Foreign Assistance Authorization Act, fiscal year 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1161 Reported in Senate (RS)]

Calendar No. 116
108th CONGRESS
1st Session
S. 1161

To authorize appropriations for foreign assistance programs for fiscal
year 2004, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 29, 2003

Mr. Lugar, from the Committee on Foreign Relations, reported under the
authority of the order of the Senate of May 23, 2003, the following
original bill; which was read twice and placed on the calendar

_______________________________________________________________________

A BILL

To authorize appropriations for foreign assistance programs for fiscal
year 2004, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Foreign Assistance
Authorization Act, fiscal year 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION OF APPROPRIATIONS

Subtitle A--Development Assistance and Related Programs Authorizations

Sec. 101. Development assistance.
Sec. 102. Child Survival and Health Programs Fund.
Sec. 103. Development credit authority.
Sec. 104. Program to provide technical assistance to foreign
governments and foreign central banks of
developing or transitional countries.
Sec. 105. International organizations and programs.
Sec. 106. Continued availability of certain funds withheld from
international organizations.
Sec. 107. International disaster assistance.
Sec. 108. Transition initiatives.
Sec. 109. Famine assistance.
Sec. 110. Assistance for the independent states of the former Soviet
Union.
Sec. 111. Assistance for Eastern Europe and the Baltic States.
Sec. 112. Operating expenses of the United States Agency for
International Development.
Subtitle B--Counternarcotics, Security Assistance, and Related Programs
Authorizations

Sec. 121. Complex foreign contingencies.
Sec. 122. International narcotics control and law enforcement.
Sec. 123. Economic Support Fund.
Sec. 124. International military education and training.
Sec. 125. Peacekeeping operations.
Sec. 126. Nonproliferation, anti-terrorism, demining, and related
assistance.
Sec. 127. Foreign military financing program.
Subtitle C--Independent Agencies Authorizations

Sec. 131. Inter-American Foundation.
Sec. 132. African Development Foundation.
Subtitle D--Multilateral Development Bank Authorizations

Sec. 141. Contribution to the seventh replenishment of the Asian
Development Fund.
Sec. 142. Contribution to the thirteenth replenishment of the
International Development Association.
Sec. 143. Contribution to the ninth replenishment of the African
Development Fund.
Subtitle E--Authorization for Iraq Relief and Reconstruction

Sec. 151. Authorization of assistance for relief and reconstruction
efforts.
Sec. 152. Reporting and consultation.
Sec. 153. Special assistance authority.
Sec. 154. Inapplicability of certain restrictions.
Sec. 155. Termination of authorities.
TITLE II--AMENDMENTS TO GENERAL FOREIGN ASSISTANCE AUTHORITIES

Subtitle A--Foreign Assistance Act Amendments and Related Provisions

Sec. 201. Development policy.
Sec. 202. Assistance for nongovernmental organizations.
Sec. 203. Authority for use of funds for unanticipated contingencies.
Sec. 204. Authority to accept lethal excess property.
Sec. 205. Reconstruction assistance under international disaster
assistance authority.
Sec. 206. Funding authorities for assistance for the independent states
of the former Soviet Union.
Sec. 207. Waiver of net proceeds resulting from disposal of United
States defense articles provided to a
foreign country on a grant basis.
Sec. 208. Transfer of certain obsolete or surplus defense articles in
the war reserve stockpiles for allies to
Israel.
Sec. 209. Additions to war reserve stockpiles for allies for fiscal
year 2004.
Sec. 210. Restrictions on economic support funds for Lebanon.
Sec. 211. Administration of justice.
Sec. 212. Demining programs.
Sec. 213. Special waiver authority.
Sec. 214. Prohibition of assistance for countries in default.
Sec. 215. Military coups.
Sec. 216. Designation of position for which appointee is nominated.
Sec. 217. Exceptions to requirement for congressional notification of
program changes.
Sec. 218. Commitments for expenditures of funds.
Sec. 219. Alternative dispute resolution.
Sec. 220. Administrative authorities.
Sec. 221. Assistance for law enforcement forces.
Sec. 222. Special debt relief for the poorest.
Sec. 223. Congo Basin Forest Partnership.
Sec. 224. Landmine clearance programs.
Sec. 225. Middle East Foundation.
Subtitle B--Arms Export Control Act Amendments and Related Provisions

Sec. 231. Thresholds for advance notice to Congress of sales or
upgrades of defense articles, design and
construction services, and major defense
equipment.
Sec. 232. Clarification of requirement for advance notice to Congress
of comprehensive export authorizations.
Sec. 233. Exception to bilateral agreement requirements for transfers
of defense items within Australia.
Sec. 234. Authority to provide cataloging data and services to non-NATO
countries.
Sec. 235. Freedom Support Act permanent waiver authority.
Sec. 236. Extension of Pakistan waivers.
Sec. 237. Consolidation of reports on nonproliferation in South Asia.
Sec. 238. Haitian Coast Guard.
Sec. 239. Sense of Congress relating to exports of defense items to the
United Kingdom.
Sec. 240. Marketing information for commercial communications
satellites.
TITLE III--RADIOLOGICAL TERRORISM THREAT REDUCTION

Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Definitions.
Sec. 304. International storage facilities for radioactive sources.
Sec. 305. Discovery, inventory, and recovery of radioactive sources.
Sec. 306. Radioisotope thermal generator power units in the independent
states of the former Soviet Union.
Sec. 307. Foreign first responders.
Sec. 308. Threat assessment reports.
TITLE IV--GLOBAL PATHOGEN SURVEILLANCE

Sec. 401. Short title.
Sec. 402. Findings; purpose.
Sec. 403. Definitions.
Sec. 404. Priority for certain countries.
Sec. 405. Restriction.
Sec. 406. Fellowship program.
Sec. 407. In-country training in laboratory techniques and syndrome
surveillance.
Sec. 408. Assistance for the purchase and maintenance of public health
laboratory equipment.
Sec. 409. Assistance for improved communication of public health
information.
Sec. 410. Assignment of public health personnel to United States
missions and international organizations.
Sec. 411. Expansion of certain United States Government laboratories
abroad.
Sec. 412. Assistance for regional health networks and expansion of
foreign epidemiology training programs.
Sec. 413. Authorization of appropriations.
TITLE V--MISCELLANEOUS PROVISIONS

Subtitle A--Elimination and Modification of Certain Reporting
Requirements

Sec. 501. Annual report on territorial integrity.
Sec. 502. Annual reports on activities in Colombia.
Sec. 503. Annual report on foreign military training.
Sec. 504. Report on human rights in Haiti.
Subtitle B--Other Matters

Sec. 511. Certain claims for expropriation by the Government of
Nicaragua.
Sec. 512. Amendments to the Arms Control and Disarmament Act.
Sec. 513. Support for Sierra Leone.
Sec. 514. Support for independent media in Ethiopia.
Sec. 515. Support for Somalia.
Sec. 516. Support for Central African States.
Sec. 517. African contingency operations training and assistance
program.
Sec. 518. Condition on the provision of certain funds to Indonesia.
Sec. 519. Assistance to combat HIV/AIDS in certain countries of the
Caribbean region.
Sec. 520. Repeal of obsolete assistance authority.
Sec. 521. Technical corrections.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

Subtitle A--Development Assistance and Related Programs Authorizations

SEC. 101. DEVELOPMENT ASSISTANCE.

(a) Authorization of Appropriations.--There is authorized to be
appropriated to the President for ``Development Assistance'',
$1,360,000,000 for fiscal year 2004 to carry out sections 103, 105,
106, and 496 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151a,
2151c, 2151d, and 2293).
(b) Availability.--Amounts appropriated under this section for the
purposes specified in subsection (a)--
(1) are authorized to remain available until expended; and
(2) are in addition to amounts otherwise available for such
purposes.
(c) Repeal of Obsolete Authorizations.--
(1) Agriculture, rural development, and nutrition.--Section
103(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151a(a)) is amended--
(A) by striking ``(a)(1)'' and inserting ``(a)'';
(B) by striking paragraphs (2) and (3); and
(C) by redesignating subparagraphs (A), (B), and
(C), as paragraphs (1), (2), and (3), respectively.
(2) Education and human resources development.--Section
105(a) of such Act (22 U.S.C. 2151c(a)) is amended by striking
the second sentence.
(3) Energy, private voluntary organizations, and selected
development activities.--Section 106 of such Act (22 U.S.C.
2151d) is amended by striking subsections (e) and (f).
(d) Technical Amendment of Development Fund for Africa.--Section
497 of the Foreign Assistance Act of 1961 (22 U.S.C. 2294) is amended
by striking ``Authorizations of Appropriations for the Development Fund
for Africa.--'' and inserting ``Availability of Funds.--''.

SEC. 102. CHILD SURVIVAL AND HEALTH PROGRAMS FUND.

(a) Authorization of Appropriations.--There are authorized to be
appropriated to the President for ``Child Survival and Health Programs
Fund'', $1,495,000,000 for fiscal year 2004 to carry out sections 104
and 496 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b and
2293). Amounts authorized to be appropriated under this section are in
addition to amounts available under other provisions of law to combat
the human immunodeficiency virus (HIV) or the acquired immune
deficiency syndrome (AIDS).
(b) Family Planning Programs.--Of the amount authorized to be
appropriated under subsection (a), $346,000,000 may be used for
assistance under sections 104(b) and 496(i)(3) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b(b) and 2293(i)(3)).
(c) Availability.--Amounts appropriated under this section for the
purposes specified in subsection (a)--
(1) are authorized to remain available until expended; and
(2) are in addition to amounts otherwise available for such
purposes.
(d) Repeal of Obsolete Authorizations and Technical Amendments.--
Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b(c)) is amended--
(1) in paragraph (2)--
(A) by striking subparagraphs (B) and (C); and
(B) by striking ``(2)(A)'' and inserting ``(2)'';
and
(2) in paragraph (3), by striking the last sentence.

SEC. 103. DEVELOPMENT CREDIT AUTHORITY.

Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended by inserting after section 108 (22
U.S.C. 2151f) the following:

``SEC. 108A. DEVELOPMENT CREDIT AUTHORITY.

``(a) Findings.--Congress makes the following findings:
``(1) Developing countries often have large reserves of
privately held capital that are not being adequately mobilized
and invested due to weak financial institutions and other
market imperfections in such countries.
``(2) Partial loan guarantees, particularly when used as an
integral part of a development strategy, are useful to leverage
local private capital for development while reforming and
strengthening developing country financial markets.
``(3) Requiring risk-sharing guarantees and limiting
guarantee assistance to private lenders encourages such lenders
to provide appropriate oversight and management of development
projects funded with loans made by such lenders and, thereby,
maximize the benefit which such projects will achieve.
``(b) Policy.--It is the policy of the United States to make
partial loan guarantees available to private lenders to fund
development projects in developing countries that encourage such
lenders to provide appropriate oversight and management of such
development projects.
``(c) Authority.--To carry out the policy set forth in subsection
(b), the President is authorized to provide assistance in the form of
loans and partial loan guarantees to private lenders in developing
countries to achieve the economic development purposes of the
provisions of this part.
``(d) Priority for Assistance.--The President, in providing
assistance under this section, shall give priority to providing partial
loan guarantees made pursuant to the authority in subsection (c) that
are used in transactions in which the financial risk of loss to the
United States Government under such guarantee does not exceed the
financial risk of loss of the private lender that receives such
guarantee.
``(e) Terms and Conditions.--Assistance provided under this section
shall be provided on such terms and conditions as the President
determines appropriate.
``(f) Obligations of the United States.--A partial loan guarantee
made under subsection (c) shall constitute an obligation, in accordance
with the terms of such guarantee, of the United States of America and
the full faith and credit of the United States of America is pledged
for the full payment and performance of such obligation.
``(g) Procurement Provisions.--Assistance may be provided under
this section notwithstanding section 604(a).
``(h) Development Credit Authority Program Account.--There is
established on the books of the Treasury an account known as the
Development Credit Authority Program Account. There shall be deposited
into the account all amounts made available for providing assistance
under this section, other than amounts made available for
administrative expenses to carry out this section. Amounts in the
Account shall be available to provide assistance under this section.
``(i) Availability of Funds.--
``(1) In general.--Of the amounts authorized to be
available for the purposes of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151) and the Support for Eastern
European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.),
not more than $21,000,000 for fiscal year 2004 may be made
available to carry out this section.
``(2) Transfer of funds.--Amounts made available under
paragraph (1) may be transferred to the Development Credit
Authority Program Account established by subsection (h) of such
section.
``(3) Subsidy cost.--Amounts made available under
paragraphs (1) and (2) shall be available for subsidy cost as
defined in section 502(5) of the Federal Reform Credit Act of
1990 (2 U.S.C. 661a(5)) of activities under this section.
``(j) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
for administrative expenses to carry out this section
$8,000,000 for fiscal year 2004.
``(2) Transfer of funds.--The amounts appropriated for
administrative expenses under paragraph (1) may be transferred
to and merged with amounts made available under section 667(a).
``(k) Availability.--Amounts appropriated or made available under
this section are authorized to remain available until expended.''.

SEC. 104. PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO FOREIGN
GOVERNMENTS AND FOREIGN CENTRAL BANKS OF DEVELOPING OR
TRANSITIONAL COUNTRIES.

Section 129(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151aa(j)(1)) is amended by striking ``$5,000,000 for fiscal year
1999'' and inserting ``$14,000,000 for fiscal year 2004''.

SEC. 105. INTERNATIONAL ORGANIZATIONS AND PROGRAMS.

Section 302 of the Foreign Assistance Act of 1961 (22 U.S.C. 2222)
is amended to read as follows:

``SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

``There is authorized to be appropriated to the President
$314,500,000 for fiscal year 2004 for grants to carry out the purposes
of this chapter. Amounts appropriated pursuant to the authorization of
appropriations in this section are in addition to amounts otherwise
available for such purposes.''.

SEC. 106. CONTINUED AVAILABILITY OF CERTAIN FUNDS WITHHELD FROM
INTERNATIONAL ORGANIZATIONS.

Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227)
is amended by adding at the end the following new subsection:
``(e) Funds available in any fiscal year to carry out the
provisions of this chapter that are returned or not made available for
organizations and programs because of the application of this section
shall remain available for obligation until September 30 of the fiscal
year after the fiscal year for which such funds are appropriated.''.

SEC. 107. INTERNATIONAL DISASTER ASSISTANCE.

Section 492(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2292a(a)) is amended by striking ``$25,000,000 for fiscal year 1986 and
$25,000,000 for fiscal year 1987'' and inserting ``$235,500,000 for
fiscal year 2004''.

SEC. 108. TRANSITION INITIATIVES.

(a) Authority.--Section 494 of the Foreign Assistance Act of 1961
(22 U.S.C. 2292c) is amended to read as follows:

``SEC. 494. TRANSITION AND DEVELOPMENT ASSISTANCE.

``(a) Transition and Development Assistance.--The President is
authorized to furnish assistance to support the transition to democracy
and to long-term development in accordance with the general authority
contained in section 491, including assistance to--
``(1) develop, strengthen, or preserve democratic
institutions and processes;
``(2) revitalize basic infrastructure; and
``(3) foster the peaceful resolution of conflict.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to the President $55,000,000 for fiscal year 2004 to carry
out this section.
``(c) Availability.--Amounts appropriated under this section for
the purpose specified in subsection (b)--
``(1) are authorized to remain available until expended;
and
``(2) are in addition to amounts otherwise available for
such purpose.''.

SEC. 109. FAMINE ASSISTANCE.

(a) Authority.--Chapter 9 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2292 et seq.), as amended by section 520, is amended
by adding at the end the following new section:

``SEC. 495. FAMINE ASSISTANCE.

``(a) Authorization.--The President is authorized to provide
assistance for famine prevention and relief, including for famine
prevention and for mitigation of the effects of famine.
``(b) Authorities.--Assistance authorized by subsection (a) shall
be provided in accordance with the general authority contained in
section 491.
``(c) Notification.--The President shall transmit advance
notification of any assistance to be provided under subsection (a) to
the Committees on Foreign Relations and Appropriations of the Senate
and the Committees on International Relations and Appropriations of the
House of Representative in accordance with section 634A (22 U.S.C.
2394-1).
``(d) Famine Fund.--There is established on the books of the
Treasury an account to be known as the Famine Fund. There shall be
deposited into the account all amounts made available for providing
assistance under subsection (a). Amounts in the Fund shall be available
to provide assistance under such subsection.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the President such sums as may be necessary for fiscal
year 2004 to carry out this section.
``(f) Availability.--Amounts appropriated under this section--
``(1) are authorized to remain available until expended;
and
``(2) are in addition to amounts otherwise available for
such purpose.''.

SEC. 110. ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION.

(a) Authorization of Appropriations.--There is authorized to be
appropriated to the President for ``Assistance for the Independent
States of the Former Soviet Union'', $646,000,000 for fiscal year 2004
to carry out chapters 11 and 12 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2295 et seq. and 2296 et seq.).
(b) Availability.--Amounts appropriated under this section for the
purposes specified in subsection (a)--
(1) are authorized to remain available until expended; and
(2) are in addition to amounts otherwise available for such
purposes.

SEC. 111. ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES.

(a) Authorization of Appropriations.--There is authorized to be
appropriated to the President for ``Assistance for Eastern Europe and
the Baltic States'' $475,000,000 for fiscal year 2004 to carry out the
Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401
et seq.), and the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
(b) Availability.--Amounts appropriated under this section for the
purposes specified in subsection (a)--
(1) are authorized to remain available until expended;
(2) are in addition to amounts otherwise available for such
purposes;
(3) may be made available notwithstanding any other
provision of law; and
(4) shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for
purposes of making applicable the administrative authorities
contained in that Act for the use of economic assistance.

SEC. 112. OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT.

(a) Authorization of Appropriations.--Section 667 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2427) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) $750,400,000 for the fiscal year 2004 for necessary
operating expenses of the United States Agency for
International Development, of which $146,300,000 is authorized
to be appropriated for overseas construction and related costs
and for enhancement of information technology and related
investments; and''; and
(B) in paragraph (2) of such subsection, by
striking ``agency'' and inserting ``Agency'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) There are authorized to be appropriated to the President, in
addition to funds available under subsection (a) or any other provision
of law for such purposes--
``(1) $35,000,000 for fiscal year 2004 for necessary
operating expenses of the Office of Inspector General of the
United States Agency for International Development; and
``(2) such amounts as may be necessary for increases in
pay, retirement, and other employee benefits authorized by law
for the employees of such Office, and for other
nondiscretionary costs of such Office.''.
(b) Conforming Amendment.--The heading of section 667 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2427) is amended by striking
``Expenses.--'' and inserting ``Expenses of the United States Agency
for International Development.--''.

Subtitle B--Counternarcotics, Security Assistance, and Related Programs
Authorizations

SEC. 121. COMPLEX FOREIGN CONTINGENCIES.

Chapter 5 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2261) is amended by adding at the end the following new section:

``SEC. 452. COMPLEX FOREIGN CRISES CONTINGENCY FUND.

``(a) Establishment of Fund.--There is hereby established on the
books of the Treasury a fund to be known as the Complex Foreign Crises
Contingency Fund (in this section referred to as the `Fund') for the
purpose described in subsection (b).
``(b) Purpose.--The purpose of the Fund is to provide the President
with increased flexibility to respond to complex foreign crises,
including the ability--
``(1) to provide support for peace and humanitarian
intervention operations; and
``(2) to prevent or respond to foreign territorial
disputes, armed ethnic or civil conflicts that pose threats to
regional or international peace, and acts of ethnic cleansing,
mass killings, and genocide.
``(c) Elements.--The Fund shall consist of amounts authorized to be
appropriated to the Fund under subsection (g).
``(d) Authority To Furnish Assistance.--(1) Notwithstanding any
other provision of law, whenever the President determines it to be
important to the national interests of the United States, the President
is authorized to furnish assistance using amounts in the Fund for the
purpose of responding to a complex foreign crisis.
``(2) The authority to furnish assistance under paragraph (1) for
the purpose specified in that paragraph is in addition to any other
authority under law to furnish assistance for that purpose.
``(e) Limitation on Use of Funds.--No amounts in the Fund shall be
available to respond to natural disasters.
``(f) Notice of Exercise of Authority.--The President shall notify
the Committee on Foreign Relations and the Committee on Appropriations
of the Senate and the Committee on International Relations and the
Committee on Appropriations of the House of Representatives at least 5
days before each exercise of the authority in this section in
accordance with procedures applicable to reprogramming notifications
pursuant to section 634A.
``(g) Authorization of Appropriations.--(1) There is authorized to
be appropriated to the President for fiscal year 2004 such sums as may
be necessary to carry out this section.
``(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall be deposited in the Fund.
``(3) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until
expended.''.

SEC. 122. INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT.

(a) Authorization of Appropriations for Fiscal Year 2004.--
Paragraph (1) of section 482(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2291a(a)) is amended by striking ``$147,783,000'' and all
that follows and inserting ``$985,000,000 for fiscal year 2004, of
which $700,000,000 is authorized to be appropriated for the Andean
Counterdrug Initiative.''.
(b) Availability of Funds for Colombia.--That section is further
amended by adding at the end the following new paragraphs:
``(3) Notwithstanding any other provision of law, amounts
authorized to be appropriated to carry out the purposes of section 481
for fiscal year 2004, and amounts appropriated for fiscal years before
fiscal year 2004 for purposes of such section that remain available for
obligation, may be used to furnish assistance to the Government of
Colombia--
``(A) to support a unified campaign against narcotics
trafficking and terrorist activities; and
``(B) to take actions to protect human health and welfare
in emergency circumstances, including undertaking rescue
operations.
``(4) Assistance furnished to the Government of Colombia under this
section--
``(A) shall be subject to the limitations on the
assignment of United States personnel in Colombia under
subsections (b) through (d) of section 3204 of the
Emergency Supplemental Act, 2000 (division B of Public
Law 106-246; 114 Stat. 576);
``(B) shall be subject to the condition that no
United States Armed Forces personnel and no employees
of United States contractors participate in any combat
operation in connection with such assistance; and
``(C) shall be subject to the condition that the
Government of Colombia is fulfilling its commitment to
the United States with respect to its human rights
practices, including the specific conditions set forth
in subparagraphs (A) through (E) of section 564(a)(2)
of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E
of Public Law 108-7; 117 Stat. 205).''.

SEC. 123. ECONOMIC SUPPORT FUND.

(a) Authorization of Appropriations.--Section 532(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346a(a)) is amended to read as
follows:
``(a) There is authorized to be appropriated to the President to
carry out the purposes of this chapter $2,535,000,000 for fiscal year
2004.''.
(b) Authorization of Assistance for Israel.--Section 513(b)(1) of
the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat.
856), as amended by section 1221(a) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat.
1430), is further amended by striking ``fiscal years 2002 and 2003''
and inserting ``fiscal years 2003 and 2004''.
(c) Authorization of Assistance for Egypt.--Section 514(b)(1) of
the Security Assistance Act of 2000 (Public Law 106-280), as amended by
section 1221(b) of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 116 Stat. 1430), is further amended by
striking ``fiscal years 2002 and 2003'' and inserting ``fiscal years
2003 and 2004''.

SEC. 124. INTERNATIONAL MILITARY EDUCATION AND TRAINING.

Section 542 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347a)
is amended by striking ``There are authorized'' and all that follows
through ``fiscal year 1987'' and inserting ``There is authorized to be
appropriated to the President to carry out the purposes of this chapter
$91,700,000 for the fiscal year 2004''.

SEC. 125. PEACEKEEPING OPERATIONS.

Section 552(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2348a(a)) is amended by striking ``There are authorized'' and all that
follows through ``fiscal year 1987'' and inserting ``There is
authorized to be appropriated to the President to carry out the
purposes of this chapter, in addition to amounts otherwise available
for such purposes, $101,900,000 for the fiscal year 2004''.

SEC. 126. NONPROLIFERATION, ANTI-TERRORISM, DEMINING, AND RELATED
ASSISTANCE.

(a) Authorization of Appropriations.--There is authorized to be
appropriated to the President for fiscal year 2004, $485,200,000 for
Nonproliferation, Anti-Terrorism, Demining, and Related Programs for
the purpose of carrying out nonproliferation, anti-terrorism, demining,
and related programs and activities under--
(1) chapter 8 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2349aa et seq.);
(2) chapter 9 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2349bb et seq.);
(3) section 551 of the Foreign Assistance Act of 1961 (22
U.S.C. 2348), as amended by section 212 of this Act, to the
extent such assistance is used for activities identified in the
last sentence of that section, including not to exceed $675,000
for administrative expenses related to such activities,
which amount shall be in addition to funds otherwise made available for
such purposes;
(4) section 504 of the FREEDOM Support Act (22 U.S.C. 5854)
and programs under the Nonproliferation and Disarmament Fund to
promote bilateral and multilateral activities relating to
nonproliferation and disarmament, notwithstanding any other
provision of law, including, when in the national security
interests of the United States, with respect to international
organizations and countries other than the independent states
of the former Soviet Union;
(5) section 23 of the Arms Export Control Act (22 U.S.C.
2763), for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law;
(6) section 301 of the Foreign Assistance Act of 1961 (22
U.S.C. 2221);
(7) the Radiological Terrorism Threat Reduction Act of 2003
under title III of this Act; and
(8) the Global Pathogen Surveillance Act of 2003 under
title IV of this Act.
(b) Availability.--Amounts appropriated under this section for the
purpose specified in subsection (a)--
(1) are authorized to remain available until expended; and
(2) are in addition to amounts otherwise available for that
purpose.

SEC. 127. FOREIGN MILITARY FINANCING PROGRAM.

(a) Authorization of Appropriations.--There is authorized to be
appropriated to the President for grant assistance under section 23 of
the Arms Export Control Act (22 U.S.C. 2763), $4,414,000,000 for fiscal
year 2004.
(b) Assistance for Israel.--Section 513 of the Security Assistance
Act of 2000 (Public Law 106-280; 114 Stat. 856), as amended by section
1221(a) of the Foreign Relations Authorization Act, Fiscal Year 2003
(Public Law 107-228; 116 Stat. 1430), is further amended--
(1) in subsection (c)(1), by striking ``fiscal years 2002
and 2003'' and inserting ``fiscal years 2003 and 2004'';
(2) in subsection (c)(3), by striking ``Funds authorized''
and all that follows through ``later.'' and inserting ``Funds
authorized to be available for Israel under subsection (b)(1)
and paragraph (1) for fiscal year 2004 shall be disbursed not
later than 30 days after the date of enactment of an Act making
appropriations for foreign operations, export financing, and
related programs for fiscal year 2004, or October 31, 2004,
whichever is later.''; and
(3) in subsection (c)(4)--
(A) by striking ``fiscal years 2002 and 2003'' and
inserting ``fiscal years 2003 and 2004''; and
(B) by striking ``$535,000,000 for fiscal year 2002
and not less than $550,000,000 for fiscal year 2003''
and inserting ``$550,000,000 for fiscal year 2003 and
not less than $565,000,000 for fiscal year 2004''.
(c) Assistance for Egypt.--Section 514 of the Security Assistance
Act of 2000 (Public Law 106-280; 114 Stat. 857), as amended by section
1221(b) of the Foreign Relations Authorization Act, Fiscal Year 2003
(116 Stat. 1430), is further amended--
(1) in subsection (c) by striking ``fiscal years 2002 and
2003'' and inserting ``fiscal years 2003 and 2004''; and
(2) in subsection (e), by striking ``Funds estimated'' and
all that follows through ``of the respective fiscal year,
whichever is later'' and inserting the following: ``Funds
estimated to be outlayed for Egypt under subsection (c) during
fiscal year 2004 shall be disbursed to an interest-bearing
account for Egypt in the Federal Reserve Bank of New York not
later than 30 days after the date of enactment of an Act making
appropriations for foreign operations, export financing, and
related programs for fiscal year 2004, or by October 31, 2003,
whichever is later''.

Subtitle C--Independent Agencies Authorizations

SEC. 131. INTER-AMERICAN FOUNDATION.

Section 401(s)(2) of the Foreign Assistance Act of 1969 (22 U.S.C.
290f(s)(2)) is amended by striking ``There are authorized to be
appropriated $28,000,000 for fiscal year 1992 and $31,000,000 for
fiscal year 1993'' and inserting ``There is authorized to be
appropriated $15,185,000 for fiscal year 2004''.

SEC. 132. AFRICAN DEVELOPMENT FOUNDATION.

The first sentence of section 510 of the International Security and
Development Cooperation Act of 1980 (22 U.S.C. 290h-8) is amended by
striking ``$3,872,000 for fiscal year 1986 and $3,872,000 for fiscal
year 1987'' and inserting ``$17,689,000 for fiscal year 2004''.

Subtitle D--Multilateral Development Bank Authorizations

SEC. 141. CONTRIBUTION TO THE SEVENTH REPLENISHMENT OF THE ASIAN
DEVELOPMENT FUND.

The Asian Development Bank Act (22 U.S.C. 285 et seq.) is amended
by adding at the end the following new section:

``SEC. 31. SEVENTH REPLENISHMENT.

``(a) Authorization To Contribute.--The United States Governor of
the Bank is authorized to contribute, on behalf of the United States,
$412,000,000 to the seventh replenishment of the Asian Development
Fund, a special fund of the Bank, except that any commitment to make
the contribution authorized by this subsection shall be made subject to
obtaining the necessary appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution authorized by subsection (a), there is
authorized to be appropriated without fiscal year limitation,
$412,000,000 for payment by the Secretary of the Treasury.''.

SEC. 142. CONTRIBUTION TO THE THIRTEENTH REPLENISHMENT OF THE
INTERNATIONAL DEVELOPMENT ASSOCIATION.

The International Development Association Act (22 U.S.C. 284 et
seq.) is amended by adding at the end the following new section:

``SEC. 22. THIRTEENTH REPLENISHMENT.

``(a) Authorization To Contribute.--The United States Governor is
authorized to contribute, on behalf of the United States,
$2,850,000,000 to the thirteenth replenishment of the Association,
except that any commitment to make the contribution authorized by this
subsection shall be made subject to obtaining the necessary
appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution authorized by subsection (a), there is
authorized to be appropriated without fiscal year limitation,
$2,850,000,000 for payment by the Secretary of the Treasury.
``(c) Transparency.--
``(1) Policy.--It is the policy of the United States that
each multilateral development institution that has a United
States Executive Director should--
``(A) not later than 60 days after the date on
which the minutes of a meeting of the Board of
Directors are approved, post the minutes on the website
of the multilateral development institution, with any
material deemed too sensitive for public dissemination
redacted;
``(B) for a period of at least 10 years beginning
on the date of a meeting of a Board of Directors, keep
and preserve a written transcript or electronic
recording of such meeting;
``(C) not later than the later of 15 days prior to
the date on which a Board of Directors will consider
for endorsement or approval any public sector loan
document, country assistance strategy, sector strategy,
or sector policy prepared by a multilateral development
institution or the date such documents are distributed
to the Board, make such documents available to the
public, with any material deemed too sensitive for
public dissemination redacted;
``(D) make available on the website of the
multilateral development institution an annual report
that contains statistical summaries and case studies of
the fraud and corruption cases pursued by the
investigations unit of the multilateral development
institution; and
``(E) require that any health, education, or
poverty-focused loan, credit, grant, document, policy
or strategy prepared by the multilateral development
institution include specific outcome and output
indicators to measure results, and that the results be
published periodically during the performance of the
project or program and at its completion.
``(2) Implementation.--The Secretary of the Treasury should
instruct each United States Executive Director at a
multilateral development institution--
``(A) to inform the multilateral development
institution of the policy set out in subparagraphs (A)
through (E) of paragraph (1); and
``(B) to work to implement the policy at the
multilateral development institution not later than the
scheduled conclusion of the thirteenth replenishment of
the International Development Association on June 30,
2005.
``(3) Briefing.--The Secretary of the Treasury should
brief, or send a representative of the Department of the
Treasury to brief, the appropriate congressional committees, at
the request of such committees, on the actions taken by each
United States Executive Director at a multilateral development
institution or by personnel of such institutions to implement
the policy set out in subparagraphs (A) through (E) of
paragraph (1).
``(4) Public dissemination by the secretary of the
treasury.--The Secretary of the Treasury should make available
on the website of the Department of the Treasury--
``(A) not later than 60 days after the date of a
meeting of a Board of Directors, any written statement
presented by a United States Executive Director at such
meeting related to a project for which--
``(i) a claim has been made to the
multilateral development institution's
inspection mechanism; or
``(ii) Board of Directors decisions on
inspection mechanism cases are being taken; and
``(B) a record of all votes or abstentions made by
a United States Executive Director on matters before a
Board of Directors, on a monthly basis.
``(d) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Foreign Relations of the Senate and the Committee on Financial
Services of the House of Representatives.
``(2) Board of directors.--The term `Board of Directors'
means the Board of Directors of a multilateral development
institution.
``(3) Multilateral development institution.--The term
`multilateral development institution' has the meaning given
such term in section 1701(c)(3) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(3)).''.

SEC. 143. CONTRIBUTION TO THE NINTH REPLENISHMENT OF THE AFRICAN
DEVELOPMENT FUND.

The African Development Fund Act (22 U.S.C. 290g et seq.) is
amended by adding at the end the following new section:

``SEC. 217. NINTH REPLENISHMENT.

``(a) Authorization To Contribute.--The United States Governor of
the Fund is authorized to contribute, on behalf of the United States,
$354,000,000 to the ninth replenishment of the Fund, except that any
commitment to make the contribution authorized by this subsection shall
be made subject to obtaining the necessary appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution authorized by subsection (a), there is
authorized to be appropriated, without fiscal year limitation,
$354,000,000 for payment by the Secretary of the Treasury.''.

Subtitle E--Authorization for Iraq Relief and Reconstruction

SEC. 151. AUTHORIZATION OF ASSISTANCE FOR RELIEF AND RECONSTRUCTION
EFFORTS.

(a) Authorization.--The President is authorized to make available
from the Iraq Relief and Reconstruction Fund established under the
Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law
108-11), $2,475,000,000 for fiscal year 2003 for the purposes of
providing humanitarian assistance in and around Iraq and carrying out
the purposes of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) with respect to the rehabilitation and reconstruction in Iraq.
(b) Authorized Uses of Assistance.--Assistance made available under
subsection (a) may include funds for costs related to--
(1) infrastructure related to water and sanitation
services;
(2) food and food distribution;
(3) the support of relief efforts related to refugees,
internally displaced persons, and vulnerable individuals,
including assistance for families of innocent Iraqi civilians
who suffer losses as a result of military operations;
(4) electricity;
(5) health care;
(6) telecommunications;
(7) the development and implementation of economic and
financial policy;
(8) education;
(9) transportation;
(10) reforms to strengthen the rule of law and introduce
and reinforce the principles and institutions of good
governance;
(11) humanitarian demining; and
(12) agriculture.
(c) Reimbursement.--Funds made available under subsection (a) may
be used to reimburse accounts administered by the Secretary of State,
the Secretary of the Treasury, or the Administrator of the United
States Agency for International Development for any amounts expended
from each such account to provide humanitarian assistance in and around
Iraq or for carrying out the purposes of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) with respect to the rehabilitation and
reconstruction in Iraq prior to the date of the enactment of this Act
if such amounts have not been reimbursed with funds from any other
source.
(d) Policy.--It is the policy of the United States to work toward
the full and active participation of women in the reconstruction of
Iraq by promoting the involvement of women in--
(1) all levels of the government in Iraq and its decision-
making institutions;
(2) the planning and distribution of assistance, including
food aid; and
(3) job promotion and training programs.

SEC. 152. REPORTING AND CONSULTATION.

Any report required to be submitted to, and any consultation
required to be engaged in with, the Committee on Appropriations of the
Senate and the Committee on Appropriations of the House of
Representatives under the Emergency Wartime Supplemental Appropriations
Act, 2003 (Public Law 108-11) with respect to funds appropriated to
carry out section 151 shall also be submitted to and engaged in with,
respectively, the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives.

SEC. 153. SPECIAL ASSISTANCE AUTHORITY.

(a) In General.--Except as provided in subsection (b), assistance
and other financing under this or any other Act may be provided to Iraq
notwithstanding any other provision of law.
(b) Notification of Program Changes.--Section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-1) shall apply to the assistance
and other financing described in subsection (a), except that the
notification required by subsection (a) of such section with respect to
an obligation of funds shall be transmitted not later than 5 days in
advance of the obligation.

SEC. 154. INAPPLICABILITY OF CERTAIN RESTRICTIONS.

(a) Iraq Sanctions Act.--
(1) Authority to suspend.--The President may suspend the
application of any provision of the Iraq Sanctions Act of 1990
(50 U.S.C. 1701 note).
(2) Exception.--Nothing in this section shall otherwise
affect the applicability of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (50 U.S.C. 1701 note), except that
such Act shall not apply to humanitarian assistance and
supplies.
(b) Inapplicability of Terrorist State Restrictions.--The President
may make inapplicable with respect to Iraq section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371) and any other provisions of law
that apply to countries that have provided support for terrorism.
(c) Export of Nonlethal Military Equipment.--
(1) Authority.--Notwithstanding any other provision of law
except section 36(c) of the Arms Export Control Act (22 U.S.C.
2776(c)), the President may authorize the export to Iraq of any
nonlethal military equipment designated on the United States
Munitions List and controlled under the International
Trafficking in Arms Regulations established pursuant to section
38 of the Arms Export Control Act (22 U.S.C. 2778), if, not
later than 5 days prior to such export, the President
determines and notifies the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the Committee
on Appropriations and the Committee on International Relations
of the House of Representatives that the export of such
nonlethal military equipment is in the national interest of the
United States.
(2) Nonapplicability of limitation.--The determination and
notification requirement under paragraph (1) shall not apply to
military equipment designated by the Secretary of State for use
by a reconstituted or interim Iraqi military or police force.
(d) International Organization Activities With Respect to Iraq.--
(1) International organizations and programs.--Section 307
of the Foreign Assistance Act of 1961 (22 U.S.C. 2227) shall
not apply with respect to international organization programs
for Iraq.
(2) International financial institutions.--Provisions of
law that direct the United States Government to vote against or
oppose loans or other uses of funds from an international
financial institution, including for financial or technical
assistance, shall not apply in the case of Iraq.
(e) Notification of Exercise of Authorities.--
(1) Notification.--Except as provided in subsection (c)(2),
the President shall, not later than 5 days prior to exercising
any of the authorities under or referred to in this section,
submit a notification of such exercise of authority to the
Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and
the Committee on International Relations of the House of
Representatives.
(2) Reporting requirement.--Not later than June 15, 2003,
and every 90 days thereafter, the President shall submit to the
Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and
the Committee on International Relations of the House of
Representatives a report containing a summary of all licenses
approved for the export to Iraq of any item on the Commerce
Control List contained in supplement 1 to part 774 of title 15,
Code of Federal Regulations, under the Export Administration
Regulations, including the identification of the end users of
such items.

SEC. 155. TERMINATION OF AUTHORITIES.

The authorities contained in section 153 and in subsections (a),
(b), and (c) of section 154 shall expire on the date that is 2 years
after the date of the enactment of this Act.

TITLE II--AMENDMENTS TO GENERAL FOREIGN ASSISTANCE AUTHORITIES

Subtitle A--Foreign Assistance Act Amendments and Related Provisions

SEC. 201. DEVELOPMENT POLICY.

Section 102(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151-1(b)) is amended--
(1) in paragraph (5), by--
(A) striking ``development; and'' and inserting
``development;''; and
(B) inserting before the period at the end the
following: ``; democracy and the rule of law; and
economic growth and the building of trade capacity'';
and
(2) by adding at the end the following new paragraph:
``(18) The United States development assistance program
should take maximum advantage of the increased participation of
United States private foundations, business enterprises, and
private citizens in funding international development
activities. The program should utilize the development
experience and expertise of its personnel, its access to host-
country officials, and its overseas presence to facilitate
public-private alliances and to leverage private sector
resources toward the achievement of development assistance
objectives.''.

SEC. 202. ASSISTANCE FOR NONGOVERNMENTAL ORGANIZATIONS.

Section 123(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151u(e)) is amended to read as follows:
``(e)(1) 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--
``(A) funds made available to carry out this chapter and
chapters 10, 11, and 12 of part I (22 U.S.C. 2293 et seq.) and
chapter 4 of part II (22 U.S.C. 2346 et seq.); or
``(B) funds made available for economic assistance
activities under the Support for East European Democracy (SEED)
Act of 1989 (22 U.S.C. 5401 et seq.).
``(2) The President shall submit to Congress, in accordance with
section 634A (22 U.S.C. 2394-1), advance notice of an intent to
obligate funds under the authority of this subsection to furnish
assistance in support of programs of nongovernmental organizations.
``(3) Assistance may not be furnished through nongovernmental
organizations to the central government of a country under the
authority of this subsection, but assistance may be furnished to local,
district, or subnational government entities under such authority.''.

SEC. 203. AUTHORITY FOR USE OF FUNDS FOR UNANTICIPATED CONTINGENCIES.

Section 451(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2261(a)(1)) is amended--
(1) by inserting ``or the Arms Export Control Act (22
U.S.C. 2751 et seq.)'' after ``chapter 1 of this part)''; and
(2) by striking ``$25,000,000'' and inserting
``$50,000,000''.

SEC. 204. AUTHORITY TO ACCEPT LETHAL EXCESS PROPERTY.

Section 482(g) of the Foreign Assistance Act of 1961 (22 U.S.C.
2191a(g)) is amended--
(1) by striking ``(g) Excess Property.--For'' and inserting
the following:
``(g) Excess Property.--
``(1) Authority.--For'';
(2) by striking ``nonlethal'' and inserting ``(including
lethal or nonlethal property)''; and
(3) by adding at the end the following new paragraph:
``(2) Notification.--Before obligating any funds to obtain
lethal excess property under paragraph (1), the Secretary shall
submit a notification of such action to Congress in accordance
with the procedures set forth in section 634A.''.

SEC. 205. RECONSTRUCTION ASSISTANCE UNDER INTERNATIONAL DISASTER
ASSISTANCE AUTHORITY.

Section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292)
is amended--
(1) in subsection (a), by striking ``assistance for the
relief and rehabilitation of'' and inserting ``relief,
rehabilitation, and reconstruction assistance for'';
(2) in subsection (b), by striking ``relief and
rehabilitation'' and inserting ``relief, rehabilitation, and
reconstruction''; and
(3) in subsection (c), by striking ``relief and
rehabilitation'' and inserting ``relief, rehabilitation, and
reconstruction assistance''.

SEC. 206. FUNDING AUTHORITIES FOR ASSISTANCE FOR THE INDEPENDENT STATES
OF THE FORMER SOVIET UNION.

Chapter 11 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2295 et seq.) is amended--
(1) in section 498B(j)(1) (22 U.S.C. 2295b(j)(1))--
(A) by striking ``authorized to be appropriated for
fiscal year 1993 by'' and inserting ``made available to
carry out''; and
(B) by striking ``appropriated for fiscal year
1993''; and
(2) in section 498C(b)(1) (22 U.S.C. 2295c(b)(1)), by
striking ``under subsection (a)'' and inserting ``to carry out
this chapter''.

SEC. 207. WAIVER OF NET PROCEEDS RESULTING FROM DISPOSAL OF UNITED
STATES DEFENSE ARTICLES PROVIDED TO A FOREIGN COUNTRY ON
A GRANT BASIS.

Section 505(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
2314(f)) is amended by striking ``In the case of items which were
delivered prior to 1985, the'' in the second sentence and inserting
``The''.

SEC. 208. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN
THE WAR RESERVE STOCKPILES FOR ALLIES TO ISRAEL.

(a) Transfers for Concessions.--
(1) Authority.--Notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2231h), the President may
transfer to Israel, in exchange for concessions to be
negotiated by the Secretary of Defense, with the concurrence of
the Secretary of State, any or all of the items described in
paragraph (2).
(2) Covered items.--The items referred to in paragraph (1)
are armor, artillery, automatic weapons ammunition, missiles,
and other munitions that--
(A) are obsolete or surplus items;
(B) are in the inventory of the Department of
Defense;
(C) are intended for use as reserve stocks for
Israel; and
(D) as of the date of enactment of this Act, are
located in a stockpile in Israel.
(b) Value of Concessions.--The value of concessions negotiated
pursuant to subsection (a) shall be at least equal to the fair market
value of the items transferred. The concessions may include cash
compensation, services, waiver of charges otherwise payable by the
United States, and other items of value.
(c) Advance Notification of Transfers.--Not later than 30 days
before making a transfer under the authority of this section, the
President shall transmit a notification of the proposed transfer to the
Committees on Foreign Relations and Armed Services of the Senate and
the Committees on International Relations and Armed Services of the
House of Representatives. The notification shall identify the items to
be transferred and the concessions to be received.
(d) Expiration of Authority.--No transfer may be made under the
authority of this section more than 5 years after the date of the
enactment of this Act.

SEC. 209. ADDITIONS TO WAR RESERVE STOCKPILES FOR ALLIES FOR FISCAL
YEAR 2004.

Section 514(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)) is amended--
(1) in subparagraph (A), by striking ``for fiscal year
2003'' and inserting ``for each of fiscal years 2003 and
2004''; and
(2) in subparagraph (B), by striking ``for fiscal year
2003'' and inserting ``for a fiscal year''.

SEC. 210. RESTRICTIONS ON ECONOMIC SUPPORT FUNDS FOR LEBANON.

Section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228, 116 Stat. 1432; 22 U.S.C. 2346 note) is
amended by adding at the end the following subsection:
``(c) Exception.--Subsection (a) does not apply to assistance made
available to address the needs of southern Lebanon.''.

SEC. 211. ADMINISTRATION OF JUSTICE.

Section 534 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346c)
is amended--
(1) in subsection (a), by striking ``in countries in Latin
America and the Caribbean'';
(2) in subsection (b)(3)--
(A) in subparagraph (C), by striking ``and'';
(B) in subparagraph (D), by inserting ``and''; and
(C) by adding at the end the following new
subparagraph:
``(E) programs to enhance the protection of
participants in judicial cases;'';
(3) by striking subsection (c);
(4) in subsection (e), by striking the second and third
sentences; and
(5) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.

SEC. 212. DEMINING PROGRAMS.

(a) Clarification of Authority.--Section 551 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2348) is amended--
(1) in the second sentence, by striking ``Such assistance
may include reimbursements'' and inserting ``Such assistance
may include the following:
``(1) Reimbursements''; and
(2) by adding at the end the following:
``(2) Demining activities, clearance of unexploded
ordnance, destruction of small arms, and related activities,
notwithstanding any other provision of law.''.
(b) Disposal of Demining Equipment.--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 determines appropriate.
(c) Landmine Awareness Program for the Children of Afghanistan and
Other Children at Risk in Areas of Conflict.--
(1) Findings.--Congress makes the following findings:
(A) Most landmines in Afghanistan were laid between
1980 and 1992.
(B) Additional landmines were laid between 1992 and
1996, during the conflict between the Taliban and the
Northern Alliance.
(C) United States bombings against the Taliban in
2001 and 2002 further increased the unexploded
ordinance and cluster bombs throughout Afghanistan.
(D) The clearance of landmines is a slow and
expensive process.
(E) Certain types of landmines and other unexploded
ordinance are small, brightly colored, and attractive
to children.
(F) More than 150 Afghans, many of them children,
are injured every month by these weapons.
(G) In 2003, reconstituted Taliban forces have
sought out and attacked workers clearing landmines, in
an attempt to discredit the Government of President
Karzai and the United States military presence.
(H) In May 2003, after a string of Taliban attacks
in which mine removal workers were killed or seriously
injured, the United Nations suspended all mine-clearing
operations in much of southern Afghanistan.
(I) Effective landmine awareness programs targeted
to children could save lives in Afghanistan and in
other areas of conflict where unexploded ordinance are
a danger to the safety of children.
(2) Authorization.--The President is authorized to furnish
assistance to fund innovative programs designed to educate
children in Afghanistan and other affected areas about the
dangers of landmines and other unexploded ordinances,
especially those proposed by organizations with extensive
background in children's educational programs.
(3) Authorization of appropriations.--In addition to funds
otherwise authorized to be appropriated for demining and
related activities under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), there are authorized to be appropriated
for fiscal year 2004 such sums as may be necessary to carry out
the purposes of this subsection.

SEC. 213. SPECIAL WAIVER AUTHORITY.

(a) Revision of Authority.--Section 614 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2364) is amended in subsection (a) by--
(1) striking paragraphs (1) and (2) and inserting the
following new paragraph:
``(1) The President may authorize any assistance, sale, or other
action under this Act, the Arms Export Control Act (22 U.S.C. 2751 et
seq.), or any other law that authorizes the furnishing of foreign
assistance or the appropriation of funds for foreign assistance,
without regard to any of the provisions described in subsection (b) if
the President determines, and notifies the Committees on Foreign
Relations and Appropriations of the Senate and the Committees on
International Relations and Appropriations of the House of
Representatives in writing--
``(A) with respect to assistance or other actions under
chapter 2 or 5 of part II of this Act, or sales or other
actions under the Arms Export Control Act (22 U.S.C. 2751 et
seq.), that to do so is vital to the national security
interests of the United States; and
``(B) with respect to other assistance or actions, that to
do so is important to the security interests of the United
States.''; and
(2) redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively.
(b) Increased Limitation on Single Country Allocation.--Subsection
(a)(3)(C) of such section, as redesignated, is amended by striking
``$50,000,000'' and inserting ``$75,000,000''.
(c) Repeal of Provisions Relating to Germany and a Certification
Requirement.--Section 614 of such Act is further amended by striking
subsections (b) and (c).
(d) Inapplicable or Waivable Laws.--Such section, as amended by
subsection (c), is further amended by adding at the end the following:
``(b) Inapplicable or Waivable Laws.--The provisions referred to in
paragraphs (1) and (2) of subsection (a) are those set forth in any of
the following:
``(1) Any provision of this Act.
``(2) Any provision of the Arms Export Control Act (22
U.S.C. 2751 et seq.).
``(3) Any provision of law that authorizes the furnishing
of foreign assistance or appropriates funds for foreign
assistance.
``(4) Any other provision of law that restricts assistance,
sales or leases, or other action under a provision of law
referred to in paragraph (1), (2), or (3).
``(5) Any provision of law that relates to receipts and
credits accruing to the United States.''.

SEC. 214. PROHIBITION OF ASSISTANCE FOR COUNTRIES IN DEFAULT.

(a) Clarification of Prohibited Recipients.--Section 620(q) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2370(q)) is amended--
(1) by striking ``any country'' and inserting ``the
government of any country''; and
(2) by striking ``such country'' each place it appears and
inserting ``such government''.
(b) Period of Prohibition.--Such section 620(q) is further amended
by striking ``six calendar months'' and inserting ``one year''.

SEC. 215. MILITARY COUPS.

Section 620 of the Foreign Assistance Act of 1961 (22 U.S.C. 2370)
is amended by inserting after subsection (l) the following new
subsection (m):
``(m)(1) No assistance may be furnished under this Act or the Arms
Export Control Act (22 U.S.C. 2751 et seq.) for the government of a
country if the duly elected head of government for such country is
deposed by decree or military coup. The prohibition in the preceding
sentence shall cease to apply to a country if the President determines
and certifies to the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of
Representatives that after the termination of assistance a
democratically elected government for such country has taken office.
``(2) Paragraph (1) does not apply to assistance to promote
democratic elections or public participation in democratic processes.
``(3) The President may waive the application of paragraph (1), and
any comparable provision of law, to a country upon determining that it
is important to the national security interest of the United States to
do so.''.

SEC. 216. DESIGNATION OF POSITION FOR WHICH APPOINTEE IS NOMINATED.

Section 624 of the Foreign Assistance Act of 1961 (22 U.S.C. 2584)
is amended by inserting after subsection (c) the following new
subsection (d):
``(d) Nomination of Officers.--Whenever the President submits to
the Senate a nomination of an individual for appointment to a position
authorized under subsection (a), the President shall designate the
particular position in the agency for which the individual is
nominated.''.

SEC. 217. EXCEPTIONS TO REQUIREMENT FOR CONGRESSIONAL NOTIFICATION OF
PROGRAM CHANGES.

Section 634A(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2394-1(b)) is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) of funds if the advance notification would pose a
substantial risk to human health or welfare, but such
notification shall be provided to the committees of Congress
named in subsection (a) not later than 3 days after the action
is taken; or
``(4) of funds made available under section 23 of the Arms
Export Control Act (22 U.S.C. 2763) for the provision of major
defense equipment (other than conventional ammunition),
aircraft, ships, missiles, or combat vehicles in quantities not
in excess of 20 percent of the quantities previously justified
under section 25 of such Act (22 U.S.C. 2765).''.

SEC. 218. COMMITMENTS FOR EXPENDITURES OF FUNDS.

Section 635(h) of the Foreign Assistance Act of 1961 (22 U.S.C.
2395(h)) is amended by striking ``available'' and all that follows
through ``may,'' and inserting ``made available under this Act may,''.

SEC. 219. ALTERNATIVE DISPUTE RESOLUTION.

Section 635(i) of the Foreign Assistance Act of 1961 (22 U.S.C.
2395(i)) is amended to read as follows:
``(i) Notwithstanding any other provision of law, claims arising as
a result of operations under this Act may be settled (including by use
of alternative dispute resolution procedures) or arbitrated with the
consent of the parties. Payment made pursuant to any such settlement or
arbitration shall be final and conclusive.''.

SEC. 220. ADMINISTRATIVE AUTHORITIES.

Section 636 of the Foreign Assistance Act of 1961 (22 U.S.C. 2396)
is amended--
(1) in subsection (a)--
(A) in paragraph (3), by--
(i) striking ``abroad''; and
(ii) striking ``Civil Service Commission''
and inserting ``Office of Personnel
Management'';
(B) by striking paragraph (5) and inserting the
following:
``(5) purchase and hire of passenger motor vehicles;''; and
(C) in paragraph (10), by striking ``for not to
exceed ten years'';
(2) in subsection (c), by striking ``not to exceed
$6,000,000 of the''; and
(3) in subsection (d), by striking ``Not to exceed
$2,500,000 of funds'' and inserting ``Funds''.

SEC. 221. ASSISTANCE FOR LAW ENFORCEMENT FORCES.

Section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420)
is amended--
(1) in subsection (b)--
(A) in paragraph (6), by striking ``and the
provision of professional'' and all that follows
through ``democracy'' and inserting ``including any
regional, district, municipal, or other subnational
entity emerging from instability'';
(B) by striking the period at the end of paragraph
(7) and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(8) with respect to assistance to combat corruption in
furtherance of the objectives for which programs are authorized
to be established under section 133 of this Act (22 U.S.C.
2152c);
``(9) with respect to the provision of professional public
safety training, including training in internationally
recognized standards of human rights, the rule of law, and the
promotion of civilian police roles that support democracy; and
``(10) with respect to assistance to combat trafficking in
persons.'';
(2) by striking subsection (d) and inserting the following:
``(d) Subsection (a) does not apply to assistance for law
enforcement forces for which the Secretary, on a case-by-case basis,
determines that it is important to the national interest of the United
States to furnish such assistance and submits to the committees of the
Congress referred to in subsection (a) of section 634A of this Act (22
U.S.C. 2394-1) an advance notification of the obligation of funds for
such assistance in accordance with such section 634A.''.

SEC. 222. SPECIAL DEBT RELIEF FOR THE POOREST.

The Foreign Assistance Act of 1961 is amended by adding at the end
the following:

``PART VI--SPECIAL DEBT RELIEF FOR THE POOREST

``SEC. 901. SPECIAL DEBT RELIEF FOR THE POOREST.

``(a) Authority.--Subject to subsections (b) and (c), 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 any of the
following transactions:
``(1) Concessional loans extended under part I of this Act,
or chapter 4 of part II of this Act, or antecedent foreign
economic assistance laws.
``(2) Guarantees issued under sections 221 and 222 of this
Act.
``(3) Credits extended or guarantees issued under the Arms
Export Control Act (22 U.S.C. 2751 et seq.).
``(4) 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--
``(A) section 5(f) of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714c(f));
``(B) section 201(b) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5621(b)); or
``(C) section 202 of the Agricultural Trade Act of
1978 (7 U.S.C. 5622).
``(b) General Limitations.--
``(1) Exclusive conditions.--The authority provided in
subsection (a) may be exercised--
``(A) only to implement multilateral official debt
relief and referendum agreements, commonly referred to
as `Paris Club Agreed Minutes';
``(B) only in such amounts or to such extent as is
provided in advance in appropriations Acts; and
``(C) only with respect to countries with heavy
debt burdens that--
``(i) 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; and
``(ii) are not determined ineligible under
subsection (c).
``(2) Advance notification of congress.--The authority
provided by subsection (a) shall be subject to the requirements
of section 634A of this Act (22 U.S.C. 2394-1).
``(c) Eligibility Limitations.--The authority provided by
subsection (a) may be exercised only with respect to a country the
government of which, as determined by the President--
``(1) does not make 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) does not engage, through its military or security
forces or by other means, in a consistent pattern of gross
violations of internationally recognized human rights; and
``(5) is not ineligible for assistance under section 527 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 2370a).
``(d) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) may not be considered assistance for
purposes of any provision of law limiting assistance to a country. The
authority provided in subsection (a) may be exercised notwithstanding
section 620(r) of this Act (22 U.S.C. 2370(r)) or section 321 of the
International Development and Food Assistance Act of 1975 (22 U.S.C.
2220a note).''.

SEC. 223. CONGO BASIN FOREST PARTNERSHIP.

(a) Findings.--Congress makes the following findings:
(1) Deforestation and environmental degradation in the
Congo Basin in central Africa pose a major threat to the
wellbeing and livelihood of the African people and to the world
at large.
(2) It is in the national interest of the United States to
assist the countries of the Congo Basin to reduce the rate of
forest degradation and loss of biodiversity.
(3) The Congo Basin Forest Partnership, an initiative
involving the Central Africa Regional Program for the
Environment of the United States Agency for International
Development, and also the Department of State, the United
States Fish and Wildlife Service, the National Park Service,
the National Forest Service, and National Aeronautics and Space
Administration, was established to address in a variety of ways
the environmental conditions in the Congo Basin.
(4) In partnership with nongovernmental environmental
groups, the Congo Basin Forest Partnership will foster improved
conservation and management of natural resources through
programs at the local, national, and regional levels to help
reverse the environmental degradation of the Congo Basin.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Congo Basin Forest Partnership program represents a
significant effort at addressing the complex environmental and
development challenges in the Congo Basin; and
(2) the President should make available for fiscal year
2004 at least the total level of assistance that the President
requested for such fiscal year for all agencies participating
in the Congo Basin Forest Partnership program for fiscal year
2004.

SEC. 224. LANDMINE CLEARANCE PROGRAMS.

The Secretary is authorized to support cooperative arrangements
commonly known as public-private partnerships for landmine clearance
programs by grant or cooperative agreement.

SEC. 225. MIDDLE EAST FOUNDATION.

(a) Purposes.--The purposes of this section are to support, through
the provision of grants, technical assistance, training, and other
programs, in the countries of the Middle East, the expansion of--
(1) civil society;
(2) opportunities for political participation for all
citizens;
(3) protections for internationally recognized human
rights, including the rights of women;
(4) educational system reforms;
(5) independent media;
(6) policies that promote economic opportunities for
citizens;
(7) the rule of law; and
(8) democratic processes of government.
(b) Middle East Foundation.--
(1) Designation.--The Secretary of State is authorized to
designate an appropriate private, nonprofit organization that
is organized or incorporated under the laws of the United
States or of a State as the Middle East Foundation (referred to
in this section as the ``Foundation'').
(2) Funding.--The Secretary of State is authorized to
provide funding to the Foundation through the Middle East
Partnership Initiative of the Department of State. The
Foundation shall use amounts provided under this paragraph to
carry out the purposes of this section, including through
making grants and providing other assistance to entities to
carry out programs for such purposes.
(3) Notification to congressional committees.--The
Secretary shall notify the Committee on Foreign Relations of
the Senate and the Committee on International Relations of the
House of Representatives before designating an appropriate
organization as the Foundation.
(c) Grants for Projects.--
(1) Foundation to make grants.--The Secretary of State
shall enter into an agreement with the Foundation that requires
the Foundation to use the funds provided under subsection
(b)(2) to make grants to persons (other than governments or
government entities) located in the Middle East or working with
local partners based in the Middle East to carry out projects
that support the purposes specified in subsection (a).
(2) Center for public policy.--Under the agreement
described in paragraph (1), the Foundation may make a grant to
an institution of higher education located in the Middle East
to create a center for public policy for the purpose of
permitting scholars and professionals from the countries of the
Middle East and from other countries, including the United
States, to carry out research, training programs, and other
activities to inform public policymaking in the Middle East and
to promote broad economic, social, and political reform for the
people of the Middle East.
(3) Applications for grants.--An entity seeking a grant
from the Foundation under this section shall submit an
application to the head of the Foundation at such time, in such
manner, and including such information as the head of the
Foundation may reasonably require.
(d) Private Character of the Foundation.--Nothing in this section
shall be construed to--
(1) make the Foundation an agency or establishment of the
United States Government, or to make the officers or employees
of the Foundation officers or employees of the United States
for purposes of title 5, United States Code; or
(2) to impose any restriction on the Foundation's
acceptance of funds from private and public sources in support
of its activities consistent with the purposes of this section.
(e) Limitation on Payments to Foundation Personnel.--No part of the
funds provided to the Foundation under this section shall inure to the
benefit of any officer or employee of the Foundation, except as salary
or reasonable compensation for services.
(f) Retention of Interest.--The Foundation may hold funds provided
under this section in interest-bearing accounts prior to the
disbursement of such funds to carry out the purposes of this section,
and may retain for use for such purposes any interest earned without
returning such interest to the Treasury of the United States and
without further appropriation by Congress.
(g) Financial Accountability.--
(1) Independent private audits of the foundation.--The
accounts of the Foundation shall be audited annually in
accordance with generally accepted auditing standards by
independent certified public accountants or independent
licensed public accountants certified or licensed by a
regulatory authority of a State or other political subdivision
of the United States. The report of the independent audit shall
be included in the annual report required by subsection (h).
(2) GAO audits.--The financial transactions undertaken
pursuant to this section by the Foundation may be audited by
the General Accounting Office in accordance with such
principles and procedures and under such rules and regulations
as may be prescribed by the Comptroller General of the United
States.
(3) Audits of grant recipients.--
(A) In general.--A recipient of a grant from the
Foundation shall agree to permit an audit of the books
and records of such recipient related to the use of the
grant funds.
(B) Recordkeeping.--Such recipient shall maintain
appropriate books and records to facilitate an audit
referred to subparagraph (A), including--
(i) separate accounts with respect to the
grant funds;
(ii) records that fully disclose the use of
the grant funds;
(iii) records describing the total cost of
any project carried out using grant funds; and
(iv) the amount and nature of any funds
received from other sources that were combined
with the grant funds to carry out a project.
(h) Annual Reports.--Not later than January 31, 2005, and annually
thereafter, the Foundation shall submit to Congress and make available
to the public an annual report that includes, for the fiscal year prior
to the fiscal year in which the report is submitted, a comprehensive
and detailed description of--
(1) the operations and activities of the Foundation that
were carried out using funds provided under this section;
(2) grants made by the Foundation to other entities with
funds provided under this section;
(3) other activities of the Foundation to further the
purposes of this section; and
(4) the financial condition of the Foundation.

Subtitle B--Arms Export Control Act Amendments and Related Provisions

SEC. 231. THRESHOLDS FOR ADVANCE NOTICE TO CONGRESS OF SALES OR
UPGRADES OF DEFENSE ARTICLES, DESIGN AND CONSTRUCTION
SERVICES, AND MAJOR DEFENSE EQUIPMENT.

(a) Letters of Offer To Sell.--Subsection (b) of section 36 of the
Arms Export Control Act (22 U.S.C. 2776) is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``Subject to paragraph (6), in''
and inserting ``In'';
(B) by striking ``$50,000,000'' and inserting
``$100,000,000'';
(C) by striking ``services for $200,000,000'' and
inserting ``services for $350,000,000'';
(D) by striking ``$14,000,000'' and inserting
``$50,000,000''; and
(E) by inserting ``and in other cases if the
President determines it is appropriate,'' before
``before such letter'';
(2) in the first sentence of paragraph (5)(C)--
(A) by striking ``Subject to paragraph (6), if''
and inserting ``If'';
(B) by striking ``$14,000,000'' and inserting
``$50,000,000'';
(C) by striking ``$50,000,000'' and inserting
``$100,000,000'';
(D) by striking ``or $200,000,000'' and inserting
``or $350,000,000''; and
(E) by inserting ``and in other cases if the
President determines it is appropriate,'' before ``then
the President''; and
(3) by striking paragraph (6).
(b) Export Licenses.--Subsection (c) of section 36 of the Arms
Export Control Act (22 U.S.C. 2776) is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``Subject to paragraph (5), in''
and inserting ``In'';
(B) by striking ``$14,000,000'' and inserting
``$50,000,000'';
(C) by striking ``$50,000,000'' and inserting
``$100,000,000''; and
(D) by inserting ``and in other cases if the
President determines it is appropriate,'' before
``before issuing such'';
(2) in the last sentence of paragraph (2), by striking
``(A) and (B)'' and inserting ``(A), (B), and (C)''; and
(3) by striking paragraph (5).
(c) Presidential Consent.--Section 3(d) of the Arms Export Control
Act (22 U.S.C. 2753(d)) is amended--
(1) in paragraphs (1) and (3)(A)--
(A) by striking ``Subject to paragraph (5), the''
and inserting ``The'';
(B) by striking ``$14,000,000'' and inserting
``$50,000,000''; and
(C) by striking ``$50,000,000'' and inserting
``$100,000,000''; and
(2) by striking paragraph (5).

SEC. 232. CLARIFICATION OF REQUIREMENT FOR ADVANCE NOTICE TO CONGRESS
OF COMPREHENSIVE EXPORT AUTHORIZATIONS.

Subsection (d) of section 36 of the Arms Export Control Act (22
U.S.C. 2776) is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``(1)'';
(B) by striking ``this subsection'' and inserting
``this subparagraph''; and
(C) by adding at the end the following new
subparagraph:
``(B) Notwithstanding section 27(g), in the case of a comprehensive
authorization described in section 126.14 of title 22, Code of Federal
Regulations (or any corresponding similar regulation) for the proposed
export of defense articles or defense services in an amount that
exceeds a limitation set forth in subsection (c)(1), before the
comprehensive authorization is approved or the addition of a foreign
government or other foreign partner to the comprehensive authorization
is approved, the President shall submit a certification with respect to
the comprehensive authorization in a manner similar to the
certification required under subsection (c)(1) of this section and
containing comparable information, except that the last sentence of
such subsection shall not apply to certifications submitted pursuant to
this subparagraph.''; and
(2) in paragraph (4), by striking ``Approval for an
agreement subject to paragraph (1) may not be given under
section 38'' and inserting ``Approval for an agreement subject
to paragraph (1)(A), or for a comprehensive authorization
subject to paragraph (1)(B), may not be given under section 38
or section 126.14 of title 22, Code of Federal Regulations (or
any corresponding similar regulation), as the case may be,''.

SEC. 233. EXCEPTION TO BILATERAL AGREEMENT REQUIREMENTS FOR TRANSFERS
OF DEFENSE ITEMS WITHIN AUSTRALIA.

(a) Exception on Transfers Within Australia.--Subsection (j) of
section 38 of the Arms Export Control Act (22 U.S.C. 2778(j)) is
amended by adding at the end the following new paragraph:
``(5) Exception from bilateral agreement requirements.--The
requirements for a bilateral agreement described in paragraph
(2)(A) of this subsection shall not apply to such an agreement
between the United States Government and the Government of
Australia with respect to transfers within Australia of defense
items that will remain subject to the licensing requirements of
this Act after the agreement enters into force.''.
(b) Conforming Amendments.--Paragraph (2) of such subsection (22
U.S.C. 2778(j)(2)) is amended in the material preceding subparagraph
(A) by striking ``A bilateral agreement'' and inserting ``Except as
provided in paragraph 5, a bilateral agreement''.

SEC. 234. AUTHORITY TO PROVIDE CATALOGING DATA AND SERVICES TO NON-NATO
COUNTRIES.

Section 21(h)(2) of the Arms Export Control Act (22 U.S.C.
2761(h)(2)) is amended by striking ``to the North Atlantic Treaty
Organization or to any member government of that Organization if that
Organization or member government'' and inserting ``to the North
Atlantic Treaty Organization, to any member government of that
Organization, or to the government of any other country if that
Organization, member government, or other government''.

SEC. 235. FREEDOM SUPPORT ACT PERMANENT WAIVER AUTHORITY.

(a) Authority To Waive Restrictions and Eligibility Requirements.--
If the President submits the certification and report described in
subsection (b) with respect to an independent state of the former
Soviet Union for a fiscal year, funds may be obligated and expended
during that fiscal year under sections 503 and 504 of the FREEDOM
Support Act (22 U.S.C. 5852) for assistance or other programs and
activities for that state even if that state has not met one or more of
the requirements for eligibility under paragraphs (1) through (4) of
that section.
(b) Certification and Report.--
(1) In general.--The certification and report referred to
in subsection (a) are a written certification submitted by the
President to Congress that the waiver of the restriction under
such section 502 and the requirements in that section during
the fiscal year covered by such certification is important to
the national security interests of the United States, together
with a report containing the following:
(A) A description of the activity or activities
that prevent the President from certifying that the
state is committed to the matters set forth in the
provisions of law specified in subsection (a) in such
fiscal year.
(B) An explanation of why the waiver is important
to the national security interests of the United
States.
(C) A description of the strategy, plan, or policy
of the President for promoting the commitment of the
state to, and compliance by the state with, such
matters, notwithstanding the waiver.
(2) Form of report.--A report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.

SEC. 236. EXTENSION OF PAKISTAN WAIVERS.

The Act entitled ``An Act to authorize the President to exercise
waivers of foreign assistance restrictions with respect to Pakistan
through September 30, 2003, and for other purposes'', approved October
27, 2001 (Public Law 107-57; 115 Stat. 403), is amended--
(1) in section 1(a)--
(A) by striking ``2002'' in the heading and
inserting ``2004''; and
(B) by striking ``2002'' in paragraph (1) and
inserting ``2004'';
(2) in paragraph (2) of section 3, by striking ``Foreign
Operations, Export Financing, and Related Programs
Appropriations Acts, 2002, as is'' and inserting ``annual
foreign operations, export financing, and related programs
appropriations Acts for fiscal years 2002, 2003, and 2004, as
are''; and
(3) in section 6, by striking ``October 1, 2003'' and
inserting ``October 1, 2004''.

SEC. 237. CONSOLIDATION OF REPORTS ON NONPROLIFERATION IN SOUTH ASIA.

Section 1601(c) of the Foreign Relations Authorization Act, Fiscal
Year 2003 is amended to read as follows:
``(c) Report.--The report required to be submitted to Congress not
later than April 1, 2004 pursuant to section 620F(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2376(c)) shall include a description
of the efforts of the United States Government to achieve the
objectives described in subsections (a) and (b), the progress made
toward achieving such objectives, and the likelihood that such
objectives will be achieved by September 30, 2004.''.

SEC. 238. HAITIAN COAST GUARD.

The Government of Haiti shall be eligible to purchase defense
articles and services for the Haitian Coast Guard under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), subject to the prior notification
requirements under section 634A of the Foreign Assistance Act of 1961
(22 U.S.C. 2394-1).

SEC. 239. SENSE OF CONGRESS RELATING TO EXPORTS OF DEFENSE ITEMS TO THE
UNITED KINGDOM.

(a) Findings.--Congress makes the following findings:
(1) The continued cooperation between the United States and
the United Kingdom is critical to the national security and
economic stability of the United States and the world.
(2) The United Kingdom has demonstrated a commitment to
implementing and maintaining an effective export control system
that prohibits countries designated as supporting international
terrorism and other rogue states from securing items and
technology that threaten the national security of the United
States.
(3) The United States and the United Kingdom have been
strategic partners with respect to the efforts of the United
Nations Security Council Counter-Terrorism Committee to
eradicate terrorism and the financing of terrorist activities.
(4) The war in Iraq demonstrated the close cooperation that
exists between the United States and the United Kingdom with
respect to military and defense operations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government and the Government of the
United Kingdom should finalize a bilateral agreement with
respect to an exemption for certain qualified United States-
origin defense items from the licensing requirements under the
International Traffic in Arms Regulations (ITAR); and
(2) following the completion of the bilateral agreement,
the United States should approve an exception, as appropriate,
relating to the bilateral agreement with the United Kingdom
from the requirements described in section 38(j) of the Arms
Export Control Act (22 U.S.C. 2778(j)).

SEC. 240. MARKETING INFORMATION FOR COMMERCIAL COMMUNICATIONS
SATELLITES.

(a) In General.--A license shall not be required under section 38
of the Arms Export Control Act (22 U.S.C. 2778) for the transfer of
marketing information for the purpose of providing information directly
related to the sale of commercial communications satellites and related
parts to a member country of the North Atlantic Treaty Organization
(NATO) and Australia, Japan, and New Zealand.
(b) Marketing Information.--In this section, the term ``marketing
information'' means data that a seller must provide to a potential
customer (including a foreign end-user) that will enable the customer
to make a purchase decision to award a contract for goods or services,
including system description, functional information, price and
schedule information, information required for installation, operation,
maintenance, and repair, and includes that level of data necessary to
ensure safe use of the product, but does not include sensitive
encryption and source code data, detailed design data, engineering
analysis, or manufacturing know-how.
(c) Exception.--Nothing in this section shall exempt commercial
communications satellites from any licensing requirement under section
38 of the Arms Export Control Act (22 U.S.C. 2778) for defense items
and defense services, except as described in subsection (a).

TITLE III--RADIOLOGICAL TERRORISM THREAT REDUCTION

SEC. 301. SHORT TITLE.

This title may be cited as the ``Radiological Terrorism Threat
Reduction Act of 2003''.

SEC. 302. FINDINGS.

Congress makes the following findings:
(1) It is feasible for terrorists to obtain and disseminate
radioactive material by using a radiological dispersion device
(RDD) or by emplacing discrete radioactive sources in major
public places.
(2) An attack by terrorists using radiological material
could cause catastrophic economic and social damage, although
it might kill few, if any, Americans.
(3) The first line of defense against radiological
terrorism is preventing the acquisition of radioactive material
by terrorists.

SEC. 303. DEFINITIONS.

In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) Byproduct material.--The term ``byproduct material''
has the meaning given the term in section 11 e. of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(e)).
(3) IAEA.--The term ``IAEA'' means the International Atomic
Energy Agency.
(4) Independent states of the former soviet union.--The
term ``independent states of the former Soviet Union'' has the
meaning given the term in section 3 of the FREEDOM Support Act
(22 U.S.C. 5801).
(5) Radioactive material.--The term ``radioactive
material'' means--
(A) source material and special nuclear material,
but does not include natural or depleted uranium;
(B) nuclear byproduct material;
(C) material made radioactive by bombardment in an
accelerator; and
(D) all refined isotopes of radium.
(6) Radioactive source.--The term ``radioactive source''
means radioactive material that is permanently sealed in a
capsule or closely bonded and includes any radioactive material
released if the source is leaking or stolen, but does not
include any material within the nuclear fuel cycle of a
research or power reactor.
(7) Radioisotope thermal generator.--The term
``radioisotope thermal generator'' means an electrical
generator which derives its power from the heat produced by the
decay of a radioactive source by the emission of alpha, beta,
or gamma radiation. The term does not include nuclear reactors
deriving their energy from the fission or fusion of atomic
nuclei.
(8) Secretary.--The term ``Secretary'' means the Secretary
of State.
(9) Source material.--The term ``source material'' has the
meaning given the term in section 11 z. of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(z)).
(10) Special nuclear material.--The term ``special nuclear
material'' has the meaning given the term in section 11 aa. of
the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).

SEC. 304. INTERNATIONAL STORAGE FACILITIES FOR RADIOACTIVE SOURCES.

(a) Agreements on Temporary Secure Storage.--The Secretary is
authorized to propose that the IAEA conclude agreements with up to 8
countries under which agreement each country would provide temporary
secure storage for orphaned, unused, surplus, or other radioactive
sources (other than special nuclear material, nuclear fuel, or spent
nuclear fuel). Such agreements shall be consistent with the IAEA Code
of Conduct on the Safety and Security of Radioactive Sources, and shall
address the need for storage of such radioactive sources in countries
or regions of the world where convenient access to secure storage of
such radioactive sources does not exist.
(b) Voluntary Contributions to IAEA Authorized.--
(1) In general.--The Secretary is authorized to make
voluntary contributions to the IAEA for use by the Department
of Nuclear Safety of the IAEA to fund the United States share
of the costs of activities associated with or under agreements
under subsection (a).
(2) United states share in fiscal year 2004.--The United
States share of the costs of activities under agreements under
subsection (a) in fiscal year 2004 may be 100 percent of the
costs of such activities in that fiscal year.
(c) Technical Assistance.--The Secretary is authorized to provide
the IAEA and other countries with technical assistance to carry out
activities under agreements under subsection (a) in a manner that meets
the standards of the IAEA Code of Conduct on the Safety and Security of
Radioactive Sources.
(d) Applicability of Environmental Laws.--
(1) Inapplicability of nepa to facilities outside united
states.--The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) shall not apply with respect to any
temporary secure storage facility constructed outside the
United States under an agreement under subsection (a).
(2) Applicability of foreign environmental laws.--The
construction and operation of a facility described in paragraph
(1) shall be governed by any applicable environmental laws of
the country in which the facility is constructed.
(e) Authorization of Appropriations.--
(1) In general.--Of the amounts authorized to be
appropriated under this Act for Nonproliferation, Anti-
terrorism, Demining, and Related Programs, there is authorized
to be appropriated to the President for fiscal year 2004,
$4,000,000 to carry out this section.
(2) Availability.--Amounts authorized to be appropriated by
paragraph (1) are authorized to remain available until
expended.

SEC. 305. DISCOVERY, INVENTORY, AND RECOVERY OF RADIOACTIVE SOURCES.

(a) Authority.--The Secretary is authorized to provide assistance,
including through voluntary contributions to the IAEA under subsection
(b), to support a program of the Division of Radiation and Waste Safety
of the Department of Nuclear Safety of the IAEA to promote the
discovery, inventory, and recovery of radioactive sources in member
nations of the IAEA.
(b) Voluntary Contributions to IAEA Authorized.--The Secretary is
authorized to make voluntary contributions to the IAEA to fund the
United States share of the program described in subsection (a).
(c) Technical Assistance.--The Secretary is authorized to provide
the IAEA and other countries with technical assistance to carry out the
program described in subsection (a).
(d) Authorization of Appropriations.--
(1) In general.--Of the amounts authorized to be
appropriated under this Act for Nonproliferation, Anti-
terrorism, Demining, and Related Programs, there is authorized
to be appropriated to the President for fiscal year 2004,
$4,000,000 to carry out this section.
(2) Availability.--Amounts authorized to be appropriated by
paragraph (1) are authorized to remain available until
expended.

SEC. 306. RADIOISOTOPE THERMAL GENERATOR POWER UNITS IN THE INDEPENDENT
STATES OF THE FORMER SOVIET UNION.

(a) Substitution With Other Power Units.--
(1) In general.--The Secretary is authorized to assist the
Government of the Russian Federation to substitute solar (or
other non-nuclear) power sources for radioisotope thermal power
units operated by the Russian Federation and other independent
states of the former Soviet Union in applications such as
lighthouses in the Arctic, remote weather stations, and for
providing electricity in remote locations.
(2) Technology requirement.--Any power unit utilized as a
substitute power unit under paragraph (1) shall, to the maximum
extent practicable, be based upon tested technologies that have
operated for at least one full year in the environment where
the substitute power unit will be used.
(b) Consultation.--The Secretary shall consult with the Secretary
of Energy to ensure that substitute power sources provided under this
section are for facilities from which the radioisotope thermal
generator power units have been or are being removed.
(c) Activities Outside Former Soviet Union.--The Secretary may use
not more than 20 percent of the funds available under this section in
any fiscal year to replace dangerous radioisotope thermal power
facilities that are similar to the facilities described in subsection
(a) in countries other than the independent states of the former Soviet
Union.
(d) Funding.--
(1) In general.--Of the amounts authorized to be
appropriated under this Act for Nonproliferation, Anti-
terrorism, Demining, and Related Programs, there is authorized
to be appropriated to the President for fiscal year 2004,
$5,000,000 to carry out this section.
(2) Availability of funds.--Amounts available under
paragraph (1) are authorized to remain available until
expended.

SEC. 307. FOREIGN FIRST RESPONDERS.

(a) In General.--The Secretary is authorized to assist foreign
countries, or to propose that the IAEA assist foreign countries, in the
development of appropriate national response plans and the training of
first responders to--
(1) detect, identify, and characterize radioactive
material;
(2) understand the hazards posed by radioactive
contamination;
(3) understand the risks encountered at various dose rates;
(4) enter contaminated areas safely and speedily; and
(5) evacuate persons within a contaminated area.
(b) Considerations.--In carrying out activities under subsection
(a), the Secretary shall take into account the findings of the threat
assessment report required by section 308 and the location of any
storage facilities for radioactive sources under section 304.
(c) Authorization of Appropriations.--
(1) In general.--Of the amounts authorized to be
appropriated under this Act for Nonproliferation, Anti-
terrorism, Demining, and Related Programs, there is authorized
to be appropriated to the President for fiscal year 2004,
$2,000,000 to carry out this section.
(2) Availability.--Amounts authorized to be appropriated by
paragraph (1) are authorized to remain available until
expended.

SEC. 308. THREAT ASSESSMENT REPORTS.

(a) Reports Required.--The Secretary shall, at the times specified
in subsection (c), submit to the appropriate congressional committees a
report--
(1) detailing the preparations made at United States
diplomatic missions abroad to detect and mitigate a
radiological attack on United States missions and other United
States facilities under the control of the Secretary;
(2) setting forth a rank-ordered list of the Secretary's
priorities for improving radiological security and consequence
management at United States missions; and
(3) providing a rank-ordered list of the missions where
such improvement is most important.
(b) Budget Request.--Each report under subsection (a) shall also
include a proposed budget to carry out the improvements described in
subsection (a)(2) under such report.
(c) Timing.--
(1) First report.--The first report under subsection (a)
shall be submitted not later than 180 days after the date of
the enactment of this Act.
(2) Subsequent reports.--Subsequent reports under
subsection (a) shall be submitted with the budget justification
materials submitted by the Secretary to Congress in support of
the budget of the President for the fiscal year (as submitted
under section 1105(a) of title 31, United States Code) for each
fiscal year commencing with fiscal year 2006.
(d) Form.--Each report shall be submitted in unclassified form, but
may include a classified annex.

TITLE IV--GLOBAL PATHOGEN SURVEILLANCE

SEC. 401. SHORT TITLE.

This title may be cited as the ``Global Pathogen Surveillance Act
of 2003''.

SEC. 402. FINDINGS; PURPOSE.

(a) Findings.--Congress makes the following findings:
(1) Bioterrorism poses a grave national security threat to
the United States. The insidious nature of the threat, the
likely delayed recognition in the event of an attack, and the
underpreparedness of the domestic public health infrastructure
may produce catastrophic consequences following a biological
weapons attack upon the United States.
(2) A contagious pathogen engineered as a biological weapon
and developed, tested, produced, or released in another country
can quickly spread to the United States. Given the realities of
international travel, trade, and migration patterns, a
dangerous pathogen released anywhere in the world can spread to
United States territory in a matter of days, before any
effective quarantine or isolation measures can be implemented.
(3) To effectively combat bioterrorism and ensure that the
United States is fully prepared to prevent, diagnose, and
contain a biological weapons attack, measures to strengthen the
domestic public health infrastructure and improve domestic
surveillance and monitoring, while absolutely essential, are
not sufficient.
(4) The United States should enhance cooperation with the
World Health Organization, regional health organizations, and
individual countries, including data sharing with appropriate
United States departments and agencies, to help detect and
quickly contain infectious disease outbreaks or bioterrorism
agents before they can spread.
(5) The World Health Organization (WHO) has done an
impressive job in monitoring infectious disease outbreaks
around the world, including the recent emergence of the Severe
Acute Respiratory Syndrome (SARS) epidemic, particularly with
the establishment in April 2000 of the Global Outbreak Alert
and Response network.
(6) The capabilities of the World Health Organization are
inherently limited by the quality of the data and information
it receives from member countries, the narrow range of diseases
(plague, cholera, and yellow fever) upon which its disease
surveillance and monitoring is based, and the consensus process it uses
to add new diseases to the list. Developing countries in particular
often cannot devote the necessary resources to build and maintain
public health infrastructures.
(7) In particular, developing countries could benefit
from--
(A) better trained public health professionals and
epidemiologists to recognize disease patterns;
(B) appropriate laboratory equipment for diagnosis
of pathogens;
(C) disease reporting based on symptoms and signs
(known as ``syndrome surveillance''), affording the
earliest possible opportunity to conduct an effective
response;
(D) a narrowing of the existing technology gap in
syndrome surveillance capabilities and real-time
information dissemination to public health officials;
and
(E) appropriate communications equipment and
information technology to efficiently transmit
information and data within national and regional
health networks, including inexpensive, Internet-based
Geographic Information Systems (GIS) and relevant
telephone-based systems for early recognition and
diagnosis of diseases.
(8) An effective international capability to monitor and
quickly diagnose infectious disease outbreaks will offer
dividends not only in the event of biological weapons
development, testing, production, and attack, but also in the
more likely cases of naturally occurring infectious disease
outbreaks that could threaten the United States. Furthermore, a
robust surveillance system will serve to deter terrorist use of
biological weapons, as early detection will help mitigate the
intended effects of such malevolent uses.
(b) Purpose.--The purposes of this title are as follows:
(1) To enhance the capability and cooperation of the
international community, including the World Health
Organization and individual countries, through enhanced
pathogen surveillance and appropriate data sharing, to detect,
identify, and contain infectious disease outbreaks, whether the
cause of those outbreaks is intentional human action or natural
in origin.
(2) To enhance the training of public health professionals
and epidemiologists from eligible developing countries in
advanced Internet-based and other electronic syndrome
surveillance systems, in addition to traditional epidemiology
methods, so that they may better detect, diagnose, and contain
infectious disease outbreaks, especially those due to pathogens
most likely to be used in a biological weapons attack.
(3) To provide assistance to developing countries to
purchase appropriate public health laboratory equipment
necessary for infectious disease surveillance and diagnosis.
(4) To provide assistance to developing countries to
purchase appropriate communications equipment and information
technology, including, as appropriate, relevant computer
equipment, Internet connectivity mechanisms, and telephone-
based applications to effectively gather, analyze, and transmit
public health information for infectious disease surveillance
and diagnosis.
(5) To make available greater numbers of United States
Government public health professionals to international health
organizations, regional health networks, and United States
diplomatic missions where appropriate.
(6) To establish ``lab-to-lab'' cooperative relationships
between United States public health laboratories and
established foreign counterparts.
(7) To expand the training and outreach activities of
overseas United States laboratories, including Centers for
Disease Control and Prevention and Department of Defense
entities, to enhance the disease surveillance capabilities of
developing countries.
(8) To provide appropriate technical assistance to existing
regional health networks and, where appropriate, seed money for
new regional networks.

SEC. 403. DEFINITIONS.

In this title:
(1) Biological weapons convention.--The term ``Biological
Weapons Convention'' means the Convention on the Prohibition of
the Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on Their Destruction, signed
at Washington, London, and Moscow April 10, 1972.
(2) Eligible developing country.--The term ``eligible
developing country'' means any developing country that--
(A) has agreed to the objective of fully complying
with requirements of the World Health Organization on
reporting public health information on outbreaks of
infectious diseases;
(B) has not been determined by the Secretary, for
purposes of section 40 of the Arms Export Control Act
(22 U.S.C. 2780), section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371), or section
6(j) of the Export Administration Act of 1979 (50
U.S.C. App. 2405), to have repeatedly provided support
for acts of international terrorism, unless the
Secretary exercises a waiver certifying that it is in
the national interest of the United States to provide
assistance under the provisions of this title; and
(C) is a state party to the Biological Weapons
Convention.
(3) Eligible national.--The term ``eligible national''
means any citizen or national of an eligible developing country
who is eligible to receive a visa under the provisions of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(4) International health organization.--The term
``international health organization'' includes the World Health
Organization and the Pan American Health Organization.
(5) Laboratory.--The term ``laboratory'' means a facility
for the biological, microbiological, serological, chemical,
immuno-hematological, hematological, biophysical, cytological,
pathological, or other examination of materials derived from
the human body for the purpose of providing information for the
diagnosis, prevention, or treatment of any disease or
impairment of, or the assessment of the health of, human
beings.
(6) Secretary.--Unless otherwise provided, the term
``Secretary'' means the Secretary of State.
(7) Select agent.--The term ``select agent'' has the
meaning given such term for purposes of section 72.6 of title
42, Code of Federal Regulations.
(8) Syndrome surveillance.--The term ``syndrome
surveillance'' means the recording of symptoms (patient
complaints) and signs (derived from physical examination)
combined with simple geographic locators to track the emergence
of a disease in a population.

SEC. 404. PRIORITY FOR CERTAIN COUNTRIES.

Priority in the provision of United States assistance for eligible
developing countries under all the provisions of this title shall be
given to those countries that permit personnel from the World Health
Organization and the Centers for Disease Control and Prevention to
investigate outbreaks of infectious diseases on their territories,
provide early notification of disease outbreaks, and provide pathogen
surveillance data to appropriate United States departments and agencies
in addition to international health organizations.

SEC. 405. RESTRICTION.

Notwithstanding any other provision of this title, no foreign
nationals participating in programs authorized under this title shall
have access, during the course of such participation, to select agents
that may be used as, or in, a biological weapon, except in a supervised
and controlled setting.

SEC. 406. FELLOWSHIP PROGRAM.

(a) Establishment.--There is established a fellowship program (in
this section referred to as the ``program'') under which the Secretary,
in consultation with the Secretary of Health and Human Services and
subject to the availability of appropriations, shall award fellowships
to eligible nationals to pursue public health education or training, as
follows:
(1) Master of public health degree.--Graduate courses of
study leading to a master of public health degree with a
concentration in epidemiology from an institution of higher
education in the United States with a Center for Public Health
Preparedness, as determined by the Centers for Disease Control
and Prevention.
(2) Advanced public health epidemiology training.--Advanced
public health training in epidemiology to be carried out at the
Centers for Disease Control and Prevention (or equivalent State
facility), or other Federal facility (excluding the Department
of Defense or United States National Laboratories), for a
period of not less than 6 months or more than 12 months.
(b) Specialization in Bioterrorism.--In addition to the education
or training specified in subsection (a), each recipient of a fellowship
under this section (in this section referred to as a ``fellow'') may
take courses of study at the Centers for Disease Control and Prevention
or at an equivalent facility on diagnosis and containment of likely
bioterrorism agents.
(c) Fellowship Agreement.--
(1) In general.--In awarding a fellowship under the
program, the Secretary, in consultation with the Secretary of
Health and Human Services, shall require the recipient to enter
into an agreement under which, in exchange for such assistance,
the recipient--
(A) will maintain satisfactory academic progress
(as determined in accordance with regulations issued by
the Secretary and confirmed in regularly scheduled
updates to the Secretary from the institution providing
the education or training on the progress of the
recipient's education or training);
(B) will, upon completion of such education or
training, return to the recipient's country of
nationality or last habitual residence (so long as it
is an eligible developing country) and complete at
least four years of employment in a public health
position in the government or a nongovernmental, not-
for-profit entity in that country or, with the approval
of the Secretary, complete part or all of this
requirement through service with an international
health organization without geographic restriction; and
(C) agrees that, if the recipient is unable to meet
the requirements described in subparagraph (A) or (B),
the recipient will reimburse the United States for the
value of the assistance provided to the recipient under the fellowship,
together with interest at a rate determined in accordance with
regulations issued by the Secretary but not higher than the rate
generally applied in connection with other Federal loans.
(2) Waivers.--The Secretary may waive the application of
paragraph (1)(B) and (1)(C) if the Secretary determines that it
is in the national interest of the United States to do so.
(d) Implementation.--The Secretary, in consultation with the
Secretary of Health and Human Services, is authorized to enter into an
agreement with any eligible developing country under which the country
agrees--
(1) to establish a procedure for the nomination of eligible
nationals for fellowships under this section;
(2) to guarantee that a fellow will be offered a
professional public health position within the country upon
completion of his studies; and
(3) to certify to the Secretary when a fellow has concluded
the minimum period of employment in a public health position
required by the fellowship agreement, with an explanation of
how the requirement was met.
(e) Participation of United States Citizens.--On a case-by-case
basis, the Secretary may provide for the participation of United States
citizens under the provisions of this section if the Secretary
determines that it is in the national interest of the United States to
do so. Upon completion of such education or training, a United States
recipient shall complete at least 5 years of employment in a public
health position in an eligible developing country or an international
health organization.

SEC. 407. IN-COUNTRY TRAINING IN LABORATORY TECHNIQUES AND SYNDROME
SURVEILLANCE.

(a) In General.--In conjunction with the Centers for Disease
Control and Prevention and the Department of Defense, the Secretary
shall, subject to the availability of appropriations, support short
training courses in-country (not in the United States) for laboratory
technicians and other public health personnel from eligible developing
countries in laboratory techniques relating to the identification,
diagnosis, and tracking of pathogens responsible for possible
infectious disease outbreaks. Training under this section may be
conducted in overseas facilities of the Centers for Disease Control and
Prevention or in Overseas Medical Research Units of the Department of
Defense, as appropriate. The Secretary shall coordinate such training
courses, where appropriate, with the existing programs and activities
of the World Health Organization.
(b) Training in Syndrome Surveillance.--In conjunction with the
Centers for Disease Control and Prevention and the Department of
Defense, the Secretary shall, subject to the availability of
appropriations, establish and support short training courses in-country
(not in the United States) for public health personnel from eligible
developing countries in techniques of syndrome surveillance reporting
and rapid analysis of syndrome information using Geographic Information
System (GIS) and other Internet-based tools. Training under this
subsection may be conducted via the Internet or in appropriate
facilities as determined by the Secretary. The Secretary shall
coordinate such training courses, where appropriate, with the existing
programs and activities of the World Health Organization.

SEC. 408. ASSISTANCE FOR THE PURCHASE AND MAINTENANCE OF PUBLIC HEALTH
LABORATORY EQUIPMENT.

(a) Authorization.--The President is authorized, on such terms and
conditions as the President may determine, to furnish assistance to
eligible developing countries to purchase and maintain public health
laboratory equipment described in subsection (b).
(b) Equipment Covered.--Equipment described in this subsection is
equipment that is--
(1) appropriate, where possible, for use in the intended
geographic area;
(2) necessary to collect, analyze, and identify
expeditiously a broad array of pathogens, including mutant
strains, which may cause disease outbreaks or may be used as a
biological weapon;
(3) compatible with general standards set forth, as
appropriate, by the World Health Organization and the Centers
for Disease Control and Prevention, to ensure interoperability
with regional and international public health networks; and
(4) not defense articles or defense services as those terms
are defined under section 47 of the Arms Export Control Act (22
U.S.C. 2794).
(c) Rule of Construction.--Nothing in this section shall be
construed to exempt the exporting of goods and technology from
compliance with applicable provisions of the Export Administration Act
of 1979 (50 U.S.C. App. 2401 et seq.) (or successor statutes).
(d) Limitation.--Amounts appropriated to carry out this section
shall not be made available for the purchase from a foreign country of
equipment that, if made in the United States, would be subject to the
Arms Export Control Act (22 U.S.C. 2751 et seq.) or likely be barred or
subject to special conditions under the Export Administration Act of
1979 (50 U.S.C. App. 2401 et seq.) (or successor statutes).
(e) Host Country's Commitments.--The assistance provided under this
section shall be contingent upon the host country's commitment to
provide the resources, infrastructure, and other assets required to
house, maintain, support, secure, and maximize use of this equipment
and appropriate technical personnel.

SEC. 409. ASSISTANCE FOR IMPROVED COMMUNICATION OF PUBLIC HEALTH
INFORMATION.

(a) Assistance for Purchase of Communication Equipment and
Information Technology.--The President is authorized to provide, on
such terms and conditions as the President may determine, assistance to
eligible developing countries for the purchase and maintenance of
communications equipment and information technology described in
subsection (b), and supporting equipment, necessary to effectively
collect, analyze, and transmit public health information.
(b) Covered Equipment.--Equipment (and information technology)
described in this subsection is equipment that--
(1) is suitable for use under the particular conditions of
the area of intended use;
(2) meets appropriate World Health Organization standards
to ensure interoperability with like equipment of other
countries and international health organizations; and
(3) is not defense articles or defense services as those
terms are defined under section 47 of the Arms Export Control
Act (22 U.S.C. 2794).
(c) Rule of Construction.--Nothing in this section shall be
construed to exempt the exporting of goods and technology from
compliance with applicable provisions of the Export Administration Act
of 1979 (50 U.S.C. App. 2401 et seq.) (or successor statutes).
(d) Limitation.--Amounts appropriated to carry out this section
shall not be made available for the purchase from a foreign country of
equipment that, if made in the United States, would be subject to the
Arms Export Control Act or likely be barred or subject to special
conditions under the Export Administration Act of 1979 (50 U.S.C. App.
2401 et seq.) (or successor statutes).
(e) Assistance for Standardization of Reporting.--The President is
authorized to provide, on such terms and conditions as the President
may determine, technical assistance and grant assistance to
international health organizations to facilitate standardization in the
reporting of public health information between and among developing
countries and international health organizations.
(f) Host Country's Commitments.--The assistance provided under this
section shall be contingent upon the host country's commitment to
provide the resources, infrastructure, and other assets required to
house, support, maintain, secure, and maximize use of this equipment
and appropriate technical personnel.

SEC. 410. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL TO UNITED STATES
MISSIONS AND INTERNATIONAL ORGANIZATIONS.

(a) In General.--Upon the request of a United States chief of
diplomatic mission or an international health organization, and with
the concurrence of the Secretary of State, the head of a Federal agency
may assign to the respective United States mission or organization any
officer or employee of the agency occupying a public health position
within the agency for the purpose of enhancing disease and pathogen
surveillance efforts in developing countries.
(b) Reimbursement.--The costs incurred by a Federal agency by
reason of the detail of personnel under subsection (a) may be
reimbursed to that agency out of the applicable appropriations account
of the Department of State if the Secretary determines that the
relevant agency may otherwise be unable to assign such personnel on a
non-reimbursable basis.

SEC. 411. EXPANSION OF CERTAIN UNITED STATES GOVERNMENT LABORATORIES
ABROAD.

(a) In General.--Subject to the availability of appropriations, the
Centers for Disease Control and Prevention and the Department of
Defense shall each--
(1) increase the number of personnel assigned to
laboratories of the Centers or the Department, as appropriate,
located in eligible developing countries that conduct research
and other activities with respect to infectious diseases; and
(2) expand the operations of those laboratories, especially
with respect to the implementation of on-site training of
foreign nationals and regional outreach efforts involving
neighboring countries.
(b) Cooperation and Coordination Between Laboratories.--Subsection
(a) shall be carried out in such a manner as to foster cooperation and
avoid duplication between and among laboratories.
(c) Relation to Core Missions and Security.--The expansion of the
operations of overseas laboratories of the Centers or the Department
under this section shall not--
(1) detract from the established core missions of the
laboratories; or
(2) compromise the security of those laboratories, as well
as their research, equipment, expertise, and materials.

SEC. 412. ASSISTANCE FOR REGIONAL HEALTH NETWORKS AND EXPANSION OF
FOREIGN EPIDEMIOLOGY TRAINING PROGRAMS.

(a) Authority.--The President is authorized, on such terms and
conditions as the President may determine, to provide assistance for
the purposes of--
(1) enhancing the surveillance and reporting capabilities
of the World Health Organization and existing regional health
networks; and
(2) developing new regional health networks.
(b) Expansion of Foreign Epidemiology Training Programs.--The
Secretary of Health and Human Services is authorized to establish new
country or regional Foreign Epidemiology Training Programs in eligible
developing countries.

SEC. 413. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations.--
(1) In general.--Of the amounts authorized to be
appropriated under this Act for Nonproliferation, Anti-
terrorism, Demining and Related Programs, there is authorized
to be appropriated $35,000,000 for the fiscal year 2004 to
carry out this title.
(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
(A) $25,000,000 for the fiscal year 2004 is
authorized to be available to carry out sections 406,
407, 408, and 409;
(B) $500,000 for the fiscal year 2004 is authorized
to be available to carry out section 410;
(C) $2,500,000 for the fiscal year 2004 is
authorized to be available to carry out section 411;
and
(D) $7,000,000 for the fiscal year 2004 is
authorized to be available to carry out section 412.
(b) Availability of Funds.--The amount appropriated pursuant to
subsection (a) is authorized to remain available until expended.
(c) Reporting Requirement.--Not later than 90 days after the date
of enactment of this title, the Secretary shall submit a report, in
conjunction with the Secretary of Health and Human Services and the
Secretary of Defense, containing--
(1) a description of the implementation of programs under
this title; and
(2) an estimate of the level of funding required to carry
out those programs at a sufficient level.

TITLE V--MISCELLANEOUS PROVISIONS

Subtitle A--Elimination and Modification of Certain Reporting
Requirements

SEC. 501. ANNUAL REPORT ON TERRITORIAL INTEGRITY.

Section 560 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1994 (titles I through V of Public
Law 103-87; 107 Stat. 966) is amended by striking subsection (g).

SEC. 502. ANNUAL REPORTS ON ACTIVITIES IN COLOMBIA.

Section 694 of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 116 Stat. 1415; 22 U.S.C. 2291 note) is
amended by adding at the end the following:
``(c) Report Consolidation.--The Secretary may satisfy the annual
reporting requirements of this section by incorporating the required
information with the annual report submitted pursuant to section 489(a)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)).''.

SEC. 503. ANNUAL REPORT ON FOREIGN MILITARY TRAINING.

Subsection (a)(1) of section 656 of the Foreign Assistance Act of
1961 (22 U.S.C. 2416) is amended by striking ``January 31'' and
inserting ``March 1''.

SEC. 504. REPORT ON HUMAN RIGHTS IN HAITI.

Section 616(c) of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 1999 (section
101(b) of division A of Public Law 105-277; 112 Stat. 2681-114), is
amended--
(1) in paragraph (2), by striking ``not later than 3 months
after the date of enactment of this Act'' and inserting ``as
part of the annual report submitted under paragraph (4) of this
subsection''; and
(2) in paragraph (3), by inserting ``, as part of the
annual report submitted under paragraph (4) of this
subsection,'' after ``the appropriate congressional
committees''.

Subtitle B--Other Matters

SEC. 511. CERTAIN CLAIMS FOR EXPROPRIATION BY THE GOVERNMENT OF
NICARAGUA.

Section 527 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 475; 22 U.S.C.
2370a) is amended by adding at the end the following new subsection:
``(i) Certain Claims for Expropriation by the Government of
Nicaragua.--
``(1) Matters not to be considered.--Any action described
in subsection (a)(1) that was taken by the Government of
Nicaragua during the period beginning on January 1, 1956, and
ending on January 9, 2002, may not be considered in
implementing the prohibition under subsection (a) unless the
action has been presented in accordance with the procedure set
forth in paragraph (2).
``(2) Actions presented.--An action shall be deemed
presented for purposes of paragraph (1) if, not later than 120
days after the date prescribed under paragraph (3), a written
description of the action is--
``(A) submitted to the Secretary of State by a
United States person; and
``(B) received by the Department of State at--
``(i) the headquarters of the Department of
State in Washington, District of Columbia; or
``(ii) the Embassy of the United States of
America to Nicaragua.
``(3) Time for presentation.--The Secretary of State shall
prescribe the date on which the presentation deadline is based
for the purposes of paragraph (2) and shall publish a notice of
such date in the Federal Register. The prescribed date may be
any date selected by the Secretary in the Secretary's sole
discretion, except that such date may not be the date on which
this subsection takes effect or any date before such effective
date.''.

SEC. 512. AMENDMENTS TO THE ARMS CONTROL AND DISARMAMENT ACT.

(a) Verification of Compliance.--Section 306(a) of the Arms Control
and Disarmament Act (22 U.S.C. 2577(a)) is amended by inserting ``or
other formal commitment'' after ``agreement'' each place it appears in
paragraphs (1) and (2).
(b) Annual Reports to Congress.--
(1) Requirement for reports.--Section 403 of the Arms
Control and Disarmament Act (22 U.S.C. 2593a) is amended to
read as follows:
``Sec. 403. (a) Report on Objectives and Negotiations.--Not later
than April 15 of each year, the President shall submit to the Speaker
of the House of Representatives and to the Chairman of the Committee on
Foreign Relations of the Senate a report prepared by the Secretary of
State in consultation with the Secretary of Defense, the Secretary of
Energy, the Director of Central Intelligence, and the Chairman of the
Joint Chiefs of Staff on the status of United States policy and actions
with respect to arms control, nonproliferation, and disarmament. Such
report shall include--
``(1) a detailed statement concerning the arms control,
nonproliferation, and disarmament objectives of the executive
branch of Government for the forthcoming year; and
``(2) a detailed assessment of the status of any ongoing
arms control, nonproliferation, or disarmament negotiations,
including a comprehensive description of negotiations or other
activities during the preceding year and an appraisal of the
status and prospects for the forthcoming year.
``(b) Report on Compliance.--Not later than April 15 of each year,
the President shall submit to the Speaker of the House of
Representatives and to the Chairman of the Committee on Foreign
Relations of the Senate a report prepared by the Secretary of State
with the concurrence of the Director of Central Intelligence and in
consultation with the Secretary of Defense, the Secretary of Energy,
and the Chairman of the Joint Chiefs of Staff on the status of United
States policy and actions with respect to arms control,
nonproliferation, and disarmament compliance. Such report shall
include--
``(1) a detailed assessment of adherence of the United
States to obligations undertaken in arms control,
nonproliferation, and disarmament agreements, including
information on the policies and organization of each relevant
agency or department of the United States to ensure adherence
to such obligations, a description of national security
programs with a direct bearing on questions of adherence to
such obligations and of steps being taken to ensure adherence,
and a compilation of any substantive questions raised during
the preceding year and any corrective action taken;
``(2) a detailed assessment of the adherence of other
nations to obligations undertaken in all arms control,
nonproliferation, and disarmament agreements or commitments,
including the Missile Technology Control Regime, to which the
United States is a participating state, including information
on actions taken by each nation with regard to the size,
structure, and disposition of its military forces in order to
comply with arms control, nonproliferation, or disarmament
agreements or commitments, and shall include, in the case of
each agreement or commitment about which compliance questions
exist--
``(A) a description of each significant issue
raised and efforts made and contemplated with the other
participating state to seek resolution of the
difficulty;
``(B) an assessment of damage, if any, to the
United States security and other interests;
``(C) recommendations as to any steps that should
be considered to redress any damage to United States
national security and to reduce compliance problems;
and
``(D) for states that are not parties to such
agreements or commitments, a description of activities
of concern carried out by such states and efforts
underway to bring such states into adherence with such
agreements or commitments;
``(3) a discussion of any material noncompliance by foreign
governments with their binding commitments to the United States
with respect to the prevention of the spread of nuclear
explosive devices (as defined in section 830(4) of the Nuclear
Proliferation Prevention Act of 1994 (22 U.S.C. 6305(4)) by
non-nuclear-weapon states (as defined in section 830(5) of that
Act (22 U.S.C. 6305(5)) or the acquisition by such states of
unsafeguarded special nuclear material (as defined in section
830(8) of that Act (22 U.S.C. 6305(8)), including--
``(A) a net assessment of the aggregate military
significance of all such violations;
``(B) a statement of the compliance policy of the
United States with respect to violations of those
commitments; and
``(C) what actions, if any, the President has taken
or proposes to take to bring any nation committing such
a violation into compliance with those commitments; and
``(4) a specific identification, to the maximum extent
practicable in unclassified form, of each and every question
that exists with respect to compliance by other countries with
arms control, nonproliferation, and disarmament agreements and
other formal commitments with the United States.
``(c) Chemical Weapons Convention Compliance Report Requirement
Satisfied.--The report submitted pursuant to subsection (b) shall
include the information necessary to satisfy Condition 10(C) of the
resolution of advice and consent to the Convention on the Prohibition
of Development, Production, Stockpiling and Use of Chemical Weapons and
on Their Destruction, with annexes, done at Paris, January 13, 1993,
and entered into force April 29, 1997 (T. Doc. 103-21), approved by the
Senate on April 24, 1997.
``(d) Classification of Report.--The reports required by this
section shall be submitted in unclassified form, with classified
annexes, as appropriate. The report portions described in paragraphs
(2) and (3) of subsection (b) shall summarize in detail, at least in
classified annexes, the information, analysis, and conclusions relevant
to possible noncompliance by other nations that are provided by United
States intelligence agencies.
``(e) Reporting Consecutive Noncompliance.--If the President in
consecutive reports submitted to the Congress under subsection (b)
reports that any nation is not in full compliance with its binding
nonproliferation commitments to the United States, then the President
shall include in the second such report an assessment of what actions
are necessary to compensate for such violations.
``(f) Additional Requirement.--Each report required by subsection
(b) shall include a discussion of each significant issue described in
subsection (b)(4) that was contained in a previous report issued under
this section during 1995, or after December 31, 1995, until the
question or concern has been resolved and such resolution has been
reported in detail to the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate and the Committee on
International Relations and the Permanent Select Committee on
Intelligence of the House of Representatives.''.
(2) Conforming amendment.--The heading of such section is
amended to read as follows:

``annual reports to congress''.

SEC. 513. SUPPORT FOR SIERRA LEONE.

(a) Findings.--Congress makes the following findings:
(1) As of January 1, 2003, the United States had provided a
total of $516,000,000 to the United Nations Mission in Sierra
Leone and to Operation Focus Relief for the purpose of bringing
peace and stability to Sierra Leone.
(2) In fiscal year 2003, Congress appropriated $144,850,000
to support the United Nations Mission in Sierra Leone, and the
President has requested $84,000,000 for fiscal year 2004 to
support such Mission.
(b) Sense of Congress.--It is the sense of Congress that the
considerable United States investment in stability in Sierra Leone
should be secured through appropriate support for activities aimed at
enhancing Sierra Leone's long-term prospect for peaceful development.
(c) Report.--
(1) In general.--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 appropriate congressional committees on the feasibility of
establishing a United States mission in Sierra Leone.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives.
(d) Availability of Funds.--Of the amounts made available under
chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) or chapter 4 of part II of such Act (22 U.S.C. 2346 et
seq.), up to $15,000,000 may be made available in fiscal year 2004 to
support in Sierra Leone programs--
(1) to increase access to primary and secondary education
in rural areas;
(2) designed to alleviate poverty; and
(3) to eliminate government corruption.

SEC. 514. SUPPORT FOR INDEPENDENT MEDIA IN ETHIOPIA.

Of the amounts made available under chapter 1 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), such sums as
are necessary may be made available in fiscal year 2004 to support
independent media in Ethiopia, including providing support to--
(1) strengthen the capacity of journalists; and
(2) increase access to printing facilities by individuals
who work in the print media.

SEC. 515. SUPPORT FOR SOMALIA.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should work--
(A) to support efforts to strengthen state capacity
in Somalia;
(B) to curtail opportunities for terrorists and
other international criminals in Somalia;
(C) to engage sectors of Somali society that are
working to improve the conditions of the Somali people;
and
(D) to provide alternatives to extremist influences
in Somalia by vigorously pursuing small-scale human
development initiatives; and
(2) supporting stability in Somalia is in the national
interest of the United States.
(b) Report.--
(1) Requirement.--Not later than 6 months after the date of
enactment of this Act, the Secretary of State shall report to
the Committee on Foreign Relations of the Senate on the
strategy for engaging with pockets of competence within the
borders of Somalia to both strengthen local capacity and to
establish incentives for other communities to seek stability.
(2) Content.--The report shall--
(A) outline a multi-year strategy for increasing--
(i) access to primary and secondary
education and basic health care services,
including projected staffing and resource needs
in light of Somalia's current capacity;
(ii) support for the efforts underway to
establish clear systems for effective
regulation and monitoring of Somali remittance
companies; and
(iii) support initiatives to rehabilitate
Somalia's livestock export sector; and
(B) evaluate the feasibility of using the
Ambassador's Fund for Cultural Preservation to support
Somalia's cultural heritage, including the oral
traditions of the Somali people.

SEC. 516. SUPPORT FOR CENTRAL AFRICAN STATES.

(a) Findings.--Congress makes the following findings:
(1) In recent years, the Central African States of Burundi,
the Democratic Republic of the Congo, Rwanda, and Uganda have
all been involved in overlapping conflicts that have
destabilized the region and contributed to the deaths of
millions of civilians.
(2) The Department of State's 2002 Country Report on Human
Rights Practices in Burundi states that, ``impunity for those
who committed serious human rights violations, and the continuing lack
of accountability for those who committed past abuses, remained key
factors in the country's continuing instability.''
(3) The Department of State's 2002 Country Report on Human
Rights Practices in the Democratic Republic of the Congo states
that, ``the judiciary continued to be underfunded, inefficient,
and corrupt. It largely was ineffective as a deterrent to human
rights abuses or as a corrective force.''
(4) The Department of State's 2002 Country Report on Human
Rights Practices in Rwanda states that ``there were credible
reports that Rwandan Defense Force units operating in the
[Democratic Republic of the Congo] committed deliberate
unlawful killings and other serious abuses, and impunity
remained a problem,'' and that ``the Government continued to
conduct genocide trials at a slow pace.''
(5) The Department of State's 2002 Country Report on Human
Rights Practices in Uganda states that ``security forces used
excessive force, at times resulting in death, and committed or
failed to prevent extrajudicial killings of suspected rebels
and civilians. The Government enacted measures to improve the
discipline and training of security forces and punished some
security force officials who were guilty of abuses; however,
abuses by the security forces remained a problem.''
(6) Ongoing human rights abuses in the Democratic Republic
of the Congo, including ethnically-based conflict in Ituri
province, threaten the integrity and viability of the Congolese
peace process.
(b) Statement of Policy.--It is the policy of the United States
Government to support--
(1) efforts aimed at accounting for the grave human rights
abuses and crimes against humanity that have taken place
throughout the central African region since 1993;
(2) programs to encourage reconciliation in communities
affected by such crimes; and
(3) efforts aimed at preventing such crimes in the future.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of State shall submit to the appropriate
congressional committees a report on the actions taken by the United
States Government to implement the policy set out in subsection (b).
(d) Authorization.--Of the amounts made available under chapter 4
of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
seq.), up to $12,000,000 may be made available for fiscal year 2004 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 to improve local capacity to prevent and respond to such
violence.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives.

SEC. 517. AFRICAN CONTINGENCY OPERATIONS TRAINING AND ASSISTANCE
PROGRAM.

(a) Availability of Funds.--Of the amounts made available under
chapter 6 of part II of the Foreign Assistance Act of 1961 (22 U.S.C
2348 et seq.), $15,000,000 may be made available in fiscal year 2004 to
support the African Contingency Operations Training and Assistance
program (in this section referred to as ``ACOTA'') to enhance the
capacity of African militaries to participate in peace support
operations.
(b) Eligibility for Participation.--
(1) Criteria.--Countries receiving ACOTA support shall be
selected on the basis of--
(A) the country's willingness to participate in
peace support operations;
(B) the country's military capability;
(C) the country's democratic governance;
(D) the nature of the relations between the civil
and military authorities within the country;
(E) the human rights record of the country, with
particular attention paid to the record of the
military; and
(F) the relations between the country and its
neighboring states.
(2) Eligibility review.--The eligibility status of
participating countries shall be reviewed at least annually.
(c) Sense of Congress on Local Consultations.--It is the sense of
Congress that the Department of State should--
(1) provide information about the nature and purpose of
ACOTA training to nationals of a country participating in
ACOTA, including parliamentarians and nongovernmental
humanitarian and human rights organizations; and
(2) to the extent possible, provide such information prior
to the beginning of ACOTA training activities in such country.
(d) Sense of Congress on Monitoring.--It is the sense of Congress
that--
(1) the Department of State and other relevant departments
and agencies should monitor the performance and conduct of
military units that receive ACOTA training or support; and
(2) the Department of State should provide to the
appropriate congressional committees an annual report on the
information gained through such monitoring.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives.

SEC. 518. CONDITION ON THE PROVISION OF CERTAIN FUNDS TO INDONESIA.

(a) Condition on Assistance.--Subject to subsection (c), no funds
made available under section 23 of the Arms Export Control Act (22
U.S.C. 2763) or chapter 5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2347 et seq.) in fiscal year 2004, other than funds
made available for expanded military education and training under such
chapter, may be available for a program that involves the Government of
Indonesia or the Indonesian Armed Forces until the President makes the
certification described in subsection (b).
(b) Certification.--The certification referred to in subsection (a)
is a certification submitted by the President to the appropriate
congressional committees that the Government of Indonesia and the
Indonesian Armed Forces are taking effective measures, including
cooperating with the Director of the Federal Bureau of Investigation--
(1) to conduct a full investigation of the attack on United
States citizens in West Papua, Indonesia on August 31, 2002;
and
(2) to criminally prosecute the individuals responsible for
such attack.
(c) Limitation.--Nothing in this section shall prohibit the United
States Government from continuing to conduct programs or training with
the Indonesian Armed Forces, including counter-terrorism training,
officer visits, port visits, or educational exchanges that are being
conducted on the date of the enactment of this Act.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives.

SEC. 519. ASSISTANCE TO COMBAT HIV/AIDS IN CERTAIN COUNTRIES OF THE
CARIBBEAN REGION.

Section 1(f)(2)(B)(ii)(VII) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(f)(2)(B)(ii)(VII)) is amended
by inserting after ``Zambia,'' the following: ``Antigua and Barbuda,
the Bahamas, Barbados, Belize, Dominica, Grenada, Jamaica, Montserrat,
Saint Kitts and Nevis, Saint Vincent and the Grenadines, Saint Lucia,
Suriname, Trinidad and Tobago, Dominican Republic,''.

SEC. 520. REPEAL OF OBSOLETE ASSISTANCE AUTHORITY.

Sections 495 through 495K of the Foreign Assistance Act of 1961 (22
U.S.C. 2292f through 2292q) are repealed.

SEC. 521. TECHNICAL CORRECTIONS.

(a) Error in Enrollment.--Effective as of November 21, 1990, as if
included therein, section 10(a)(1) of Public Law 101-623 (104 Stat.
3356), relating to an amendment of section 610(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2360(a)), is amended by striking
```part I''' and inserting ```part I)'''.
(b) Redesignation of Duplicatively Numbered Section.--Section 620G
of the Foreign Assistance Act of 1961, as added by section 149 of
Public Law 104-164 (110 Stat. 1436; 22 U.S.C. 2378a), is redesignated
as section 620J.
(c) Correction of Short Title.--Effective as of September 30, 1961,
as if included therein, section 111 of Public Law 87-329 (75 Stat. 719;
22 U.S.C. 2151 note) is amended by striking ```The Foreign'' and
inserting ``the `Foreign''.

Calendar No. 116

108th CONGRESS

1st Session

S. 1161

[Report No. 108-56]

_______________________________________________________________________

A BILL

To authorize appropriations for foreign assistance programs for fiscal
year 2004, and for other purposes.

_______________________________________________________________________

May 29, 2003

Read twice and placed on the calendar