Title II: Bilateral Economic Assistance - Makes appropriations for FY 2003 for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) the U.S. Agency for International Development (AID) for child survival and disease programs (earmarking amounts for HIV/AIDS, polio, malaria, tuberculosis, and other infectious diseases), including reproductive health/family planning programs; (3) specified development assistance; (4) international disaster assistance (earmarking amounts for the West Bank and Gaza, with a bar of funds to the Palestinian Authority, and Afghanistan, including such assistance to support transition to democracy and to long-term development of countries in crisis); (5) guaranteed loans for micro and small enterprise development programs; (6) the Foreign Service Retirement and Disability Fund; (7) operating expenses of AID and the AID Office of Inspector General; (8) the Capital Investment Fund; (9) Economic Support Fund (ESF) assistance (earmarking amounts for Israel, Egypt, Afghanistan, Lebanon, Cyprus, and the National Democratic Alliance of Sudan); (10) the International Fund for Ireland; (11) assistance for Eastern Europe and the Baltic States (earmarking specified amounts for Kosovo, the Baltic States, and for Bosnia and Herzegovina); (12) assistance for the new independent states of the former Soviet Union (subject to specified conditions, and earmarking amounts for the Southern Caucasus (especially the areas of Abkhazia and Nagorno- Karabagh), Georgia, Armenia, and the Ukraine and Uzbekistan, subject to certain conditions); (13) the Inter-American Foundation, the African Development Foundation, and the Peace Corps (with a prohibition on the use of such funds for abortions); (14) international narcotics control and law enforcement (earmarking amounts for the demand reduction program) (15) counterdrug activities in the Andean region of South America (earmarking amounts for Colombia, subject to certain conditions); (16) migration and refugee assistance; (17) the Emergency Refugee and Migration Assistance Fund; (18) nonproliferation, anti-terrorism, demining, and related programs and activities (including U.S. contributions to the International Atomic Energy Agency (IAEA), the Korean Peninsula Energy Development Organization (KEDO), and the Comprehensive Nuclear Test Ban Treaty Preparatory Commission), and earmarking amounts for the Nonproliferation and Disarmament Fund; and (19) the Department of the Treasury for international affairs technical assistance activities.
Bars the use of appropriated funds for coercive abortions or involuntary sterilizations. (Authorizes funds to be made available, in order to reduce reliance on abortion in developing nations, to qualified voluntary family planning projects that: (1) offer directly or through referral, or offer information about access to, a broad range of family planning methods and services; and (2) meet specified requirements). Bars the use of development assistance funds: (1) for any activity which is in contravention to the Convention on International Trade in Endangered Species of Flora and Fauna (CITES); (2) that are managed by or allocated to AID's Global Development Secretariat, except through the regular notification procedures of the Committees on Appropriations; and (3) for U.S. private and voluntary organizations (except any cooperative development organization) which obtain less than 20 percent of annual funding from sources other than the U.S. Government.
Authorizes the President to withhold funds for economic revitalization programs in Bosnia and Herzegovina if the President certifies to the Committees on Appropriations that: (1) 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 (2) intelligence cooperation on training, investigations, and related activities between Iranian officials and Bosnian officials has not been terminated.
Directs the President to withhold a specified percentage of assistance for the Government of the Russian Federation until the President certifies to the Committees on Appropriations that it: (1) has terminated 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 (2) is providing full access to international nongovernmental organizations providing humanitarian relief to refugees and internally displaced persons in Chechnya.
Title III: Military Assistance - Makes appropriations for FY 2003 for: (1) expanded international military education and training (IMET) to Guatemala; (2) foreign military financing grants (earmarking amounts for Israel and Egypt, and for Colombia, subject to certain conditions); and (3) international peacekeeping operations (subject to certain conditions).
Prohibits foreign military financing for Sudan, Liberia, and Guatemala.
Title IV: Multilateral Economic Assistance - Makes appropriations for FY 2003 for the U.S. contribution to: (1) the Global Environment Facility of the International Bank for Reconstruction and Development (World Bank); (2) International Development Association (IDA); (3) the Multilateral Investment Guarantee Agency; (4) the Inter-American Investment Corporation; (4) the Enterprise for the Americas Multilateral Investment Fund; (5) the Asian Development Fund; (6) the African Development Bank; (7) the African Development Fund; (8) the European Bank for Reconstruction and Development; and (9) the International Fund for Agricultural Development.
Makes appropriations for FY 2003 for international programs and organizations. Sets certain restrictions on international organization funding. Prohibits the use of funds for the KEDO or the IAEA.
Title V: General Provisions - (Sec. 501) Sets forth limits on the use of appropriations, including that no more than 15 percent of such appropriations shall be obligated during the last month of availability.
(Sec. 503) Sets forth limits on the use of appropriations, including specified maximums for official residence expenses, entertainment expenses, and representation allowances for AID and for entertainment and representation allowances for the Inter-American Foundation and the Trade and Development Agency. Limits the amount of funds for entertainment expenses of the Peace Corps and entertainment allowances under IMET and for entertainment and representation allowances under the Foreign Military Financing Program.
(Sec. 506) Prohibits the use of funds for: (1) the export of nuclear equipment, fuel, or technology (except for nuclear safety purposes); (2) direct assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or Syria; (3) assistance to any country whose duly elected head of government is deposed by military coup or decree; (4) certain transfers between appropriations accounts without prior presidential consultation with Congress; (5) assistance to any country in default in excess of a year on payments on a U.S. loan (unless the President determines such assistance is in the national interest); and (6) assistance (except in certain circumstances) for production of any commodity for export by a foreign country if the commodity is likely to be in surplus on world markets when the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to U.S. producers of a similar commodity.
(Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity.
(Sec. 516) Declares that funds appropriated for foreign operations, export financing, and related programs, that are returned or not made available for international organizations and programs shall remain available for obligation until FY 2004.
(Sec. 517) Prohibits the availability of assistance for the Independent States of the former Soviet Union to a government of such an Independent State: (1) unless it 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; (2) if it applies or transfers U.S. assistance to any entity for the purpose of expropriating or seizing ownership of assets, investments, or ventures (unless the President determines such assistance is in the national interest); (3) if it directs action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union; or (4) to enhance its military capability (except for demilitarization, demining, or nonproliferation programs). Subjects such assistance for the Russian Federation, Armenia, Georgia, and the Ukraine to the regular notification procedures of the Committees on Appropriations.
(Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning, to motivate or coerce any person to practice abortions, or to provide any financial incentive to undergo sterilization.
(Sec. 519) Limits to no more than five percent the amount of export financing funds (other than for administrative expenses) that can be transferred from one appropriation to another, with no appropriation being increased by more than 25 percent by such transfer.
(Sec. 520) Prohibits the use of funds for Colombia, Liberia, Sudan, Zimbabwe, Pakistan, or the Democratic Republic of Congo, except through the regular notification procedures of the Committees on Appropriations.
(Sec. 522) Makes funds available to AID for child survival and disease prevention programs in developing countries.
(Sec. 523) Earmarks certain bilateral assistance funds for humanitarian and reconstruction assistance for Afghanistan, including assistance to improve the status of women in Afghanistan, assistance to victims of war, assistance to repair roads and bridges, and for multiservice women's centers.
(Sec. 524) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries.
(Sec. 526) Earmarks National Endowment for Democracy funds 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.
Makes ESF funds 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 U.S. efforts to respond to, deter, or prevent acts of international terrorism.
(Sec. 527) Prohibits bilateral assistance funds to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes a waiver of this prohibition by the President for national security and humanitarian reasons, requiring notification to the Committees on Appropriations.
(Sec. 528) Authorizes nongovernmental organizations which are AID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.
(Sec. 529) Directs the Administrator of AID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities.
(Sec. 530) Prohibits payments to any international financial institution while the U.S. Executive Director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule.
(Sec. 531) Bars assistance to any country that is not in compliance with the United Nations (UN) sanctions against Iraq, unless the President certifies to the Congress that such assistance: (1) is in the U.S. national interest; (2) will directly benefit the needy people in that country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait.
(Sec. 532) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act. Requires an agency to report to the Committees on Appropriations whenever it is conducting or proposing activities in a country for which such assistance is prohibited.
(Sec. 533) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; or (2) assistance for any project that contributes to the violation of internationally recognized workers rights in the recipient country.
(Sec. 534) Declares that funds appropriated under this Act for Afghanistan, Lebanon, Montenegro, and for victims of war, displaced children, and displaced Burmese may be made available notwithstanding any other provision of law.
Authorizes the use of foreign assistance funds to support tropical forestry and biodiversity conservation programs and energy programs aimed at reducing greenhouse gas emissions.
Authorizes AID to employ up to 15 personal services contractors in the United States to provide support for specified new or expanded overseas programs until permanent direct hire personnel are hired and trained.
Authorizes the President to waive certain prohibitions with respect to the Palestine Liberation Organization (PLO) if the President determines and certifies to Congress that it is in the national interest.
Authorizes the President during FY 2003 to use up to $45 million (currently, $25 million) of foreign assistance funds for unanticipated emergency contingencies.
(Sec. 535) Expresses the sense of the Congress with respect to: (1) immediate public renunciation by Arab League countries of the boycotts of Israel (reinstated in 1997) and of American firms having commercial ties with Israel; and (2) steps the President should take to encourage such renunciation and help such countries normalize their relations with Israel.
(Sec. 536) Authorizes the use of ESF funds to strengthen the administration of justice in countries in Latin America, the Caribbean, and in other regions.
(Sec. 537) Declares that restrictions on assistance to foreign countries contained in this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under specified provisions of the Agricultural Trade Development and Assistance Act of 1954.
(Sec. 538) Authorizes the reprogramming of earmarked appropriations for other programs within the same account, provided certain requirements are met.
(Sec. 540) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. Earmarks amounts for private and voluntary organizations to deal with world hunger problems abroad.
(Sec. 541) Prohibits the use of funds to pay any assessments, arrearages, or dues of any U.N. member (including costs for attendance of another country's delegation at international conferences held under the auspices of multilateral or international organizations).
(Sec. 542) Prohibits the provision of funds to a nongovernmental organization that fails to provide any document, file, or record necessary to the auditing requirements of AID.
(Sec. 543) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country that the Secretary of State has determined has a terrorist government, unless the President determines that the furnishing of such assistance is in the U.S. national interest.
(Sec. 544) Withholds assistance to a foreign country in an amount equal to 110 percent of the total unpaid parking fines and penalties owed by the country to the District of Columbia and New York City, New York as of September 30, 2002.
(Sec. 545) Prohibits the obligation of any appropriations for the PLO for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO.
(Sec. 546) Permits the President to provide up to a specified amount of commodities and services to the UN War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia.
(Sec. 547) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes.
(Sec. 548) Prohibits the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles.
(Sec. 549) Prohibits the obligation of certain funds to pay for: (1) alcoholic beverages; or (2) entertainment expenses for recreational activities.
(Sec. 550) Prohibits the United States from paying any voluntary contribution to the UN, including the UN Development Program, unless the President certifies to Congress 15 days in advance of such payment that the UN is not engaged in any effort to implement or impose any taxation on U.S. persons in order to raise revenue for itself or any of its specialized agencies.
(Sec. 551) Makes the Government of Haiti eligible to purchase U.S. defense articles and services for its Coast Guard.
Earmarks certain bilateral assistance for: (1) AID food assistance programs for Haiti for FY 2003; and (2) Nicaragua and Honduras for certain agricultural and poverty programs.
(Sec. 552) Prohibits the obligation of any appropriations for the PLO unless the President certifies to Congress that it is in the U.S. national security interests.
(Sec. 553) Prohibits the use of funds for the security forces of a foreign country if the Secretary of State believes they have committed gross violations of human rights, unless the Secretary reports to the Committees on Appropriations that such country is taking steps to bring the responsible persons to justice.
(Sec. 554) Prohibits the use of funds for the Government of the Russian Federation unless the President certifies to specified congressional committees that the Federation has not enacted laws or promulgated executive orders that discriminate against religious minorities in violation of international agreements on human rights and religious freedoms to which it is a party.
(Sec. 555) Earmarks specified foreign assistance funds 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.
(Sec. 556) Requires the President to submit to specified congressional committees a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund.
(Sec. 557) Directs the Secretary of the Treasury to instruct the U.S. executive directors of international financial institutions to oppose loans to the Central Government Cambodia (except loans to support basic human needs). Prohibits the availability of funds under this Act for assistance (other than for basic education activities) for the Central Government of Cambodia.
(Sec. 558) Directs the Secretaries of Defense and of State to report jointly to Congress on all overseas military training provided to, and proposed to be provided to, foreign military personnel under programs administered by the Defense and State Departments during FY 2002 and 2003.
(Sec. 559) Earmarks specified funds for KEDO for administrative expenses and heavy fuel oil costs associated with the Agreed Framework (Joint Declaration on Denuclearization of the Korean Peninsula). Makes such funds available to KEDO if the President certifies to Congress that North Korea is complying with the provisions of the Agreed Framework.
(Sec. 560) Bars the use of funds appropriated under this Act to support a Palestinian state unless the Secretary of State certifies to the appropriate congressional committees that: (1) a new leadership of a Palestinian governing entity has been democratically elected through elections; (2) such entity has demonstrated a commitment to peaceful co-existence with the State of Israel and is taking appropriate measures to counter terrorism; and (3) the Palestinian Authority is working to establish a lasting peace in the Middle East.
(Sec. 561) Bars the use of funds appropriated under this Act to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation.
(Sec. 562) Makes ESF funds available for programs benefitting the Iraqi people and to support efforts to bring about political transition in Iraq.
(Sec. 563) Requires the Secretary of State, 30 days prior to the obligation of ESF funds for the bilateral West Bank and Gaza Program, to certify to the appropriate congressional committees that procedures have been established to ensure that the Comptroller General will have access to appropriate U.S. financial information in order to review the uses of such funds under the Program. Requires the Secretary of State, prior to the obligation of such funds, to take all appropriate steps to ensure that such assistance is not provided to or through any individual or entity that advocates or engages in terrorist activity.
(Sec. 564) Makes foreign military financing program funds available for Indonesian military personnel if the President determines and reports 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 evidence of human rights violations in East Timor and Indonesia; (2) allowing displaced persons to return home to East Timor; (3) cooperating with investigations and prosecutions of members of the Indonesian Armed Forces and militia groups responsible for human rights violations in Indonesia and East Timor; (4) allowing UN and other international humanitarian organizations and representatives of recognized human rights organizations access to West Timor, Aceh, West Papua, and Maluka; and (5) releasing political detainees.
(Sec. 565) Requires the Department of State to provide briefings to the appropriate congressional committees on any discussions between any executive branch agency and the Government of Taiwan on any potential purchase of defense articles or defense services by the Government of Taiwan.
(Sec. 566) Bars the use of funds appropriated by this Act for assistance for the government of any country that has been determined to have aided or abetted, within the previous six months, in the illicit distribution, transportation, or sale of diamonds mined in Sierra Leone.
(Sec. 567) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 to authorize voluntary separation incentive payments to AID employees who voluntarily separate (whether by retirement or resignation) on or before December 31, 2003, in order to eliminate AID positions and functions contained in a mandatory strategic plan outlining such payments.
(Sec. 568) Earmarks a specified amount of international organizations and program funds for the UN Population Fund (UNFPA) (except for any country program in China). Conditions the availability of such funds to UNFPA on specified requirements, including that it does not fund abortions.
(Sec. 569) Directs the Secretary of the Treasury to withhold ten percent of the U.S. payment to any international financial institution until the Secretary certifies that such institution has implemented certain procurement and financial management reforms.
(Sec. 570) Authorizes the commercial leasing of defense articles (instead of the government-to-government sale) to Israel, Egypt, NATO, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons.
(Sec. 571) Bars the use of funds made available by this Act for assistance (except humanitarian assistance and assistance for democratization), and requires the Secretary of the Treasury to instruct the U.S. executive directors to the international financial institutions to vote against the extension of any assistance to any country that has failed to take necessary steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the Former Yugoslavia all persons in their territory who have been indicted by the Tribunal.
(Sec. 572) Directs the Secretary of the Treasury to instruct the U.S. executive directors at specified international financial institutions to oppose any loan that would require user fees or service charges on poor people for primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, in connection with the institution's lending programs.
(Sec. 573) Makes funds appropriated by this Act available after March 31, 2003, for assistance for the Central Government of the Federal Republic of Yugoslavia if the President certifies to the Committees on Appropriations that it is: (1) cooperating with the International Criminal Tribunal for Yugoslavia, including access for investigators, the provision of documents, and the surrender and transfer of indictees; (2) taking steps that are consistent with the Dayton Accords to end 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.
(Sec. 574) Prohibits funds appropriated by this Act from being made available to provide assistance for a foreign country under a new bilateral agreement governing the terms under which such assistance is to be provided unless such agreement includes a provision stating that such assistance shall be exempt from taxation, or reimbursed, by the foreign government.
Requires the Secretary of State to negotiate amendments to existing bilateral agreements to conform them to such requirement. Sets forth certain requirements with respect to reimbursement of foreign taxes to the United States, including the withholding of U.S. assistance in cases where a country does not reimburse the United States.
(Sec. 575) Directs the Comptroller General to report to the Committees on Appropriations on the extent to which the Department of State is complying (and implementing procedures that have been established to meet standards to comply) with section 301(c) of the Foreign Assistance Act of 1961 prohibiting U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) except on the condition that the UNRWA take all possible measures to assure that no part of the U.S. contribution be used to furnish assistance to any refugee who is receiving military training as a member of the Palestine Liberation Army or any other guerrilla type organization or who has engaged in any act of terrorism.
(Sec. 576) Prohibits funds appropriated under this Act from being made available for assistance for the Colombian Armed Forces (CAF) until the Secretary of State certifies to the appropriate congressional committees that: (1) the Commander General of CAF is suspending members of CAF 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; (2) the CAF are cooperating with civilian prosecutors and judicial authorities in prosecuting and punishing those members of CAF who have been credibly alleged to have committed such violations; and (3) the CAF are taking effective measures to sever links with paramilitary groups, and to execute outstanding orders for capture for members of such groups. Requires the Secretary of State to report quarterly to the Committees on Appropriations on CAF actions to meet such requirements.
(Sec. 577) Prohibits the Secretary of State from issuing a visa to any alien who the Secretary determines has willfully provided (or conspired to provide) support to the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), or the United Self-Defense Forces of Colombia (AUC). Provides for waiver of such prohibition.
(Sec. 578) Makes ESF assistance available to support democracy activities in Burma and along the Burma-Thailand border and for activities of Burmese student groups and other organizations located outside Burma, including support for humanitarian assistance to displaced Burmese along Burma's borders. Earmarks an amount to support newspapers, publications, and other media activities promoting democracy inside Burma. Earmarks an amount for the prevention, treatment, and control of HIV/AIDS, tuberculosis, malaria, and other infectious diseases in Burma.
(Sec. 579) Earmarks specified amounts of development assistance funds for developing countries for certain tropical forest conservation activities authorized under the Foreign Assistance Act of 1961, including the cost of modifying loans and loan guarantees pursuant to provisions of the Tropical Forest Conservation Act of 1998.
(Sec. 580) Authorizes the Secretary of the Treasury to contribute on behalf of the United States to the seventh replenishment of the resources of the Asian Development Fund, a special fund of the Asian Development Bank; to the thirteenth replenishment of the resources of the International Development Association; and to the ninth replenishment of the resources of the African Development Fund. Earmarks specified amounts to such institutions.
(Sec. 581) Prohibits funds appropriated by this Act for international narcotics control and law enforcement from being made available for assistance to the Government of Cuba.
(Sec. 582) Earmarks certain funds appropriated by this Act for trade capacity building assistance.
(Sec. 583) Urges investigation and publication of 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 murder of others in Guatemala since December 1999. Directs the President to order all Federal agencies and departments with relevant information, including the Federal Bureau of Investigation, to declassify and release it expeditiously to the victims' families.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5410 Reported in House (RH)]
Union Calendar No. 406
107th CONGRESS
2d Session
H. R. 5410
[Report No. 107-663]
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2003, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2002
Mr. Kolbe, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2003, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2003, 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, $541,400,000, to remain available until September 30,
2006: 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, 2021 for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal years
2003, 2004, 2005, and 2006: Provided further, That none of the funds
appropriated by this Act or any prior Act appropriating funds for
foreign operations, export financing, and related programs for tied-aid
credits or grants may be used for any other purpose except through the
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: Provided further, That notwithstanding section 1(c) of Public
Law 103-428, as amended, sections 1 (a) and (b) of Public Law 103-428
shall remain in effect until September 30, 2003.
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, $68,300,000: Provided, That the Export-Import Bank
may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That,
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until
October 1, 2003.
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 $39,885,000: 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
For the cost of direct and guaranteed loans, $24,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: 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 be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2003 and 2004:
Provided further, That such sums shall remain available through fiscal
year 2011 for disbursement of direct and guaranteed loans obligated in
fiscal year 2003, and through fiscal year 2012 for the disbursement of
direct and guaranteed loans obligated in fiscal year 2004. In addition,
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.
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, $44,512,000, to remain available
until September 30, 2004.
In addition, for an additional amount for ``Trade and Development
Agency'' for trade capacity building assistance, $5,000,000, to remain
available until September 30, 2003: Provided, That any funds made
available by this paragraph shall be made available subject to the
regular notification procedures of the Committees on Appropriations.
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, 2003, unless
otherwise specified herein, as follows:
united states agency for international development
child survival and health programs fund
(including transfer of funds)
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, $1,710,000,000, to remain available until September 30,
2004: 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, and
related education programs, which directly address the needs of mothers
and children; (4) assistance for displaced and orphaned children; (5)
programs for the prevention, treatment, and control of, and research
on, tuberculosis, HIV/AIDS, polio, malaria 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 $175,000, 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: $340,000,000 for child survival
and maternal health; $30,000,000 for vulnerable children; $746,500,000
for HIV/AIDS; $105,000,000 for other infectious diseases; $120,000,000
for UNICEF; and $368,500,000 for family planning/reproductive health:
Provided further, That of the funds appropriated under this heading, up
to $100,000,000 may be made available for International Mother and
Child HIV Prevention activities, up to $60,000,000 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, That of the funds appropriated under this
heading, not less than $250,000,000 should be made available for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, and shall be expended at the minimum rate
necessary to make timely payments for projects and activities: Provided
further, That the cumulative amount of United States contributions to
the Global Fund may not exceed the total resources provided by other
donors and available for use by the Global Fund: Provided further, That
of the funds appropriated under this heading, up to $6,000,000 may be
transferred to and merged with funds appropriated by this Act under the
heading ``Operating Expenses of the United States Agency for
International Development'' for costs directly related to international
health: Provided further, That, notwithstanding any other provision of
this Act, funds appropriated under this heading that are available for
child survival and health programs shall be apportioned to the United
States Agency for International Development, and the authority of
sections 632(a) or 632(b) of the Foreign Assistance Act of 1961, or any
comparable provision of law, may not be used to transfer or allocate
any part of such funds to the Department of Health and Human Services
including any office of that agency, except that the authority of those
sections may be used to transfer or allocate up to $25,000,000 of such
funds to the Centers for Disease Control and Prevention: Provided
further, 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, 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; 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
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, $1,398,000,000, to remain available until September 30,
2004: Provided, That none of the funds appropriated under title II of
this Act that are managed by or allocated to the United States Agency
for International Development's Global Development Secretariat, may be
made available except through the regular notification procedures of
the Committees on Appropriations: Provided further, That $162,500,000
should be allocated for trade capacity building: Provided further, That
$218,000,000 should be allocated for basic education, of which
$20,000,000 is available only for programs to increase the professional
competence of national and regional education administrators: 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 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.
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, $200,500,000, to
remain available until expended.
In addition, for assistance for the West Bank and Gaza,
$50,000,000, to remain available until expended: Provided, That none of
the funds appropriated in this paragraph may be obligated or expended
with respect to providing funds to the Palestinian Authority.
In addition, for assistance for Afghanistan, $65,000,000, to remain
available until expended: Provided, That these funds shall be used for
humanitarian and reconstruction assistance for the Afghan people
including health and education programs, housing, to improve the status
of women, infrastructure, and assistance for victims of war and
displaced persons.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $40,000,000, 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, 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 loan guarantees, as authorized by sections 108 and
635 of the Foreign Assistance Act of 1961, funds may 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, when added to the funds transferred pursuant to the authority
contained under this heading in Public Law 107-115, shall not exceed
$24,500,000, which shall be made available only for micro and small
enterprise programs and other programs which further the purposes of
part I of the Act: Provided further, That such costs shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, 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 on International Relations on
May 9, 1997, shall be applicable to 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, $7,591,000, all of which may be transferred to and merged
with the appropriation for Operating Expenses of the 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, $45,200,000.
operating expenses of the united states agency for international
development
For necessary expenses to carry out the provisions of section 667,
$572,200,000: Provided, That none of the funds appropriated under this
heading and under the heading ``Capital Investment Fund'' 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.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667, $43,000,000, to
remain available until expended: Provided, That this amount is in
addition to funds otherwise available for such purposes: Provided
further, That the Administrator of the United States Agency for
International Development shall assess fair and reasonable rental
payments for the use of space by employees of other United States
Government agencies in buildings constructed using funds appropriated
under this heading, and such rental payments shall be deposited into
this account as an offsetting collection: Provided further, That the
rental payments collected pursuant to the previous proviso and
deposited as an offsetting collection shall be available for obligation
only pursuant to the regular notification procedures of the Committees
on Appropriations: Provided further, That the assignment of United
States Government employees or contractors to space in buildings
constructed using funds appropriated under this heading shall be
subject to the concurrence of the Administrator of the United States
Agency for International Development: Provided further, That funds
appropriated under this heading shall be available for obligation only
pursuant to the regular notification procedures of the Committees on
Appropriations.
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,
$33,700,000, to remain available until September 30, 2004, 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
(including transfer of funds)
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,445,000,000, to remain available until September 30, 2004:
Provided, That of the funds appropriated under this heading, not less
than $600,000,000 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, 2002,
whichever is later: Provided further, That, in addition to the funds
made available under the preceding proviso, of the funds appropriated
under this heading $200,000,000 shall be made available for assistance
for Israel, all or a portion of which may be transferred to, and merged
with, funds appropriated by this Act under the heading
``Nonproliferation, Anti-Terrorism, Demining and Related Programs'' for
defensive, non-lethal anti-terrorism assistance in accordance with the
provisions of chapter 8 of part II of the Foreign Assistance Act of
1961: Provided further, That not less than $615,000,000 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
understanding that Egypt will undertake significant economic reforms
which are additional to those which were undertaken in previous fiscal
years: Provided further, 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 not less than $45,000,000 of the funds appropriated under
this heading should be made available for assistance for Afghanistan,
which shall be used for reconstruction assistance for the Afghan people
including education programs, housing, to improve the status of women,
and infrastructure, including roads and bridges: Provided further, That
not less than $35,000,000 of the funds appropriated under this heading
should be made available for Lebanon to be used, among other programs,
for scholarships and direct support of the American educational
institutions in Lebanon: Provided further, That not less than
$15,000,000 of the funds appropriated under this heading should 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, 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, exporting 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.
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, 2004.
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, $520,000,000, to remain available until
September 30, 2004, 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 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 2003 for
assistance for Kosovo as of March 31, 2003: 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: Provided further, That not less than $5,000,000 should
be made available for assistance for the Baltic States.
(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 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) 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, $755,000,000, to remain
available until September 30, 2004: Provided, 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.
(b) Of the funds appropriated under this title, $82,500,000 should
be made available for assistance for Georgia.
(c) Of the funds appropriated under this title, not less than
$83,433,000 should be made available for assistance for Armenia.
(d) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 for nonproliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) 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.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
(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 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
$60,000,000 should be made available, in addition to funds otherwise
available for such purposes, for assistance for child survival, basic
education, environmental and reproductive health/family planning, and
to combat HIV/AIDS, tuberculosis and other infectious diseases, and for
related activities.
(g) None of the funds appropriated under this heading may be made
available for assistance for the Government of Ukraine unless the
Secretary of State determines and certifies to the Committees on
Appropriations that, since September 11, 2001, the Government of
Ukraine has not facilitated or engaged in arms sales or arms transfers
to Iraq: Provided, That this paragraph shall not apply to assistance to
combat infectious diseases or assistance for victims of trafficking in
persons, and to activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support Act.
(h) Funds made available by this Act for assistance for the
Government of Uzbekistan may be made available if the Secretary of
State determines and reports to the Committees on Appropriations that
the Government of Uzbekistan is making substantial and continuing
progress in meeting its commitments under the ``Declaration on the
Strategic Partnership and Cooperation Framework Between the Republic of
Uzbekistan and the United States of America''.
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, $16,000,000, to remain available
until September 30, 2004.
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,
$19,689,000, to remain available until September 30, 2004: Provided,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the African
Development Foundation Act, in exceptional circumstances the Board of
Directors of the Foundation may waive the $250,000 limitation contained
in that section with respect to a project: Provided further, 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), $317,000,000, including the purchase of not
to exceed five passenger motor vehicles for administrative purposes for
use outside of the United States: Provided, 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, 2004: Provided further, That the
Director of the Peace Corps may make appointments or assignments, or
extend current appointments or assignments, to permit United States
citizens to serve for periods in excess of five years in the case of
individuals whose appointment or assignment, such as regional safety
security officers and employees within the Office of the Inspector
General, involves the safety of Peace Corps volunteers: Provided
further, That the Director of the Peace Corps may make such
appointments or assignments notwithstanding the provisions of section 7
of the Peace Corps Act limiting the length of an appointment or
assignment, the circumstances under which such an appointment or
assignment may exceed five years, and the percentage of appointments or
assignments that can be made in excess of five years.
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $197,000,000, to remain available until
expended: Provided, That during fiscal year 2003, 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 the demand reduction program: Provided further, That of the funds
appropriated under this heading, not more than $24,062,000 may be
available for administrative expenses.
andean counterdrug initiative
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the Andean
region of South America, $731,000,000, to remain available until
expended: Provided, That section 482(b) of the Foreign Assistance Act
of 1961 shall not apply to funds appropriated under this heading for
assistance for Colombia: 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
in fiscal year 2003, funds available to the Department of State for
assistance to the Government of Colombia shall be available to support
a unified campaign against narcotics trafficking, against activities by
organizations designated as terrorist organizations such as the
Revolutionary Armed Forces of Colombia (FARC), the National Liberation
Army (ELN), and the United Self-Defense Forces of Colombia (AUC), and
to take actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations: Provided
further, That this authority shall cease to be effective if the
Secretary of State has credible evidence that the Colombian Armed
Forces are not conducting vigorous operations to restore government
authority and respect for human rights in areas under the effective
control of paramilitary and guerrilla organizations: Provided further,
That section 3204(b)(1)(A) of Public Law 106-246, as amended, shall
remain applicable to funds made available for fiscal year 2003:
Provided further, 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 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 the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development, shall provide to
the Committees on Appropriations not later than 45 days after the date
of the enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the proposed uses of
all funds under this heading on a country-by-country basis for each
proposed program, project, or activity: Provided further, That of the
funds appropriated under this heading, not more than $15,680,000 may be
made available for administrative expenses of the Department of State,
and not more than $4,500,000 may be made available for administrative
expenses of the United States Agency for International Development.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, contributions 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, $800,000,000, which shall remain available until expended:
Provided, That of the funds appropriated under this heading, 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.
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. 2601(c)), $20,000,000, to remain available until expended.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism and
related programs and activities, $347,400,000, 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, That the Secretary of State
shall inform the Committees on Appropriations at least 15 days prior to
the obligation of funds for the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission: Provided further, That of this amount not to
exceed $15,000,000, 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), $11,000,000, to remain
available until expended, which shall be available notwithstanding any
other provision of law.
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, $80,000,000, 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 grant financed military education and training for
Guatemala may only be available for expanded international military
education and may only be provided through the regular notification
procedures of the Committees on Appropriations.
foreign military financing program
(including transfer of funds)
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,080,200,000: Provided, That of the funds appropriated under this
heading, not less than $2,100,000,000 shall be available for grants
only for Israel, and not less than $1,300,000,000 shall be made
available for grants only for Egypt: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed within 30
days of the enactment of this Act or by October 31, 2002, 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 $550,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That foreign military financing program
funds estimated to be outlayed for Egypt during fiscal year 2003 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, 2002, whichever is later: 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): Provided further, That
except as provided in the following proviso, none of the funds
appropriated by this paragraph may be made available for helicopters
and related support costs for Colombia: Provided further, That up to
$98,000,000 of the funds appropriated by this paragraph may be
transferred to and merged with funds appropriated under the heading
``International Narcotics Control and Law Enforcement'' for
helicopters, training and other assistance for the Colombian Armed
Forces for security for the Cano Limon pipeline.
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
$38,000,000 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 $356,000,000 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 2003 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.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $125,000,000: 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, $147,812,533, 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, $874,338,333, to remain available until
expended.
contribution to the multilateral investment guarantee agency
For payment to the Multilateral Investment Guarantee Agency by the
Secretary of the Treasury, $1,630,696, 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 $6,825,178.
contribution to the inter-american investment corporation
For payment to the Inter-American Investment Corporation, by the
Secretary of the Treasury, $30,351,667, for the United States share of
the increase in subscriptions to capital stock, to remain available
until expended.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the fund, $24,590,667, to remain available until
expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended, $97,886,133,
to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury, $5,104,473, 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 $79,602,688.
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,
$113,073,333, 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, $35,804,955, 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 $123,328,178.
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, $15,003,667, 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, $190,400,000:
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).
TITLE V--GENERAL PROVISIONS
obligations during last month of availability
Sec. 501. Except for the appropriations entitled ``International
Disaster Assistance'', and ``United States Emergency Refugee and
Migration Assistance Fund'', not more than 15 percent of any
appropriation item made available by this Act shall be obligated during
the last month of availability.
private and voluntary organizations
Sec. 502. (a) None of the funds appropriated or 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'', 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. (a) None of the funds made available by this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
(b) Notwithstanding subsection (a), in addition to transfers made
by, or authorized elsewhere in, this Act, funds appropriated by this
Act to carry out the purposes of the Foreign Assistance Act of 1961 may
be allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(c) 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, not less than five days prior to the exercise of any
authority contained in the Foreign Assistance Act of 1961 to transfer
funds, consults with and provides a written policy justification to the
Committees on Appropriations of the House of Representatives and the
Senate.
(d) Any agreement for the transfer or allocation of funds
appropriated by this Act, or prior Acts, entered into between the
United States Agency for International Development and another agency
of the United States Government under the authority of section 632(a)
of the Foreign Assistance Act of 1961 or any comparable provision of
law, shall expressly provide that the Office of the Inspector General
for the agency receiving the transfer or allocation of such funds shall
perform periodic program and financial audits of the use of such funds:
Provided, That funds transferred under such authority may be made
available for the cost of such audits.
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 section may not be used
in fiscal year 2003.
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 4 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 the government of 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 commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury to
United States producers of the same, similar, or competing commodity,
and the Chairman of the Board so notifies the Committees on
Appropriations.
(b) None of the funds appropriated by this or any other Act to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961
shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514. 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. (a) 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'', ``Capital
Investment Fund'', ``Operating Expenses of the United States Agency for
International Development'', ``Operating Expenses of the United States
Agency for International Development Office of Inspector General'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
``Foreign Military Financing Program'', ``International Military
Education and Training'', ``Peace Corps'', and ``Migration and Refugee
Assistance'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Appropriations Committees for obligation under any of these specific
headings unless the Committees on Appropriations 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, 2004.
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.
Assistance may be furnished without regard to this subsection if the
President determines that to do so is in the national interest.
(b) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for assistance for a government of an Independent State of
the former Soviet Union if that government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That such
funds may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States.
(c) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for any state to enhance its military capability: Provided,
That this restriction does not apply to demilitarization, demining or
nonproliferation programs.
(d) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Georgia, and Ukraine shall be subject to the
regular notification procedures of the Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts that
are or have been made available for an Enterprise Fund in the
Independent States of the Former Soviet Union may be deposited by such
Fund in interest-bearing accounts prior to the disbursement of such
funds by the Fund for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without returning
such interest to the Treasury of the United States and without further
appropriation by the Congress. Funds made available for Enterprise
Funds shall be expended at the minimum rate necessary to make timely
payment for projects and activities.
(g) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated in this Act or prior appropriations
Acts under the heading ``Assistance for the Independent States of the
Former Soviet Union'' and under comparable headings in prior
appropriations Acts, for projects or activities that have as one of
their primary purposes the fostering of private sector development, the
Coordinator for United States Assistance to the New Independent States
and the implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and
activities.
prohibition on funding for abortions and involuntary sterilization
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 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 2003, 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, Liberia, Sudan, Zimbabwe, Pakistan,
or the Democratic Republic of 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, country, regional, and
program level funding, either as: (1) justified to the Congress; or (2)
allocated by the executive branch in accordance with a report, to be
provided to the Committees on Appropriations within 30 days of the
enactment of this Act, as required by section 653(a) of the Foreign
Assistance Act of 1961.
child survival and health activities
Sec. 522. Up to $11,000,000 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 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 $3,500,000 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.
afghanistan
Sec. 523. Of the funds appropriated by title II of this Act and
under the heading ``International Organizations and Programs'', not
less than $295,500,000 shall be made available for humanitarian and
reconstruction assistance for Afghanistan, including assistance to
improve the status of women in Afghanistan, assistance to victims of
war, and assistance to repair roads and bridges, of which not less than
$2,500,000 should be made available for multiservice women's centers.
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 ``Trade and Development Agency'' and ``Peace
Corps'', may be obligated and expended notwithstanding section 10 of
Public Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956.
democracy programs
Sec. 526. (a) Funds appropriated by this Act that are provided to
the National Endowment for Democracy may be provided notwithstanding
any other provision of law or regulation: Provided, That
notwithstanding any other provision of law, not to exceed $3,000,000 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 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 subsection for
programs, projects, and activities for the People's Republic of China
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(b) Funds appropriated by this Act under the heading ``Economic
Support Fund'' may be made available, notwithstanding any other
provision of law, 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 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.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least 15 days before the
waiver takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
debt-for-development
Sec. 528. In order to enhance the continued participation of
nongovernmental organizations in 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 local currencies which accrue to
that organization as a result of economic assistance provided under
title II of this Act and any interest earned on such investment shall
be used for the purpose for which the assistance was provided to that
organization.
separate accounts
Sec. 529. (a) Separate Accounts for Local 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 ensure that
the equivalent of the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of Assistance Programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Reporting Requirement.--The Administrator of the United States
Agency for International Development shall report on an annual basis as
part of the justification documents submitted to the Committees on
Appropriations on the use of local currencies for the administrative
requirements of the United States Government as authorized in
subsection (a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used and/or to be used
for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is
made available to the government of a foreign country, under chapter 1
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the
Committee of Conference accompanying House Joint Resolution 648 (House
Report No. 98-1159).
(3) Notification.--At least 15 days prior to obligating any such
cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of
the Committees on Appropriations, which shall include a detailed
description of how the funds proposed to be made available will be
used, with a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be exempt
from the requirements of subsection (b)(1) only through the
notification procedures of the Committees on Appropriations.
compensation for united states executive directors to international
financial institutions
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 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. 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. 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--
(1) 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
(2) assistance for any project or activity that contributes
to the violation of internationally recognized workers rights,
as defined in section 507(4)(E) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
or area in that country: Provided, That in recognition that the
application of this paragraph 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 by this
Act that are made available for assistance for Afghanistan, and funds
appropriated in titles I and II of this Act that are made available for
Lebanon, Montenegro, and for victims of war, displaced children, and
displaced Burmese, may be made available notwithstanding any other
provision of law: Provided, That funds appropriated by this Act to
carry out the provisions of section 541 of the Foreign Assistance Act
of 1961 may be made available notwithstanding section 557 of this Act.
(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 15 personal
services contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities managed by the
agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 7 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
Procurement; the Bureau for Africa; and the Bureau for Asia and the
Near East: Provided further, That such funds appropriated to carry out
title II of the Agricultural Trade Development and Assistance Act of
1954, may be made available only for personal services contractors
assigned to the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of section
1003 of Public Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives and the
President pro tempore of the Senate that it is important to the
national security interests of the United States.
(2) Period of Application of Waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(e) Contingencies.--During fiscal year 2003, the President may use
up to $45,000,000 under the authority of section 451 of the Foreign
Assistance Act, notwithstanding the funding ceiling in section 451(a).
(f) Small Business.--In entering into multiple award 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.
(g) Shipment of Humanitarian Assistance.--During fiscal year 2003,
of the amounts made available by the United States Agency for
International Development to carry out the provisions of section 123(b)
of the Foreign Assistance Act of 1961, funds may be made available to
nongovernmental organizations for administrative costs necessary to
implement a program to obtain available donated space on commercial
ships for the shipment of humanitarian assistance overseas.
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 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, That the
President shall take into consideration, in any case in which a
restriction on assistance would be applicable but for this subsection,
whether assistance in support of programs of nongovernmental
organizations is in the national interest of the United States:
Provided further, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of those
committees, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2003, 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 not
possible by operation of any provision of this or any other Act:
Provided, That any such reprogramming shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to this
subsection shall be made available under the same terms and conditions
as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the United States Agency for International Development
that are earmarked for particular programs or activities by this or any
other Act shall be extended for an additional fiscal year if the
Administrator of such agency determines and reports promptly to the
Committees on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it unlikely that
such earmarked funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such earmark.
ceilings and earmarks
Sec. 539. (a) 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.
(b) Earmarks or minimum funding requirements contained in any other
Act shall not be applicable to funds appropriated by this Act.
prohibition on publicity or propaganda
Sec. 540. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by the
Congress: Provided, That not to exceed $750,000 may be made available
to carry out the provisions of section 316 of Public Law 96-533.
prohibition of payments to united nations members
Sec. 541. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961, the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
nongovernmental organizations--documentation
Sec. 542. None of the funds appropriated or made available pursuant
to this Act shall be available to a nongovernmental organization which
fails to provide upon timely request any document, file, or record
necessary to the auditing requirements of the United States Agency for
International Development.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 543. (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. The
prohibition under this section with respect to a foreign government
shall terminate 12 months after that government ceases to provide such
military equipment. This section applies with respect to lethal
military equipment provided under a contract entered into after October
1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of
the United States.
(c) Whenever the waiver authority of subsection (b) is exercised,
the President shall submit to the appropriate congressional 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. 544. (a) In General.--Of the funds 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 September 30, 2002, 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 government 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. 545. 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 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. 546. 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 the
drawdown made under this section for any tribunal shall not be
construed as an endorsement or precedent for the establishment of any
standing or permanent international criminal tribunal or court:
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. 547. 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.
restrictions concerning the palestinian authority
Sec. 548. 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 those who now occupy positions in
the Palestinian Authority), have social contacts, and have incidental
discussions.
prohibition of payment of certain expenses
Sec. 549. 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.
restrictions on voluntary contributions to united nations agencies
Sec. 550. (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.
caribbean basin
Sec. 551. (a) 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 subsection shall be subject to the regular
notification procedures of the Committees on Appropriations.
(b) Of the funds appropriated by title II of this Act and of the
funds appropriated to carry out food assistance programs managed by the
United States Agency for International Development, a total of not less
than $52,500,000 should be allocated for assistance for Haiti in fiscal
year 2003.
(c) Of the funds appropriated by title II of this Act, a total of
$37,680,000 should be allocated for assistance for Nicaragua and
$40,130,000 should be allocated for assistance for Honduras, to address
the conditions of increasing poverty in the rural sectors of those
countries through programs that support, among other things, increased
agricultural production and other income generating opportunities,
improved health, and expanded education opportunities, especially for
disadvantaged youth.
limitation on assistance to the palestinian authority
Sec. 552. (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. 553. 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, 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. 554. 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. 555. 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 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 $5,466,700,000 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 2003 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.
enterprise fund restrictions
Sec. 556. 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. 557. (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 support
basic human needs.
(b) None of the funds appropriated by this Act may be made
available for assistance (except for assistance for basic education and
funds appropriated under the heading ``Child Survival and Health
Programs Fund'') for the Central Government of Cambodia.
foreign military training report
Sec. 558. (a) The Secretary of Defense and the Secretary of State
shall jointly provide to the Congress by March 1, 2003, 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 2002 and 2003, including those proposed
for fiscal year 2003. 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. 559. (a) Of the funds made available under the heading
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
not to exceed $50,000,000 may be made available for the Korean
Peninsula Energy Development Organization (hereafter referred to in
this section as ``KEDO''), notwithstanding any other provision of law,
only for the administrative expenses and heavy fuel oil costs
associated with the Agreed Framework.
(b) Such funds may be made available for KEDO only if, 15 days
prior to such obligation of funds, the President certifies and so
reports to Congress that--
(1) the parties to the Agreed Framework have taken and
continue to take demonstrable steps to implement the Joint
Declaration on Denuclearization of the Korean Peninsula;
(2) North Korea is complying with all provisions of the
Agreed Framework; and
(3) the United States is continuing to make significant
progress on eliminating the North Korean ballistic missile
threat, including further missile tests and its ballistic
missile exports.
(c) The President may waive the certification requirements of
subsections (b)(1) and (b)(3) if the President determines that it is
vital to the national security interests of the United States and
provides written policy justifications to the appropriate congressional
committees. No funds may be obligated for KEDO until 15 days after
submission to Congress of such waiver.
(d) The Secretary of State shall, at the time of the annual
presentation for appropriations, submit a report providing a full and
detailed accounting of the fiscal year 2004 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.
palestinian statehood
Sec. 560. (a) Limitation on Assistance.--None of the funds
appropriated by this Act may be provided to support a Palestinian state
unless the Secretary of State determines and certifies to the
appropriate congressional committees that--
(1) a new leadership of a Palestinian governing entity has
been democratically elected through credible and competitive
elections;
(2) the elected governing entity of a new Palestinian
state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures;
(C) is establishing a new Palestinian security
entity that is fully cooperative with appropriate
Israeli and other appropriate security organizations;
and
(3) the Palestinian Authority (or the governing body of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) It is the sense of Congress that the newly elected governing
entity should enact a constitution assuring the rule of law, an
independent judiciary, and respect for human rights for its citizens,
and should enact other laws and regulations assuring transparent and
accountable governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is vital to the national security interests of the
United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or a newly elected governing entity, in order
to help meet the requirements of subsection (a), consistent with the
provisions of section 552 of this Act (``Limitation on Assistance to
the Palestinian Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 561. 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. 562. Notwithstanding any other provision of law, funds
appropriated under the heading ``Economic Support Fund'' may be made
available for programs benefiting the Iraqi people and to support
efforts to bring about a political transition in Iraq.
west bank and gaza program
Sec. 563. (a) Oversight.--For fiscal year 2003, 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.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual or entity that the Secretary knows or has reason to believe
advocates, plans, sponsors, engages in, or has engaged in, terrorist
activity. The Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out this
subsection.
(c) Audits.--(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-Federal
audits of all contractors and grantees, and significant subcontractors
and subgrantees, under the West Bank and Gaza Program, are conducted at
least on an annual basis to ensure, among other things, compliance with
this section.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for assistance for
the West Bank and Gaza, up to $1,000,000 may be used by the Office of
the Inspector General of the United States Agency for International
Development for audits, inspections, and other activities in
furtherance of the requirements of this subsection. Such funds are in
addition to funds otherwise available for such purposes.
indonesia
Sec. 564. (a) Funds appropriated by this Act under the heading
``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 member 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. 565. (a) Briefings.--Not late than 90 days after the date of
enactment of this Act, and not later than every 120 days thereafter
during fiscal year 2003, the Department of State, in consultation with
the Department of Defense, shall provide detailed briefings to the
appropriate congressional committees (including the Committees on
Appropriations) on any discussions conducted between any executive
branch agency and the Government of Taiwan during the preceding 120
days (or, in the case of the initial briefing, since the date of
enactment of this Act) on any potential purchase of defense articles or
defense services by the Government of Taiwan.
(b) Executive Agency Defined.--In this section, the term
``executive branch agency'' has the meaning given the term ``agency''
in section 551(1) of title 5, United States Code.
restrictions on assistance to governments destabilizing sierra leone
Sec. 566. (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 aided or abetted, within the previous 6 months, in
the illicit distribution, transportation, or sale of diamonds mined in
Sierra Leone.
(b) Whenever the prohibition on assistance required under
subsection (a) is exercised, the Secretary of State shall notify the
Committees on Appropriations in a timely manner.
voluntary separation incentives
Sec. 567. 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, is further amended by striking ``December 31,
2002'' and inserting in lieu thereof ``December 31, 2003''.
contributions to united nations population fund
Sec. 568. (a) Limitations on Amount of Contribution.--Of the
amounts made available under ``International Organizations and
Programs'', $25,000,000 for fiscal year 2003 shall be available for the
United Nations Population Fund (hereafter in this section referred to
as the ``UNFPA'') subject to subsection (c).
(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 2003
for the UNFPA may not be made available to the UNFPA unless--
(1) the UNFPA maintains amounts made available to the UNFPA
under this section in an account separate from other accounts
of the UNFPA;
(2) the UNFPA does not commingle amounts made available to
the UNFPA under this section with other sums;
(3) the UNFPA does not fund abortions; and
(4) the UNFPA does not provide any funding for the State
Planned-Birth Commission (Jihua Shengyu Weiyuanhui) or its
regional affiliates in the People's Republic of China.
(d) Report to the Congress and Withholding of Funds.--
(1) Not later than February 15, 2003, the Secretary of
State shall submit a report to the appropriate congressional
committees indicating the amount of funds that the UNFPA is
budgeting for the year in which the report is submitted for a
country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that the
UNFPA plans to spend funds for a country program in the
People's Republic of China in the year covered by the report,
then the amount of such funds that the UNFPA plans to spend in
the People's Republic of China shall be deducted from the funds
made available to the UNFPA after March 1 for obligation for
the remainder of the fiscal year in which the report is
submitted.
procurement and financial management reform
Sec. 569. (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.
(b) Definitions.--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.
commercial leasing of defense articles
Sec. 570. 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. 571. (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 have failed, as determined by
the Secretary of State, to take necessary and significant steps to
implement its international legal obligations to apprehend and transfer
to the International Criminal Tribunal for the former Yugoslavia (the
``Tribunal'') all persons in their territory who have been publicly
indicted by the Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for
investigators, the provision of documents, and the surrender
and transfer of publicly indicted persons or assistance in
their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an international
financial institution regarding the extension of any new project
involving financial or technical assistance or grants to any country or
entity described in subsection (a), the Secretary of the Treasury, in
consultation with the Secretary of State, shall provide to the
Committees on Appropriations a written justification for the proposed
assistance, including an explanation of the United States position
regarding any such vote, as well as a description of the location of
the proposed assistance by municipality, its purpose, and its intended
beneficiaries.
(d) In carrying out this section, the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult with
representatives of human rights organizations and all government
agencies with relevant information to help prevent publicly indicted
war criminals from benefiting from any financial or technical
assistance or grants provided to any country or entity described in
subsection (a).
(e) The Secretary of State may waive the application of subsection
(a) with respect to projects within a country, entity, or municipality
upon a written determination to the Committees on Appropriations that
such assistance directly supports the implementation of the Dayton
Accords.
(f) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation
of Bosnia and Herzegovina, Kosovo, Montenegro and the Republika
Srpska.
(3) Municipality.--The term ``municipality'' means a city,
town or other subdivision within a country or entity as defined
herein.
(4) Dayton accords.--The term ``Dayton Accords'' means the
General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
user fees
Sec. 572. The Secretary of the Treasury shall instruct the United
States Executive Director at each international financial institution
(as defined in section 1701(c)(2) of the International Financial
Institutions Act) and the International Monetary Fund to oppose any
loan of these institutions that would require user fees or service
charges on poor people for primary education or primary healthcare,
including prevention and treatment efforts for HIV/AIDS, malaria,
tuberculosis, and infant, child, and maternal well-being, in connection
with the institutions' lending programs.
funding for yugoslavia
Sec. 573. (a) Funds appropriated by this Act may be made available
for assistance for the Central Government of the Federal Republic of
Yugoslavia (or the central government of a successor state) after March
31, 2003, if the President has made the determination and certification
contained in subsection (c).
(b) After March 31, 2003, the Secretary of the Treasury should
instruct the United States executive directors to international
financial institutions to support loans and assistance to the Central
Government of the Federal Republic of Yugoslavia (or the central
government of a successor state) subject to the conditions in
subsection (c): Provided, That section 576 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997, shall
not apply to the provision of loans and assistance to the Federal
Republic of Yugoslavia (or the central government of a successor state)
through international financial institutions.
(c) The determination and certification referred to in subsection
(a) is a determination by the President and a certification to the
Committees on Appropriations that the Central Government of the Federal
Republic of Yugoslavia (or the central government of a successor state)
is--
(1) cooperating with the International Criminal Tribunal
for Yugoslavia including access for investigators, the
provision of documents, and the surrender and transfer of
indictees or assistance in their apprehension; and
(2) taking steps that are consistent with the Dayton
Accords to end 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.
(d) Subsections (b) and (c) shall not apply to humanitarian
assistance or assistance to promote democracy.
prohibition on taxation of united states assistance
Sec. 574. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide assistance
for a foreign country under a new bilateral agreement governing the
terms and conditions under which such assistance is to be provided
unless such agreement includes a provision stating that assistance
provided by the United States shall be exempt from taxation, or
reimbursed, by the foreign government, and the Secretary of State shall
expeditiously seek to negotiate amendments to existing bilateral
agreements, as necessary, to conform with this requirement: Provided,
That the Secretary of State shall report to the Committees on
Appropriations not later than May 1, 2003, regarding the extent to
which existing bilateral agreements have been amended to reflect this
policy.
(b) Reimbursement of Foreign Taxes.--Of the funds appropriated by
this Act that are allocated for assistance for a foreign country and
for the West Bank and Gaza Program, an amount equivalent to 200 percent
of the total taxes assessed against United States assistance programs
by a foreign government or entity, either directly or through grantees,
contractors and subcontractors, as of the date of the enactment of this
Act that were assessed beginning on the first day of the United States
fiscal year preceding the current fiscal year, and for which a proper
claim for refund has been submitted to the foreign government, shall be
withheld from obligation for such country and for the West Bank and
Gaza Program to the extent that the Secretary of State certifies and
reports in writing to the Committees on Appropriations that such taxes
have not been reimbursed to the Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the reimbursement provisions of subsection (b),
except that the Secretary of State shall report to the Committees on
Appropriations not later than May 1, 2003, on the degree to which
countries or entities impose such taxes, and the steps the United
States Government has taken to end this practice in conformance with
subsection (a): Provided, That the report required under this
subsection may be combined with the report required under subsection
(a).
(d) Refund to the Treasury and Reprogramming of Funds.--Of the
funds withheld from obligation for each country or entity pursuant to
subsection (b), one-half may become available for reprogramming for
other purposes (pursuant to section 515 of this Act and consistent with
the purposes for which such funds were originally appropriated) and
one-half shall be deposited in the General Fund of the Treasury on, or
within 5 days after, September 1, 2003, pursuant to the certification
required under subsection (b).
(e) Implementation.--The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(f) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to excise
taxes, value added taxes, and customs duties, or any other
similar form of taxation on United States assistance, excluding
income taxes or similar taxes; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the government of the United States
and the government of the country receiving assistance that
describes the privileges and immunities applicable to United
States foreign assistance for such country generally, or an
individual agreement between the Government of the United
States and such government that describes, among other things,
the treatment for tax purposes that will be accorded the United
States assistance provided under that agreement.
prohibition on use of multilateral assistance to support terrorism
Sec. 575. (a) Review by the Comptroller General.--Not later than
May 1, 2003, the Comptroller General of the United States shall provide
a report to the Committees on Appropriations on the extent to which the
Department of State is complying with section 301(c) of the Foreign
Assistance Act of 1961, and on the implementation of procedures that
have been established by the United Nations Relief and Works Agency for
Palestine Refugees in the Near East (UNRWA) to meet the standards of
the Department of State regarding compliance with the requirements of
section 301(c) that no contributions by the United States to UNRWA are
made except on the condition that UNRWA take all possible measures to
assure that no part of the United States contribution shall be used to
furnish assistance to any refugee who is receiving military training as
a member of the so-called Palestine Liberation Army or any other
guerilla type organization or who has engaged in any act of terrorism.
(b) Enforcement.--The Secretary of State shall report to the
Committees on Appropriations no later than 60 days following the
enactment into law of this Act on the procedures that have been
established by the Department of State to ensure that section 301(c) of
the Foreign Assistance Act of 1961 is enforced to the fullest extent
practicable.
colombia
Sec. 576. (a) Determination and Certification Required.--None of
the funds appropriated by this Act may be made available for assistance
for the Colombian Armed Forces until the Secretary of State determines
and certifies to the appropriate congressional committees that:
(1) 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;
(2) 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; and
(3) 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.
(b) Consultative Process.--At least 10 days prior to making the
determination and certification required by this section, and every 120
days thereafter during fiscal year 2003, the Secretary of State shall
consult with internationally recognized human rights organizations
regarding progress in meeting the conditions contained in subsection
(a).
(c) Report.--One hundred and twenty days after the enactment of
this Act, and every 120 days thereafter during fiscal year 2003, the
Secretary of State shall submit a report to the Committees on
Appropriations describing actions taken by the Colombian Armed Forces
to meet the requirements set forth in subsection (a).
(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. 577. (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.
burma
Sec. 578. (a) 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, not less than $8,500,000 should be made available to support
activities in Burma, along the Burma-Thailand border, and for
activities of Burmese student groups and other organizations located
outside Burma, for the purpose of fostering democracy in Burma,
supporting the provision of medical supplies and other humanitarian
assistance to Burmese located in Burma or displaced Burmese along the
borders, and for other purposes: Provided, That of this amount not less
than $200,000 should be made available to support newspapers,
publications, and other media activities promoting democracy inside
Burma: Provided further, That funds made available under this heading
may be made available notwithstanding any other provision of law:
Provided further, That provision of such funds shall be made available
subject to the regular notification procedures of the Committees on
Appropriations.
(b) Of the funds appropriated by this Act under the heading ``Child
Survival and Health Programs Fund'', not less than $2,000,000 should be
made available for the prevention, treatment, and control of HIV/AIDS,
tuberculosis, malaria, and other infectious diseases in Burma.
tropical forest conservation
Sec. 579. Of the funds appropriated under the heading ``Development
Assistance'', $50,000,000 is available to carry out tropical forest
conservation activities authorized by the Foreign Assistance Act of
1961, of which amount up to $40,000,000 may be available for the cost,
as defined in section 502 of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees, pursuant to the provisions of part
V of such Act, the Tropical Forest Conservation Act of 1998.
authorizations
Sec. 580. The Secretary of the Treasury may, to fulfill commitments
of the United States, contribute on behalf of the United States to the
seventh replenishment of the resources of the Asian Development Fund, a
special fund of the Asian Development Bank; to the thirteenth
replenishment of the resources of the International Development
Association; and to the ninth replenishment of the resources of the
African Development Fund. The following amounts are authorized to be
appropriated without fiscal year limitation for payment by the
Secretary of the Treasury: $412,000,000 for the Asian Development Fund,
$2,850,000,000 for the International Development Association, and
$354,000,000 for the African Development Fund.
cuba
Sec. 581. None of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law Enforcement'' may be
made available for assistance to the Government of Cuba.
trade capacity building
Sec. 582. Of the funds appropriated by this Act, under the headings
``Trade and Development Agency'', ``Development Assistance'',
``Transition Initiatives'', ``Economic Support Fund'', ``International
Affairs Technical Assistance'', and ``International Organizations and
Programs'', not less than $452,000,000 should be made available for
trade capacity building assistance.
american churchwomen and other citizens in el salvador and guatemala
Sec. 583. (a) To the fullest extent possible information relevant
to the December 2, 1980, murders of four American churchwomen in El
Salvador, and the May 5, 2001, murder of Sister Barbara Ann Ford and
the murders of six other American citizens in Guatemala since December
1999, should be investigated and made public.
(b) The Department of State is urged to pursue all reasonable
avenues in assuring the collection and public release of information
pertaining to the murders of the six American citizens in Guatemala.
(c) The President shall order all Federal agencies and departments,
including the Federal Bureau of Investigation, that possess relevant
information, to expeditiously declassify and release to the victims'
families such information, consistent with existing standards and
procedures on classification.
(d) In making determinations concerning declassification and
release of relevant information, all Federal agencies and departments
should use the discretion contained within such existing standards and
procedures on classification in support of releasing, rather than
withholding, such information.
(e) All reasonable efforts should be taken by the American Embassy
in Guatemala to work with relevant agencies of the Guatemalan
Government to protect the safety of American citizens in Guatemala, and
to assist in the investigations of violations of human rights.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2003''.
Union Calendar No. 406
107th CONGRESS
2d Session
H. R. 5410
[Report No. 107-663]
_______________________________________________________________________
A BILL
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2003, and for
other purposes.
_______________________________________________________________________
September 19, 2002
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Introduced in House
Referred to the House Committee on Appropriations.
The House Committee on Appropriations reported an original measure, H. Rept. 107-663, by Mr. Kolbe.
The House Committee on Appropriations reported an original measure, H. Rept. 107-663, by Mr. Kolbe.
Placed on the Union Calendar, Calendar No. 406.
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