S.Amdt. 1977Senate108th Congress (2003-2005)

To clarify the definition of HIV/AIDS prevention for purposes of providing funds for therapeutic medical care.

Submitted October 28, 2003

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Roll call votes on amendments in Senate: Amendment SA 1977 not agreed to in Senate by Yea-Nay Vote. 45 - 47. Record Vote Number: 430.

October 30, 2003

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Floor

Roll call votes on amendments in Senate: Amendment SA 1977 not agreed to in Senate by Yea-Nay Vote. 45 - 47. Record Vote Number: 430.

October 30, 2003

Floor

Senate amendment not agreed to: Amendment SA 1977 not agreed to in Senate by Yea-Nay Vote. 45 - 47. Record Vote Number: 430.

October 30, 2003

Floor

Considered by Senate. (consideration: CR 10/31/2003 S13644, S13646)

October 30, 2003

Floor

Amendment SA 1977 not agreed to in Senate by Yea-Nay Vote. 45 - 47. Record Vote Number: 430.

October 30, 2003

Floor

Considered by Senate. (consideration: CR S13431)

October 29, 2003

Floor

Senate amendment submitted

October 28, 2003

Floor

Senate amendment proposed (on the floor): Amendment SA 1977 proposed by Senator Feinstein.(consideration: CR S13341-13344; text: CR S13341)

October 28, 2003

Floor

Amendment SA 1977 proposed by Senator Feinstein. (consideration: CR S13341-13344; text: CR S13341) To clarify the definition of HIV/AIDS prevention for purposes of providing funds for therapeutic medical care.

October 28, 2003

Text

Submitted

AMENDMENTS SUBMITTED AND PROPOSED

SA 1976. Mr. FEINGOLD 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; which was ordered to lie on the table.
SA 1977. Mrs. FEINSTEIN (for herself, Ms. Snowe, and Mrs.
Murray) proposed an amendment to the bill H.R. 2800, supra.
SA 1978. Mr. McCONNELL proposed an amendment to the bill
H.R. 2800, supra.
SA 1979. Mr. McCONNELL proposed an amendment to the bill
H.R. 2800, supra.
SA 1980. Mr. McCONNELL proposed an amendment to the bill
H.R. 2800, supra.
SA 1981. Mr. McCONNELL (for Mr. Brownback (for himself, Mr.
Lautenberg, Mr. Kennedy, and Mr. Leahy)) proposed an
amendment to the bill H.R. 2800, supra.
SA 1982. Mr. LEAHY proposed an amendment to the bill H.R.
2800, supra.
SA 1983. Mr. LEAHY proposed an amendment to the bill H.R.
2800, supra.
SA 1984. Mr. LEAHY proposed an amendment to the bill H.R.
2800, supra.
SA 1985. Mr. LEAHY proposed an amendment to the bill H.R.
2800, supra.
SA 1986. Mr. LEAHY proposed an amendment to the bill H.R.
2800, supra.
SA 1987. Mr. LEAHY proposed an amendment to the bill H.R.
2800, supra.
SA 1988. Mr. LEAHY (for Mr. Schumer (for himself and Mrs.
Clinton)) proposed an amendment to the bill H.R. 2800, supra.
SA 1989. Mr. McCONNELL (for Mr. Craig (for himself and Mr.
Leahy)) proposed an amendment to the bill H.R. 2800, supra.
SA 1990. Mr. McCONNELL (for Mr. Domenici) proposed an
amendment to the bill H.R. 2800, supra.
SA 1991. Mr. McCONNELL (for himself and Mr. Leahy) proposed
an amendment to the bill H.R. 2800, supra.
SA 1992. Mrs. BOXER submitted an amendment intended to be
proposed by her to the bill H.R. 2800, supra; which was
ordered to lie on the table.
SA 1993. Mr. SESSIONS (for himself and Mr. Leahy) proposed
an amendment to the bill H.R. 2800, supra.
SA 1994. Mr. DORGAN (for himself and Mr. Schumer) proposed
an amendment to the bill H.R. 2800, supra.
SA 1995. Mr. ALLARD (for himself, Mr. Smith, and Mr.
Campbell) proposed an amendment to the bill H.R. 2800, supra.
SA 1996. Mr. ALLEN (for himself, Mr. Leahy, and Mr. Biden)
submitted an amendment intended to be proposed by him to the
bill H.R. 2800, supra; which was ordered to lie on the table.
SA 1997. Mr. ENSIGN submitted an amendment intended to be
proposed by him to the bill H.R. 2800, supra; which was
ordered to lie on the table.
SA 1998. Ms. LANDRIEU (for herself, Ms. Mikulski, and Mr.
Biden) proposed an amendment to the bill H.R. 2800, supra.
SA 1999. Mr. KENNEDY submitted an amendment intended to be
proposed by him to the bill H.R. 2800, supra; which was
ordered to lie on the table.
SA 2000. Mr. DORGAN (for himself and Mr. Schumer) submitted
an amendment intended to be proposed by him to the bill H.R.
2800, supra; which was ordered to lie on the table.
SA 2001. Mr. REID (for Mr. Leahy) proposed an amendment to
the bill H.R. 2800, supra.
SA 2002. Mr. McCONNELL (for Mr. Voinovich) proposed an
amendment to the bill H.R. 2800, supra.
SA 2003. Mr. REID (for Mr. Dodd) proposed an amendment to
the bill H.R. 2800, supra.
SA 2004. Mr. REID (for Mr. Feingold (for himself, Mr.
Campbell, Mr. Wyden, and Mr. Leahy)) proposed an amendment to
the bill H.R. 2800, supra.
SA 2005. Mr. McCONNELL (for Mr. Lugar) proposed an
amendment to the bill H.R. 2800, supra.
SA 2006. Mr. REID (for Mr. Daschle) proposed an amendment
to the bill H.R. 2800, supra.
SA 2007. Mr. REID (for Mr. Feingold) proposed an amendment
to the bill H.R. 2800, supra.
SA 2008. Mr. REID (for Mr. Biden) proposed an amendment to
the bill H.R. 2800, supra.
SA 2009. Mr. REID (for Mr. Feingold) proposed an amendment
to the bill H.R. 2800, supra.
SA 2010. Mr. McCONNELL (for Mr. Lugar) proposed an
amendment to the bill H.R. 2800, supra.
SA 2011. Mr. REID (for Mr. Inouye) proposed an amendment to
the bill H.R. 2800, supra.
SA 2012. Mr. REID (for Mr. Harkin) proposed an amendment to
the bill H.R. 2800, supra.
SA 2013. Mr. McCONNELL (for Mr. Allen (for himself, Mr.
Leahy, and Mr. Durbin)) proposed an amendment to the bill
H.R. 2800, supra.
SA 2014. Mr. McCONNELL (for Mr. Brownback) proposed an
amendment to the bill H.R. 2800, supra.
SA 2015. Mr. McCONNELL (for Mr. Brownback) proposed an
amendment to the bill H.R. 2800, supra.
SA 2016. Mr. REID (for Mr. Dodd) proposed an amendment to
the bill H.R. 2800, supra.
SA 2017. Mr. McCONNELL (for Mr. Lugar) proposed an
amendment to the bill H.R. 2800, supra.
SA 2018. Mr. McCONNELL (for Mr. Ensign) proposed an
amendment to the bill H.R. 2800, supra.
SA 2019. Mr. REID (for Mr. Leahy) proposed an amendment to
the bill H.R. 2800, supra.
SA 2020. Mr. McCONNELL (for Mr. Feingold) proposed an
amendment to the bill H.R. 2800, supra.
SA 2021. Mr. McCONNELL (for Mr. Brownback (for himself and
Mrs. Feinstein)) proposed an amendment to the bill H.R. 2800,
supra.
SA 2022. Mr. REID (for Mr. Leahy) proposed an amendment to
the bill H.R. 2800, supra.
SA 2023. Mr. REID (for Mr. Kennedy) proposed an amendment
to the bill H.R. 2800, supra.
SA 2024. Mr. McCONNELL (for Mr. Frist (for himself, Mr.
McConnell, and Mr. Leahy)) proposed an amendment to the bill
H.R. 2800, supra.
______

SA 1976. Mr. FEINGOLD 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; which was ordered to
lie on the table; as follows:

[[Page S13410]]

On page 147, between lines 6 and 7, insert the following:

united states citizens in indonesia

Sec. 692. (a) Congress makes the following findings:
(1) The United States recognizes the cooperation and
solidarity of the Government of Indonesia and the people of
Indonesia in the global campaign against terrorism.
(2) Increased cooperation between the United States and the
Indonesia police forces is in the interest of both countries
and should continue.
(3) Normal military relations between Indonesia and the
United States are in the interest of both countries.
(4) The respect of the Indonesia military for human rights
and the improvement in relations between the military and the
civilian population of Indonesia are extremely important for
the future of relations between the United States and
Indonesia.
(b) The normalization of the military relationship between
the United States and Indonesia cannot begin until--
(1) the Federal Bureau of Investigation has received full
cooperation from the Government of Indonesia and the
Indonesia armed forces with respect to its investigation into
the August 31, 2002, murder of 2 American schoolteachers in
Timika, Indonesia; and
(2) the individuals responsible for those murders are
brought to justice.
(c) Congress looks forward to continued and increased
cooperation with respect to this investigation and to the
resolution of the issue, which will contribute to the
normalization of military relations between the United States
and Indonesia.
______

SA 1977. Mrs. FEINSTEIN (for herself, Ms. Snowe, and Mrs. Murray)
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:

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
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).
______

SA 1978. Mr. McCONNELL 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:

On page 27, line 1 after the colon insert the following:
Provided further, That $5,000,000 shall be made available
to promote freedom of the media and an independent media in
Russia:
______

SA 1979. Mr. McCONNELL 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:

On page 13, line 22 before the period, insert the
following:
: Provided further, That if the President determines that
is important to the national interests of the United States
to provide transition assistance in excess of the amount
appropriated under this heading, up to $5,000,000 of the
funds appropriated by this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961 may be used for
purposes of this heading and under the authorities applicable
to funds appropriated under this heading: Provided further,
That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with
the Committees on Appropriations
______

SA 1980. Mr. McCONNELL 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:

On page 14, line 6 strike ``costs'' and insert the
following:
``cost, including the cost of modifying such direct and
guaranteed loans,''
On page 14, line 7 before the period insert the following:
: Provided further, That funds made available by this
paragraph and under this heading in prior Acts making
appropriations for foreign operations, export financing, and
related programs, may be used for the cost of modifying any
such guaranteed loans under this Act or prior Acts
______

SA 1981. Mr. McCONNELL (for Mr. Brownback (for himself, Mr.
Lautenberg, Mr. Kennedy, and Mr. Leahy) 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:

On page 147, between lines 6 and 7, insert the following:

report on admission of refugees

Sec. 692. (a) Congress makes the following findings:
(1) As of October 2003, there are 13,000,000 refugees
worldwide, many of whom have fled religious, political, and
other forms of persecution.
(2) Refugee resettlement remains a critical tool of
international refugee protection and an essential component
of the humanitarian and foreign policy of the United States.
(3) Prior to the beginning of each fiscal year, the
President designates, in a Presidential Determination, a
target number of refugees to be admitted to the United States
under the United States Refugee Resettlement Program.
(4) Although the President authorized the admission of
70,000 refugees in fiscal year 2003, only 28,419 refugees
were admitted.
(5) From fiscal year 1980 to fiscal year 2000, the average
level of U.S. refugee admissions was slightly below 100,000
per year.
(6) The United States Government policy is to resettle the
designated number of refugees each fiscal year. Congress
expects the Department of State, the Department of Homeland
Security, and the Department of Health and Human Services to
implement the admission of 70,000 refugees as authorized by
the President for fiscal year 2004.
(b)(1) The Secretary of State, shall utilize private
voluntary organizations with expertise in the protection
needs of refugees in the processing of refugees overseas for
admission and resettlement to the United States, and shall
utilize such agencies in addition to the United Nations High
Commission for Refugees in the identification and referral of
refugees.
(2) The Secretary of State shall establish a system for
accepting referrals of appropriate candidates for
resettlement from local private, voluntary organizations and
work to ensure that particularly vulnerable refugee groups
receive special consideration for admission into the United
States, including--
(A) long-stayers in countries of first asylum;
(B) unaccompanied refugee minors;
(C) refugees outside traditional camp settings; and
(D) refugees in woman-headed households.
(3) The Secretary of State shall give special consideration
to--
(A) refugees of all nationalities who have close family
ties to citizens and residents of the United States; and
(B) other groups of refugees who are of special concern to
the United States.
(4) Not later than 90 days after the date of enactment of
this Act, the Secretary of State shall submit a report to the
appropriate congressional committees describing the steps
that have been taken to implement this subsection.
(c) Not later than September 30, 2004, if the actual
refugee admissions numbers do not conform with the authorized
ceiling on the number of refugees who may be admitted, the
Secretary of State, the Secretary of Homeland Security, and
the Secretary of Health and Human Services shall report to
Congress on the--
(1) execution and implementation of the refugee
resettlement program; and
(2) reasons for the failure to resettle the maximum number
of refugees.
______

SA 1982. Mr. LEAHY 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:

On page 75, line 17, after ``Afghan'' insert the following
Independent
______

SA 1983. Mr. LEAHY 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:

On page 35, line 10, after the semi-colon, insert: and
On page 35, line 12, strike ``; (3)'' and insert in lieu
thereof the following: : Provided further, That such funds
may not be made available unless the Secretary of State
certifies to the Committees on Appropriations that
On page 35, line 15, strike ``; and'' and insert in lieu
thereof the following: : Provided further, That
______

SA 1984. Mr. LEAHY 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:

On page 105, line 25, strike ``180 days'' and insert in
lieu thereof the following: one year
On page 106, line 3, strike ``nongovernmental'' and
everything that follows through ``plan'' on line 6, and
insert in lieu thereof the following: governments and
nongovernmental organizations, shall submit to the Committees
on Appropriations a strategy

[[Page S13411]]

On page 106, line 10, strike ``$10,000,000'' and insert in
lieu thereof the following: $5,000,000
On page 106, line 11, strike ``implement the action plan''
and insert in lieu thereof the following: develop the
strategy
______

SA 1985. Mr. LEAHY 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:

On page 87, line 23, strike ``That in'' and everything
thereafter through ``subsection'' on line 24, and insert in
lieu thereof the following: That the application of section
507(4)(D) and (E) of such Act
On page 87, line 26 strike ``the'' and everything
thereafter through ``subsection'' on page 88, line 1, and
insert in lieu thereof the following: and
______

SA 1986. Mr. LEAHY 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:

On page 20, line 9, before the colon, insert the following:
, of which up to $1,000,000 may be available for
administrative expenses of the United States Agency for
International Development
______

SA 1987. Mr. LEAHY proposed an amendment to the bill H.R. 2800,
making appropriations to foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2004, and for
other purposes; as follows:

On page 34, line 17, strike ``$2,500,000'' and insert in
lieu thereof: $3,500,000
______

SA 1988. Mr. LEAHY (for Mr. Schumer (for himself, and Mrs. Clinton))
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:

Beginning on page 98, strike line 24 and all that follows
through page 99, line 10 and insert the following:
Sec. 644. (a) Subject to subsection (c), of the funds
appropriated by this Act that are made available for
assistance for a foreign country, an amount equal to 110
percent of the total amount of the unpaid fully adjudicated
parking fines and penalties owed by such country shall be
withheld from obligation for such country until the Secretary
of State submits a certification to the appropriate
congressional committees stating that such parking fines and
penalties are fully paid.
(b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities
funded by this Act, after consultation with and subject to
the regulation notification procedures of the appropriate
congressional committees, provided that no such funds shall
be made available for assistance to a foreign country that
has not paid the total amount of the fully adjudicated
parking fines and penalties owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to a country if the
Secretary--
(1) determines that the waiver is in the national security
interests of the United States; and
(2) submits to the appropriate congressional committees a
written justification for such determination that includes a
description of the steps being taken to collect the parking
fines and penalties owed by such country.
(e) In this section:
(1) The term ``appropriate congressional committees'' means
the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives.
(2) The term ``fully adjudicated'' includes circumstances
in which the person to whom the vehicle is registered--
(A)(i) has not responded to the parking violation summons;
or
(ii) has not followed the appropriate adjudication
procedure to challenge the summons; and
(B) the period of time for payment or challenge the summons
has lapsed.
(3) The term ``parking fines and penalties'' means parking
fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997 through
September 30, 2003.
______

SA 1989. Mr. McCONNELL (for Mr. Craig (for himself and Mr. Leahy))
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:

On page 75, line 15 after the colon insert the following:
Provided further, That of the funds made available pursuant
to this section, not less than $5,000,000 shall be made
available for a reforestation program in Afghanistan which
should utilize, as appropriate, the technical expertise of
American universities: Provided further, That funds made
available pursuant to the previous proviso should be matched,
to the maximum extent possible, with contributions from
American and Afghan businesses:
______

SA 1990. Mr. McCONNELL (for Mr. Domenici) 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, 2003, and for other purposes; as follows:

On page 32, line 7, before the colon insert the following:
, of which $2,105,000 should be made available for
construction and completion of a new facility
______

SA 1991. Mr. McCONNELL (for himself and Mr. Leahy) 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:

On page 17, line 17, after the colon insert the following:
Provided further, That of the funds made available pursuant
to the previous proviso, $2,000,000 shall be made available
for the Ibn Khaldun Center for Development:
______

SA 1992. Mrs. BOXER 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:

On page 7, line 20, after ``proviso:'' insert ``Provided
further, That of the funds appropriated under this heading,
not less than $15,000,000 shall be available for the Global
Tuberculosis Drug Facility:''.
______

SA 1993. Mr. SESSIONS (for himself and Mr. Leahy) 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:

On page 23, line 8, strike the period and insert ``:
Provided further, That of the funds appropriated under this
heading, not less than $29,000,000 shall be made available
for injection safety programs, including national planning,
the provision and international transport of nonreusable
autodisposable syringes or other safe injection equipment,
public education, training of health providers, waste
management, and publication of quantitative results: Provided
further, That of the funds appropriated under this heading,
not less than $46,000,000 shall be made available for blood
safety programs, including the establishment and support of
national blood services, the provision of rapid HIV test
kits, staff training, and quality assurance programs.''.
______

SA 1994. Mr. DORGAN (for himself and Mr. Schumer) 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:

At the appropriate place, insert the following:
Sec. XX. Sense of the Senate on declassifying portions of
the Joint Inquiry into Intelligence Community Activities
Before and After the Terrorist Attacks of September 2001.
(a) Findings.--The Senate finds that--
(1) The President has prevented the release to the American
public of 28 pages of the Joint Inquiry into Intelligence
Community Activities Before and After the Terrorist Attacks
of September 2001.
(2) The contents of the redacted pages discuss sources of
foreign support for some of the September 11th hijackers
while they were in the United States.
(3) The Administration's decision to classify this
information prevents the American people from having access
to information about the involvement of certain foreign
governments in the terrorist attacks of September 2001.
(4) The Kingdom of Saudi Arabia has requested that the
President release the 28 pages.
(5) The Senate respects the need to keep information
regarding intelligence sources and methods classified, but
the Senate also recognizes that such purposes can be
accomplished through careful selective redaction of specific
words and passages, rather than effacing the section's
contents entirely.
(b) Sense of the Senate.--It is the sense of the Senate
that in light of these findings the President should
declassify the 28-page section of the Joint Inquiry into
Intelligence

[[Page S13412]]

Community Activities Before and After the Terrorist Attacks
of September 2001 that deals with foreign sources of support
for the 9-11 hijackers, and that only those portions of the
report that would directly compromise ongoing investigations
or reveal intelligence sources and methods should remain
classified.
______

SA 1995. Mr. ALLARD (for himself, Mr. Smith, and Mr. Campbell)
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:

On page 147, between lines 6 and 7, insert the following
new section:

limitation on the provision of imet funds to indonesia

Sec. 692. (a) Subject to subsection (c), no funds
appropriated by title IV of this Act, under the subheading
``international military education and training'' under the
heading ``Funds Appropriated to the President'' shall be made
available for military education and training for Indonesia.
(b) Nothing in this section shall prohibit the United
States Government from continuing to conduct programs or
training with the Indonesian Armed Forces, including counter-
terrorism training, officer visits, port visits, or
educational exchanges that are being conducted on the date of
the enactment of this Act.
(c) The President may waive the application of subsection
(a) if the President--
(1) determines that the national security interests of the
United States justify such a waiver; and
(2) submits notice of such a waiver and a justification for
such a waiver to the Committee on Appropriations of the
Senate and the Committee on Appropriations of the House of
Representatives in accordance with the regular notification
procedures of such Committees.
______

SA 1996. Mr. ALLEN (for himself, Mr. Leahy, and Mr. Biden) 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; which was ordered to
lie on the table; as follows:

On page 32, line 10, before the period insert ``: Provided
further, That $5,000,000 of amounts made available under this
heading shall be for combating piracy of United States
intellectual property''.
______

SA 1997. Mr. ENSIGN 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; which was ordered to
lie on the table; as follows:

On page 147, between lines 6 and 7, insert the following
new section:

democracy building in cuba

Sec. 692. (a) Of the funds appropriated by title II, under
the heading ``transition initiatives'', not less than
$5,000,000 shall be available for support for eligible Cuban
recipients and independent nongovernmental organizations to
support democracy-building efforts for Cuba, including
providing support for--
(1) political prisoners held in Cuba and members of their
families;
(2) persons persecuted or harassed for dissident activities
in Cuba;
(3) independent libraries in Cuba;
(4) independent workers' rights activists in Cuba;
(5) independent agricultural cooperatives in Cuba;
(6) independent associations of self-employed Cubans;
(7) independent journalists in Cuba;
(8) independent youth organizations in Cuba;
(9) independent environmental groups in Cuba;
(10) independent economists, medical doctors, and other
professionals in Cuba;
(11) the establishment and maintenance of an information
and resources center to be located in the United States
Interests Section in Havana, Cuba;
(12) prodemocracy programs of the National Endowment for
Democracy that are related to Cuba;
(13) nongovernmental programs to facilitate access to the
Internet in Cuba, subject to section 1705(e) of the Cuban
Democracy Act of 1992 (22 U.S.C. 6004(e));
(14) nongovernmental charitable programs that provide
nutrition and basic medical care to persons most at risk in
Cuba, including children and elderly persons; and
(15) nongovernmental charitable programs to reintegrate
into civilian life persons who have abandoned, resigned, or
been expelled from the Cuban armed forces for ideological
reasons.
(b) In this section:
(1) The term ``independent nongovernmental organization''
means an organization that the Secretary of State determines,
not less than 15 days before any obligation of funds made
available under this section to the organization, is a
charitable or nonprofit nongovernmental organization that is
not an agency or instrumentality of the Cuban Government.
(2) The term ``eligible Cuban recipient'' means a Cuban
national in Cuba, including a political prisoner and the
family of such prisoner, who is not an official of the Cuban
Government or of the ruling political party in Cuba, as
defined in section 4(10) of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023(10)).
(c) The notification requirements of section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) shall apply
to any allocation or transfer of funds made pursuant to this
section.
______

SA 1998. Ms. LANDRIEU (for herself, Ms. Mikulski, and Mr. Biden)
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:

On page 147, between lines 6 and 7, insert the following
new section:
Sec. 692. (a) None of the funds made available by title II
under the heading ``international disaster assistance'',
``transition initiatives'', ``migration and refugee
assistance'', or ``united states emergency refugee and
migration assistance fund'' or made available for such
accounts by any other provision of law for fiscal year 2004
to provide assistance to refugees or internally displaced
persons may be provided to an organization that has failed to
adopt a code of conduct consistent with the Inter-Agency
Standing Committee Task Force on Protection From Sexual
Exploitation and Abuse in Humanitarian Crises six core
principles for the protection of beneficiaries of
humanitarian assistance.
(b) In administering the amounts made available for the
accounts described in subsection (a), the Secretary of State
and Administrator of the United States Agency for
International Development shall incorporate specific policies
and programs for the purpose of identifying specific needs
of, and particular threats to, women and children at the
various stages of a complex humanitarian emergency,
especially at the onset of such emergency.
(c) Not later than 90 days after the date of enactment of
this Act, the Secretary of State shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives a report on activities of the Government of
the United States to protect women and children affected by a
complex humanitarian emergency. The report shall include--
(1) an assessment of the specific protection needs of women
and children at the various stages of a complex humanitarian
emergency;
(2) a description of which agencies and offices of the
United States Government are responsible for addressing each
aspect of such needs and threats; and
(3) guidelines and recommendations for improving United
States and international systems for the protection of women
and children during a complex humanitarian emergency.
(d) In this section, the term ``complex humanitarian
emergency'' means a situation that--
(A) occurs outside the United States and results in a
significant number of--
(i) refugees;
(ii) internally displaced persons; or
(iii) other civilians requiring basic humanitarian
assistance on an urgent basis; and
(B) is caused by one or more situations including--
(i) armed conflict;
(ii) natural disaster;
(iii) significant food shortage; or
(iv) state-sponsored harassment or persecution.
______

SA 1999. Mr. KENNEDY 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; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:
Sec. XX. The Secretary of State shall promptly make
publicly available prices paid to purchase HIV/AIDS
pharmaceuticals, antiviral therapies, and other appropriate
medicines, including medicines to treat opportunistic
infections, for the treatment of people with HIV/AIDS and the
prevention of mother-to-child transmission of HIV/AIDS in
developing countries--
(1) through the use of funds appropriated under this Act;
and
(2) to the extent available, by--
(A) the World Health Organization; and
(B) the Global Fund to Fight AIDS, Tuberculosis, and
Malaria.
______

SA 2000. Mr. DORGAN (for himself and Mr. Schumer) 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,

[[Page S13413]]

2004, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:
Sec.  . Sense of the Senate on declassifying portions of
the Joint Inquiry into Intelligence Community Activities
Before and After the Terrorist Attacks of September 2001.
(a) Findings.--The Senate finds that--
(1) The President has prevented the release to the American
public of 28 pages of the Joint Inquiry into Intelligence
Community Activities Before and After the Terrorist Attacks
of September 2001.
(2) The contents of the redacted pages discuss sources of
foreign support for some of the September 11 hijackers while
they were in the United States.
(3) The Administration's decision to classify this
information prevents the American people from having access
to information about the involvement of certain foreign
governments in the terrorist attacks of September 2001.
(4) The Kingdom of Saudi Arabia has requested that the
President release the 28 pages.
(5) The Senate respects the need to keep information
regarding the intelligence sources and methods classified,
but the Senate also recognizes that such purposes can be
accomplished through careful selective redaction of specific
words and passages, rather than effacing the section's
contents entirely.
(b) Sense of the Senate.--It is the sense of the Senate
that in light of these findings the President should
declassify the 28-page section of the Joint Inquiry into
Intelligence Community Activities Before and After the
Terrorist Attacks of September 2001 that deals with foreign
sources of support for the 9-11 hijackers, and that only
those portions of the report that would directly compromise
ongoing investigations or reveal intelligence sources and
methods should remain classified.
This section shall take effect one day after the date of
this bill's enactment.
______

SA 2001. Mr. REID (for Mr. Leahy) 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:

On page 23, line 8. before the period, insert the
following:
: Provided further, That of the funds appropriated under
this heading, not less than $28,000,000 shall be made
available for a United States contribution to UNAIDS
______

SA 2002. Mr. McCONNELL (for Mr. Voinovich) 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:

On page 147, between lines 6 and 7, insert the following
new section:

annual report on international religious freedom to include information
on anti-semitism and other religious intolerance

Sec. 692. Section 102(b)(1) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) is amended by
adding at the end the following new subparagraph:
``(G) Acts of anti-semitism and other religious
intolerance.--A description for each foreign country of--
``(i) acts of violence against people of the Jewish faith
and other faiths that occurred in that country;
``(ii) the response of the government of that country to
such acts of violence; and
``(iii) actions by the government of that country to enact
and enforce laws relating to the protection of the right to
religious freedom with respect to people of the Jewish faith.
______

SA 2003. Mr. REID (for Mr. Dodd) 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:

On page 21, line 18, after the comma insert the following:
``That of the funds appropriated under this heading, up to
$15,000,000 should be made available as a United States
contribution to the Organization of American States for
expenses related to the OAS Special Mission in Haiti and the
implementation of OAS Resolution 822 and subsequent
resolutions related to improving security and the holding of
elections to resolve the political impasse created by the
disputed May 2000 election: Provided further,''
______

SA 2004. Mr. REID (for Mr. Feingold (for himself, Mr. Campbell, Mr.
Wyden, and Mr. Leahy) 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:

On page 147, between lines 6 and 7, insert the following:

united states citizens in indonesia

Sec. 692. (a) Congress makes the following findings:
(1) The United States recognizes the cooperation and
solidarity of the Government of Indonesia and the people of
Indonesia in the global campaign against terrorism.
(2) Increased cooperation between the United States and the
Indonesia police forces is in the interest of both countries
and should continue.
(3) Normal military relations between Indonesia and the
United States are in the interest of both countries.
(4) The respect of the Indonesia military for human rights
and the improvement in relations between the military and the
civilian population of Indonesia are extremely important for
the future of relations between the United States and
Indonesia.
(b) The normalization of the military relationship between
the United States and Indonesia cannot begin until--
(1) the Federal Bureau of Investigation has received full
cooperation from the Government of Indonesia and the
Indonesia armed forces with respect to its investigation into
the August 31, 2002, murder of 2 American schoolteachers in
Timika, Indonesia; and
(2) the individuals responsible for those murders are
brought to justice.
(c) Congress looks forward to continued and increased
cooperation with respect to this investigation and to the
resolution of the issue, which will contribute to the
normalization of military relations between the United States
and Indonesia.
______

SA 2005. Mr. McCONNELL (for Mr. Lugar) 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:

On page 147, between lines 6 and 7, insert the following:

post differentials and danger pay allowances

Sec. 692. (a) Section 5925(a) of title 5, United States
Code, is amended in the third sentence by inserting after
``25 percent of the rate of basic pay'' the following: ``or,
in the case of an employee of the United States Agency for
International Development, 35 percent of the rate of basic
pay''.
(b) Section 5928 of title 5, United States Code, is amended
by inserting after ``25 percent of the basic pay of the
employee'' both places it appears the following: ``or 35
percent of the basic pay of the employee in the case of an
employee of the United States Agency for International
Development''.
(c) The amendments made by subsections (a) and (b) shall
take effect on October 1, 2003, and shall apply with respect
to post differentials and danger pay allowances paid for
months beginning on or after that date.
______

SA 2006. Mr. REID (for Mr. Daschle) 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:

On page 147, between lines 6 and 7, insert the following:

sense of congress on contracting for delivery of assistance by air

Sec. 692. It is the sense of Congress that the
Administrator of the United States Agency for International
Development should, to the maximum extent practicable and in
a manner consistent with the use of full and open competition
(as that term is defined in section 4(6) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(6))), contract
with small, domestic air transport providers for purposes of
the delivery by air of assistance available under this Act.
______

SA 2007. Mr. REID (for Mr. Feingold) 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:

On page 147, between lines 6 and 7, insert the following:

Report on Sierra Leone

Not later than 6 months after the date of enactment of this
Act, the Administrator of the United States Agency for
International Development shall submit a report to the
Committee on Foreign Relations and Committee on
Appropriations of the Senate and the Committee on
International Relations and Committee on Appropriations of
the House of Representatives on the feasibility of
establishing a United States mission in Sierra Leone.
______

SA 2008. Mr. REID (for Mr. Biden) 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:

On page 40, line 18, insert after ``Commission'' the
following: ``and that are not necessary to make the United
States contribution to the Commission in the amount assessed
for fiscal year 2004''.

[[Page S13414]]

______

SA 2009. Mr. REID (for Mr. Feingold) 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:

On page 147, between lines 6 and 7, insert the following:

report on somalia

Sec. 692. (a) Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and International
Relations of the House of Representatives a report on a
strategy for engaging with competent and responsible
authorities and organizations within Somalia, including in
Somaliland, to strengthen local capacity and establish
incentives for communities to seek stability.
(b) The report shall describe a multi-year strategy for--
(1) increasing access to primary and secondary education
and basic health care services;
(2) supporting efforts underway to establish clear systems
for effective regulation and monitoring of Somali hawala, or
informal banking, establishments; and
(3) supporting initiatives to rehabilitate the livestock
export sector in Somalia.
______

SA 2010. Mr. McCONNELL (for Mr. Lugar) 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:

On page 147, between lines 6 and 7, insert the following:

designation of the global fund to fight aids, tuberculosis and malaria
under the international organizations immunities act

Sec. 692. The International Organizations Immunities Act
(22 U.S.C. 288 et seq.) is amended by adding at the end the
following new section:
``Sec. 16. The provisions of this title may be extended to
the Global Fund to Fight AIDS, Tuberculosis and Malaria in
the same manner, to the same extent, and subject to the same
conditions, as they may be extended to a public international
organization in which the United States participates pursuant
to any treaty or under the authority of any Act of Congress
authorizing such participation or making an appropriation for
such participation.''.
______

SA 2011. Mr. REID (for Mr. Inouye) 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:

On page 147, between lines 6 and 7 insert the following new
section:

guinea worm eradication program

Sec. 692. Of the funds made available in title II under the
headings ``child survival and health programs fund'' and
``development assistance'', not less than $5,000,000 may be
made available for the Carter Center's Guinea Worm
Eradication Program.
______

SA 2012. Mr. REID (for Mr. Harkin) 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:

On page 46, line 15, insert after ``resources'' the
following: ``and to providing opportunities for the inclusion
of persons with disabilities''.
______

SA 2013. Mr. McCONNELL (for Mr. Allen (for himself, Mr. Leahy, and
Mr. Durbin)) 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:

On page 32, line 10, before the period insert ``: Provided
further, That $5,000,000 of amounts made available under this
heading shall be for combating piracy of United States
intellectual property''.
______

SA 2014. Mr. McCONNELL (for Mr. Brownback) 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:

Beginning on page 78, line 25, strike ``funds'' and all
that follows through ``Iran:'' on page 79, line 3, and insert
the following: ``not to exceed $5,000,000 of such funds may
be used in coordination with the Middle East Partnership
Initiative for making grants to educational, humanitarian and
nongovernmental organizations and individuals inside Iran to
support the advancement of democracy and human rights in
Iran.
______

SA 2015. Mr. McCONNELL (for Mr. Brownback) 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:

On page 147, between lines 6 and 7, insert the following
new section:
Sec. 692. (a) Congress makes the following findings:
(1) The Islamic Republic of Iran is neither free nor fully
democratic, and undemocratic institutions, such as the
Guardians Council, thwart the will of the Iranian people.
(2) There is ongoing repression of journalists, students,
and intellectuals in Iran, women in Iran are deprived of
their internationally recognized human rights, and religious
freedom is not respected under the laws of Iran.
(3) The Department of State asserted in its ``Patterns of
Global Terrorism 2002'' report released on April 30, 2003,
that Iran remained the most active state sponsor of terrorism
and that Iran continues to provide funding, safe-haven,
training, and weapons to known terrorist groups, notably
Hizballah, HAMAS, the Palestine Islamic Jihad, and the
Popular Front for the Liberation of Palestine.
(4) The International Atomic Energy Agency (IAEA) has found
that Iran has failed to accurately disclose all elements of
its nuclear program. The IAEA is engaged in efforts to
determine the extent, origin and implications of Iranian
nuclear activities that were not intially reported to the
IAEA.
(5) There have been credible reports of Iran harboring Al-
Qaeda fugitives and permitting the passage of terrorist
elements into Iraq.
(b) It is the sense of Congress that it should be the
policy of the United States to--
(1) support transparent, full democracy in Iran;
(2) support the rights of the Iranian people to choose
their system of government.
(3) condemn the brutal treatment and imprisonment and
torture of Iranian civilians expressing political dissent;
(4) call upon the Government of Iran to comply fully with
requests by the International Atomic Energy Agency for
information and to immediately suspend all activities related
to the development of nuclear weapons and their delivery
systems;
(5) demand that al Qaeda members be immediately turned over
to governments requesting their extradition; and
(6) demand that Iran prohibit and prevent the passage of
armed elements into Iraq and cease all activities to
undermine the Iraqi Governing Council and the reconstruction
of Iraq.
______

SA 2016. Mr. REID (for Mr. Dodd) 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:

On page 17, line 18 after the first comma add the
following:
``That the Government of Egypt should promptly provide the
United States Embassy in Cairo with assurances that it will
honor contracts entered into with United States companies in
a timely manner: Provided further,''
______

SA 2017. Mr. McCONNELL (for Mr. Lugar) 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:

Strike title III, and insert the following:

TITLE III--MILLENNIUM CHALLENGE ASSISTANCE

SEC. 301. SHORT TITLE.

This title may be cited as the ``Millennium Challenge Act
of 2003''.

SEC. 302. FINDINGS AND PURPOSES.

(a) Findings.--Congress makes the following findings:
(1) On March 14, 2002, President George W. Bush stated that
``America supports the international development goals in the
U.N. Millennium Declaration, and believes that the goals are
a shared responsibility of developed and developing
countries.'' The President also called for a ``new compact
for global development, defined by new accountability for
both rich and poor nations'' and pledged support for
increased assistance from the United States through the
establishment of a Millennium Challenge Account for countries
that govern justly, invest in their own people, and encourage
economic freedom.
(2) The elimination of extreme poverty and the achievement
of the other international development goals of the United
Nations Millennium Declaration adopted by the United Nations
General Assembly on September 8, 2000, are important
objectives and it is appropriate for the United States to
make development assistance available in a manner that will
assist in achieving such goals.
(3) The availability of financial assistance through a
Millennium Challenge Account, linked to performance by
developing countries, can contribute significantly to the
achievement of the international development goals of the
United Nations Millennium Declaration.

[[Page S13415]]

(b) Purposes.--The purposes of this title are--
(1) to provide United States assistance for global
development through the Millennium Challenge Corporation, as
described in section 305; and
(2) to provide such assistance in a manner that promotes
economic growth and the elimination of extreme poverty and
strengthens good governance, economic freedom, and
investments in people.

SEC. 303. DEFINITIONS.

In this title:
(1) Board.--The term ``Board'' means the Millennium
Challenge Board established by section 304(c).
(2) Candidate country.--The term ``candidate country''
means a country that meets the criteria set out in section
306.
(3) CEO.--The term ``CEO'' means the chief executive
officer of the Corporation established by section 304(b).
(4) Corporation.--The term ``Corporation'' means the
Millennium Challenge Corporation established by section
304(a).
(5) Eligible country.--The term ``eligible country'' means
a candidate country that is determined, under section 307, as
being eligible to receive assistance under this title.
(6) Millennium challenge account.--The term ``Millennium
Challenge Account'' means the account established under
section 322.

SEC. 304. ESTABLISHMENT AND MANAGEMENT OF THE MILLENNIUM
CHALLENGE CORPORATION.

(a) Establishment of the Corporation.--There is established
in the executive branch a corporation within the meaning of
section 103 of title 5, United States Code, to be known as
the Millennium Challenge Corporation with the powers and
authorities described in this title.
(b) CEO of the Corporation.--
(1) In general.--There shall be a chief executive officer
of the Corporation who shall be responsible for the
management of the Corporation.
(2) Appointment.--The President shall appoint, by and with
the advice and consent of the Senate, the CEO.
(3) Relationship to the secretary of state.--The CEO shall
report to and be under the direct authority and foreign
policy guidance of the Secretary of State. The Secretary of
State shall coordinate the provision of United States foreign
assistance.
(4) Duties.--The CEO shall, in consultation with the Board,
direct the performance of all functions and the exercise of
all powers of the Corporation, including ensuring that
assistance under this title is coordinated with other United
States economic assistance programs.
(5) Executive Level II.--Section 5313 of title 5, United
States Code, is amended by adding at the end the following:
``Chief Executive Officer, Millennium Challenge
Corporation.''.
(c) Millennium Challenge Board.--
(1) Establishment of the board.--There is established a
Millennium Challenge Board.
(2) Composition.--The Board shall be composed of the
following members:
(A) The Secretary of State, who shall serve as the Chair of
the Board.
(B) The Secretary of the Treasury.
(C) The Administrator of the United States Agency for
International Development.
(D) The CEO.
(E) The United States Trade Representative.
(2) Functions of the board.--The Board shall perform the
functions specified to be carried out by the Board in this
title.

SEC. 305. AUTHORIZATION FOR MILLENNIUM CHALLENGE ASSISTANCE.

(a) Authority.--The Corporation is authorized to provide
assistance to an eligible entity consistent with the purposes
of this title set out in section 302(b) to conduct programs
or projects consistent with the objectives of a Millennium
Challenge Contract. Assistance provided under this title may
be provided notwithstanding any other provision of law,
except that the Corporation is prohibited from providing
assistance to any entity for any project which is likely to--
(1) cause the substantial loss of United States jobs or the
displacement of United States production; or
(2) pose an unreasonable or major environmental, health, or
safety hazard.
(b) Exception.--Assistance under this title may not be used
for military assistance or training.
(c) Form of Assistance.--Assistance under this title may be
provided in the form of grants to eligible entities.
(d) Coordination.--The provision of assistance under this
title shall be coordinated with other United States foreign
assistance programs.
(e) Applications.--An eligible entity seeking assistance
under this title to conduct programs or projects consistent
with the objectives of a Millennium Challenge Contract shall
submit a proposal for the use of such assistance to the Board
in such manner and accompanied by such information as the
Board may reasonably require.

SEC. 306. CANDIDATE COUNTRY.

(a) In General.--A country is a candidate country for the
purposes of this title--
(1) during fiscal year 2004, if such country is eligible to
receive loans from the International Development Association;
(2) during fiscal year 2005, if the per capita income of
such country is less than the historical per capita income
cutoff of the International Development Association for that
year; and
(3) during any fiscal year after 2005--
(A) for which more than $5,000,000,000 has been
appropriated to the Millennium Challenge Account, if the
country is classified as a lower middle income country by the
World Bank on the first day of such fiscal year; or
(B) for which not more than $5,000,000,000 has been
appropriated to such Millennium Challenge Account, the per
capita income of such country is less than the historical per
capita income cutoff of the International Development
Association for that year.
(b) Limitation on Assistance to Certain Candidate
Countries.--In a fiscal year in which subparagraph (A) of
subsection (a)(3) applies with respect to determining
candidate countries, not more than 20 percent of the amounts
appropriated to the Millennium Challenge Account shall be
available for assistance to countries that would not be
candidate countries if subparagraph (B) of subsection (a)(3)
applied during such year.

SEC. 307. ELIGIBLE COUNTRY.

(a) Determination by the Board.--The Board shall determine
whether a candidate country is an eligible country by
evaluating the demonstrated commitment of the government of
the candidate country to--
(1) just and democratic governance, including a
demonstrated commitment to--
(A) promote political pluralism and the rule of law;
(B) respect human and civil rights;
(C) protect private property rights;
(D) encourage transparency and accountability of
government; and
(E) limit corruption;
(2) economic freedom, including a demonstrated commitment
to economic policies that--
(A) encourage citizens and firms to participate in global
trade and international capital markets;
(B) promote private sector growth and the sustainable use
of natural resources; and
(C) strengthen market forces in the economy; and
(3) investments in the people of such country, including
improving the availability of educational opportunities and
health care for all citizens of such country.
(b) Assessing Eligibility.--
(1) In general.--To evaluate the demonstrated commitment of
a candidate country for the purposes of subsection (a), the
CEO shall recommend objective and quantifiable indicators, to
be approved by the Board, of a candidate country's
performance with respect to the criteria described in
paragraphs (1), (2), and (3) of such subsection. In
recognition of the essential role of women in developing
countries, the CEO shall ensure that such indicators, where
appropriate, take into account and assess the role of women
and girls. The approved indicators shall be used in selecting
eligible countries.
(2) Annual publication of indicators.--
(A) Initial publication.--Not later than 45 days prior to
the final publication of indicators under subparagraph (B) in
any year, the Board shall publish in the Federal Register and
make available on the Internet the indicators that the Board
proposes to use for the purposes of paragraph (1) in such
year.
(B) Final publication.--Not later than 15 days prior to the
selection of eligible countries in any year, the Board shall
publish in the Federal Register and make available on the
Internet the indicators that are to be used for the purposes
of paragraph (1) in such year.
(3) Consideration of public comment.--The Board shall
consider any comments on the proposed indicators published
under paragraph (2)(A) that are received within 30 days after
the publication of such indicators when selecting the
indicators to be used for the purposes of paragraph (1).

SEC. 308. ELIGIBLE ENTITY.

(a) Assistance.--Any eligible entity may receive assistance
under this title to carry out a project in an eligible
country for the purpose of making progress toward achieving
an objective of a Millennium Challenge Contract.
(b) Determinations of Eligibility.--The Board shall
determine whether a person or governmental entity is an
eligible entity for the purposes of this section.
(c) Eligible Entities.--For the purposes of this section,
an eligible entity is--
(1) a government, including a local or regional government;
or
(2) a nongovernmental organization or other private entity.

SEC. 309. MILLENNIUM CHALLENGE CONTRACT.

(a) In General.--The Board shall invite the government of
an eligible country to enter into a Millennium Challenge
Contract with the Corporation. A Millennium Challenge
Contract shall establish a multiyear plan for the eligible
country to achieve specific objectives consistent with the
purposes set out in section 302(b).
(b) Content.--A Millennium Challenge Contract shall
include--
(1) specific objectives to be achieved by the eligible
country during the term of the Contract;
(2) a description of the actions to be taken by the
government of the eligible country and the United States
Government for achieving such objectives;
(3) the role and contribution of private entities,
nongovernmental organizations, and other organizations in
achieving such objectives;

[[Page S13416]]

(4) a description of beneficiaries, to the extent possible
disaggregated by gender;
(5) regular benchmarks for measuring progress toward
achieving such objectives;
(6) a schedule for achieving such objectives;
(7) a schedule of evaluations to be performed to determine
whether the country is meeting its commitments under the
Contract;
(8) a statement that the Corporation intends to consider
the eligible country's performance in achieving such
objectives in making decisions about providing continued
assistance under the Contract;
(9) the strategy of the eligible country to sustain
progress made toward achieving such objectives after the
expiration of the Contract;
(10) a plan to ensure financial accountability for any
assistance provided to a person or government in the eligible
country under this title; and
(11) a statement that nothing in the Contract may be
construed to create a legally binding or enforceable
obligation on the United States Government or on the
Corporation.
(c) Requirement for Consultation.--The Corporation shall
seek to ensure that the government of an eligible country
consults with private entities and nongovernmental
organizations in the eligible country for the purpose of
ensuring that the terms of a Millennium Challenge Contract
entered into by the Corporation and the eligible country--
(1) reflect the needs of the rural and urban poor in the
eligible country; and
(2) provide means to assist poor men and women in the
eligible country to escape poverty through their own efforts.
(d) Requirement for Approval by the Board.--A Millennium
Challenge Contract shall be approved by the Board before the
Corporation enters into the Contract.

SEC. 310. SUSPENSION OF ASSISTANCE TO AN ELIGIBLE COUNTRY.

The Secretary of State shall direct the CEO to suspend the
provision of assistance to an eligible country under a
Millennium Challenge Contract during any period for which
such eligible country is ineligible to receive assistance
under a provision of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.).

SEC. 311. DISCLOSURE.

(a) Requirement for Disclosure.--The Corporation shall make
available to the public on a continuous basis and on the
earliest possible date, but not later than 15 days after the
information is available to the Corporation, the following
information:
(1) A list of the candidate countries determined to be
eligible countries during any year.
(2) The text of each Millennium Challenge Contract entered
into by the Corporation.
(3) For assistance provided under this title--
(A) the name of each entity to which assistance is
provided;
(B) the amount of assistance provided to the entity; and
(C) a description of the program or project for which
assistance was provided.
(4) For each eligible country, an assessment of--
(A) the progress made during each year by an eligible
country toward achieving the objectives set out in the
Millennium Challenge Contract entered into by the eligible
country; and
(B) the extent to which assistance provided under this
title has been effective in helping the eligible country to
achieve such objectives.
(b) Dissemination.--The information required to be
disclosed under subsection (a) shall be made available to the
public by means of publication in the Federal Register and
posting on the Internet, as well as by any other methods that
the Board determines appropriate.

SEC. 312. MILLENNIUM CHALLENGE ASSISTANCE TO CANDIDATE
COUNTRIES.

(a) Authority.--Notwithstanding any other provision of this
title and subject to the limitation in subsection (c), the
Corporation is authorized to provide assistance to a
candidate country that meets the conditions in subsection (b)
for the purpose of assisting such country to become an
eligible country.
(b) Conditions.--Assistance under subsection (a) may be
provided to a candidate country that is not an eligible
country under section 307 because of--
(1) the unreliability of data used to assess its
eligibility under section 307; or
(2) the failure of the government of the candidate country
to perform adequately with respect to only 1 of the
indicators described in subsection (a) of section 307.
(c) Limitation.--The total amount of assistance provided
under subsection (a) in a fiscal year may not exceed 10
percent of the funds made available to the Millennium
Challenge Account during such fiscal year.

SEC. 313. ANNUAL REPORT TO CONGRESS.

Not later than January 31 of each year, the President shall
submit to Congress a report on the assistance provided under
this title during the prior fiscal year. The report shall
include--
(1) information regarding obligations and expenditures for
assistance provided to each eligible country in the prior
fiscal year;
(2) a discussion, for each eligible country, of the
objectives of such assistance;
(3) a description of the coordination of assistance under
this title with other United States foreign assistance and
related trade policies;
(4) a description of the coordination of assistance under
this title with the contributions of other donors; and
(5) any other information the President considers relevant
to assistance provided under this title.

SEC. 314. POWERS OF THE CORPORATION.

(a) Powers.--The Corporation--
(1) shall have perpetual succession unless dissolved by an
Act of Congress;
(2) may adopt, alter, and use a seal, which shall be
judicially noticed;
(3) may prescribe, amend, and repeal such rules,
regulations, and procedures as may be necessary for carrying
out the functions of the Corporation;
(4) may make and perform such contracts, grants, and other
agreements with any person or government however designated
and wherever situated, as may be necessary for carrying out
the functions of the Corporation;
(5) may determine and prescribe the manner in which its
obligations shall be incurred and its expenses allowed and
paid, including expenses for representation;
(6) may lease, purchase, or otherwise acquire, improve, and
use such real property wherever situated, as may be necessary
for carrying out the functions of the Corporation;
(7) may accept cash gifts or donations of services or of
property (real, personal, or mixed), tangible or intangible,
for the purpose of carrying out the provisions of this title;
(8) may use the United States mails in the same manner and
on the same conditions as the executive departments of
Government;
(9) may contract with individuals for personal services,
who shall not be considered Federal employees for any
provision of law administered by the Office of Personnel
Management;
(10) may hire or obtain passenger motor vehicles; and
(11) shall have such other powers as may be necessary and
incident to carrying out this title.
(b) Contracting Authority.--The functions and powers
authorized by this title may be performed without regard to
any provision of law regulating the making, performance,
amendment, or modification of contracts, grants, and other
agreements.

SEC. 315. COORDINATION WITH USAID.

(a) Requirement for Coordination.--An employee of the
Corporation assigned to a United States diplomatic mission or
consular post or a United States Agency for International
Development field mission in a foreign country shall, in a
manner that is consistent with the authority of the Chief of
Mission, coordinate the performance of the functions of the
Corporation in such country with the officer in charge of the
United States Agency of International Development programs
located in such country.
(b) USAID Programs.--The Administrator of the United States
Agency for International Development shall seek to ensure
that appropriate programs of the Agency play a primary role
in preparing candidate countries to become eligible countries
under section 307.

SEC. 316. PRINCIPAL OFFICE.

The Corporation shall maintain its principal office in the
metropolitan area of Washington, District of Columbia.

SEC. 317. PERSONNEL AUTHORITIES.

(a) Requirement To Prescribe a Human Resources Management
System.--The CEO shall, jointly with the Director of the
Office of Personnel Management, prescribe regulations that
establish a human resources management system, including a
retirement benefits program, for the Corporation.
(b) Relationship to Other Laws.--
(1) Inapplicability of certain laws.--Except as provided in
paragraph (2), the provisions of title 5, United States Code,
and of the Foreign Service Act of 1980 (22 U.S.C. 3901 et
seq.) shall not apply to the human resource management
program established pursuant to paragraph (1).
(2) Application of certain laws.--The human resources
management system established pursuant to subsection (a) may
not waive, modify, or otherwise affect the application to
employees of the Corporation of the following provisions:
(A) Section 2301 of title 5, United States Code.
(B) Section 2302(b) of such title.
(C) Chapter 63 of such title (relating to leave).
(D) Chapter 72 of such title (relating to
antidiscrimination).
(E) Chapter 73 of such title (relating to suitability,
security, and conduct).
(F) Chapter 81 of such title (relating to compensation for
work injuries).
(G) Chapter 85 of such title (relating to unemployment
compensation).
(H) Chapter 87 of such title (relating to life insurance).
(I) Chapter 89 of such title (relating to health
insurance).
(J) Chapter 90 of such title (relating to long-term care
insurance).
(3) Relationship to retirement benefits laws.--The
retirement benefits program referred to in subsection (a)
shall permit the employees of the Corporation to be eligible,
unless the CEO determines otherwise, for benefits under--
(A) subchapter III of chapter 83 and chapter 84 of title 5,
United States Code (relating to retirement benefits); or

[[Page S13417]]

(B) chapter 8 of title I of the Foreign Service Act of 1980
(22 U.S.C. 4041 et seq.) (relating to the Foreign Service
Retirement and Disability System).
(c) Appointment and Termination.--Except as otherwise
provided in this section, the CEO may, without regard to any
civil service or Foreign Service law or regulation, appoint
and terminate employees as may be necessary to enable the
Corporation to perform its duties.
(d) Compensation.--
(1) Authority to fix compensation.--Subject to the
provisions of paragraph (2), the CEO may fix the compensation
of employees of the Corporation.
(2) Limitations on compensation.--The compensation for an
employee of the Corporation may not exceed the lesser of--
(A) the rate of compensation established under title 5,
United States Code, or any Foreign Service law for an
employee of the Federal Government who holds a position that
is comparable to the position held by the employee of the
Corporation; or
(B) the rate of pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code.
(e) Term of Employment.--
(1) In general.--Except as provided in paragraphs (2) and
(3), no individual may be employed by the Corporation for a
total period of employment that exceeds 5 years.
(2) Excepted positions.--The CEO, and not more than 3 other
employees of the Corporation who are designated by the CEO,
may be employed by the Corporation for an unlimited period of
employment.
(3) Waiver.--The CEO may waive the maximum term of
employment described in paragraph (1) if the CEO determines
that such waiver is essential to the achievement of the
purposes of this title.
(f) Authority for Temporary Employees.--The CEO may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, at rates for individuals which
do not exceed the daily equivalent of the annual rate of
basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(g) Detail of Federal Employees to the Corporation.--Any
Federal Government employee may be detailed to the
Corporation on a fully or partially reimbursable or on a
nonreimbursable basis, and such detail shall be without
interruption or loss of civil service or Foreign Service
status or privilege.
(h) Reinstatement.--An employee of the Federal Government
serving under a career or career conditional appointment, or
the equivalent, in a Federal agency who transfers to or
converts to an appointment in the Corporation with the
consent of the head of the agency is entitled to be returned
to the employee's former position or a position of like
seniority, status, and pay without grade or pay reduction in
the agency if the employee--
(1) is being separated from the Corporation for reasons
other than misconduct, neglect of duty, or malfeasance; and
(2) applies for return to the agency not later than 30 days
before the date of the termination of the employment in the
Corporation.

SEC. 318. PERSONNEL OUTSIDE THE UNITED STATES.

(a) Assignment to United States Embassies.--An employee of
the Corporation, including an individual detailed to or
contracted by the Corporation, may be assigned to a United
States diplomatic mission or consular post or a United States
Agency for International Development field mission.
(b) Privileges and Immunities.--The Secretary of State
shall seek to ensure that an employee of the Corporation,
including an individual detailed to or contracted by the
Corporation, and the members of the family of such employee,
while the employee is performing duties in any country or
place outside the United States, enjoy the privileges and
immunities that are enjoyed by a member of the Foreign
Service, or the family of a member of the Foreign Service, as
appropriate, of comparable rank and salary of such employee,
if such employee or a member of the family of such employee
is not a national of or permanently resident in such country
or place.
(c) Responsibility of Chief of Mission.--An employee of the
Corporation, including an individual detailed to or
contracted by the Corporation, and a member of the family of
such employee, shall be subject to section 207 of the Foreign
Service Act of 1980 (22 U.S.C. 3927) in the same manner as
United States Government employees while the employee is
performing duties in any country or place outside the United
States if such employee or member of the family of such
employee is not a national of or permanently resident in such
country or place.

SEC. 319. USE OF SERVICES OF OTHER AGENCIES.

The Corporation may utilize the information services,
facilities and personnel of, or procure commodities from, any
agency of the United States Government on a fully or
partially reimbursable or nonreimbursable basis under such
terms and conditions as may be agreed to by the head of such
agency and the Corporation for carrying out this title.

SEC. 320. ADMINISTRATIVE AUTHORITIES.

The Corporation is authorized to use any of the
administrative authorities contained in the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) and
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
unless such authority is inconsistent with a provision of
this title.

SEC. 321. APPLICABILITY OF CHAPTER 91 OF TITLE 31, UNITED
STATES CODE.

The Corporation shall be subject to chapter 91 of title 31,
United States Code.

SEC. 322. ESTABLISHMENT OF THE MILLENNIUM CHALLENGE ACCOUNT.

There is established on the books of the Treasury an
account to be known as the Millennium Challenge Account that
shall be administered by the CEO under the direction of the
Board. All amounts made available to carry out the provisions
of this title shall be deposited into such Account and such
amounts shall be available to carry out such provisions.

SEC. 323. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to
carry out the provisions of this title $1,000,000,000 for
fiscal year 2004, $2,300,000,000 for fiscal year 2005, and
$5,000,000,000 for fiscal year 2006.
(b) Availability.--Funds appropriated under subsection
(a)--
(1) are authorized to remain available until expended,
subject to appropriations acts; and
(2) are in addition to funds otherwise available for such
purposes.
(c) Allocation of Funds.--
(1) In general.--The Corporation may allocate or transfer
to any agency of the United States Government any of the
funds available for carrying out this title. Such funds shall
be available for obligation and expenditure for the purposes
for which authorized, in accordance with authority granted in
this title or under authority governing the activities of the
agencies of the United States Government to which such funds
are allocated or transferred.
(2) Notification.--The notification requirements of section
634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2394-1(a)) shall apply to any allocation or transfer of funds
made pursuant to paragraph (1).

SEC. 324. APPROPRIATIONS.

(a) In General.--There is hereby appropriated
$1,000,000,000 for fiscal year 2004, to remain available
until expended, to carry out the provisions of this title to
provide 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) Notification.--Funds appropriated under this title
shall be available for obligation only pursuant to the
regular notification procedures of the Committees on
Appropriations.
______

SA 2018. Mr. McCONNELL (for Mr. Ensign) 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:

On page 147, between lines 6 and 7, insert the following
new section:

Democracy Building In Cuba

Sec. 692. (a) Of the funds appropriated in Title II, under
the heading ``Transition Initiatives'' not more than
$5,000,000 shall be available for individuals and independent
nongovernmental organizations to support democracy-building
efforts for Cuba, including the following:
(1) Published and informational material, such as books,
videos, and cassettes, on transitions to democracy, human
rights, and market economics, to be made available to
independent democratic groups in Cuba.
(2) Humanitarian assistance to victims of political
repression, and their families.
(3) Support for democratic and human rights groups in Cuba.
(4) Support for visits and permanent deployment of
independent international human rights monitors in Cuba.
(1) The term ``independent nongovernmental organization''
means an organization that the Secretary of State determines,
not less than 15 days before any obligation of funds made
available under this section to the organization, is a
charitable or nonprofit nongovernmental organization that is
not an agency or instrumentality of the Cuban Government.
(2) The term ``individuals'' means a Cuban national in
Cuba, including a political prisoner and the family of such
prisoner, who is not an official of the Cuban Government or
of the ruling political party in Cuba, as defined in section
4(10) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6023(10)).
(c) The notification requirements of section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) shall apply
to any allocation or transfer of funds made pursuant to this
section.
______

SA 2019. Mr. REID (for Mr. Leahy) 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:

On page 23, line 3, before the colon, insert the following:
: Provided further, That of the funds appropriated under
this heading, funds shall be made available to the World
Health Organization's HIV/AIDS, Tuberculosis and Malaria
Cluster
On page 23, line 8, before the period, insert the
following:

[[Page S13418]]

: Provided further, That the Coordinator should seek to
ensure that an appropriate percent of the budget for
prevention and treatment programs of the Global Fund to Fight
AIDS, Tuberculosis and Malaria is made available to support
technical assistance to ensure the quality of such programs
______

SA 2020. Mr. McCONNELL (for Mr. Feingold) 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:

On page 147, between lines 6 and 7, insert the following:

responsible justice and reconciliation mechanisms in central africa

Sec. 692. (a) Of the funds appropriated under title II
under the heading ``economic support fund'', $12,000,000
should be made available to support the development of
responsible justice and reconciliation mechanisms in the
Democratic Republic of the Congo, Rwanda, Burundi, and
Uganda, including programs to increase awareness of gender-
based violence and improve local capacity to prevent and
respond to such violence.
______

SA 2021. Mr. McCONNELL (for Mr. Brownback (for himself and Mrs.
Feinstein)) 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:

On page 77, beginning on line 20, strike ``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:'' and insert ``not to exceed $4,000,000 shall be
provided 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, of which up to $3,000,000
may be made available for the Bridge Fund of the Rockefeller
Philanthropic Advisors to support such activities:''.
______

SA 2022. Mr. REID (for Mr. Leahy) 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:

On page 53, line 21, strike ``$8,898,000'' and insert in
lieu thereof the following: $898,000
On page 55, line 26, strike ``$314,550,000'' and insert in
lieu thereof the following: $322,550,000
______

SA 2023. Mr. REID (for Mr. Kennedy) 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:

At the appropriate place, insert the following:
Sec. XX. The Secretary of State should make publicly
available prices paid to purchase HIV/AIDS pharmaceuticals,
antiviral therapies, and other appropriate medicines,
including medicines to treat opportunistic infections, for
the treatment of people with HIV/AIDS and the prevention of
mother-to-child transmission of HIV/AIDS in developing
counties--
(1) through the use of funds appropriated under this Act;
and
(2) to the extent available, by--
(A) the World Health Organization; and
(B) the Global Fund to Fight AIDS, Tuberculosis, and
Malaria.
______

SA 2024. Mr. McCONNELL (for Mr. Frist (for himself, Mr. McConnell,
and Mr. Leahy)) 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:
On page 22, strike line 3 and insert the following:

ACTIVITIES TO COMBAT HIV/AIDS GLOBALLY FUND

On page 22, line 10, insert ``except for the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.) as amended by
section 692 of this Act,'' after ``law,''.
On page 74, line 22, insert ``except for the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.) as amended by
section 692 of this Act'' before the colon.
On page 147, between lines 6 and 7, insert the following
new section:

assistance for hiv/aids

Sec. 692. The United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.) is amended--
(1) in section 202(d)(4)(A), by adding at the end the
following new clause:
``(vi) for the purposes of clause (i), `funds contributed
to the Global Fund from all sources' means funds contributed
to the Global Fund at any time during fiscal years 2004
through 2008 that are not contributed to fulfill a commitment
made for a fiscal year prior to fiscal year 2004.'';
(2) in section 202(d)(4)(B), by adding at the end the
following new clause:
``(iv) Notwithstanding clause (i), after July 1 of each of
the fiscal years 2004 through 2008, any amount made available
under this subsection that is withheld by reason of
subparagraph (A)(i) is authorized to be made available to
carry out sections 104A, 104B, and 104C of the Foreign
Assistance Act of 1961 (as added by title III of this Act).
''; and
(3) in section 301(f), by inserting ``, except that this
subsection shall not apply to the Global Fund to Fight AIDS,
Tuberculosis and Malaria or to any United Nations voluntary
agency'' after ``trafficking''.

____________________