Home > 108th Congressional Public Laws > Pub.L. 108-012 To reinstate and extend the deadline for commencement of construction of a hydroelectric project in the State of Illinois. <> ...

Pub.L. 108-012 To reinstate and extend the deadline for commencement of construction of a hydroelectric project in the State of Illinois. <> ...


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of the funds appropriated under this heading that will be used for 
assistance for Iraq: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
United States may accept from any person, foreign government, or 
international organization, and credit to this Fund, any contribution of 
money for such purposes: Provided further, That funds appropriated under 
this heading shall be available notwithstanding any other provision of 
law, including section 10 of Public Law 91-672 and section 15 of the 
State Department Basic Authorities Act of 1956: Provided further, 
That <<NOTE: Notification.>> funds appropriated under this heading or 
transferred under provisions of this chapter or section 632 of the 
Foreign Assistance Act of 1961 that are made available for assistance 
for Iraq shall be subject to notification of the Committees on 
Appropriations, except that notifications shall be transmitted at least 
5 days in advance of the obligation of funds.

                          Economic Support Fund

    For an additional amount for ``Economic Support Fund'', 
$2,422,000,000, of which:
            (1) not less than $700,000,000 <<NOTE: Jordan.>> shall be 
        made available for assistance for Jordan;
            (2) $300,000,000, to remain <<NOTE: Egypt.>> available until 
        September 30, 2005, shall be made available only for grants for 
        Egypt: Provided, That during the period beginning March 1, 2003, 
        and ending September 30, 2005, loan guarantees may be made to 
        Egypt, the principal amount, any part of which is to be 
        guaranteed, shall not exceed $2,000,000,000: Provided further, 
        That the Government of Egypt will incur all the costs, as 
        defined in section 502 of the Federal Credit Reform Act of 1990, 
        as amended, associated with these loan guarantees, including any 
        non-repayment exposure risk: Provided further, That all fees 
        associated with these loan guarantees, including subsidy and 
        administrative costs, shall be paid by the Government of Egypt 
        to the Government of the United States: Provided further, That 
        funds made available under this paragraph and other funds 
        appropriated to carry out chapter 4 of part II of the Foreign 
        Assistance Act of 1961 and made available for assistance for 
        Egypt may be used by the Government of Egypt to pay such fees to 
        the United States Government: Provided further, That such 
        guarantees shall constitute obligations, in accordance with the 
        terms of such guarantees, of the United States and the full 
        faith and credit of the United States is hereby pledged for full 
        payment and performance of such obligations: Provided further, 
        That the <<NOTE: President.>> President shall determine the 
        terms and conditions for issuing the economic assistance 
        authorized by this paragraph and should take into consideration 
        budgetary and economic reforms undertaken by Egypt: Provided 
        further, That if the President determines that these terms and 
        conditions have been breached, the President may suspend or 
        terminate the provision of all or part of such economic 
        assistance not yet outlayed under this paragraph;

[[Page 117 STAT. 575]]

            (3) not to exceed $1,000,000,000, <<NOTE: Turkey.>> to 
        remain available until September 30, 2005, for grants for 
        Turkey: Provided, That during the period beginning March 1, 
        2003, and ending September 30, 2005, direct loans or loan 
        guarantees may be made to Turkey, the principal amount of direct 
        loans or loans, any part of which is to be guaranteed, shall not 
        exceed $8,500,000,000: Provided further, That the Government of 
        Turkey will incur all the costs, as defined in section 502 of 
        the Federal Credit Reform Act of 1990, as amended, associated 
        with these loans or loan guarantees, including any non-repayment 
        exposure risk: Provided further, That all fees associated with 
        these loans or loan guarantees, including subsidy and 
        administrative costs, shall be paid by the Government of Turkey 
        to the Government of the United States: Provided further, That 
        funds made available under this paragraph and other funds 
        appropriated to carry out chapter 4 of part II of the Foreign 
        Assistance Act of 1961 and made available for assistance for 
        Turkey may be used by the Government of Turkey to pay such fees 
        to the United States Government: Provided further, That such 
        guarantees shall constitute obligations, in accordance with the 
        terms of such guarantees, of the United States and the full 
        faith and credit of the United States is hereby pledged for the 
        full payment and performance of such obligations: Provided 
        further, That none of the funds made available by this paragraph 
        may be made available for assistance for Turkey if the Secretary 
        of State determines and reports to the Committees on 
        Appropriations of the House and Senate, the Committee on Foreign 
        Relations of the Senate and Committee on International Relations 
        of the House that the Government of Turkey is not cooperating 
        with the United States in Operation Iraqi Freedom, including the 
        facilitation of humanitarian assistance to Iraq, or has 
        unilaterally deployed troops into northern Iraq: Provided 
        further, That the <<NOTE: President.>> President shall determine 
        the terms and conditions for issuing the economic assistance 
        authorized by this paragraph and should take into consideration 
        budgetary and economic reforms undertaken by Turkey: Provided 
        further, That if the President determines that these terms and 
        conditions have been breached, the President may suspend or 
        terminate the provision of all or part of such economic 
        assistance not yet outlayed under this paragraph: Provided 
        further, That any balance of funds not made available to Turkey 
        under this paragraph shall be transferred to, and merged with, 
        funds appropriated for ``Iraq Relief and Reconstruction Fund'';
            (4) not less than $30,000,000 
        for <<NOTE: Philippines.>> assistance for the Philippines to 
        further prospects for peace in Mindanao, and not less than 
        $167,000,000 for assistance for Afghanistan: Provided, That of 
        the funds appropriated under this heading, $10,000,000 should be 
        made available for investigations and research into allegations 
        of war crimes, crimes against humanity, or genocide committed by 
        Saddam Hussein or other Iraqis, and for a contribution to an 
        international tribunal to bring these individuals to justice;
            (5) regional funds made available under this heading for 
        assistance that are not specified in paragraphs (1) through (4) 
        shall be subject to the regular notification procedures of the 
        Committees on Appropriations; and

[[Page 117 STAT. 576]]

            (6) unless otherwise specified herein, funds appropriated 
        under this heading shall remain available until September 30, 
        2004.

                        Loan Guarantees to Israel

    During the period beginning March 1, 2003, and ending September 30, 
2005, loan guarantees may be made available to Israel, guaranteeing 100 
percent of the principal and interest on such loans, the principal 
amount, any part of which is to be guaranteed, not to exceed 
$9,000,000,000, of which up to $3,000,000,000 may be issued prior to 
October 1, 2003, or thereafter and of which $3,000,000,000 may be issued 
subsequent to September 30, 2004: Provided, That such guarantees shall 
constitute obligations, in accordance with the terms of such guarantees, 
of the United States and the full faith and credit of the United States 
is hereby pledged for the full payment and performance of such 
obligations: Provided further, That if less than the full amount of 
guarantees authorized to be made available is issued prior to September 
30, 2005, the authority to issue the balance of such guarantees shall 
extend to the subsequent fiscal year: Provided further, That guarantees 
may be issued under this section only to support activities in the 
geographic areas which were subject to the administration of the 
Government of Israel before June 5, 1967: Provided further, That the 
amount of guarantees that may be issued shall be reduced by an amount 
equal to the amount extended or estimated to have been extended by the 
Government of Israel during the period from March 1, 2003, to the date 
of issue of the guarantee, for activities which the President determines 
are inconsistent with the objectives and understandings reached between 
the United States and the Government of Israel regarding the 
implementation of the loan guarantee program: Provided further, That 
the <<NOTE: President. Reports. Deadline.>> President shall submit a 
report to Congress no later than September 30 of each fiscal year during 
the pendency of the program specifying the amount calculated under the 
preceding proviso and that will be deducted from the amount of 
guarantees authorized to be issued in the next fiscal year: Provided 
further, That the interest rate for loans guaranteed under this heading 
may include a reasonable fee to cover the costs and fees incurred by the 
borrower in connection with this program or financing under this heading 
in the event the borrower elects not to finance such costs or fees out 
of loan principal: Provided further, That no appropriations under this 
heading are available for the subsidy costs for these loan guarantees: 
Provided further, That the Government of Israel will pay the cost, as 
defined in section 502 of the Federal Credit Reform Act of 1990, as 
amended, including any non-payment exposure risk, associated with the 
loan guarantees issued in any fiscal year, on a pro rata basis as each 
guarantee is issued during that year: Provided further, That all fees 
(as defined in section 601(e) of Public Law 102-391) associated with the 
loan guarantees shall be paid by the Government of Israel to the 
Government of the United States: Provided further, That funds made 
available for assistance to Israel under chapter 4 of part II of the 
Foreign Assistance Act of 1961, as amended, may be utilized by the 
Government of Israel to pay such fees to the United States Government: 
Provided further, That the <<NOTE: President.>> President shall 
determine the terms and conditions for issuing guarantees, taking into 
consideration

[[Page 117 STAT. 577]]

the budgetary and economic reforms undertaken by Israel: Provided 
further, That if the President determines that these terms and 
conditions have been breached, the President may suspend or terminate 
the provision of all or part of the loan guarantees not yet issued under 
this heading.

                           DEPARTMENT OF STATE

           International Narcotics Control and Law Enforcement

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $25,000,000, to remain available until September 30, 
2004.

                      Andean Counterdrug Initiative

    For an additional amount for the ``Andean Counterdrug Initiative'', 
$34,000,000, to remain available until September 30, 2004: Provided, 
That of the funds appropriated under this heading that are made 
available for Colombia, not less than $5,000,000 should be made 
available for programs and activities to assist persons who have been 
displaced as a result of armed conflict.

      United States Emergency Refugee and Migration Assistance Fund

    For an additional amount for ``United States Emergency Refugee and 
Migration Assistance Fund'', $80,000,000, to remain available until 
expended, notwithstanding section 2(c)(2) of the Migration and Refugee 
Assistance Act of 1962, as amended (22 U.S.C. 2601(c)(2)).

     Nonproliferation, Anti-Terrorism, Demining and Related Programs

    For an additional amount for ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'', $28,000,000: Provided, That funds 
appropriated by this paragraph shall be available notwithstanding 
section 10 of Public Law 91-672 and section 15 of the State Department 
Basic Authorities Act of 1956.

                           MILITARY ASSISTANCE

                   FUNDS APPROPRIATED TO THE PRESIDENT

                   Foreign Military Financing Program

    For an additional amount for the ``Foreign Military Financing 
Program'', $2,059,100,000: Provided, That funds appropriated by this 
paragraph shall be available notwithstanding section 10 of Public Law 
91-672 and section 15 of the State Department Basic Authorities Act of 
1956: Provided further, That of the funds appropriated under this 
heading, not less than $406,000,000 shall be made available for grants 
only for Jordan and not less than $1,000,000,000 shall be available for 
grants only for Israel: Provided further, That 
the <<NOTE: Deadline.>> funds appropriated by this paragraph for Israel 
shall be disbursed within 30 days of the enactment of this Act: Provided 
further, That to the extent that the Government of Israel

[[Page 117 STAT. 578]]

requests that funds be used for such purposes, grants made available for 
Israel by this paragraph shall, as agreed to by the United States and 
Israel, be available for advanced weapons systems, of which not less 
than $263,000,000 shall be available for the procurement in Israel of 
defense articles and defense services, including research and 
development: Provided further, That up to $20,000,000 of the funds 
appropriated by this paragraph may be transferred to and merged with 
funds appropriated under the heading ``Andean Counterdrug Initiative'' 
for aircraft, training, and other assistance for the 
Colombian <<NOTE: Notification.>> Armed Forces: Provided further, That, 
except for Israel and Jordan, funds appropriated under this heading 
shall be subject to the regular notification procedures of the 
Committees on Appropriations, except that notifications shall be 
transmitted at least 5 days in advance of the commitment of funds: 
Provided further, That such <<NOTE: Reports.>> notification shall be in 
the form of a report (in classified or unclassified form) which contains 
each country receiving assistance from funds aggregated under this 
heading, other than Israel and Jordan, the amount of assistance to be 
provided and a description of the equipment and other assistance being 
financed from such funds.

                         Peacekeeping Operations

    For an additional amount for ``Peacekeeping Operations'', 
$100,000,000, to remain available until September 30, 2004.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1501. Any appropriation made available in this chapter under 
the headings ``International Disaster Assistance'', ``United States 
Emergency Refugee and Migration Assistance Fund'', ``Nonproliferation, 
Anti-Terrorism, Demining and Related Programs'', ``Peacekeeping 
Operations'', or ``Iraq Relief and Reconstruction Fund'' may be 
transferred between such appropriations for use for any of the purposes 
for which the funds in such receiving account may be used: Provided, 
That the total amount transferred from funds appropriated under these 
headings shall not exceed $100,000,000: Provided further, That the 
Secretary of State shall consult with the Committees on Appropriations 
prior to exercising the authority contained in this section: Provided 
further, That <<NOTE: Notification.>> funds made available pursuant to 
the authority of this section shall be subject to the regular 
notification procedures of the Committees on Appropriations, except that 
notification shall be transmitted at least 5 days in advance of the 
obligations of funds.

    Sec. 1502. Assistance or other financing under this chapter may be 
provided for Iraq notwithstanding any other provision of law: Provided, 
That the authority contained in this section shall not apply to section 
553 of Public Law 108-7: Provided further, That funds 
made <<NOTE: Notification.>> available for Iraq pursuant to this 
authority shall be subject to the regular reprogramming procedures of 
the Committees on Appropriations and section 634A of the Foreign 
Assistance Act of 1961, except that notification shall be transmitted at 
least 5 days in advance of obligation: Provided further, That the 
notification requirements of this section may be waived if failure to do 
so would pose a substantial risk to human health or welfare: Provided 
further, That in case of any such waiver, notification to the 
appropriate congressional committees, shall be provided as early as 
practicable, but in no event later than 3 days after taking

[[Page 117 STAT. 579]]

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.
    Sec. 1503. The President may suspend the application of any 
provision of the Iraq Sanctions Act of 1990: Provided, That nothing in 

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