Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2002 (Engrossed Senate Amendment)
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, $547,000,000, to remain available until expended:
Provided, That of the amount appropriated under this heading, not
less than $101,000,000 shall be made available for Bolivia, and not less than
$35,000,000 shall be made available for Ecuador: Provided further,
That of the amount appropriated under this heading, not less than
$200,000,000 shall be apportioned directly to the United States Agency for
International Development, to be used for economic and social programs:
Provided further, That of the amount appropriated under this heading,
up to $2,000,000 should be made available to support democracy-building
activities in Venezuela: 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 and the Director of the Centers for Disease
Control and Prevention, determines and reports to the Committees on
Appropriations that (1) the chemicals used in the aerial fumigation of coca,
in the manner in which they are being applied, do not pose an undue risk to
human health or safety; (2) that aerial coca fumigation is being carried out
in accordance with Colombian laws and regulations, and health, safety, and
usage procedures recommended by the Environmental Protection Agency, the
Centers for Disease Control and Prevention, and the manufacturers of the
chemicals; (3) effective mechanisms are being utilized to evaluate claims of
local citizens that their health was harmed or their licit agricultural crops
were damaged by such aerial coca fumigation, and to provide fair compensation
for meritorious claims; and (4) within 6 months of the date of enactment of
this Act 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 within 6
months of the date of enactment of this Act: 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) of the Emergency Supplemental Act, 2000 (Public Law
106-246) shall be applicable to funds appropriated by this Act: 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, in addition to funds otherwise available for such
purposes, of the funds appropriated under this heading, not more than
$14,240,000 shall be available for administrative expenses of the Department
of State, and not more than $4,500,000 shall 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, $735,000,000, which shall remain available until
expended: Provided, That not more than $16,000,000 shall be available
for administrative expenses: 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, $318,500,000, 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 10 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
appropriated under this heading, $40,000,000 should be made available for
demining, clearance of unexploded ordnance, and related activities:
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: Provided
further, That of the funds appropriated under this heading, $3,500,000
should be made available to support the Small Arms Destruction
Initiative.
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), $6,000,000, 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, $235,000,000, to remain available until
expended: Provided, That not less than $11,000,000 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
$14,000,000 of unobligated balance 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 paid to the HIPC
Trust Fund may be used only to fund debt reduction under the enhanced HIPC
initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC
Trust Fund for the benefit of any country if the Secretary of State has
credible evidence that the government of such country is engaged in a
consistent pattern of gross violations of internationally recognized human
rights or in military or civil conflict that undermines its ability to develop
and implement measures to alleviate poverty and to devote adequate human and
financial resources to that end: Provided further, That on the basis
of final appropriations, the Secretary of the Treasury shall consult with the
Committees on Appropriations concerning which countries and international
financial institutions are expected to benefit from a United States
contribution to the HIPC Trust Fund during the fiscal year: Provided
further, 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:
Provided further, That the authority provided by section 572 of
Public Law 100-461 may be exercised only with respect to countries 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.
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, $75,000,000, of which up to $5,000,000 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 Zimbabwe, Indonesia and Guatemala may only be
available for expanded international military education and training and funds
made available for Zimbabwe, Cote D'Ivoire, The Gambia, the Democratic
Republic of the Congo, Algeria, Indonesia and Guatemala may only be provided
through the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated by
this paragraph, not less than $600,000 shall be made available for assistance
for Armenia.
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, $3,674,000,000:
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 made available for grants only for Egypt:
Provided further, That the funds appropriated by this paragraph for
Israel shall be disbursed within 30 days of the enactment of this Act or by
October 31, 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 $10,000,000 shall be made available for assistance
for Tunisia: Provided further, That of the funds appropriated by this
paragraph, not less than $2,300,000 shall be made available for assistance for
Thailand: 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 during fiscal year 2002, the
President is authorized to, and shall, direct the draw-downs 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 and
any amount so directed shall count toward meeting the earmark in the preceding
proviso: Provided further, That funds appropriated by this paragraph
shall be nonrepayable notwithstanding any requirement in section 23 of the
Arms Export Control Act: Provided further, That funds made available
under this paragraph shall be obligated upon apportionment in accordance with
paragraph (5)(C) of title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall be available
to finance the procurement of defense articles, defense services, or design
and construction services that are not sold by the United States Government
under the Arms Export Control Act unless the foreign country proposing to make
such procurements has first signed an agreement with the United States
Government specifying the conditions under which such procurements may be
financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided further,
That none of the funds appropriated under this heading shall be available for
assistance for Sudan and Liberia: Provided further, That funds made
available under this heading may be used, notwithstanding any other provision
of law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through nongovernmental and
international organizations: Provided further, That none of the funds
appropriated under this heading shall be available for assistance for
Guatemala: Provided further, That only those countries for which
assistance was justified for the `Foreign Military Sales Financing Program' in
the fiscal year 1989 congressional presentation for security assistance
programs may utilize funds made available under this heading for procurement
of defense articles, defense services or design and construction services that
are not sold by the United States Government under the Arms Export Control
Act: Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$35,000,000 of the funds appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general costs
of administering military assistance and sales: Provided further,
That not more than $348,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses
incurred by the Department of Defense during fiscal year 2002 pursuant to
section 43(b) of the Arms Export Control Act, except that this limitation may
be exceeded only through the regular notification procedures of the Committees
on Appropriations: Provided further, 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'.
