Relevant
sections of H.R. 2506, the Foreign Operations Appropriations bill, July
24, 2001
107th CONGRESS
1st Session
H. R. 2506
AN ACT
Making appropriations
for foreign operations, export financing, and related programs for the
fiscal year ending September 30, 2002, and for other purposes.
Be it enacted
by the Senate and House of Representatives of the United States of America
in Congress 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 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:
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, not more than $16,660,000
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,
$676,000,000 (reduced by $1,000,000), to remain available until expended:
Provided, That section 3204(b) of Public Law 106-246 is amended
by adding a new subsection (b)(3) as follows: `(3) FURTHER EXCEPTION-
Notwithstanding paragraph (2), the limitation contained in paragraph (1)(B)
my be waived: (i) if the President certifies to the appropriate committees
of the Congress that the aggregate ceiling of 800 United States personnel
contained in paragraph (1) will not be exceeded by such waiver; and (ii)
if Congress is informed of the extent to which the limitation under paragraph
(1)(B) is exceeded by such certification.': Provided further,
That section 482(b) of the Foreign Assistance Act of 1961 shall not apply
to funds appropriated under this heading for assistance for Colombia:
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 of the funds appropriated under this heading,
not more than $14,240,000 may be for administrative expenses: Provided
further, That, of the funds appropriated under this heading, $65,000,000
shall not be available for obligation until: (1) the Secretary of State
submits to the Congress a full report on the incident of April 20, 2001,
in which Veronica `Roni' Bowers and her 7-month old daughter, Charity,
were needlessly killed when a Peruvian Air Force jet opened fire on their
plane after the crew of another plane, owned by the Department of Defense
and chartered by the Central Intelligence Agency, mistakenly targeted
the plane to be potentially smuggling drugs in the Andean region; and
(2) the Secretary of State, Secretary of Defense, and Director of Central
Intelligence certify to the Congress, 30 days before any resumption of
United States involvement in counter-narcotic flights and a force-down
program that continues to permit the ability of the Peruvian Air Force
to shoot down aircraft, that the force-down program will include enhanced
safeguards and procedures to prevent the occurrence of any incident similar
to the April 20, 2001, incident.
...
LIMITATION ON ASSISTANCE
TO SECURITY FORCES
SEC. 555. 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.
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