Pub.L. 107-116 Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2002, and for other purposes. <> ...

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[[Page 2117]]

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

[[Page 115 STAT. 2118]]

Public Law 107-115
107th Congress

                                 An Act


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

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

                TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                 export-import bank of the united states

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

                          subsidy appropriation

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

[[Page 115 STAT. 2119]]

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

                         administrative expenses

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

                 overseas private investment corporation

                            noncredit account

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

                             program account

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

[[Page 115 STAT. 2120]]

                   Funds Appropriated to the President

                      trade and development agency

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

                 TITLE II--BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

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

           united states agency for international development

                 child survival and health programs fund

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

[[Page 115 STAT. 2121]]

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

[[Page 115 STAT. 2122]]

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

                         development assistance

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

[[Page 115 STAT. 2123]]

                                  burma

    Of the funds appropriated under the heading ``Economic Support 
Fund'', not less than $6,500,000 shall be made available to support 
democracy activities in Burma, democracy and humanitarian activities 

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