To increase assistance to combat HIV/AIDS.

[[Page S13211]]
TEXT OF AMENDMENTS

SA 1965. Mr. McCONNELL (for himself and Mr. Leahy) submitted an
amendment intended to be proposed by him to the bill H.R. 2800, making
appropriations for foreign operations, export financing, and related
programs for the fiscal year ending September 30, 2004, and for other
purposes; as follows:

Strike all after the enacting clause and insert the
following:

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2004, and for other purposes, namely:

TITLE I--EXPORT AND INVESTMENT ASSISTANCE

Export-Import Bank of the United States

INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK

For necessary expenses of the Office of Inspector General
of the Export-Import Bank of the United States in carrying
out the provisions of the Inspector General Act of 1978, as
amended, $1,000,000.

export-import bank loans program account

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: Provided further, That
notwithstanding section 1(c) of Public Law 103-428, as
amended, sections 1(a) and (b) of Public Law 103-428 shall
remain in effect through October 1, 2004.

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, $74,395,000: Provided, That the Export-Import Bank
may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical
services in connection with any transaction for which an
application for a loan, guarantee or insurance commitment has
been made: Provided further, That, notwithstanding subsection
(b) of section 117 of the Export Enhancement Act of 1992,
subsection (a) thereof shall remain in effect until October
1, 2004.

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 $41,385,000: 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

For the cost of direct and guaranteed loans, $24,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Non-Credit Account: 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 be available
for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2004 and 2005: Provided
further, That such sums shall remain available through fiscal
year 2012 for the disbursement of direct and guaranteed loans
obligated in fiscal year 2004, and through fiscal year 2013
for the disbursement of direct and guaranteed loans obligated
in fiscal year 2005.
In addition, 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.

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,
$50,000,000, to remain available until September 30, 2005.

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, 2004,
unless otherwise specified herein, as follows:

united states agency for international development

child survival and health programs fund

(including transfer of funds)

For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for child survival, health, and family planning/
reproductive health activities, in addition to funds
otherwise available for such purposes, $1,435,500,000, to
remain available until September 30, 2005: 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 activities: Provided further, That of the
funds appropriated under this heading, not to exceed
$150,000, 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:
$345,000,000 for child survival and maternal health;
$30,000,000 for vulnerable children; $500,000,000 for HIV/
AIDS including not less than $22,000,000 which should be made
available to support the development of microbicides as a
means for combating HIV/AIDS; $185,000,000 for other
infectious diseases; and $375,500,000 for family planning/
reproductive health, including in areas where population
growth threatens biodiversity or endangered species: Provided
further, That of the funds appropriated under this heading
that are available for HIV/AIDS programs and activities,
$18,000,000 should be made available for the International
AIDS Vaccine Initiative: Provided further, That of the funds
appropriated under this heading, $60,000,000 should be made
available for a United States contribution to The Vaccine
Fund, and up to $6,000,000 may be transferred to and merged
with funds appropriated by this Act under the heading
``Operating Expenses of the United States Agency for
International Development'' for costs directly related to
international health, but funds made available for such costs
may not be derived from amounts made available for
contribution under this and the preceding proviso: Provided
further, 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, 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

[[Page S13212]]

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; 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 Administrator
shall submit to the Committees on Appropriations 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: Provided further, That to the
maximum extent feasible, taking into consideration cost,
timely availability, and best health practices, funds
appropriated in this Act or prior appropriations Acts that
are made available for condom procurement shall be made
available only for the procurement of condoms manufactured in
the United States: Provided further, That information
provided about the use of condoms as part of projects or
activities that are funded from amounts appropriated by this
Act shall be medically accurate and shall include the public
health benefits and failure rates of such use.

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, $1,423,000,000, to remain
available until September 30, 2005: Provided, That none of
the funds appropriated under title II of this Act that are
managed by or allocated to the United States Agency for
International Development's Global Development Secretariat,
may be made available except through the regular notification
procedures of the Committees on Appropriations: Provided
further, That $220,000,000 should be allocated for 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 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,
$40,000,000 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 $1,000,000 shall be made available for support
of the United States Telecommunications Training Institute:
Provided further, That of the funds appropriated under this
heading, not less than $20,000,000 should be made available
for the American Schools and Hospitals Abroad program:
Provided further, That of the funds appropriated under this
heading, up to $3,000,000 should be made available for
support of the International Real Property Foundation:
Provided further, That of the funds appropriated by this Act,
$100,000,000 shall be made available for drinking water
supply projects and related activities.

international disaster assistance

For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, as
amended, $235,500,000, to remain available until expended.

Famine Fund

For necessary expenses for famine prevention and relief,
including for mitigation of the effects of famine, pursuant
to section 491 of the Foreign Assistance Act of 1961, as
amended, $100,000,000, to remain available until expended:
Provided, That funds appropriated under this heading shall be
available for obligation subject to prior consultation with
the Committees on Appropriations.

transition initiatives

For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961,
$55,000,000, to remain available until expended, to support
transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include
assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided
further, That the United States Agency for International
Development shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new
program of assistance.

development credit authority

(including transfer of funds)

For the cost of direct loans and loan guarantees, as
authorized by sections 108 and 635 of the Foreign Assistance
Act of 1961, up to $21,000,000, to remain available until
September 30, 2005, and to be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and
under the heading ``Assistance for Eastern Europe and the
Baltic States'': Provided, That such costs shall be as
defined in section 502 of the Congressional Budget Act of
1974, as amended.
In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $8,000,000, to remain available
until September 30, 2004, which may be transferred to and
merged with the appropriation for Operating Expenses of the
United States Agency for International Development.

payment to the foreign service retirement and disability fund

For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act
of 1980, $43,859,000.

operating expenses of the united states agency for international
development

For necessary expenses to carry out the provisions of
section 667, $604,100,000, of which up to $25,000,000 may
remain available until September 30, 2005: Provided, That
none of the funds appropriated under this heading and under
the heading ``Capital Investment Fund'' may be made available
to finance the construction (including architect and
engineering services), purchase, or long term lease of
offices for use by the United States Agency for International
Development, unless the Administrator has identified such
proposed construction (including architect and engineering
services), purchase, or long term lease of offices in a
report submitted to the Committees on Appropriations at least
15 days prior to the obligation of these funds for such
purposes: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may
entail commitments for the expenditure of such funds through
fiscal year 2005: Provided further, That the previous proviso
shall not apply where the total cost of construction
(including architect and engineering services), purchase, or
long term lease of offices does not exceed $1,000,000.

Capital investment fund

For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667, $100,000,000, to remain available
until expended: Provided, That this amount is in addition to
funds otherwise available for such purposes: Provided
further, That the Administrator of the United States Agency
for International Development shall assess fair and
reasonable rental payments for the use of space by employees
of other United States Government agencies in buildings
constructed using funds appropriated under this heading, and
such rental payments shall be deposited into this account as
an offsetting collection: Provided further, That the rental
payments collected pursuant to the previous proviso and
deposited as an offsetting collection shall be available for
obligation only pursuant to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the assignment of United States Government
employees or contractors to space in buildings constructed
using funds appropriated under this heading shall be subject
to the concurrence of the Administrator of the United States
Agency for International Development: Provided further, That
funds appropriated under this heading shall be available for
obligation only pursuant to the regular notification
procedures of the Committees on Appropriations.

operating expenses of the united states agency for international
development office of inspector general

For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$35,000,000, to remain available until September 30, 2005,
which sum shall be available for the Office of the Inspector
General of the United States Agency for International
Development.

Other Bilateral Economic Assistance

economic support fund

For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,415,000,000, to remain available
until September 30, 2005: Provided, That of the funds
appropriated under this heading, not less than $480,000,000
shall be available only for Israel, which sum shall be
available on a grant basis as a cash transfer and shall be
disbursed within 30 days of the enactment of this Act:
Provided further, That not less than $575,000,000 shall be
available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance shall
be provided with the understanding

[[Page S13213]]

that Egypt will undertake significant economic reforms which
are additional to those which were undertaken in previous
fiscal years, and of which not less than $200,000,000 shall
be provided as Commodity Import Program assistance: Provided
further, That for fiscal year 2004, the Egyptian pound
equivalent of $50,000,000 generated from funds made available
by this paragraph or generated from funds appropriated under
this heading in prior appropriations Acts, shall be made
available to the United States pursuant to the United States-
Egypt Economic, Technical and Related Assistance Agreements
of 1978, for costs associated with the relocation of the
American University in Cairo: Provided further, That in
exercising the authority to provide cash transfer assistance
for Israel, the President shall ensure that the level of such
assistance does not cause an adverse impact on the total
level of nonmilitary exports from the United States to such
country and that Israel enters into a side letter agreement
in an amount proportional to the fiscal year 1999 agreement:
Provided further, That of the funds appropriated under this
heading, not less than $250,000,000 shall be made available
for assistance for Jordan: Provided further, That of the
funds appropriated under this heading, up to $5,000,000 may
be made available for the Yitzhak Rabin Center for Israel
Studies in Tel Aviv, Israel, and up to $5,000,000 may be made
available for the Center for Human Dignity Museum of
Tolerance in Jerusalem, Israel: Provided further, That of the
funds appropriated under this heading, up to $1,000,000
should be used to further legal reforms in the West Bank and
Gaza, including judicial training on commercial disputes and
ethics: Provided further, That of the funds appropriated
under this heading that are made available for assistance for
Pakistan, not less than $10,000,000 should be made available
to support programs and activities conducted by indigenous
organizations that seek to further educational, health,
employment, and other opportunities for the people of
Pakistan: Provided further, That of the funds made available
for indigenous organizations pursuant to the previous
proviso, $4,000,000 should be made available for the Pakistan
Human Development Fund and $1,000,000 for the Amanut Society:
Provided further, That $15,000,000 of the funds appropriated
under this heading shall be made available for Cyprus to be
used only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed
at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two
communities on Cyprus: Provided further, That $35,000,000 of
the funds appropriated under this heading shall be made
available for assistance for Lebanon, of which not less than
$4,000,000 shall be made available only for American
educational institutions for scholarships and other programs:
Provided further, That notwithstanding section 634(a) of this
Act, funds appropriated under this heading that are made
available for assistance for the Central Government of
Lebanon shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the Government of Lebanon should enforce the
custody and international pickup orders, issued during
calendar year 2001, of Lebanon's civil courts regarding
abducted American children in Lebanon: Provided further, That
of the funds appropriated under this heading, not less than
$25,000,000 shall be made available for assistance for the
Democratic Republic of Timor-Leste to support subsistence
agriculture and other income generating opportunities, expand
basic education and vocational training, strengthen the
judiciary, promote good governance and the sustainable use of
natural resources, and improve health care and other basic
human services and physical infrastructure: Provided further,
That of the funds appropriated under this heading, not less
than $250,000 shall be made available to support the
Commission to Investigate Illegal Groups and Clandestine
Security Apparatus in Guatemala: Provided further, That of
the funds appropriated under this heading, not less than
$2,500,000 shall be made available for assistance for
countries to implement and enforce the Kimberley Process
Certification Scheme: Provided further, That funds
appropriated under this heading may be used, notwithstanding
any other provision of law, to provide assistance to the
National Democratic Alliance of Sudan to strengthen its
ability to protect civilians from attacks, slave raids, and
aerial bombardment by the Sudanese Government forces and its
militia allies, and the provision of such funds shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That in the
previous proviso, the term ``assistance'' includes non-
lethal, non-food aid such as blankets, medicine, fuel, mobile
clinics, water drilling equipment, communications equipment
to notify civilians of aerial bombardment, non-military
vehicles, tents, and shoes: Provided further, That of the
funds appropriated under this heading, not less than
$2,500,000 shall be made available during fiscal year 2004
for a contribution to the Special Court for Sierra Leone:
Provided further, That of the funds appropriated under this
heading, not less than $3,500,000 should be made available
for East Asia and Pacific Environment Initiatives: Provided
further, That of the funds appropriated under this heading,
$10,000,000 shall be made available to continue to support
the provision of wheelchairs for needy persons in developing
countries: Provided further, That of the funds appropriated
under this heading, $3,000,000 should be made available for
the Foundation for Security and Sustainability: Provided
further, That with respect to funds appropriated under this
heading in this Act or prior Acts making appropriations for
foreign operations, export financing, and related programs,
the responsibility for policy decisions and justifications
for the use of such funds, including whether there will be a
program for a country that uses those funds and the amount of
each such program, shall be the responsibility of the
Secretary of State and the Deputy Secretary of State and this
responsibility shall not be delegated.

GLOBAL AIDS INITIATIVE

For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $700,000,000, to
remain available until expended: Provided, That of the funds
appropriated under this heading, up to $250,000,000 may be
made available, notwithstanding any other provision of law,
for a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria: Provided further, That such
contribution shall be expended at the minimum rate necessary
to make timely payment for projects and activities: Provided
further, That of the funds appropriated under this heading,
$150,000,000 is made available for the International Mother
and Child HIV Prevention Initiative: Provided further, That
funds made available for HIV/AIDS programs and activities
under the headings ``Child Survival and Health Programs
Fund'', ``Economic Support Fund'', ``Assistance for Eastern
Europe and the Baltic States'' and ``Assistance for the
Independent States of the Former Soviet Union'' in this Act
may be transferred to and merged with funds appropriated
under this heading: Provided further, That of the funds
appropriated under this heading, $20,000,000 may be
apportioned directly to the Peace Corps to remain available
until expended for necessary expenses to carry out activities
to combat HIV/AIDS, tuberculosis and malaria: Provided
further, That of the funds appropriated under this heading,
not more than $8,000,000 may be made available for
administrative expenses of the office of the ``Coordinator of
United States Government Activities to Combat HIV/AIDS
Globally'' of the Department of State.

assistance for eastern europe and the baltic states

(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $445,000,000, to
remain available until September 30, 2005, which shall be
available, notwithstanding any other provision of law, for
assistance and for related programs for Eastern Europe and
the Baltic States: Provided, That of the funds appropriated
under this heading that are made available for assistance for
Bulgaria, $3,000,000 should be made available to enhance
safety at nuclear power plants: Provided further, That of the
funds appropriated under this heading, up to $1,000,000
should be made available for a program to promote greater
understanding and interaction among youth in Albania, Kosovo,
Montenegro and Macedonia: Provided further, That of the funds
appropriated under this heading, and under the headings
``Assistance for the Independent States of the Former Soviet
Union'' and ``Economic Support Fund'', not less than
$50,000,000 shall be made available for programs for the
prevention, treatment, and control of, and research on, HIV/
AIDS, tuberculosis, and malaria.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for
an Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the Fund's disbursement of such
funds for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States
and without further appropriation by the Congress. Funds made
available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects
and activities.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
(d) With regard to funds appropriated under this heading
for the economic revitalization program in Bosnia and
Herzegovina, and local currencies generated by such funds
(including the conversion of funds appropriated under this
heading into currency used by Bosnia and Herzegovina as local
currency and local currency returned or repaid under such
program) the Administrator of the United States Agency for
International Development shall provide written approval for
grants and loans prior to the obligation and expenditure of
funds for such purposes, and prior to the use of funds that
have been returned or repaid to any lending facility or
grantee.
(e) The provisions of section 629 of this Act shall apply
to funds made available under subsection (d) and to funds
appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the
application of section 629 of this Act, local currencies
generated by, or

[[Page S13214]]

converted from, funds appropriated by this Act and by
previous appropriations Acts and made available for the
economic revitalization program in Bosnia may be used in
Eastern Europe and the Baltic States to carry out the
provisions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy (SEED) Act of 1989.
(f) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not
complied with article III of annex 1-A of the General
Framework Agreement for Peace in Bosnia and Herzegovina
concerning the withdrawal of foreign forces, and that
intelligence cooperation on training, investigations, and
related activities between state sponsors of terrorism and
terrorist organizations and Bosnian officials has not been
terminated.

assistance for the independent states of the former soviet union

(a) For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $596,000,000, to remain available until September
30, 2005: Provided, That the provisions of such chapters
shall apply to funds appropriated by this paragraph: Provided
further, That of the funds made available for the Southern
Caucasus region, notwithstanding any other provision of law,
funds may be used for confidence-building measures and other
activities in furtherance of the peaceful resolution of the
regional conflicts, especially those in the vicinity of
Abkhazia and Nagorno-Karabagh: Provided further, That of the
funds appropriated under this heading, $20,000,000 shall be
made available solely for assistance for the Russian Far
East: Provided further, That not less than $3,000,000 shall
be made available for programs and activities authorized
under section 307 of the FREEDOM Support Act (Public Law 102-
511): Provided further, That, notwithstanding any other
provision of law, funds appropriated under this heading in
this Act or prior Acts making appropriations for foreign
operations, export financing, and related programs, that are
made available pursuant to the provisions of section 807 of
Public Law 102-511 shall be subject to a 6 percent ceiling on
administrative expenses.
(b) Of the funds appropriated under this heading that are
made available for assistance for Ukraine, not less than
$20,000,000 shall be made available for nuclear reactor
safety initiatives, of which $14,000,000 should be for
simulator-related projects; and not less than $2,000,000
shall be made available for coal mine safety programs.
(c) Of the funds appropriated under this heading,
$75,000,000 should be made available for assistance for
Georgia.
(d) Of the funds appropriated under this heading, not less
than $75,000,000 shall be made available for assistance for
Armenia.
(e)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government of the
Russian Federation, 60 percent shall be withheld from
obligation until the President determines and certifies in
writing to the Committees on Appropriations that the
Government of the Russian Federation:
(A) has terminated implementation of arrangements to
provide Iran with technical expertise, training, technology,
or equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of trafficking
in persons; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM
Support Act.
(f) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.

Independent Agencies

INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$16,334,000, to remain available until September 30, 2005.

AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of
1980, Public Law 96-533, $18,689,000, to remain available
until September 30, 2005: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the board of directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of
the African Development Foundation Act, in exceptional
circumstances the board of directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project: Provided further, That the Foundation
shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.

peace corps

For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $310,000,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 2005: Provided further, That
during fiscal year 2004 and any subsequent fiscal year, the
Director of the Peace Corps may make appointments or
assignments, or extend current appointments or assignments,
to permit United States citizens to serve for periods in
excess of 5 years in the case of individuals whose
appointment or assignment, such as regional safety security
officers and employees within the Office of the Inspector
General, involves the safety of Peace Corps volunteers:
Provided further, That the Director of the Peace Corps may
make such appointments or assignments notwithstanding the
provisions of section 7 of the Peace Corps Act limiting the
length of an appointment or assignment, the circumstances
under which such an appointment or assignment may exceed 5
years, and the percentage of appointments or assignments that
can be made in excess of 5 years.

Department of State

international narcotics control and law enforcement

For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $284,550,000, to remain
available until expended: Provided, That during fiscal year
2004, 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, $20,000,000 should
be made available for anti-trafficking in persons programs,
including trafficking prevention, protection and assistance
for victims, and prosecution of traffickers: Provided
further, That of the funds appropriated under this heading,
$7,105,000 should be made available for the International Law
Enforcement Academy in Roswell, New Mexico: Provided further,
That of the funds appropriated under this heading, not more
than $25,117,000 may be available for administrative
expenses.

andean counterdrug initiative

For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support counterdrug
activities in the Andean region of South America,
$660,000,000, to remain available until expended: Provided,
That in addition to the funds appropriated under this heading
and subject to the regular notification procedures of the
Committees on Appropriations, the President may make
available up to an additional $37,000,000 for the Andean
Counterdrug Initiative, which may be derived from funds
appropriated under the heading ``International Narcotics
Control and Law Enforcement'' in this Act and in prior Acts
making appropriations for foreign operations, export
financing, and related programs: Provided further, That in
fiscal year 2004, funds available to the Department of State
for assistance to the Government of Colombia shall be
available to support a unified campaign against narcotics
trafficking, against activities by organizations designated
as terrorist organizations such as the Revolutionary Armed
Forces of Colombia (FARC), the National Liberation Army
(ELN), and the United Self-Defense Forces of Colombia (AUC),
and to take actions to protect human health and welfare in
emergency circumstances, including undertaking rescue
operations: Provided further, That this authority shall cease
to be effective if the Secretary of State has credible
evidence that the Colombian Armed Forces are not conducting
vigorous operations to restore government authority and
respect for human rights in areas under the effective control
of paramilitary and guerrilla organizations: 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 the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall

[[Page S13215]]

provide to the Committees on Appropriations not later than 45
days after the date of the enactment of this Act and prior to
the initial obligation of funds appropriated under this
heading, a report on the proposed uses of all funds under
this heading on a country-by-country basis for each proposed
program, project, or activity: Provided further, That of the
funds appropriated under this heading, not less than
$250,000,000 shall be apportioned directly to the United
States Agency for International Development, to be used for
alternative development/institution building including
judicial reform, of which not less than $165,000,000 shall be
made available for such purposes in Colombia: Provided
further, That of the funds appropriated under this heading,
not less than $25,000,000 shall be made available for
judicial reform in Colombia: Provided further, That of the
funds appropriated under this heading, in addition to funds
made available pursuant to the previous proviso, not less
than $2,500,000 shall be made available to protect human
rights defenders in Colombia, not less than $2,500,000 shall
be made available for the United Nations Office of the High
Commissioner for Human Rights in Colombia, not less than
$10,000,000 shall be made available for assistance for the
Colombian Attorney General's Human Rights Unit, and not less
than $2,500,000 shall be made available for assistance for
the human rights unit of the Colombian Procuraduria: Provided
further, That not more than 20 percent of the funds
appropriated by this Act that are used for the procurement of
chemicals for aerial coca and poppy fumigation programs may
be made available for such programs unless the Secretary of
State, after consultation with the Administrator of the
Environmental Protection Agency (EPA), certifies to the
Committees on Appropriations that: (1) the herbicide mixture
is being used in accordance with EPA label requirements for
comparable use in the United States and any additional
controls recommended by the EPA for this program, and with
the Colombian Environmental Management Plan for aerial
fumigation; (2) the herbicide mixture, in the manner it is
being used, does not pose unreasonable risks or adverse
effects to humans or the environment; (3) complaints of harm
to health or licit crops caused by such fumigation are
evaluated and fair compensation is being paid for meritorious
claims; and such funds may not be made available for such
purposes unless programs are being implemented by the United
States Agency for International Development, the Government
of Colombia, or other organizations, in consultation with
local communities, to provide alternative sources of income
in areas where security permits for small-acreage growers
whose illicit crops are targeted for fumigation: 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, and funds appropriated by this Act that
are made available for Colombia, shall be made available
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
provisions of section 3204(b) through (d) of Public Law 106-
246, as amended by Public Law 107-115, shall be applicable to
funds appropriated for fiscal year 2004: Provided further,
That no United States Armed Forces personnel or United States
civilian contractor employed by the United States will
participate in any combat operation in connection with
assistance made available by this Act for Colombia: Provided
further, That funds appropriated under this heading that are
available for the Bolivian military and police may be made
available if the Secretary of State determines and reports to
the Committees on Appropriations that (1) the Bolivian
Government is vigorously investigating and prosecuting
members of the Bolivian military and police who have been
credibly alleged to have committed gross violations of human
rights and is promptly punishing those found to have
committed such violations; and (2) the Bolivian military and
police are cooperating with such investigations and
prosecutions: Provided further, That of the funds
appropriated under this heading, not more than $16,285,000
may be available for administrative expenses of the
Department of State, and not more than $4,500,000 may be
available, in addition to amounts otherwise available for
such purposes, 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, $760,197,000,
which shall remain available until expended: Provided, That
not more than $18,500,000 may be available for administrative
expenses: Provided further, That not less than $50,000,000 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:
Provided further, That funds appropriated under this heading
may be made available for a headquarters contribution to the
International Committee of the Red Cross only if the
Secretary of State determines (and so reports to the
appropriate committees of Congress) that the Magen David Adom
Society of Israel is not being denied participation in the
activities of the International Red Cross and Red Crescent
Movement: Provided further, That funds made available under
this heading should be made available to international
organizations for assistance for refugees from North Korea:
Provided further, That funds made available under this
heading should be made available for assistance for persons
in Thailand who fled Burma for humanitarian or other reasons:
Provided further, That none of the funds appropriated by this
Act shall be provided to the central Government of Nepal
until the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Nepal is
cooperating with the United Nations High Commissioner for
Refugees and other appropriate international organizations on
issues concerning the protection of refugees from Tibet.

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. 2601(c)), $40,000,000, to remain
available until expended.

nonproliferation, anti-terrorism, demining and related programs

For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$385,200,000, 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, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution
to the International Atomic Energy Agency (IAEA), and for a
United States contribution to the Comprehensive Nuclear Test
Ban Treaty Preparatory Commission: Provided, That of this
amount not to exceed $35,000,000, 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: 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,
$19,300,000 shall be made available for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission: Provided further, That
notwithstanding the previous proviso, funds earmarked in the
previous proviso that are not made available during fiscal
year 2004 for a contribution to the Comprehensive Nuclear
Test Ban Treaty Preparatory Commission shall be made
available for a voluntary contribution to the International
Atomic Energy Agency and shall remain available until
September 30, 2005: Provided further, That of the funds made
available for demining and related activities, not to exceed
$690,000, 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 the Secretary of State is authorized
to provide not to exceed $250,000 for public-private
partnerships for mine action by grant, cooperative agreement,
or contract.

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),
$12,000,000, to remain available until September 30, 2006,
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

[[Page S13216]]

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,
$195,000,000, to remain available until expended: Provided,
That not less than $20,000,000 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:
Provided further, That $75,000,000 of the funds appropriated
under this heading 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--
(1) 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 institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave''
loans; and
(2) 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 Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically
elected government has taken office.

TITLE III--MILLENNIUM CHALLENGE ASSISTANCE

Funds Appropriated to the President

MILLENNIUM CHALLENGE ASSISTANCE

(a) For necessary expenses in furtherance of the purposes
applicable to the provision of economic assistance under the
Foreign Assistance Act of 1961, up to $1,000,000,000, to
remain available until expended, for assistance for countries
that have demonstrated commitment to (1) just and democratic
governance, (2) economic freedom, and (3) investing in the
well-being of their own people.
(b) In addition to meeting the criteria contained in
subsection (a), a country shall be eligible to receive
assistance under this title if--
(1) it is eligible to receive loans from the International
Development Association; and
(2) it is not ineligible to receive assistance under
provisions of law that would prohibit assistance under part I
of the Foreign Assistance Act of 1961.
(c) Prior to the initial obligation of funds appropriated
in subsection (a), the President shall consult with the
Committees on Appropriations with regard to the--
(1) criteria that will be used to select the countries to
receive assistance from funds appropriated under this
heading;
(2) inter-agency process by which such criteria have been
developed and plans to continually refine those criteria;
(3) plans to ensure effective program, financial, and
management oversight of the assistance provided under this
heading; and
(4) plans to evaluate program performance.
(d) Among the criteria to be considered in determining the
eligibility of a country for assistance under this title
shall be a country's demonstrated commitment to economic
policies that promote the sustainable use of natural
resources.
(e) The President is authorized to establish within the
Executive Branch, a corporation to be known as the Millennium
Challenge Corporation (hereinafter in this title referred to
as the ``Corporation''). It shall be the responsibility of
the Corporation to implement this title. The management of
the Corporation and its functions, powers, and authorities
shall be as contained in title II of S. 1240 as introduced in
the Senate on June 11, 2003.
(f) Funds appropriated under this title may be made
available notwithstanding any other provision of law other
than the provisions of this title, and may be made available
for the administrative expenses of the Corporation.
(g) Funds appropriated under this title shall be available
for obligation only pursuant to the regular notification
procedures of the Committees on Appropriations.

TITLE IV--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,
$91,700,000, of which up to $3,000,000 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 Guatemala may only be available for expanded
international military education and training, and funds made
available for Algeria, Cambodia, Nigeria and Guatemala may
only be provided through the regular notification procedures
of the Committees on Appropriations.

foreign military financing program

(including transfer of funds)

For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,384,000,000: Provided, That of the funds
appropriated under this heading, not less than $2,160,000,000
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: 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 $568,000,000 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,
$206,000,000 shall be made available for assistance for
Jordan: Provided further, That of the funds appropriated by
this paragraph, $2,500,000 shall be made available for
assistance for Armenia: Provided further, That of the funds
appropriated by this paragraph, $15,000,000 shall be
transferred to and merged with funds appropriated under the
heading ``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'', and made available, in addition to
amounts otherwise available for such purposes, as follows:
$10,000,000, to remain available until expended, shall be
made available to carry out the provisions of section 504 of
the FREEDOM Support Act for the Nonproliferation and
Disarmament Fund, notwithstanding any other provision of law,
to promote bilateral and multilateral activities relating to
nonproliferation and disarmament; $2,000,000 shall be made
available to carry out the provisions of chapter 8 of part II
of the Foreign Assistance Act of 1961 for the Small Arms/
Light Weapons Destruction program; and $3,000,000 shall be
made available as an additional contribution to the
International Atomic Energy Agency: Provided further, That of
the funds appropriated by this paragraph, not less than
$17,000,000 shall be transferred to and merged with funds
appropriated under the heading ``Andean Counterdrug
Initiative'' and made available for aircraft and related
assistance for the Colombian National Police: 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

[[Page S13217]]

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 615 of this Act: Provided further, That
none of the funds appropriated under this heading shall be
available for assistance for Sudan, Guatemala 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 the authority contained in the
previous proviso or any other provision of law relating to
the use of funds for programs under this heading, including
provisions contained in previously enacted appropriations
Acts, shall not apply to activities relating to the clearance
of unexploded ordnance resulting from United States Armed
Forces testing or training exercises: Provided further, That
the previous proviso shall not apply to San Jose Island,
Republic of Panama: 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 $40,500,000 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
$361,000,000 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 2004 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 2004 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.

peacekeeping operations

For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$84,900,000: Provided, That none of the funds appropriated
under this heading shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.

TITLE V--MULTILATERAL ECONOMIC ASSISTANCE

funds appropriated to the president

international financial institutions

global environment facility

For the United States contribution for the Global
Environment Facility, $170,997,000 to the International Bank
for Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.

contribution to the international development association

For payment to the International Development Association by
the Secretary of the Treasury, $976,825,000, to remain
available until expended.

contribution to the multilateral investment guarantee agency

For payment to the Multilateral Investment Guarantee Agency
by the Secretary of the Treasury, $1,124,000, for the United
States paid-in share of the increase in capital stock, to
remain available until expended.

limitation on callable capital subscriptions

The United States Governor of the Multilateral Investment
Guarantee Agency may subscribe without fiscal year limitation
for the callable capital portion of the United States share
of such capital stock in an amount not to exceed $16,340,000.

Contribution to the Inter-American Investment Corporation

For payment to the Inter-American Investment Corporation,
by the Secretary of the Treasury, $8,898,000, for the United
States share of the increase in subscriptions to capital
stock, to remain available until expended.

contribution to the enterprise for the americas multilateral investment
fund

For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $30,614,000, to
remain available until expended.

contribution to the asian development fund

For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian
Development Fund, as authorized by the Asian Development Bank
Act, as amended, $136,921,000, to remain available until
expended.

Contribution to the African Development Bank

For payment to the African Development Bank by the
Secretary of the Treasury, $5,105,000, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.

limitation on callable capital subscriptions

The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $79,610,000.

contribution to the african development fund

For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $118,081,000, to remain available until
expended.

contribution to the european bank for reconstruction and development

For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $35,431,000,
for the United States share of the paid-in portion of the
increase in capital stock, to remain available until
expended.

limitation on callable capital subscriptions

The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$122,085,000.

contribution to the international fund for agricultural development

For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $15,004,000, to remain
available until expended.

international organizations and programs

For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $314,550,000: Provided, That of
the funds appropriated under this heading, $120,000,000 shall
be made available for a contribution to the United Nations
Children's Fund, $11,428,500 shall be made available for a
contribution to the United Nations Environment Program,
$5,465,875 shall be made available for the United Nations
Voluntary Fund for Victims of Torture, $3,621,250 shall be
made available for the Organization of American States Fund
for Strengthening Democracy, $1,937,975 shall be made
available for International Contributions for Scientific,
Educational and Cultural Activities, $1,000,000 shall be made
available for the United Nations Center for Human
Settlements, $1,500,000 shall be made available for the
United Nations Fund for Human Rights, $6,732,750 shall be
made available for International Conservation Programs, and
$5,600,000 shall be made available for the Intergovernmental
Panel on Climate Change/United Nations Framework Convention
on Climate Change: Provided further, That none of the funds
appropriated under this heading may be made available to the
International Atomic Energy Agency (IAEA).

TITLE VI--GENERAL PROVISIONS

obligations during last month of availability

Sec. 601. Except for the appropriations entitled
``International Disaster Assistance'' and ``United States
Emergency Refugee and Migration Assistance Fund'', not more
than 15 percent of any appropriation item made available by
this Act shall be obligated during the last month of
availability.

private and voluntary organizations

Sec. 602. (a) None of the funds appropriated or otherwise
made available by this Act for development assistance may be
made available to any United States private and voluntary
organization, except any cooperative development
organization, which obtains less than 20 percent of its total
annual funding for international activities from sources
other than the United States Government: Provided, That the
Administrator of the United States Agency for International
Development, after informing the Committees on
Appropriations, may, on a case-by-case basis, waive the
restriction contained in this subsection, after taking into
account the effectiveness of the overseas development
activities of the organization, its level of volunteer
support, its financial viability and stability, and the
degree of its dependence for its financial support on the
agency.
(b) Funds appropriated or otherwise made available under
title II of this Act should be made available to private and
voluntary organizations at a level which is at least
equivalent to the level provided in fiscal year 1995.

limitation on residence expenses

Sec. 603. Of the funds appropriated or made available
pursuant to this Act, not to exceed $100,500 shall be for
official residence expenses of the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned

[[Page S13218]]

foreign currencies are utilized in lieu of dollars.

limitation on expenses

Sec. 604. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the United States Agency for
International Development during the current fiscal year.

limitation on representational allowances

Sec. 605. Of the funds appropriated or made available
pursuant to this Act, not to exceed $125,000 shall be
available for representation allowances for the United States
Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken
to assure that, to the maximum extent possible, United
States-owned foreign currencies are utilized in lieu of
dollars: Provided further, That of the funds made available
by this Act for general costs of administering military
assistance and sales under the heading ``Foreign Military
Financing Program'', not to exceed $2,000 shall be available
for entertainment expenses and not to exceed $125,000 shall
be available for representation allowances: Provided further,
That of the funds made available by this Act under the
heading ``International Military Education and Training'',
not to exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the
funds made available by this Act for the Peace Corps, not to
exceed a total of $4,000 shall be available for entertainment
expenses: Provided further, That of the funds made available
by this Act under the heading ``Trade and Development
Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.

prohibition on financing nuclear goods

Sec. 606. None of the funds appropriated or made available
(other than funds for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'') pursuant to this Act, for
carrying out the Foreign Assistance Act of 1961, may be used,
except for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.

prohibition against direct funding for certain countries

Sec. 607. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Libya, North Korea, Iran, Sudan, or Syria: Provided, That,
for the purposes of section 501 of Public Law 106-570, the
terms ``areas outside of control of the Government of Sudan''
and ``area in Sudan outside of control of the Government of
Sudan'' shall, upon conclusion of a peace agreement between
the Government of Sudan and the Sudan People's Liberation
Movement, have the same meaning and application as was the
case immediately prior to the conclusion of such agreement:
Provided further, That for purposes of this section, the
prohibition on obligations or expenditures shall include
direct loans, credits, insurance and guarantees of the
Export-Import Bank or its agents.

military coups

Sec. 608. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to the government of any
country whose duly elected head of government is deposed by
decree or military coup: Provided, That assistance may be
resumed to such government if the President determines and
certifies to the Committees on Appropriations that subsequent
to the termination of assistance a democratically elected
government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to
promote democratic elections or public participation in
democratic processes: Provided further, That funds made
available pursuant to the previous provisos shall be subject
to the regular notification procedures of the Committees on
Appropriations.

transfers

Sec. 609. (a) Transfers Between Accounts.--None of the
funds made available by this Act may be obligated under an
appropriation account to which they were not appropriated,
except for transfers specifically provided for in this Act,
unless the President, not less than five days prior to the
exercise of any authority contained in the Foreign Assistance
Act of 1961 to transfer funds, consults with and provides a
written policy justification to the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) Audit of Inter-agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of
the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Office of
the Inspector General for the agency receiving the transfer
or allocation of such funds shall perform periodic program
and financial audits of the use of such funds: Provided, That
funds transferred under such authority may be made available
for the cost of such audits.

deobligation/reobligation authority

Sec. 610. Obligated balances of funds appropriated to carry
out section 23 of the Arms Export Control Act as of the end
of the fiscal year immediately preceding the current fiscal
year are, if deobligated, hereby continued available during
the current fiscal year for the same purpose under any
authority applicable to such appropriations under this Act:
Provided, That the authority of this section may not be used
in fiscal year 2004.

availability of funds

Sec. 611. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, 11, and 12 of part I, section
667, chapter 4 of part II of the Foreign Assistance Act of
1961, as amended, section 23 of the Arms Export Control Act,
and funds provided under the heading ``Assistance for Eastern
Europe and the Baltic States'', shall remain available for an
additional four years from the date on which the availability
of such funds would otherwise have expired, if such funds are
initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided
further, That, notwithstanding any other provision of this
Act, any funds made available for the purposes of chapter 1
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 which are allocated or obligated for cash
disbursements in order to address balance of payments or
economic policy reform objectives, shall remain available
until expended.

limitation on assistance to countries in default

Sec. 612. No part of any appropriation contained in this
Act shall be used to furnish assistance to the government of
any country which is in default during a period in excess of
one calendar year in payment to the United States of
principal or interest on any loan made to the government of
such country by the United States pursuant to a program for
which funds are appropriated under this Act unless the
President determines, following consultations with the
Committees on Appropriations, that assistance to such country
is in the national interest of the United States.

commerce and trade

Sec. 613. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any
loan, any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
American producers.

surplus commodities

Sec. 614. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United
States to oppose any assistance by these institutions, using
funds appropriated or made available pursuant to this Act,
for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.

notification requirements

Sec. 615. For the purposes of providing the executive
branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Child Survival

[[Page S13219]]

and Health Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'',
``Assistance for Eastern Europe and the Baltic States'',
``Assistance for the Independent States of the Former Soviet
Union'', ``Economic Support Fund'', ``Peacekeeping
Operations'', ``Capital Investment Fund'', ``Operating
Expenses of the United States Agency for International
Development'', ``Operating Expenses of the United States
Agency for International Development Office of Inspector
General'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Peace
Corps'', and ``Migration and Refugee Assistance'', shall be
available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations
not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of
these specific headings unless the Committees on
Appropriations of both Houses of Congress are previously
notified 15 days in advance: Provided, That the President
shall not enter into any commitment of funds appropriated for
the purposes of section 23 of the Arms Export Control Act for
the provision of major defense equipment, other than
conventional ammunition, or other major defense items defined
to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of
the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That this section shall not
apply to any reprogramming for an activity, program, or
project under chapter 1 of part I of the Foreign Assistance
Act of 1961 of less than 10 percent of the amount previously
justified to the Congress for obligation for such activity,
program, or project for the current fiscal year: Provided
further, That the requirements of this section or any similar
provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
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 Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after
taking 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.

limitation on availability of funds for international organizations and
programs

Sec. 616. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under
this Act or any previously enacted Act making appropriations
for foreign operations, export financing, and related
programs, which are returned or not made available for
organizations and programs because of the implementation of
section 307(a) of the Foreign Assistance Act of 1961, shall
remain available for obligation until September 30, 2005.

independent states of the former soviet union

Sec. 617. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet
Union--
(1) unless that government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, respect for commercial
contracts, and equitable treatment of foreign private
investment; and
(2) if that government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.

Assistance may be furnished without regard to this subsection
if the President determines that to do so is in the national
interest.
(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union
if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines
that to do so is in the national security interest of the
United States.
(c) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(d) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Georgia, and Ukraine shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be
subject to the provisions of section 117 (relating to
environment and natural resources) of the Foreign Assistance
Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts
that are or have been made available for an Enterprise Fund
in the Independent States of the Former Soviet Union may be
deposited by such Fund in interest-bearing accounts prior to
the disbursement of such funds by the Fund for program
purposes. The Fund may retain for such program purposes any
interest earned on such deposits without returning such
interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available
for Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
(g) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated in this Act or prior
appropriations Acts under the heading ``Assistance for the
Independent States of the Former Soviet Union'' and under
comparable headings in prior appropriations Acts, for
projects or activities that have as one of their primary
purposes the fostering of private sector development, the
Coordinator for United States Assistance to the New
Independent States and the implementing agency shall
encourage the participation of and give significant weight to
contractors and grantees who propose investing a significant
amount of their own resources (including volunteer services
and in-kind contributions) in such projects and activities.

PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION

Sec. 618. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations.

export financing transfer authorities

Sec. 619. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2004, for programs under title I of this Act may
be transferred between such appropriations for use for any of
the purposes, programs, and activities for which the funds in
such receiving account may be used, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the
Committees on Appropriations.

special notification requirements

Sec. 620. None of the funds appropriated by this Act shall
be obligated or expended for Colombia, Liberia, Serbia,
Sudan, Zimbabwe, Pakistan, or the Democratic Republic of the
Congo except as provided through the regular notification
procedures of the Committees on Appropriations.

definition of program, project, and activity

Sec. 621. For the purpose of this Act, ``program, project,
and activity'' shall be defined at the appropriations Act
account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic
Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered
to include country, regional, and central program level
funding within each such account; for the development
assistance accounts of the United States Agency for
International Development ``program, project, and activity''
shall also be considered to include central, country,
regional, and program level funding, either as: (1) justified
to the Congress; or (2) allocated by the executive branch in
accordance with a report, to be provided to the Committees on
Appropriations within 30 days of the enactment of this Act,
as required by section 653(a) of the Foreign Assistance Act
of 1961.

child survival and health activities

Sec. 622. Up to $15,500,000 of the funds made available by
this Act for assistance under the heading ``Child Survival
and Health Programs Fund'', may be used to reimburse United
States Government agencies, agencies of State governments,
institutions of

[[Page S13220]]

higher learning, and private and voluntary organizations for
the full cost of individuals (including for the personal
services of such individuals) detailed or assigned to, or
contracted by, as the case may be, the United States Agency
for International Development for the purpose of carrying out
activities under that heading: Provided, That up to
$3,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may
be used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out
other development assistance activities: Provided further,
That funds appropriated by this Act that are made available
for child survival activities or disease programs including
activities relating to research on, and the prevention,
treatment and control of, HIV/AIDS may be made available
notwithstanding any other provision of law: Provided further,
That funds appropriated under title II of this Act may be
made available pursuant to section 301 of the Foreign
Assistance Act of 1961 if a primary purpose of the assistance
is for child survival and related programs: Provided further,
That of the funds appropriated under title II of this Act,
not less than $445,000,000 shall be made available for family
planning/reproductive health.

afghanistan

Sec. 623. Of the funds appropriated by this Act,
$600,000,000 shall be made available for assistance for
Afghanistan, of which not less than $395,000,000 shall be
made available for humanitarian, reconstruction, and related
assistance: Provided, That of the funds made available
pursuant to this section, not less than $164,000,000 should
be from funds appropriated under the heading ``Economic
Support Fund'' for rehabilitation of primary roads,
implementation of the Bonn Agreement and women's development
programs: Provided further, That of the funds made available
pursuant to this section, not less than $4,500,000 shall be
made available for the Afghan Human Rights Commission and not
less than $2,500,000 shall be made available for the Afghan
Judicial Reform Commission: Provided further, That of the
funds made available pursuant to this section, not less than
$10,000,000 shall be made available to support activities of
the Afghan Ministry of Women's Affairs, including to improve
the capacity and effectiveness of the Ministry: Provided
further, That funds made available pursuant to this section
shall be made available for training and equipment to improve
the capacity of women-led Afghan nongovernmental
organizations and to support the activities of such
organizations: Provided further, That not less than
$2,500,000 shall be made available for assistance for Afghan
communities and families that suffer losses as a result of
the military operations.

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

Sec. 624. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees
pursuant to subsection (f) of that section: Provided, That
before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in
accordance with the regular notification procedures of such
Committees if such defense articles are significant military
equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required
elsewhere in this Act for the use of appropriated funds for
specific countries that would receive such excess defense
articles: Provided further, That such Committees shall also
be informed of the original acquisition cost of such defense
articles.

AUTHORIZATION REQUIREMENT

Sec. 625. Funds appropriated by this Act, except funds
appropriated under the headings ``Trade and Development
Agency'', ``International Military Education and Training'',
``Foreign Military Financing Program'', ``Migration and
Refugee Assistance'', ``Peace Corps'', ``Millennium Challenge
Assistance'', and ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', may be obligated and
expended notwithstanding section 10 of Public Law 91-672 and
section 15 of the State Department Basic Authorities Act of
1956.

democracy programs

Sec. 626. (a) Notwithstanding any other provision of law,
of the funds appropriated by this Act to carry out the
provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961, not less than $35,000,000 shall be made
available for assistance for activities to support democracy,
human rights, and the rule of law in the People's Republic of
China, Hong Kong and Tibet: Provided, That not to exceed
$3,000,000 may be made available to nongovernmental
organizations to support activities which preserve cultural
traditions and promote sustainable development and
environmental conservation in Tibetan communities in the
Tibetan Autonomous Region and in other Tibetan communities in
China: Provided further, That funds appropriated under the
heading ``Economic Support Fund'' should be made available
for assistance for Taiwan for the purposes of furthering
political and legal reforms: Provided further, That such
funds shall only be made available to the extent that they
are matched from sources other than the United States
Government: Provided further, That funds made available
pursuant to the authority of this subsection shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(b) In addition to the funds made available in subsection
(a), of the funds appropriated by this Act under the heading
``Economic Support Fund'' not less than $25,000,000 shall be
made available for programs and activities to foster
democracy, human rights, civic education, women's
development, press freedoms, and the rule of law in countries
with a significant Muslim population, and where such programs
and activities would be important to United States efforts to
respond to, deter, or prevent acts of international
terrorism: Provided, That funds made available pursuant to
the authority of this subsection should support new
initiatives or bolster ongoing programs and activities in
those countries: Provided further, That not less than
$3,000,000 of such funds shall be made available for programs
and activities that provide professional training for
journalists: Provided further, That notwithstanding any other
provision of law, funds made available pursuant to the
authority of this subsection may be made available to support
the advancement of democracy and human rights in Iran:
Provided further, That funds made available pursuant to this
subsection shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) Of the funds made available under subsection (a), not
less than $15,000,000 shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human
Rights and Labor, Department of State, to support the
activities described in subsection (a), and of the funds made
available under subsection (b), not less than $15,000,000
shall be made available for such Fund to support the
activities described in subsection (b): Provided, That funds
made available in this section for such Fund are in addition
to the $17,000,000 requested by the President for the Fund
for fiscal year 2004.
(d) Of the funds made available under subsection (a), not
less than $10,000,000 shall be made available for the
National Endowment for Democracy to support the activities
described in subsection (a), and of the funds made available
under subsection (b), not less than $5,000,000 shall be made
available for the National Endowment for Democracy to support
the activities described in subsection (b): Provided, That
the funds appropriated by this Act that are made available
for the National Endowment for Democracy may be made
available notwithstanding any other provision of law or
regulation, and the Secretary of State shall provide a report
to the Committees on Appropriations within 120 days of the
date of enactment of this Act on the status of the
allocation, obligation, and expenditure of such funds.

PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

Sec. 627. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under
any such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.

DEBT-FOR-DEVELOPMENT

Sec. 628. In order to enhance the continued participation
of nongovernmental organizations in economic assistance
activities under the Foreign Assistance Act of 1961,
including endowments, debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a
grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts funds made available under this Act or prior Acts or
local currencies which accrue to that organization as a
result of economic assistance provided under title II of this
Act and any interest earned on such investment shall be used
for the purpose for which the assistance was provided to that
organization.

SEPARATE ACCOUNTS

Sec. 629. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the United States
Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and

[[Page S13221]]

(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for
International Development and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--The United States Agency
for International Development shall take all necessary steps
to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the separate
account established pursuant to subsection (a)(1) are used
for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of
for such purposes as may be agreed to by the government of
that country and the United States Government.
(5) Reporting requirement.--The Administrator of the United
States Agency for International Development shall report on
an annual basis as part of the justification documents
submitted to the Committees on Appropriations on the use of
local currencies for the administrative requirements of the
United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used and/or to
be used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If
assistance is made available to the government of a foreign
country, under chapter 1 or 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate
account and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.

compensation for united states executive directors to international
financial institutions

Sec. 630. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while
the United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the
Asian Development Bank, the Asian Development Fund, the
African Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and
Development.

DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN
FEDERATION

Sec. 631. None of the funds appropriated under this Act may
be made available for the Government of the Russian
Federation, after 180 days from the date of the enactment of
this Act, unless the President determines and certifies in
writing to the Committees on Appropriations that the
Government of the Russian Federation has implemented no
statute, executive order, regulation or similar government
action that would discriminate, or who have as its principal
effect discrimination, against religious groups or religious
communities in the Russian Federation in violation of
accepted international agreements on human rights and
religious freedoms to which the Russian Federation is a
party.

authorities for the peace corps, inter-american foundation and african
development foundation

Sec. 632. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act. The agency shall promptly report to the
Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country
for which assistance is prohibited.

impact on jobs in the united states

Sec. 633. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States; or
(b) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That in
recognition that the application of this subsection should be
commensurate with the level of development of the recipient
country and sector, the provisions of this subsection shall
not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder
agriculture.

special authorities

Sec. 634. (a) Afghanistan, Pakistan, Lebanon, Montenegro,
Victims of War, Displaced Children, and Displaced Burmese.--
Funds appropriated by this Act that are made available for
assistance for Afghanistan may be made available
notwithstanding section 612 of this Act or any similar
provision of law and section 660 of the Foreign Assistance
Act of 1961, and funds appropriated in titles I and II of
this Act that are made available for Lebanon, Montenegro,
Pakistan, and for victims of war, displaced children, and
displaced Burmese, and to assist victims of trafficking in
persons and, subject to the regular notification procedures
of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding any other
provision of law.
(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose
of supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse
gas emissions: Provided, That such assistance shall be
subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Agricultural Trade Development and
Assistance Act of 1954, may be used by the United States
Agency for International Development to employ up to 25
personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded
overseas programs and activities managed by the agency until
permanent direct hire personnel are hired and trained:
Provided, That not more than 10 of such contractors shall be
assigned to any bureau or office: Provided further, That such
funds appropriated to carry out title II of the Agricultural
Trade Development and Assistance Act of 1954, may be made
available only for personal services contractors assigned to
the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of
section 1003 of Public Law 100-204 if the President
determines and certifies in writing to the Speaker of the
House of Representatives and the President pro tempore of the
Senate that it is important to the national security
interests of the United States.
(2) Period of application of waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(e) Contingencies.--During fiscal year 2004, the President
may use up to $50,000,000 under the authority of section 451
of the Foreign Assistance Act, notwithstanding the funding
ceiling in section 451(a).

[[Page S13222]]

(f) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development
may provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
(g) Shipment of Humanitarian Assistance.--During fiscal
year 2004, of the amounts made available by the United States
Agency for International Development to carry out the
provisions of section 123(b) of the Foreign Assistance Act of
1961, funds may be made available to nongovernmental
organizations for administrative costs necessary to implement
a program to obtain available donated space on commercial
ships for the shipment of humanitarian assistance overseas.
(h) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a
nation emerging from instability.
(i) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance of the
United States Agency for International Development, from this
or any other Act, not less than $6,000,000 shall be made
available as a general contribution to the World Food
Program, notwithstanding any other provision of law.

ARAB LEAGUE BOYCOTT OF ISRAEL

Sec. 635. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) the three Arab League countries with diplomatic and
trade relations with Israel should return their ambassadors
to Israel, should refrain from downgrading their relations
with Israel, and should play a constructive role in securing
a peaceful resolution of the Israeli-Arab conflict;
(4) the remaining Arab League states should normalize
relations with their neighbor Israel;
(5) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel and find concrete steps to demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and
(6) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.

administration of justice activities

Sec. 636. Of the funds appropriated or otherwise made
available by this Act for ``Economic Support Fund'',
assistance may be provided to strengthen the administration
of justice in countries in Latin America and the Caribbean
and in other regions consistent with the provisions of
section 534(b) of the Foreign Assistance Act of 1961, except
that programs to enhance protection of participants in
judicial cases may be conducted notwithstanding section 660
of that Act. Funds made available pursuant to this section
may be made available notwithstanding section 534(c) and the
second and third sentences of section 534(e) of the Foreign
Assistance Act of 1961.

eligibility for assistance

Sec. 637. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'':
Provided, That before using the authority of this subsection
to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations under the regular notification
procedures of those committees, including a description of
the program to be assisted, the assistance to be provided,
and the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2004, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act
of 1954: Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.

earmarks

Sec. 638. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with
the earmark is made impossible by operation of any provision
of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the United
States Agency for International Development that are
earmarked for particular programs or activities by this or
any other Act shall be extended for an additional fiscal year
if the Administrator of such agency determines and reports
promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant
change in circumstances makes it unlikely that such earmarked
funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are
continued available for an additional fiscal year shall be
obligated only for the purpose of such earmark.

ceilings and earmarks

Sec. 639. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such
Act specifically so directs. Earmarks or minimum funding
requirements or prohibitions contained in any other Act shall
not be applicable to funds appropriated by this Act.

prohibition on publicity or propaganda

Sec. 640. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $750,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.

prohibition of payments to united nations members

Sec. 641. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation
at international conferences held under the auspices of
multilateral or international organizations.

nongovernmental organizations--documentation

Sec. 642. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.

Prohibition on Assistance to Foreign Governments that Export Lethal
Military Equipment to Countries Supporting International Terrorism

Sec. 643. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
6(j) of the Export Administration Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
(c) Whenever the waiver authority of subsection (b) is
exercised, the President shall submit to the appropriate
congressional committees a report with respect to the
furnishing of such assistance. Any such report shall include
a detailed explanation of the assistance to be provided,
including the estimated dollar amount of such assistance, and

[[Page S13223]]

an explanation of how the assistance furthers United States
national interests.

withholding of assistance for parking fines owed by foreign countries

Sec. 644. Of the funds appropriated under this Act that are
made available for a foreign country under part I of the
Foreign Assistance Act of 1961, an amount equivalent to 110
percent of the total unpaid fines determined to be owed under
the parking programs in the District of Columbia and New York
City, New York by such country as of September 30, 2003 that
were incurred after the first day of the fiscal year
preceding the current fiscal year shall be withheld from
obligation for such country until the Secretary of State
certifies and reports in writing to the Committees on
Appropriations that such fines and penalties are fully paid
to the governments of the District of Columbia and New York
City, New York.

limitation on assistance for the plo for the west bank and gaza

Sec. 645. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of
Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided,
That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act
of 1995 or to suspend the prohibition under other
legislation, funds appropriated by this Act may not be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza.

war crimes tribunals drawdown

Sec. 646. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961, as amended, of up to
$30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the
former Yugoslavia by the United Nations Security Council or
such other tribunals or commissions as the Council may
establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2)
thereof: Provided, That the determination required under this
section shall be in lieu of any determinations otherwise
required under section 552(c): Provided further, That the
drawdown made under this section for any tribunal shall not
be construed as an endorsement or precedent for the
establishment of any standing or permanent international
criminal tribunal or court: Provided further, That funds made
available for tribunals other than Yugoslavia, Rwanda, or the
Special Court for Sierra Leone shall be made available
subject to the regular notification procedures of the
Committees on Appropriations.

landmines

Sec. 647. Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and
used in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe.

restrictions concerning the palestinian authority

Sec. 648. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a
new office of any department or agency of the United States
Government for the purpose of conducting official United
States Government business with the Palestinian Authority
over Gaza and Jericho or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply
to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States
and officials of the Palestinian Authority, or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles, for the purpose of conducting
official United States Government business with such
authority should continue to take place in locations other
than Jerusalem. As has been true in the past, officers and
employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.

prohibition of payment of certain expenses

Sec. 649. None of the funds appropriated or otherwise made
available by this Act under the heading ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Child Survival and Health Programs
Fund'', ``Development Assistance'', and ``Economic Support
Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.

TIBET

Sec. 650. The Secretary of Treasury should instruct the
United States executive director to each international
financial institution to use the voice and vote of the United
States to support projects in Tibet if such projects do not
provide incentives for the migration and settlement of non-
Tibetans into Tibet or facilitate the transfer of ownership
of Tibetan land and natural resources to non-Tibetans; are
based on a thorough needs-assessment; foster self-sufficiency
of the Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.

Haiti

Sec. 651. The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard.

limitation on assistance to the palestinian authority

Sec. 652. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives and the President pro
tempore of the Senate that waiving such prohibition is
important to the national security interests of the United
States and that the Palestinian Authority has taken steps to
arrest terrorists, confiscate weapons and dismantle the
terrorist infrastructure.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
steps the Palestinian Authority has taken to arrest
terrorists, confiscate weapons and dismantle the terrorist
infrastructure. The report shall also include a description
of how funds will be spent and the accounting procedures in
place to ensure that they are properly disbursed.

limitation on assistance to security forces

Sec. 653. 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.

ENVIRONMENT PROGRAMS

Sec. 654. (a) Funding.--Of the funds appropriated by this
Act, not less than $485,000,000 shall be made available for
environment programs: Provided, That of the funds
appropriated under the heading ``Development Assistance'',
not less than $165,000,000 shall be made available for
programs and activities which directly protect biodiversity,
including forests, in developing countries: Provided further,
That of the funds made available under the previous proviso,
$1,500,000 shall be made available to improve the capacity of
indigenous groups and local environmental organizations and
law enforcement agencies to protect the biodiversity of
indigenous reserves in the Amazon Basin region of Brazil,
which amount shall be in addition to the amount requested in
this Act for assistance for Brazil for fiscal year 2004:
Provided further, That not later than 180 days after
enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development and other appropriate
departments and agencies, and after consultation with
appropriate nongovernmental organizations and governments,
shall submit to the Committees on Appropriations a
comprehensive, multi-year action plan for biodiversity
conservation in the Amazon Basin region of South America:
Provided further, That of the funds appropriated under the
headings ``Development Assistance'' and ``Andean Counterdrug
Initiative'', not less than $10,000,000 shall be made
available in fiscal year 2004 to implement the action plan
described in the previous proviso: Provided further, That
funds appropriated by this Act under the heading ``Child
Survival and Health Programs Fund'' should be used to fund
child survival, health, and family planning activities of
integrated population-health-environment programs, including
in areas where biodiversity and endangered species are
threatened, and funds appropriated by this Act under the
heading ``Development

[[Page S13224]]

Assistance'' should be used to fund environment,
conservation, natural resource management, and sustainable
agriculture activities of such integrated programs: Provided
further, That of the funds appropriated by this Act, not less
than $185,000,000 shall be made available to support policies
and programs in developing countries and countries in
transition that directly (1) promote a wide range of energy
conservation, energy efficiency and clean energy programs and
activities, including the transfer of clean and
environmentally sustainable energy technologies; (2) measure,
monitor, and reduce greenhouse gas emissions; (3) increase
carbon sequestration activities; and (4) enhance climate
change mitigation and adaptation programs.
(b) Climate Change Report.--Not later than 45 days after
the date on which the President's fiscal year 2005 budget
request is submitted to Congress, the President shall submit
a report to the Committees on Appropriations describing in
detail the following--
(1) all Federal agency obligations and expenditures,
domestic and international, for climate change programs and
activities in fiscal year 2004, including an accounting of
expenditures by agency with each agency identifying climate
change activities and associated costs by line item as
presented in the President's Budget Appendix; and
(2) all fiscal year 2003 obligations and estimated
expenditures, fiscal year 2004 estimated expenditures and
estimated obligations, and fiscal year 2005 requested funds
by the United States Agency for International Development, by
country and central program, for each of the following: (i)
to promote the transfer and deployment of a wide range of
United States clean energy and energy efficiency
technologies; (ii) to assist in the measurement, monitoring,
reporting, verification, and reduction of greenhouse gas
emissions; (iii) to promote carbon capture and sequestration
measures; (iv) to help meet such countries' responsibilities
under the Framework Convention on Climate Change; and (v) to
develop assessments of the vulnerability to impacts of
climate change and mitigation and adaptation response
strategies.

REGIONAL PROGRAMS FOR EAST ASIA AND THE PACIFIC

Sec. 655. Funds appropriated by this Act under the heading
``Economic Support Fund'' that are allocated for ``Regional
Democracy'' and ``ASEAN Regional'' assistance for East Asia
and the Pacific shall be made available for the Human Rights
and Democracy Fund of the Bureau for Democracy, Human Rights
and Labor, Department of State to support democracy programs
in Iraq.

ZIMBABWE

Sec. 656. The Secretary of the Treasury shall instruct the
United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans, to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule
of law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.

NIGERIA

Sec. 657. None of the funds appropriated under the headings
``International Military Education and Training'' and
``Foreign Military Financing Program'' may be made available
for assistance for Nigeria until the President certifies to
the Committees on Appropriations that the Nigerian Minister
of Defense, the Chief of the Army Staff, and the Minister of
State for Defense/Army are suspending from the Armed Forces
those members, of whatever rank, against whom there is
credible evidence of gross violations of human rights in
Benue State in October 2001, and the Government of Nigeria
and the Nigerian Armed Forces are taking effective measures
to bring such individuals to justice: Provided, That the
President may waive such prohibition if he determines that
doing so is in the national security interest of the United
States: Provided further, That prior to exercising such
waiver authority, the President shall submit a report to the
Committees on Appropriations describing the involvement of
the Nigerian Armed Forces in the incident in Benue State, the
measures that are being taken to bring such individuals to
justice, and whether any Nigerian Armed Forces units involved
with the incident in Benue State are receiving United States
assistance.

burma

Sec. 658. (a) The Secretary of the Treasury shall instruct
the United States executive director to each appropriate
international financial institution in which the United
States participates, to oppose and vote against the extension
by such institution of any loan or financial or technical
assistance or any other utilization of funds of the
respective bank to and for Burma.
(b) Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $15,000,000 shall be made
available to support democracy activities in Burma, along the
Burma-Thailand border, for activities of Burmese student
groups and other organizations located outside Burma, and for
the purpose of supporting the provision of humanitarian
assistance to displaced Burmese along Burma's borders:
Provided, That funds made available under this heading may be
made available notwithstanding any other provision of law:
Provided further, That not more than 60 days after enactment
of this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall submit a report to the Committees on
Appropriations detailing the amount and rate of disbursement
of fiscal years 2002 and 2003 funding for HIV/AIDS programs
and activities in Burma, the amount of funds expended by the
State Peace and Development Council (SPDC) on HIV/AIDS
programs and activities in calendar years 2001, 2002, and
2003, and the extent to which international nongovernmental
organizations are able to conduct HIV/AIDS programs
throughout Burma, including the ability of expatriate staff
to freely travel through the country and to conduct
programmatic oversight independent of SPDC handling and
monitoring: Provided further, That funds made available by
this section shall be subject to the regular notification
procedures of the Committees on Appropriations.

enterprise fund restrictions

Sec. 659. Prior to the distribution of any assets resulting
from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance
with the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.

cambodia

Sec. 660. (a) The Secretary of the Treasury shall instruct
the United States executive directors of the international
financial institutions to use the voice and vote of the
United States to oppose loans to the Central Government of
Cambodia, except loans to meet basic human needs.
(b)(1) None of the funds appropriated by this Act may be
made available for assistance for the Central Government of
Cambodia.
(2) Paragraph (1) shall not apply to assistance for basic
education, reproductive and maternal and child health,
cultural and historic preservation, programs for the
prevention, treatment, and control of, and research on, HIV/
AIDS, tuberculosis, malaria, polio and other infectious
diseases, programs to combat human trafficking that are
provided through nongovernmental organizations, and for the
Ministry of Women and Veterans Affairs to combat human
trafficking.
(c) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $7,000,000 shall be made
available, notwithstanding subsection (b), for assistance for
democratic opposition political parties in Cambodia.
(d) Funds appropriated by this Act to carry out provisions
of section 541 of the Foreign Assistance Act of 1961 may be
made available notwithstanding subsection (b) only if at
least 15 days prior to the obligation of such funds, the
Secretary of State provides to the Committees on
Appropriations a list of those individuals who have been
credibly alleged to have ordered or carried out extrajudicial
and political killings that occurred during the March 1997
grenade attack against the Khmer Nation Party, the July 1997
coup d'etat, and election related violence that occurred
during the 1998, 2002, and 2003 elections in Cambodia.
(e) None of the funds appropriated or otherwise made
available by this Act may be used to provide assistance to
any tribunal established by the Government of Cambodia unless
the Secretary of State certifies to the Committees on
Appropriations that the perpetrators of the March 1997
grenade attack and election-related killings, including
former parliamentarian Om Radsady, have been arrested and
prosecuted.

FOREIGN MILITARY TRAINING REPORT

Sec. 661. (a) Notwithstanding any other provision of law,
the Secretary of Defense and the Secretary of State shall
jointly provide to the Congress by May 1, 2004, a report on
all military training provided to foreign military personnel
(excluding sales and training provided to the military
personnel of countries belonging to the North Atlantic Treaty
Organization (NATO) or of a country that has concluded a
protocol with NATO for accession to NATO) under programs
administered by the Department of Defense and the Department
of State during fiscal year 2003 and those proposed for
fiscal year 2004. This report shall include, for each such
military training activity, the foreign policy justification
and purpose for the training activity, the cost of the
training activity, the number of foreign students trained and
their units of operation, and the location of the training.
In addition, this report shall also include, with respect to
United States personnel, the operational benefits to United
States forces derived from each such training activity and
the United States military units involved in each such
training activity. This report may include a classified annex
if deemed necessary and appropriate.
(b) For purposes of this section a report to Congress shall
be deemed to mean a report to the Appropriations and Foreign
Relations Committees of the Senate and the Appropriations and
International Relations Committees of the House of
Representatives.

ENTERPRISE FUNDS IN THE MIDDLE EAST REGION

Sec. 662. (a) Funds appropriated by this Act under the
heading ``Economic Support Fund'' may be made available,
notwithstanding any other provision of law, to establish and
operate one or more enterprise

[[Page S13225]]

funds in the Middle East region for the purpose of supporting
the private sectors in that region: Provided, That provisions
contained in section 201 of the Support for East European
Democracy (SEED) Act of 1989 (excluding the authorizations of
appropriations provided in subsection (b) of that section)
shall apply with respect to such enterprise funds: Provided
further, That prior to obligating any funds for purposes
other than the administrative support of any such enterprise
fund, and every six months after the establishment of such
fund, the President shall certify and report to the
Committees on Appropriations that--
(1) the enterprise fund has taken all appropriate steps to
ensure that amounts appropriated by this Act that are
provided to the fund for the purpose of assisting the
development of the private sector are not provided to or
through any individual or entity that the management of the
fund knows or has reason to believe advocates, plans,
sponsors, or engages in, or has engaged in, terrorist
activity;
(2) the enterprise fund furthers United States commercial
interests in the region; and
(3) the enterprise fund is managed in a fiscally
responsible manner.

palestinian statehood

Sec. 663. (a) Limitation on Assistance.--None of the funds
appropriated by this Act may be provided to support a
Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees
that--
(1) a new leadership of a Palestinian governing entity,
that has not supported acts of terrorism, has been
democratically elected through credible and competitive
elections;
(2) the elected governing entity of a new Palestinian
state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel;
(B) has taken appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures;
(C) has established a new Palestinian security entity that
is fully cooperative with appropriate Israeli and other
appropriate security organizations; and
(D) has taken appropriate measures to enact a constitution
assuring the rule of law and other reforms assuring
transparent and accountable governance.
(b) Waiver.--The President may waive subsection (a) if he
determines that it is in the national security interests of
the United States to do so.
(c) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or a newly elected
governing entity, in order to help meet the requirements of
subsection (a), consistent with the provisions of section 652
of this Act (``Limitation on Assistance to the Palestinian
Authority'').

COLOMBIA

Sec. 664. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds
appropriated by this Act that are available for assistance
for the Colombian Armed Forces, may be made available as
follows:
(1) Up to 50 percent of such funds may be obligated prior
to a determination and certification by the Secretary of
State pursuant to paragraph (2).
(2) Up to 25 percent of such funds may be obligated only
after the Secretary of State certifies and reports to the
appropriate congressional committees that:
(A) The Commander General of the Colombian Armed Forces is
suspending from the Armed Forces those members, of whatever
rank, who, according to the Minister of Defense or the
Procuraduria General de la Nacion, have been credibly alleged
to have committed gross violations of human rights, including
extra-judicial killings, or to have aided or abetted
paramilitary organizations.
(B) The Colombian Government is vigorously investigating
and prosecuting those members of the Colombian Armed Forces,
of whatever rank, who have been credibly alleged to have
committed gross violations of human rights, including extra-
judicial killings, or to have aided or abetted paramilitary
organizations, and is promptly punishing those members of the
Colombian Armed Forces found to have committed such
violations of human rights or to have aided or abetted
paramilitary organizations.
(C) The Colombian Armed Forces have made substantial
progress in cooperating with civilian prosecutors and
judicial authorities in such cases (including providing
requested information, such as the identity of persons
suspended from the Armed Forces and the nature and cause of
the suspension, and access to witnesses, relevant military
documents, and other requested information).
(D) The Colombian Armed Forces have made substantial
progress in severing links (including denying access to
military intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or tacit
cooperation) at the command, battalion, and brigade levels,
with paramilitary organizations, especially in regions where
these organizations have a significant presence.
(E) The Colombian Armed Forces are dismantling paramilitary
leadership and financial networks by arresting commanders and
financial backers, especially in regions where these networks
have a significant presence.
(3) The balance of such funds may be obligated after July
31, 2004, if the Secretary of State certifies and reports to
the appropriate congressional committees, after such date,
that the Colombian Armed Forces are continuing to meet the
conditions contained in paragraph (2) and are conducting
vigorous operations to restore government authority and
respect for human rights in areas under the effective control
of paramilitary and guerrilla organizations.
(b) Consultative Process.--At least 10 days prior to making
the certifications required by subsection (a), the Secretary
of State shall consult with internationally recognized human
rights organizations regarding progress in meeting the
conditions contained in that subsection.
(c) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted'' means
to provide any support to paramilitary groups, including
taking actions which allow, facilitate, or otherwise foster
the activities of such groups.
(2) Paramilitary groups.--The term ``paramilitary groups''
means illegal self-defense groups and illegal security
cooperatives.

ILLEGAL ARMED GROUPS

Sec. 665. (a) Denial of Visas to Supporters of Colombian
Illegal Armed Groups.--Subject to subsection (b), the
Secretary of State shall not issue a visa to any alien who
the Secretary determines, based on credible evidence--
(1) has willfully provided any support to the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), or the United Self-Defense Forces of Colombia (AUC),
including taking actions or failing to take actions which
allow, facilitate, or otherwise foster the activities of such
groups; or
(2) has committed, ordered, incited, assisted, or otherwise
participated in the commission of gross violations of human
rights, including extra-judicial killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the
Secretary of State determines and certifies to the
appropriate congressional committees, on a case-by-case
basis, that the issuance of a visa to the alien is necessary
to support the peace process in Colombia or for urgent
humanitarian reasons.

PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION

Sec. 666. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.

IRAQ

Sec. 667. Notwithstanding any other provision of law, funds
appropriated under the heading ``Economic Support Fund'' may
be made available for assistance for Iraq: Provided, That the
provisions of section 620G of the Foreign Assistance Act of
1961, or any other provision of law that applies to countries
that have supported terrorism, shall not apply with respect
to countries that provide assistance to Iraq: Provided
further, That funds appropriated by this Act or prior
appropriations Acts for Iraq should be made available for the
removal and safe disposal in Iraq of unexploded ordnance, low
level radioactive waste, and other environmental hazards:
Provided further, That not less than $10,000,000 of the funds
appropriated by this Act or prior appropriations Acts that
are made available for assistance for Iraq should be made
available for investigations of human rights violations by
the former Iraq regime including the excavation of mass
graves: Provided further, That funds made available under
this section are made available subject to the regular
notification procedures of the Committees on Appropriations.

west bank and gaza program

Sec. 668. (a) Oversight.--For fiscal year 2004, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the appropriate committees of Congress that
procedures have been established to assure the Comptroller
General of the United States will have access to appropriate
United States financial information in order to review the
uses of United States assistance for the Program funded under
the heading ``Economic Support Fund'' for the West Bank and
Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual or
entity that the Secretary knows or has reason to believe
advocates, plans, sponsors, engages in, or has engaged in,
terrorist activity. The Secretary of State shall, as
appropriate, establish procedures specifying the steps to be
taken in carrying out this subsection.
(c) Audits.--(1) The Administrator of the United States
Agency for International Development shall ensure that
Federal or non-Federal audits of all contractors and
grantees, and significant subcontractors and subgrantees,
under the West Bank and Gaza Program, are conducted at least
on an annual basis to ensure, among other things, compliance
with this section.
(2) Of the funds appropriated by this Act under the heading
``Economic Support

[[Page S13226]]

Fund'' that are made available for assistance for the West
Bank and Gaza, up to $1,000,000 may be used by the Office of
the Inspector General of the United States Agency for
International Development for audits, inspections, and other
activities in furtherance of the requirements of this
subsection. Such funds are in addition to funds otherwise
available for such purposes.

INDONESIA

Sec. 669. Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made available
for assistance for Indonesia, and licenses may be issued for
the export of lethal defense articles for the Indonesian
Armed Forces, only if the President certifies to the
appropriate congressional committees that--
(1) the Indonesia Minister of Defense is suspending from
the Armed Forces those members, of whatever rank, who have
been credibly alleged to have committed gross violations of
human rights, or to have aided or abetted militia groups;
(2) the Indonesian Government is prosecuting those members
of the Indonesian Armed Forces, of whatever rank, who have
been credibly alleged to have committed gross violations of
human rights, or to have aided or abetted militia groups, and
is punishing those members of the Indonesian Armed Forces
found to have committed such violations of human rights or to
have aided or abetted militia groups;
(3) the Indonesian Armed Forces are cooperating with
civilian prosecutors and judicial authorities in Indonesia
and with the joint United Nations-East Timor Serious Crimes
Unit (SCU) in such cases (including extraditing those
indicted by the SCU to East Timor and providing access to
witnesses, relevant military documents, and other requested
information);
(4) the Indonesian Government and Armed Forces are
cooperating with the Federal Bureau of Investigation's
investigation of the killings and wounding of American and
Indonesian citizens in Papua on August 31, 2002; and
(5) the Minister of Defense is making publicly available
audits of receipts and expenditures of the Indonesian Armed
Forces.

restrictions on assistance to governments destabilizing West Africa

Sec. 670. (a) None of the funds appropriated by this Act
may be made available for assistance for the government of
any country for which the Secretary of State determines there
is credible evidence that such government has aided or
abetted, within the previous 6 months, in the illicit
distribution, transportation, or sale of diamonds mined in
Sierra Leone or Liberia.
(b) Whenever the prohibition on assistance required under
subsection (a) is exercised, the Secretary of State shall
notify the Committees on Appropriations in a timely manner.

Special Debt Relief for the Poorest

Sec. 671. (a) Authority to Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of
the United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities
guaranteed by the Commodity Credit Corporation under export
credit guarantee programs authorized pursuant to section 5(f)
of the Commodity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-
501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris
Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens 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.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for the purposes of any provision of law limiting assistance
to a country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.

Authority to Engage in Debt Buybacks or Sales

Sec. 672. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President
may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made
before January 1, 1995, pursuant to the Foreign Assistance
Act of 1961, to the government of any eligible country as
defined in section 702(6) of that Act or on receipt of
payment from an eligible purchaser, reduce or cancel such
loan or portion thereof, only for the purpose of
facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price paid
for such debt by such eligible country, or the difference
between the price paid for such debt and the face value of
such debt, to support activities that link conservation and
sustainable use of natural resources with the local community
development, and child survival and other child development,
in a manner consistent with sections 707 through 710 of the
Foreign Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition of
any prior agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with
this section, establish the terms and conditions under which
loans may be sold, reduced, or canceled pursuant to this
section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify
the administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this
section. Such agency shall make adjustment in its accounts to
reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the
President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their
uses for debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.

contributions to united nations population fund

Sec. 673. Funds appropriated in Public Law 107-115 and
Public Law 108-7 that were available for the United Nations
Population Fund (UNFPA), and $35,000,000 in this Act, shall
be made available for the UNFPA unless the President
determines that the UNFPA supports or participates in the
management of a program of coercive abortion or involuntary
sterilization: Provided, That none of the funds made
available for the UNFPA may be used in the People's Republic
of China: Provided further, That the other conditions on
availability of funds for abortion and abortion-related
activities contained in this Act shall apply to any
assistance provided for the UNFPA in this Act: Provided
further, That the conditions on availability of funds for the
UNFPA as contained in section 576(c) of Public Law 107-115
shall apply to any assistance provided for the UNFPA in this
Act.

central asia

Sec. 674. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of
Uzbekistan only if the Secretary of State determines and
reports to the Committees on Appropriations that the
Government of Uzbekistan is making substantial and continuing
progress in meeting its commitments under the ``Declaration
on the Strategic Partnership and Cooperation Framework
Between the Republic of Uzbekistan and the United States of
America'', including respect for human

[[Page S13227]]

rights, establishing a genuine multi-party system, and
ensuring free and fair elections, freedom of expression, and
the independence of the media.
(b) Funds appropriated by this Act may be made available
for assistance for the Government of Kazakhstan only if the
Secretary of State determines and reports to the Committees
on Appropriations that the Government of Kazakhstan has made
significant improvements in the protection of human rights
during the preceding 6 month period.
(c) The Secretary of State may waive the requirements under
subsection (b) if he determines and reports to the Committees
on Appropriations that such a waiver is in the national
security interests of the United States.
(d) Not later than October 1, 2004, the Secretary of State
shall submit a report to the Committees on Appropriations
describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 6-month period ending 30 days prior
to submission of each such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided by the United
States by units of the armed forces, border guards, or other
security forces of such countries.
(e) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.

COMMERCIAL LEASING OF DEFENSE ARTICLES

Sec. 675. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel, Egypt and NATO and major non-NATO allies
for the procurement by leasing (including leasing with an
option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having
possible civilian application), if the President determines
that there are compelling foreign policy or national security
reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.

WAR CRIMINALS

Sec. 676. (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any new
project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the
``Tribunal'') all persons in their territory who have been
indicted by the Tribunal and to otherwise cooperate with the
Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of
such country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for
investigators to archives and witnesses, the provision of
documents, and the surrender and transfer of indictees or
assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an
international financial institution regarding the extension
of any new project involving financial or technical
assistance or grants to any country or entity described in
subsection (a), the Secretary of the Treasury, in
consultation with the Secretary of State, shall provide to
the Committees on Appropriations a written justification for
the proposed assistance, including an explanation of the
United States position regarding any such vote, as well as a
description of the location of the proposed assistance by
municipality, its purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for
International Development, and the Secretary of the Treasury
shall consult with representatives of human rights
organizations and all government agencies with relevant
information to help prevent indicted war criminals from
benefiting from any financial or technical assistance or
grants provided to any country or entity described in
subsection (a).
(e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
(f) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation
of Bosnia and Herzegovina, Kosovo, Montenegro and the
Republika Srpska.
(3) Municipality.--The term ``municipality'' means a city,
town or other subdivision within a country or entity as
defined herein.
(4) Dayton accords.--The term ``Dayton Accords'' means the
General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.

User Fees

Sec. 677. The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of
the International Financial Institutions Act) and the
International Monetary Fund to oppose any loan, grant,
strategy or policy of these institutions that would require
user fees or service charges on poor people for primary
education or primary healthcare, including prevention and
treatment efforts for HIV/AIDS, malaria, tuberculosis, and
infant, child, and maternal well-being, in connection with
the institutions' financing programs.

funding for serbia

Sec. 678. (a) Funds appropriated by this Act may be made
available for assistance for Serbia after March 1, 2004, if
the President has made the determination and certification
contained in subsection (c).
(b) After March 31, 2004, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of the Federal Republic of
Yugoslavia (or a government of a successor state) subject to
the conditions in subsection (c): Provided, That section 576
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, as amended, shall not
apply to the provision of loans and assistance to the Federal
Republic of Yugoslavia (or a successor state) through
international financial institutions.
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of the Federal Republic of Yugoslavia (or a
government of a successor state) is--
(1) cooperating with the International Criminal Tribunal
for the former Yugoslavia including access for investigators,
the provision of documents, and the surrender and transfer of
indictees, including Ratko Mladic, or assistance in their
apprehension;
(2) taking steps that are consistent with the Dayton
Accords to end Serbian financial, political, security and
other support which has served to maintain separate Republika
Srpska institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law, including
the release of political prisoners from Serbian jails and
prisons.
(d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy in
municipalities.

MULTILATERAL DEVELOPMENT BANK ACCOUNTABILITY

Sec. 679. Beginning not more than 180 days after the date
of enactment of this Act, the Secretary of the Treasury shall
instruct the United States Executive Director of each
multilateral development bank or subsidiary or window thereof
(hereinafter ``Bank''), not to vote in favor of any action
proposed to be taken by such Bank unless not less than 45
days before consideration by the board of directors of such
Bank, the Secretary of State, in consultation with the
Secretary of the Treasury, has determined that--
(1) such Bank is implementing regular, independent external
audits of internal management controls and procedures for
meeting operational objectives, complying with Bank policies,
and preventing fraud, and is making reports describing the
scope and findings of such audits available to the public on
at least an annual basis;
(2) any proposed loan, credit, or grant agreement has been
published and includes the resources and conditionality
necessary to ensure that the borrower complies with
applicable laws in carrying out such loan, credit, or grant
agreement, including laws pertaining to the integrity and
transparency of the process such as public consultation, and
to public health and safety and environmental protection; and
(3) such Bank is implementing effective procedures for the
receipt, retention, and treatment of (A) complaints received
by the Bank regarding fraud, accounting, mismanagement,
internal accounting controls, or auditing matters; and (B)
the confidential, anonymous submission by employees of the
Bank of concerns regarding fraud, accounting, mismanagement,
internal accounting controls, or auditing matters.

COOPERATION WITH CUBA ON COUNTER-NARCOTICS MATTERS

Sec. 680. (a) Subject to subsection (b), of the funds
appropriated under the heading ``International Narcotics
Control and Law Enforcement'', $5,000,000 should be made
available for the purposes of preliminary work by the
Department of State, or such other entity as the Secretary of
State may designate, to establish cooperation with
appropriate agencies of the Government of

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Cuba on counter-narcotics matters, including matters relating
to cooperation, coordination, and mutual assistance in the
interdiction of illicit drugs being transported through Cuba
airspace or over Cuba waters.
(b) The amount in subsection (a) shall not be available if
the President certifies that--
(1) Cuba does not have in place appropriate procedures to
protect against the loss of innocent life in the air and on
the ground in connection with the interdiction of illegal
drugs; and
(2) there is evidence of involvement of the Government of
Cuba in drug trafficking.

Community-Based Police Assistance

Sec. 681. (a) Authority.--Funds made available to carry out
the provisions of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
in Jamaica and El Salvador through training and technical
assistance in internationally recognized human rights, the
rule of law, strategic planning, and through assistance to
foster civilian police roles that support democratic
governance including assistance for programs to prevent
conflict and foster improved police relations with the
communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to the regular notification procedures of
the Committees on Appropriations.

OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK
RESTRICTIONS

Sec. 682. (a) Limitation on Use of Funds by OPIC.--None of
the funds made available in this Act may be used by the
Overseas Private Investment Corporation to insure, reinsure,
guarantee, or finance any investment in connection with a
project involving the mining, polishing or other processing,
or sale of diamonds in a country that fails to meet the
requirements of subsection (c).
(b) Limitation on Use of Funds by the Export-Import Bank.--
None of the funds made available in this Act may be used by
the Export-Import Bank of the United States to guarantee,
insure, extend credit, or participate in an extension of
credit in connection with the export of any goods to a
country for use in an enterprise involving the mining,
polishing or other processing, or sale of diamonds in a
country that fails to meet the requirements of subsection
(c).
(c) Requirements.--The requirements referred to in
subsections (a) and (b) are that the country concerned is
implementing the recommendations, obligations and
requirements developed by the Kimberley Process on conflict
diamonds.

AMERICAN CHURCHWOMEN AND OTHER CITIZENS IN EL SALVADOR AND GUATEMALA

Sec. 683. (a) Information relevant to the December 2, 1980,
murders of four American churchwomen in El Salvador, and the
May 5, 2001, murder of Sister Barbara Ann Ford and the
murders of other American citizens in Guatemala since
December 1999, should be declassified and made public as soon
as possible.
(b) In making determinations concerning declassification
and release of relevant information, all Federal agencies and
departments should use the discretion contained within such
existing standards and procedures on classification in
support of releasing, rather than withholding, such
information.

CONFLICT RESOLUTION

Sec. 684. Of the funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Eastern Europe
and the Baltic States'', $15,000,000 shall be made available
to support conflict resolution programs and activities which
bring together individuals of different ethnic, religious,
and political backgrounds from areas of civil conflict and
war.

NICARAGUA

Sec. 685. Of the funds appropriated under the headings
``Economic Support Fund'', ``Development Assistance'', and
``Child Survival and Health Programs Fund'', not less than
$35,000,000 shall be made available for assistance for
Nicaragua, of which not less than $5,000,000 shall be made
available from funds appropriated under the heading
``Economic Support Fund'': Provided, That with respect to
funds made available pursuant to this section, priority shall
be given to programs to provide alternative means of income
for subsistence farmers and to promote judicial reform.

REPORT ON INTERNATIONAL COFFEE CRISIS

Sec. 686. Not later than 120 days after enactment of this
Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development and the Secretary of the Treasury, shall submit a
report to the Committees on Appropriations describing the
progress the United States is making toward meeting the
objectives set forth in paragraph (1) of S. Res. 368 (107th
Congress) and paragraph (1) of H. Res. 604 (107th Congress),
including adopting a global strategy to deal with the
international coffee crisis and measures to support and
complement multilateral efforts to respond to the
international coffee crisis.

VENEZUELA

Sec. 687. (a) None of the funds appropriated or otherwise
made available pursuant by this Act may be made available for
assistance for the central Government of Venezuela if the
Secretary of State certifies to the Committees on
Appropriations that the central Government of Venezuela is
assisting, harboring, or providing sanctuary for Colombian
terrorist organizations.
(b) The provision of subsection (a) shall not apply to
democracy and rule of law assistance for Venezuela.
(c) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $5,000,000 shall be
made available for democracy and rule of assistance for
Venezuela.

DISABILITY ACCESS

Sec. 688. The Administrator of the United States Agency for
International Development (``USAID'') shall seek to ensure
that programs, projects, and activities administered by USAID
in Iraq and Afghanistan comply fully with USAID's ``Policy
Paper: Disability'' issued on September 12, 1997: Provided,
That the Administrator shall submit a report to the
Committees on Appropriations not later than December 31,
2004, describing the manner in which the needs of people with
disabilities were met in the development and implementation
of USAID programs, projects, and activities in Iraq and
Afghanistan in fiscal year 2004: Provided further, That the
Administrator, not later than 180 days after enactment of
this Act and in consultation, as appropriate, with other
appropriate departments and agencies, the Architectural and
Transportation Barriers Compliance Board, and nongovernmental
organizations with expertise in the needs of people with
disabilities, shall develop and implement appropriate
standards for access for people with disabilities for
construction projects funded by USAID.

THAILAND

Sec. 689. Funds appropriated by this Act that are available
for the central Government of Thailand may be made available
if the Secretary of State determines and reports to the
Committees on Appropriations that the central Government of
Thailand (1) supports the advancement of democracy in Burma
and is taking action to sanction the military junta in
Rangoon; (2) is not hampering the delivery of humanitarian
assistance to people in Thailand who have fled Burma; and (3)
is not forcibly repatriating Burmese to Burma.

MODIFICATION ON REPORTING REQUIREMENTS

Sec. 690. Section 3204(f) of the Emergency Supplemental
Act, 2000 (Public Law 106-246) is amended--
(1) in the heading, by striking ``BIMONTHLY'' and inserting
``QUARTERLY'';
(2) by striking ``60'' and inserting ``90''; and
(3) by striking ``Congress'' and inserting ``the
appropriate congressional committees''.

ASSISTANCE FOR FOREIGN NONGOVERNMENTAL ORGANIZATIONS

Sec. 691. Notwithstanding any other provision of law,
regulation, or policy, in determining eligibility for
assistance authorized under part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental
organizations--
(1) shall not be ineligible for such assistance solely on
the basis of health or medical services including counseling
and referral services, provided by such organizations with
non-United States Government funds if such services do not
violate the laws of the country in which they are being
provided and would not violate United States Federal law if
provided in the United States; and
(2) shall not be subject to requirements relating to the
use of non-United States Government funds for advocacy and
lobbying activities other than those that apply to United
States nongovernmental organizations receiving assistance
under part I of such Act.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004''.
______

SA 1966. Mr. DeWINE (for himself, Mr. Durbin, Mr. Coleman, Mr.
Warner, Mr. Daschle, Mr. Leahy, Mr. Graham of South Carolina, and Mr.
Alexander) proposed an amendment to the bill H.R. 2800, making
appropriations for foreign operations, export financing, and related
programs for the fiscal year ending September 30, 2004, and for other
purposes; as follows:

Insert where appropriate:

GLOBAL AIDS ASSISTANCE

Sec.  . For an additional amount for ``Global AIDS
Initiative'', $289,000,000, to remain available until
September 30, 2006, for programs for the prevention,
treatment, and control of, and research on, HIV/AIDS,
tuberculosis, and malaria, which may include additional
contributions to the Global Fund to Fight AIDS, Tuberculosis,
and Malaria.
______

SA 1967. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill H.R. 2800, making appropriations for
foreign operations, export financing, and related programs for the
fiscal year ending September 30, 2004, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. XX. For purposes of section 403(a) of the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (22 U.S.C. 7673(a)) the term ``HIV/AIDS
prevention'' means only those programs and activities that
are directed at preventing the sexual transmission of HIV/
AIDS, and activities that include a priority emphasis on the

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public health benefits of refraining from sexual activity
before marriage shall be included in determining compliance
with the last sentence of such section 403(a).

____________________