title II of this Act and 
in title II of prior Acts making appropriations for foreign operations, 
export financing, and related programs: Provided further, That of the 
funds appropriated under this heading, up to $53,000,000 may be made 
available for a United States contribution to The Vaccine Fund, and up 
to $10,000,000 may be made available for the International AIDS Vaccine 
Initiative: Provided further, <<NOTE: Abortion. Sterilization.>> That 
none of the funds made available in this Act nor any unobligated 
balances from prior appropriations may be made available to any 
organization or program which, as determined by the President of the 
United States, supports or participates in the management of a program 
of coercive abortion or involuntary sterilization: Provided further, 
That none of the funds made available under this Act may be used to pay 
for the performance of abortion as a method of family planning or to 
motivate or coerce any person to practice abortions: Provided further, 
That none of the funds made available under this Act may be used to 
lobby for or against abortion: Provided further, <<NOTE: Family 
planning.>> That in order to reduce reliance on abortion in developing 
nations, funds shall be available only to voluntary family planning 
projects which offer, either directly or through referral to, or 
information about access to, a broad range of family planning methods 
and services, and that any such voluntary family planning project shall 
meet the following requirements: (1) service providers or referral 
agents in the project shall not implement or be subject to quotas, or 
other numerical targets, of total number of births, number of family 
planning acceptors, or acceptors of a particular method of family 
planning (this provision shall not be construed to include the use of 
quantitative estimates or indicators for budgeting and planning 
purposes); (2) the project shall not include payment of incentives, 
bribes, gratuities, or financial reward to: (A) an individual in 
exchange for becoming a family planning acceptor; or (B) program 
personnel for achieving a numerical target or quota of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning; (3) the project shall not deny any 
right or benefit, including the right of access to participate in any 
program of general welfare or the right of access to health care, as a 
consequence of any individual's decision not to accept family planning 
services; (4) the project shall provide family planning acceptors 
comprehensible information on the health benefits and risks of the 
method chosen, including those conditions that might render the use of 
the method inadvisable and those adverse side effects known to be 
consequent to the use of the method; and (5) the project shall ensure 
that experimental contraceptive drugs and devices and medical procedures 
are provided only in the context of a scientific study in which 
participants are advised of potential risks and 
benefits; <<NOTE: Deadline. Reports.>> and, not less than 60 days after 
the date on which the Administrator of the United States Agency for 
International Development determines that there has been a violation of 
the requirements contained in paragraph (1), (2), (3), or (5) of this 
proviso, or a pattern or practice of violations of the requirements 
contained in paragraph (4) of this proviso, the

[[Page 115 STAT. 2122]]

Administrator shall submit to the Committees on Appropriations of the 
Senate and the House of Representatives, a report containing a 
description of such violation and the corrective action taken by the 
Agency: Provided further, That in awarding grants for natural family 
planning under section 104 of the Foreign Assistance Act of 1961 no 
applicant shall be discriminated against because of such applicant's 
religious or conscientious commitment to offer only natural family 
planning; and, additionally, all such applicants shall comply with the 
requirements of the previous proviso: Provided further, That for 
purposes of this or any other Act authorizing or appropriating funds for 
foreign operations, export financing, and related programs, the term 
``motivate'', as it relates to family planning assistance, shall not be 
construed to prohibit the provision, consistent with local law, of 
information or counseling about all pregnancy options: Provided further, 
That nothing in this paragraph shall be construed to alter any existing 
statutory prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961.

                         development assistance

    For necessary expenses to carry out the provisions of sections 103, 
105, 106, and 131, and chapter 10 of part I of the Foreign Assistance 
Act of 1961, $1,178,000,000, to remain available until September 30, 
2003: Provided, That $150,000,000 should be allocated for children's 
basic education: Provided further, That none of the funds appropriated 
under this heading may be made available for any activity which is in 
contravention to the Convention on International Trade in Endangered 
Species of Flora and Fauna: Provided further, That of the funds 
appropriated under this heading and the heading ``Child Survival and 
Health Programs Fund'', $2,000,000 should be made available for Laos: 
Provided further, That funds made available under the previous proviso 
should be made available only through nongovernmental organizations: 
Provided further, That of the funds appropriated under this heading that 
are made available for assistance programs for displaced and orphaned 
children and victims of war, not to exceed $32,500, in addition to funds 
otherwise available for such purposes, may be used to monitor and 
provide oversight of such programs: Provided further, That of the 
aggregate amount of the funds appropriated by this Act that are made 
available for agriculture and rural development programs, $25,000,000 
should be made available for plant biotechnology research and 
development: Provided further, That not less than $2,300,000 should be 
made available for core support for the International Fertilizer 
Development Center: Provided further, That of the funds appropriated 
under this heading, not less than $18,000,000 should be made available 
for the American Schools and Hospitals Abroad program: Provided further, 
That of the funds appropriated under this heading, not less than 
$275,000,000 should be made available for programs and activities which 
directly protect tropical forests, biodiversity and endangered species, 
promote the sustainable use of natural resources, and promote a wide 
range of clean energy and energy conservation activities, including the 
transfer of cleaner and environmentally sustainable energy technologies, 
and related activities.

[[Page 115 STAT. 2123]]

                                  burma

    Of the funds appropriated under the heading ``Economic Support 
Fund'', not less than $6,500,000 shall be made available to support 
democracy activities in Burma, democracy and humanitarian activities 
along the Burma-Thailand border, and for Burmese student groups and 
other organizations located outside Burma: Provided, That funds made 
available for Burma-related activities under this heading may be made 
available notwithstanding any other provision of law: Provided further, 
That the provision of such funds shall be made available subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That title II of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2001, as enacted by 
section 101(a) of Public Law 106-429, <<NOTE: 22 USC 2151u note.>> is 
amended, under the heading ``Burma'', by inserting ``, `Child Survival 
and Disease Programs Fund','' after ``Fund''.

                    international disaster assistance

    For necessary expenses for international disaster relief, 
rehabilitation, and reconstruction assistance pursuant to section 491 of 
the Foreign Assistance Act of 1961, as amended, $235,500,000, to remain 
available until expended.

                         transition initiatives

    For necessary expenses for international disaster rehabilitation and 
reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $50,000,000, to remain available until expended, 
to support transition to democracy and to long-term development of 
countries in crisis: Provided, That such support may include assistance 
to develop, strengthen, or preserve democratic institutions and 
processes, revitalize basic infrastructure, and foster the peaceful 
resolution of conflict: Provided 
further, <<NOTE: Reports. Deadline.>> That the United States Agency for 
International Development shall submit a report to the Committees on 
Appropriations at least 5 days prior to beginning a new program of 
assistance.

                      development credit authority

                      (including transfer of funds)

    For the cost of direct loans and loan guarantees, up to $18,500,000, 
as authorized by sections 108 and 635 of the Foreign Assistance Act of 
1961: Provided, That such funds shall be derived by transfer from funds 
appropriated by this Act to carry out part I of the Foreign Assistance 
Act of 1961, and under the heading ``Assistance for Eastern Europe and 
the Baltic States'': Provided further, That such funds shall be made 
available only for micro and small enterprise programs, urban programs, 
and other programs which further the purposes of part I of the Act: 
Provided further, That during fiscal year 2002, commitments to guarantee 
loans shall not exceed $267,500,000: Provided further, That such costs 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, <<NOTE: Applicability.>> That the provisions of 
section 107A(d) (relating to general provisions applicable to the 
Development Credit Authority) of the Foreign Assistance Act of 1961, as 
contained in section 306 of H.R. 1486 as reported by the House Committee

[[Page 115 STAT. 2124]]

on International Relations on May 9, 1997, shall be applicable to direct 
loans and loan guarantees provided under this heading. In addition, for 
administrative expenses to carry out credit programs administered by the 
United States Agency for International Development, $7,500,000, all of 
which may be transferred to and merged with the appropriation for 
Operating Expenses of the United States Agency for International 
Development: Provided further, That funds appropriated under this 
heading shall remain available until September 30, 2007.

      payment to the foreign service retirement and disability fund

    For payment to the ``Foreign Service Retirement and Disability 
Fund'', as authorized by the Foreign Service Act of 1980, $44,880,000.

    operating expenses of the united states agency for international 
                               development

    For necessary expenses to carry out the provisions of section 667, 
$549,000,000: Provided, <<NOTE: Reports. Deadline.>> That none of the 
funds appropriated under this heading may be made available to finance 
the construction (including architect and engineering services), 
purchase, or long term lease of offices for use by the United States 
Agency for International Development, unless the Administrator has 
identified such proposed construction (including architect and 
engineering services), purchase, or long term lease of offices in a 
report submitted to the Committees on Appropriations at least 15 days 
prior to the obligation of these funds for such purposes: Provided 
further, That the previous proviso shall not apply where the total cost 
of construction (including architect and engineering services), 
purchase, or long term lease of offices does not exceed $1,000,000: 
Provided further, That of the funds appropriated under this heading, up 
to $10,000,000 may remain available until expended for security-related 
costs.

    operating expenses of the united states agency for international 
                 development office of inspector general

    For necessary expenses to carry out the provisions of section 667, 
$31,500,000, to remain available until September 30, 2003, which sum 
shall be available for the Office of the Inspector General of the United 
States Agency for International Development.

                   Other Bilateral Economic Assistance

                          economic support fund

    For necessary expenses to carry out the provisions of chapter 4 of 
part II, $2,199,000,000, to remain available until September 30, 2003: 
Provided, <<NOTE: Israel. Deadline.>> That of the funds appropriated 
under this heading, not less than $720,000,000 shall be available only 
for Israel, which sum shall be available on a grant basis as a cash 
transfer and shall be disbursed within 30 days of the enactment of this 
Act or by October 31, 2001, whichever is later: Provided 
further, <<NOTE: Egypt.>> That not less than $655,000,000 shall be 
available only for Egypt, which sum shall be provided on a grant basis, 
and of which sum cash transfer assistance shall be provided with the

[[Page 115 STAT. 2125]]

understanding that Egypt will undertake significant economic reforms 
which are additional to those which were undertaken in previous fiscal 
years, and of which not less than $200,000,000 shall be provided as 
Commodity Import Program assistance: Provided 
further, <<NOTE: President. Israel.>> That in exercising the authority 
to provide cash transfer assistance for Israel, the President shall 
ensure that the level of such assistance does not cause an adverse 
impact on the total level of nonmilitary exports from the United States 
to such country and that Israel enters into a side letter agreement in 
an amount proportional to the fiscal year 1999 agreement: Provided 
further, That of the funds appropriated under this heading, $150,000,000 
should be made available for assistance for Jordan: Provided further, 
That of the funds appropriated under this heading, $50,000,000 should be 
made available for assistance for Indonesia: Provided 
further, <<NOTE: Cyprus.>> That not less than $15,000,000 of the funds 
appropriated under this heading shall be made available for Cyprus to be 
used only for scholarships, administrative support of the scholarship 
program, bicommunal projects, and measures aimed at reunification of the 
island and designed to reduce tensions and promote peace and cooperation 
between the two communities on Cyprus: Provided 
further, <<NOTE: Lebanon.>> That not less than $35,000,000 of the funds 
appropriated under this heading shall be made available for assistance 
for Lebanon to be used, among other programs, for scholarships and 
direct support of the American educational institutions in Lebanon: 
Provided further, That notwithstanding section 534(a) of this Act, funds 
appropriated under this heading that are made available for assistance 
for the Central Government of Lebanon shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, <<NOTE: Child abduction.>> That the Government of Lebanon 
should enforce the custody and international pickup orders, issued 
during calendar year 2001, of Lebanon's civil courts regarding abducted 
American children in Lebanon: Provided further, <<NOTE: East 
Timor.>> That of the funds appropriated under this heading, not less 
than $25,000,000 shall be made available for assistance for East Timor 
of which up to $1,000,000 may be transferred to and merged with the 
appropriation for Operating Expenses of the United States Agency for 
International Development: Provided further, That funds appropriated 
under this heading may be used, notwithstanding any other provision of 
law, to provide assistance to the National Democratic Alliance of Sudan 
to strengthen its ability to protect civilians from attacks, slave 
raids, and aerial bombardment by the Sudanese Government forces and its 
militia allies, and the provision of such funds shall be subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That in the previous proviso, the term ``assistance'' 
includes non-lethal, non-food aid such as blankets, medicine, fuel, 
mobile clinics, water drilling equipment, communications equipment to 
notify civilians of aerial bombardment, non-military vehicles, tents, 
and shoes: Provided further, That with respect to funds appropriated 
under this heading in this Act or prior Acts making appropriations for 
foreign operations, export financing, and related programs, the 
responsibility for policy decisions and justifications for the use of 
such funds, including whether there will be a program for a country that 
uses those funds and the amount of each such program, shall be the 
responsibility of the Secretary of State and the Deputy Secretary of 
State and this responsibility shall not be delegated.

[[Page 115 STAT. 2126]]

                     international fund for ireland

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $25,000,000, which shall 
be available for the United States contribution to the International 
Fund for Ireland and shall be made available in accordance with the 
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 
99-415): Provided, That such amount shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 2003.

           assistance for eastern europe and the baltic states

    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $621,000,000, to remain available until 
September 30, 2003, which shall be available, notwithstanding any other 
provision of law, for assistance and for related programs for Eastern 
Europe and the Baltic States: Provided, That not to exceed $21,500,000 
of the funds appropriated under this heading in this Act and in prior 
Acts making appropriations for foreign operations, export financing, and 
related programs, together with not to exceed $21,500,000 of the funds 
appropriated under the heading ``Economic Support Fund'' in this Act and 
such prior Acts, may be made available for the cost, as defined in 
section 502 of the Congressional Budget Act of 1974, of modifying direct 
loans and guarantees for the Federal Republic of Yugoslavia: Provided 
further, That funds made available for assistance for Kosovo from funds 
appropriated under this heading and under the headings ``Economic 
Support Fund'' and ``International Narcotics Control and Law 
Enforcement'' should not exceed 15 percent of the total resources 
pledged by all donors for calendar year 2002 for assistance for Kosovo 
as of March 31, 2002: Provided further, That none of the funds made 
available under this Act for assistance for Kosovo shall be made 
available for large scale physical infrastructure reconstruction.
    (b) Funds appropriated under this heading or in prior appropriations 
Acts that are or have been made available for an Enterprise Fund may be 
deposited by such Fund in interest-bearing accounts prior to the Fund's 
disbursement of such funds 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.
    (c) Funds appropriated under this heading shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained in 
that Act for the use of economic assistance.
    (d) With regard to funds appropriated under this heading for the 
economic revitalization program in Bosnia and Herzegovina, and local 
currencies generated by such funds (including the conversion of funds 
appropriated under this heading into currency used by Bosnia and 
Herzegovina as local currency and local currency returned or repaid 
under such program) the Administrator of the

[[Page 115 STAT. 2127]]

United States Agency for International Development shall provide written 
approval for grants and loans prior to the obligation and expenditure of 
funds for such purposes, and prior to the use of funds that have been 
returned or repaid to any lending facility or grantee.
    (e) <<NOTE: Applicability.>> The provisions of section 529 of this 
Act shall apply to funds made available under subsection (d) and to 
funds appropriated under this heading: Provided, That notwithstanding 
any provision of this or any other Act, including provisions in this 
subsection regarding the application of section 529 of this Act, local 
currencies generated by, or converted from, funds appropriated by this 
Act and by previous appropriations Acts and made available for the 
economic revitalization program in Bosnia may be used in Eastern Europe 
and the Baltic States to carry out the provisions of the Foreign 
Assistance Act of 1961 and the Support for East European Democracy 
(SEED) Act of 1989.

    (f) The President is authorized to withhold funds appropriated under 
this heading made available for economic revitalization programs in 
Bosnia and Herzegovina, if he determines and certifies to the Committees 
on Appropriations that the Federation of Bosnia and Herzegovina has not 
complied with article III of annex 1-A of the General Framework 
Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal 
of foreign forces, and that intelligence cooperation on training, 
investigations, and related activities between Iranian officials and 
Bosnian officials has not been terminated.

    assistance for the independent states of the former soviet union

    (a) For necessary expenses to carry out the provisions of chapters 
11 and 12 of part I of the Foreign Assistance Act of 1961 and the 
FREEDOM Support Act, for assistance for the Independent States of the 
former Soviet Union and for related programs, $784,000,000, to remain 
available until September 30, 2003: 
Provided, <<NOTE: Applicability.>> That the provisions of such chapters 
shall apply to funds appropriated by this paragraph: Provided further, 
That of the funds made available for the Southern Caucasus region, 
notwithstanding any other provision of law, funds may be used for 
confidence-building measures and other activities in furtherance of the 
peaceful resolution of the regional conflicts, especially those in the 
vicinity of Abkhazia and Nagorno-Karabagh: Provided further, That of the 
funds appropriated under this heading, not less than $1,500,000 should 
be available only to meet the health and other assistance needs of 
victims of trafficking in persons: Provided further, That of the funds 
appropriated under this heading not less than $17,500,000 shall be made 
available solely for the Russian Far East: Provided further, That, 
notwithstanding any other provision of law, funds appropriated under 
this heading in this Act or prior Acts making appropriations for foreign 
operations, export financing, or related programs, that are made 
available pursuant to the provisions of section 807 of the FREEDOM 
Support Act (Public Law 102-511) shall be subject to the ceiling on 
administrative expenses contained in section 807(a)(5) of the FREEDOM 
Support Act.

    (b) Of the funds appropriated under this heading, not less than 
$154,000,000 should be made available for assistance for Ukraine: 
Provided, That of this amount, not less than $30,000,000 should be made 
available for nuclear reactor safety initiatives:

[[Page 115 STAT. 2128]]

Provided further, <<NOTE: Deadlines. Reports.>> That not later than 60 
days after the date of enactment of this Act, and 120 days thereafter, 
the Department of State shall submit to the Committees on Appropriations 
a report on progress by the Government of Ukraine in investigating and 
bringing to justice individuals responsible for the murders of Ukrainian 
journalists.

    (c) Of the funds appropriated under this heading, not less than 
$90,000,000 shall be made available for assistance for Armenia.
    (d) Of the funds appropriated under this heading, $90,000,000 should 
be made available for assistance for Georgia.
    (e)(1) Of the funds appropriated under this heading that are 
allocated for assistance for the Government of the Russian Federation, 
60 percent shall be withheld from obligation until the President 
determines and certifies in writing to the Committees on Appropriations 
that the Government of the Russian Federation:
            (A) has terminated implementation of arrangements to provide 
        Iran with technical expertise, training, technology, or 
        equipment necessary to develop a nuclear reactor, related 
        nuclear research facilities or programs, or ballistic missile 
        capability; and
            (B) is providing full access to international non-government 
        organizations providing humanitarian relief to refugees and 
        internally displaced persons in Chechnya.

    (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, child survival 
        activities, or assistance for victims of trafficking in persons; 
        and
            (B) activities authorized under title V (Nonproliferation 
        and Disarmament Programs and Activities) of the FREEDOM Support 
        Act.

    (f) Of the funds appropriated under this heading, not less than 
$49,000,000 should be made available, in addition to funds otherwise 
available for such purposes, for assistance for child survival, 
environmental and reproductive health/family planning, and to combat 
HIV/AIDS, tuberculosis, and other infectious diseases, and for related 
activities.
    (g)(1) Section 907 of the FREEDOM Support Act shall not apply to--
            (A) activities to support democracy or assistance under 
        title V of the FREEDOM Support Act and section 1424 of Public 
        Law 104-201 or non-proliferation assistance;
            (B) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2421);
            (C) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his or 
        her official capacity;
            (D) any insurance, reinsurance, guarantee or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
            (E) any financing provided under the Export-Import Bank Act 
        of 1945; or
            (F) humanitarian assistance.

[[Page 115 STAT. 2129]]

    (2) <<NOTE: 22 USC 5812 note.>> The President may waive section 907 
of the FREEDOM Support Act if he determines and certifies to the 
Committees on Appropriations that to do so--
            (A) is necessary to support United States efforts to counter 
        international terrorism; or
            (B) is necessary to support the operational readiness of 
        United States Armed Forces or coalition partners to counter 
        international terrorism; or
            (C) is important to Azerbaijan's border security; and
            (D) will not undermine or hamper ongoing efforts to 
        negotiate a peaceful settlement between Armenia and Azerbaijan 
        or be used for offensive purposes against Armenia.

    (3) <<NOTE: 22 USC 5812 note.>> The authority of paragraph (2) may 
only be exercised through December 31, 2002.

    (4) <<NOTE: 22 USC 5812 note.>> The President may extend the waiver 
authority provided in paragraph (2) on an annual basis on or after 
December 31, 2002 if he determines and certifies to the Committees on 
Appropriations in accordance with the provisions of paragraph (2).

    (5) <<NOTE: 22 USC 5812 note.>> The Committees on Appropriations 
shall be consulted prior to the provision of any assistance made 
available pursuant to paragraph (2).

    (6) <<NOTE: Deadline. Reports. 22 USC 5812 note.>> Within 60 days of 
any exercise of the authority under paragraph (2) the President shall 
send a report to the appropriate congressional committees specifying in 
detail the following--
            (A) the nature and quantity of all training and assistance 
        provided to the Government of Azerbaijan pursuant to paragraph 
        (2);
            (B) the status of the military balance between Azerbaijan 
        and Armenia and the impact of United States assistance on that 
        balance; and
            (C) the status of negotiations for a peaceful settlement 
        between Armenia and Azerbaijan and the impact of United States 
        assistance on those negotiations.

                          Independent Agencies

                        inter-american foundation

    For expenses necessary to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of 
the Foreign Assistance Act of 1969, and to make commitments without 
regard to fiscal year limitations, as provided by 31 U.S.C. 9104(b)(3), 
$13,106,950.

                     african development foundation

    For expenses necessary to carry out title V of the International 
Security and Development Cooperation Act of 1980, Public Law 96-533, and 
to make commitments without regard to fiscal year limitations, as 
provided by 31 U.S.C. 9104(b)(3), $16,542,000: Provided, That funds made 
available to grantees may be invested pending expenditure for project 
purposes when authorized by the President of the Foundation: Provided 
further, That interest earned shall be used only for the purposes for 
which the grant was made: Provided 
further, <<NOTE: Applicability.>> That this authority applies to 
interest earned both prior to and following enactment of this provision: 
Provided further, That notwithstanding section 505(a)(2) of the African 
Development Foundation Act, in exceptional circumstances the

[[Page 115 STAT. 2130]]

board of directors of the Foundation may waive the $250,000 limitation 
contained in that section with respect to a project: Provided 
further, <<NOTE: Reports.>> That the Foundation shall provide a report 
to the Committees on Appropriations after each time such waiver 
authority is exercised.

                               peace corps

    For necessary expenses to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $275,000,000, including the purchase of not to 
exceed five passenger motor vehicles for administrative purposes for use 
outside of the United States: Provided, <<NOTE: Abortion.>> That none of 
the funds appropriated under this heading shall be used to pay for 
abortions: Provided further, That funds appropriated under this heading 
shall remain available until September 30, 2003.

                           Department of State

           international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $217,000,000, to remain available until 
expended: Provided, That any funds made available under this heading for 
anti-crime programs and activities shall be made available subject to 
the regular notification procedures of the Committees on Appropriations: 
Provided further, That during fiscal year 2002, the Department of State 
may also use the authority of section 608 of the Foreign Assistance Act 
of 1961, without regard to its restrictions, to receive excess property 
from an agency of the United States Government for the purpose of 
providing it to a foreign country under chapter 8 of part I of that Act 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That of the funds appropriated under 
this heading, $10,000,000 should be made available for anti-trafficking 
in persons programs, including trafficking prevention, protection and 
assistance for victims, and prosecution of traffickers: Provided 
further, That of the funds appropriated under this heading, not more 
than $21,738,000 may be available for administrative expenses.

                      andean counterdrug initiative

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961 solely to support counterdrug activities in the 
Andean region of South America, $625,000,000, to remain available until 
expended: Provided, That in addition to the funds appropriated under 
this heading and subject to the regular notification procedures of the 
Committees on Appropriations, the President may make available up to an 
additional $35,000,000 for the Andean Counterdrug Initiative, which may 
be derived from funds appropriated under the heading ``International 
Narcotics Control and Law Enforcement'' in this Act and in prior Acts 
making appropriations for foreign operations, export financing, and 
related programs: Provided further, That of the amount appropriated 
under this heading, not less than $215,000,000 shall be apportioned 
directly to the United States Agency for International Development, to 
be used for economic and social programs: Provided further, That funds 
appropriated by this Act that are used for the procurement of chemicals 
for aerial coca fumigation programs may be made

[[Page 115 STAT. 2131]]

available for such programs only if the Secretary of State, after 
consultation with the Administrator of the Environmental Protection 
Agency, the Secretary of the Department of Agriculture, and, if 
appropriate, the Director of the Centers for Disease Control and 
Prevention, determines and reports to the Committees on Appropriations 
that: (1) aerial coca fumigation is being carried out in accordance with 
regulatory controls required by the Environmental Protection Agency as 
labeled for use in the United States, and after consultation with the 
Colombian Government to ensure that the fumigation is in accordance with 
Colombian laws; (2) the chemicals used in the aerial fumigation of coca, 
in the manner in which they are being applied, do not pose unreasonable 
risks or adverse effects to humans or the environment; and (3) 
procedures are available to evaluate claims of local citizens that their 
health was harmed or their licit agricultural crops were damaged by such 
aerial coca fumigation, and to provide fair compensation for meritorious 
claims; and such funds may not be made available for such purposes after 
six months from the date of enactment of this Act unless alternative 
development programs have been developed, in consultation with 
communities and local authorities in the departments in which such 
aerial coca fumigation is planned, and in the departments in which such 
aerial coca fumigation has been conducted such programs are being 
implemented: Provided further, That none of the funds appropriated by 
this Act may be made available to support a Peruvian air interdiction 
program until the Secretary of State and Director of Central 
Intelligence certify to the Congress, 30 days before any resumption of 
United States involvement in a Peruvian air interdiction program, that 
an air interdiction program that permits the ability of the Peruvian Air 
Force to shoot down aircraft will include enhanced safeguards and 
procedures to prevent the occurrence of any incident similar to the 
April 20, 2001 incident: Provided further, That section 482(b) of the 
Foreign Assistance Act of 1961 shall not apply to funds appropriated 
under this heading: Provided further, That assistance provided with 
funds appropriated under this heading that is made available 
notwithstanding section 482(b) of the Foreign Assistance Act of 1961, as 
amended, shall be made available subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
section 3204(b)(1)(A) of Public Law 106-246 <<NOTE: 114 Stat. 576.>> is 
amended by striking ``500'' and inserting in lieu thereof ``400'', and 
section 3204(b)(1)(B) of Public Law 106-246 is amended by striking 
``300'' and inserting in lieu thereof ``400'': Provided 
further, <<NOTE: President.>> That the President shall ensure that if 
any helicopter procured with funds under this heading is used to aid or 
abet the operations of any illegal self-defense group or illegal 
security cooperative, such helicopter shall be immediately returned to 
the United States: Provided further, That funds made available under 
this heading shall be subject to the regular notification procedures of 
the Committees on Appropriations: Provided further, That of the funds 
appropriated under this heading, not more than $14,240,000 may be 
available for administrative expenses of the Department of State, and 
not more than $4,500,000 may be available for administrative expenses of 
the United States Agency for International Development.

[[Page 115 STAT. 2132]]

                    migration and refugee assistance

    For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses of 
personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 5, 
United States Code; purchase and hire of passenger motor vehicles; and 
services as authorized by section 3109 of title 5, United States Code, 
$705,000,000, which shall remain available until expended: Provided, 
That not more than $16,000,000 may be available for administrative 
expenses: Provided further, That funds appropriated under this heading 
may be made available for a headquarters contribution to the 
International Committee of the Red Cross only if the Secretary of State 
determines (and so reports to the appropriate committees of the 
Congress) that the Magen David Adom Society of Israel is not being 
denied participation in the activities of the International Red Cross 
and Red Crescent Movement: Provided further, That not less than 
$60,000,000 of the funds made available under this heading shall be made 
available for refugees from the former Soviet Union and Eastern Europe 
and other refugees resettling in Israel.

      united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 260(c)), $15,000,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 2(c)(2) 
of the Act which would limit the amount of funds which could be 
appropriated for this purpose.

     nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism and 
related programs and activities, $313,500,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 
for anti-terrorism assistance, chapter 9 of part II of the Foreign 
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 
23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 
for demining activities, the clearance of unexploded ordnance, the 
destruction of small arms, and related activities, notwithstanding any 
other provision of law, including activities implemented through 
nongovernmental and international organizations, section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA) and a voluntary contribution 
to the Korean Peninsula Energy Development Organization (KEDO), and for 
a United States contribution to the Comprehensive Nuclear Test Ban 
Treaty Preparatory Commission: 
Provided, <<NOTE: Notification. Deadline.>> That the Secretary of State 
shall inform the Committees on Appropriations at least 15 days

[[Page 115 STAT. 2133]]

prior to the obligation of funds for the Comprehensive Nuclear Test Ban 
Treaty Preparatory Commission: Provided further, That of this amount not 
to exceed $14,000,000, to remain available until expended, may be made 
available for the Nonproliferation and Disarmament Fund, notwithstanding 
any other provision of law, to promote bilateral and multilateral 
activities relating to nonproliferation and disarmament: Provided 
further, That such funds may also be used for such countries other than 
the Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the United 
States to do so following consultation with the appropriate committees 
of Congress: Provided further, That funds appropriated under this 
heading may be made available for the International Atomic Energy Agency 
only if the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to participate in 
the activities of that Agency: Provided further, That of the funds made 
available for demining and related activities, not to exceed $500,000, 
in addition to funds otherwise available for such purposes, may be used 
for administrative expenses related to the operation and management of 
the demining program.

                       Department of the Treasury

               international affairs technical assistance

    For necessary expenses to carry out the provisions of section 129 of 
the Foreign Assistance Act of 1961 (relating to international affairs 
technical assistance activities), $6,500,000, to remain available until 
expended, which shall be available notwithstanding any other provision 
of law.

                           debt restructuring

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, as the President 
may determine, for which funds have been appropriated or otherwise made 
available for programs within the International Affairs Budget Function 
150, including the cost of selling, reducing, or canceling amounts owed 
to the United States as a result of concessional loans made to eligible 
countries, pursuant to parts IV and V of the Foreign Assistance Act of 
1961, and of modifying concessional credit agreements with least 
developed countries, as authorized under section 411 of the Agricultural 
Trade Development and Assistance Act of 1954, as amended, and 
concessional loans, guarantees and credit agreements, as authorized 
under section 572 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461), and of 
canceling amounts owed, as a result of loans or guarantees made pursuant 
to the Export-Import Bank Act of 1945, by countries that are eligible 
for debt reduction pursuant to title V of H.R. 3425 as enacted into law 
by section 1000(a)(5) of Public Law 106-113, $229,000,000, to remain 
available until expended: Provided, That not less than $5,000,000 of the 
funds appropriated under this heading shall be made available to carry 
out the provisions of part V of the Foreign Assistance Act of 1961, and 
up to $20,000,000 of unobligated balances of funds available under this 
heading from prior year appropriations acts should be made available to 
carry out such provisions: Provided further, That funds

[[Page 115 STAT. 2134]]

appropriated or otherwise made available under this heading in this Act 
may be used by the Secretary of the Treasury to pay to the Heavily 
Indebted Poor Countries (HIPC) Trust Fund administered by the 
International Bank for Reconstruction and Development amounts for the 
benefit of countries that are eligible for debt reduction pursuant to 
title V of H.R. 3425 as enacted into law by section 1000(a)(5) of Public 
Law 106-113: Provided further, That amounts paid to the HIPC Trust Fund 
may be used only to fund debt reduction under the enhanced HIPC 
initiative by--
            (1) the Inter-American Development Bank;
            (2) the African Development Fund;
            (3) the African Development Bank; and
            (4) the Central American Bank for Economic Integration:

Provided further, That funds may not be paid to the HIPC Trust Fund for 
the benefit of any country if the Secretary of State has credible 
evidence that the government of such country is engaged in a consistent 
pattern of gross violations of internationally recognized human rights 
or in military or civil conflict that undermines its ability to develop 
and implement measures to alleviate poverty and to devote adequate human 
and financial resources to that end: Provided further, That on the basis 
of final appropriations, the Secretary of the Treasury shall consult 
with the Committees on Appropriations concerning which countries and 
international financial institutions are expected to benefit from a 
United States contribution to the HIPC Trust Fund during the fiscal 
year: Provided further, <<NOTE: Notification. Deadline.>> That the 
Secretary of the Treasury shall inform the Committees on Appropriations 
not less than 15 days in advance of the signature of an agreement by the 
United States to make payments to the HIPC Trust Fund of amounts for 
such countries and institutions: Provided further, That the Secretary of 
the Treasury may disburse funds designated for debt reduction through 
the HIPC Trust Fund only for the benefit of countries that--
            (a) have committed, for a period of 24 months, not to accept 
        new market-rate loans from the international financial 
        institution receiving debt repayment as a result of such 
        disbursement, other than loans made by such institution to 
        export-oriented commercial projects that generate foreign 
        exchange which are generally referred to as ``enclave'' loans; 
        and
            (b) have documented and demonstrated their commitment to 
        redirect their budgetary resources from international debt 
        repayments to programs to alleviate poverty and promote economic 
        growth that are additional to or expand upon those previously 
        available for such purposes:

Provided further, That any limitation of subsection (e) of section 411 
of the Agricultural Trade Development and Assistance Act of 1954 shall 
not apply to funds appropriated under this heading: Provided further, 
That none of the funds made available under this heading in this or any 
other appropriations Acts shall be made available for Sudan or Burma 
unless the Secretary of Treasury determines and notifies the Committees 
on Appropriations that a democratically elected government has taken 
office.

[[Page 115 STAT. 2135]]

                     TITLE III--MILITARY ASSISTANCE

                   Funds Appropriated to the President

              international military education and training

    For necessary expenses to carry out the provisions of section 541 of 
the Foreign Assistance Act of 1961, $70,000,000, of which up to 
$3,000,000 may remain available until expended: Provided, That the 
civilian personnel for whom military education and training may be 
provided under this heading may include civilians who are not members of 
a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for 
human rights: Provided further, That funds appropriated under this 
heading for military education and training for Indonesia and Guatemala 
may only be available for expanded international military education and 
training and funds made available for Algeria, Indonesia and Guatemala 
may only be provided through the regular notification procedures of the 
Committees on Appropriations.

                   foreign military financing program

    For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$3,650,000,000: Provided, <<NOTE: Israel. Egypt.>> That of the funds 
appropriated under this heading, not less than $2,040,000,000 shall be 
available for grants only for Israel, and not less than $1,300,000,000 
shall be made available for grants only for Egypt: Provided 
further, <<NOTE: Deadline.>> That the funds appropriated by this 
paragraph for Israel shall be disbursed within 30 days of the enactment 
of this Act or by October 31, 2001, whichever is later: Provided 
further, That to the extent that the Government of Israel requests that 
funds be used for such purposes, grants made available for Israel by 
this paragraph shall, as agreed by Israel and the United States, be 
available for advanced weapons systems, of which not less than 
$535,000,000 shall be available for the procurement in Israel of defense 
articles and defense services, including research and development: 
Provided further, That of the funds appropriated by this paragraph, not 
less than $75,000,000 shall be made available for assistance for Jordan: 
Provided further, That of the funds appropriated by this paragraph, not 
less than $3,500,000 should be made available for assistance for 
Tunisia: Provided further, That during fiscal year 2002, the President 
is authorized to, and shall, direct the drawdowns of defense articles 
from the stocks of the Department of Defense, defense services of the 
Department of Defense, and military education and training of an 
aggregate value of not less than $5,000,000 under the authority of this 
proviso for Tunisia for the purposes of part II of the Foreign 
Assistance Act of 1961: Provided further, That of the funds appropriated 
by this paragraph and under the heading ``International Narcotics 
Control and Law Enforcement'', not less than $2,300,000 shall be made 
available for assistance for Thailand, of which not less than $1,000,000 
shall be made available from funds appropriated under the heading 
``International Narcotics Control and Law Enforcement'' and which shall 
be in addition to other funds available for such purposes: Provided 
further, That of the funds appropriated by this paragraph, not less than 
$4,000,000 shall be made available for assistance

[[Page 115 STAT. 2136]]

for Armenia: Provided further, That funds appropriated by this paragraph 
shall be nonrepayable notwithstanding any requirement in section 23 of 
the Arms Export Control Act: Provided further, That funds made available 
under this paragraph shall be obligated upon apportionment in accordance 
with paragraph (5)(C) of title 31, United States Code, section 1501(a).

    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: Provided, 
That all country and funding level increases in allocations shall be 
submitted through the regular notification procedures of section 515 of 
this Act: Provided further, That none of the funds appropriated under 
this heading shall be available for assistance for Sudan and Liberia: 
Provided further, That funds made available under this heading may be 
used, notwithstanding any other provision of law, for demining, the 
clearance of unexploded ordnance, and related activities, and may 
include activities implemented through nongovernmental and international 
organizations: Provided further, That none of the funds appropriated 
under this heading shall be available for assistance for Guatemala: 
Provided further, That only those countries for which assistance was 
justified for the ``Foreign Military Sales Financing Program'' in the 
fiscal year 1989 congressional presentation for security assistance 
programs may utilize funds made available under this heading for 
procurement of defense articles, defense services or design and 
construction services that are not sold by the United States Government 
under the Arms Export Control Act: Provided further, That funds 
appropriated under this heading shall be expended at the minimum rate 
necessary to make timely payment for defense articles and services: 
Provided further, That not more than $35,000,000 of the funds 
appropriated under this heading may be obligated for necessary expenses, 
including the purchase of passenger motor vehicles for replacement only 
for use outside of the United States, for the general costs of 
administering military assistance and sales: Provided further, That not 
more than $348,000,000 of funds realized pursuant to section 21(e)(1)(A) 
of the Arms Export Control Act may be obligated for expenses incurred by 
the Department of Defense during fiscal year 2002 pursuant to section 
43(b) of the Arms Export Control Act, except that this limitation may be 
exceeded only through the regular notification procedures of the 
Committees on Appropriations: Provided 
further, <<NOTE: Deadline. Egypt.>> That foreign military financing 
program funds estimated to be outlayed for Egypt during fiscal year 2002 
shall be transferred to an interest bearing account for Egypt in the 
Federal Reserve Bank of New York within 30 days of enactment of this Act 
or by October 31, 2001, whichever is later: Provided further, That the 
ninth proviso under the heading ``Foreign Military Financing Program'' 
in title III of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2001, as enacted by Public Law 106-
429, <<NOTE: 114 Stat. 1900A-19.>> is amended by inserting ``or 2002'' 
after ``2001''.

[[Page 115 STAT. 2137]]

                         peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 of 
the Foreign Assistance Act of 1961, $135,000,000: Provided, That none of 
the funds appropriated under this heading shall be obligated or expended 
except as provided through the regular notification procedures of the 
Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                   funds appropriated to the president

                  international financial institutions

                       global environment facility

    For the United States contribution for the Global Environment 
Facility, $100,500,000, to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility, by the 
Secretary of the Treasury, to remain available until expended.

        contribution to the international development association

    For payment to the International Development Association by the 
Secretary of the Treasury, $792,400,000, to remain available until 
expended: Provided, That in negotiating United States participation in 
the next replenishment of the International Development Association, the 
Secretary of the Treasury shall accord high priority to providing the 
International Development Association with the policy flexibility to 
provide new grant assistance to countries eligible for debt reduction 
under the enhanced HIPC Initiative: Provided further, That the Secretary 
of the Treasury should instruct the United States executive director to 
the International Bank for Reconstruction and Development to vote 
against any water or sewage project in India that does not prohibit the 
use of scavenger labor.

      contribution to the multilateral investment guarantee agency

    For payment to the Multilateral Investment Guarantee Agency by the 
Secretary of the Treasury, $5,000,000, for the United States paid-in 
share of the increase in capital stock, to remain available until 
expended.

              limitation on callable capital subscriptions

    The United States Governor of the Multilateral Investment Guarantee 
Agency may subscribe without fiscal year limitation for the callable 
capital portion of the United States share of such capital stock in an 
amount not to exceed $25,000,000.

        contribution to the inter-american investment corporation

    For payment to the Inter-American Investment Corporation, by the 
Secretary of the Treasury, $18,000,000, for the United States share of 
the increase in subscriptions to capital stock, to remain available 
until expended.

[[Page 115 STAT. 2138]]

               contribution to the asian development fund

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the Asian Development Fund, as 
authorized by the Asian Development Bank Act, as amended, $98,017,050, 
to remain available until expended.

              contribution to the african development bank

    For payment to the African Development Bank by the Secretary of the 
Treasury, $5,100,000, for the United States paid-in share of the 
increase in capital stock, to remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the African Development Bank may 
subscribe without fiscal year limitation for the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $79,991,500.

              contribution to the african development fund

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the African Development Fund, 
$100,000,000, to remain available until expended.

  contribution to the european bank for reconstruction and development

    For payment to the European Bank for Reconstruction and Development 
by the Secretary of the Treasury, $35,778,717, for the United States 
share of the paid-in portion of the increase in capital stock, to remain 
available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the European Bank for Reconstruction 
and Development may subscribe without fiscal year limitation to the 
callable capital portion of the United States share of such capital 
stock in an amount not to exceed $123,237,803.

   contribution to the international fund for agricultural development

    For the United States contribution by the Secretary of the Treasury 
to increase the resources of the International Fund for Agricultural 
Development, $20,000,000, to remain available until expended.

                international organizations and programs

    For necessary expenses to carry out the provisions of section 301 of 
the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $208,500,000: 
Provided, That none of the funds appropriated under this heading may be 
made available to the Korean Peninsula Energy Development Organization 
(KEDO) or the International Atomic Energy Agency (IAEA): Provided 
further, That not less than $6,000,000 should be made available to the 
World Food Program.

[[Page 115 STAT. 2139]]

                       TITLE V--GENERAL PROVISIONS

              obligations during last month of availability

    Sec. 501. Except for the appropriations entitled ``International 
Disaster Assistance'', and ``United States Emergency Refugee and 
Migration Assistance Fund'', not more than 15 percent of any 
appropriation item made available by this Act shall be obligated during 
the last month of availability.

                   private and voluntary organizations

    Sec. 502. <<NOTE: 22 USC 2151u note.>> (a) None of the funds 
appropriated or otherwise made available by this Act for development 
assistance may be made available to any United States private and 
voluntary 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

    Sec. 503. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $126,500 shall be for official residence 
expenses of the United States Agency for International Development 
during the current fiscal year: Provided, That appropriate steps shall 
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.

                         limitation on expenses

    Sec. 504. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $5,000 shall be for entertainment expenses of 
the United States Agency for International Development during the 
current fiscal year.

                limitation on representational allowances

    Sec. 505. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $95,000 shall be available for 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'',

[[Page 115 STAT. 2140]]

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

    Sec. 506. None of the funds appropriated or made available (other 
than funds for ``Nonproliferation, Anti-terrorism, Demining and Related 
Programs'') pursuant to this Act, for carrying out the Foreign 
Assistance Act of 1961, may be used, except for purposes of nuclear 
safety, to finance the export of nuclear equipment, fuel, or technology.

        prohibition against direct funding for certain countries

    Sec. 507. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance directly 
any assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, 
Sudan, or Syria: Provided, That for purposes of this section, the 
prohibition on obligations or expenditures shall include direct loans, 
credits, insurance and guarantees of the Export-Import Bank or its 
agents.

                             military coups

    Sec. 508. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance directly 
any assistance to the government of any country whose duly elected head 
of government is deposed by decree or military coup: Provided, That 
assistance may be resumed to such government if the President determines 
and certifies to the 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

    Sec. 509. None of the funds made available by this Act may be 
obligated under an appropriation account to which they were not 
appropriated, except for transfers specifically provided for in this 
Act, unless the President, prior to the exercise of any authority 
contained in the Foreign Assistance Act of 1961 to transfer funds, 
consults with and provides a written policy justification to the

[[Page 115 STAT. 2141]]

Committees on Appropriations of the House of Representatives and the 
Senate.

                   deobligation/reobligation authority

    Sec. 510. Obligated balances of funds appropriated to carry out 
section 23 of the Arms Export Control Act as of the end of the fiscal 
year immediately preceding the current fiscal year are, if deobligated, 
hereby continued available during the current fiscal year for the same 
purpose under any authority applicable to such appropriations under this 
Act: Provided, That the authority of this subsection may not be used in 
fiscal year 2002.

                          availability of funds

    Sec. 511. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: 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

    Sec. 512. No part of any appropriation contained in this Act shall 
be used to furnish assistance to any country which is in default during 
a period in excess of one calendar year in payment to the United States 
of principal or interest on any loan made to the government of such 
country by the United States pursuant to a program for which funds are 
appropriated under this Act unless the President determines, following 
consultations with the Committees on Appropriations, that assistance to 
such country is in the national interest of the United States.

                           commerce and trade

    Sec. 513. (a) None of the funds appropriated or made available 
pursuant to this Act for direct assistance and none of the funds 
otherwise made available pursuant to this Act to the Export-Import Bank 
and the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding 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

[[Page 115 STAT. 2142]]

commodity: Provided, <<NOTE: Notification.>> 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

    Sec. 514. <<NOTE: 22 USC 262h note.>> The Secretary of the Treasury 
shall instruct the United States Executive Directors of the 
International Bank for Reconstruction and Development, the International 
Development Association, the International Finance Corporation, the 
Inter-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

    Sec. 515. For the purposes of providing the executive branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for ``Child Survival and Health Programs 
Fund'', ``Development Assistance'', ``International Organizations and 
Programs'', ``Trade and Development Agency'', ``International Narcotics 
Control and Law Enforcement'', ``Andean Counterdrug Initiative'', 
``Assistance for Eastern Europe and the Baltic States'', ``Assistance 
for the Independent States of the Former Soviet Union'', ``Economic 
Support Fund'', ``Peacekeeping 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,

[[Page 115 STAT. 2143]]

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

    Sec. 516. Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under this Act or any 
previously enacted Act making appropriations for foreign operations, 
export financing, and related programs, which are returned or not made 
available for organizations and programs because of the implementation 
of section 307(a) of the Foreign Assistance Act of 1961, shall remain 
available for obligation until September 30, 2003.

              independent states of the former soviet union

    Sec. 517. (a) None of the funds appropriated under the heading 
``Assistance for the Independent States of the Former Soviet Union'' 
shall be made available for assistance for a government of an 
Independent State of the former Soviet Union--
            (1) unless that government is making progress in 
        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.

[[Page 115 STAT. 2144]]

Assistance may be furnished without regard to this subsection if the 
President determines that to do so is in the national interest.
    (b) <<NOTE: 22 USC 5814 note.>> 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

    Sec. 518. None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign

[[Page 115 STAT. 2145]]

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

    Sec. 519. Not to exceed 5 percent of any appropriation other than 
for administrative expenses made available for fiscal year 2002, for 
programs under title I of this Act may be transferred between such 
appropriations for use for any of the purposes, programs, and activities 
for which the funds in such receiving account may be used, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 25 percent by any such transfer: Provided, That 
the exercise of such authority shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                    special notification requirements

    Sec. 520. None of the funds appropriated by this Act shall be 
obligated or expended for Colombia, Haiti, Liberia, Serbia, Sudan, 
Zimbabwe, Pakistan, or the Democratic Republic of the Congo except as 
provided through the regular notification procedures of the Committees 
on Appropriations.

              definition of program, project, and activity

    Sec. 521. For the purpose of this Act, ``program, project, and 
activity'' shall be defined at the appropriations Act account level and 
shall include all appropriations and authorizations Acts earmarks, 
ceilings, and limitations 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: <<NOTE: Reports. Deadline.>> (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

    Sec. 522. Up to $15,500,000 of the funds made available by this Act 
for assistance under the heading ``Child Survival and Health Programs 
Fund'', may be used to reimburse United States

[[Page 115 STAT. 2146]]

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

    Sec. 523. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated to finance indirectly any 
assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North 
Korea, or Sudan, unless the President of the United States certifies 
that the withholding of these funds is contrary to the national interest 
of the United States.

                notification on excess defense equipment

    Sec. 524. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 1961, 
the Department of Defense shall notify the Committees on Appropriations 
to the same extent and under the same conditions as are other committees 
pursuant to subsection (f) of that section: Provided, That before 
issuing a letter of offer to sell excess defense articles under the Arms 
Export Control Act, the Department of Defense shall notify the 
Committees on Appropriations in 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

    Sec. 525. Funds appropriated by this Act, except funds appropriated 
under the headings ``Peace Corps'' and ``Trade and Development Agency'', 
may be obligated and expended notwithstanding

[[Page 115 STAT. 2147]]

section 10 of Public Law 91-672 and section 15 of the State Department 
Basic Authorities Act of 1956.

                           democracy programs

    Sec. 526. (a) Funds appropriated by this Act that are provided to 
the National Endowment for Democracy may be made available 
notwithstanding any other provision of law or regulation: Provided, That 
notwithstanding any other provision of law, of the funds appropriated by 
this Act to carry out provisions of chapter 4 of part II of the Foreign 
Assistance Act of 1961, not less than $10,000,000 shall be made 
available for assistance for activities to support democracy, human 
rights, and the rule of law in the People's Republic of China, of which 
not less than $5,000,000 should be made available for the Human Rights 
and Democracy Fund of the Bureau of Democracy, Human Rights and Labor, 
Department of State, for such activities, and of which not to exceed 
$3,000,000 may be made available to nongovernmental organizations 
located outside the People's Republic of China to support activities 
which preserve cultural traditions and promote sustainable development 
and environmental conservation in Tibetan communities in Tibet: Provided 
further, That funds made available pursuant to the authority of this 
section for programs, projects, and activities in the People's Republic 
of China shall be subject to the regular notification procedures of the 
Committees on Appropriations.
    (b) In addition to the funds made available in subsection (a), of 
the funds appropriated by this Act under the heading ``Economic Support 
Fund'', not less than $10,000,000 should be made available for programs 
and activities to foster democracy, human rights, press freedoms, 
women's development, and the rule of law in 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

    Sec. 527. (a) Funds appropriated for bilateral assistance under any 
heading of this Act and funds appropriated under any such heading in a 
provision of law enacted prior to the enactment of this Act, shall not 
be made available to any country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism; or
            (2) otherwise supports international terrorism.

[[Page 115 STAT. 2148]]

    (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. <<NOTE: President. Federal 
Register, publication. Notification.>> 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

    Sec. 528. In order to enhance the continued participation of 
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

    Sec. 529. <<NOTE: 22 USC 2362 note.>> (a) Separate Accounts for 
Local Currencies.--(1) If assistance is furnished to the government of a 
foreign country under chapters 1 and 10 of part I or chapter 4 of part 
II of the Foreign Assistance Act of 1961 under agreements which result 
in the generation of local currencies of that country, the Administrator 
of the United States Agency for International Development shall--
            (A) require that local currencies be deposited in a separate 
        account established by that government;
            (B) enter into an agreement with that 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

[[Page 115 STAT. 2149]]

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) <<NOTE: President.>>  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

    Sec. 530. (a) No funds appropriated by this Act may be made as 
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

[[Page 115 STAT. 2150]]

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

    Sec. 531. <<NOTE: 50 USC 1701 note.>>  None of the funds 
appropriated or otherwise made 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

    Sec. 532. Unless expressly provided to the contrary, provisions of 
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. <<NOTE: Reports.>> 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

    Sec. 533. None of the funds appropriated by this Act may be 
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

[[Page 115 STAT. 2151]]

        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

    Sec. 534. (a) Afghanistan, Lebanon, Montenegro, Victims of War, 
Displaced Children, and Displaced Burmese.--Funds appropriated in titles 
I and II of this Act that are made available for Afghanistan, Lebanon, 
Montenegro, and for victims of war, displaced children, and displaced 
Burmese, may be made available notwithstanding any other provision of 
law: Provided, That any such funds that are made available for Cambodia 
shall be subject to the provisions of section 531(e) of the Foreign 
Assistance Act of 1961 and section 906 of the International Security and 
Development Cooperation Act of 1985.
    (b) Tropical Forestry and Biodiversity 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.

[[Page 115 STAT. 2152]]

    (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

    Sec. 535. It is the sense of the Congress that--
            (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

    Sec. 536. Of the funds appropriated or otherwise made available by 
this Act for ``Economic Support Fund'', assistance may be provided to 
strengthen the administration of justice in countries in Latin America 
and the Caribbean and in other regions consistent with the provisions of 
section 534(b) of the Foreign Assistance

[[Page 115 STAT. 2153]]

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

    Sec. 537. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter 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, <<NOTE: President.>> 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, <<NOTE: President. Notification.>> 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

    Sec. 538. (a) Funds appropriated by this Act which are earmarked may 
be reprogrammed for other programs within the same account 
notwithstanding the earmark if compliance with the earmark is made 
impossible by 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

[[Page 115 STAT. 2154]]

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

    Sec. 539. Ceilings and earmarks contained in this Act shall not be 
applicable to funds or authorities appropriated or otherwise made 
available by any subsequent Act unless such Act specifically so directs. 
Earmarks or minimum funding requirements contained in any other Act 
shall not be applicable to funds appropriated by this Act.

                 prohibition on publicity or propaganda

    Sec. 540. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before the date of the enactment of this Act by the 
Congress: Provided, That not to exceed $750,000 may be made available to 
carry out the provisions of section 316 of Public Law 96-533.

            purchase of american-made equipment and products

    Sec. 541. To the maximum extent practicable, assistance provided 
under this Act should make full use of American resources, including 
commodities, products, and services.

            prohibition of payments to united nations members

    Sec. 542. None of the funds appropriated or made available pursuant 
to this Act for carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrearages, or dues of 
any member of the United Nations or, from funds appropriated by this Act 
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, 
the costs for participation of another country's delegation at 
international conferences held under the auspices of multilateral or 
international organizations.

              nongovernmental organizations--documentation

    Sec. 543. None of the funds appropriated or made available pursuant 
to this Act shall be available to a nongovernmental organization which 
fails to provide upon timely request any document, file, or record 
necessary to the auditing requirements of the United States Agency for 
International Development.

[[Page 115 STAT. 2155]]

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

    Sec. 544. (a) None of the funds appropriated or otherwise made 
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. <<NOTE: Termination date.>> The prohibition under this section with 
respect to a foreign government shall terminate 12 months after that 
government ceases to provide such military 
equipment. <<NOTE: Applicability.>> 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) <<NOTE: President. Reports.>> 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

    Sec. 545. <<NOTE: District of Columbia. New 
York. Certification. Reports.>>  (a) In General.--Of the funds 
appropriated under this Act 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

    Sec. 546. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation Organization for 
the West Bank and Gaza unless the 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

[[Page 115 STAT. 2156]]

section 604(b)(2) of the Middle East Peace Facilitation Act of 1995 or 
to suspend the prohibition under other legislation, funds appropriated 
by this Act may not be obligated for assistance for the Palestine 
Liberation Organization for the West Bank and Gaza.

                      war crimes tribunals drawdown

    Sec. 547. If the President determines that doing so will contribute 
to a just resolution of charges regarding genocide or other violations 
of international humanitarian law, the President may direct a drawdown 
pursuant to 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

    Sec. 548. Notwithstanding any other provision of law, demining 
equipment available to the United States Agency for International 
Development and the Department of State and used in support of the 
clearance of landmines and unexploded ordnance for humanitarian purposes 
may be disposed of on a grant basis in foreign countries, subject to 
such terms and conditions as the President may 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

    Sec. 549. None of the funds appropriated by this Act may be 
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

[[Page 115 STAT. 2157]]

those who now occupy positions in the Palestinian Authority), have 
social contacts, and have incidental discussions.

               prohibition of payment of certain expenses

    Sec. 550. None of the funds appropriated or otherwise made available 
by this Act under the heading ``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

    Sec. 551. (a) Authority To Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961;
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act; or
            (3) any obligation or portion of such obligation, to pay for 
        purchases of United States agricultural commodities guaranteed 
        by the Commodity Credit Corporation under export credit 
        guarantee programs authorized pursuant to section 5(f ) of the 
        Commodity Credit Corporation Charter Act of June 29, 1948, as 
        amended, section 4(b) of the Food for Peace Act of 1966, as 
        amended (Public Law 89-808), or section 202 of the Agricultural 
        Trade Act of 1978, as 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;

[[Page 115 STAT. 2158]]

            (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

    Sec. 552. (a) Loans Eligible for Sale, Reduction, or 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) <<NOTE: President.>>  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) <<NOTE: Notification.>>  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.

[[Page 115 STAT. 2159]]

            (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

    Sec. 553. (a) Prohibition on Voluntary Contributions for the United 
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

    Sec. 554. The Government of Haiti shall be eligible to purchase 
defense articles and services under the Arms Export Control Act (22 
U.S.C. 2751 et seq.), for the Coast Guard: Provided, That the authority 
provided by this section shall be subject to the regular notification 
procedures of the Committees on Appropriations.

[[Page 115 STAT. 2160]]

          limitation on assistance to the palestinian authority

    Sec. 555. (a) Prohibition of Funds.--None of the funds appropriated 
by this Act to carry out the provisions of chapter 4 of part II of the 
Foreign Assistance Act of 1961 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

    Sec. 556. <<NOTE: Human rights.>> None of the funds made available 
by this Act may be provided to any unit of the security forces of a 
foreign country if the Secretary of State has credible 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, <<NOTE: Notification.>> 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

    Sec. 557. None of the funds appropriated under this Act may be made 
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

    Sec. 558. Of the funds appropriated in titles II and III of this Act 
under the headings ``Economic Support Fund'', ``Foreign Military 
Financing Program'', ``International Military Education and Training'', 
``Peacekeeping Operations'', for refugees resettling in

[[Page 115 STAT. 2161]]

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

    Sec. 559. (a) Funding.--Of the funds appropriated by this Act, not 
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) <<NOTE: Deadline. President.>>  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.

[[Page 115 STAT. 2162]]

                                zimbabwe

    Sec. 560. <<NOTE: 22 USC 2151 note.>> The Secretary of the Treasury 
shall instruct the United States executive director to each 
international financial institution to vote against any extension by the 
respective institution of any loans, to the Government of Zimbabwe, 
except to meet basic human needs or to promote democracy, unless the 
Secretary of State determines and certifies to the Committees on 
Appropriations that the rule of law has been restored in Zimbabwe, 
including respect for ownership and title to property, freedom of speech 
and association.

                central america relief and reconstruction

    Sec. 561. Funds made available to the Comptroller General pursuant 
to title I, chapter 4 of Public Law 106-31, to monitor the provision of 
assistance to address the effects of hurricanes in Central America and 
the Caribbean and the earthquake in Colombia, shall also be available to 
the Comptroller General to monitor earthquake relief and reconstruction 
efforts in El Salvador.

                      enterprise fund restrictions

    Sec. 562. <<NOTE: President.>> Prior to the distribution of any 
assets resulting from any liquidation, dissolution, or winding up of an 
Enterprise Fund, in whole or in part, the President shall submit to the 
Committees on Appropriations, in accordance with the regular 
notification procedures of the Committees on Appropriations, a plan for 
the distribution of the assets of the Enterprise Fund.

                                cambodia

    Sec. 563. (a) The Secretary of the Treasury should instruct the 
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

[[Page 115 STAT. 2163]]

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

    Sec. 564. <<NOTE: Deadline.>> (a) The Secretary of Defense and the 
Secretary of State shall jointly provide to the Congress by March 1, 
2002, a report on all military training provided to foreign military 
personnel (excluding sales, and 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

    Sec. 565. (a) Of the funds made available under the heading 
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', not 
to exceed $95,000,000 may be made available for the Korean Peninsula 
Energy Development Organization (hereafter referred to in this section 
as ``KEDO''), notwithstanding any other provision of law, only for the 
administrative expenses and heavy fuel oil costs associated with the 
Agreed Framework.
    (b) Such funds may be made available for KEDO only if, 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.

[[Page 115 STAT. 2164]]

    (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) <<NOTE: Reports.>> 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) <<NOTE: 110 Stat. 722.>>  is repealed.

                          plo compliance report

    Sec. 566. (a) Reporting Requirement.--The President should, at the 
time specified in subsection (b), submit a report to the Congress 
assessing the steps that the Palestine Liberation Organization (PLO), or 
the Palestinian Authority, as appropriate, has taken to comply with its 
1993 commitments to renounce the use of terrorism and all other acts of 
violence and to assume responsibility over all PLO or Palestinian 
Authority elements and personnel in order to assure their compliance, 
prevent violations, and discipline violators, including the arrest and 
prosecution of individuals involved in acts of terror and violence. The 
President should determine, based on such assessment, whether the PLO or 
the Palestinian Authority, as appropriate, has substantially 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.

[[Page 115 STAT. 2165]]

    (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

    Sec. 567. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated by this 
Act or prior Acts making appropriations for foreign 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) <<NOTE: Human rights. Deadline.>>  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) <<NOTE: Deadline.>>  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

[[Page 115 STAT. 2166]]

on Appropriations describing actions taken by the Colombian Armed Forces 
to meet the requirements set forth in subsections (a)(1)(A) through 
(a)(1)(C).

    (d) Definitions.--In this section:
            (1) Aided or abetted.--The term ``aided or abetted'' means 
        to provide any support to paramilitary groups, including taking 
        actions which allow, facilitate, or otherwise foster the 
        activities of such groups.
            (2) Paramilitary groups.--The term ``paramilitary groups'' 
        means illegal self-defense groups and illegal security 
        cooperatives.

                          illegal armed groups

    Sec. 568. (a) Denial of Visas to Supporters of Colombian Illegal 
Armed Groups.--Subject to subsection (b), the Secretary of State shall 
not issue a visa to any alien who the Secretary determines, based on 
credible evidence--
            (1) has willfully provided any support to the Revolutionary 
        Armed Forces of Colombia (FARC), the National Liberation Army 
        (ELN), or the United Self-Defense Forces of Colombia (AUC), 
        including taking actions or failing to take actions which allow, 
        facilitate, or otherwise foster the activities of such groups; 
        or
            (2) has committed, ordered, incited, assisted, or otherwise 
        participated in the commission of gross violations of human 
        rights, including extra-judicial killings, in Colombia.

    (b) Waiver.--Subsection (a) shall not apply if the Secretary of 
State determines and certifies to the appropriate congressional 
committees, on a case-by-case basis, that the issuance of a visa to the 
alien is necessary to support the peace process in Colombia or for 
urgent humanitarian reasons.

  prohibition on assistance to the palestinian broadcasting corporation

    Sec. 569. None of the funds appropriated or otherwise made available 
by this Act may be used to provide equipment, technical support, 
consulting services, or any other form of assistance to the Palestinian 
Broadcasting Corporation.

                                  iraq

    Sec. 570. Notwithstanding any other provision of law, funds 
appropriated under the heading ``Economic Support Fund'' may be made 
available for programs benefitting the Iraqi people and to support 
efforts to bring about a political transition in Iraq: Provided, That 
not more than 15 percent of the funds (except for costs related to 
broadcasting activities) may be used for administrative and 
representational expenses, including expenditures for salaries, office 
rent and equipment: Provided further, <<NOTE: Deadline.>> 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.

[[Page 115 STAT. 2167]]

                       west bank and gaza program

    Sec. 571. <<NOTE: Certification.>> For fiscal year 2002, 30 days 
prior to the initial obligation of funds for the bilateral West Bank and 
Gaza Program, the Secretary of State shall certify to the appropriate 
committees of Congress that procedures have been established to assure 
the Comptroller General of the United States will have access to 
appropriate United States financial information in order to review the 
uses of United States assistance for the Program funded under the 
heading ``Economic Support Fund'' for the West Bank and Gaza.

                                indonesia

    Sec. 572. (a) Funds appropriated by this Act under the headings 
``International Military Education and Training'' and ``Foreign Military 
Financing Program'' may be made available for assistance for Indonesian 
military personnel only if the President determines and submits a report 
to the appropriate congressional committees that the Government of 
Indonesia and the Indonesian Armed Forces are--
            (1) taking effective measures to bring to justice members of 
        the armed forces and militia groups against whom there is 
        credible evidence of human rights violations in East Timor and 
        Indonesia;
            (2) taking effective measures to bring to justice members of 
        the armed forces against whom there is credible evidence of 
        aiding or abetting illegal militia groups in East Timor and 
        Indonesia;
            (3) allowing displaced persons and refugees to return home 
        to East Timor, including providing safe passage for refugees 
        returning from West Timor and demonstrating a commitment to 
        preventing incursions into East Timor by members of militia 
        groups in West Timor;
            (4) demonstrating a commitment to accountability by 
        cooperating with investigations and prosecutions of members of 
        the armed forces and militia groups responsible for human rights 
        violations in East Timor and Indonesia;
            (5) demonstrating a commitment to civilian control of the 
        armed forces by reporting to civilian authorities audits of 
        receipts and expenditures of the armed forces;
            (6) allowing United Nations and other international 
        humanitarian organizations and representatives of recognized 
        human rights organizations access to West Timor, Aceh, West 
        Papua, and Maluka; and
            (7) releasing political detainees.

briefings on potential purchases of defense articles or defense services 
                                by taiwan

    Sec. 573. <<NOTE: Deadline.>> (a) Briefings.--Not later than 90 days 
after the date of enactment of this Act, and not later than every 120 
days thereafter during fiscal year 2002, the Department of State, in 
consultation with the Department of Defense, shall provide detailed 
briefings to the appropriate congressional committees (including the 
Committees on Appropriations) on any discussions conducted between any 
executive branch agency and the government of Taiwan during the 
preceding 120 days (or, in the case of the

[[Page 115 STAT. 2168]]

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

    Sec. 574. (a) None of the funds appropriated by this Act may be made 
available for assistance for the government of any country for which the 
Secretary of State determines there is credible evidence that such 
government has knowingly 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) <<NOTE: Notification.>> 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

    Sec. 575. Section 579(c)(2)(D) of the Foreign Operations, Export 
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, <<NOTE: 5 USC 5597 note.>> is amended by 
striking ``December 31, 2001'' and inserting in lieu thereof ``December 
31, 2002''.

                     united nations population fund

    Sec. 576. (a) Limitations on Amount of Contribution.--Of the 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;

[[Page 115 STAT. 2169]]

            (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

    Sec. 577. <<NOTE: Barbara Ann Ford.>> (a) To the fullest extent 
possible information relevant to the December 2, 1980, murders of four 
American churchwomen in El Salvador, and the May 5, 2001, murder of 
Sister Barbara Ann Ford and the murders of six other American citizens 
in Guatemala since December 1999, should be investigated and made 
public.

    (b) <<NOTE: Public information.>> 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) <<NOTE: President.>> 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

    Sec. 578. <<NOTE: Certification.>> (a) Funding Conditions.--Of the 
funds made available 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.

[[Page 115 STAT. 2170]]

    (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

    Sec. 579. (a) Of the funds made available under the heading 
``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) <<NOTE: Deadline. Reports.>> 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

    Sec. 580. Notwithstanding any other provision of law, and subject 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

    Sec. 581. (a)(1) None of the funds appropriated or otherwise made 
available pursuant to this Act may be made available for assistance, and 
the Secretary of the Treasury shall instruct the United States executive 
directors to the international financial institutions to vote against 
any new project involving the extension by such institutions of any 
financial or technical assistance, to any country, entity, or 
municipality whose competent authorities

[[Page 115 STAT. 2171]]

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) <<NOTE: Deadline.>> 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) <<NOTE: Human rights.>> 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

    Sec. 582. The Secretary of the Treasury shall instruct the United 
States Executive Director at each international financial

[[Page 115 STAT. 2172]]

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

    Sec. 583. Section 801(b)(1) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2001 (Public Law 
106-429) <<NOTE: 114 Stat. 1900A-64.>> is amended by striking 
``$435,000,000'' and inserting ``$600,000,000''.

                           funding for serbia

    Sec. 584. (a) Funds appropriated by this Act may be made available 
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) <<NOTE: President.>> 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

    Sec. 585. (a) During fiscal year 2002, not less than $100,000,000 
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'',

[[Page 115 STAT. 2173]]

$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, <<NOTE: Reports.>> 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

    Sec. 586. (a) Section 301 of the United States-Hong Kong Policy Act 
(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) <<NOTE: Deadline. 22 USC 5731 note.>> 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

    Sec. 587. (a) Authority.--Of the funds made available to carry out 
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) <<NOTE: Deadline. Jamaica.>>  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.

[[Page 115 STAT. 2174]]

                             authorizations

    Sec. 588. The Secretary of the Treasury may, to fulfill commitments 
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, <<NOTE: 12 USC 635f note.>> 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

    Sec. 589. Notwithstanding section 516(e) of the Foreign Assistance 
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 <<NOTE: 110 Stat. 1427.>> is amended by striking 
``2000 and 2001'' and inserting ``2002 and 2003''.

     overseas private investment corporation and export-import bank 
                              restrictions

    Sec. 590. (a) Limitation on Use of Funds by OPIC.--None of the funds 
made available in this Act may be used by the Overseas Private 
Investment Corporation to 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

    Sec. 591. <<NOTE: President.>> During fiscal year 2002 funds in this 
Act that would otherwise be withheld from obligation or expenditure 
under section

[[Page 115 STAT. 2175]]

490 of the Foreign Assistance Act of 1961 may be obligated or expended 
provided that:
            (1) <<NOTE: Deadline.>>  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;

[[Page 115 STAT. 2176]]

                          (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) <<NOTE: Reports. Deadline.>>  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

    Sec. 592. This Act may be cited as the Kenneth M. Ludden Foreign 
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''.

    Approved January 10, 2002.

LEGISLATIVE HISTORY--H.R. 2506:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 107-142 (Comm. on Appropriations) and 107-345 
(Comm. of Conference).
SENATE REPORTS: No. 107-58 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
            July 19, 24, considered and passed House.
            Oct. 23, 24, considered and passed Senate, amended.
            Dec. 19, House agreed to conference report.
            Dec. 20, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
            Jan. 10, Presidential statement.

                                  <all>
Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002

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