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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2800 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      October 30, 2003.
    Resolved, That the bill from the House of Representatives (H.R. 
2800) entitled ``An Act making appropriations for foreign operations, 
export financing, and related programs for the fiscal year ending 
September 30, 2004, and for other purposes.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States

              inspector general of the export-import bank

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

                export-import bank loans program account

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act, that has detonated a nuclear 
explosive after the date of the enactment of this Act: Provided 
further, That notwithstanding section 1(c) of Public Law 103-428, as 
amended, sections 1(a) and (b) of Public Law 103-428 shall remain in 
effect through October 1, 2004.

                        administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 
for official reception and representation expenses for members of the 
Board of Directors, $74,395,000: Provided, That the Export-Import Bank 
may accept, and use, payment or services provided by transaction 
participants for legal, financial, or technical services in connection 
with any transaction for which an application for a loan, guarantee or 
insurance commitment has been made: Provided further, That, 
notwithstanding subsection (b) of section 117 of the Export Enhancement 
Act of 1992, subsection (a) thereof shall remain in effect until 
October 1, 2004.

                overseas private investment corporation

                           noncredit account

    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to 
carry out the credit and insurance programs (including an amount for 
official reception and representation expenses which shall not exceed 
$35,000) shall not exceed $41,385,000: Provided further, That project-
specific transaction costs, including direct and indirect costs 
incurred in claims settlements, and other direct costs associated with 
services provided to specific investors or potential investors pursuant 
to section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.

                            program account

    For the cost of direct and guaranteed loans, $24,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, to be 
derived by transfer from the Overseas Private Investment Corporation 
Non-Credit Account: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums 
shall be available for direct loan obligations and loan guaranty 
commitments incurred or made during fiscal years 2004 and 2005: 
Provided further, That such sums shall remain available through fiscal 
year 2012 for the disbursement of direct and guaranteed loans obligated 
in fiscal year 2004, and through fiscal year 2013 for the disbursement 
of direct and guaranteed loans obligated in fiscal year 2005.
    In addition, such sums as may be necessary for administrative 
expenses to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account.

                  Funds Appropriated to the President

                      trade and development agency

    For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $50,000,000, to remain available 
until September 30, 2005.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

    For expenses necessary to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 2004, unless 
otherwise specified herein, as follows:

           united states agency for international development

                child survival and health programs fund

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, for child 
survival, health, and family planning/reproductive health activities, 
in addition to funds otherwise available for such purposes, 
$1,435,500,000, to remain available until September 30, 2005: Provided, 
That this amount shall be made available for such activities as: (1) 
immunization programs; (2) oral rehydration programs; (3) health, 
nutrition, water and sanitation programs which directly address the 
needs of mothers and children, and related education programs; (4) 
assistance for displaced and orphaned children; (5) programs for the 
prevention, treatment, and control of, and research on, HIV/AIDS, 
tuberculosis, malaria, polio and other infectious diseases; and (6) 
family planning/reproductive health: Provided further, That none of the 
funds appropriated under this heading may be made available for 
nonproject assistance, except that funds may be made available for such 
assistance for ongoing health activities: Provided further, That of the 
funds appropriated under this heading, not to exceed $150,000, in 
addition to funds otherwise available for such purposes, may be used to 
monitor and provide oversight of child survival, maternal and family 
planning/reproductive health, and infectious disease programs: Provided 
further, That the following amounts should be allocated as follows: 
$345,000,000 for child survival and maternal health; $30,000,000 for 
vulnerable children; $500,000,000 for HIV/AIDS including not less than 
$22,000,000 which should be made available to support the development 
of microbicides as a means for combating HIV/AIDS; $185,000,000 for 
other infectious diseases; and $375,500,000 for family planning/
reproductive health, including in areas where population growth 
threatens biodiversity or endangered species: Provided further, That of 
the funds appropriated under this heading that are available for HIV/
AIDS programs and activities, $18,000,000 should be made available for 
the International AIDS Vaccine Initiative: Provided further, That of 
the funds appropriated under this heading, $60,000,000 should be made 
available for a United States contribution to The Vaccine Fund, and up 
to $6,000,000 may be transferred to and merged with funds appropriated 
by this Act under the heading ``Operating Expenses of the United States 
Agency for International Development'' for costs directly related to 
international health, but funds made available for such costs may not 
be derived from amounts made available for contribution under this and 
the preceding proviso: Provided further, That none of the funds made 
available in this Act nor any unobligated balances from prior 
appropriations may be made available to any organization or program 
which, as determined by the President of the United States, supports or 
participates in the management of a program of coercive abortion or 
involuntary sterilization: Provided further, That none of the funds 
made available under this Act may be used to pay for the performance of 
abortion as a method of family planning or to motivate or coerce any 
person to practice abortions: Provided further, That none of the funds 
made available under this Act may be used to lobby for or against 
abortion: Provided further, That in order to reduce reliance on 
abortion in developing nations, funds shall be available only to 
voluntary family planning projects which offer, either directly or 
through referral to, or information about access to, a broad range of 
family planning methods and services, and that any such voluntary 
family planning project shall meet the following requirements: (1) 
service providers or referral agents in the project shall not implement 
or be subject to quotas, or other numerical targets, of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning (this provision shall not be 
construed to include the use of quantitative estimates or indicators 
for budgeting and planning purposes); (2) the project shall not include 
payment of incentives, bribes, gratuities, or financial reward to: (A) 
an individual in exchange for becoming a family planning acceptor; or 
(B) program personnel for achieving a numerical target or quota of 
total number of births, number of family planning acceptors, or 
acceptors of a particular method of family planning; (3) the project 
shall not deny any right or benefit, including the right of access to 
participate in any program of general welfare or the right of access to 
health care, as a consequence of any individual's decision not to 
accept family planning services; (4) the project shall provide family 
planning acceptors comprehensible information on the health benefits 
and risks of the method chosen, including those conditions that might 
render the use of the method inadvisable and those adverse side effects 
known to be consequent to the use of the method; and (5) the project 
shall ensure that experimental contraceptive drugs and devices and 
medical procedures are provided only in the context of a scientific 
study in which participants are advised of potential risks and 
benefits; and, not less than 60 days after the date on which the 
Administrator of the United States Agency for International Development 
determines that there has been a violation of the requirements 
contained in paragraph (1), (2), (3), or (5) of this proviso, or a 
pattern or practice of violations of the requirements contained in 
paragraph (4) of this proviso, the Administrator shall submit to the 
Committees on Appropriations a report containing a description of such 
violation and the corrective action taken by the Agency: Provided 
further, That in awarding grants for natural family planning under 
section 104 of the Foreign Assistance Act of 1961 no applicant shall be 
discriminated against because of such applicant's religious or 
conscientious commitment to offer only natural family planning; and, 
additionally, all such applicants shall comply with the requirements of 
the previous proviso: Provided further, That for purposes of this or 
any other Act authorizing or appropriating funds for foreign 
operations, export financing, and related programs, the term 
``motivate'', as it relates to family planning assistance, shall not be 
construed to prohibit the provision, consistent with local law, of 
information or counseling about all pregnancy options: Provided 
further, That nothing in this paragraph shall be construed to alter any 
existing statutory prohibitions against abortion under section 104 of 
the Foreign Assistance Act of 1961: Provided further, That to the 
maximum extent feasible, taking into consideration cost, timely 
availability, and best health practices, funds appropriated in this Act 
or prior appropriations Acts that are made available for condom 
procurement shall be made available only for the procurement of condoms 
manufactured in the United States: Provided further, That information 
provided about the use of condoms as part of projects or activities 
that are funded from amounts appropriated by this Act shall be 
medically accurate and shall include the public health benefits and 
failure rates of such use.

                         development assistance

    For necessary expenses to carry out the provisions of sections 103, 
105, 106, and 131, and chapter 10 of part I of the Foreign Assistance 
Act of 1961, $1,423,000,000, to remain available until September 30, 
2005: Provided, That none of the funds appropriated under title II of 
this Act that are managed by or allocated to the United States Agency 
for International Development's Global Development Secretariat, may be 
made available except through the regular notification procedures of 
the Committees on Appropriations: Provided further, That $220,000,000 
should be allocated for basic education: Provided further, That none of 
the funds appropriated under this heading may be made available for any 
activity which is in contravention to the Convention on International 
Trade in Endangered Species of Flora and Fauna: Provided further, That 
of the funds appropriated under this heading that are made available 
for assistance programs for displaced and orphaned children and victims 
of war, not to exceed $32,500, in addition to funds otherwise available 
for such purposes, may be used to monitor and provide oversight of such 
programs: Provided further, That of the aggregate amount of the funds 
appropriated by this Act that are made available for agriculture and 
rural development programs, $40,000,000 should be made available for 
plant biotechnology research and development: Provided further, That 
not less than $2,300,000 should be made available for core support for 
the International Fertilizer Development Center: Provided further, That 
of the funds appropriated under this heading, not less than $1,000,000 
shall be made available for support of the United States 
Telecommunications Training Institute: Provided further, That of the 
funds appropriated under this heading, not less than $20,000,000 should 
be made available for the American Schools and Hospitals Abroad 
program: Provided further, That of the funds appropriated under this 
heading, up to $3,000,000 should be made available for support of the 
International Real Property Foundation: Provided further, That of the 
funds appropriated by this Act, $100,000,000 shall be made available 
for drinking water supply projects and related activities.

                   international disaster assistance

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

                              famine fund

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

                         transition initiatives

    For necessary expenses for international disaster rehabilitation 
and reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $55,000,000, to remain available until 
expended, to support transition to democracy and to long-term 
development of countries in crisis: Provided, That such support may 
include assistance to develop, strengthen, or preserve democratic 
institutions and processes, revitalize basic infrastructure, and foster 
the peaceful resolution of conflict: Provided further, That the United 
States Agency for International Development shall submit a report to 
the Committees on Appropriations at least 5 days prior to beginning a 
new program of assistance: Provided further, That if the President 
determines that is important to the national interests of the United 
States to provide transition assistance in excess of the amount 
appropriated under this heading, up to $5,000,000 of the funds 
appropriated by this Act to carry out the provisions of part I of the 
Foreign Assistance Act of 1961 may be used for purposes of this heading 
and under the authorities applicable to funds appropriated under this 
heading:  Provided further, That funds made available pursuant to the 
previous proviso shall be made available subject to prior consultation 
with the Committees on Appropriations.

                      development credit authority

                     (including transfer of funds)

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

     payment to the foreign service retirement and disability fund

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

   operating expenses of the united states agency for international 
                              development

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

                        capital investment fund

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

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

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

                  Other Bilateral Economic Assistance

                         economic support fund

    For necessary expenses to carry out the provisions of chapter 4 of 
part II, $2,415,000,000, to remain available until September 30, 2005: 
Provided, That of the funds appropriated under this heading, not less 
than $480,000,000 shall be available only for Israel, which sum shall 
be available on a grant basis as a cash transfer and shall be disbursed 
within 30 days of the enactment of this Act: Provided further, That not 
less than $575,000,000 shall be available only for Egypt, which sum 
shall be provided on a grant basis, and of which sum cash transfer 
assistance shall be provided with the understanding that Egypt will 
undertake significant economic reforms which are additional to those 
which were undertaken in previous fiscal years, and of which not less 
than $200,000,000 shall be provided as Commodity Import Program 
assistance: Provided further, That of the funds made available pursuant 
to the previous proviso, $2,000,000 shall be made available for the Ibn 
Khaldun Center for Development: Provided further, That the Government 
of Egypt should promptly provide the United States Embassy in Cairo 
with assurances that it will honor contracts entered into with United 
States companies in a timely manner: Provided further, That in 
exercising the authority to provide cash transfer assistance for 
Israel, the President shall ensure that the level of such assistance 
does not cause an adverse impact on the total level of nonmilitary 
exports from the United States to such country and that Israel enters 
into a side letter agreement in an amount proportional to the fiscal 
year 1999 agreement: Provided further, That of the funds appropriated 
under this heading, not less than $250,000,000 shall be made available 
for assistance for Jordan: Provided further, That of the funds 
appropriated under this heading, up to $5,000,000 may be made available 
for the Yitzhak Rabin Center for Israel Studies in Tel Aviv, Israel, 
and up to $5,000,000 may be made available for the Center for Human 
Dignity Museum of Tolerance in Jerusalem, Israel: Provided further, 
That of the funds appropriated under this heading, up to $1,000,000 
should be used to further legal reforms in the West Bank and Gaza, 
including judicial training on commercial disputes and ethics: Provided 
further, That of the funds appropriated under this heading that are 
made available for assistance for Pakistan, not less than $10,000,000 
should be made available to support programs and activities conducted 
by indigenous organizations that seek to further educational, health, 
employment, and other opportunities for the people of Pakistan: 
Provided further, That of the funds made available for indigenous 
organizations pursuant to the previous proviso, $4,000,000 should be 
made available for the Pakistan Human Development Fund and $1,000,000 
for the Amanut Society: Provided further, That $15,000,000 of the funds 
appropriated under this heading shall be made available for Cyprus to 
be used only for scholarships, administrative support of the 
scholarship program, bicommunal projects, and measures aimed at 
reunification of the island and designed to reduce tensions and promote 
peace and cooperation between the two communities on Cyprus: Provided 
further, That $35,000,000 of the funds appropriated under this heading 
shall be made available for assistance for Lebanon, of which not less 
than $4,000,000 shall be made available only for American educational 
institutions for scholarships and other programs: Provided further, 
That notwithstanding section 634(a) of this Act, funds appropriated 
under this heading that are made available for assistance for the 
Central Government of Lebanon shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That the Government of Lebanon should enforce the custody and 
international pickup orders, issued during calendar year 2001, of 
Lebanon's civil courts regarding abducted American children in Lebanon: 
Provided further, That of the funds appropriated under this heading, 
not less than $10,000,000 shall be made available for programs and 
activities in rural Mexico to promote microcredit lending, small 
business and entrepreneurial development, and private property 
ownership in rural communities, and to support small farmers who have 
been affected by adverse economic conditions: Provided further, That 
funds made available pursuant to the previous proviso may be made 
available only if the case involving three Americans arrested in 
Oaxaca, Mexico on October 6, 2003, in connection with a private 
property dispute is resolved satisfactorily, and such funds shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That of the funds appropriated under 
this heading, not less than $25,000,000 shall be made available for 
assistance for the Democratic Republic of Timor-Leste to support 
subsistence agriculture and other income generating opportunities, 
expand basic education and vocational training, strengthen the 
judiciary, promote good governance and the sustainable use of natural 
resources, and improve health care and other basic human services and 
physical infrastructure, of which up to $1,000,000 may be available for 
administrative expenses of the United States Agency for International 
Development: Provided further, That of the funds made available under 
this heading, not less than $2,500,000 shall be made available, in 
addition to amounts otherwise available for such purposes, as a United 
States contribution to the Office of the United Nations High 
Commissioner for Human Rights, to support its activities including 
human rights training for peacekeepers, activities to address 
trafficking in persons, monitoring and field activities: Provided 
further, That of the funds appropriated under this heading, not less 
than $250,000 shall be made available to support the Commission to 
Investigate Illegal Groups and Clandestine Security Apparatus in 
Guatemala: Provided further, That of the funds appropriated under this 
heading, not less than $2,500,000 shall be made available for 
assistance for countries to implement and enforce the Kimberley Process 
Certification Scheme: Provided further, That funds appropriated under 
this heading may be used, notwithstanding any other provision of law, 
to provide assistance to the National Democratic Alliance of Sudan to 
strengthen its ability to protect civilians from attacks, slave raids, 
and aerial bombardment by the Sudanese Government forces and its 
militia allies, and the provision of such funds shall be subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That in the previous proviso, the term ``assistance'' 
includes non-lethal, non-food aid such as blankets, medicine, fuel, 
mobile clinics, water drilling equipment, communications equipment to 
notify civilians of aerial bombardment, non-military vehicles, tents, 
and shoes: Provided further, That of the funds appropriated under this 
heading, not less than $2,500,000 shall be made available during fiscal 
year 2004 for a contribution to the Special Court for Sierra Leone: 
Provided further, That of the funds appropriated under this heading, 
not less than $3,500,000 should be made available for East Asia and 
Pacific Environment Initiatives: Provided further, That of the funds 
appropriated under this heading, $10,000,000 shall be made available to 
continue to support the provision of wheelchairs for needy persons in 
developing countries: Provided further, That of the funds appropriated 
under this heading, $3,000,000 should be made available for the 
Foundation for Security and Sustainability: Provided further, That of 
the funds appropriated under this heading, not less than $350,000 
should be made available, notwithstanding any other provision of law, 
for the National Endowment for Democracy to support democracy and human 
rights in North Korea: Provided further,  That of the funds 
appropriated under this heading, up to $1,000,000 should be made 
available for a program to promote greater understanding and 
interaction among youth in Albania, Kosovo, Montenegro and Macedonia: 
Provided further, That of the funds made available under this heading 
and the heading ``Office of Transition Initiatives'', not less than 
$5,000,000 shall be made available for disarmament, demobilization, and 
reintegration of child soldiers in Liberia: Provided further, That of 
the funds appropriated under this heading, up to $15,000,000 should be 
made available as a United States contribution to the Organization of 
American States for expenses related to the OAS Special Mission in 
Haiti and the implementation of OAS Resolution 822 and subsequent 
resolutions related to improving security and the holding of elections 
to resolve the political impasse created by the disputed May 2000 
election: Provided further, That with respect to funds appropriated 
under this heading in this Act or prior Acts making appropriations for 
foreign operations, export financing, and related programs, the 
responsibility for policy decisions and justifications for the use of 
such funds, including whether there will be a program for a country 
that uses those funds and the amount of each such program, shall be the 
responsibility of the Secretary of State and the Deputy Secretary of 
State and this responsibility shall not be delegated.

              activities to combat hiv/aids globally fund

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 for the prevention, treatment, and control of, 
and research on, HIV/AIDS, $700,000,000, to remain available until 
expended: Provided, That of the funds appropriated under this heading, 
up to $250,000,000 may be made available, notwithstanding any other 
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 
7601 et seq.) as amended by section 699J of this Act, for a United 
States contribution to the Global Fund to Fight AIDS, Tuberculosis and 
Malaria: Provided further, That such contribution shall be expended at 
the minimum rate necessary to make timely payment for projects and 
activities: Provided further, That of the funds appropriated under this 
heading, $150,000,000 is made available for the International Mother 
and Child HIV Prevention Initiative: Provided further, That funds made 
available for HIV/AIDS programs and activities under the headings 
``Child Survival and Health Programs Fund'', ``Economic Support Fund'', 
``Assistance for Eastern Europe and the Baltic States'' and 
``Assistance for the Independent States of the Former Soviet Union'' in 
this Act may be transferred to and merged with funds appropriated under 
this heading: Provided further, That of the funds appropriated under 
this heading, $20,000,000 may be apportioned directly to the Peace 
Corps to remain available until expended for necessary expenses to 
carry out activities to combat HIV/AIDS, tuberculosis and malaria: 
Provided further, That of the funds appropriated under this heading, 
funds shall be made available to the World Health Organization's HIV/
AIDS, Tuberculosis and Malaria Cluster: Provided further, That of the 
funds appropriated under this heading, not more than $8,000,000 may be 
made available for administrative expenses of the office of the 
``Coordinator of United States Government Activities to Combat HIV/AIDS 
Globally'' of the Department of State: Provided further, That of the 
funds appropriated under this heading, not less than $28,000,000 shall 
be made available for a United States contribution to UNAIDS: Provided 
further, That the Coordinator should seek to ensure that an appropriate 
percent of the budget for prevention and treatment programs of the 
Global Fund to Fight AIDS, Tuberculosis and Malaria is made available 
to support technical assistance to ensure the quality of such programs: 
Provided further, That of the funds appropriated under this heading, 
not less than $29,000,000 shall be made available for injection safety 
programs, including national planning, the provision and international 
transport of nonreusable autodisposable syringes or other safe 
injection equipment, public education, training of health providers, 
waste management, and publication of quantitative results: Provided 
further, That of the funds appropriated under this heading, not less 
than $46,000,000 shall be made available for blood safety programs, 
including the establishment and support of national blood services, the 
provision of rapid HIV test kits, staff training, and quality assurance 
programs.

          assistance for eastern europe and the baltic states

    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $445,000,000, to remain available until 
September 30, 2005, which shall be available, notwithstanding any other 
provision of law, for assistance and for related programs for Eastern 
Europe and the Baltic States: Provided, That of the funds appropriated 
under this heading that are made available for assistance for Bulgaria, 
$3,000,000 should be made available to enhance safety at nuclear power 
plants: Provided further, That of the funds appropriated under this 
heading, and under the headings ``Assistance for the Independent States 
of the Former Soviet Union'' and ``Economic Support Fund'', not less 
than $50,000,000 shall be made available for programs for the 
prevention, treatment, and control of, and research on, HIV/AIDS, 
tuberculosis, and malaria.
    (b) Funds appropriated under this heading or in prior 
appropriations Acts that are or have been made available for an 
Enterprise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the Fund's disbursement of such funds for program 
purposes. The Fund may retain for such program purposes any interest 
earned on such deposits without returning such interest to the Treasury 
of the United States and without further appropriation by the Congress. 
Funds made available for Enterprise Funds shall be expended at the 
minimum rate necessary to make timely payment for projects and 
activities.
    (c) Funds appropriated under this heading shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained 
in that Act for the use of economic assistance.
    (d) With regard to funds appropriated under this heading for the 
economic revitalization program in Bosnia and Herzegovina, and local 
currencies generated by such funds (including the conversion of funds 
appropriated under this heading into currency used by Bosnia and 
Herzegovina as local currency and local currency returned or repaid 
under such program) the Administrator of the United States Agency for 
International Development shall provide written approval for grants and 
loans prior to the obligation and expenditure of funds for such 
purposes, and prior to the use of funds that have been returned or 
repaid to any lending facility or grantee.
    (e) The provisions of section 629 of this Act shall apply to funds 
made available under subsection (d) and to funds appropriated under 
this heading: Provided, That notwithstanding any provision of this or 
any other Act, including provisions in this subsection regarding the 
application of section 629 of this Act, local currencies generated by, 
or converted from, funds appropriated by this Act and by previous 
appropriations Acts and made available for the economic revitalization 
program in Bosnia may be used in Eastern Europe and the Baltic States 
to carry out the provisions of the Foreign Assistance Act of 1961 and 
the Support for East European Democracy (SEED) Act of 1989.
    (f) The President is authorized to withhold funds appropriated 
under this heading made available for economic revitalization programs 
in Bosnia and Herzegovina, if he determines and certifies to the 
Committees on Appropriations that the Federation of Bosnia and 
Herzegovina has not complied with article III of annex 1-A of the 
General Framework Agreement for Peace in Bosnia and Herzegovina 
concerning the withdrawal of foreign forces, and that intelligence 
cooperation on training, investigations, and related activities between 
state sponsors of terrorism and terrorist organizations and Bosnian 
officials has not been terminated.

    assistance for the independent states of the former soviet union

    (a) For necessary expenses to carry out the provisions of chapters 
11 and 12 of part I of the Foreign Assistance Act of 1961 and the 
FREEDOM Support Act, for assistance for the Independent States of the 
former Soviet Union and for related programs, $596,000,000, to remain 
available until September 30, 2005: Provided, That the provisions of 
such chapters shall apply to funds appropriated by this paragraph: 
Provided further, That of the funds made available for the Southern 
Caucasus region, notwithstanding any other provision of law, funds may 
be used for confidence-building measures and other activities in 
furtherance of the peaceful resolution of the regional conflicts, 
especially those in the vicinity of Abkhazia and Nagorno-Karabagh: 
Provided further, That of the funds appropriated under this heading, 
$20,000,000 shall be made available solely for assistance for the 
Russian Far East: Provided further, That $5,000,000 shall be made 
available to promote freedom of the media and an independent media in 
Russia: Provided further, That not less than $3,000,000 shall be made 
available for programs and activities authorized under section 307 of 
the FREEDOM Support Act (Public Law 102-511): Provided further, That of 
the funds appropriated under this heading, $500,000 shall be made 
available to support democracy building programs in Russia through the 
Sakharov Archives: Provided further, That, notwithstanding any other 
provision of law, funds appropriated under this heading in this Act or 
prior Acts making appropriations for foreign operations, export 
financing, and related programs, that are made available pursuant to 
the provisions of section 807 of Public Law 102-511 shall be subject to 
a 6 percent ceiling on administrative expenses.
    (b) Of the funds appropriated under this heading that are made 
available for assistance for Ukraine, not less than $20,000,000 shall 
be made available for nuclear reactor safety initiatives, of which 
$14,000,000 should be for simulator-related projects; and not less than 
$2,000,000 shall be made available for coal mine safety programs.
    (c) Of the funds appropriated under this heading, $75,000,000 
should be made available for assistance for Georgia.
    (d) Of the funds appropriated under this heading, not less than 
$75,000,000 shall be made available for assistance for Armenia.
    (e)(1) Of the funds appropriated under this heading that are 
allocated for assistance for the Government of the Russian Federation, 
60 percent shall be withheld from obligation until the President 
determines and certifies in writing to the Committees on Appropriations 
that the Government of the Russian Federation:
            (A) has terminated implementation of arrangements to 
        provide Iran with technical expertise, training, technology, or 
        equipment necessary to develop a nuclear reactor, related 
        nuclear research facilities or programs, or ballistic missile 
        capability; and
            (B) is providing full access to international non-
        government organizations providing humanitarian relief to 
        refugees and internally displaced persons in Chechnya.
    (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, child 
        survival activities, or assistance for victims of trafficking 
        in persons; and
            (B) activities authorized under title V (Nonproliferation 
        and Disarmament Programs and Activities) of the FREEDOM Support 
        Act.
    (f) Section 907 of the FREEDOM Support Act shall not apply to--
            (1) activities to support democracy or assistance under 
        title V of the FREEDOM Support Act and section 1424 of Public 
        Law 104-201 or non-proliferation assistance;
            (2) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2421);
            (3) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his 
        or her official capacity;
            (4) any insurance, reinsurance, guarantee or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
            (5) any financing provided under the Export-Import Bank Act 
        of 1945; or
            (6) humanitarian assistance.

                          Independent Agencies

                       inter-american foundation

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

                     african development foundation

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

                              peace corps

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

                          Department of State

          international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $284,550,000, to remain available until 
expended: Provided, That during fiscal year 2004, the Department of 
State may also use the authority of section 608 of the Foreign 
Assistance Act of 1961, without regard to its restrictions, to receive 
excess property from an agency of the United States Government for the 
purpose of providing it to a foreign country under chapter 8 of part I 
of that Act subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the funds 
appropriated under this heading, $20,000,000 should be made available 
for anti-trafficking in persons programs, including trafficking 
prevention, protection and assistance for victims, and prosecution of 
traffickers: Provided further, That of the funds appropriated under 
this heading, $7,105,000 should be made available for the International 
Law Enforcement Academy in Roswell, New Mexico, of which $2,105,000 
should be made available for construction and completion of a new 
facility: Provided further, That of the funds appropriated under this 
heading, not more than $25,117,000 may be available for administrative 
expenses: Provided further, That $5,000,000 of amounts made available 
under this heading shall be for combating piracy of United States 
intellectual property.

                     andean counterdrug initiative

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961 to support counterdrug activities in the Andean 
region of South America, $660,000,000, to remain available until 
expended: Provided, That in addition to the funds appropriated under 
this heading and subject to the regular notification procedures of the 
Committees on Appropriations, the President may make available up to an 
additional $37,000,000 for the Andean Counterdrug Initiative, which may 
be derived from funds appropriated under the heading ``International 
Narcotics Control and Law Enforcement'' in this Act and in prior Acts 
making appropriations for foreign operations, export financing, and 
related programs: Provided further, That in fiscal year 2004, funds 
available to the Department of State for assistance to the Government 
of Colombia shall be available to support a unified campaign against 
narcotics trafficking, against activities by organizations designated 
as terrorist organizations such as the Revolutionary Armed Forces of 
Colombia (FARC), the National Liberation Army (ELN), and the United 
Self-Defense Forces of Colombia (AUC), and to take actions to protect 
human health and welfare in emergency circumstances, including 
undertaking rescue operations: Provided further, That this authority 
shall cease to be effective if the Secretary of State has credible 
evidence that the Colombian Armed Forces are not conducting vigorous 
operations to restore government authority and respect for human rights 
in areas under the effective control of paramilitary and guerrilla 
organizations: Provided further, That the President shall ensure that 
if any helicopter procured with funds under this heading is used to aid 
or abet the operations of any illegal self-defense group or illegal 
security cooperative, such helicopter shall be immediately returned to 
the United States: Provided further, That the Secretary of State, in 
consultation with the Administrator of the United States Agency for 
International Development, shall provide to the Committees on 
Appropriations not later than 45 days after the date of the enactment 
of this Act and prior to the initial obligation of funds appropriated 
under this heading, a report on the proposed uses of all funds under 
this heading on a country-by-country basis for each proposed program, 
project, or activity: Provided further, That of the funds appropriated 
under this heading, not less than $250,000,000 shall be apportioned 
directly to the United States Agency for International Development, to 
be used for alternative development/institution building including 
judicial reform, of which not less than $165,000,000 shall be made 
available for such purposes in Colombia: Provided further, That of the 
funds appropriated under this heading, not less than $25,000,000 shall 
be made available for judicial reform in Colombia: Provided further, 
That of the funds appropriated under this heading, in addition to funds 
made available pursuant to the previous proviso, not less than 
$2,500,000 shall be made available to protect human rights defenders in 
Colombia, not less than $3,500,000 shall be made available for the 
United Nations Office of the High Commissioner for Human Rights in 
Colombia, not less than $10,000,000 shall be made available for 
assistance for the Colombian Attorney General's Human Rights Unit, and 
not less than $2,500,000 shall be made available for assistance for the 
human rights unit of the Colombian Procuraduria: Provided further, That 
not more than 20 percent of the funds appropriated by this Act that are 
used for the procurement of chemicals for aerial coca and poppy 
fumigation programs may be made available for such programs unless the 
Secretary of State, after consultation with the Administrator of the 
Environmental Protection Agency (EPA), certifies to the Committees on 
Appropriations that: (1) the herbicide mixture is being used in 
accordance with EPA label requirements for comparable use in the United 
States and any additional controls recommended by the EPA for this 
program, and with the Colombian Environmental Management Plan for 
aerial fumigation; and (2) the herbicide mixture, in the manner it is 
being used, does not pose unreasonable risks or adverse effects to 
humans or the environment: Provided further, That such funds may not be 
made available unless the Secretary of State certifies to the 
Committees on Appropriations that complaints of harm to health or licit 
crops caused by such fumigation are evaluated and fair compensation is 
being paid for meritorious claims: Provided further,  That such funds 
may not be made available for such purposes unless programs are being 
implemented by the United States Agency for International Development, 
the Government of Colombia, or other organizations, in consultation 
with local communities, to provide alternative sources of income in 
areas where security permits for small-acreage growers whose illicit 
crops are targeted for fumigation: Provided further, That of the funds 
appropriated under this heading, not less than $2,500,000 shall be made 
available for continued training, equipment, and other assistance for 
the Colombian National Park Service: Provided further, That none of the 
funds appropriated by this Act shall be made available for aerial 
fumigation within Colombia's national parks: Provided further, That 
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to 
funds appropriated under this heading: Provided further, That 
assistance provided with funds appropriated under this heading that is 
made available notwithstanding section 482(b) of the Foreign Assistance 
Act of 1961, as amended, and funds appropriated by this Act that are 
made available for Colombia, shall be made available subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That the provisions of section 3204(b) through (d) of 
Public Law 106-246, as amended by Public Law 107-115, shall be 
applicable to funds appropriated for fiscal year 2004: Provided 
further, That no United States Armed Forces personnel or United States 
civilian contractor employed by the United States will participate in 
any combat operation in connection with assistance made available by 
this Act for Colombia: Provided further, That funds appropriated under 
this heading that are available for the Bolivian military and police 
may be made available if the Secretary of State determines and reports 
to the Committees on Appropriations that (1) the Bolivian Government is 
vigorously investigating and prosecuting members of the Bolivian 
military and police who have been credibly alleged to have committed 
gross violations of human rights and is promptly punishing those found 
to have committed such violations; and (2) the Bolivian military and 
police are cooperating with such investigations and prosecutions: 
Provided further, That of the funds appropriated under this heading, 
not more than $16,285,000 may be available for administrative expenses 
of the Department of State, and not more than $4,500,000 may be 
available, in addition to amounts otherwise available for such 
purposes, for administrative expenses of the United States Agency for 
International Development.

                    migration and refugee assistance

    For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses 
of personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 
5, United States Code; purchase and hire of passenger motor vehicles; 
and services as authorized by section 3109 of title 5, United States 
Code, $760,197,000, which shall remain available until expended: 
Provided, That not more than $21,000,000 may be available for 
administrative expenses: Provided further, That not less than 
$50,000,000 of the funds made available under this heading shall be 
made available for refugees from the former Soviet Union and Eastern 
Europe and other refugees resettling in Israel: Provided further, That 
funds appropriated under this heading may be made available for a 
headquarters contribution to the International Committee of the Red 
Cross only if the Secretary of State determines (and so reports to the 
appropriate committees of Congress) that the Magen David Adom Society 
of Israel is not being denied participation in the activities of the 
International Red Cross and Red Crescent Movement: Provided further, 
That funds made available under this heading should be made available 
to international organizations for assistance for refugees from North 
Korea: Provided further, That funds made available under this heading 
should be made available for assistance for persons in Thailand who 
fled Burma for humanitarian or other reasons: Provided further, That 
none of the funds appropriated by this Act shall be provided to the 
central Government of Nepal until the Secretary of State determines and 
reports to the Committees on Appropriations that the Government of 
Nepal is cooperating with the United Nations High Commissioner for 
Refugees and other appropriate international organizations on issues 
concerning the protection of refugees from Tibet.

     united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 2601(c)), $40,000,000, to remain available until expended: 
Provided, That funds made available under this heading are appropriated 
notwithstanding the provisions contained in section 2(c)(2) of such Act 
which would limit the amount of funds which could be appropriated for 
this purpose.

    nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $385,200,000, to carry 
out the provisions of chapter 8 of part II of the Foreign Assistance 
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the 
Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, 
section 23 of the Arms Export Control Act or the Foreign Assistance Act 
of 1961 for demining activities, the clearance of unexploded ordnance, 
the destruction of small arms, and related activities, notwithstanding 
any other provision of law, including activities implemented through 
nongovernmental and international organizations, and section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA), and for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That of this amount not to exceed $35,000,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That funds appropriated under 
this heading may be made available for the International Atomic Energy 
Agency only if the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to participate in 
the activities of that Agency: Provided further, That of the funds 
appropriated under this heading, $19,300,000 shall be made available 
for a United States contribution to the Comprehensive Nuclear Test Ban 
Treaty Preparatory Commission: Provided further, That notwithstanding 
the previous proviso, funds earmarked in the previous proviso that are 
not made available during fiscal year 2004 for a contribution to the 
Comprehensive Nuclear Test Ban Treaty Preparatory Commission and that 
are not necessary to make the United States contribution to the 
Commission in the amount assessed for fiscal year 2004 shall be made 
available for a voluntary contribution to the International Atomic 
Energy Agency and shall remain available until September 30, 2005: 
Provided further, That of the funds made available for demining and 
related activities, not to exceed $690,000, in addition to funds 
otherwise available for such purposes, may be used for administrative 
expenses related to the operation and management of the demining 
program: Provided further, That the Secretary of State is authorized to 
provide not to exceed $250,000 for public-private partnerships for mine 
action by grant, cooperative agreement, or contract.

                       Department of the Treasury

               international affairs technical assistance

    For necessary expenses to carry out the provisions of section 129 
of the Foreign Assistance Act of 1961 (relating to international 
affairs technical assistance activities), $12,000,000, to remain 
available until September 30, 2006, which shall be available 
notwithstanding any other provision of law.

                           debt restructuring

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, as the President 
may determine, for which funds have been appropriated or otherwise made 
available for programs within the International Affairs Budget Function 
150, including the cost of selling, reducing, or canceling amounts owed 
to the United States as a result of concessional loans made to eligible 
countries, pursuant to parts IV and V of the Foreign Assistance Act of 
1961, and of modifying concessional credit agreements with least 
developed countries, as authorized under section 411 of the 
Agricultural Trade Development and Assistance Act of 1954, as amended, 
and concessional loans, guarantees and credit agreements, as authorized 
under section 572 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461), and of 
canceling amounts owed, as a result of loans or guarantees made 
pursuant to the Export-Import Bank Act of 1945, by countries that are 
eligible for debt reduction pursuant to title V of H.R. 3425 as enacted 
into law by section 1000(a)(5) of Public Law 106-113, $195,000,000, to 
remain available until expended: Provided, That not less than 
$20,000,000 of the funds appropriated under this heading shall be made 
available to carry out the provisions of part V of the Foreign 
Assistance Act of 1961: Provided further, That $75,000,000 of the funds 
appropriated under this heading may be used by the Secretary of the 
Treasury to pay to the Heavily Indebted Poor Countries (HIPC) Trust 
Fund administered by the International Bank for Reconstruction and 
Development amounts for the benefit of countries that are eligible for 
debt reduction pursuant to title V of H.R. 3425 as enacted into law by 
section 1000(a)(5) of Public Law 106-113: Provided further, That 
amounts paid to the HIPC Trust Fund may be used only to fund debt 
reduction under the enhanced HIPC initiative by--
            (1) the Inter-American Development Bank;
            (2) the African Development Fund;
            (3) the African Development Bank; and
            (4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for 
the benefit of any country if the Secretary of State has credible 
evidence that the government of such country is engaged in a consistent 
pattern of gross violations of internationally recognized human rights 
or in military or civil conflict that undermines its ability to develop 
and implement measures to alleviate poverty and to devote adequate 
human and financial resources to that end: Provided further, That on 
the basis of final appropriations, the Secretary of the Treasury shall 
consult with the Committees on Appropriations concerning which 
countries and international financial institutions are expected to 
benefit from a United States contribution to the HIPC Trust Fund during 
the fiscal year: Provided further, That the Secretary of the Treasury 
shall inform the Committees on Appropriations not less than 15 days in 
advance of the signature of an agreement by the United States to make 
payments to the HIPC Trust Fund of amounts for such countries and 
institutions: Provided further, That the Secretary of the Treasury may 
disburse funds designated for debt reduction through the HIPC Trust 
Fund only for the benefit of countries that--
            (1) have committed, for a period of 24 months, not to 
        accept new market-rate loans from the international financial 
        institution receiving debt repayment as a result of such 
        disbursement, other than loans made by such institutions to 
        export-oriented commercial projects that generate foreign 
        exchange which are generally referred to as ``enclave'' loans; 
        and
            (2) have documented and demonstrated their commitment to 
        redirect their budgetary resources from international debt 
        repayments to programs to alleviate poverty and promote 
        economic growth that are additional to or expand upon those 
        previously available for such purposes:
Provided further, That any limitation of subsection (e) of section 411 
of the Agricultural Trade Development and Assistance Act of 1954 shall 
not apply to funds appropriated under this heading: Provided further, 
That none of the funds made available under this heading in this or any 
other appropriations Act shall be made available for Sudan or Burma 
unless the Secretary of the Treasury determines and notifies the 
Committees on Appropriations that a democratically elected government 
has taken office.

               TITLE III--MILLENNIUM CHALLENGE ASSISTANCE

    Sec. 301. Short Title. This title may be cited as the ``Millennium 
Challenge Act of 2003''.
    Sec. 302. Findings and Purposes. (a) Findings.--Congress makes the 
following findings:
            (1) On March 14, 2002, President George W. Bush stated that 
        ``America supports the international development goals in the 
        U.N. Millennium Declaration, and believes that the goals are a 
        shared responsibility of developed and developing countries.'' 
        The President also called for a ``new compact for global 
        development, defined by new accountability for both rich and 
        poor nations'' and pledged support for increased assistance 
        from the United States through the establishment of a 
        Millennium Challenge Account for countries that govern justly, 
        invest in their own people, and encourage economic freedom.
            (2) The elimination of extreme poverty and the achievement 
        of the other international development goals of the United 
        Nations Millennium Declaration adopted by the United Nations 
        General Assembly on September 8, 2000, are important objectives 
        and it is appropriate for the United States to make development 
        assistance available in a manner that will assist in achieving 
        such goals.
            (3) The availability of financial assistance through a 
        Millennium Challenge Account, linked to performance by 
        developing countries, can contribute significantly to the 
        achievement of the international development goals of the 
        United Nations Millennium Declaration.
    (b) Purposes.--The purposes of this title are--
            (1) to provide United States assistance for global 
        development through the Millennium Challenge Corporation, as 
        described in section 305; and
            (2) to provide such assistance in a manner that promotes 
        economic growth and the elimination of extreme poverty and 
        strengthens good governance, economic freedom, and investments 
        in people.
    Sec. 303. Definitions. In this title:
            (1) Board.--The term ``Board'' means the Millennium 
        Challenge Board established by section 304(c).
            (2) Candidate country.--The term ``candidate country'' 
        means a country that meets the criteria set out in section 306.
            (3) CEO.--The term ``CEO'' means the chief executive 
        officer of the Corporation established by section 304(b).
            (4) Corporation.--The term ``Corporation'' means the 
        Millennium Challenge Corporation established by section 304(a).
            (5) Eligible country.--The term ``eligible country'' means 
        a candidate country that is determined, under section 307, as 
        being eligible to receive assistance under this title.
            (6) Millennium challenge account.--The term ``Millennium 
        Challenge Account'' means the account established under section 
        322.
    Sec. 304. Establishment and Management of the Millennium Challenge 
Corporation. (a) Establishment of the Corporation.--There is 
established in the executive branch a corporation within the meaning of 
section 103 of title 5, United States Code, to be known as the 
Millennium Challenge Corporation with the powers and authorities 
described in this title.
    (b) CEO of the Corporation.--
            (1) In general.--There shall be a chief executive officer 
        of the Corporation who shall be responsible for the management 
        of the Corporation.
            (2) Appointment.--The President shall appoint, by and with 
        the advice and consent of the Senate, the CEO.
            (3) Relationship to the secretary of state.--The CEO shall 
        report to and be under the direct authority and foreign policy 
        guidance of the Secretary of State. The Secretary of State 
        shall coordinate the provision of United States foreign 
        assistance.
            (4) Duties.--The CEO shall, in consultation with the Board, 
        direct the performance of all functions and the exercise of all 
        powers of the Corporation, including ensuring that assistance 
        under this title is coordinated with other United States 
        economic assistance programs.
            (5) Executive Level II.--Section 5313 of title 5, United 
        States Code, is amended by adding at the end the following:
            ``Chief Executive Officer, Millennium Challenge 
        Corporation.''.
    (c) Millennium Challenge Board.--
            (1) Establishment of the board.--There is established a 
        Millennium Challenge Board.
            (2) Composition.--The Board shall be composed of the 
        following members:
                    (A) The Secretary of State, who shall serve as the 
                Chair of the Board.
                    (B) The Secretary of the Treasury.
                    (C) The Administrator of the United States Agency 
                for International Development.
                    (D) The CEO.
                    (E) The United States Trade Representative.
            (2) Functions of the board.--The Board shall perform the 
        functions specified to be carried out by the Board in this 
        title.
    Sec. 305. Authorization for Millennium Challenge Assistance. (a) 
Authority.--The Corporation is authorized to provide assistance to an 
eligible entity consistent with the purposes of this title set out in 
section 302(b) to conduct programs or projects consistent with the 
objectives of a Millennium Challenge Contract. Assistance provided 
under this title may be provided notwithstanding any other provision of 
law, except that the Corporation is prohibited from providing 
assistance to any entity for any project which is likely to--
            (1) cause the substantial loss of United States jobs or the 
        displacement of United States production; or
            (2) pose an unreasonable or major environmental, health, or 
        safety hazard.
    (b) Exception.--Assistance under this title may not be used for 
military assistance or training.
    (c) Form of Assistance.--Assistance under this title may be 
provided in the form of grants to eligible entities.
    (d) Coordination.--The provision of assistance under this title 
shall be coordinated with other United States foreign assistance 
programs.
    (e) Applications.--An eligible entity seeking assistance under this 
title to conduct programs or projects consistent with the objectives of 
a Millennium Challenge Contract shall submit a proposal for the use of 
such assistance to the Board in such manner and accompanied by such 
information as the Board may reasonably require.
    Sec. 306. Candidate Country. (a) In General.--A country is a 
candidate country for the purposes of this title--
            (1) during fiscal year 2004, if such country is eligible to 
        receive loans from the International Development Association;
            (2) during fiscal year 2005, if the per capita income of 
        such country is less than the historical per capita income 
        cutoff of the International Development Association for that 
        year; and
            (3) during any fiscal year after 2005--
                    (A) for which more than $5,000,000,000 has been 
                appropriated to the Millennium Challenge Account, if 
                the country is classified as a lower middle income 
                country by the World Bank on the first day of such 
                fiscal year; or
                    (B) for which not more than $5,000,000,000 has been 
                appropriated to such Millennium Challenge Account, the 
                per capita income of such country is less than the 
                historical per capita income cutoff of the 
                International Development Association for that year.
    (b) Limitation on Assistance to Certain Candidate Countries.--In a 
fiscal year in which subparagraph (A) of subsection (a)(3) applies with 
respect to determining candidate countries, not more than 20 percent of 
the amounts appropriated to the Millennium Challenge Account shall be 
available for assistance to countries that would not be candidate 
countries if subparagraph (B) of subsection (a)(3) applied during such 
year.
    Sec. 307. Eligible Country. (a) Determination by the Board.--The 
Board shall determine whether a candidate country is an eligible 
country by evaluating the demonstrated commitment of the government of 
the candidate country to--
            (1) just and democratic governance, including a 
        demonstrated commitment to--
                    (A) promote political pluralism and the rule of 
                law;
                    (B) respect human and civil rights;
                    (C) protect private property rights;
                    (D) encourage transparency and accountability of 
                government; and
                    (E) limit corruption;
            (2) economic freedom, including a demonstrated commitment 
        to economic policies that--
                    (A) encourage citizens and firms to participate in 
                global trade and international capital markets;
                    (B) promote private sector growth and the 
                sustainable use of natural resources; and
                    (C) strengthen market forces in the economy; and
            (3) investments in the people of such country, including 
        improving the availability of educational opportunities and 
        health care for all citizens of such country.
    (b) Assessing Eligibility.--
            (1) In general.--To evaluate the demonstrated commitment of 
        a candidate country for the purposes of subsection (a), the CEO 
        shall recommend objective and quantifiable indicators, to be 
        approved by the Board, of a candidate country's performance 
        with respect to the criteria described in paragraphs (1), (2), 
        and (3) of such subsection. In recognition of the essential 
        role of women in developing countries, the CEO shall ensure 
        that such indicators, where appropriate, take into account and 
        assess the role of women and girls. The approved indicators 
        shall be used in selecting eligible countries.
            (2) Annual publication of indicators.--
                    (A) Initial publication.--Not later than 45 days 
                prior to the final publication of indicators under 
                subparagraph (B) in any year, the Board shall publish 
                in the Federal Register and make available on the 
                Internet the indicators that the Board proposes to use 
                for the purposes of paragraph (1) in such year.
                    (B) Final publication.--Not later than 15 days 
                prior to the selection of eligible countries in any 
                year, the Board shall publish in the Federal Register 
                and make available on the Internet the indicators that 
                are to be used for the purposes of paragraph (1) in 
                such year.
            (3) Consideration of public comment.--The Board shall 
        consider any comments on the proposed indicators published 
        under paragraph (2)(A) that are received within 30 days after 
        the publication of such indicators when selecting the 
        indicators to be used for the purposes of paragraph (1).
    Sec. 308. Eligible Entity. (a) Assistance.--Any eligible entity may 
receive assistance under this title to carry out a project in an 
eligible country for the purpose of making progress toward achieving an 
objective of a Millennium Challenge Contract.
    (b) Determinations of Eligibility.--The Board shall determine 
whether a person or governmental entity is an eligible entity for the 
purposes of this section.
    (c) Eligible Entities.--For the purposes of this section, an 
eligible entity is--
            (1) a government, including a local or regional government; 
        or
            (2) a nongovernmental organization or other private entity.
    Sec. 309. Millennium Challenge Contract. (a) In General.--The Board 
shall invite the government of an eligible country to enter into a 
Millennium Challenge Contract with the Corporation. A Millennium 
Challenge Contract shall establish a multiyear plan for the eligible 
country to achieve specific objectives consistent with the purposes set 
out in section 302(b).
    (b) Content.--A Millennium Challenge Contract shall include--
            (1) specific objectives to be achieved by the eligible 
        country during the term of the Contract;
            (2) a description of the actions to be taken by the 
        government of the eligible country and the United States 
        Government for achieving such objectives;
            (3) the role and contribution of private entities, 
        nongovernmental organizations, and other organizations in 
        achieving such objectives;
            (4) a description of beneficiaries, to the extent possible 
        disaggregated by gender;
            (5) regular benchmarks for measuring progress toward 
        achieving such objectives;
            (6) a schedule for achieving such objectives;
            (7) a schedule of evaluations to be performed to determine 
        whether the country is meeting its commitments under the 
        Contract;
            (8) a statement that the Corporation intends to consider 
        the eligible country's performance in achieving such objectives 
        in making decisions about providing continued assistance under 
        the Contract;
            (9) the strategy of the eligible country to sustain 
        progress made toward achieving such objectives after the 
        expiration of the Contract;
            (10) a plan to ensure financial accountability for any 
        assistance provided to a person or government in the eligible 
        country under this title; and
            (11) a statement that nothing in the Contract may be 
        construed to create a legally binding or enforceable obligation 
        on the United States Government or on the Corporation.
    (c) Requirement for Consultation.--The Corporation shall seek to 
ensure that the government of an eligible country consults with private 
entities and nongovernmental organizations in the eligible country for 
the purpose of ensuring that the terms of a Millennium Challenge 
Contract entered into by the Corporation and the eligible country--
            (1) reflect the needs of the rural and urban poor in the 
        eligible country; and
            (2) provide means to assist poor men and women in the 
        eligible country to escape poverty through their own efforts.
    (d) Requirement for Approval by the Board.--A Millennium Challenge 
Contract shall be approved by the Board before the Corporation enters 
into the Contract.
    Sec. 310. Suspension of Assistance to an Eligible Country. The 
Secretary of State shall direct the CEO to suspend the provision of 
assistance to an eligible country under a Millennium Challenge Contract 
during any period for which such eligible country is ineligible to 
receive assistance under a provision of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151 et seq.).
    Sec. 311. Disclosure. (a) Requirement for Disclosure.--The 
Corporation shall make available to the public on a continuous basis 
and on the earliest possible date, but not later than 15 days after the 
information is available to the Corporation, the following information:
            (1) A list of the candidate countries determined to be 
        eligible countries during any year.
            (2) The text of each Millennium Challenge Contract entered 
        into by the Corporation.
            (3) For assistance provided under this title--
                    (A) the name of each entity to which assistance is 
                provided;
                    (B) the amount of assistance provided to the 
                entity; and
                    (C) a description of the program or project for 
                which assistance was provided.
            (4) For each eligible country, an assessment of--
                    (A) the progress made during each year by an 
                eligible country toward achieving the objectives set 
                out in the Millennium Challenge Contract entered into 
                by the eligible country; and
                    (B) the extent to which assistance provided under 
                this title has been effective in helping the eligible 
                country to achieve such objectives.
    (b) Dissemination.--The information required to be disclosed under 
subsection (a) shall be made available to the public by means of 
publication in the Federal Register and posting on the Internet, as 
well as by any other methods that the Board determines appropriate.
    Sec. 312. Millennium Challenge Assistance to Candidate Countries. 
(a) Authority.--Notwithstanding any other provision of this title and 
subject to the limitation in subsection (c), the Corporation is 
authorized to provide assistance to a candidate country that meets the 
conditions in subsection (b) for the purpose of assisting such country 
to become an eligible country.
    (b) Conditions.--Assistance under subsection (a) may be provided to 
a candidate country that is not an eligible country under section 307 
because of--
            (1) the unreliability of data used to assess its 
        eligibility under section 307; or
            (2) the failure of the government of the candidate country 
        to perform adequately with respect to only 1 of the indicators 
        described in subsection (a) of section 307.
    (c) Limitation.--The total amount of assistance provided under 
subsection (a) in a fiscal year may not exceed 10 percent of the funds 
made available to the Millennium Challenge Account during such fiscal 
year.
    Sec. 313. Annual Report to Congress. Not later than January 31 of 
each year, the President shall submit to Congress a report on the 
assistance provided under this title during the prior fiscal year. The 
report shall include--
            (1) information regarding obligations and expenditures for 
        assistance provided to each eligible country in the prior 
        fiscal year;
            (2) a discussion, for each eligible country, of the 
        objectives of such assistance;
            (3) a description of the coordination of assistance under 
        this title with other United States foreign assistance and 
        related trade policies;
            (4) a description of the coordination of assistance under 
        this title with the contributions of other donors; and
            (5) any other information the President considers relevant 
        to assistance provided under this title.
    Sec. 314. Powers of the Corporation. (a) Powers.--The Corporation--
            (1) shall have perpetual succession unless dissolved by an 
        Act of Congress;
            (2) may adopt, alter, and use a seal, which shall be 
        judicially noticed;
            (3) may prescribe, amend, and repeal such rules, 
        regulations, and procedures as may be necessary for carrying 
        out the functions of the Corporation;
            (4) may make and perform such contracts, grants, and other 
        agreements with any person or government however designated and 
        wherever situated, as may be necessary for carrying out the 
        functions of the Corporation;
            (5) may determine and prescribe the manner in which its 
        obligations shall be incurred and its expenses allowed and 
        paid, including expenses for representation;
            (6) may lease, purchase, or otherwise acquire, improve, and 
        use such real property wherever situated, as may be necessary 
        for carrying out the functions of the Corporation;
            (7) may accept cash gifts or donations of services or of 
        property (real, personal, or mixed), tangible or intangible, 
        for the purpose of carrying out the provisions of this title;
            (8) may use the United States mails in the same manner and 
        on the same conditions as the executive departments of 
        Government;
            (9) may contract with individuals for personal services, 
        who shall not be considered Federal employees for any provision 
        of law administered by the Office of Personnel Management;
            (10) may hire or obtain passenger motor vehicles; and
            (11) shall have such other powers as may be necessary and 
        incident to carrying out this title.
    (b) Contracting Authority.--The functions and powers authorized by 
this title may be performed without regard to any provision of law 
regulating the making, performance, amendment, or modification of 
contracts, grants, and other agreements.
    Sec. 315. Coordination with USAID. (a) Requirement for 
Coordination.--An employee of the Corporation assigned to a United 
States diplomatic mission or consular post or a United States Agency 
for International Development field mission in a foreign country shall, 
in a manner that is consistent with the authority of the Chief of 
Mission, coordinate the performance of the functions of the Corporation 
in such country with the officer in charge of the United States Agency 
of International Development programs located in such country.
    (b) USAID Programs.--The Administrator of the United States Agency 
for International Development shall seek to ensure that appropriate 
programs of the Agency play a primary role in preparing candidate 
countries to become eligible countries under section 307.
    Sec. 316. Principal Office. The Corporation shall maintain its 
principal office in the metropolitan area of Washington, District of 
Columbia.
    Sec. 317. Personnel Authorities. (a) Requirement To Prescribe a 
Human Resources Management System.--The CEO shall, jointly with the 
Director of the Office of Personnel Management, prescribe regulations 
that establish a human resources management system, including a 
retirement benefits program, for the Corporation.
    (b) Relationship to Other Laws.--
            (1) Inapplicability of certain laws.--Except as provided in 
        paragraph (2), the provisions of title 5, United States Code, 
        and of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) 
        shall not apply to the human resource management program 
        established pursuant to paragraph (1).
            (2) Application of certain laws.--The human resources 
        management system established pursuant to subsection (a) may 
        not waive, modify, or otherwise affect the application to 
        employees of the Corporation of the following provisions:
                    (A) Section 2301 of title 5, United States Code.
                    (B) Section 2302(b) of such title.
                    (C) Chapter 63 of such title (relating to leave).
                    (D) Chapter 72 of such title (relating to 
                antidiscrimination).
                    (E) Chapter 73 of such title (relating to 
                suitability, security, and conduct).
                    (F) Chapter 81 of such title (relating to 
                compensation for work injuries).
                    (G) Chapter 85 of such title (relating to 
                unemployment compensation).
                    (H) Chapter 87 of such title (relating to life 
                insurance).
                    (I) Chapter 89 of such title (relating to health 
                insurance).
                    (J) Chapter 90 of such title (relating to long-term 
                care insurance).
            (3) Relationship to retirement benefits laws.--The 
        retirement benefits program referred to in subsection (a) shall 
        permit the employees of the Corporation to be eligible, unless 
        the CEO determines otherwise, for benefits under--
                    (A) subchapter III of chapter 83 and chapter 84 of 
                title 5, United States Code (relating to retirement 
                benefits); or
                    (B) chapter 8 of title I of the Foreign Service Act 
                of 1980 (22 U.S.C. 4041 et seq.) (relating to the 
                Foreign Service Retirement and Disability System).
    (c) Appointment and Termination.--Except as otherwise provided in 
this section, the CEO may, without regard to any civil service or 
Foreign Service law or regulation, appoint and terminate employees as 
may be necessary to enable the Corporation to perform its duties.
    (d) Compensation.--
            (1) Authority to fix compensation.--Subject to the 
        provisions of paragraph (2), the CEO may fix the compensation 
        of employees of the Corporation.
            (2) Limitations on compensation.--The compensation for an 
        employee of the Corporation may not exceed the lesser of--
                    (A) the rate of compensation established under 
                title 5, United States Code, or any Foreign Service law 
                for an employee of the Federal Government who holds a 
                position that is comparable to the position held by the 
                employee of the Corporation; or
                    (B) the rate of pay prescribed for level IV of the 
                Executive Schedule under section 5315 of title 5, 
                United States Code.
    (e) Term of Employment.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), no individual may be employed by the Corporation for a 
        total period of employment that exceeds 5 years.
            (2) Excepted positions.--The CEO, and not more than 3 other 
        employees of the Corporation who are designated by the CEO, may 
        be employed by the Corporation for an unlimited period of 
        employment.
            (3) Waiver.--The CEO may waive the maximum term of 
        employment described in paragraph (1) if the CEO determines 
        that such waiver is essential to the achievement of the 
        purposes of this title.
    (f) Authority for Temporary Employees.--The CEO may procure 
temporary and intermittent services under section 3109(b) of title 5, 
United States Code, at rates for individuals which do not exceed the 
daily equivalent of the annual rate of basic pay prescribed for level V 
of the Executive Schedule under section 5316 of such title.
    (g) Detail of Federal Employees to the Corporation.--Any Federal 
Government employee may be detailed to the Corporation on a fully or 
partially reimbursable or on a nonreimbursable basis, and such detail 
shall be without interruption or loss of civil service or Foreign 
Service status or privilege.
    (h) Reinstatement.--An employee of the Federal Government serving 
under a career or career conditional appointment, or the equivalent, in 
a Federal agency who transfers to or converts to an appointment in the 
Corporation with the consent of the head of the agency is entitled to 
be returned to the employee's former position or a position of like 
seniority, status, and pay without grade or pay reduction in the agency 
if the employee--
            (1) is being separated from the Corporation for reasons 
        other than misconduct, neglect of duty, or malfeasance; and
            (2) applies for return to the agency not later than 30 days 
        before the date of the termination of the employment in the 
        Corporation.
    Sec. 318. Personnel Outside the United States. (a) Assignment to 
United States Embassies.--An employee of the Corporation, including an 
individual detailed to or contracted by the Corporation, may be 
assigned to a United States diplomatic mission or consular post or a 
United States Agency for International Development field mission.
    (b) Privileges and Immunities.--The Secretary of State shall seek 
to ensure that an employee of the Corporation, including an individual 
detailed to or contracted by the Corporation, and the members of the 
family of such employee, while the employee is performing duties in any 
country or place outside the United States, enjoy the privileges and 
immunities that are enjoyed by a member of the Foreign Service, or the 
family of a member of the Foreign Service, as appropriate, of 
comparable rank and salary of such employee, if such employee or a 
member of the family of such employee is not a national of or 
permanently resident in such country or place.
    (c) Responsibility of Chief of Mission.--An employee of the 
Corporation, including an individual detailed to or contracted by the 
Corporation, and a member of the family of such employee, shall be 
subject to section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
3927) in the same manner as United States Government employees while 
the employee is performing duties in any country or place outside the 
United States if such employee or member of the family of such employee 
is not a national of or permanently resident in such country or place.
    Sec. 319. Use of Services of Other Agencies. The Corporation may 
utilize the information services, facilities and personnel of, or 
procure commodities from, any agency of the United States Government on 
a fully or partially reimbursable or nonreimbursable basis under such 
terms and conditions as may be agreed to by the head of such agency and 
the Corporation for carrying out this title.
    Sec. 320. Administrative Authorities. The Corporation is authorized 
to use any of the administrative authorities contained in the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) and 
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) unless such 
authority is inconsistent with a provision of this title.
    Sec. 321. Applicability of Chapter 91 of Title 31, United States 
Code. The Corporation shall be subject to chapter 91 of title 31, 
United States Code.
    Sec. 322. Establishment of the Millennium Challenge Account. There 
is established on the books of the Treasury an account to be known as 
the Millennium Challenge Account that shall be administered by the CEO 
under the direction of the Board. All amounts made available to carry 
out the provisions of this title shall be deposited into such Account 
and such amounts shall be available to carry out such provisions.
    Sec. 323. Authorization of Appropriations. (a) In General.--There 
are authorized to be appropriated to carry out the provisions of this 
title $1,000,000,000 for fiscal year 2004, $2,300,000,000 for fiscal 
year 2005, and $5,000,000,000 for fiscal year 2006.
    (b) Availability.--Funds appropriated under subsection (a)--
            (1) are authorized to remain available until expended, 
        subject to appropriations acts; and
            (2) are in addition to funds otherwise available for such 
        purposes.
    (c) Allocation of Funds.--
            (1) In general.--The Corporation may allocate or transfer 
        to any agency of the United States Government any of the funds 
        available for carrying out this title. Such funds shall be 
        available for obligation and expenditure for the purposes for 
        which authorized, in accordance with authority granted in this 
        title or under authority governing the activities of the 
        agencies of the United States Government to which such funds 
        are allocated or transferred.
            (2) Notification.--The notification requirements of section 
        634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-
        1(a)) shall apply to any allocation or transfer of funds made 
        pursuant to paragraph (1).
    Sec. 324. Appropriations. (a) In General.--There is hereby 
appropriated $1,000,000,000 for fiscal year 2004, to remain available 
until expended, to carry out the provisions of this title to provide 
assistance for countries that have demonstrated commitment to--
            (1) just and democratic governance;
            (2) economic freedom; and
            (3) investing in the well-being of their own people.
    (b) Notification.--Funds appropriated under this title shall be 
available for obligation only pursuant to the regular notification 
procedures of the Committees on Appropriations.

                     TITLE IV--MILITARY ASSISTANCE

                  Funds Appropriated to the President

             international military education and training

    For necessary expenses to carry out the provisions of section 541 
of the Foreign Assistance Act of 1961, $91,700,000, of which up to 
$3,000,000 may remain available until expended: Provided, That the 
civilian personnel for whom military education and training may be 
provided under this heading may include civilians who are not members 
of a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for 
human rights: Provided further, That funds appropriated under this 
heading for military education and training for Guatemala may only be 
available for expanded international military education and training, 
and funds made available for Algeria, Cambodia, Nigeria and Guatemala 
may only be provided through the regular notification procedures of the 
Committees on Appropriations.

                   foreign military financing program

                     (including transfer of funds)

    For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$4,384,000,000: Provided, That of the funds appropriated under this 
heading, not less than $2,160,000,000 shall be available for grants 
only for Israel, and not less than $1,300,000,000 shall be made 
available for grants only for Egypt: Provided further, That the funds 
appropriated by this paragraph for Israel shall be disbursed within 30 
days of the enactment of this Act: Provided further, That to the extent 
that the Government of Israel requests that funds be used for such 
purposes, grants made available for Israel by this paragraph shall, as 
agreed by Israel and the United States, be available for advanced 
weapons systems, of which not less than $568,000,000 shall be available 
for the procurement in Israel of defense articles and defense services, 
including research and development: Provided further, That of the funds 
appropriated by this paragraph, $206,000,000 shall be made available 
for assistance for Jordan: Provided further, That of the funds 
appropriated by this paragraph, $27,000,000 shall be made available for 
assistance for Poland: Provided further, That of the funds appropriated 
by this paragraph, $2,500,000 shall be made available for assistance 
for Armenia: Provided further, That of the funds appropriated by this 
paragraph, $15,000,000 shall be transferred to and merged with funds 
appropriated under the heading ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'', and made available, in addition to 
amounts otherwise available for such purposes, as follows: $10,000,000, 
to remain available until expended, shall be made available to carry 
out the provisions of section 504 of the FREEDOM Support Act for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament; $2,000,000 shall be made 
available to carry out the provisions of chapter 8 of part II of the 
Foreign Assistance Act of 1961 for the Small Arms/Light Weapons 
Destruction program; and $3,000,000 shall be made available as an 
additional contribution to the International Atomic Energy Agency: 
Provided further, That of the funds appropriated by this paragraph, not 
less than $17,000,000 shall be transferred to and merged with funds 
appropriated under the heading ``Andean Counterdrug Initiative'' and 
made available for aircraft and related assistance for the Colombian 
National Police: Provided further, That funds appropriated by this 
paragraph shall be nonrepayable notwithstanding any requirement in 
section 23 of the Arms Export Control Act: Provided further, That funds 
made available under this paragraph shall be obligated upon 
apportionment in accordance with paragraph (5)(C) of title 31, United 
States Code, section 1501(a).
    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: 
Provided, That all country and funding level increases in allocations 
shall be submitted through the regular notification procedures of 
section 615 of this Act: Provided further, That none of the funds 
appropriated under this heading shall be available for assistance for 
Sudan, Guatemala and Liberia: Provided further, That funds made 
available under this heading may be used, notwithstanding any other 
provision of law, for demining, the clearance of unexploded ordnance, 
and related activities, and may include activities implemented through 
nongovernmental and international organizations: Provided further, That 
the authority contained in the previous proviso or any other provision 
of law relating to the use of funds for programs under this heading, 
including provisions contained in previously enacted appropriations 
Acts, shall not apply to activities relating to the clearance of 
unexploded ordnance resulting from United States Armed Forces testing 
or training exercises: Provided further, That the previous proviso 
shall not apply to San Jose Island, Republic of Panama: Provided 
further, That only those countries for which assistance was justified 
for the ``Foreign Military Sales Financing Program'' in the fiscal year 
1989 congressional presentation for security assistance programs may 
utilize funds made available under this heading for procurement of 
defense articles, defense services or design and construction services 
that are not sold by the United States Government under the Arms Export 
Control Act: Provided further, That funds appropriated under this 
heading shall be expended at the minimum rate necessary to make timely 
payment for defense articles and services: Provided further, That not 
more than $40,500,000 of the funds appropriated under this heading may 
be obligated for necessary expenses, including the purchase of 
passenger motor vehicles for replacement only for use outside of the 
United States, for the general costs of administering military 
assistance and sales: Provided further, That not more than $361,000,000 
of funds realized pursuant to section 21(e)(1)(A) of the Arms Export 
Control Act may be obligated for expenses incurred by the Department of 
Defense during fiscal year 2004 pursuant to section 43(b) of the Arms 
Export Control Act, except that this limitation may be exceeded only 
through the regular notification procedures of the Committees on 
Appropriations: Provided further, That foreign military financing 
program funds estimated to be outlayed for Egypt during fiscal year 
2004 shall be transferred to an interest bearing account for Egypt in 
the Federal Reserve Bank of New York within 30 days of enactment of 
this Act.

                        peacekeeping operations

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

               TITLE V--MULTILATERAL ECONOMIC ASSISTANCE

                  funds appropriated to the president

                  international financial institutions

                      global environment facility

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

       contribution to the international development association

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

      contribution to the multilateral investment guarantee agency

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

              limitation on callable capital subscriptions

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

       contribution to the inter-american investment corporation

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

contribution to the enterprise for the americas multilateral investment 
                                  fund

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

               contribution to the asian development fund

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

              contribution to the african development bank

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

              limitation on callable capital subscriptions

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

              contribution to the african development fund

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

  contribution to the european bank for reconstruction and development

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

              limitation on callable capital subscriptions

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

  contribution to the international fund for agricultural development

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

                international organizations and programs

    For necessary expenses to carry out the provisions of section 301 
of the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $322,550,000: 
Provided, That of the funds appropriated under this heading, 
$120,000,000 shall be made available for a contribution to the United 
Nations Children's Fund, $11,428,500 shall be made available for a 
contribution to the United Nations Environment Program, $5,465,875 
shall be made available for the United Nations Voluntary Fund for 
Victims of Torture, $3,621,250 shall be made available for the 
Organization of American States Fund for Strengthening Democracy, 
$1,937,975 shall be made available for International Contributions for 
Scientific, Educational and Cultural Activities, $1,000,000 shall be 
made available for the United Nations Center for Human Settlements, 
$1,500,000 shall be made available for the United Nations Fund for 
Human Rights, $6,732,750 shall be made available for International 
Conservation Programs, and $5,600,000 shall be made available for the 
Intergovernmental Panel on Climate Change/United Nations Framework 
Convention on Climate Change: Provided further, That none of the funds 
appropriated under this heading may be made available to the 
International Atomic Energy Agency (IAEA).

                      TITLE VI--GENERAL PROVISIONS

             obligations during last month of availability

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

                  private and voluntary organizations

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

                    limitation on residence expenses

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

                         limitation on expenses

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

               limitation on representational allowances

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

                 prohibition on financing nuclear goods

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

        prohibition against direct funding for certain countries

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

                             military coups

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

                               transfers

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

                  deobligation/reobligation authority

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

                         availability of funds

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

            limitation on assistance to countries in default

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

                           commerce and trade

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

                          surplus commodities

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

                       notification requirements

    Sec. 615. For the purposes of providing the executive branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for ``Child Survival and Health Programs 
Fund'', ``Development Assistance'', ``International Organizations and 
Programs'', ``Trade and Development Agency'', ``International Narcotics 
Control and Law Enforcement'', ``Andean Counterdrug 
Initiative'',``Assistance for Eastern Europe and the Baltic States'', 
``Assistance for the Independent States of the Former Soviet Union'', 
``Economic Support Fund'', ``Peacekeeping Operations'', ``Capital 
Investment Fund'', ``Operating Expenses of the United States Agency for 
International Development'', ``Operating Expenses of the United States 
Agency for International Development Office of Inspector General'', 
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', 
``Foreign Military Financing Program'', ``International Military 
Education and Training'', ``Peace Corps'', and ``Migration and Refugee 
Assistance'', shall be available for obligation for activities, 
programs, projects, type of materiel assistance, countries, or other 
operations not justified or in excess of the amount justified to the 
Committees on Appropriations for obligation under any of these specific 
headings unless the Committees on Appropriations of both Houses of 
Congress are previously notified 15 days in advance: Provided, That the 
President shall not enter into any commitment of funds appropriated for 
the purposes of section 23 of the Arms Export Control Act for the 
provision of major defense equipment, other than conventional 
ammunition, or other major defense items defined to be aircraft, ships, 
missiles, or combat vehicles, not previously justified to Congress or 
20 percent in excess of the quantities justified to Congress unless the 
Committees on Appropriations are notified 15 days in advance of such 
commitment: Provided further, That this section shall not apply to any 
reprogramming for an activity, program, or project under chapter 1 of 
part I of the Foreign Assistance Act of 1961 of less than 10 percent of 
the amount previously justified to the Congress for obligation for such 
activity, program, or project for the current fiscal year: Provided 
further, That the requirements of this section or any similar provision 
of this Act or any other Act, including any prior Act requiring 
notification in accordance with the regular notification procedures of 
the Committees on Appropriations, may be waived if failure to do so 
would pose a substantial risk to human health or welfare: Provided 
further, That in case of any such waiver, notification to the Congress, 
or the appropriate congressional committees, shall be provided as early 
as practicable, but in no event later than 3 days after taking the 
action to which such notification requirement was applicable, in the 
context of the circumstances necessitating such waiver: Provided 
further, That any notification provided pursuant to such a waiver shall 
contain an explanation of the emergency circumstances.

limitation on availability of funds for international organizations and 
                                programs

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

             independent states of the former soviet union

    Sec. 617. (a) None of the funds appropriated under the heading 
``Assistance for the Independent States of the Former Soviet Union'' 
shall be made available for assistance for a government of an 
Independent State of the former Soviet Union--
            (1) unless that government is making progress in 
        implementing comprehensive economic reforms based on market 
        principles, private ownership, respect for commercial 
        contracts, and equitable treatment of foreign private 
        investment; and
            (2) if that government applies or transfers United States 
        assistance to any entity for the purpose of expropriating or 
        seizing ownership or control of assets, investments, or 
        ventures.
Assistance may be furnished without regard to this subsection if the 
President determines that to do so is in the national interest.
    (b) None of the funds appropriated under the heading ``Assistance 
for the Independent States of the Former Soviet Union'' shall be made 
available for assistance for a government of an Independent State of 
the former Soviet Union if that government directs any action in 
violation of the territorial integrity or national sovereignty of any 
other Independent State of the former Soviet Union, such as those 
violations included in the Helsinki Final Act: Provided, That such 
funds may be made available without regard to the restriction in this 
subsection if the President determines that to do so is in the national 
security interest of the United States.
    (c) None of the funds appropriated under the heading ``Assistance 
for the Independent States of the Former Soviet Union'' shall be made 
available for any state to enhance its military capability: Provided, 
That this restriction does not apply to demilitarization, demining or 
nonproliferation programs.
    (d) Funds appropriated under the heading ``Assistance for the 
Independent States of the Former Soviet Union'' for the Russian 
Federation, Armenia, Georgia, and Ukraine shall be subject to the 
regular notification procedures of the Committees on Appropriations.
    (e) Funds made available in this Act for assistance for the 
Independent States of the former Soviet Union shall be subject to the 
provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961.
    (f) Funds appropriated in this or prior appropriations Acts that 
are or have been made available for an Enterprise Fund in the 
Independent States of the Former Soviet Union may be deposited by such 
Fund in interest-bearing accounts prior to the disbursement of such 
funds by the Fund for program purposes. The Fund may retain for such 
program purposes any interest earned on such deposits without returning 
such interest to the Treasury of the United States and without further 
appropriation by the Congress. Funds made available for Enterprise 
Funds shall be expended at the minimum rate necessary to make timely 
payment for projects and activities.
    (g) In issuing new task orders, entering into contracts, or making 
grants, with funds appropriated in this Act or prior appropriations 
Acts under the heading ``Assistance for the Independent States of the 
Former Soviet Union'' and under comparable headings in prior 
appropriations Acts, for projects or activities that have as one of 
their primary purposes the fostering of private sector development, the 
Coordinator for United States Assistance to the New Independent States 
and the implementing agency shall encourage the participation of and 
give significant weight to contractors and grantees who propose 
investing a significant amount of their own resources (including 
volunteer services and in-kind contributions) in such projects and 
activities.

   prohibition on funding for abortions and involuntary sterilization

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

                 export financing transfer authorities

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

                   special notification requirements

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

              definition of program, project, and activity

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

                  child survival and health activities

    Sec. 622. Up to $15,500,000 of the funds made available by this Act 
for assistance under the heading ``Child Survival and Health Programs 
Fund'', may be used to reimburse United States Government agencies, 
agencies of State governments, institutions of higher learning, and 
private and voluntary organizations for the full cost of individuals 
(including for the personal services of such individuals) detailed or 
assigned to, or contracted by, as the case may be, the United States 
Agency for International Development for the purpose of carrying out 
activities under that heading: Provided, That up to $3,500,000 of the 
funds made available by this Act for assistance under the heading 
``Development Assistance'' may be used to reimburse such agencies, 
institutions, and organizations for such costs of such individuals 
carrying out other development assistance activities: Provided further, 
That funds appropriated by this Act that are made available for child 
survival activities or disease programs including activities relating 
to research on, and the prevention, treatment and control of, HIV/AIDS 
may be made available notwithstanding any other provision of law except 
for the United States Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.) as amended 
by section 699J of this Act: Provided further, That funds appropriated 
under title II of this Act may be made available pursuant to section 
301 of the Foreign Assistance Act of 1961 if a primary purpose of the 
assistance is for child survival and related programs: Provided 
further, That of the funds appropriated under title II of this Act, not 
less than $445,000,000 shall be made available for family planning/
reproductive health.

                              afghanistan

    Sec. 623. Of the funds appropriated by this Act, $600,000,000 shall 
be made available for assistance for Afghanistan, of which not less 
than $395,000,000 shall be made available for humanitarian, 
reconstruction, and related assistance: Provided, That of the funds 
made available pursuant to this section, not less than $164,000,000 
should be from funds appropriated under the heading ``Economic Support 
Fund'' for rehabilitation of primary roads, implementation of the Bonn 
Agreement and women's development programs: Provided further, That of 
the funds made available pursuant to this section, not less than 
$5,000,000 shall be made available for a reforestation program in 
Afghanistan which should utilize, as appropriate, the technical 
expertise of American universities: Provided further, That funds made 
available pursuant to the previous proviso should be matched, to the 
maximum extent possible, with contributions from American and Afghan 
businesses: Provided further, That of the funds made available pursuant 
to this section, not less than $4,500,000 shall be made available for 
the Afghan Independent Human Rights Commission and not less than 
$2,500,000 shall be made available for the Afghan Judicial Reform 
Commission: Provided further, That of the funds made available pursuant 
to this section, not less than $25,000,000 shall be made available to 
support activities of the Afghan Ministry of Women's Affairs, including 
to improve the capacity and effectiveness of the Ministry, and to 
support programs aimed at addressing the needs of Afghan women in 
consultation with other Afghan ministries: Provided further, That funds 
made available pursuant to this section shall be made available for 
training and equipment to improve the capacity of women-led Afghan 
nongovernmental organizations and to support the activities of such 
organizations: Provided further, That not less than $2,500,000 shall be 
made available for assistance for Afghan communities and families that 
suffer losses as a result of the military operations.

                notification on excess defense equipment

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

                       authorization requirement

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

                           democracy programs

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

       prohibition on bilateral assistance to terrorist countries

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

                          debt-for-development

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

                           separate accounts

    Sec. 629. (a) Separate Accounts for Local Currencies.--(1) If 
assistance is furnished to the government of a foreign country under 
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign 
Assistance Act of 1961 under agreements which result in the generation 
of local currencies of that country, the Administrator of the United 
States Agency for International Development shall--
            (A) require that local currencies be deposited in a 
        separate account established by that government;
            (B) enter into an agreement with that government which sets 
        forth--
                    (i) the amount of the local currencies to be 
                generated; and
                    (ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent 
                with this section; and
            (C) establish by agreement with that government the 
        responsibilities of the United States Agency for International 
        Development and that government to monitor and account for 
        deposits into and disbursements from the separate account.
    (2) Uses of local currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local 
currencies, shall be used only--
            (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                    (i) project and sector assistance activities; or
                    (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United 
        States Government.
    (3) Programming accountability.--The United States Agency for 
International Development shall take all necessary steps to ensure that 
the equivalent of the local currencies disbursed pursuant to subsection 
(a)(2)(A) from the separate account established pursuant to subsection 
(a)(1) are used for the purposes agreed upon pursuant to subsection 
(a)(2).
    (4) Termination of assistance programs.--Upon termination of 
assistance to a country under chapter 1 or 10 of part I or chapter 4 of 
part II (as the case may be), any unencumbered balances of funds which 
remain in a separate account established pursuant to subsection (a) 
shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government.
    (5) Reporting requirement.--The Administrator of the United States 
Agency for International Development shall report on an annual basis as 
part of the justification documents submitted to the Committees on 
Appropriations on the use of local currencies for the administrative 
requirements of the United States Government as authorized in 
subsection (a)(2)(B), and such report shall include the amount of local 
currency (and United States dollar equivalent) used and/or to be used 
for such purpose in each applicable country.
    (b) Separate Accounts for Cash Transfers.--(1) If assistance is 
made available to the government of a foreign country, under chapter 1 
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act 
of 1961, as cash transfer assistance or as nonproject sector 
assistance, that country shall be required to maintain such funds in a 
separate account and not commingle them with any other funds.
    (2) Applicability of other provisions of law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the 
Committee of Conference accompanying House Joint Resolution 648 (House 
Report No. 98-1159).
    (3) Notification.--At least 15 days prior to obligating any such 
cash transfer or nonproject sector assistance, the President shall 
submit a notification through the regular notification procedures of 
the Committees on Appropriations, which shall include a detailed 
description of how the funds proposed to be made available will be 
used, with a discussion of the United States interests that will be 
served by the assistance (including, as appropriate, a description of 
the economic policy reforms that will be promoted by such assistance).
    (4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the 
notification procedures of the Committees on Appropriations.

  compensation for united states executive directors to international 
                         financial institutions

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

    discrimination against minority religious faiths in the russian 
                               federation

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

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

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

                  impact on jobs in the united states

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

                          special authorities

    Sec. 634. (a) Afghanistan, Pakistan, Lebanon, Montenegro, Victims 
of War, Displaced Children, and Displaced Burmese.--Funds appropriated 
by this Act that are made available for assistance for Afghanistan may 
be made available notwithstanding section 612 of this Act or any 
similar provision of law and section 660 of the Foreign Assistance Act 
of 1961, and funds appropriated in titles I and II of this Act that are 
made available for Lebanon, Montenegro, Pakistan, and for victims of 
war, displaced children, and displaced Burmese, and to assist victims 
of trafficking in persons and, subject to the regular notification 
procedures of the Committees on Appropriations, to combat such 
trafficking, may be made available notwithstanding any other provision 
of law.
    (b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections 
103 through 106, and chapter 4 of part II, of the Foreign Assistance 
Act of 1961 may be used, notwithstanding any other provision of law, 
for the purpose of supporting tropical forestry and biodiversity 
conservation activities and energy programs aimed at reducing 
greenhouse gas emissions: Provided, That such assistance shall be 
subject to sections 116, 502B, and 620A of the Foreign Assistance Act 
of 1961.
    (c) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by the United 
States Agency for International Development to employ up to 25 personal 
services contractors in the United States, notwithstanding any other 
provision of law, for the purpose of providing direct, interim support 
for new or expanded overseas programs and activities managed by the 
agency until permanent direct hire personnel are hired and trained: 
Provided, That not more than 10 of such contractors shall be assigned 
to any bureau or office: Provided further, That such funds appropriated 
to carry out title II of the Agricultural Trade Development and 
Assistance Act of 1954, may be made available only for personal 
services contractors assigned to the Office of Food for Peace.
    (d)(1) Waiver.--The President may waive the provisions of section 
1003 of Public Law 100-204 if the President determines and certifies in 
writing to the Speaker of the House of Representatives and the 
President pro tempore of the Senate that it is important to the 
national security interests of the United States.
    (2) Period of application of waiver.--Any waiver pursuant to 
paragraph (1) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (e) Contingencies.--During fiscal year 2004, the President may use 
up to $50,000,000 under the authority of section 451 of the Foreign 
Assistance Act, notwithstanding the funding ceiling in section 451(a).
    (f) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development may provide an exception to 
the fair opportunity process for placing task orders under such 
contracts when the order is placed with any category of small or small 
disadvantaged business.
    (g) Shipment of Humanitarian Assistance.--During fiscal year 2004, 
of the amounts made available by the United States Agency for 
International Development to carry out the provisions of section 123(b) 
of the Foreign Assistance Act of 1961, funds may be made available to 
nongovernmental organizations for administrative costs necessary to 
implement a program to obtain available donated space on commercial 
ships for the shipment of humanitarian assistance overseas.
    (h) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (i) World Food Program.--Of the funds managed by the Bureau for 
Democracy, Conflict, and Humanitarian Assistance of the United States 
Agency for International Development, from this or any other Act, not 
less than $6,000,000 shall be made available as a general contribution 
to the World Food Program, notwithstanding any other provision of law.
    (j) Waiver.--The prohibition in section 694 of this Act may be 
waived on a country by country basis if the President determines that 
doing so is in the national security interest of the United States: 
Provided, That prior to exercising such waiver authority, the President 
shall submit a report to the Committees on Appropriations describing:
            (1) the steps the Administration is taking to obtain the 
        cooperation of the government in surrendering the indictee in 
        question to the Special Court for Sierra Leone (SCSL) or the 
        International Criminal Tribunal for Rwanda (ICTR);
            (2) a strategy for bringing the indictee before ICTR or 
        SCSL; and
            (3) the justification for exercising the waiver authority.

                     arab league boycott of israel

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

                  administration of justice activities

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

                       eligibility for assistance

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

                                earmarks

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

                         ceilings and earmarks

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

                 prohibition on publicity or propaganda

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

           prohibition of payments to united nations members

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

              nongovernmental organizations--documentation

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

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

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

 withholding of assistance for parking fines owed by foreign countries

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

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

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

                     war crimes tribunals drawdown

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

                               landmines

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

           restrictions concerning the palestinian authority

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

               prohibition of payment of certain expenses

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

                                 tibet

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

                                 haiti

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

         limitation on assistance to the palestinian authority

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

              limitation on assistance to security forces

    Sec. 653. None of the funds made available by this Act may be 
provided to any unit of the security forces of a foreign country if the 
Secretary of State has credible evidence that such unit has committed 
gross violations of human rights, unless the Secretary determines and 
reports to the Committees on Appropriations that the government of such 
country is taking effective measures to bring the responsible members 
of the security forces unit to justice: Provided, That nothing in this 
section shall be construed to withhold funds made available by this Act 
from any unit of the security forces of a foreign country not credibly 
alleged to be involved in gross violations of human rights: Provided 
further, That in the event that funds are withheld from any unit 
pursuant to this section, the Secretary of State shall promptly inform 
the foreign government of the basis for such action and shall, to the 
maximum extent practicable, assist the foreign government in taking 
effective measures to bring the responsible members of the security 
forces to justice.

                          environment programs

    Sec. 654. (a) Funding.--Of the funds appropriated by this Act, not 
less than $485,000,000 shall be made available for environment 
programs: Provided, That of the funds appropriated under the heading 
``Development Assistance'', not less than $165,000,000 shall be made 
available for programs and activities which directly protect 
biodiversity, including forests, in developing countries: Provided 
further, That of the funds made available under the previous proviso, 
$1,500,000 shall be made available to improve the capacity of 
indigenous groups and local environmental organizations and law 
enforcement agencies to protect the biodiversity of indigenous reserves 
in the Amazon Basin region of Brazil, which amount shall be in addition 
to the amount requested in this Act for assistance for Brazil for 
fiscal year 2004: Provided further, That not later than one year after 
enactment of this Act, the Secretary of State, in coordination with the 
Administrator of the United States Agency for International Development 
and other appropriate departments and agencies, and after consultation 
with appropriate governments and nongovernmental organizations, shall 
submit to the Committees on Appropriations a strategy for biodiversity 
conservation in the Amazon Basin region of South America: Provided 
further, That of the funds appropriated under the headings 
``Development Assistance'' and ``Andean Counterdrug Initiative'', not 
less than $5,000,000 shall be made available in fiscal year 2004 to 
develop the strategy described in the previous proviso: Provided 
further, That funds appropriated by this Act under the heading ``Child 
Survival and Health Programs Fund'' should be used to fund child 
survival, health, and family planning activities of integrated 
population-health-environment programs, including in areas where 
biodiversity and endangered species are threatened, and funds 
appropriated by this Act under the heading ``Development Assistance'' 
should be used to fund environment, conservation, natural resource 
management, and sustainable agriculture activities of such integrated 
programs: Provided further, That of the funds appropriated by this Act, 
not less than $185,000,000 shall be made available to support policies 
and programs in developing countries and countries in transition that 
directly (1) promote a wide range of energy conservation, energy 
efficiency and clean energy programs and activities, including the 
transfer of clean and environmentally sustainable energy technologies; 
(2) measure, monitor, and reduce greenhouse gas emissions; (3) increase 
carbon sequestration activities; and (4) enhance climate change 
mitigation and adaptation programs.
    (b) Climate Change Report.--Not later than 45 days after the date 
on which the President's fiscal year 2005 budget request is submitted 
to Congress, the President shall submit a report to the Committees on 
Appropriations describing in detail the following--
            (1) all Federal agency obligations and expenditures, 
        domestic and international, for climate change programs and 
        activities in fiscal year 2004, including an accounting of 
        expenditures by agency with each agency identifying climate 
        change activities and associated costs by line item as 
        presented in the President's Budget Appendix; and
            (2) all fiscal year 2003 obligations and estimated 
        expenditures, fiscal year 2004 estimated expenditures and 
        estimated obligations, and fiscal year 2005 requested funds by 
        the United States Agency for International Development, by 
        country and central program, for each of the following: (i) to 
        promote the transfer and deployment of a wide range of United 
        States clean energy and energy efficiency technologies; (ii) to 
        assist in the measurement, monitoring, reporting, verification, 
        and reduction of greenhouse gas emissions; (iii) to promote 
        carbon capture and sequestration measures; (iv) to help meet 
        such countries' responsibilities under the Framework Convention 
        on Climate Change; and (v) to develop assessments of the 
        vulnerability to impacts of climate change and mitigation and 
        adaptation response strategies.

            regional programs for east asia and the pacific

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

                                zimbabwe

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

                                nigeria

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

                                 burma

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

                      enterprise fund restrictions

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

                                cambodia

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

                    foreign military training report

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

               enterprise funds in the middle east region

    Sec. 662. (a) Funds appropriated by this Act under the heading 
``Economic Support Fund'' may be made available, notwithstanding any 
other provision of law, to establish and operate one or more enterprise 
funds in the Middle East region for the purpose of supporting the 
private sectors in that region: Provided, That provisions contained in 
section 201 of the Support for East European Democracy (SEED) Act of 
1989 (excluding the authorizations of appropriations provided in 
subsection (b) of that section) shall apply with respect to such 
enterprise funds: Provided further, That prior to obligating any funds 
for purposes other than the administrative support of any such 
enterprise fund, and every six months after the establishment of such 
fund, the President shall certify and report to the Committees on 
Appropriations that--
            (1) the enterprise fund has taken all appropriate steps to 
        ensure that amounts appropriated by this Act that are provided 
        to the fund for the purpose of assisting the development of the 
        private sector are not provided to or through any individual or 
        entity that the management of the fund knows or has reason to 
        believe advocates, plans, sponsors, or engages in, or has 
        engaged in, terrorist activity;
            (2) the enterprise fund furthers United States commercial 
        interests in the region; and
            (3) the enterprise fund is managed in a fiscally 
        responsible manner.

                         palestinian statehood

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

                                colombia

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

                          illegal armed groups

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

 prohibition on assistance to the palestinian broadcasting corporation

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

                                  iraq

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

                       west bank and gaza program

    Sec. 668. (a) Oversight.--For fiscal year 2004, 30 days prior to 
the initial obligation of funds for the bilateral West Bank and Gaza 
Program, the Secretary of State shall certify to the appropriate 
committees of Congress that procedures have been established to assure 
the Comptroller General of the United States will have access to 
appropriate United States financial information in order to review the 
uses of United States assistance for the Program funded under the 
heading ``Economic Support Fund'' for the West Bank and Gaza.
    (b) Vetting.--Prior to the obligation of funds appropriated by this 
Act under the heading ``Economic Support Fund'' for assistance for the 
West Bank and Gaza, the Secretary of State shall take all appropriate 
steps to ensure that such assistance is not provided to or through any 
individual or entity that the Secretary knows or has reason to believe 
advocates, plans, sponsors, engages in, or has engaged in, terrorist 
activity. The Secretary of State shall, as appropriate, establish 
procedures specifying the steps to be taken in carrying out this 
subsection.
    (c) Audits.--(1) The Administrator of the United States Agency for 
International Development shall ensure that Federal or non-Federal 
audits of all contractors and grantees, and significant subcontractors 
and subgrantees, under the West Bank and Gaza Program, are conducted at 
least on an annual basis to ensure, among other things, compliance with 
this section.
    (2) Of the funds appropriated by this Act under the heading 
``Economic Support Fund'' that are made available for assistance for 
the West Bank and Gaza, up to $1,000,000 may be used by the Office of 
the Inspector General of the United States Agency for International 
Development for audits, inspections, and other activities in 
furtherance of the requirements of this subsection. Such funds are in 
addition to funds otherwise available for such purposes.

                               indonesia

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

  restrictions on assistance to governments destabilizing west africa

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

                  special debt relief for the poorest

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

             authority to engage in debt buybacks or sales

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

            contributions to united nations population fund

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

                              central asia

    Sec. 674. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Uzbekistan only if the 
Secretary of State determines and reports to the Committees on 
Appropriations that the Government of Uzbekistan is making substantial 
and continuing progress in meeting its commitments under the 
``Declaration on the Strategic Partnership and Cooperation Framework 
Between the Republic of Uzbekistan and the United States of America'', 
including respect for human rights, establishing a genuine multi-party 
system, and ensuring free and fair elections, freedom of expression, 
and the independence of the media.
    (b) Funds appropriated by this Act may be made available for 
assistance for the Government of Kazakhstan only if the Secretary of 
State determines and reports to the Committees on Appropriations that 
the Government of Kazakhstan has made significant improvements in the 
protection of human rights during the preceding 6 month period.
    (c) The Secretary of State may waive the requirements under 
subsection (b) if he determines and reports to the Committees on 
Appropriations that such a waiver is in the national security interests 
of the United States.
    (d) Not later than October 1, 2004, the Secretary of State shall 
submit a report to the Committees on Appropriations describing the 
following:
            (1) The defense articles, defense services, and financial 
        assistance provided by the United States to the countries of 
        Central Asia during the 6-month period ending 30 days prior to 
        submission of each such report.
            (2) The use during such period of defense articles, defense 
        services, and financial assistance provided by the United 
        States by units of the armed forces, border guards, or other 
        security forces of such countries.
    (e) For purposes of this section, the term ``countries of Central 
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and 
Turkmenistan.

                 commercial leasing of defense articles

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

                             war criminals

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

                               user fees

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

                           funding for serbia

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

              multilateral development bank accountability

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

           cooperation with cuba on counter-narcotics matters

    Sec. 680. (a) Subject to subsection (b), of the funds appropriated 
under the heading ``International Narcotics Control and Law 
Enforcement'', $5,000,000 should be made available for the purposes of 
preliminary work by the Department of State, or such other entity as 
the Secretary of State may designate, to establish cooperation with 
appropriate agencies of the Government of Cuba on counter-narcotics 
matters, including matters relating to cooperation, coordination, and 
mutual assistance in the interdiction of illicit drugs being 
transported through Cuba airspace or over Cuba waters.
    (b) The amount in subsection (a) shall not be available if the 
President certifies that--
            (1) Cuba does not have in place appropriate procedures to 
        protect against the loss of innocent life in the air and on the 
        ground in connection with the interdiction of illegal drugs; 
        and
            (2) there is evidence of involvement of the Government of 
        Cuba in drug trafficking.

                   community-based police assistance

    Sec. 681. (a) Authority.--Funds made available to carry out the 
provisions of chapter 1 of part I and chapter 4 of part II of the 
Foreign Assistance Act of 1961, may be used, notwithstanding section 
660 of that Act, to enhance the effectiveness and accountability of 
civilian police authority through training and technical assistance in 
internationally recognized human rights, the rule of law, strategic 
planning, and through assistance to foster civilian police roles that 
support democratic governance including assistance for programs to 
prevent conflict and foster improved police relations with the 
communities they serve.
    (b) Notification.--Assistance provided under subsection (a) shall 
be subject to the regular notification procedures of the Committees on 
Appropriations.
    (c) Report.--The requirement for an annual report, contained in 
section 582 (b)(1) of Division E of Public Law 108-7, shall be 
applicable to all programs for which funds are provided under the 
authority of this subsection.

    overseas private investment corporation and export-import bank 
                              restrictions

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

  american churchwomen and other citizens in el salvador and guatemala

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

                          conflict resolution

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

                               nicaragua

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

                 report on international coffee crisis

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

                               venezuela

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

                           disability access

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

                                thailand

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

                 modification on reporting requirements

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

          assistance for foreign nongovernmental organizations

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

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

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

                                malaysia

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

                          war crimes in africa

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

                    report on admission of refugees

    Sec. 695. (a) Congress makes the following findings:
            (1) As of October 2003, there are 13,000,000 refugees 
        worldwide, many of whom have fled religious, political, and 
        other forms of persecution.
            (2) Refugee resettlement remains a critical tool of 
        international refugee protection and an essential component of 
        the humanitarian and foreign policy of the United States.
            (3) Prior to the beginning of each fiscal year, the 
        President designates, in a Presidential Determination, a target 
        number of refugees to be admitted to the United States under 
        the United States Refugee Resettlement Program.
            (4) Although the President authorized the admission of 
        70,000 refugees in fiscal year 2003, only 28,419 refugees were 
        admitted.
            (5) From fiscal year 1980 to fiscal year 2000, the average 
        level of United States refugee admissions was slightly below 
        100,000 per year.
            (6) The United States Government policy is to resettle the 
        designated number of refugees each fiscal year. Congress 
        expects the Department of State, the Department of Homeland 
        Security, and the Department of Health and Human Services to 
        implement the admission of 70,000 refugees as authorized by the 
        President for fiscal year 2004.
    (b)(1) The Secretary of State shall utilize private voluntary 
organizations with expertise in the protection needs of refugees in the 
processing of refugees overseas for admission and resettlement to the 
United States, and shall utilize such agencies in addition to the 
United Nations High Commissioner for Refugees in the identification and 
referral of refugees.
    (2) The Secretary of State shall establish a system for accepting 
referrals of appropriate candidates for resettlement from local 
private, voluntary organizations and work to ensure that particularly 
vulnerable refugee groups receive special consideration for admission 
into the United States, including--
            (A) long-stayers in countries of first asylum;
            (B) unaccompanied refugee minors;
            (C) refugees outside traditional camp settings; and
            (D) refugees in woman-headed households.
    (3) The Secretary of State shall give special consideration to--
            (A) refugees of all nationalities who have close family 
        ties to citizens and residents of the United States; and
            (B) other groups of refugees who are of special concern to 
        the United States.
    (4) Not later than 90 days after the date of enactment of this Act, 
the Secretary of State shall submit a report to the appropriate 
congressional committees describing the steps that have been taken to 
implement this subsection.
    (c) Not later than September 30, 2004, if the actual refugee 
admissions numbers do not conform with the authorized ceiling on the 
number of refugees who may be admitted, the Secretary of State, the 
Secretary of Homeland Security, and the Secretary of Health and Human 
Services shall report to Congress on the--
            (1) execution and implementation of the refugee 
        resettlement program; and
            (2) reasons for the failure to resettle the maximum number 
        of refugees.

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

    Sec. 696. Section 102(b)(1) of the International Religious Freedom 
Act of 1998 (22 U.S.C. 6412(b)(1)) is amended by adding at the end the 
following new subparagraph:
                    ``(G) Acts of anti-semitism and other religious 
                intolerance.--A description for each foreign country 
                of--
                            ``(i) acts of violence against people of 
                        the Jewish faith and other faiths that occurred 
                        in that country;
                            ``(ii) the response of the government of 
                        that country to such acts of violence; and
                            ``(iii) actions by the government of that 
                        country to enact and enforce laws relating to 
                        the protection of the right to religious 
                        freedom with respect to people of the Jewish 
                        faith.

              post differentials and danger pay allowances

    Sec. 697. (a) Section 5925(a) of title 5, United States Code, is 
amended in the third sentence by inserting after ``25 percent of the 
rate of basic pay'' the following: ``or, in the case of an employee of 
the United States Agency for International Development, 35 percent of 
the rate of basic pay''.
    (b) Section 5928 of title 5, United States Code, is amended by 
inserting after ``25 percent of the basic pay of the employee'' both 
places it appears the following: ``or 35 percent of the basic pay of 
the employee in the case of an employee of the United States Agency for 
International Development''.
    (c) The amendments made by subsections (a) and (b) shall take 
effect on October 1, 2003, and shall apply with respect to post 
differentials and danger pay allowances paid for months beginning on or 
after that date.

   sense of congress on contracting for delivery of assistance by air

    Sec. 698. It is the sense of Congress that the Administrator of the 
United States Agency for International Development should, to the 
maximum extent practicable and in a manner consistent with the use of 
full and open competition (as that term is defined in section 4(6) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 403(6))), 
contract with small, domestic air transport providers for purposes of 
the delivery by air of assistance available under this Act.
    Sec. 699. (a) Congress makes the following findings:
            (1) International organizations and non-governmental 
        observers, including the Organization for Security and 
        Cooperation in Europe, the National Democratic Institute, and 
        Human Rights Watch documented widespread government 
        manipulation of the electoral process in advance of the 
        Presidential election held in Azerbaijan on October 15, 2003.
            (2) Such organizations and the Department of State reported 
        widespread vote falsification during the election, including 
        ballot stuffing, fraudulent additions to voter lists, and 
        irregularities with vote tallies and found that election 
        commission members from opposition parties were bullied into 
        signing falsified vote tallies.
            (3) The Department of State issued a statement on October 
        21, 2003 concluding that the irregularities that occurred 
        during the elections ``cast doubt on the credibility of the 
        election's results''.
            (4) Human Rights Watch reported that government forces in 
        Azerbaijan used excessive force against demonstrators 
        protesting election fraud and that such force resulted in at 
        least one death and injuries to more than 300 individuals.
            (5) Following the elections, the Government of Azerbaijan 
        arrested more than 330 individuals, many of whom are leaders 
        and rank-and-file members of opposition parties in Azerbaijan, 
        including individuals who served as observers and polling-
        station officials who refused to sign vote tallies from polling 
        stations that the individuals believed were fraudulent.
            (6) The national interest of the United States in promoting 
        stability in the Caucasus and Central Asia and in winning the 
        war on terrorism is best protected by maintaining relationships 
        with democracies committed to the rule of law.
            (7) The credible reports of fraud and intimidation cast 
        serious doubt on the legitimacy of the October 15, 2003 
        Presidential election in Azerbaijan and on the victory of Ilham 
        Aliev in such election.
    (b) It is the sense of Congress that--
            (1) the President and the Secretary of State should urge 
        the Government of Azerbaijan to create an independent 
        commission, with participation from the Organization for 
        Security and Cooperation in Europe and the Council of Europe, 
        to investigate the fraud and intimidation surrounding the 
        October 15, 2003 election in Azerbaijan, and to hold a new 
        election if such a commission finds that a new election is 
        warranted;
            (2) the violence that followed the election should be 
        condemned and should be investigated in a full and impartial 
        investigation;
            (3) the perpetrators of criminal acts related to the 
        election, including Azerbaijani police, should be held 
        accountable; and
            (4) the Government of Azerbaijan should immediately release 
        from detention all members of opposition political parties who 
        were arrested for peacefully expressing political opinions.
    (c) Not later than 90 days after the date of the enactment of this 
Act, the Secretary of State, in consultation with the Attorney General, 
shall submit a report to the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate and the Committee on 
International Relations and the Committee of Appropriations of the 
House of Representatives on the investigation of the murder of United 
States democracy worker John Alvis. Such report shall include--
            (1) a description of the steps taken by the Government of 
        Azerbaijan to further such investigation and bring to justice 
        those responsible for the murder of John Alvis;
            (2) a description of the actions of the Government of 
        Azerbaijan to cooperate with United States agencies involved in 
        such investigation; and
            (3) any recommendations of the Secretary for furthering 
        progress of such investigation.

                         report on sierra leone

    Sec. 699A. Not later than 6 months after the date of enactment of 
this Act, the Administrator of the United States Agency for 
International Development shall submit a report to the Committee on 
Foreign Relations and Committee on Appropriations of the Senate and the 
Committee on International Relations and Committee on Appropriations of 
the House of Representatives on the feasibility of establishing a 
United States mission in Sierra Leone.

                           report on somalia

    Sec. 699B. (a) Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
Committees on Appropriations and Foreign Relations of the Senate and 
the Committees on Appropriations and International Relations of the 
House of Representatives a report on a strategy for engaging with 
competent and responsible authorities and organizations within Somalia, 
including in Somaliland, to strengthen local capacity and establish 
incentives for communities to seek stability.
    (b) The report shall describe a multi-year strategy for--
            (1) increasing access to primary and secondary education 
        and basic health care services;
            (2) supporting efforts underway to establish clear systems 
        for effective regulation and monitoring of Somali hawala, or 
        informal banking, establishments; and
            (3) supporting initiatives to rehabilitate the livestock 
        export sector in Somalia.

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

    Sec. 699C. The International Organizations Immunities Act (22 
U.S.C. 288 et seq.) is amended by adding at the end the following new 
section:
    ``Sec. 16. The provisions of this title may be extended to the 
Global Fund to Fight AIDS, Tuberculosis and Malaria in the same manner, 
to the same extent, and subject to the same conditions, as they may be 
extended to a public international organization in which the United 
States participates pursuant to any treaty or under the authority of 
any Act of Congress authorizing such participation or making an 
appropriation for such participation.''.

                    guinea worm eradication program

    Sec. 699D. Of the funds made available in title II under the 
headings ``child survival and health programs fund'' and ``development 
assistance'', not less than $5,000,000 may be made available for the 
Carter Center's Guinea Worm Eradication Program.
    Sec. 699E. (a) Congress makes the following findings:
            (1) The Islamic Republic of Iran is neither free nor fully 
        democratic, and undemocratic institutions, such as the 
        Guardians Council, thwart the will of the Iranian people.
            (2) There is ongoing repression of journalists, students, 
        and intellectuals in Iran, women in Iran are deprived of their 
        internationally recognized human rights, and religious freedom 
        is not respected under the laws of Iran.
            (3) The Department of State asserted in its ``Patterns of 
        Global Terrorism 2002'' report released on April 30, 2003, that 
        Iran remained the most active state sponsor of terrorism and 
        that Iran continues to provide funding, safe-haven, training, 
        and weapons to known terrorist groups, notably Hizballah, 
        HAMAS, the Palestine Islamic Jihad, and the Popular Front for 
        the Liberation of Palestine.
            (4) The International Atomic Energy Agency (IAEA) has found 
        that Iran has failed to accurately disclose all elements of its 
        nuclear program. The IAEA is engaged in efforts to determine 
        the extent, origin and implications of Iranian nuclear 
        activities that were not initially reported to the IAEA.
            (5) There have been credible reports of Iran harboring Al 
        Qaeda fugitives and permitting the passage of terrorist 
        elements into Iraq.
    (b) It is the sense of Congress that it should be the policy of the 
United States to--
            (1) support transparent, full democracy in Iran;
            (2) support the rights of the Iranian people to choose 
        their system of government;
            (3) condemn the brutal treatment and imprisonment and 
        torture of Iranian civilians expressing political dissent;
            (4) call upon the Government of Iran to comply fully with 
        requests by the International Atomic Energy Agency for 
        information and to immediately suspend all activities related 
        to the development of nuclear weapons and their delivery 
        systems;
            (5) demand that Al Qaeda members be immediately turned over 
        to governments requesting their extradition; and
            (6) demand that Iran prohibit and prevent the passage of 
        armed elements into Iraq and cease all activities to undermine 
        the Iraqi Governing Council and the reconstruction of Iraq.
    Sec. 699F. (a) None of the funds made available by title II under 
the heading ``migration and refugee assistance'' or ``united states 
emergency refugee and migration assistance fund'' to provide assistance 
to refugees or internally displaced persons may be provided to an 
organization that has failed to adopt a code of conduct consistent with 
the Inter-Agency Standing Committee Task Force on Protection From 
Sexual Exploitation and Abuse in Humanitarian Crises six core 
principles for the protection of beneficiaries of humanitarian 
assistance.
    (b) In administering the amounts made available for the accounts 
described in subsection (a), the Secretary of State and Administrator 
of the United States Agency for International Development shall 
incorporate specific policies and programs for the purpose of 
identifying specific needs of, and particular threats to, women and 
children at the various stages of a complex humanitarian emergency, 
especially at the onset of such emergency.
    (c) Not later than 90 days after the date of enactment of this Act, 
the Secretary of State shall submit to the Committee on Foreign 
Relations of the Senate, the Committee on International Relations of 
the House of Representatives and the Committees on Appropriations a 
report on activities of the Government of the United States to protect 
women and children affected by a complex humanitarian emergency. The 
report shall include--
            (1) an assessment of the specific protection needs of women 
        and children at the various stages of a complex humanitarian 
        emergency;
            (2) a description of which agencies and offices of the 
        United States Government are responsible for addressing each 
        aspect of such needs and threats; and
            (3) guidelines and recommendations for improving United 
        States and international systems for the protection of women 
        and children during a complex humanitarian emergency.

                       democracy building in cuba

    Sec. 699G. (a) Of the funds appropriated in title II, under the 
heading ``transition initiatives'' not more than $5,000,000 shall be 
available for individuals and independent nongovernmental organizations 
to support democracy-building efforts for Cuba, including the 
following:
            (1) Published and informational material, such as books, 
        videos, and cassettes, on transitions to democracy, human 
        rights, and market economics, to be made available to 
        independent democratic groups in Cuba.
            (2) Humanitarian assistance to victims of political 
        repression, and their families.
            (3) Support for democratic and human rights groups in Cuba.
            (4) Support for visits and permanent deployment of 
        independent international human rights monitors in Cuba.
    (b) In this section:
            (1) The term ``independent nongovernmental organization'' 
        means an organization that the Secretary of State determines, 
        not less than 15 days before any obligation of funds made 
        available under this section to the organization, is a 
        charitable or nonprofit nongovernmental organization that is 
        not an agency or instrumentality of the Cuban Government.
            (2) The term ``individuals'' means a Cuban national in 
        Cuba, including a political prisoner and the family of such 
        prisoner, who is not an official of the Cuban Government or of 
        the ruling political party in Cuba, as defined in section 4(10) 
        of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act 
        of 1996 (22 U.S.C. 6023(10)).
    (c) The notification requirements of section 634A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2394-1) shall apply to any allocation 
or transfer of funds made pursuant to this section.

  responsible justice and reconciliation mechanisms in central africa

    Sec. 699H. (a) Of the funds appropriated under title II under the 
heading ``economic support fund'', $12,000,000 should be made available 
to support the development of responsible justice and reconciliation 
mechanisms in the Democratic Republic of the Congo, Rwanda, Burundi, 
and Uganda, including programs to increase awareness of gender-based 
violence and improve local capacity to prevent and respond to such 
violence.
    Sec. 699I. Beginning not later than 60 days after the date of 
enactment of this Act, the Coordinator should make publicly available 
(including through posting on Internet web sites maintained by the 
Coordinator) prices paid to purchase HIV/AIDS pharmaceuticals, 
antiviral therapies, diagnostic and monitoring tests, and other 
appropriate medicines, including medicines to treat opportunistic 
infections, for the treatment of people with HIV/AIDS and the 
prevention of mother-to-child transmission of HIV/AIDS in developing 
counties--
            (1) through the use of funds appropriated under this Act; 
        and
            (2) to the extent available, by--
                    (A) the World Health Organization; and
                    (B) the Global Fund to Fight AIDS, Tuberculosis, 
                and Malaria.

                        assistance for hiv/aids

    Sec. 699J. The United States Leadership Against HIV/AIDS, 
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et 
seq.) is amended--
            (1) in section 202(d)(4)(A), by adding at the end the 
        following new clause:
                    ``(vi) for the purposes of clause (i), `funds 
                contributed to the Global Fund from all sources' means 
                funds contributed to the Global Fund at any time during 
                fiscal years 2004 through 2008 that are not contributed 
                to fulfill a commitment made for a fiscal year prior to 
                fiscal year 2004.'';
            (2) in section 202(d)(4)(B), by adding at the end the 
        following new clause:
                    ``(iv) Notwithstanding clause (i), after July 1 of 
                each of the fiscal years 2004 through 2008, any amount 
                made available under this subsection that is withheld 
                by reason of subparagraph (A)(i) is authorized to be 
                made available to carry out sections 104A, 104B, and 
                104C of the Foreign Assistance Act of 1961 (as added by 
                title III of this Act).''; and
            (3) in section 301(f), by inserting ``, except that this 
        subsection shall not apply to the Global Fund to Fight AIDS, 
        Tuberculosis and Malaria or to any United Nations voluntary 
        agency'' after ``trafficking''.

                         global aids assistance

    Sec. 699K. For an additional amount for ``Global AIDS Initiative'', 
$289,000,000, to remain available until September 30, 2006, for 
programs for the prevention, treatment, and control of, and research 
on, HIV/AIDS, tuberculosis, and malaria, which may include additional 
contributions to the Global Fund to Fight AIDS, Tuberculosis, and 
Malaria.

        international military training assistance for indonesia

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

     technical correction relating to the enhanced hipc initiative.

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

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                               H. R. 2800

_______________________________________________________________________

                               AMENDMENT
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