Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2800 Public Print (PP)]

1st Session
H. R. 2800

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

October 30, 2003

Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

AN ACT

Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2004, and for
other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 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 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: 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.

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, including
the cost of modifying such direct and guaranteed loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: 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.
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 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 of the funds made available pursuant
to the previous proviso, $2,000,000 shall be made available for the Ibn
Khaldun Center for Development: Provided further, 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, 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 $10,000,000 shall be made available for programs and
activities in rural Mexico to promote microcredit lending, small
business and entrepreneurial development, and private property
ownership in rural communities, and to support small farmers who have
been affected by adverse economic conditions: Provided further, That
funds made available pursuant to the previous proviso may be made
available only if the case involving three Americans arrested in
Oaxaca, Mexico on October 6, 2003, in connection with a private
property dispute is resolved satisfactorily, and such funds shall be
subject to the regular notification procedures of the Committees on
Appropriations: 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, of which up to $1,000,000 may be available for
administrative expenses of the United States Agency for International
Development: Provided further, That of the funds made available under
this heading, not less than $2,500,000 shall be made available, in
addition to amounts otherwise available for such purposes, as a United
States contribution to the Office of the United Nations High
Commissioner for Human Rights, to support its activities including
human rights training for peacekeepers, activities to address
trafficking in persons, monitoring and field activities: 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 of
the funds appropriated under this heading, not less than $350,000
should be made available, notwithstanding any other provision of law,
for the National Endowment for Democracy to support democracy and human
rights in North Korea: 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 made available under this heading
and the heading ``Office of Transition Initiatives'', not less than
$5,000,000 shall be made available for disarmament, demobilization, and
reintegration of child soldiers in Liberia: Provided further, 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, 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.

activities to combat hiv/aids globally fund

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, 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 699J of this Act, 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,
funds shall be made available to the World Health Organization's HIV/
AIDS, Tuberculosis and Malaria Cluster: 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: 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: 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:
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.

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, 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 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 $5,000,000 shall be made
available to promote freedom of the media and an independent media in
Russia: 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 of
the funds appropriated under this heading, $500,000 shall be made
available to support democracy building programs in Russia through the
Sakharov Archives: 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, of which $2,105,000
should be made available for construction and completion of a new
facility: Provided further, That of the funds appropriated under this
heading, not more than $25,117,000 may be available for administrative
expenses: Provided further, That $5,000,000 of amounts made available
under this heading shall be for combating piracy of United States
intellectual property.

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 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 $3,500,000 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; and (2) the herbicide mixture, in the manner it is
being used, does not pose unreasonable risks or adverse effects to
humans or the environment: Provided further, That such funds may not be
made available unless the Secretary of State certifies to the
Committees on Appropriations that complaints of harm to health or licit
crops caused by such fumigation are evaluated and fair compensation is
being paid for meritorious claims: Provided further,  That 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 of the funds
appropriated under this heading, not less than $2,500,000 shall be made
available for continued training, equipment, and other assistance for
the Colombian National Park Service: Provided further, That none of the
funds appropriated by this Act shall be made available for aerial
fumigation within Colombia's national parks: 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 $21,000,000 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:
Provided, That funds made available under this heading are appropriated
notwithstanding the provisions contained in section 2(c)(2) of such Act
which would limit the amount of funds which could be appropriated for
this purpose.

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 and that
are not necessary to make the United States contribution to the
Commission in the amount assessed for fiscal year 2004 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 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

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.
(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;
(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
(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.

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, $27,000,000 shall be made available for
assistance for Poland: 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 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, $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, $322,550,000:
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 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 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 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 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 699J of this Act: 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
$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: 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 Independent 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 $25,000,000 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, and to
support programs aimed at addressing the needs of Afghan women in
consultation with other Afghan ministries: 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
$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: 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, 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: 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
(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 the
application of section 507(4) (D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and 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).
(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.
(j) Waiver.--The prohibition in section 694 of this Act may be
waived on a country by country basis if the President determines that
doing so is in the national security interest of the United States:
Provided, That prior to exercising such waiver authority, the President
shall submit a report to the Committees on Appropriations describing:
(1) the steps the Administration is taking to obtain the
cooperation of the government in surrendering the indictee in
question to the Special Court for Sierra Leone (SCSL) or the
International Criminal Tribunal for Rwanda (ICTR);
(2) a strategy for bringing the indictee before ICTR or
SCSL; and
(3) the justification for exercising the waiver authority.

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

withholding of assistance for parking fines owed by foreign countries

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.

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 one year 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 governments and nongovernmental organizations, shall
submit to the Committees on Appropriations a strategy 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 $5,000,000 shall be made available in fiscal year 2004 to
develop the strategy 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 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.
(c) It is the sense of the Senate that the United Nations Security
Council should debate and consider sanctions against Burma as a result
of the threat to regional stability and peace posed by the repressive
and illegitimate rule of the State Peace and Development Council.

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
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 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 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 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 31, 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 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 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.
(c) Report.--The requirement for an annual report, contained in
section 582 (b)(1) of Division E of Public Law 108-7, shall be
applicable to all programs for which funds are provided under the
authority of this subsection.

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.

prohibition on funding to countries that trade in certain weapons with
north korea

Sec. 692. (a) No funds appropriated pursuant to this Act may be
made available to the government of a country or for a project in a
country that, during the 12-month period ending on the date that such
funds would be obligated, has--
(1) exported to North Korea any item listed on the United
States Munitions List under section 38 of the Arms Export
Control Act (22 U.S.C. 2278) or any dual-use item on the
Commerce Control List pursuant to the Export Administration
Regulations (15 C.F.R. part 730 et seq.), if the President
determines that such items are intended for use in a weapons of
mass destruction or a missile program in North Korea; or
(2) imported from North Korea any item described in
paragraph (1).
(b) The President may waive the prohibition in subsection (a) with
respect to a county or project if the President certifies to Congress
that it is in the national interest of the United States to waive the
prohibition.

malaysia

Sec. 693. (a) Funds appropriated by this Act that are available for
assistance for Malaysia may be made available if the Secretary of State
determines and reports to the Committees on Appropriations that the
Government of Malaysia supports and promotes religious freedoms,
including tolerance for people of the Jewish faith.
(b) The Secretary of State may waive the requirements of subsection
(a) if he determines and reports to the Committees on Appropriations
that such a waiver is in the national security interests of the United
States.

war crimes in africa

Sec. 694. Funds appropriated by this Act, including funds for debt
restructuring, shall not be made available to the central government of
a country in which individuals indicted by the International Criminal
Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone
(SCSL) are credibly alleged to be living unless the Secretary of State
certifies to the President of the Senate and the Speaker of the House
of Representatives that such government is cooperating with ICTR and
SCSL, including the surrender and transfer of indictees: Provided, That
the previous proviso shall not apply to assistance provided under
section 551 of the Foreign Assistance Act of 1961: Provided further,
That the United States shall use its voice and vote in the United
Nations Security Council to fully support efforts by ICTR and SCSL to
bring to justice individuals indicted by such tribunals.

report on admission of refugees

Sec. 695. (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 United States 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 Commissioner 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.

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

Sec. 696. 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.

post differentials and danger pay allowances

Sec. 697. (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.

sense of congress on contracting for delivery of assistance by air

Sec. 698. 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.
Sec. 699. (a) Congress makes the following findings:
(1) International organizations and non-governmental
observers, including the Organization for Security and
Cooperation in Europe, the National Democratic Institute, and
Human Rights Watch documented widespread government
manipulation of the electoral process in advance of the
Presidential election held in Azerbaijan on October 15, 2003.
(2) Such organizations and the Department of State reported
widespread vote falsification during the election, including
ballot stuffing, fraudulent additions to voter lists, and
irregularities with vote tallies and found that election
commission members from opposition parties were bullied into
signing falsified vote tallies.
(3) The Department of State issued a statement on October
21, 2003 concluding that the irregularities that occurred
during the elections ``cast doubt on the credibility of the
election's results''.
(4) Human Rights Watch reported that government forces in
Azerbaijan used excessive force against demonstrators
protesting election fraud and that such force resulted in at
least one death and injuries to more than 300 individuals.
(5) Following the elections, the Government of Azerbaijan
arrested more than 330 individuals, many of whom are leaders
and rank-and-file members of opposition parties in Azerbaijan,
including individuals who served as observers and polling-
station officials who refused to sign vote tallies from polling
stations that the individuals believed were fraudulent.
(6) The national interest of the United States in promoting
stability in the Caucasus and Central Asia and in winning the
war on terrorism is best protected by maintaining relationships
with democracies committed to the rule of law.
(7) The credible reports of fraud and intimidation cast
serious doubt on the legitimacy of the October 15, 2003
Presidential election in Azerbaijan and on the victory of Ilham
Aliev in such election.
(b) It is the sense of Congress that--
(1) the President and the Secretary of State should urge
the Government of Azerbaijan to create an independent
commission, with participation from the Organization for
Security and Cooperation in Europe and the Council of Europe,
to investigate the fraud and intimidation surrounding the
October 15, 2003 election in Azerbaijan, and to hold a new
election if such a commission finds that a new election is
warranted;
(2) the violence that followed the election should be
condemned and should be investigated in a full and impartial
investigation;
(3) the perpetrators of criminal acts related to the
election, including Azerbaijani police, should be held
accountable; and
(4) the Government of Azerbaijan should immediately release
from detention all members of opposition political parties who
were arrested for peacefully expressing political opinions.
(c) Not later than 90 days after the date of the enactment of this
Act, the Secretary of State, in consultation with the Attorney General,
shall submit a report to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee on
International Relations and the Committee of Appropriations of the
House of Representatives on the investigation of the murder of United
States democracy worker John Alvis. Such report shall include--
(1) a description of the steps taken by the Government of
Azerbaijan to further such investigation and bring to justice
those responsible for the murder of John Alvis;
(2) a description of the actions of the Government of
Azerbaijan to cooperate with United States agencies involved in
such investigation; and
(3) any recommendations of the Secretary for furthering
progress of such investigation.

report on sierra leone

Sec. 699A. 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.

report on somalia

Sec. 699B. (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.

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

Sec. 699C. 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.''.

guinea worm eradication program

Sec. 699D. 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.
Sec. 699E. (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 initially 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.
Sec. 699F. (a) None of the funds made available by title II under
the heading ``migration and refugee assistance'' or ``united states
emergency refugee and migration assistance fund'' 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, the Committee on International Relations of
the House of Representatives and the Committees on Appropriations 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.

democracy building in cuba

Sec. 699G. (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.
(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 ``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.

responsible justice and reconciliation mechanisms in central africa

Sec. 699H. (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.
Sec. 699I. Beginning not later than 60 days after the date of
enactment of this Act, the Coordinator should make publicly available
(including through posting on Internet web sites maintained by the
Coordinator) prices paid to purchase HIV/AIDS pharmaceuticals,
antiviral therapies, diagnostic and monitoring tests, 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.

assistance for hiv/aids

Sec. 699J. 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''.

global aids assistance

Sec. 699K. 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.

international military training assistance for indonesia

Sec. 699L. (a) Subject to subsection (b), none of the funds
appropriated under the heading ``international military education and
training'' shall be made available for Indonesia, except that such
prohibition shall not apply to expanded military education and
training.
(b) The President may waive the application of subsection (a) if
the President determines that important national security interests of
the United States justify such a waiver and the President submits
notice of such a waiver and justification to the Committees on
Appropriations in accordance with the regular notification procedures
of such Committees.
(c) Respect of the Indonesian military for human rights and the
normalization of the military relationship between the United States
and Indonesia is in the interests of both countries. The normalization
process cannot begin until the Federal Bureau of Investigation has
received full cooperation from the Government of Indonesia and the
Indonesian armed forces with respect to its investigation into the
August 31, 2002, murders of two American citizens and one Indonesian
citizen in Timika, Indonesia, and the individuals responsible for those
murders have been prosecuted and appropriately punished.

technical correction relating to the enhanced hipc initiative.

Sec. 699M. Section 1625(a)(1)(B)(ii) of the International Financial
Institutions Act (as added by section 501 of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Public Law 108-25)) is amended by striking ``subparagraph (A)'' and
inserting ``clause (i)''.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004''.

Passed the House of Representatives July 24 (legislative
day, July 23), 2003.

Attest:

JEFF TRANDAHL,

Clerk.

Passed the Senate October 30, 2003.

Attest:

EMILY J. REYNOLDS,

Secretary.