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107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-345
======================================================================
MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, AND
RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, AND
FOR OTHER PURPOSES
_______
December 19, 2001.--Ordered to be printed
_______
Mr. Kolbe, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2506]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
2506) ``making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending
September 30, 2002, and for other purposes'', having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2002, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
export-import bank of the united states
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out the program for the current fiscal
year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other
than a nuclear-weapon state as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligible to
receive economic or military assistance under this Act, that
has detonated a nuclear explosive after the date of the
enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, $727,323,000 to remain
available until September 30, 2005: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall remain available until
September 30, 2020 for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal
years 2002, 2003, 2004, and 2005: Provided further, That none
of the funds appropriated by this Act or any prior Act
appropriating funds for foreign operations, export financing,
or related programs for tied-aid credits or grants may be used
for any other purpose except through the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export Import
Bank Act of 1945, in connection with the purchase or lease of
any product by any East European country, any Baltic State or
any agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors,
$63,000,000: Provided, That necessary expenses (including
special services performed on a contract or fee basis, but not
including other personal services) in connection with the
collection of moneys owed the Export-Import Bank, repossession
or sale of pledged collateral or other assets acquired by the
Export-Import Bank in satisfaction of moneys owed the Export-
Import Bank, or the investigation or appraisal of any property,
or the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee or
insurance commitment has been made, shall be considered
nonadministrative expenses for the purposes of this heading:
Provided further, That, notwithstanding subsection (b) of
section 117 of the Export Enhancement Act of 1992, subsection
(a) thereof shall remain in effect until October 1, 2002.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within the
limits of funds available to it and in accordance with law as
may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $38,608,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the
purposes of this heading.
program account
Such sums as may be necessary for administrative expenses
to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit
and insurance programs in the Overseas Private Investment
Corporation Noncredit Account and merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961, $50,024,000,
to remain available until September 30, 2003.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2002,
unless otherwise specified herein, as follows:
united states agency for international development
child survival and health programs fund
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, and title I of Public Law 106-570, for child survival,
reproductive health/family planning, assistance to combat
tropical and other infectious diseases, and related activities,
in addition to funds otherwise available for such purposes,
$1,433,500,000, to remain available until expended: Provided,
That this amount shall be made available for such activities
as: (1) immunization programs; (2) oral rehydration programs;
(3) health, nutrition, water and sanitation programs which
directly address the needs of mothers and children, and related
education programs; (4) assistance for displaced and orphaned
children; (5) programs for the prevention, treatment, and
control of, and research on, HIV/AIDS, tuberculosis, malaria,
polio and other infectious diseases; and (6) family planning/
reproductive health: Provided further, That none of the funds
appropriated under this heading may be made available for
nonproject assistance, except that funds may be made available
for such assistance for ongoing health programs: Provided
further, That of the funds appropriated under this heading, not
to exceed $125,000, in addition to funds otherwise available
for such purposes, may be used to monitor and provide oversight
of child survival, maternal and family planning/reproductive
health, and infectious disease programs: Provided further, That
the following amounts should be allocated as follows:
$315,000,000 for child survival and maternal health;
$25,000,000 for vulnerable children; $435,000,000 for HIV/AIDS
including not less than $15,000,000 which should be made
available to support the development of microbicides as a means
for combating HIV/AIDS; $165,000,000 for other infectious
diseases, of which $65,000,000 should be made available for the
prevention, treatment, and control of, and research on,
tuberculosis, and of which $65,000,000 should be made available
to combat malaria; $368,500,000 for family planning/
reproductive health, including in areas where population growth
threatens biodiversity or endangered species; and $120,000,000
for UNICEF: Provided further, That of the funds appropriated
under this heading, up to $50,000,000 may be made available,
notwithstanding any other provision of law for a United States
contribution to a global fund to combat AIDS, tuberculosis, and
malaria: Provided further, That in addition to the funds made
available elsewhere under this heading and subject to the
regular notification procedures of the Committees on
Appropriations, the President may make available up to an
additional $50,000,000, notwithstanding any other provision of
law, for a United States contribution to a global fund to
combat AIDS, tuberculosis, and malaria, which may be derived
from funds appropriated in title II of this Act and in title II
of prior Acts making appropriations for foreign operations,
export financing, and related programs: Provided further, That
of the funds appropriated under this heading, up to $53,000,000
may be made available for a United States contribution to The
Vaccine Fund, and up to $10,000,000 may be made available for
the International AIDS Vaccine Initiative: Provided further,
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 maybe 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, $1,178,000,000, to remain
available until September 30, 2003: Provided, That $150,000,000
should be allocated for children's basic education: Provided
further, That none of the funds appropriated under this heading
may be made available for any activity which is in
contravention to the Convention on International Trade in
Endangered Species of Flora and Fauna: Provided further, That
of the funds appropriated under this heading and the heading
``ChildSurvival and Health Programs Fund'', $2,000,000 should
be made available for Laos: Provided further, That funds made available
under the previous proviso should be made available only through
nongovernmental organizations: Provided further, That of the funds
appropriated under this heading that are made available for assistance
programs for displaced and orphaned children and victims of war, not to
exceed $32,500, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of such
programs: Provided further, That of the aggregate amount of the funds
appropriated by this Act that are made available for agriculture and
rural development programs, $25,000,000 should be made available for
plant biotechnology research and development: Provided further, That
not less than $2,300,000 should be made available for core support for
the International Fertilizer Development Center: Provided further, That
of the funds appropriated under this heading, not less than $18,000,000
should be made available for the American Schools and Hospitals Abroad
program: Provided further, That of the funds appropriated under this
heading, not less than $275,000,000 should be made available for
programs and activities which directly protect tropical forests,
biodiversity and endangered species, promote the sustainable use of
natural resources, and promote a wide range of clean energy and energy
conservation activities, including the transfer of cleaner and
environmentally sustainable energy technologies, and related
activities.
burma
Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $6,500,000 shall be made
available to support democracy activities in Burma, democracy
and humanitarian activities along the Burma-Thailand border,
and for Burmese student groups and other organizations located
outside Burma: Provided, That funds made available for Burma-
related activities under this heading may be made available
notwithstanding any other provision of law: Provided further,
That the provision of such funds shall be made available
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That title II
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2001, as enacted by section 101(a)
of Public Law 106-429, is amended, under the heading ``Burma'',
by inserting ``, `Child Survival and Disease Programs Fund',''
after ``Fund''.
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, as amended,
$235,500,000, to remain available until expended.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, $50,000,000,
to remain available until expended, to support transition to
democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees, up to
$18,500,000, as authorized by sections 108 and 635 of the
Foreign Assistance Act of 1961: Provided, That such funds shall
be derived by transfer from funds appropriated by this Act to
carry out part I of the Foreign Assistance Act of 1961, and
under the heading ``Assistance for Eastern Europe and the
Baltic States'': Provided further, That such funds shall be
made available only for micro and small enterprise programs,
urban programs, and other programs which further the purposes
of part I of the Act: Provided further, That during fiscal year
2002, commitments to guarantee loans shall not exceed
$267,500,000: Provided further, That such costs shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, 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 direct loans and loan guarantees provided under
this heading. In addition, for administrative expenses to carry
out credit programs administered by the United States Agency
for International Development, $7,500,000, all of which may be
transferred to and merged with the appropriation for Operating
Expenses of the United States Agency for International
Development: Provided further, That funds appropriated under
this heading shall remain available until September 30, 2007.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act of
1980, $44,880,000.
operating expenses of the united states agency for international
development
For necessary expenses to carry out the provisions of
section 667, $549,000,000: Provided, That none of the funds
appropriated under this heading may be made available to
finance the construction (including architect and engineering
services), purchase, or long term lease of offices for use by
the United States Agency for International Development, unless
the Administrator has identified such proposed construction
(including architect and engineering services), purchase, or
long term lease of offices in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of these funds for such purposes: Provided further,
That the previous proviso shall not apply where the total cost
of construction (including architect and engineering services),
purchase, or long term lease of offices does not exceed
$1,000,000: Provided further, That of the funds appropriated
under this heading, up to $10,000,000 may remain available
until expended for security-related costs.
operating expenses of the united states agency for international
development office of inspector general
For necessary expenses to carry out the provisions of
section 667, $31,500,000, to remain available until September
30, 2003, which sum shall be available for the Office of the
Inspector General of the United States Agency for International
Development.
Other Bilateral Economic Assistance
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,199,000,000, to remain available until
September 30, 2003: Provided, That of the funds appropriated
under this heading, not less than $720,000,000 shall be
available only for Israel, which sum shall be available on a
grant basis as a cash transfer and shall be disbursed within 30
days of the enactment of this Act or by October 31, 2001,
whichever is later: Provided further, That not less than
$655,000,000 shall be available only for Egypt, which sum shall
be provided on a grant basis, and of which sum cash transfer
assistance shall be provided with the understanding that Egypt
will undertake significant economic reforms which are
additional to those which were undertaken in previous fiscal
years, and of which not less than $200,000,000 shall be
provided as Commodity Import Program assistance: Provided
further, That in exercising the authority to provide cash
transfer assistance for Israel, the President shall ensure that
the level of such assistance does not cause an adverse impact
on the total level of nonmilitary exports from the United
States to such country and that Israel enters into a side
letter agreement in an amount proportional to the fiscal year
1999 agreement: Provided further, That of the funds
appropriated under this heading, $150,000,000 should be made
available for assistance for Jordan: Provided further, That of
the funds appropriated under this heading, $50,000,000 should
be made available for assistance for Indonesia: Provided
further, That not less than $15,000,000 of the funds
appropriated under this heading shall be made available for
Cyprus to be used only for scholarships, administrative support
of the scholarship program, bicommunal projects, and measures
aimed at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two
communities on Cyprus: Provided further, That not less than
$35,000,000 of the funds appropriated under this heading shall
be made available for assistance for Lebanon to be used, among
other programs, for scholarships and direct support of the
American educational institutions in Lebanon: Provided further,
That notwithstanding section 534(a) of this Act, funds
appropriated under this heading that are made available for
assistance for the Central Government of Lebanon shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
Government of Lebanon should enforce the custody and
international pickup orders,issued during calendar year 2001,
of Lebanon's civil courts regarding abducted American children in
Lebanon: Provided further, That of the funds appropriated under this
heading, not less than $25,000,000 shall be made available for
assistance for East Timor of which up to $1,000,000 may be transferred
to and merged with the appropriation for Operating Expenses of the
United States Agency for International Development: Provided further,
That funds appropriated under this heading may be used, notwithstanding
any other provision of law, to provide assistance to the National
Democratic Alliance of Sudan to strengthen its ability to protect
civilians from attacks, slave raids, and aerial bombardment by the
Sudanese Government forces and its militia allies, and the provision of
such funds shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That in the
previous proviso, the term ``assistance'' includes non-lethal, non-food
aid such as blankets, medicine, fuel, mobile clinics, water drilling
equipment, communications equipment to notify civilians of aerial
bombardment, non-military vehicles, tents, and shoes: Provided further,
That with respect to funds appropriated under this heading in this Act
or prior Acts making appropriations for foreign operations, export
financing, and related programs, the responsibility for policy
decisions and justifications for the use of such funds, including
whether there will be a program for a country that uses those funds and
the amount of each such program, shall be the responsibility of the
Secretary of State and the Deputy Secretary of State and this
responsibility shall not be delegated.
international fund for ireland
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$25,000,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall be
made available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415):
Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That funds made available under
this heading shall remain available until September 30, 2003.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $621,000,000, to remain
available until September 30, 2003, which shall be available,
notwithstanding any other provision of law, for assistance and
for related programs for Eastern Europe and the Baltic States:
Provided, That not to exceed $21,500,000 of the funds
appropriated under this heading in this Act and in prior Acts
making appropriations for foreign operations, export financing,
and related programs, together with not to exceed $21,500,000
of the funds appropriated under the heading ``Economic Support
Fund'' in this Act and such prior Acts, may be made available
for the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying direct loans and guarantees
for the Federal Republic of Yugoslavia: Provided further, That
funds made available for assistance for Kosovo from funds
appropriated under this heading and under the headings
``Economic Support Fund'' and ``International Narcotics Control
and Law Enforcement'' should not exceed 15 percent of the total
resources pledged by all donors for calendar year 2002 for
assistance for Kosovo as of March 31, 2002: Provided further,
That none of the funds made available under this Act for
assistance for Kosovo shall be made available for large scale
physical infrastructure reconstruction.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for an
Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the Fund's disbursement of such funds
for program purposes. The Fund may retain for such program
purposes any interest earned on such deposits without returning
such interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available for
Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance.
(d) With regard to funds appropriated under this heading
for the economic revitalization program in Bosnia and
Herzegovina, and local currencies generated by such funds
(including the conversion of funds appropriated under this
heading into currency used by Bosnia and Herzegovina as local
currency and local currency returned or repaid under such
program) the Administrator of the 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, $784,000,000, to remain available until September 30,
2003: 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: Provided
further, That of the funds appropriated under this heading not
less than $17,500,000 shall be made available solely for the
Russian Far East: Provided further, That, notwithstanding any
other provision of law funds appropriated under this heading in
this Act or prior Acts making appropriations for foreign
operations, export financing, or related programs, that are
made available pursuant to the provisions of section 807 of the
FREEDOM Support Act (Public Law 102-511) shall be subject to
the ceiling on administrative expenses contained in section
807(a)(5) of the FREEDOM Support Act.
(b) Of the funds appropriated under this heading, not less
than $154,000,000 should be made available for assistance for
Ukraine: Provided, That of this amount, not less than
$30,000,000 should be made available for nuclear reactor safety
initiatives: Provided further, That not later than 60 days
after the date of enactment of this Act, and 120 days
thereafter, the Department of State shall submit to the
Committees on Appropriations a report on progress by the
Government of Ukraine in investigating and bringing to justice
individuals responsible for the murders of Ukrainian
journalists.
(c) Of the funds appropriated under this heading, not less
than $90,000,000 shall be made available for assistance for
Armenia.
(d) Of the funds appropriated under this heading,
$90,000,000 should be made available for assistance for
Georgia.
(e)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government of the Russian
Federation, 60 percent shall be withheld from obligation until
the President determines and certifies in writing to the
Committees on Appropriations that the Government of the Russian
Federation:
(A) has terminated implementation of arrangements
to provide Iran with technical expertise, training,
technology, or equipment necessary to develop a nuclear
reactor, related nuclear research facilities or
programs, or ballistic missile capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief
to refugees and internally displaced persons in
Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of
trafficking in persons; and
(B) activities authorized under title V
(Nonproliferation and Disarmament Programs and
Activities) of the FREEDOM Support Act.
(f) Of the funds appropriated under this heading, not less
than $49,000,000 should be made available, in addition to funds
otherwise available for such purposes, for assistance for child
survival, environmental and reproductive health/family
planning, and to combat HIV/AIDS, tuberculosis, and other
infectious diseases, and for related activities.
(g)(1) Section 907 of the FREEDOM Support Act shall not
apply to--
(A) activities to support democracy or assistance
under title V of the FREEDOM Support Act and section
1424 of Public Law 104-201 or non-proliferation
assistance;
(B) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(C) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(D) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(E) any financing provided under the Export-Import
Bank Act of 1945; or
(F) humanitarian assistance.
(2) The President may waive section 907 of the FREEDOM
Support Act if he determines and certifies to the Committees on
Appropriations that to do so--
(A) is necessary to support United States efforts
to counter international terrorism; or
(B) is necessary to support the operational
readiness of United States Armed Forces or coalition
partners to counter international terrorism; or
(C) is important to Azerbaijan's border security;
and
(D) will not undermine or hamper ongoing efforts to
negotiate a peaceful settlement between Armenia and
Azerbaijan or be used for offensive purposes against
Armenia.
(3) The authority of paragraph (2) may only be exercised
through December 31, 2002.
(4) The President may extend the waiver authority provided
in paragraph (2) on an annual basis on or after December 31,
2002 if he determines and certifies to the Committees on
Appropriations in accordance with the provisions of paragraph
(2).
(5) The Committees on Appropriations shall be consulted
prior to the provision of any assistance made available
pursuant to paragraph (2).
(6) Within 60 days of any exercise of the authority under
paragraph (2) the President shall send a report to the
appropriate congressional committees specifying in detail the
following--
(A) the nature and quantity of all training and
assistance provided to the Government of Azerbaijan
pursuant to paragraph (2);
(B) the status of the military balance between
Azerbaijan and Armenia and the impact of United States
assistance on that balance; and
(C) the status of negotiations for a peaceful
settlement between Armenia and Azerbaijan and the
impact of United States assistance on those
negotiations.
Independent Agencies
inter-american foundation
For expenses necessary to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, and to make
commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104(b)(3), $13,106,950.
african development foundation
For expenses necessary to carry out title V of the
International Security and Development Cooperation Act of 1980,
Public Law 96-533, and to make commitments without regard to
fiscal year limitations, as provided by 31 U.S.C. 9104(b)(3),
$16,542,000: Provided, That funds made available to grantees
may be invested pending expenditure for project purposes when
authorized by the President of the Foundation: Provided
further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
this authority applies to interest earned both prior to and
following enactment of this provision: Provided further, That
notwithstanding section 505(a)(2) of the African Development
Foundation Act, in exceptional circumstances the 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), $275,000,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 2003.
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $217,000,000, to remain
available until expended: Provided, That any funds made
available under this heading for anti-crime programs and
activities shall be made available subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That during fiscal year 2002, the Department
of State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of the
United States Government for the purpose of providing it to a
foreign country under chapter 8 of part I of that Act subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds
appropriated under this heading, $10,000,000 should be made
available for anti-trafficking in persons programs, including
trafficking prevention, protection and assistance for victims,
and prosecution of traffickers: Provided further, That of the
funds appropriated under this heading, not more than
$21,738,000 may be available for administrative expenses.
andean counterdrug initiative
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 solely to support counterdrug
activities in the Andean region of South America, $625,000,000,
to remain available until expended: Provided, That in addition
to the funds appropriated under this heading and subject to the
regular notification procedures of the Committees on
Appropriations, the President may make available up to an
additional $35,000,000 for the Andean Counterdrug Initiative,
which may be derived from funds appropriated under the heading
``International Narcotics Control and Law Enforcement'' in this
Act and in prior Acts making appropriations for foreign
operations, export financing, and related programs: Provided
further, That of the amount appropriated under this heading,
not less than $215,000,000 shall be apportioned directly to the
United States Agency for International Development, to be used
for economic and social programs: Provided further, That funds
appropriated by this Act that are used for the procurement of
chemicals for aerial coca fumigation programs may be made
available for such programs only if the Secretary of State,
after consultation with the Administrator of the Environmental
Protection Agency, the Secretary of the Department of
Agriculture, and, if appropriate, the Director of the Centers
for Disease Control and Prevention, determines and reports to
the Committees on Appropriations that (1) aerial coca
fumigation is being carried out in accordance with regulatory
controls required by the Environmental Protection Agency as
labeled for use in the United States, and after consultation
with the Colombian Government to ensure that the fumigation is
in accordance with Colombian laws; (2) the chemicals used in
the aerial fumigation of coca, in the manner in which they are
being applied, do not pose unreasonable risks or adverse
effects to humans or the environment; and (3) procedures are
available to evaluate claims of local citizens that theirhealth
was harmed or their licit agricultural crops were damaged by such
aerial coca fumigation, and to provide fair compensation for
meritorious claims; and such funds may not be made available for such
purposes after six months from the date of enactment of this Act unless
alternative development programs have been developed, in consultation
with communities and local authorities in the departments in which such
aerial coca fumigation is planned, and in the departments in which such
aerial coca fumigation has been conducted such programs are being
implemented: Provided further, That none of the funds appropriated by
this Act may be made available to support a Peruvian air interdiction
program until the Secretary of State and Director of Central
Intelligence certify to the Congress, 30 days before any resumption of
United States involvement in a Peruvian air interdiction program, that
an air interdiction program that permits the ability of the Peruvian
Air Force to shoot down aircraft will include enhanced safeguards and
procedures to prevent the occurrence of any incident similar to the
April 20, 2001 incident: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds appropriated
under this heading: Provided further, That assistance provided with
funds appropriated under this heading that is made available
notwithstanding section 482(b) of the Foreign Assistance Act of 1961,
as amended, shall be made available subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
section 3204(b)(1)(A) of Public Law 106-246 is amended by striking
``500'' and inserting in lieu thereof ``400'', and section
3204(b)(1)(B) of Public Law 106-246 is amended by striking ``300'' and
inserting in lieu thereof ``400'': Provided further, That the President
shall ensure that if any helicopter procured with funds under this
heading is used to aid or abet the operations of any illegal self-
defense group or illegal security cooperative, such helicopter shall be
immediately returned to the United States: Provided further, That funds
made available under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this heading, not more
than $14,240,000 may be available for administrative expenses of the
Department of State, and not more than $4,500,000 may be available for
administrative expenses of the United States Agency for International
Development.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by law,
a contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the
International Organization for Migration and the United Nations
High Commissioner for Refugees, and other activities to meet
refugee and migration needs; salaries and expenses of personnel
and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $705,000,000, which shall remain
available until expended: Provided, That not more than
$16,000,000 may be available for administrative expenses:
Provided further, That funds appropriated under this heading
may be made available for a headquarters contribution to the
International Committee of the Red Cross only if the Secretary
of State determines (and so reports to the appropriate
committees of the Congress) that the Magen David Adom Society
of Israel is not being denied participation in the activities
of the International Red Cross and Red Crescent Movement:
Provided further, That not less than $60,000,000 of the funds
made available under this heading shall be made available for
refugees from the former Soviet Union and Eastern Europe and
other refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 260(c)), $15,000,000, to remain
available until expended: Provided, That the funds made
available under this heading are appropriated notwithstanding
the provisions contained in section 2(c)(2) of the Act which
would limit the amount of funds which could be appropriated for
this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism
and related programs and activities, $313,500,000, to carry out
the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, chapter 9
of part II of the Foreign Assistance Act of 1961, section 504
of the FREEDOM Support Act, section 23 of the Arms Export
Control Act or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities,
notwithstanding any other provision of law, including
activities implemented through nongovernmental and
international organizations, section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA) and a voluntary
contribution to the Korean Peninsula Energy Development
Organization (KEDO), and for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, 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 $14,000,000, to remain available until
expended, may be made available for the Nonproliferation and
Disarmament Fund, notwithstanding any other provision of law,
to promote bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of
the United States to do so following consultation with the
appropriate committees of Congress: Provided further, That
funds appropriated under this heading may be made available for
the International Atomic Energy Agency only if the Secretary of
State determines (and so reports to the Congress) that Israel
is not being denied its right to participate in the activities
of that Agency: Provided further, That of the funds made
available for demining and related activities, not to exceed
$500,000, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to
the operation and management of the demining program.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961 (relating to
international affairs technical assistance activities),
$6,500,000, to remain available until expended, which shall be
available notwithstanding any other provision of law.
debt restructuring
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for programs
within the International Affairs Budget Function 150, including
the cost of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries, pursuant to parts IV and V of the Foreign
Assistance Act of 1961, and of modifying concessional credit
agreements with least developed countries, as authorized under
section 411 of the Agricultural Trade Development and
Assistance Act of 1954, as amended, and concessional loans,
guarantees and credit agreements, as authorized under section
572 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made
pursuant to the Export-Import Bank Act of 1945, by countries
that are eligible for debt reduction pursuant to title V of
H.R. 3425 as enacted into law by section 1000(a)(5) of Public
Law 106-113, $229,000,000, to remain available until expended:
Provided, That not less than $5,000,000 of the funds
appropriated under this heading shall be made available to
carry out the provisions of part V of the Foreign Assistance
Act of 1961, and up to $20,000,000 of unobligated balances of
funds available under this heading from prior year
appropriations acts should be made available to carry out such
provisions: Provided further, That funds appropriated or
otherwise made available under this heading in this Act may be
used by the Secretary of the Treasury to pay to the Heavily
Indebted Poor Countries (HIPC) Trust Fund administered by the
International Bank for Reconstruction and Development amounts
for the benefit of countries that are eligible for debt
reduction pursuant to title V of H.R. 3425 as enacted into law
by section 1000(a)(5) of Public Law 106-113: Provided further,
That amounts paidto the HIPC Trust Fund may be used only to
fund debt reduction under the enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic
Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State
has credible evidence that the government of such country is
engaged in a consistent pattern of gross violations of
internationally recognized human rights or in military or civil
conflict that undermines its ability to develop and implement
measures to alleviate poverty and to devote adequate human and
financial resources to that end: Provided further, That on the
basis of final appropriations, the Secretary of the Treasury
shall consult with the Committees on Appropriations concerning
which countries and international financial institutions are
expected to benefit from a United States contribution to the
HIPC Trust Fund during the fiscal year: Provided further, That
the Secretary of the Treasury shall inform the Committees on
Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make payments
to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries
that--
(a) have committed, for a period of 24 months, not
to accept new market-rate loans from the international
financial institution receiving debt repayment as a
result of such disbursement, other than loans made by
such institution to export-oriented commercial projects
that generate foreign exchange which are generally
referred to as ``enclave'' loans; and
(b) have documented and demonstrated their
commitment to redirect their budgetary resources from
international debt repayments to programs to alleviate
poverty and promote economic growth that are additional
to or expand upon those previously available for such
purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Acts shall be made available for Sudan or Burma
unless the Secretary of Treasury determines and notifies the
Committees on Appropriations that a democratically elected
government has taken office.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961, $70,000,000,
of which up to $3,000,000 may remain available until expended:
Provided, That the civilian personnel for whom military
education and training may be provided under this heading may
include civilians who are not members of a government whose
participation would contribute to improved civil-military
relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under
this heading for military education and training for Indonesia
and Guatemala may only be available for expanded international
military education and training and funds made available for
Algeria, Indonesia and Guatemala may only be provided through
the regular notification procedures of the Committees on
Appropriations.
foreign military financing program
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $3,650,000,000: Provided, That of the funds
appropriated under this heading, not less than $2,040,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be madeavailable 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, 2001, whichever is later: Provided further, That
to the extent that the Government of Israel requests that funds be used
for such purposes, grants made available for Israel by this paragraph
shall, as agreed by Israel and the United States, be available for
advanced weapons systems, of which not less than $535,000,000 shall be
available for the procurement in Israel of defense articles and defense
services, including research and development: Provided further, That of
the funds appropriated by this paragraph, not less than $75,000,000
shall be made available for assistance for Jordan: Provided further,
That of the funds appropriated by this paragraph, not less than
$3,500,000 should be made available for assistance for Tunisia:
Provided further, That during fiscal year 2002, the President is
authorized to, and shall, direct the drawdowns of defense articles from
the stocks of the Department of Defense, defense services of the
Department of Defense, and military education and training of an
aggregate value of not less than $5,000,000 under the authority of this
proviso for Tunisia for the purposes of part II of the Foreign
Assistance Act of 1961: Provided further, That of the funds
appropriated by this paragraph and under the heading ``International
Narcotics Control and Law Enforcement'', not less than $2,300,000 shall
be made available for assistance for Thailand, of which not less than
$1,000,000 shall be made available from funds appropriated under the
heading ``International Narcotics Control and Law Enforcement'' and
which shall be in addition to other funds available for such purposes:
Provided further, That of the funds appropriated by this paragraph, not
less than $4,000,000 shall be made available for assistance for
Armenia: Provided further, That funds appropriated by this paragraph
shall be nonrepayable notwithstanding any requirement in section 23 of
the Arms Export Control Act: Provided further, That funds made
available under this paragraph shall be obligated upon apportionment in
accordance with paragraph (5)(C) of title 31, United States Code,
section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United
States Government specifying the conditions under which such
procurements may be financed with such funds: Provided, That
all country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the
funds appropriated under this heading shall be available for
assistance for Sudan and Liberia: Provided further, That funds
made available under this heading may be used, notwithstanding
any other provision of law, for demining, the clearance of
unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and
international organizations: Provided further, That none of the
funds appropriated under this heading shall be available for
assistance for Guatemala: Provided further, That only those
countries for which assistance was justified for the ``Foreign
Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may
utilize funds made available under this heading for procurement
of defense articles, defense services or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided further,
That funds appropriated under this heading shall be expended at
the minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$35,000,000 of the funds appropriated under this heading may be
obligatedfor necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside of the
United States, for the general costs of administering military
assistance and sales: Provided further, That not more than $348,000,000
of funds realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act may be obligated for expenses incurred by the Department of
Defense during fiscal year 2002 pursuant to section 43(b) of the Arms
Export Control Act, except that this limitation may be exceeded only
through the regular notification procedures of the Committees on
Appropriations: Provided further, That foreign military financing
program funds estimated to be outlayed for Egypt during fiscal year
2002 shall be transferred to an interest bearing account for Egypt in
the Federal Reserve Bank of New York within 30 days of enactment of
this Act or by October 31, 2001, whichever is later: Provided further,
That the ninth proviso under the heading ``Foreign Military Financing
Program'' in title III of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001, as enacted by Public Law
106-429, is amended by inserting ``or 2002'' after ``2001''.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$135,000,000: Provided, That none of the funds appropriated
under this heading shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
global environment facility
For the United States contribution for the Global
Environment Facility, $100,500,000, to the International Bank
for Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $792,400,000, to remain
available until expended: Provided, That in negotiating United
States participation in the next replenishment of the
International Development Association, the Secretary of the
Treasury shall accord high priority to providing the
International Development Association with the policy
flexibility to provide new grant assistance to countries
eligible for debt reduction under the enhanced HIPC Initiative:
Provided further, That the Secretary of the Treasury should
instruct the United States executive director to the
International Bank for Reconstruction and Development to vote
against any water or sewage project in India that does not
prohibit the use of scavenger labor.
contribution to the multilateral investment guarantee agency
For payment to the Multilateral Investment Guarantee Agency
by the Secretary of the Treasury, $5,000,000, for the United
States paid-in share of the increase in capital stock, to
remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Multilateral Investment
Guarantee Agency may subscribe without fiscal year limitation
for the callable capital portion of the United States share of
such capital stock in an amount not to exceed $25,000,000.
contribution to the inter-american investment corporation
For payment to the Inter-American Investment Corporation,
by the Secretary of the Treasury, $18,000,000, for the United
States share of the increase in subscriptions to capital stock,
to remain available until expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $98,017,050, to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the
Secretary of the Treasury, $5,100,000, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $79,991,500.
contribution to the african development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $100,000,000, to remain available until
expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $35,778,717, for
the United States share of the paid-in portion of the increase
in capital stock, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$123,237,803.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $20,000,000, to remain available
until expended.
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $208,500,000: Provided, That none of
the funds appropriated under this heading may be made available
to the Korean Peninsula Energy Development Organization (KEDO)
or the International Atomic Energy Agency (IAEA): Provided
further, That not less than $6,000,000 should be made available
to the World Food Program.
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. None of the funds made available by this Act may
be obligated under an appropriation account to which they were
not appropriated, except for transfers specifically provided
for in this Act, unless the President, prior to the exercise of
any authority contained in the Foreign Assistance Act of 1961
to transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations of the House
of Representatives and the Senate.
deobligation/reobligation authority
Sec. 510. Obligated balances of funds appropriated to carry
out section 23 of the Arms Export Control Act as of the end of
the fiscal year immediately preceding the current fiscal year
are, if deobligated, hereby continued available during the
current fiscal year for the same purpose under any authority
applicable to such appropriations under this Act: Provided,
That the authority of this subsection may not be used in fiscal
year 2002.
availability of funds
Sec. 511. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration
of the current fiscal year unless expressly so provided in this
Act: Provided, That funds appropriated for the purposes of
chapters 1, 8, 11, and 12 of part I, section 667, chapter 4 of
part II of the Foreign Assistance Act of 1961, as amended,
section 23 of the Arms Export Control Act, and funds provided
under the heading ``Assistance for Eastern Europe and the
Baltic States'', shall remain available for an additional four
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961 which are
allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform
objectives, shall remain available until expended.
limitation on assistance to countries in default
Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to any country which is
in default during a period in excess of one calendar year in
payment to the United States of principal or interest on any
loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultations with theCommittees 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. For the purposes of providing the executive
branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Child Survival
and Health Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Andean Counterdrug Initiative'', ``Assistance
for Eastern Europe and the Baltic States'', ``Assistance for
the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Peacekeeping Operations'', ``Operating
Expenses of the United States Agency for International
Development'', ``Operating Expenses of the United States Agency
for International Development Office of Inspector General'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Peace
Corps'', and ``Migration and Refugee Assistance'', shall be
available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the
Appropriations Committees for obligation under any of these
specific headings unless the Appropriations Committees of both
Houses of Congress are previously notified 15 days in advance:
Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this section
shall not apply to any reprogramming for an activity, program,
or project under chapter 1 of part I of the Foreign Assistance
Act of 1961 of less than 10 percent of the amount previously
justified to the Congress for obligation for such activity,
program, or project for the current fiscal year: Provided
further, That the requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial
riskto human health or welfare: Provided further, That in case of any
such waiver, notification to the Congress, or the appropriate
congressional committees, shall be provided as early as practicable,
but in no event later than 3 days after taking the action to which such
notification requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
limitation on availability of funds for international organizations and
programs
Sec. 516. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under this
Act or any previously enacted Act making appropriations for
foreign operations, export financing, and related programs,
which are returned or not made available for organizations and
programs because of the implementation of section 307(a) of the
Foreign Assistance Act of 1961, shall remain available for
obligation until September 30, 2003.
independent states of the former soviet union
Sec. 517. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union--
(1) unless that government is making progress in
implementing comprehensive economic reforms based on
market principles, private ownership, respect for
commercial contracts, and equitable treatment of
foreign private investment; and
(2) if that government applies or transfers United
States assistance to any entity for the purpose of
expropriating or seizing ownership or control of
assets, investments, or ventures.
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 forthe performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for any biomedical research which
relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended for
any country or organization if the President certifies that the use of
these funds by any such country or organization would violate any of
the above provisions related to abortions and involuntary
sterilizations.
export financing transfer authorities
Sec. 519. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2002, for programs under title I of this Act may be
transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
special notification requirements
Sec. 520. None of the funds appropriated by this Act shall
be obligated or expended for Colombia, Haiti, Liberia, Serbia,
Sudan, Zimbabwe, Pakistan, or the Democratic Republic of the
Congo except as provided through the regular notification
procedures of the Committees on Appropriations.
definition of program, project, and activity
Sec. 521. For the purpose of this Act, ``program, project,
and activity'' shall be defined at the appropriations Act
account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic Support
Fund and Foreign Military Financing Program, ``program,
project, and activity'' shall also be considered to include
country, regional, and central program level funding within
each such account; for the development assistance accounts of
the United States Agency for International Development
``program, project, and activity'' shall also be considered to
include central program level funding, either as: (1) justified
to the Congress; or (2) allocated by the executive branch in
accordance with a report, to be provided to the Committees on
Appropriations within 30 days of the enactment of this Act, as
required by section 653(a) of the Foreign Assistance Act of
1961.
child survival and health activities
Sec. 522. Up to $15,500,000 of the funds made available by
this Act for assistance under the heading ``Child Survival and
Health Programs Fund'', may be used to reimburse United States
Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or assigned
to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of
carrying out activities under that heading: Provided, That up
to $3,000,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may be
used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out
other development assistance activities: Provided further, That
funds appropriated by this Act that are made available for
child survival activities or disease programs including
activities relating to research on, and the prevention,
treatment and control of, HIV/AIDS may be made available
notwithstanding any other provision of law: Provided further,
That funds appropriated under title II of this Act may be made
available pursuant to section 301 of the Foreign Assistance Act
of 1961 if a primary purpose of the assistance is for child
survival and related programs: Provided further, That of the
funds appropriated under title II of this Act, $446,500,000
shall be made available for family planning/reproductive
health.
prohibition against indirect funding to certain countries
Sec. 523. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance
indirectly any assistance or reparations to Cuba, Iraq, Libya,
Iran, Syria, North Korea, or Sudan, unless the President of the
United States certifies that the withholding of these funds is
contrary to the national interest of the United States.
notification on excess defense equipment
Sec. 524. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall notify
the Committees on Appropriations to the same extent and under
the same conditions as are other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense
articles aresignificant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in terms
of original acquisition cost) at $7,000,000 or more, or if notification
is required elsewhere in this Act for the use of appropriated funds for
specific countries that would receive such excess defense articles:
Provided further, That such Committees shall also be informed of the
original acquisition cost of such defense articles.
authorization requirement
Sec. 525. Funds appropriated by this Act, except funds
appropriated under the headings ``Peace Corps'' and ``Trade and
Development Agency'', may be obligated and expended
notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956.
democracy programs
Sec. 526. (a) Funds appropriated by this Act that are
provided to the National Endowment for Democracy may be made
available notwithstanding any other provision of law or
regulation: Provided, That notwithstanding any other provision
of law, of the funds appropriated by this Act to carry out
provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961, not less than $10,000,000 shall be made available
for assistance for activities to support democracy, human
rights, and the rule of law in the People's Republic of China,
of which not less than $5,000,000 should be made available for
the Human Rights and Democracy Fund of the Bureau of Democracy,
Human Rights and Labor, Department of State, for such
activities, and of which not to exceed $3,000,000 may be made
available to nongovernmental organizations located outside the
People's Republic of China to support activities which preserve
cultural traditions and promote sustainable development and
environmental conservation in Tibetan communities in Tibet:
Provided further, That funds made available pursuant to the
authority of this section for programs, projects, and
activities in the People's Republic of China shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(b) In addition to the funds made available in subsection
(a), of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $10,000,000 should be
made available for programs and activities to foster democracy,
human rights, press freedoms, women's development, and the rule
of law in countries with a significant Muslim population, and
where such programs and activities would be important to United
States efforts to respond to, deter, or prevent acts of
international terrorism: Provided, That funds made available
pursuant to the authority of this subsection should support new
initiatives or bolster ongoing programs and activities in those
countries: Provided further, That not less than $6,000,000 of
such funds should be made available for the Human Rights and
Democracy Fund of the Bureau of Democracy, Human Rights and
Labor, Department of State, and not less than $4,000,000 of
such funds should be made available to a private, non-profit
organization authorized by Congress to strengthen democratic
institutions worldwide through nongovernmental efforts:
Provided further, That funds made available pursuant to the
authority of this subsection shall be subject to the regular
notification procedures of the Committees on Appropriations.
prohibition on bilateral assistance to terrorist countries
Sec. 527. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under any
such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(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 economic assistance
activities under the Foreign Assistance Act of 1961, including
endowments, debt-for-development and debt-for-nature exchanges,
a nongovernmental organization which is a grantee or contractor
of the United States Agency for International Development may
place in interest bearing accounts funds made available under
this Act or prior Acts or local currencies which accrue to that
organization as a result of economic assistance provided under
title II of this Act and any interest earned on such investment
shall be used for the purpose for which the assistance was
provided to that organization.
separate accounts
Sec. 529. (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--
(a) any financial incentive to a business
enterprise currently located in the United States for
the purpose of inducing such an enterprise to relocate
outside the United States if such incentive or
inducement is likely to reduce the number of employees
of such business enterprise in the United States
because United States production is being replaced by
such enterprise outside the United States; or
(b) assistance for any project or activity that
contributes to the violation of internationally
recognized workers rights, as defined in section
502(a)(4) of the Trade Act of 1974, of workers in the
recipient country, including any designated zone or
area in that country: Provided, That in recognition
that the application of this subsection should be
commensurate with the level of development of the
recipient country and sector, the provisions of this
subsection shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
special authorities
Sec. 534. (a) Afghanistan, Lebanon, Montenegro, Victims of
War, Displaced Children, and Displaced Burmese.--Funds
appropriated in titles I and II of this Act that are made
available for Afghanistan, Lebanon, Montenegro, and for victims
of war, displaced children, and displaced Burmese, may be made
available notwithstanding any other provision of law: Provided,
That any such funds that are made available for Cambodia shall
be subject to the provisions of section 531(e) of the Foreign
Assistance Act of 1961 and section 906 of the International
Security and Development Cooperation Act of 1985.
(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to
sections 116, 502B, and 620A of the Foreign Assistance Act of
1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961, and
title II of the Agricultural Trade Development and Assistance
Act of 1954, may be used by the United States Agency for
International Development to employ up to 25 personal services
contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities
and managed by the agency until permanent direct hire personnel
are hired and trained: Provided, That not more than 10 of such
contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out the Foreign
Assistance Act of 1961 may be made available for personal
services contractors assigned only to the Office of Health and
Nutrition; the Office of Procurement; the Bureau for Africa;
the Bureau for Latin America and the Caribbean; and the Bureau
for Asia and the Near East: Provided further, That such funds
appropriated to carry out title II of the Agricultural Trade
Development and Assistance Act of 1954, may be made available
only for personal services contractors assigned to the Office
of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of
section 1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives and the President pro tempore of the Senate
that it is important to the national security interests of the
United States.
(2) Period of Application of Waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(e) During fiscal year 2002, the President may use up to
$45,000,000 under the authority of section 451 of the Foreign
Assistance Act, notwithstanding the funding ceiling in section
451(a).
(f) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development may
provide an exception to the fair opportunity process for
placing task orders under suchcontracts when the order is
placed with any category of small or small disadvantaged business.
policy on terminating the arab league boycott of israel and normalizing
relations with israel
Sec. 535. It is the sense of the Congress that--
(1) the Arab League countries should immediately
and publicly renounce the primary boycott of Israel and
the secondary and tertiary boycott of American firms
that have commercial ties with Israel and should
normalize their relations with Israel;
(2) the decision by the Arab League in 1997 to
reinstate the boycott against Israel was deeply
troubling and disappointing;
(3) the fact that only three Arab countries
maintain full diplomatic relations with Israel is also
of deep concern;
(4) the Arab League should immediately rescind its
decision on the boycott and its members should develop
normal relations with their neighbor Israel; and
(5) the President should--
(A) take more concrete steps to encourage
vigorously Arab League countries to renounce
publicly the primary boycotts of Israel and the
secondary and tertiary boycotts of American
firms that have commercial relations with
Israel and to normalize their relations with
Israel;
(B) take into consideration the
participation of any recipient country in the
primary boycott of Israel and the secondary and
tertiary boycotts of American firms that have
commercial relations with Israel when
determining whether to sell weapons to said
country;
(C) report to Congress annually on the
specific steps being taken by the United States
and the progress achieved to bring about a
public renunciation of the Arab primary boycott
of Israel and the secondary and tertiary
boycotts of American firms that have commercial
relations with Israel and to expand the process
of normalizing ties between Arab League
countries and Israel; and
(D) encourage the allies and trading
partners of the United States to enact laws
prohibiting businesses from complying with the
boycott and penalizing businesses that do
comply.
administration of justice activities
Sec. 536. Of the funds appropriated or otherwise made
available by this Act for ``Economic Support Fund'', assistance
may be provided to strengthen the administration of justice in
countries in Latin America and the Caribbean and in other
regions consistent with the provisions of section 534(b) of the
Foreign Assistance 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 2002, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
earmarks
Sec. 538. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with the
earmark is made impossible by operation of any provision of
this or any other Act: Provided, That any such reprogramming
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds appropriated
by this Act and administered by the United States Agency for
International Development that are earmarked for particular
programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator of
such agency determines and reports promptly to the Committees
on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it
unlikely that such earmarked funds can be obligated during the
original period of availability: Provided, That such earmarked
funds that are continued available for an additional fiscal
year shall be obligated only for the purpose of such earmark.
ceilings and earmarks
Sec. 539. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such Act
specifically so directs. Earmarks or minimum funding
requirements contained in any other Act shall not be applicable
to funds appropriated by this Act.
prohibition on publicity or propaganda
Sec. 540. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $750,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
purchase of american-made equipment and products
Sec. 541. To the maximum extent practicable, assistance
provided under this Act should make full use of American
resources, including commodities, products, and services.
prohibition of payments to united nations members
Sec. 542. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961, the
costs for participation of another country's delegation at
international conferences held under the auspices of
multilateral or international organizations.
nongovernmental organizations--documentation
Sec. 543. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 544. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
6(j) of the Export Administration Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional
committees a report with respect to the furnishing of such
assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the
estimated dollar amount of such assistance, and an explanation
of how the assistance furthers United States national
interests.
withholding of assistance for parking fines owed by foreign countries
Sec. 545. (a) In General.--Of the funds appropriated under
this Act that are made available for a foreign country under
part I of the Foreign Assistance Actof 1961, an amount
equivalent to 110 percent of the total unpaid fully adjudicated parking
fines and penalties owed to the District of Columbia and New York City,
New York by such country as of the date of the enactment of this Act
that were incurred after the first day of the fiscal year preceding the
current fiscal year shall be withheld from obligation for such country
until the Secretary of State certifies and reports in writing to the
appropriate congressional committees that such fines and penalties are
fully paid to the governments of the District of Columbia and New York
City, New York.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on
Foreign Relations and the Committee on Appropriations of the
Senate and the Committee on International Relations and the
Committee on Appropriations of the House of Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 546. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the Middle
East Peace Facilitation Act of 1995 (title VI of Public Law
104-107) or any other legislation to suspend or make
inapplicable section 307 of the Foreign Assistance Act of 1961
and that suspension is still in effect: Provided, That if the
President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank and
Gaza.
war crimes tribunals drawdown
Sec. 547. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961, as amended, of up to
$30,000,000 of commodities and services for the United Nations
War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or
authorize to deal with such violations, without regard to the
ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section
shall be in lieu of any determinations otherwise required under
section 552(c): Provided further, That funds made available for
tribunals other than Yugoslavia or Rwanda shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
landmines
Sec. 548. Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and used
in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe: Provided, That
section 1365(c) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 22 U.S.C., 2778 note) is
amended by striking ``During the 11-year period beginning on
October 23, 1992'' and inserting ``During the 16-year period
beginning on October 23, 1992''.
restrictions concerning the palestinian authority
Sec. 549. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new
office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza
and Jericho or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles:
Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate
General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of
the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should continue
to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects
with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have
incidental discussions.
prohibition of payment of certain expenses
Sec. 550. None of the funds appropriated or otherwise made
available by this Act under the heading ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Child Survival and Health Programs Fund'',
``Development Assistance'', and ``Economic Support Fund'' may
be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
entrance fees at sporting events and amusement parks.
special debt relief for the poorest
Sec. 551. (a) Authority To Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of the
United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of
the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the
Arms Export Control Act; or
(3) any obligation or portion of such obligation,
to pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f ) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of
the Agricultural Trade Act of 1978, as amended (Public
Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt
relief and referendum agreements, commonly referred to
as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy
debt burdens that are eligible to borrow from the
International Development Association, but not from the
International Bank for Reconstruction and Development,
commonly referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security
forces) does not engage in a consistent pattern of
gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for purposes of any provision of law limiting assistance to a
country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
authority to engage in debt buybacks or sales
Sec. 552. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law, the
President may, in accordance with this section, sell to
any eligible purchaser any concessional loan or portion
thereof made before January 1, 1995, pursuant to the
Foreign Assistance Act of 1961, to the government of
any eligible country as defined in section 702(6) of
that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the
difference between the price paid for such debt
and the face value of such debt, to support
activities that link conservation and
sustainable use of natural resources with local
community development, and child survival and
other child development, in a manner consistent
with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction,
or cancellation would not contravene any term
or condition of any prior agreement relating to
such loan.
(2) Terms and conditions.--Notwithstanding any
other provision of law, the President shall, in
accordance with this section, establish the terms
and conditions under which loans may be sold, reduced, or
canceled pursuant to this section.
(3) Administration.--The Facility, as defined in
section 702(8) of the Foreign Assistance Act of 1961,
shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign
Assistance Act of 1961 of purchasers that the President
has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such
agency shall make an adjustment in its accounts to
reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection
shall be available only to the extent that
appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the President
should consult with the country concerning the amount of loans
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
restrictions on voluntary contributions to united nations agencies
Sec. 553. (a) Prohibition on Voluntary Contributions for
the United Nations.--None of the funds appropriated by this Act
may be made available to pay any voluntary contribution of the
United States to the United Nations (including the United
Nations Development Program) if the United Nations implements
or imposes any taxation on any United States persons.
(b) Certification Required for Disbursement of Funds.--None
of the funds appropriated by this Act may be made available to
pay any voluntary contribution of the United States to the
United Nations (including the United Nations Development
Program) unless the President certifies to the Congress 15 days
in advance of such payment that the United Nations is not
engaged in any effort to implement or impose any taxation on
United States persons in order to raise revenue for the United
Nations or any of its specialized agencies.
(c) Definitions.--As used in this section the term ``United
States person'' refers to--
(1) a natural person who is a citizen or national
of the United States; or
(2) a corporation, partnership, or other legal
entity organized under the United States or any State,
territory, possession, or district of the United
States.
haiti coast guard
Sec. 554. The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard:
Provided, That the authority provided by this section shall be
subject to the regular notification procedures of the
Committees on Appropriations.
limitation on assistance to the palestinian authority
Sec. 555. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the
Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives and the President pro
tempore of the Senate that waiving such prohibition is
important to the national security interests of the United
States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
limitation on assistance to security forces
Sec. 556. 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. 557. None of the funds appropriated under this Act may
be made available for the Government of the Russian Federation,
after 180 days from the date of the enactment of this Act,
unless the President determines and certifies in writing to the
Committees on Appropriations and the Committee on Foreign
Relations of the Senate that the Government of the Russian
Federation has implemented no statute, executive order,
regulation or similar government action that would
discriminate, or would have as its principal effect
discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms
to which the Russian Federation is a party.
assistance for the middle east
Sec. 558. Of the funds appropriated in titles II and III of
this Act under the headings ``Economic Support Fund'',
``Foreign Military Financing Program'', ``International
Military Education and Training'', ``Peacekeeping Operations'',
for refugees resettling in Israel under the heading ``Migration
and Refugee Assistance'', and for assistance for Israel to
carry out provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 under the heading ``Nonproliferation,
Anti-Terrorism, Demining and Related Programs'', not more than
a total of $5,141,150,000 may be made available for Israel,
Egypt, Jordan, Lebanon, the West Bank and Gaza, the Israel-
Lebanon Monitoring Group, the Multinational Force and
Observers, the Middle East Regional Democracy Fund, Middle East
Regional Cooperation, and Middle East Multilateral Working
Groups: Provided, That any funds that were appropriated under
such headings in prior fiscal years and that were at the time
of the enactment of this Act obligated or allocated for other
recipients may not during fiscal year 2002 be made available
for activities that, if funded under this Act, would be
required to count against this ceiling: Provided further, That
funds may be made available notwithstanding the requirements of
this section if the President determines and certifies to the
Committees on Appropriations that it is important to the
national security interest of the United States to do so and
any such additional funds shall only be provided through the
regular notification procedures of the Committees on
Appropriations.
energy conservation and clean energy programs
Sec. 559. (a) Funding.--Of the funds appropriated by this
Act, not less than $155,000,000 should be made available to
support policies and actions in developing countries and
countries in transition that promote energy conservation and
efficient energy production and use; that measure, monitor, and
reduce greenhouse gas emissions; increase carbon sequestration
activities; and enhance climate change mitigation programs.
(b) Greenhouse Gas Emissions Report.--Not later than 30
days after the date on which the President's fiscal year 2003
budget request is submitted to Congress, the President shall
submit a report to the Committees on Appropriations describing
in detail the following--
(1) all Federal agency obligations and
expenditures, domestic and international, for climate
change programs and activities in fiscal year 2002,
including an accounting of expenditures by agency with
each agency identifying climate change activities and
associated costs by line item as presented in the
President's Budget Appendix; and
(2) all fiscal year 2001 obligations and estimated
expenditures, fiscal year 2002 estimated expenditures
and estimated obligations, and fiscal year 2003
requested funds by the United States Agency for
International Development, by country and central
program, for each of the following: (1) to promote the
transfer and deployment of United States clean energy
technologies; (2) to assist in the measurement,
monitoring, reporting, verification, and reduction of
greenhouse gas emissions; (3) to promote carbon capture
and sequestration measures; (4) to help meet such
countries' responsibilities under the Framework
Convention on Climate Change; and (5) to develop
assessments of the vulnerability to impacts of climate
change and response strategies.
zimbabwe
Sec. 560. The Secretary of the Treasury shall instruct the
United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans, to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule of
law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
central america relief and reconstruction
Sec. 561. Funds made available to the Comptroller General
pursuant to title I, chapter 4 of Public Law 106-31, to monitor
the provision of assistance to address the effects of
hurricanes in Central America and the Caribbean and the
earthquake in Colombia, shall also be available to the
Comptroller General to monitor earthquake relief and
reconstruction efforts in El Salvador.
enterprise fund restrictions
Sec. 562. Prior to the distribution of any assets resulting
from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance with
the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
cambodia
Sec. 563. (a) The Secretary of the Treasury should instruct
the United States executive directors of the international
financial institutions to use the voice and vote of the United
States to oppose loans to the Central Government of Cambodia,
except loans to meet basic human needs.
(b)(1) None of the funds appropriated by this Act may be
made available for assistance for the Central Government of
Cambodia unless the Secretary of State determines and reports
to the Committees on Appropriations that the Central Government
of Cambodia--
(A) is making significant progress in resolving
outstanding human rights cases, including the 1994
grenade attack against the Buddhist Liberal Democratic
Party, and the 1997 grenade attack against the Khmer
Nation Party;
(B) has held local elections that are deemed free
and fair by international and local election monitors;
and
(C) is making significant progress in the
protection, management, and conservation of the
environment and natural resources, including in the
promulgation and enforcement of laws and policies to
protect forest resources.
(2) In the event the Secretary of State makes the
determination under paragraph (1), assistance may be made
available to the Central Government of Cambodia only through
the regular notification procedures of the Committees on
Appropriations.
(c) Notwithstanding subsection (b) of this section or any
other provision of law, funds appropriated by this Act may be
made available for assistance for basic education and for
assistance to the Government of Cambodia's Ministry of Women
and Veteran's Affairs to combat human trafficking, subject to
the regular notification procedures of the Committees on
Appropriations.
(d) None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to any tribunal established by the Government of
Cambodia pursuant to a memorandum of understanding with the
United Nations unless the President determines and certifies to
Congress that the tribunal is capable of delivering justice for
crimes against humanity and genocide in an impartial and
credible manner.
foreign military training report
Sec. 564. (a) The Secretary of Defense and the Secretary of
State shall jointly provide to the Congress by March 1, 2002, a
report on all military training provided to foreign military
personnel (excluding sales, and excluding training provided to
the military personnel of countries belonging to the North
Atlantic Treaty Organization) under programs administered by
the Department of Defense and the Department of State during
fiscal years 2001 and 2002, including those proposed for fiscal
year 2002. This report shall include, for each such military
training activity, the foreign policy justification and purpose
for the training activity, the cost of the training activity,
the number of foreign students trained and their units of
operation, and the location of the training. In addition, this
report shall also include, with respect to United States
personnel, the operational benefits to United States forces
derived from each such training activity and the United States
military units involved in each such training activity. This
report may include a classified annex if deemed necessary and
appropriate.
(b) For purposes of this section a report to Congress shall
be deemed to mean a report to the Appropriations and Foreign
Relations Committees of the Senate and the Appropriations and
International Relations Committees of the House of
Representatives.
korean peninsula energy development organization
Sec. 565. (a) Of the funds made available under the heading
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', not to exceed $95,000,000 may be made available for
the Korean Peninsula Energy Development Organization (hereafter
referred to in this section as ``KEDO''), notwithstanding any
other provision of law, only for the administrative expenses
and heavy fuel oil costs associated with the Agreed Framework.
(b) Such funds may be made available for KEDO only if, 15
days prior to such obligation of funds, the President certifies
and so reports to Congress that--
(1) the parties to the Agreed Framework have taken
and continue to take demonstrable steps to implement
the Joint Declaration on Denuclearization of the Korean
Peninsula;
(2) North Korea is complying with all provisions of
the Agreed Framework; and
(3) the United States is continuing to make
significant progress on eliminating the North Korean
ballistic missile threat, including further missile
tests and its ballistic missile exports.
(c) The President may waive the certification requirements
of subsection (b) if the President determines that it is vital
to the national security interests of the United States and
provides written policy justifications to the appropriate
congressional committees. No funds may be obligated for KEDO
until 15 days after submission to Congress of such waiver.
(d) The Secretary of State shall, at the time of the annual
presentation for appropriations, submit a report providing a
full and detailed accounting of the fiscal year 2003 request
for the United States contribution to KEDO, the expected
operating budget of KEDO, proposed annual costs associated with
heavy fuel oil purchases, including unpaid debt, and the amount
of funds pledged by other donor nations and organizations to
support KEDO activities on a per country basis, and other
related activities.
(e) The final proviso under the heading ``International
Organizations and Programs'' in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996
(Public Law 104-107) is repealed.
plo compliance report
Sec. 566. (a) Reporting Requirement.--The President should,
at the time specified in subsection (b), submit a report to the
Congress assessing the steps that the Palestine Liberation
Organization (PLO), or the Palestinian Authority, as
appropriate, has taken to comply with its 1993 commitments to
renounce the use of terrorism and all other acts of violence
and to assume responsibility over all PLO or Palestinian
Authority elements and personnel in order to assure their
compliance, prevent violations, and discipline violators,
including the arrest and prosecution of individuals involved in
acts of terror and violence. The President should determine,
based on such assessment, whether the PLO or the Palestinian
Authority, as appropriate, has substantially complied with such
commitments. If the President determines based on the
assessment that such compliance has not occurred, then the
President should, for a period of time of not less than six
months, impose one or more of the following sanctions:
(1) Withdraw or terminate any waiver by the
President of the requirements of section 1003 of the
Foreign Relations Authorization Act of 1988 and 1989
(22 U.S.C. 5202) (prohibiting the establishment or
maintenance of a Palestinian information office in the
United States), such section to apply so as to prohibit
the operation of a PLO or Palestinian Authority office
in the United States from carrying out any function
other than those functions carried out by the
Palestinian information office in existence prior to
the Oslo Accords.
(2) Designate the PLO, or one or more of its
constituent groups (including Fatah and Tanzim) or
groups operating as arms of the Palestinian Authority
(including Force 17) as a foreign terrorist
organization, in accordance with section 219(a) of the
Immigration and Nationality Act.
(3) Terminate United States assistance (except
humanitarian and development assistance) for the West
Bank and Gaza Program.
(b) Submission of Report.--The report required under
subsection (a) should be transmitted not later than 60 days
after the date of enactment of this Act and shall cover the
period commencing June 13, 2001.
(c) Update of Report.--The President should update the
report submitted pursuant to subsection (a) as part of the next
report required under the PLO Commitments Compliance Act of
1989 (title VIII of Public Law 101-246).
(d) Waiver Authority.--The President may waive any or all
of the sanctions imposed under subsection (a) if the President
determines and reports to the appropriate committees of the
Congress that such a waiver is in the national security
interests of the United States.
colombia
Sec. 567. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated
by this Act or prior Acts making appropriations for foreign
operations, export financing, and related programs, may be made
available for assistance for the Colombian Armed Forces as
follows:
(1) not more than sixty percent of such funds may
be obligated after a determination by the Secretary of
State and a certification to the appropriate
congressional committees that:
(A) the Commander General of the Colombian
Armed Forces is suspending from the Armed
Forces those members, of whatever rank, who
have been credibly alleged to have committed
gross violations of human rights, including
extra-judicial killings, or to have aided or
abetted paramilitary groups;
(B) the Colombian Armed Forces are
cooperating with civilian prosecutors and
judicial authorities (including providing
requested information, such as the identity of
persons suspended from the Armed Forces and the
nature and cause of the suspension, and access
to witnesses and relevant military documents
and other information), in prosecuting and
punishing in civilian courts those members of
the Colombian Armed Forces, of whatever rank,
who have been credibly alleged to have
committed gross violations of human rights,
including extra-judicial killings, or to have
aided or abetted paramilitary groups;
(C) the Colombian Armed Forces are taking
effective measures to sever links (including by
denying access to military intelligence,
vehicles, and other equipment or supplies, and
ceasing other forms of active or tacit
cooperation), at the command, battalion, and
brigade levels, with paramilitary groups, and
to execute outstanding orders for capture for
members of such groups; and
(2) the balance of such funds may be obligated
after June 1, 2002, if the Secretary of State
determines and certifies to the appropriate
congressional committees that the Colombian Armed
Forces are continuing to meet the criteria contained in
paragraphs (1)(A), (B) and (C).
(b) Consultative Process.--At least ten days prior to
making the determination and certification required by this
section, and every 120 days thereafter during fiscal year 2002,
the Secretary of State shall consult with internationally
recognized human rights organizations regarding progress in
meeting the conditions contained in subsection (a).
(c) Report.--One hundred and twenty days after the
enactment of this Act, and every 120 days thereafter during
fiscal year 2002, the Secretary of State shall submit a report
to the Committees on Appropriations describing actions taken by
the Colombian Armed Forces to meet the requirements set forth
in subsections (a)(1)(A) through (a)(1)(C); and
(d) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or
abetted'' means to provide any support to paramilitary
groups, including taking actions which allow,
facilitate, or otherwise foster the activities of such
groups.
(2) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal
security cooperatives.
illegal armed groups
Sec. 568. (a) Denial of Visas to Supporters of Colombian
Illegal Armed Groups.--Subject to subsection (b), the Secretary
of State shall not issue a visa to any alien who the Secretary
determines, based on credible evidence--
(1) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), or the United Self-
Defense Forces of Colombia (AUC), including taking
actions or failing to take actions which allow,
facilitate, or otherwise foster the activities of such
groups; or
(2) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross
violations of human rights, including extra-judicial
killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the
Secretary of State determines and certifies to the appropriate
congressional committees, on a case-by-case basis, that the
issuance of a visa to the alien is necessary to support the
peace process in Colombia or for urgent humanitarian reasons.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 569. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
iraq
Sec. 570. Notwithstanding any other provision of law, funds
appropriated under the heading ``Economic Support Fund'' may be
made available for programs benefitting the Iraqi people and to
support efforts to bring about a political transition in Iraq:
Provided, That not more than 15 percent of the funds (except
for costs related to broadcasting activities) may be used for
administrative and representational expenses, including
expenditures for salaries, office rent and equipment: Provided
further, That not later than 60 days after the date of
enactment of this Act, the Secretary of State shall consult
with the Committees on Appropriations regarding plans for the
expenditure of funds under this section: Provided further, That
funds made available under this heading are made available
subject to the regular notification procedures of the
Committees on Appropriations.
west bank and gaza program
Sec. 571. For fiscal year 2002, 30 days prior to the
initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the
appropriate committees of Congress that procedures have been
established to assure the Comptroller General of the United
States will have access to appropriate United States financial
information in order to review the uses of United States
assistance for the Program funded under the heading ``Economic
Support Fund'' for the West Bank and Gaza.
indonesia
Sec. 572. (a) Funds appropriated by this Act under the
headings ``International Military Education and Training'' and
``Foreign Military Financing Program'' may be made available
for assistance for Indonesian military personnel only if the
President determines and submits a report to the appropriate
congressional committees that the Government of Indonesia and
the Indonesian Armed Forces are--
(1) taking effective measures to bring to justice
members of the armed forces and militia groups against
whom there is credible evidence of human rights
violations in East Timor and Indonesia;
(2) taking effective measures to bring to justice
members of the armed forces against whom there
is credible evidence of aiding or abetting illegal
militia groups in East Timor and Indonesia;
(3) allowing displaced persons and refugees to
return home to East Timor, including providing safe
passage for refugees returning from West Timor and
demonstrating a commitment to preventing incursions
into East Timor by members of militia groups in West
Timor;
(4) demonstrating a commitment to accountability by
cooperating with investigations and prosecutions of
members of the armed forces and militia groups
responsible for human rights violations in East Timor
and Indonesia;
(5) demonstrating a commitment to civilian control
of the armed forces by reporting to civilian
authorities audits of receipts and expenditures of the
armed forces;
(6) allowing United Nations and other international
humanitarian organizations and representatives of
recognized human rights organizations access to West
Timor, Aceh, West Papua, and Maluka; and
(7) releasing political detainees.
briefings on potential purchases of defense articles or defense
services by taiwan
Sec. 573. (a) Briefings.--Not later than 90 days after the
date of enactment of this Act, and not later than every 120
days thereafter during fiscal year 2002, the Department of
State, in consultation with the Department of Defense, shall
provide detailed briefings to the appropriate congressional
committees (including the Committees on Appropriations) on any
discussions conducted between any executive branch agency and
the government of Taiwan during the preceding 120 days (or, in
the case of the initial briefing, since the date of enactment
of this Act) on any potential purchase of defense articles or
defense services by the government of Taiwan.
(b) Executive Agency Defined.--In this section, the term
``executive branch agency'' has the meaning given the term
``agency'' in section 551(1) of title 5, United States Code.
restrictions on assistance to governments destabilizing sierra leone
Sec. 574. (a) None of the funds appropriated by this Act
may be made available for assistance for the government of any
country for which the Secretary of State determines there is
credible evidence that such government has knowingly
facilitated the safe passage of weapons or other equipment, or
has provided lethal or non-lethal military support or
equipment, directly or through intermediaries, within the
previous six months to the Sierra Leone Revolutionary United
Front (RUF), Liberian Security Forces, or any other group
intent on destabilizing the democratically elected government
of the Republic of Sierra Leone.
(b) None of the funds appropriated by this Act may be made
available for assistance for the government of any country for
which the Secretary of State determines there is credible
evidence that such government has aided or abetted, within the
previous six months, in the illicit distribution,
transportation, or sale of diamonds mined in Sierra Leone.
(c) Whenever the prohibition on assistance required under
subsection (a) or (b) is exercised, the Secretary of State
shall notify the Committees on Appropriations in a timely
manner.
voluntary separation incentives
Sec. 575. Section 579(c)(2)(D) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2000, as enacted by section 1000(a)(2) of the Consolidated
Appropriations Act, 2000 (Public Law 106-113), as amended, is
amended by striking ``December 31, 2001'' and inserting in lieu
thereof ``December 31, 2002''.
united nations population fund
Sec. 576. (a) Limitations on Amount of Contribution.--Of
the amounts made available under ``International Organizations
and Programs'', not more than $34,000,000 for fiscal year 2002
shall be made available for the United Nations Population Fund
(hereafter in this section referred to as the ``UNFPA'').
(b) Prohibition on Use of Funds in China.--None of the
funds made available under ``International Organizations and
Programs'' may be made available for the UNFPA for a country
program in the People's Republic of China.
(c) Conditions on Availability of Funds.--Amounts made
available under ``International Organizations and Programs''
for fiscal year 2002 for the UNFPA may not be made available to
UNFPA unless--
(1) the UNFPA maintains amounts made available to
the UNFPA under this section in an account separate
from other accounts of the UNFPA;
(2) the UNFPA does not commingle amounts made
available to the UNFPA under this section with other
sums; and
(3) the UNFPA does not fund abortions.
american churchwomen and other citizens in el salvador and guatemala
Sec. 577. (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.
procurement and financial management reform
Sec. 578. (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.
basic education assistance for indonesia and pakistan
Sec. 579. (a) Of the funds made available under the heading
``Development Assistance'' for basic education, $8,000,000
shall be made available to Indonesia and Pakistan.
(b) Of the funds made available under the heading
``Economic Support Fund'' for Pakistan, not less than
$2,500,000 shall be transferred to ``Operating Expenses of the
United States Agency for International Development'' for the
purpose of monitoring and implementing United States economic
support, including that provided under the provisions of Public
Law 107-38 and this general provision, of basic education,
health, and democracy and governance activities in Pakistan.
(c) Not more than 60 days after the enactment of this Act,
the Administrator of the United States Agency for International
Development shall report to the House Committees on
Appropriations and International Relations and the Senate
Committees on Appropriations and Foreign Relations on the
Agency's proposed allocation of basic education funding for
Indonesia and Pakistan, including in-country monitoring of
budget support for basic education provided under Public Law
107-38.
commercial leasing of defense articles
Sec. 580. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
war criminals
Sec. 581. (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any new
project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities 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. 582. 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.
heavily indebted poor countries trust fund authorization
Sec. 583. Section 801(b)(1) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2001
(Public Law 106-429) is amended by striking ``$435,000,000''
and inserting ``$600,000,000''.
funding for serbia
Sec. 584. (a) Funds appropriated by this Act may be made
available for assistance for Serbia after March 31, 2002, if
the President has made the determination and certification
contained in subsection (c).
(b) After March 31, 2002, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of the Federal Republic of
Yugoslavia subject to the conditions in subsection (c):
Provided, That section 576 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as
amended, shall not apply to the provision of loans and
assistance to the Federal Republic of Yugoslavia through
international financial institutions.
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of the Federal Republic of Yugoslavia is--
(1) cooperating with the International Criminal
Tribunal for the former Yugoslavia including access for
investigators, the provision of documents, and the
surrender and transfer of indictees or assistance in
their apprehension;
(2) taking steps that are consistent with the
Dayton Accords to end Serbian financial, political,
security and other support which has served to maintain
separate Republika Srpska institutions; and
(3) taking steps to implement policies which
reflect a respect for minority rights and the rule of
law, including the release of political prisoners from
Serbian jails and prisons.
(d) Subsections (b) and (c) shall not apply to Montenegro,
Kosovo, humanitarian assistance or assistance to promote
democracy in municipalities.
el salvador reconstruction and central america disaster relief
Sec. 585. (a) During fiscal year 2002, not less than
$100,000,000 shall be made available for rehabilitation and
reconstruction assistance for El Salvador: Provided, That such
funds shall be derived as follows: (1) from funds appropriated
by this Act, not less than $65,000,000, of which not less than
$25,000,000 shall be from funds appropriated under the heading
``Economic Support Fund'', $25,000,000 should be from funds
appropriated under the heading ``International Disaster
Assistance'', and not less than $15,000,000 shall be from funds
appropriated under the headings ``Child Survival and Health
Programs Fund'' and ``Development Assistance''; and (2) from
funds appropriated under such headings in Acts making
appropriations for foreign operations, export financing, and
related programs for fiscal year 1999 and prior years, not to
exceed $35,000,000: Provided further, That none of the funds
made available under this section may be obligated for
nonproject assistance: Provided further, That prior to any
obligation of funds made available under this section, the
Administrator of the United States Agency for International
Development (USAID) shall provide the Committees on
Appropriations with a detailed report containing the amount of
the proposed obligation and a description of the programs and
projects, on a sector-by-sector basis, to be funded with such
amount: Provided further, That of the funds made available
under this section, up to $2,500,000 may be used for
administrative expenses, including auditing costs, of USAID.
(b) During fiscal year 2002, not less than $35,000,000 of
the funds managed by the United States Agency for International
Development should be made available for mitigation of the
drought and rural food shortages elsewhere in Central America.
reports on conditions in hong kong
Sec. 586. (a) Section 301 of the United States-Hong Kong
Policy Act (22 U.S.C. 5731) is amended by striking ``and March
31, 2000,'' and inserting: ``March 31, 2000, March 31, 2001,
March 31, 2002, March 31, 2003, March 31, 2004, March 31, 2005,
and March 31, 2006''.
(b) The requirement in section 301 of the United States-
Hong Kong Policy Act, as amended by subsection (a), that a
report under that section shall be transmitted not later than
March 31, 2001, shall be considered satisfied by the
transmittal of such report by August 7, 2001.
community-based police assistance
Sec. 587. (a) Authority.--Of the funds made available to
carry out the provisions of chapter 1 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961, up to
$1,500,000 may be used, notwithstanding section 660 of that
Act, to enhance the effectiveness and accountability of
civilian police authority in Jamaica through training and
technical assistance in internationally recognized human
rights, the rule of law, strategic planning, and through the
promotion of civilian police roles that support democratic
governance including programs to prevent conflict and foster
improved police relations with the communities they serve.
(b) Report.--Twelve months after the initial obligation of
funds for Jamaica for activities authorized under subsection
(a), the Administrator of the United States Agency for
International Development shall submit a report to the
appropriate congressional committees describing the progress
the program is making toward improving police relations with
the communities they serve and institutionalizing an effective
community-based police program.
(c) Notification.--Assistance provided under subsection (a)
shall be subject to the regular notification procedures of the
Committees on Appropriations.
authorizations
Sec. 588. The Secretary of the Treasury may, to fulfill
commitments of the United States, contribute on behalf of the
United States to the fifth replenishment of the resources of
the International Fund for Agricultural Development. The
following amount is authorized to be appropriated without
fiscal year limitation for payment by the Secretary of the
Treasury: $30,000,000 for the International Fund for
Agricultural Development: Provided, That notwithstanding the
dates specified in section 7 of the Export-Import Bank Act of
1945 (12 U.S.C. 635f) and section 1(c) of Public Law 103-428,
the Export-Import Bank of the United States shall continue to
exercise its functions in connection with and in furtherance of
its objects and purposes through March 31, 2002.
excess defense articles for central and southern european countries and
certain other countries
Sec. 589. Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during each of the
fiscal years 2002 and 2003, funds available to the Department
of Defense may be expended for crating, packing, handling, and
transportation of excess defense articles transferred under the
authority of section 516 of such Act to Albania, Bulgaria,
Croatia, Estonia, Former Yugoslavia Republic of Macedonia,
Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan: Provided,
That section 105 of Public Law 104-164 is amended by striking
``2000 and 2001'' and inserting ``2002 and 2003''.
overseas private investment corporation and export-import bank
restrictions
Sec. 590. (a) Limitation on Use of Funds by OPIC.--None of
the funds made available in this Act may be used by the
Overseas Private Investment Corporation to insure, reinsure,
guarantee, or finance any investment in connection with a
project involving the mining, polishing or other processing, or
sale of diamonds in a country that fails to meet the
requirements of subsection (c).
(b) Limitation on Use of Funds by the Export-Import Bank.--
None of the funds made available in this Act may be used by the
Export-Import Bank of the United States to guarantee, insure,
extend credit, or participate in an extension of credit in
connection with the export of any goods to a country for use in
an enterprise involving the mining, polishing or other
processing, or sale of diamonds in a country that fails to meet
the requirements of subsection (c).
(c) Requirements.--The requirements referred to in
subsection (a) and (b) are that the country concerned is
implementing a system of controls, or taking other appropriate
measures, that the Secretary of State determines to contribute
effectively to preventing and eliminating the trade in conflict
diamonds.
modification to the annual drug certification procedures
Sec. 591. During fiscal year 2002 funds in this Act that
would otherwise be withheld from obligation or expenditure
under section 490 of the Foreign Assistance Act of 1961 may be
obligated or expended provided that:
(1) Report.--Not later than 45 days after enactment
the President has submitted to the appropriate
congressional committees a report identifying each
country determined by the President to be a major drug-
transit country or major illicit drug producing
country.
(2) Designation and justification.--In each report
under paragraph (1), the President shall also--
(A) designate each country, if any,
identified in such report that has failed
demonstrably, during the previous 12 months, to
make substantial efforts--
(i) to adhere to its obligations
under international counternarcotics
agreements; and
(ii) to take the counternarcotics
measures set forth in section 489(a)(1)
of the Foreign Assistance Act of 1961;
and
(B) include a justification for each
country so designated.
(3) Limitation on assistance for designated
countries.--In the case of a country identified in a
report for fiscal year 2002 under paragraph (1) that is
also designated under paragraph (2) in the report,
United States assistance may be provided under this Act
to such country in fiscal year 2002 only if the
President determines and reports to the appropriate
congressional committees that--
(A) provision of such assistance to the
country in such fiscal year is vital to the
national interests of the United States; or
(B) commencing at any time 45 days after
enactment, the country has made substantial
efforts--
(i) to adhere to its obligations
under international counternarcotics
agreements; and
(ii) to take the counternarcotics
measures set forth in section 489(a)(1)
of the Foreign Assistance Act of 1961.
(4) International counternarcotics agreement
defined.--In this section, the term ``international
counternarcotics agreement'' means--
(A) the United Nations Convention Against
Illicit Traffic in Narcotic Drugs and
Psychotropic Substances; or
(B) any bilateral or multilateral agreement
in force between the United States and another
country or countries that addresses issues
relating to the control of illicit drugs, such
as--
(i) the production, distribution,
and interdiction of illicit drugs,
(ii) demand reduction,
(iii) the activities of criminal
organizations,
(iv) international legal
cooperation among courts, prosecutors,
and law enforcement agencies (including
the exchange of information and
evidence),
(v) the extradition of nationals
and individuals involved in drug-
related criminal activity,
(vi) the temporary transfer for
prosecution of nationals and
individuals involved in drug-related
criminal activity,
(vii) border security,
(viii) money laundering,
(ix) illicit firearms trafficking,
(x) corruption,
(xi) control of precursor
chemicals,
(xii) asset forfeiture, and
(xiii) related training and
technical assistance;
and includes, where appropriate, timetables and
objective and measurable standards to assess
the progress made by participating countries
with respect to such issues.
(5) Application.--Section 490 (a)-(g) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291j) shall
not apply during fiscal year 2002 with respect to any
country identified in paragraph (1) of this section.
(6) Statutory construction.--Nothing in this
section supersedes or modifies the requirement in
section 489(a) of the Foreign Assistance Act of 1961
(with respect to the International Control Strategy
Report) for the transmittal of a report not later than
March 1, 2002 under that section.
kenneth m. ludden
Sec. 592. This Act may be cited as the Kenneth M. Ludden
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 2002.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002''.
And the Senate agree to the same.
Jim Kolbe,
Sonny Callahan,
Joe Knollenberg,
Jack Kingston,
Jerry Lewis,
Roger F. Wicker,
Henry Bonilla,
John E. Sununu,
Bill Young,
Nita Lowey,
Nancy Pelosi,
Jesse L. Jackson, Jr.,
Carolyn C. Kilpatrick,
Steven R. Rothman,
Dave Obey,
Managers on the Part of the House.
Patrick J. Leahy,
Daniel K. Inouye,
Tom Harkin,
Tim Johnson,
Jack Reed,
Robert C. Byrd,
Mitch McConnell,
Judd Gregg,
Richard C. Shelby,
Robert F. Bennett,
Ben Nighthorse Campbell,
Christopher Bond,
Ted Stevens,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 2506) ``making
appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30,
2002'', submit the following joint statement to the House and
Senate in explanation of the effect of the action agreed upon
by the managers and recommended in the accompanying conference
report:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
Subsidy Appropriation
The conference agreement appropriates $727,323,000 for
the subsidy appropriation of the Export-Import Bank as proposed
by the Senate, instead of $738,323,000 as proposed by the
House. The managers have been informed that the level of
subsidy provided will support a projected level of
authorizations of $10,600,000,000 in 2002, approximately
$1,400,000,000 higher than the level of authorizations in
fiscal year 2001.
Administrative Expenses
The conference agreement appropriates $63,000,000 for
administrative expenses of the Export-Import Bank instead of
$60,000,000 as proposed by the House and $64,000,000 as
proposed by the Senate.
Overseas Private Investment Corporation
The managers are concerned about an announcement by OPIC
that it intends to begin making bridge loans to non-
governmental organizations (NGOs) and private voluntary
organizations (PVOs). While OPIC has provided financing to
several PVOs since 1999, the managers are concerned that OPIC
has not adequately consulted and informed Congress on these
projects. Therefore, the managers direct the President of OPIC
to consult with the Committees on Appropriations in the House
and the Senate before any future financing for NGOs or PVOs is
approved.
The managers are also concerned that significant changes
to the insurance market in the wake of the September 11, 2001
attacks against the United States may jeopardize coverage of
American investments overseas. The managers note that the
inability to obtain sufficient insurance coverage could have
significant adverse impact on large infrastructure project
support by U.S. corporations, U.S. commercial banks, the
Export-Import Bank, and the Overseas Private Investment
Corporation.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Compliance With Report Language
The managers note that at times in the past, the
Department of State and USAID have failed to respond to
recommendations in the House and Senate Appropriations
Committee reports, choosing instead to recognize only language
in the statement of the managers accompanying the Conference
Report. The managers expect the Department of State and USAID
to follow the recommendations in the House and Senate reports,
unless those recommendations are modified in the statement of
the managers. In the event that the House and Senate
Appropriations Committee reports contain conflicting
recommendations on the same subject, the managers expect the
Department of State and USAID to consult with the House and
Senate Appropriations Committees regarding those
recommendations.
United States Agency for International Development
Child Survival and Health Programs Fund
The conference agreement appropriates $1,433,500,000 for
the Child Survival and Health Programs Fund instead of
$1,425,000,000 as proposed by the House and $1,510,500,000 as
proposed by the Senate. The conference agreement also continues
limitations on the use of the Fund for non-project assistance.
The conference agreement includes language allocating
$1,433,500,000 among six program categories in the Child
Survival and Health Programs Fund: $315,000,000 for child
survival and maternal health, including vaccine-preventable
diseases such as polio; $25,000,000 for vulnerable children;
$435,000,000 for HIV/AIDS; $165,000,000 for other infectious
diseases; $368,500,000 for reproductive health/family planning;
and $120,000,000 for UNICEF. The managers expect that any
change proposed subsequent to the allocation as directed in
bill language will be subject to the requirements of section
515 of the Act. A definition of program categories and their
components can be found on pages 9 through 11 of House Report
107-142 and under the heading ``Family Planning/Reproductive
Health'' on page 12 of Senate Report 107-58.
Within the child survival and maternal health program,
authority is provided to transfer up to $53,000,000 instead of
$60,000,000 as proposed by the House and $50,500,000 as
proposed by the Senate to The Vaccine Fund established for
child immunization by the Global Alliance for Vaccines and
Immunization (GAVI). The managers continue to be supportive of
GAVI and again direct that the Committees be informed in
writing 20 days prior to the obligation of any funds for GAVI
on the proposed use of any U.S. contribution, particularly with
regard to the amount to be donated for procurement of vaccines
for children. Any in-kind contributions through USAID should be
in addition to the $53,000,000 contribution to The Vaccine
Fund.
The managers note that the vulnerable children program is
not intended to be used to assist AIDS orphans, who will be
major beneficiaries of the HIV/AIDS program. Although the
conference agreement does not include bill language regarding
funding for blind children, the managers recommend not less
than $1,300,000 for assistance for blind children. The managers
support efforts to eliminate iodine deficiency disorder, the
leading cause of mental retardation, and expect that at least
$2,500,000 from the Child Survival and Health Programs Fund and
$2,225,000 from the Europe and Eurasia regional accounts be
provided for the Kiwanis International/UNICEF-IDD partnership
program. USAID is also encouraged to increase support for non-
governmental organizations, such as Special Olympics, that work
with older children, including those with cognitive
disabilities and mild mental retardation, to teach life and job
skills. The managers encourage USAID to explore expanding
support for NGO programs for vulnerable children and adults in
Southeast Asian countries where government policies impede the
establishment of a regular USAID mission or limit government-
to-government economic cooperation. The managers also direct
that $27,500,000 be provided to combat polio.
The conference agreement includes $475,000,000 for HIV/
AIDS, of which $435,000,000 is allocated within this account
and not less than $40,000,000 in other accounts and programs.
The conference agreement includes bill language on the
development of microbicides. The managers expect that these
funds will be managed by the director of the HIV/AIDS division
at USAID. In addition, the conference agreement includes up to
$10,000,000 for a United States contribution to the
International AIDS Vaccine Initiative.
The managers note that the Global AIDS and Tuberculosis
Relief Act of 2000 (P.L. 106-264) authorized that 65 percent of
the HIV/AIDS funding be provided through non-governmental
organizations (NGOs). The managers concur that NGOs, including
faith-based organizations, provide invaluable services in the
fight against HIV/AIDS. In anticipation of an increasing
involvement of the public sector, particularly in the areas of
treatment and the provision of interventions toreduce mother-
to-child transmission, the managers agree that assistance provided
through NGOs in cooperation with a foreign government or using
government facilities may be counted against the 65 percent target in
USAID's strategy to implement the Act.
The managers recognize the value of innovative projects
to combat the ever-growing HIV/AIDS pandemic. The managers are
aware of two innovative faith-based alliances and recommend
that USAID provide not less than $2,000,000 to fund proposals
by each NGO. The first is between a United States NGO and the
southern African Anglican Church to provide information and
communications technologies and platforms to strengthen
community efforts to combat HIV/AIDS in southern Africa. The
second is between Hope worldwide and a number of communities in
southern Africa. The NGO seeks to replicate and extend its
well-known Soweto Community Childcare program for orphans and
other children affected by AIDS to other sites in Africa. The
managers encourage USAID to seek out and support similar
innovative programs, especially in Africa, South and Central
Asia, and the Caribbean region.
Within the overall Child Survival and Health Programs
Fund, authority is provided to transfer $50,000,000 to a
proposed global fund to fight AIDS, tuberculosis and malaria.
Of this amount, $10,000,000 would be transferred from the
allocation for other infectious diseases, which include
tuberculosis and malaria. In addition, the President may use up
to $50,000,000 from other accounts in title II of this and
prior Acts for the fund, for a total of $100,000,000 under the
authorities provided in this Act.
The managers note that up to an additional $200,000,000
is available for the proposed global fund from two other
appropriations Acts, a total of $100,000,000 in the Child
Survival and Disease Programs Fund under a provision of Public
Law 107-20, and another $100,000,000 from H.R. 3061, the
Departments of Labor, Health and Human Services, and Education
Appropriations Act, 2002. The managers further note that the
President's request for the fund is $200,000,000.
The managers expect the Secretary of State and the
Secretary of Health and Human Services to report to the
Committees no later than April 30, 2002 on progress toward
establishment of a global fund to combat AIDS, tuberculosis and
malaria. If substantial progress has not been made by August 1,
2002, in establishing a global fund on terms mutually
acceptable to the Secretaries and the Committees, the managers
expect that the funds intended to be contributed to the
proposed global fund will be made available for obligation, as
needed, for ongoing bilateral programs to fight HIV/AIDS,
tuberculosis, and malaria.
The managers urge that expanded resources be made
available to mother-to-child transmission (MTCT) programs. As
effective implementation of MTCT programs will take time,
during which health care workers will be trained, laboratory
and testing facilities established, and community based care
services for HIV positive mothers developed, USAID will not be
able to meet the Global AIDS Act's 8.3 percent MTCT funding
target in fiscal year 2002. The managers expect that USAID will
achieve the MTCT target by the end of fiscal year 2003.
The conference agreement allocates $165,000,000 for other
infectious diseases including $65,000,000 to address the global
health threat from tuberculosis. The managers expect that a
total of at least $75,000,000 will be provided for tuberculosis
from all accounts.
The other infectious diseases program also includes
$65,000,000 for efforts to reduce the incidence of malaria and
$35,000,000 for antimicrobial resistance and infectious
diseases surveillance. Proper antibiotic use and increasing
global resistance have assumed a higher priority since the
recent bioterrorism incidents, and the managers urge USAID to
reserve part of its increase in funding to invest in public/
private partnerships and alliances that promote more prudent
uses of antibiotics in developing countries.
The managers are aware that the HIV/AIDS, tuberculosis
and malaria crises require extraordinary efforts on the part of
the U.S. Government. USAID is encouraged to use, as
appropriate, its existing waiver authorities regarding
financing and procurement of goods and services, and grant
making, in order toexpedite the provision of assistance to
combat infectious diseases and enhance the efficiency of that
assistance.
The conference agreement allocates $368,500,000 for
family planning/reproductive health within the Child Survival
and Health Programs Fund. The Senate amendment proposed that
not less than $395,000,000 be made available from the Child
Survival and Health Programs Fund to carry out section 104(b)
of the Foreign Assistance Act, regarding international
population planning assistance. The House bill allocated
$358,000,000 from this account for bilateral reproductive
health/family planning assistance. The conference agreement
provides overall funding of $446,500,000 for bilateral family
planning/reproductive health from this account, the Economic
Support Fund, and the regional accounts for Eastern Europe and
the former Soviet Union in section 522.
As the managers are concerned about logging, poaching and
other development harmful to the environment in regions where
population pressures threaten biodiversity and endangered
species, such as Indonesia, Central Africa, and parts of Latin
America, the conference agreement includes Senate language that
urges USAID to undertake and implement reproductive health/
family planning programs in these regions.
The managers also direct USAID to continue to provide the
Committees with a detailed annual report not later than
February 28, 2002, on the programs, projects, and activities
undertaken by the Child Survival and Disease Programs Fund
during fiscal year 2001.
Funds appropriated for the Child Survival and Health
Programs Fund are appropriated for programs, projects and
activities. Funds for administrative expenses to manage Fund
activities are provided in a separate account, with two
exceptions included in the conference agreement: authority for
USAID's central and regional bureaus to use up to $125,000 from
program funds for Operating Expense-funded personnel to better
monitor and provide oversight of the Fund; and, in section 522,
authority to use up to $15,500,000 to reimburse other
government agencies and private institutions for professional
services. Any proposed transfer of appropriations from the Fund
for administrative expenses of USAID under any other authority
shall be subject to section 515 of this Act.
None of the funds appropriated under this heading or the
heading ``Child Survival and Disease Programs Fund'' in prior
Acts making appropriations for foreign operations, export
financing, and related programs may be allocated or reserved in
USAID's operating year budget for a Global Development
Alliance. Any proposed obligations for Global Development
Alliance programs, projects or activities shall be subject to
the regular notification procedures of the Committees on
Appropriations.
Development Assistance
The conference agreement appropriates $1,178,000,000 for
``Development Assistance'' instead of $1,098,000,000 as
proposed by the House and $1,245,000,000 as proposed by the
Senate.
The managers have increased funds for Development
Assistance above the amount requested by the President in order
to make additional funds available for urgent basic education,
environment and energy conservation, and economic growth
programs. Within the economic growth, agriculture and trade
sector, environment and clean energy, trade promotion, and rule
of law activities are of special interest.
The managers have agreed to provide $150,000,000 for
basic education under the development assistance account,
instead of $135,000,000 as proposed by the House bill and the
Senate amendment. In addition, $15,000,000 should be derived
from other accounts.
The managers also direct USAID to conduct an immediate
review of basic education programs in countries whose
assistance is primarily provided from the Economic Support Fund
(ESF). Widespread anti-American sentiment in predominately
Muslim countries has exposed a deficiency in basic education
within countries that have received large amounts of U.S.
assistance through ESF-funded programs. The managers urge that
cooperative efforts be initiated with ESF-recipient countries
to develop and implement creative basic education programs that
strengthen the capacity and accessibility of public education
systems. The conferees expect that expenditures from the ESF
account for education will increase as a result of these
efforts.
The managers continue to be concerned about worldwide
trafficking of women and children and urge the Department of
State and USAID to provide $20,000,000 from title II of this
Act, including not less than $1,500,000 under the heading
``Independent States'' and not less than $10,000,000 under the
heading ``International Narcotics Control and Law
Enforcement'', to continue and expand anti-trafficking
programs.
The conference agreement provides that, of the funds for
agriculture and rural development programs, $25,000,000 should
be provided for biotechnology research and development.
The managers strongly support the fertilizer-related
research and development being conducted by the International
Fertilizer Development Center (IFDC) and urge the Administrator
of USAID to make at least $4,000,000 available to IFDC,
including not less than $2,300,000 for its core grant, as
provided under the Senate amendment and the House Report.
The managers expect USAID to increase funding for the
Collaborative Research Support Programs (CRSPs) above the
fiscal year 2001 level. The managers recommend that USAID
should focus on increasing the overall funds available for
CRSPs, and consult with the Committees on directives included
in the House and Senate reports regarding funding for the
CRSPs. The managers note the ongoing bipartisan and bicameral
support for the Peanut CRSP.
The conference agreement does not contain language
proposed in the Senate amendment providing up to $100,000 for
an assessment of the causes of flooding along the Volta River
in Accra, Ghana, and recommendations for solving the problem.
The House did not address this matter. The managers support
this endeavor, and expect $100,000 to be provided for the
assessment.
The managers direct that not less than $500,000 be made
available for the United States Telecommunications Training
Institute, a long-standing and successful program that provides
communications and broadcasting training to professionals
around the world. The Senate amendment includedbill language
mandating that such funds be made available for this purpose. The House
bill did not address this matter.
The conference agreement provides that $18,000,000 should
be made available for the American Schools and Hospitals Abroad
(ASHA) program. The Senate amendment included bill language
mandating that $19,000,000 be made available for this purpose.
The House bill did not address this matter. The managers direct
ASHA to give full consideration to grant proposals from all
qualified institutions. These may include grant proposals for
curriculum, staff support, and related expenses and for
expansion overseas facilities owned and operated by U.S. based,
non-profit educational institutions. No regulation, statute, or
congressional directive precludes ASHA funds from being
utilized for these purposes.
The managers strongly support programs to protect the
environment, including biodiversity and endangered species.
They also support sustainable use of natural resources and
sustainable agriculture and programs that conserve energy and
promote efficient energy production and use in developing
countries. The conference agreement includes language similar
to the Senate bill, which provides that $275,000,000 should be
made available for these activities. Of this amount,
$100,000,000 should be made available for programs to protect
biodiversity.
The conference agreement includes language similar to the
Senate amendment, which provides that $2,000,000 should be made
available from ``Development Assistance'' and the ``Child
Survival and Health Programs Fund'' for activities in Laos.
These funds are to be made available only through
nongovernmental organizations to address basic human needs. The
managers are extremely troubled by the repressive policies of
the Government of Laos. In addition to condemning the wholesale
denial of human rights to the people of Laos, particularly the
Hmong, the managers are concerned about a recent event in which
several European nationals were arrested, detained in inhumane
conditions, and eventually expelled from Laos for demonstrating
for democracy and the release of political prisoners. The House
bill did not address this matter.
As a result of the situation since September 11, 2001,
the managers support and urge USAID to include in its
initiative to prevent conflict $2,500,000 to support
environmental threat assessments and preventive solutions. The
Foundation for Security and Sustainability is prepared to
mobilize its interdisciplinary experts to address urgent
challenges such as highly infectious diseases and environmental
indicators to provide credible warnings as they pertain to the
security of key regions.
The conferees continue to strongly support dairy
development and urge the USAID to provide $8,000,000 to fund
new projects in fiscal year 2002, the same level provided for
the past two years. The program has helped the U.S. dairy
industry become more competitive through promoting American
technology, equipment, inputs and industry-based technical
assistance in developing and market transition countries.
The managers support the language in House Report 107-142
regarding education and technology in Africa, especially with
regard to the Education of Development and Democracy Initiative
(EDDI) and the AFTECH initiative. As such, the managers
strongly recommend that $17,000,000 be made available for EDDI
in fiscal year 2002, instead of the multiyear funding
recommendation in the House Report. The managers also support
the Republic of Congo's (Brazzaville) efforts to achieve
economic self sufficiency and democratic reform following its
civil war. The conferees strongly encourage USAID to support
the Congo Republic's multi-year effort to boost local
production of agricultural foodstuffs. This project complements
the Agency's ongoing effort to engage the private sector in
developing methods to achieve food security in Africa.
The managers endorse House and Senate report language
supporting assistance for victims of torture and recommend
$10,000,000 for these activities, including treatment centers.
The managers are also aware of the Hacia La Seguridad program
in Quito, Ecuador and the United States-Honduras Program of
Investments Alliance and encourage USAID to consider proposals
for supporting both projects. The managers also endorse the
Senate report language recommending support for the Navsarjan
Trust in India.
The managers recognize the important contributions made
by American volunteers through the Citizens Democracy Corps and
the International Executive Service Corps (IESC), and support
additional funding by USAID over and above existing grants and
cooperative agreements for both PVOs. In particular, the
managers support proposals by the IESC to renew its technical
assistance activities in small and medium-sized enterprises in
Latin America, Africa, and Asia.
The managers expect USAID to comply with the House Report
directives, as modified below, as it develops more fully its
Global Development Alliance concept. Until those
recommendations have been implemented, as determined by the
Committees, any proposed obligations from Development
Assistance appropriations for Global Development Alliance
programs, projects or activities shall be subject to the
regular notification procedures of the Committees on
Appropriations on a case-by-case basis. Overall, any allocation
or reservation of funds for a Global Development Alliance in
USAID's operating year budget shall be limited to $20,000,000
during fiscal year 2002.
Burma
The conference agreement contains language that provides
that of the funds appropriated for the Economic Support Fund,
not less than $6,500,000 shall be made available to support
democracy activities in Burma and for related activities
outside of Burma. These funds are available notwithstanding any
other provision of law, but shall be made available subject to
the regular notification procedures of the Committees on
Appropriations. The conference agreement also amends a similar
provision for the fiscal year 2001 appropriations act to
provide for the use of funds appropriated under ``Child
Survival and Disease Programs Fund'' for activities in Burma.
The conference agreement does not contain Senate language that
conditioned the use of funds on the direct involvement of the
National League for Democracy.
The managers expect that programs and activities
conducted inside Burma will be carried out in consultation with
the leadership of the National League for Democracy (NLD). The
managers do not support the provision of any assistance to the
State Peace and Development Council (SPDC), and encourage a
just and peaceful settlement to the political stalemate.
The managers are deeply concerned with the detention of
Burma's legitimately elected leader Daw Aung San Suu Kyi, and
the imprisonment and torture of Burmese democracy activists.
The managers recognize the humanitarian crises that exist in
Burma today, including an explosive HIV/AIDS infection rate,
and condemn the repressive policies of the SPDC that directly
contribute to human suffering in that country. The managers
denounce the SPDC's efforts to obtain a nuclear reactor and its
recent decision to purchase ten MIG-29 fighter aircraft. These
funds could be better used for basic health care for the
Burmese people.
The managers note that talks have taken place between the
NLD and the SPDC, and a few political prisoners have been
released. However, at the current rate it will take a decade
before all 1,800 political prisoners are set free. The managers
urge the immediate and unconditional release of all prisoners
of conscience in Burma. The SPDC is also urged to allow NLD
offices to reopen throughout Burma and to operate without
restriction.
The managers request that within 90 days of enactment of
the Act, the Administrator of USAID, in consultation with the
Under Secretary of State for Global Affairs, provide a report
to the Committees on Appropriations on the extent of the HIV/
AIDS epidemic in Burma, including recommendations for action
that the United States Government could take to limit the
spread of HIV/AIDS in Burma. The recommendations may not
include direct support to the SPDC.
International Disaster Assistance
The conference agreement appropriates $235,500,000 for
``International Disaster Assistance'', instead of $245,000,000
as proposed by the Senate and $201,000,000 as proposed by the
House bill. The managers have agreed to a 17.5 percent increase
above the request in anticipation that additional resources
will be needed for humanitarian assistance, especially in
Central America and sub-Saharan Africa. The director of the
Office of Foreign Disaster Assistance is to consult with the
Committees not less than every three months, on the current
status of commitments, obligations, and expenditures by the
Office and on any proposals to augment ``International Disaster
Assistance'' by transfers from other accounts.
The conferees urge USAID to at least double its disaster
preparedness programs and activities in South Asia by
initiating offers of technical assistance in this area with the
Governments of India and other regional states. Not less than
$5,000,000 should be committed by the Office of Foreign
Disaster Assistance to develop national and regional emergency
response capabilities to prevent unnecessary loss of life and
property during frequent natural disasters such as cyclones,
earthquakes and floods. This program should be designed to
promote regional cooperation and stability.
Transition Initiatives
The conference agreement appropriates $50,000,000 for
``Transition Initiatives'' to support USAID's Office of
Transition Initiatives (OTI). The House bill proposed
$40,000,000 and the Senate amendment $52,500,000 for this
account. The conference agreement requires that USAID submit a
report to the Appropriations Committees not less than five days
prior to beginning a new program of assistance. The House bill
contained a similar provision.
The managers recognize the importance of identifying and
supporting women leaders in post-conflict societies, and urge
USAID and the Department of State to make women's leadership
training a central part of U.S. transition assistance to the
people of Afghanistan and the surrounding region. The Vital
Voices Leadership Institute is among the groups with the
expertise to move quickly to implement such a program. The
conferees urge USAID and the State Department to quickly
identify opportunities for such initiatives within Afghanistan.
Development Credit Authority
(Including Transfer of Funds)
The conference agreement appropriates up to $18,500,000
by transfer from funds made available under the heading
``Development Assistance'' for the cost of loans and loan
guarantees for USAID's Development Credit Authority, instead of
$25,000,000 as proposed by the Senate and $12,500,000 as
proposed by the House. In addition, the conference agreement
includes urban programs among the potential beneficiaries and
extends the availability of the credit subsidy authority until
September 30, 2007, instead of until expended as proposed by
the Senate.
Operating Expenses of the United States Agency for International
Development
The conference agreement includes language providing that
up to $10,000,000 may be made available until expended for
security-related costs.
Operating Expenses of the United States Agency for International
Development
Office of Inspector General
The conference agreement appropriates $31,500,000 for
Operating Expenses of the United States Agency for
International Development, Office of Inspector General, instead
of $32,000,000 as proposed by the Senate and $30,000,000 as
proposed by the House. The managers encourage the Inspector
General to continue the policy of constructive and ongoing
reviews of USAID's attempts to resolve its serious financial
and human resource management and procurement challenges. The
managers also request the Inspector General to inform the
Committee promptly of any emerging deficiencies.
Other Bilateral Economic Assistance
Economic Support Fund
The conference agreement appropriates $2,199,000,000 for
the Economic Support Fund as proposed by the House instead of
$2,239,500,000 as proposed by the Senate.
The conference agreement includes language that provides
not less than $200,000,000 for the Commodity Import Program in
Egypt. The Senate amendment had proposed not less than
$160,000,000 for this program, while the House bill did not
address this matter.
The conference agreement also includes language that
provides that not less than $150,000,000 should be made
available for assistance for Jordan. The Senate language would
have mandated this level of support. The House bill did not
address this matter.
The conference agreement also includes language that
provides that not less than $25,000,000 shall be made available
for East Timor, including up to $1,000,000 which may be
transferred to and merged with Operating Expenses of the United
States Agency for International Development. The House bill did
not address this matter.
The conference agreement includes Senate language that
provides that not less $15,000,000 shall be available for
assistance for Cyprus. The House bill had similar language, but
it provided that $15,000,000 should be made available rather
than making this level mandatory.
In addition, the conference report provides not less than
$35,000,000 for assistance for Lebanon. The managers are
concerned with the failure of the Government of Lebanon,
despite repeated requests at the highest levels, to enforce the
orders of Lebanese courts requiring the return of abducted
American children in Lebanon. The conference agreement provides
that the Government of Lebanon should enforce the custody and
international pickup orders, issued during calendar year 2001,
of Lebanon's civil courts regarding abducted American children
in Lebanon. The House bill had language that provided this
level of assistance for Lebanon, but did not include Senate
language regarding child custody and international pickup
orders.
The managers are deeply concerned by reports that the
Government of Lebanon will not cooperate with the President's
request, made pursuant to Executive Order 13224, to freeze the
assets of Hezbollah, a group included on the State Department's
list of terrorist organizations. The managers will closely
monitor the Government of Lebanon's future cooperation with
this and other aspects of the campaign against terrorism. The
managers note that any funding provided in this account to the
Central Government of Lebanon is subject to Congressional
notification.
The conference agreement includes language that provides
that $50,000,000 of the funds appropriated under this heading
should be provided for Indonesia. The Senate amendment
contained language that provided that $135,000,000 should be
provided for Indonesia from ``Economic Support Fund'', as well
as from ``Development Assistance'' and ``Child Survival and
Health Programs Fund''. The House bill did not address this
matter.
The conference agreement does not include Senate language
providing that not less than $10,000,000 from various accounts
should be made available for humanitarian, economic
rehabilitation and reconstruction, political reconciliation and
related activities in Aceh, Papua, West Timor and Malukus.
However, the managers direct USAID to urgently pursue
opportunities to provide such assistance to address urgent
needs in these impoverished and politically volatile regions.
Funds made available for these purposes may be made available
to and managed by the Office of Transition Initiatives.
The managers remain concerned with the political
situation in Indonesia, and encourage the Government to
continue to implement needed political, legal, economic, and
military reforms. While the managers appreciate the complex
situation within Indonesia, they find criticism by President
Megawati Sukarnoputri of American-led efforts to counter
international terrorism to be dismaying.
The managers did not include Senate language relating to
funding for the Documentation Center of Cambodia, but recognize
the vital research the Center provides to the people of
Cambodia on atrocities committed by the Khmer Rouge. The
managers expect the Department of State and USAID to provide
sufficient levels of funding to the Center, and endorse the
Senate report language on this matter. The managers request the
Secretary of State to report to the Committees on
Appropriations not later than 60 days after the enactment of
this Act on a multi-year funding strategy for the Documentation
Center of Cambodia.
The conference agreement does not include Senate language
that stated that not less than $12,000,000 should be made
available for Mongolia. However, the managers support this
level of funding for assistance for Mongolia, which is
consistent with the budget request.
The managers direct that $53,000,000 of the funds
appropriated in this account be provided for reproductive
health/family planning, as assumed in the budget request.
The conferees reiterate their support for conflict
prevention analysis in light of the events of September 11th,
and urge the Administration to provide funding for groups
previously cited, such as the International Crisis Group, whose
work identifies and addresses the causes of conflict and the
failed states which breed terrorism. The managers also
reiterate support for important conflict resolution programs as
described in the House and Senate reports, including funding of
up to $1,000,000 for Seeds of Peace and up to $1,000,000 for
the School for International Training's Conflict Transformation
Across Cultures Program (CONTACT).
The managers endorse the House report language regarding
support for the International Arid Lands Consortium. In
addition, the managers express support for the House report
language regarding the Blaustein Institute for Desert Research.
The conference agreement also includes House language
that provides that funds from this account may be used,
notwithstanding any other provision of law and subject to the
regular notification procedures of the Committees on
Appropriations, to provide certain specified assistance to the
National Democratic Alliance of Sudan. The Senate amendment
contained similar language, but included a ceiling of
$10,000,000 on funds for this purpose.
Significant developments in Sudan have opened the door
for historical changes for the suffering people there. A
special humanitarian relief flightsponsored by the United
States and cleared by the Sudan People's Liberation Movement (SPLM) and
the government of Sudan has delivered over eight metric tons of wheat
to the remote Nuba Mountain area that had been cut off from
international assistance. The United States is negotiating expanded
delivery of food aid through air drops to the Nuba Mountains to be
implemented by the World Food Program. In order to set up and maintain
these proposed initiatives, the managers support additional funding for
new programs including expanded access for humanitarian assistance,
education, agriculture, peace building, and reconciliation in war-
affected areas of Sudan and to refugees in neighboring countries.
The conference agreement includes language that provides,
with respect to funds appropriated under the heading ``Economic
Support Fund'' in this Act or prior Acts making appropriations
for foreign operations, export financing, and related programs,
the responsibility for policy decisions and justifications for
the use of such funds, including whether there will be a
program for a country that uses those funds and the amount of
each such program, shall be the responsibility of the Secretary
of State and the Deputy Secretary of State and this
responsibility shall not be delegated. The managers are
concerned that the programs and activities funded through this
account accurately reflect both the priorities of the Secretary
of State and the budget justification material provided to the
Committees on Appropriations, as modified by the conference
agreement. The managers reiterate the importance of
Congressional intent in the programming of funds appropriated
to the Economic Support Fund, and anticipate a cooperative
approach during fiscal year 2002 on funding allocations and
programming decisions. To improve accountability for the
delivery of assistance, the managers urge the Department of
State and the Office of Management and Budget to streamline the
current process of apportioning Economic Support Funds so that
the bureau or agency designated by the Secretary or Deputy
Secretary to obligate and manage the funds is able to do so in
a more efficient and timely manner.
The managers endorse the Senate report language
concerning the jurisdiction of and accelerated U.S. financial
support for the war crimes tribunal for Sierra Leone.
The managers encourage the State Department to support
programs designed to connect the information technology
networks of Central Asian and Central and Eastern European
members of the Partnership for Peace, to help strengthen
integration and cooperation between these nations.
International Fund for Ireland
The conference agreement appropriates $25,000,000 as
proposed by the House. The Senate amendment contained no
provision on this matter.
Assistance for Eastern Europe and the Baltic States
The conference agreement appropriates $621,000,000,
instead of $615,000,000 as proposed by the Senate and
$600,000,000 as proposed by the House. The conference agreement
also provides authority to provide up to $43,000,000 for debt
relief and restructuring for the Federal Republic of Yugoslavia
(FRY), of which not to exceed $21,500,000 would be derived from
funds appropriated in this and prior Acts under this account,
and not to exceed $21,500,000 would be derived from funds
appropriated in this and prior Acts for the Economic Support
Fund. The managers note that a modification of direct loans and
guarantees for the FRY using funds appropriated under this Act
or under prior year foreign operations, export financing or
related programs appropriations Acts shall not be considered
assistance for purposes of any provision of law limiting
assistance to a country.
The conference report also contains Senate language
making a reference in paragraph (e) to paragraph (d); this is a
technical amendment.
The managers recommend that $3,000,000 be provided to the
United Nations Children's Fund (UNICEF) for a program in Bosnia
for the protection of unaccompanied children and children at
risk of being institutionalized. The program would focus on
reforming residential institutions, strengthening social
welfare centers for children, and helping to prevent abuse of,
and violence against, children in Bosnia.
The managers direct that $10,000,000 of the funds
appropriated in this account be provided for reproductive
health/family planning.
The managers recommend that funding should be provided
for the Russian, Eurasian, and East European Research and
Training Program (Title VIII) at a level of at least
$5,000,000. The managers strongly recommend that the existing
administrative mechanism within the Department of State for the
Title VIII program be preserved.
Assistance for the Independent States of the Former Soviet Union
The conference agreement appropriates $784,000,000,
instead of $768,000,000 as proposed by the House and
$795,500,000 as proposed by the Senate.
The conference agreement includes not less than
$49,000,000 only for child survival, environmental and other
health activities, and programs to reduce the incidence of HIV/
AIDS, tuberculosis, and other infectious diseases, including
$15,000,000 for reproductive health/family planning.
The managers strongly support regional cooperation
efforts among the countries of Armenia, Azerbaijan, and
Georgia. To further regional cooperation, the conference
agreement continues the current six exemptions from the
statutory restrictions on assistance to the Government of
Azerbaijan. The managers include a provision that funds
available for the Southern Caucasus may be used for confidence-
building measures and other activities related to the
resolution of regional conflicts, notwithstanding any other
provision of law, as proposed by the Senate.
The conference agreement includes not less than
$90,000,000 for assistance for Armenia under the heading
``Assistance for the Independent States of the Former Soviet
Union'' and $4,000,000 under the heading ``Foreign Military
Financing Program''. In addition, the managers direct that not
less than $300,000 be provided for Armenia under the heading
``International Military Education and Training''. The managers
endorse the provision of $5,000,000 for an education
initiative, proposed by the Senate amendment, to provide
computer equipment, internet access, and related assistance to
primary and secondary schools in Armenia, and support the
provision of assistance under title II of this Act for programs
and activities to counter weapons of mass destruction, improve
regional stability, increase inter-operational capabilities
with the United States, and clear land mines.
The conference agreement includes Senate language that
provides a conditional waiver of section 907 of the FREEDOM
Support Act for the purposes of providing assistance to
Azerbaijan to counter international terrorism. The language
makes clear the intent of Congress that the provision of such
assistance shall not hamper or deter ongoing efforts to
negotiate a peaceful settlement of the Nagorno-Karabagh
conflict, or be used for offensive purposes against any
Armenian community in the Caucasus region. The waiver is
conditional upon cooperation with the United States in the
international fight against terrorism, and the managers intend
to review and reserve the right to amend the waiver language in
the fiscal year 2003 appropriations process. In undertaking its
review, the managers expect to consider the progress of the
investigation by the Government of Azerbaijan into the murder
of John Alvis, a democracy worker with the International
Republican Institute.
The conference agreement provides that $90,000,000 of the
funds in this account should be provided for Georgia. The
managers urge the Coordinator and USAID to allocate $3,000,000
for a small business project to promote private sector
technology start-ups in Georgia and award grantsdirectly to the
ongoing Atlanta-Tbilisi Partnership's Sustained Healthcare Initiative,
instead of through the American International Health Alliance as
discussed in House Report 107-142.
The conference agreement includes language providing that
$154,000,000 should be made available for Ukraine, instead of
an earmark of $180,000,000 as proposed by the Senate and a
ceiling of $125,000,000 as proposed by the House. Of the amount
for Ukraine, not less than $30,000,000 should be provided for
nuclear reactor safety programs. The managers also support the
initiation of simulator projects at the Rivne and the
Khmelnitsky reactors, and the provision of related safety
simulator equipment at other reactors. The managers have also
included a Senate provision requiring the Department of State
to report on the progress in resolving the murders of Ukrainian
journalists. The managers endorse House report language on
child survival and health activities in Ukraine.
The managers have concluded that assistance for Ukraine
can succeed only if the Government of Ukraine is committed to
economic, legal, and democratic reforms. The managers note that
assistance to Ukraine takes on heightened significance as
Ukraine prepares for parliamentary elections in March 2002, the
outcome of which may determine the country's future direction.
The conference agreement includes conditions on
assistance to the Government of the Russian Federation, with
exceptions for specified humanitarian and security programs,
with respect to its adherence in the Northern Caucasus to
certain conventional arms and human rights conventions and
agreements, as proposed by both the House and the Senate. The
managers reiterate language in the Statement of the Managers
from prior years with regard to other limitations on
assistance, ``that assistance to combat infectious diseases, .
. . support for regional and municipal governments, and
partnerships between United States hospitals, universities,
judicial training institutions and environmental organizations
and counterparts in Russia should not be affected by this
section.''
The conference agreement includes language providing not
less than $17,500,000 for the Russian Far East. The Senate
amendment had included not less than $20,000,000 for this
purpose. This matter was not addressed in the House bill.
The conference agreement does not include Senate bill
language providing that not to exceed 8 percent of the funds
provided for any single nuclear safety project may be used to
pay for management costs incurred by a United States agency or
national lab in administering said project. The House did not
address this matter. The managers endorse this cap on
management costs.
The conference agreement again directs the Coordinator of
Assistance to the Independent States to obligate not less than
$1,500,000, primarily through locally-based and indigenous
private voluntary organizations, to reduce trafficking in women
and children. The managers urge the Coordinator to augment
anti-trafficking projects by continuing and strengthening law
enforcement and other activities to reduce all forms of
violence against women.
United States national security interests in Central Asia
intensified as a result of the September 11th attack on the
United States. The managers recognize that countries in the
region are playing a supportive role in the international
coalition allied against terrorism and are on the front line of
U.S. efforts to isolate and destroy the Al Queda network.
The managers believe that the United States should
develop a targeted foreign aid response for Central Asia to
counter the destabilizing effects of the war against terrorism.
As part of this response, the United States should actively
consider micro-lending institutions. Such organizations can
serve as a vehicle for increasing the economic participation
and security of theworking poor and thus constitute a strategy
to limit further marginalization and foster economic stability and
democracy in the region.
While only a fraction of the population of the Central
Asia region has access to financial services, certain countries
have strong or emerging micro-finance sectors. Kyrgyzstan has
positioned itself as the regional leader in micro-enterprise
development. In Pakistan, the government has recently taken
steps to promote the development of a micro-finance industry.
The managers believe that micro-enterprise development is
a potentially powerful tool in striking at the root causes of
instability that arise from the economic disenfranchisement of
peoples in the Central Asia region. The managers request that
USAID provide, in coordination with the National Security
Council, the Department of the Treasury, and the Office of
Management & Budget, an addendum to the micro-enterprise report
to Congress required by March, 2002 under the provisions of
P.L. 106-309.
The managers recommend $2,000,000 to support expansion of
the Primary Healthcare Initiative to become self-sustaining.
The managers remain concerned that the initial budget
request for the U.S. Russia Investment Fund (TUSRIF) is
inadequate. The managers therefore urge that the Fund receive
no less than an additional $50,000,000 in fiscal year 2002. As
with the enterprise fund in Poland the managers expect that
more rapid capitalization of TUSRIF will lead over time to a
similar repatriation of foreign aid funds to the U.S. Treasury.
In return for a more rapid rate of investment the conferees
also expect that TUSRIF will develop more opportunities for
United States companies and investors throughout Russia.
The managers endorse House Report language under the
heading ``Expanded Threat Reduction'' regarding collaborative
research grants for American and Russian scholars.
Independent Agencies
Inter-American Foundation
The conference agreement appropriates $13,106,950 as
proposed by the Senate instead of $12,000,000 as proposed by
the House.
African Development Foundation
The conference agreement appropriates $16,542,000 as
proposed by the Senate instead of $16,042,000 as proposed by
the House.
Department of State
international narcotics control and law enforcement
The conference agreement provides that $10,000,000 should
be made available for anti-trafficking in persons programs, as
proposed by the Senate. The House addressed this matter in a
general provision.
The conference agreement makes available $21,738,000 for
administrative expenses instead of $16,600,000 as proposed by
the House and the Senate.
The managers endorse House report language regarding
$10,000,000 in anti-crime programs for Africa.
Andean Counterdrug Initiative
The conference agreement appropriates $625,000,000,
instead of $675,000,000 as proposed by the House and
$547,000,000 as proposed by the Senate.
Additionally, the conference agreement allows for the
authority to provide up to $35,000,000 through a permissive
transfer from the International Narcotics Control and Law
Enforcement funds. The managers intend that this discretionary
authority shall apply only to funds within the International
Narcotics Control and Law Enforcement account in this Act and
in prior Acts making appropriations for foreign operations,
export financing, and related programs. Such a transfer is
subject to the regular notification procedures of the House and
Senate Committees on Appropriations. In the event of such a
transfer, the managers intend for the funds to support
interdiction, alternative development, or other economic
assistance to the Andean countries. The managers emphasize that
there are other funds for Andean nations in this Act that may
be made available for the Andean Regional Initiative (ARI).
The conference agreement includes no earmarks for
Bolivia, Ecuador, or Venezuela as proposed by the Senate. The
House did not address this matter. The managers strongly
support the provision of $86,000,000 for assistance for
Bolivia, and $33,000,000 for assistance for Ecuador. The
managers note the success these countries have had in combating
narcotics cultivation and trafficking, and expect the
Department of State to ensure that successful programs and
activities continue under the ARI.
The conference agreement does not include Senate bill
language making available $2,000,000 for democracy-building
activities in Venezuela. The managers strongly support efforts
to promote democracy, the rule of law, and civil society in
Venezuela and note with concern that the country remains a
significant transit route for illegal drugs destined for the
United States.
The conference report does not include language proposed
by the Administration that would have exempted funds
appropriated in fiscal year 2002 and subsequent fiscal years
from the limitation imposed in section 3204(a) of the Emergency
Supplemental Act, 2000 (P.L. 106-246). It is the conferees'
understanding that funds appropriated in this Act that are made
available in support of Plan Colombia satisfy the conditions
set forth in section 3204(a) of the Emergency Supplemental Act,
2000 (P.L. 106-246).
The managers are concerned that funds included in P.L.
106-246 for assistance for the Colombian Fiscalia Human Rights
Office, have been allocated without consultation with the
Appropriations Committees for purposes that do not address this
unit's priority needs of security, mobility and communications
equipment for prosecutors, in particular for those prosecutors
based in secondary cities and outlying regions. The managers
direct the Department of State and Department of Justice to
consult with the committees prior to the obligation or
expenditure of funds appropriated in this Act or in P.L. 106-
246 for administration of justice programs in Colombia
regarding the use of such funds.
The Colombian National Police (CNP) anti-drug unit has
the lead law enforcement role in the overall fight against
illicit drugs and a commendable human rights record. The CNP
has already been provided at least 8 Black Hawks and nearly 30
Huey II helicopters by the United States to carry out this
important drug fighting function including providing protection
of the eradication planes. The managers believe it is vital
that the CNP now be provided adequate spare parts and
maintenance monies to keep this equipment flying at the high
rates of operation that has been seen to date. The managers
expect the Department of State to maximize the U.S. investment
in these expensive helicopters and other equipment provided the
CNP by providing adequate parts.
The conference agreement includes language, similar to
the Senate amendment, requiring consultations, a determination
and report by the Secretary of State to ensure that chemicals
used in the aerial fumigation of coca do not pose unreasonable
health or safety risks to humans or the environment, and that
the fumigation is conducted in accordance with regulatory
controls in the U.S. as described in the January 23, 2001 State
Department health and safety report on aerial spraying.
Additionally, the managers have required the Secretary of State
to consult with the Colombian government to ensure that the
spraying is in accordance with Colombian laws.
The managers are concerned with the lack of effective
procedures for evaluating claims of local citizens that their
health was harmed or their licit agricultural crops were
damaged by such fumigation. The managers are informed that, in
order to correct these problems, new procedures for handling
claims have been put in place. The conference agreement
requires the Secretary to determine and report that procedures
are available to evaluate such claims, and the managers direct
the Secretary to report to the Committees on Appropriations not
later than 90 days after enactment on the effectiveness of
these new procedures.
The managers are concerned that coca eradication in some
areas has proceeded before effective alternative development
programs have been in place, and that some farmers in those
areas have already replanted coca. In order to ensure that
farmers whose coca is eradicated have alternative sources of
income, access to markets and social services, the Conference
Agreement includes Senate language requiring that within 6
months of the date of enactment alternative development
programs have been developed in consultation with communities
and local authorities in each department in which aerial
fumigation is planned, and that such programs are being
implemented in each department in which aerial coca fumigation
has been conducted.
The conference agreement includes the Senate provision
requiring the return of any helicopter found to aid or abet
paramilitary groups. The House did not address this matter.
While the managers fully appreciate the linkages between
narco-traffickers and Colombian guerrilla movements and
paramilitary organizations, they remain concerned with the
prospects of involvement by the United States in Colombia's
civil war. The managers strongly express reservations and
objections to any mission creep in Colombia beyond ongoing
counterdrug efforts.
The conference agreement includes a provision prohibiting
funds for the resumption of flights in support of a Peruvian
air interdiction program until a system of enhanced safeguards
are in place. The conference agreement differs from the
conditions on funding for Peru as proposed by the House. The
first condition, the submission of a report by the Secretary of
State, has been provided to the Congress. The second condition
requires that the resumption of flights in Peru must include
enhanced safeguards, and to date the State Department has not
decided to resume flights in Peru. The Senate did not address
this matter.
The conference agreement makes available $14,240,000 for
administrative expenses of the Department of State and
$4,500,000 for the U.S. Agency for International Development.
Migration and Refugee Assistance
The conference agreement appropriates $705,000,000,
instead of $715,000,000 as proposed by the House and
$735,000,000 as proposed by the Senate. The primary reason for
this level of funding is that $100,000,000 in supplemental
funding for Migration and Refugee Assistance has already been
provided to deal with the refugee crisis in Central Asia, which
will help to relieve pressure on the fiscal year 2002budget for
this account. The managers expect that this level of funding will not
be misinterpreted as a lack of support for Migration and Refugee
Assistance by the Administration when submitting future budget
requests. The conference agreement makes available $16,000,000, for
administrative expenses as proposed by the Senate instead of
$15,000,000 as proposed in the House.
Although refugee crises are often temporary, the managers
are aware that in many instances it is necessary to provide
relief services over an extended period of time. The managers
encourage USAID and the State Department to invest in basic
health, education services, and food production industries in
developing countries where there are longer-term refugee
crises.
The conference agreement prohibits funds for headquarters
costs of the International Committee of the Red Cross (ICRC)
until the Secretary of State certifies that the Magen David
Adom Society of Israel is not being denied participation in
ICRC activities, as proposed by the House. The Senate amendment
did not address this matter.
The managers are concerned with the increasing dangers
facing humanitarian relief workers in conflict zones, and
endorse Senate report language directing the Secretary of State
to submit a report by April 1, 2002, on efforts to improve the
safety of relief workers.
The conference agreement also includes Senate language
that provides not less than $60,000,000 for refugees from the
former Soviet Union and Eastern Europe and other refugees
resettling in Israel. The House bill did not address this
matter.
Nonproliferation, Anti-terrorism, Demining and Related Programs
The conference agreement appropriates $313,500,000
instead of $311,000,000 as proposed by the House and
$318,500,000 as proposed by the Senate.
The managers intend that funds in this account be
allocated as follows:
[In thousands of dollars]
Nonproliferation and Disarmament Fund......................... $14,000
Export control assistance..................................... 17,000
International Atomic Energy Agency............................ 50,000
CTBT Preparatory Commission................................... 20,000
Korean Peninsula Economic Development Organization (KEDO)..... 90,500
Anti-terrorism assistance..................................... 38,000
Terrorist Interdiction Program................................ 4,000
Demining...................................................... 40,000
Small arms destruction........................................ 3,000
Science Centers............................................... 37,000
Total................................................... 313,500
The conference agreement includes language that requires
that the Secretary of State inform the Committees on
Appropriations at least 15 days prior to the obligation of
funds for the Comprehensive Nuclear Test Ban Treaty (CTBT)
Preparatory Commission. The House bill would have required a 20
day informational period, while the Senate amendment would have
required a 10 day informational period.
The conference agreement includes Senate language
authorizing not to exceed $500,000 for administrative expenses
associated with the demining program. The House bill did not
address this matter. The conference agreement does not contain
Senate language stating that $40,000,000 should be used for
demining, clearance of unexploded ordnanceand related
activities; however, the managers support the budget request of
$40,000,000 for these purposes.
The conference agreement does not contain Senate language
providing that $3,500,000 should be available to support the
Small Arms Destruction Initiative. The managers strongly
support a level of $3,000,000 for this program and endorse the
Senate report language on this matter.
Department of the Treasury
International Affairs Technical Assistance
The conference agreement provides $6,500,000 for the
International Affairs Technical Assistance program of the
Department of the Treasury, instead of $6,000,000 as proposed
by the House, the Senate, and the President's request. The
managers direct that the additional $500,000 be used to assist
HIPC countries in Africa and will be in addition to the
$3,000,000 already dedicated to existing Treasury International
Affairs Technical Assistance programs and activities in Africa.
debt restructuring
The conference agreement appropriates $229,000,000 for
debt restructuring instead of $224,000,000 as proposed by the
House and $235,000,000 as proposed by the Senate. The managers
make available $5,000,000 in fiscal year 2002 funds and up to
$20,000,000 from unobligated balances for implementation of the
Tropical Forest Conservation Act. The remainder of the amount
provided for debt restructuring may be used at the
Administration's discretion, subject to certain reporting and
notification requirements, either for bilateral debt
restructuring or for United States contributions to the Heavily
Indebted Poor Country (HIPC) Trust Fund administered by the
World Bank.
TITLE III--MILITARY ASSISTANCE
International Military Education and Training
The conference agreement appropriates $70,000,000,
instead of $65,000,000 as proposed by the House and $75,000,000
as proposed by the Senate. The conference agreement also
contains language providing that up to $3,000,000 may be
available until expended, instead of $1,000,000 as proposed by
the House and $5,000,000 as proposed by the Senate.
The conference agreement does not include Senate language
that would have required notification for assistance for
Zimbabwe, the Democratic Republic of Congo, Cote D'Ivoire and
The Gambia. The managers note that assistance for Zimbabwe and
the Democratic Republic of Congo is subject to the notification
provisions of section 520 of this Act. Prior to any decision to
obligate funds for Cote D'Ivoire, the managers expect that the
Departments of State and Defense will consult with the
Committees on Appropriations.
The conference agreement provides that funding for
Algeria shall be subject to the regular notification procedures
of the Committees on Appropriations as proposed by the Senate.
The House bill did not address this matter.
The conference agreement does not contain language that
would have provided not less than $600,000 for Armenia.
However, the managers support funding for a program for Armenia
at a level of not less than $300,000.
The managers urge that a program for Colombia to define
structures and processes for responding to armed conflict and
maintaining civilian control of the military be considered at
the Naval Postgraduate School.
Foreign Military Financing Program
The conference agreement appropriates $3,650,000,000
instead of $3,627,000,000 as proposed by the House and
$3,674,000,000 as proposed by the Senate.
The conference agreement includes Senate language that
provides not less than $75,000,000 for assistance for Jordan.
The House bill did not address this matter.
The conference agreement includes language that provides
that not less than $3,500,000 in grant assistance should be
made available for Tunisia, as well as language mandating not
less than $5,000,000 in drawdowns of defense articles,
services, and education and training for Tunisia. The Senate
amendment directed the allocation of $5,000,000 and $5,000,000,
respectively, for these activities. The House bill did not
address this matter.
The conference agreement contains language that provides
not less than $2,300,000 for assistance for Thailand, of which
not less than $1,000,000 shall be derived from funds
appropriated under the heading ``International Narcotics
Control and Law Enforcement'' in addition to funds otherwise
available for such purposes. The Senate amendment proposed
similar language, but did not address a transfer from
``International Narcotics Control and Law Enforcement''. The
House bill did not address this matter. The managers are agreed
that this grant assistance shall be made available for one-time
costs associated with border security.
The conference agreement contains Senate language that
provides not less than $4,000,000 for assistance for Armenia.
The House bill did not address this matter.
The conference agreement also contains Senate language
that amends the ninth proviso under this heading in Public Law
106-429 to allow for a mandated drawdown of defense articles,
services, and education and training for Georgia for 2001 or
2002. The House bill did not contain a provision on this
matter.
Peacekeeping Operations
The conference agreement appropriates $135,000,000 as
proposed by the House instead of $140,000,000 as proposed by
the Senate.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
International Financial Institutions
Global Environment Facility
The conference agreement appropriates $100,500,000 for
the Global Environment Facility instead of $82,500,000 as
proposed by the House and $109,500,000 as proposed by the
Senate.
Contribution to the International Development Association
The conference agreement appropriates $792,400,000
instead of $803,400,000 as proposed by the House and
$775,000,000 as proposed by the Senate. The managers have
included modified language as proposed by the Senate, regarding
instructions to the U.S. executive director to the
International Bank for Reconstruction and Development (IBRD) to
vote against water or sewage projects in India that do not
prohibit the use of scavenger labor. The House did not address
this matter. Manual scavenging is a particular occupation in
India only for Dalits or ``untouchables'' that entails waste
collection and disposal through primitive and squalid means.
Over 500,000 Dalits in India are employed as manual scavengers,
and Dalits who seek to avoid this demeaning and unhealthy labor
are often denied other jobs. India is one of the largest
borrowers from the World Bank with over $11 billion in IBRD
loans in 2001, some of which fund government sanitation
programs. Given that the Indian government has banned manual
scavenging, once these laws are implemented there would be
other employment opportunities for Dalits. The managers urge
the IBRD to work with the Indian government to improve the
economic and social status of Dalits.
Contribution to the Multilateral Investment Guarantee Agency
The conference agreement appropriates $5,000,000 for
paid-in capital for the Multilateral Investment Guarantee
Agency. Approval for a subscription to the appropriate amount
of callable capital is also included in the conference
agreement. The House and Senate included authority for callable
capital only.
Contribution to the Inter-American Investment Corporation
The conference agreement appropriates $18,000,000 for a
United States contribution to the Inter-American Investment
Corporation, instead of $10,000,000 as proposed by the House
and $20,000,000 as proposed by the Senate.
Contribution to the Asian Development Fund
The conference agreement appropriates $98,017,050 for the
Asian Development Fund, instead of $93,017,050 as proposed by
the House and $103,017,050 as proposed by the Senate.
International Organizations and Programs
The conference agreement provides $208,500,000 instead of
$196,000,000 as proposed by the House and $218,000,000 as
proposed by Senate.
The conference agreement provides that $6,000,000 should
be made available for the World Food Program, as proposed by
the Senate. The House did not include this language.
The managers support $5,000,000 from this account for a
United States contribution to the United Nations Voluntary Fund
for Victims of Torture Program, as recommended in the House and
Senate Reports, and $97,100,000 for the United Nations
Development Program, as recommended in the House and Senate
Reports.
The conferees urge that $60,000 be provided to cover the
expenses relating to the development of a Guide to Best
Practice by the Permanent Bureau of the Hague Convention on
Private International Law to cover theapplication of the Hague
Convention on Civil Aspects of International Child Abduction.
The managers intend that funds in this account be
allocated as follows:
[In thousands of dollars]
UN Fund for Tech. Cooperation in Human Rights................. $1,500
UN Voluntary Fund for Victims of Torture...................... 5,000
OAS Fund for Strengthening Democracy.......................... 2,500
World Food Program............................................ 6,000
UNDP.......................................................... 97,100
UNIFEM........................................................ 1,000
OAS Development Assistance.................................... 5,500
WTO........................................................... 1,000
ICAO Aviation Programs........................................ 300
UNEP.......................................................... 10,750
Montreal Protocol............................................. 25,000
International Conservation Programs (CITES/ITTO/IUCN/Ramsar/
CCD)...................................................... 7,700
IPCC/UNFCCC................................................... 7,400
International Contributions for Scientific Educational &
Cultural Activities....................................... 1,750
World Meteorological Organization............................. 2,000
UNFPA......................................................... 34,000
--------------------------------------------------------------
____________________________________________________
Total................................................... 208,500
TITLE V--GENERAL PROVISIONS
(Note: If House and Senate language is identical except
for a different section number or minor technical differences,
the section is not discussed in the Statement of Managers.)
Sec. 505. Limitation on Representational Allowances
The conference agreement sets a limitation of $125,000 on
representation allowances from funds appropriated under
``Foreign Military Financing Program,'' instead of $150,000 as
proposed by the House and $100,000 as proposed by the Senate.
Sec. 507. Prohibition Against Direct Funding for Certain Countries
The conference agreement does not include Senate language
that adds a prohibition of direct assistance to the government
of any nation that the President determines is harboring, has
financed, or is financing terrorists involved in the attacks of
September 11, 2001. The House did not include such a provision.
The managers note that the President has the authority to
undertake this action and are confident he will exercise this
authority should the need arise.
Sec. 508. Military Coups
The conference agreement includes revised language that
specifies that funds shall be prohibited for the government of
any country whose duly elected head of government is deposed by
decree or military coup, but it does not include broader
conditions for the resumption of assistance, as proposed by the
House. The House bill and the Senate amendment did not include
the words ``government of''. Prior year language has been
further modified to permit the provision of assistance to
promote democratic elections or public participation in
democratic processes.
Sec. 515. Notification Requirements
The conference agreement reflects a technical change
proposed by the Senate to include ``Andean Counterdrug
Initiative'' in the list of accounts that are subject to
notification pursuant to this section. The House did not
address this matter. The conference agreement does not include
Senate language, not in the House bill, that imposed
notification requirements on drawdowns pursuant to section
506(a)(2) of the Foreign Assistance Act. The managers note that
section 506(b)(1) of such Act already requires notifications
for drawdowns made for the purposes and under the authorities
of several provisions of law, including chapter 8 of part I of
the Foreign Assistance Act relating to international narcotics
control assistance.
Section 518. Prohibition on Funding for Abortions and Involuntary
Sterilization
The conference agreement does not include prior year
language prohibiting the use of funds to lobby for or against
abortion, as proposed by the House bill. The conference
agreement moves the ban on use of funds for lobbying to
language under the heading ``Child Survival and Health Programs
Fund'', as proposed by the Senate amendment.
Sec. 520. Special Notification Requirements
The conference agreement adds ``Serbia'' as proposed in
the Senate amendment to the list of countries subject to the
special notification procedures of this section, but does not
include ``Burma'', ``Ethiopia'' and ``Eritrea'' as recommended
by the Senate.
Sec. 522. Child Survival and Health Activities
The conference agreement authorizes USAID to use up to
$15,500,000 from the ``Child Survival and Health Programs
Fund'' and up to $3,000,000 from ``Development Assistance'' for
technical experts from other government agencies, universities,
and other institutions. The managers have increased this
authority in order to accelerate implementation and oversight
of USAID's expanded infectious disease and basic education
activities. The managers direct USAID to provide the Committees
with a detailed multi-year workforce planning strategy not
later than March 15, 2002, that includes target dates and
anticipated costs or savings to replace or reclassify the
majority of the additional temporary personnel authorized by
this section and by section 534(c) with direct hire USAID
Operating Expenses-funded personnel.
A new subsection provides that $446,500,000 shall be made
available for reproductive health/family planning activities
from funds appropriated by this Act, including $368,500,000
from the Child Survival and Health Programs Fund, $53,000,000
from the Economic Support Fund, $15,000,000 from Assistance to
the Independent States of the Former Soviet Union, and
$10,000,000 from Assistance to Eastern Europe and the Baltic
States. The managers have provided these funds in recognition
of the continuing unmet need for basic reproductive health/
family planning services in developing countries, where 95
percent ofnew births will occur. The managers have designated
funds for the two regions of Eastern Europe and the former Soviet Union
where the high frequency of abortion adversely affects women's
reproductive health.
Section 523. Prohibition Against Indirect Funding to Certain Countries
The conference agreement does not include Senate language
that adds a prohibition of indirect assistance to the
government of any nation that the President determines is
harboring, has financed, or is financing, terrorists involved
in the attacks of September 11, 2001. The House did not include
such a provision. The managers note that the President has the
authority to undertake this action and are confident he will
exercise this authority should the need arise.
Sec. 525. Authorization Requirement
The conference agreement includes language that provides
that funds appropriated by this Act 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, as provided in the House bill and the Senate amendment.
It includes Senate language exempting the accounts
``International Military Education and Training'' and ``Foreign
Military Financing Program'' from these waivers.
Sec. 526. Democracy Programs
The conference agreement contains language in subsection
(a) that authorizes funding for certain democracy programs. It
includes language similar to the Senate amendment that provides
that not less than $10,000,000 shall be made available for
activities to support democracy, human rights, and the rule of
law in the People's Republic of China. Of these funds, the
managers support the programming of not less than $5,000,000
through the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights and Labor, Department of State. In
addition, subsection (a) authorizes funding of not to exceed
$3,000,000 for nongovernmental organizations located outside
the People's Republic of China to support activities that
preserve cultural traditions and promote sustainable
development and environmental conservation in Tibetan
communities in Tibet, as authorized in the House bill. The
House bill did not address democracy activities in China. The
managers are aware of the valuable assistance the Bridge Fund
has provided to promote Tibetan-owned and operated businesses
and educational, cultural, and natural resource conservation
projects and urge that substantial funds be made available to
the Bridge Fund and its subgrantees.
The conference agreement does not include Senate language
that would have authorized funding of activities of the United
States-Asia Environmental Partnership within China. The House
bill did not address this matter.
The managers intend that within the amount identified
above, funds be made available to continue support for
democracy programs for Tibet and China as described in the
House report.
The conference agreement also includes language in
subsection (b) that recommends that not less than $10,000,000
from funds appropriated to the Economic Support Fund should be
made available for programs and activities to foster democracy,
human rights, press freedoms, women's development, and the rule
of law in countries with a significant Muslim population, and
where such programs and activities would be important to United
States efforts to respond to, deter, or prevent acts of
international terrorism. The language further specifies that
such funds should support new initiatives or bolster ongoing
programs and activities in those countries, and that not less
than $6,000,000 should be made available for the State
Department's Human Rights and Democracy Fund of the Bureau
ofDemocracy, Human Rights, and Labor, and not less than $4,000,000
should be made available for the National Endowment for Democracy
(NED). The funds for NED should be made available using the authority
of section 632(b) of the Foreign Assistance Act. The conference
agreement is similar to language contained in section 592 of the Senate
amendment. The House bill did not address these matters.
The conference agreement does not contain language
allocating not less than $2,000,000 for programs and activities
that train emerging Afghan women leaders in civil society
development and democracy building. However, the managers
strongly support such programs and urge the Department of State
to provide up to $2,000,000 for such activities.
In addition to the funding authorized in this section and
ongoing funding to support the maintenance of the Reagan/
Fascell Fellowship Program, the managers support the budget
request for the Human Rights and Democracy Fund of the
Department of State.
Sec. 532. Authorities for the Peace Corps, Inter-American Foundation,
and African Development Foundation
The conference agreement does not include language, as
proposed by the Senate, to include a waiver of prohibitions
against certain activities for the International Fund for
Agricultural Development (IFAD) from International
Organizations and Programs funds. IFAD is no longer funded from
the International Organizations and Programs account.
Sec. 534. Special Authorities
The conference agreement deletes language proposed by the
House that provided that section 576 of the Foreign Operations,
Export Financing, and Related Programs Act, 1997, as amended,
shall not apply to the provision of assistance to the Federal
Republic of Yugoslavia. The Senate amendment contained
identical language in a general provision, and this matter is
addressed in section 584 of the conference agreement.
The conference agreement does not contain language from
the House bill that was not in the Senate amendment that would
have subjected energy programs aimed at reducing greenhouse gas
emissions to the regular notification requirements of the
Committees on Appropriations. In addition, it does not contain
a reference in the Senate amendment that was not in the House
bill that adds the Global Development Alliance initiative to
the provisions of this section.
The conference agreement authorizes the President to use
up to $45,000,000 under the authority of section 451 of the
Foreign Assistance Act, rather than $50,000,000 as proposed by
the House and $35,000,000 as proposed by the Senate.
The conference agreement includes language from the
Senate amendment that was not in the House bill that states
that in entering into multiple award indefinite-quantity
contracts, USAID 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.
The managers request that USAID place a high priority on
generating meaningful opportunities for small businesses to
compete for procurement of the agency. Specifically, of the
multiple award indefinite quantity contract that will replace
the current Support for Economic Growth and Institutional
Reform/Legal and Institutional Reform contract, the managers
support USAID's decision to define ``fair opportunity'' for
task orders in excess of $750,000 as requiring the submission
of resumes of proposed personnel or technical proposals from
businesses eligible to compete for such task orders.
By one year after enactment of this act, the managers
look forward to a report on the effect of this change in
promoting small business competition and participation in the
contract, USAID's views as to whether such an approach should
be extended to other multiple award indefinite quantity
contracts, and an identification of annual benchmarks by which
USAID will look to evaluate itself for advancing the ability of
small businesses to participate and effectively compete in the
procurement process.
USAID is strongly encouraged to take such other steps
that would improve the participation of small businesses, as
either prime or subcontractors, in future indefinite quantity
contracts and to report to the Committees on Appropriations any
legal or regulatory impediments to achieving this objective.
Sec. 539. Ceilings and Earmarks
The conference agreement includes Senate language that
restores prior year language regarding earmarks and minimum
funding levels. The House bill did not address this matter.
Sec. 545. Withholding of Assistance for Parking Fines Owed by Foreign
Countries
The conference agreement allows 110 percent of the total
amount of unpaid fully adjudicated parking fines and penalties
owed by foreign countries to New York City, New York, to be
withheld from obligation for assistance to such country, as
proposed by the Senate. The managers have modified similar
prior year language relating to parking fines and penalties
owed by foreign governments to the District of Columbia.
Sec. 547. War Crimes Tribunals Drawdown
The conference agreement includes House language
authorizing up to $30,000,000 in drawdowns of commodities or
services for war crimes tribunals instead of $35,000,000 as
proposed by the Senate. It includes Senate language that
authorizes such drawdowns for tribunals authorized or
established by the United Nations Security Council. The
conference agreement deletes House language that specifies that
any drawdown made under this section shall not be construed as
an endorsement or precedent for the establishment of any
standing or permanent international criminal tribunal or court.
The managers note that section 705 of H.R. 3427, as enacted
into law as part of H.R. 3194 (Public Law 106-113) prohibits
the obligation of any funds for use by, or for support of, the
International Criminal Court.
Sec. 548. Landmines
The conference agreement contains Senate language, not
addressed in the House bill, that amends Public Law 102-484 to
extend the ban on the export of landmines until October 23,
2008.
Sec. 553. Restrictions on Voluntary Contributions to United Nations
Agencies
The conference agreement is the same as current law, as
proposed by the House. The Senate did not address this matter.
Sec. 557. Discrimination Against Minority Religious Faiths in the
Russian Federation
The conference agreement retains prior year language as
proposed by the House bill. The Senate amendment proposed
technical modifications.
Sec. 558. Assistance for the Middle East
The conference agreement contains House language that
imposes a spending ceiling of $5,141,150,000 on specified
assistance for the Middle East. The Senate amendment did not
address this matter.
Sec. 559. Energy Conservation and Clean Energy Programs
The conference agreement requires the Executive Office of
the President to submit an updated and revised annual
government-wide report on federal activities and costs relating
to climate change and greenhouse gas emissions. The report is
due not later than 30 days following the date the President's
budget is submitted to Congress, instead of on the same day
that the budget is submitted as proposed by the Senate.
The managers have included a new provision, similar to
the Senate proposal, that not less than $155,000,000 should be
made available to support policies and actions in certain
countries that promote energy conservation and efficient energy
production and use; that measure, monitor, and reduce
greenhouse gas emissions; increase carbon sequestration
activities; and enhance climate change mitigation programs. The
House bill did not address this matter.
Sec. 560. Zimbabwe
The conference agreement includes the provision as
included in the Senate amendment to direct the Secretary of the
Treasury to instruct the United States executive directors to
the international financial institutions to vote against loans
to the Government of Zimbabwe, except humanitarian assistance
and the promotion of democracy. The House did not address this
matter.
Sec. 561. Central America Relief and Reconstruction
The conference agreement extends current law by providing
authority to allow funds appropriated in Public Law 106-31 to
be used by the Comptroller General to monitor earthquake relief
and reconstruction activities in El Salvador. The House did not
address this matter.
Sec. 563. Cambodia
The conference agreement prohibits assistance to the
central Government of Cambodia, unless the Secretary of State
certifies to Congress that certain conditions have been met.
The conditions governing the restoration of assistance are
similar to those contained in the Senate amendment. However,
exceptions to the ban on assistance are provided for basic
education as proposed by the House and activities conducted by
the Ministry of Women and Veteran's Affairs to combat human
trafficking as proposed by the Senate. The conference agreement
contains House language on the provision of assistance through
international financial institutions.
The managers remain concerned with Cambodia's political,
legal, and economic development, and the lack of independence
of its judiciary. The managers strongly condemn acts of
intimidation and violence against the democratic opposition in
the run up to commune council elections next year, and note
with concern human rights violations that are committed by
government, police, and military officials with impunity. The
conference agreement also contains the provisions of section
591 of the Senate amendment that conditions assistance to any
Khmer Rouge tribunal established by the Government of Cambodia
on a determination and certification to Congress that the
tribunal is capable of delivering justice for crimes against
humanity in an impartial and credible manner.
Section 566. PLO Compliance Report
The conference agreement contains language that states
that the President should undertake certain assessments
regarding actions of the Palestinian Liberation Organization or
the Palestinian Authority, and should impose certain sanctions
based on those assessments. The House bill would have mandated
such assessments and certain sanctions. The Senate amendment
did not address this matter.
Section 567. Colombia
The conference agreement includes a modified version of
the Senate provision on Colombia. The House did not address
this matter. The managers are concerned with the alarming
number of human rights violations and massacres of civilians in
Colombia by paramilitary forces, kidnapping and other abuses by
guerrilla forces, as well as persistent reports of aiding and
abetting of paramilitaries by some units of the Colombian Armed
Forces. The conference agreement includes language that
provides for the obligation of 60 percent of funds appropriated
for the Colombian Armed Forces if certain conditions relating
to human rights are met, and for the obligation of the balance
of funds after June 1, 2002 if such are conditions are met.
The conditions on assistance to the Colombian Armed
Forces require suspending individuals, of whatever rank, who
have been credibly alleged to have committed gross violations
of human rights or to have aided or abetted paramilitary
groups. By ``suspending'' the managers refer to removal from
active duty and assignment to administrative duties only
without combat responsibilities or command of troops in the
field, pending investigation and prosecution, when civilian
prosecutors determine there is credible evidence to support
such allegations.
The conditions on assistance to the Colombian Armed
Forces also require their cooperation with civilian prosecutors
and judicial authorities, in prosecuting and punishing in
civilian courts members of the Armed Forces who have been
credibly alleged to have committed gross violations of human
rights or aided or abetted paramilitary groups, including
members who have been suspended for allegedly committing such
crimes.
Section 568. Illegal Armed Groups
The conference agreement includes the provision in the
Senate amendment prohibiting the Secretary of State from
issuing visas to individuals with ties to illegal armed groups
in Colombia. The House did not address this matter.
Sec. 570. Iraq
The conference agreement includes language similar to
that in the Senate amendment, which provides that funds from
the Economic Support Fund may be made available for programs
benefiting the Iraqi people and to support efforts to bring
about political transition in Iraq. The conference agreement
also includes language that establishes a ceiling of 15 percent
on administrative and representational expenses, except for
costs related to broadcasting activities. It also includes
language that directs the Administration to consult with the
Committees on Appropriations within 60 days of enactment
regarding its plans for the use of these funds.
The managers are troubled by the recent audit conducted
by the State Department Inspector General on the use of prior
year funds appropriated for this program. The managers also
note that this section does not impose restrictions on which
groups may receive these funds or on the use of funds for
activities inside Iraq. As part of the consultation process
regarding the use of these funds, the managers expect the
Department to identify options for the transfer of funding for
this program to a more appropriate source.
Sec. 572. Indonesia
The conference agreement provision regarding military
assistance to Indonesia is similar to current law, except that
it allows for civilian officials to participate in Expanded
IMET activities. The House bill and the Senate amendment both
included 4 prior year provisions under which a Presidential
report and determination could result in a resumption of
military assistance to Indonesia that is funded in this bill.
The revised language includes new subsections relating to
civilian control of the armed forces and the release of
political detainees and it expands the geographical scope of
the retained subsections beyond Timor island to other parts of
Indonesia.
While the conference agreement does not include a
specific reference to the murders of American citizen Carlos
Caceres and two other United Nations humanitarian workers in
West Timor on September 6, 2000, the managers insist that any
determination that effective measures are being taken to
investigate and bring to justice militia groups involved in
human rights violations would accord special consideration to
the just punishment for the killers of the United Nations
humanitarian workers in West Timor.
Sec. 573. Briefings on Potential Purchases of Defense Articles or
Defense Services by Taiwan
The conference agreement includes language similar to the
House bill, which requires the State Department, in
consultation with the Department of Defense, to provide
briefings to the appropriate congressional committees
(including the Committees on Appropriations) on any discussions
conducted between the Administration and the Government of
Taiwan concerning the potential purchase of defense articles or
defense services by the Government of Taiwan. The briefings are
to occur 90 days after enactment and every 120 days thereafter,
during fiscal year 2002.
Sec. 574. Restrictions on Assistance to Governments Destabilizing
Sierra Leone
The conference agreement prohibits assistance to any
government for which the Secretary of State has credible
evidence that such government has, within the previous six
months, provided military support for, facilitated safe passage
of weapons or other equipment to, or which has assisted illicit
diamond trading which benefits the Revolutionary United Front
in Sierra Leone, Liberian security forces, or any other group
intent on destabilizing Sierra Leone. This section is similar
to the Senate amendment. The House provision was identical to
current law.
Sec. 576. United Nations Population Fund
The conference agreement provides that not more than
$34,000,000 from the ``International Organizations and
Programs'' account shall be made available for the United
Nations Fund for Population Activities, including UNFPA
programs to combat HIV/AIDS, instead of not less than
$40,000,000 as proposed by the Senate and not more than
$25,000,000 as proposed by the House. The United States
contribution to the UNFPA is subject to a number of conditions
regarding UNFPA activities, including a provision relating to
UNFPA activities in the People's Republic of China as proposed
by the House.
The conference agreement provides that not more than
$34,000,000 shall be made available for a United States
contribution to the United Nations Fund for Population
Activities (UNFPA). The managers recognize and support the
family planning/reproductive health activities, and HIV/AIDS
activities, conducted by UNFPA, and understand that a portion
of the United States contribution to UNFPA will be used for
HIV/AIDS activities. None of the United States contribution to
UNFPA may be made available for activities in the People's
Republic of China. The Senate amendment addressed this matter
under the heading ``International Organizations and Programs''
in title IV.
Sec. 577. American Churchwomen and Other Citizens in El Salvador and
Guatemala
The conference agreement contains language similar to
that in the Senate amendment that provides that information on
certain murders in El Salvador and Guatemala is being released
to the victims' families. The House bill only addressed certain
murders in El Salvador.
Sec. 578. Procurement and Financial Management Reform
The conference agreement includes language similar to a
House provision withholding 10 percent of the funds made
available for international financial institutions until the
Secretary of the Treasury certifies that a number of
procurement and financial management reforms are being
implemented. The Senate did not address this matter. The
modified provision deletes a reporting requirement.
Sec. 579. Basic Education Assistance for Indonesia and Pakistan
The conference agreement includes language that provides
not less than $8,000,000 from Development Assistance for basic
education activities in Indonesia and Pakistan. The managers
expect that $3,000,000 will be provided for Indonesia and
$5,000,000 for Pakistan. House and Senate language did not
refer to Indonesia.
The managers have also included language providing that
$2,500,000 from the Economic Support fund shall be transferred
to Operating Expenses of the United States Agency for
International Development for the purpose of monitoring and
implementing United States economic and development assistance
for Pakistan, including the $500,000,000 that was provided in
economic assistance under the provisions of Public Law 107-38,
the Emergency Supplemental Appropriations Act for Recovery from
and Response to Terrorist Attacks on the United States, FY 2001
and the funds made available under this general provision for
Pakistan. The funds would be derived from the amount for
Pakistan in the fiscal year 2002 budget request for the
Economic Support Fund.
The managers request the Administrator of USAID, after
consultation with the Secretary of State, to report to the
relevant committees not later than 60 days after enactment of
the Act on the Agency's proposals for implementing basic
education activities in Indonesia and expanding ongoing
education assistance for Pakistan. The report should include
USAID's plans to use its operating expenses to provide in-
country monitoring of agreements between the United States and
Pakistan to provide cash grants in support of Pakistan's
education and other social sectors, utilizing funds made
available under the provisions of Public Law 107-38.
Sec. 581. War Criminals
The conference agreement contains language similar to
that in both the House bill and Senate amendment regarding war
criminals in the Balkans.
Sec. 582. User Fees
The conference agreement extends current law by requiring
the Secretary of the Treasury to instruct the United States
executive directors of the international financial institutions
(IFIs) to oppose loans that would impose user fees on poor
people for primary education and healthcare. While the managers
did not include Senate language adding structural adjustment
schemes, debt relief, and Poverty Reduction Strategy Papers
(PRSPs) to the prohibition, the managers do not intend this
exclusion to be interpreted as an endorsement for user fees on
the poor in such actions. It is the managers' understanding
that the Treasury Department opposes user fees on the poor and
that this is now Treasury's policy with regard to all IFI
actions. The managers support this policy and expect it to
continue and to be applied in Treasury's careful review process
for PRSPs, which are subject to IFI review but not a vote. The
managers direct the Secretary of the Treasury to examine the
use of user fees by the World Bank, their impact on the poor,
and whether such user fees exemption schemes for the poor are
successful. The managers direct the Secretary to report back
these findings to the House and Senate Committees on
Appropriations before April 15, 2002.
Sec. 584. Funding for Serbia
The conference agreement authorizes funding for Serbia as
proposed by the House but does not include a maximum funding
level as proposed by the Senate. The conference agreement
includes language similar to the House bill that conditions
assistance for Serbia that may be made available after March
31, 2002, on continued cooperation with the International
Criminal Tribunal for the former Yugoslavia, the termination of
financial and other support to Republika Srpska institutions,
and respect for the rule of law including the release of
political prisoners. The provision regarding therelease of
political prisoners was included in the Senate amendment but not in the
House bill.
The managers recognize the efforts of Serbian democrats
and reformers to implement much needed reforms necessitated by
years of corruption and political violence, and expect that up
to $115,000,000 will be provided for assistance for Serbia, in
addition to regional funds that may become available, as
appropriate. The managers have also provided authority for debt
forgiveness for the Federal Republic of Yugoslavia in title II
of this Act.
Sec. 585. El Salvador Reconstruction and Central America Disaster
Relief
The conference agreement includes a modified version of
the House and Senate provisions making $100,000,000 available
for reconstruction assistance for El Salvador and $35,000,000
in USAID-managed assistance for drought victims elsewhere in
Central America.
Sec. 586. Reports on Conditions in Hong Kong
The conference agreement contains Senate language that
amends section 301 of the United States-Hong Kong Policy Act to
allow for annual reports on conditions in Hong Kong until March
31, 2006. The House bill did not address this matter.
Sec. 587. Community-Based Police Assistance
The conference agreement includes language similar to the
Senate language authorizing use of certain USAID-administered
funds in title II of this Act for support for civilian police
in Jamaica, notwithstanding section 660 of the Foreign
Assistance Act. The House did not address this matter. The
conference agreement includes a ceiling on funds for this
purpose at a level of $1,500,000.
Sec. 588. Authorizations
The conference report includes the authorization for the
International Fund for Agricultural Development, but not the
Asian Development Fund. The Senate amendment included
authorizations for both organizations. The House did not
address this matter. The managers have also included an
extension of the Export-Import Bank's charter until March 31,
2002.
Sec. 589. Excess Defense Articles for Central and Southern European
Countries and Certain Other Countries
The conference agreement contains Senate language not in
the House bill that authorizes the provision of excess defense
articles for central and southern European countries and
certain other countries. The House bill did not address this
matter.
Sec. 591. Modification to the Annual Drug Certification Procedures
The conference agreement waives the annual drug
certification process for one year on a global basis. The
Senate amendment provided a waiver for the Western Hemisphere
only. The House did not address this matter.
Sec. 592. Kenneth M. Ludden
The conference agreement includes language similar to
that proposed by the Senate regarding a short title for the
Act.
PROVISIONS NOT ADOPTED BY THE CONFEREES
The conference agreement does not include section 567 of
the House bill regarding ``Man and the Biosphere''. The Senate
amendment did not address this matter.
The conference report does not include section 578 of the
Senate amendment regarding ``Funding for Private
Organizations''. The Senate amendment did not address this
matter.
The conference report does not include section 580 of the
House bill regarding ``Improving Global Health Through Safe
Injections''. The Senate amendment did not address this matter.
The managers concur with the language on safe injections under
the heading ``Child Survival and Health Programs'' contained in
Senate Report 107-58.
The conference report does not include section 580 of the
Senate amendment regarding Cuba. The House did not address this
matter. The managers are concerned about U.S. counternarcotics
policy with respect to Cuba and the lack of authoritative
information from the Government of Cuba with regard to drug
trafficking through Cuba. The managers realize that Cuba's
unique geography presents an appealing environment to air and
maritime smugglers and recognize the national security threat
posed by illicit drug production, distribution, and
consumption, and crimes related thereto, particularly those in
the Western Hemisphere. The managers are aware that there are
reports of Cuba's willingness to cooperate with the U.S. in
aiding U.S. interdiction of illicit drug distribution, as well
as other reports that Cuba facilitates drug smuggling.
Therefore the managers expect that not later than 6 months
after the date of the enactment of this Act, the Secretary of
State shall report to the Congress regarding the following: (1)
the extent, if any, of the direct involvement of the Government
of Cuba in illegal drug trafficking; (2) the likelihood that
U.S. international narcotics assistance to the Government of
Cuba would decrease the flow of drugs transiting through Cuba,
and (3) the degree to which the Government of Cuba is
exchanging with U.S. agencies drug-related law enforcement
information. Additionally, the managers encourage the
Administration, not later than 9 months after the date of the
enactment of this Act, to transmit to Congress any legislation
necessary to decrease the flow of drugs to or from Cuba.
The conference agreement does not include section 582 of
the House bill prohibiting the use of funds in this Act for a
contribution to the UN International Narcotics Control Board.
Funds for such this purpose are not within the jurisdiction of
this Act. The Senate did not address this matter.
The conference agreement does not include section 582 of
the Senate amendment requiring that housing constructed with
development assistance funds in this Act be wheelchair
accessible. The House bill did not address this matter.
However, the managers expect USAID to ensure that doors in
houses or other facilities constructed with funds administered
by USAID are of a sufficient width to accommodate wheelchairs.
The conference agreement does not include section 583 of
the House bill regarding the ``Buy America Act''. The Senate
amendment did not address this matter.
The conference agreement does not include section 584 of
the House bill regarding the ``Funding for Trafficking Victims
Protection Act of 2000''. The Senate amendment did not address
this matter. However, the managers concur that trafficking in
persons is a matter of urgency, and address related funding
issues in report language under the heading ``Development
Assistance'', and in bill and report language under the
headings ``Assistance for the Independent States of the Former
Soviet Union'' and ``International Narcotics Control and Law
Enforcement''.
The conference agreement does not contain section 584 of
the Senate amendment regarding democracy and human rights
programs. This matter is addressed under section 526 of the
conference report.
The conference agreement does not include section 585 of
the Senate amendment regarding a report on the use of defense
articles, defense services, and financial assistance to
Uzbekistan. The House bill did not address this matter. The
managers recognize and appreciate that Uzbekistan is providing
logistical support and facilities for United States military
and humanitarian operations in Afghanistan. However, the
managers are aware of reports by the Department of State of
serious human rights violations by members of Uzbek security
forces. Therefore, the managers direct the Secretary of State
to submit two reports to the appropriate congressional
committees not later than four months after the date of
enactment and ten months thereafter, describing in detail (1)
the defense articles, defense services, and financial
assistance provided by the United States to Uzbekistan during
the six-month period ending 30 days prior to the submission of
such report; and (2) the use during such period of defense
articles, defense services, and financial assistance provided
by the United States by units of the Uzbek Ministry of National
Security or Ministry of Internal Affairs.
The conference agreement does not include section 586 of
the Senate amendment expressing the Sense of the Senate on
humanitarian assistance for Afghanistan. The House bill did not
address this matter. The managers are concerned with the plight
of Afghan refugees, and the status of women within Afghanistan
who are emerging from years of repression under the Taliban.
The managers support substantial United States contributions of
humanitarian assistance for the people of Afghanistan,
particularly through overland truck convoys, and efforts to
ensure that Afghan women are included in planning the future
reconstruction of Afghanistan and equal opportunities for women
throughout Afghan society.
The conference agreement does not include section 589 of
the Senate amendment expressing the Sense of the Senate
regarding the role of women in the reconstruction of
Afghanistan. The House bill did not address this matter. The
managers address this matter under the heading ``Development
Assistance''.
The conference agreement does not include section 591 of
the Senate amendment regarding restrictions on funding for the
Cambodian Genocide Tribunal. The substance of Senate section
591 is contained in section 563 of the conference report.
The conference agreement does not include section 593 of
the Senate amendment regarding an increased Peace Corps
presence in Muslim countries. The House bill did not address
this matter. While the managers support the concept of the
Senate language, a key concern of the managers is the safety of
Peace Corps volunteers around the world. The managers direct
the Director of the Peace Corps to undertake a study to
determine the feasibility of an increase in volunteers in
predominantly Muslim countries and to submit a report to the
appropriate congressional committees not later than 6 months
after the date of enactment. The study should make the
determinations required by the Senate language but also should
include a detailed description of measures the agency plans to
implement in fiscal year 2002 to increase volunteers' safety.
The conference agreement does not include section 594 of
the Senate amendment regarding machine readable passports. The
House bill did not address this matter. The managers note that
this matter has been addressed in Public Law 107-56.
The conference agreement does not include section 595 of
the Senate amendment regarding Sudan. The House bill did not
address this matter.
The conference agreement does not include section 598 of
the Senate amendment regarding projects honoring the victims of
terrorist attacks. The House bill did not address this matter.
The conference report does not include section 599 of the
Senate bill regarding a conditional waiver of section 907 of
the FREEDOM Support Act. This language is included in title II
of the conference report. The House bill did not address this
matter.
The conference report does not include section 599A of
the Senate amendment regarding the Federal Investigation
Enhancement Act of 2001. The House bill did not address this
matter.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2002 recommended by the Committee of Conference,
with comparisons to the fiscal year 2001 amount, the 2002
budget estimates, and the House and Senate bills for 2002
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2001... $15,021,168
Budget estimates of new (obligational) authority, fiscal
year 2002........................................... 15,212,631
House bill, fiscal year 2002............................ 15,212,173
Senate bill, fiscal year 2002........................... 15,568,880
Conference agreement, fiscal year 2002.................. 15,390,780
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2001.............................................. +369,612
Budget estimates of new (obligational) authority,
fiscal year 2002.................................. +178,149
House bill, fiscal year 2002........................ +178,607
Senate bill, fiscal year 2002....................... -178,100
Jim Kolbe,
Sonny Callahan,
Joe Knollenberg,
Jack Kingston,
Jerry Lewis,
Roger F. Wicker,
Henry Bonilla,
John E. Sununu,
Bill Young,
Nita Lowey,
Nancy Pelosi,
Jesse L. Jackson, Jr.,
Carolyn C. Kilpatrick,
Steven R. Rothman,
Dave Obey,
Managers on the Part of the House.
Patrick J. Leahy,
Daniel K. Inouye,
Tom Harkin,
Tim Johnson,
Jack Reed,
Robert C. Byrd,
Mitch McConnell,
Judd Gregg,
Richard C. Shelby,
Robert F. Bennett,
Ben Nighthorse Campbell,
Christopher Bond,
Ted Stevens,
Managers on the Part of the Senate.
