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H.R.2506
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'.
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