IB 

108TH CONGRESS 

1ST SESSION H. R. 2800

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2003

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT

Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending 

September 30, 2004, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2004, and for other pur6 poses, namely: 

7 TITLE I—EXPORT AND INVESTMENT 

8 ASSISTANCE 

9 EXPORT-IMPORT BANK OF THE UNITED STATES

10 The Export-Import Bank of the United States is au11 thorized to make such expenditures within the limits of 
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1 funds and borrowing authority available to such corpora2 tion, and in accordance with law, and to make such con3 tracts and commitments without regard to fiscal year limi4 tations, as provided by section 104 of the Government 

5 Corporation Control Act, as may be necessary in carrying 

6 out the program for the current fiscal year for such cor7 poration: Provided, That none of the funds available dur8 ing the current fiscal year may be used to make expendi9 tures, contracts, or commitments for the export of nuclear 

10 equipment, fuel, or technology to any country, other than 

11 a nuclear-weapon state as defined in Article IX of the 

12 Treaty on the Non-Proliferation of Nuclear Weapons eligi13 ble to receive economic or military assistance under this 

14 Act, that has detonated a nuclear explosive after the date 

15 of the enactment of this Act: Provided further, That not16 withstanding section 1(c) of Public Law 103–428, as 

17 amended, sections 1(a) and (b) of Public Law 103–428 

18 shall remain in effect through October 1, 2004. 

19 ADMINISTRATIVE EXPENSES

20 For administrative expenses to carry out the direct 

21 and guaranteed loan and insurance programs, including 

22 hire of passenger motor vehicles and services as authorized 

23 by 5 U.S.C. 3109, and not to exceed $30,000 for official 

24 reception and representation expenses for members of the 

25 Board of Directors, $71,395,000: Provided, That the Ex26 port-Import Bank may accept, and use, payment or serv-
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1 ices provided by transaction participants for legal, finan2 cial, or technical services in connection with any trans3 action for which an application for a loan, guarantee or 

4 insurance commitment has been made: Provided further, 

5 That, notwithstanding subsection (b) of section 117 of the 

6 Export Enhancement Act of 1992, subsection (a) thereof 

7 shall remain in effect until October 1, 2004. 

8 OVERSEAS PRIVATE INVESTMENT CORPORATION

9 NONCREDIT ACCOUNT

10 The Overseas Private Investment Corporation is au11 thorized to make, without regard to fiscal year limitations, 

12 as provided by 31 U.S.C. 9104, such expenditures and 

13 commitments within the limits of funds available to it and 

14 in accordance with law as may be necessary: Provided, 

15 That the amount available for administrative expenses to 

16 carry out the credit and insurance programs (including an 

17 amount for official reception and representation expenses 

18 which shall not exceed $35,000) shall not exceed 

19 $41,385,000: Provided further, That project-specific trans20 action costs, including direct and indirect costs incurred 

21 in claims settlements, and other direct costs associated 

22 with services provided to specific investors or potential in23 vestors pursuant to section 234 of the Foreign Assistance 

24 Act of 1961, shall not be considered administrative ex25 penses for the purposes of this heading. 
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1 PROGRAM ACCOUNT

2 For the cost of direct and guaranteed loans, 

3 $24,000,000, as authorized by section 234 of the Foreign 

4 Assistance Act of 1961, to be derived by transfer from 

5 the Overseas Private Investment Corporation Non-Credit 

6 Account: Provided, That such costs, including the cost of 

7 modifying such loans, shall be as defined in section 502 

8 of the Congressional Budget Act of 1974: Provided fur9 ther, That such sums shall be available for direct loan obli10 gations and loan guaranty commitments incurred or made 

11 during fiscal years 2004 and 2005: Provided further, That 

12 such sums shall remain available through fiscal year 2012 

13 for the disbursement of direct and guaranteed loans obli14 gated in fiscal year 2004, and through fiscal year 2013 

15 for the disbursement of direct and guaranteed loans obli16 gated in fiscal year 2005. 

17 In addition, such sums as may be necessary for ad18 ministrative expenses to carry out the credit program may 

19 be derived from amounts available for administrative ex20 penses to carry out the credit and insurance programs in 

21 the Overseas Private Investment Corporation Noncredit 

22 Account and merged with said account. 
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1 FUNDS APPROPRIATED TO THE PRESIDENT

2 TRADE AND DEVELOPMENT AGENCY

3 For necessary expenses to carry out the provisions 

4 of section 661 of the Foreign Assistance Act of 1961, 

5 $50,000,000, to remain available until September 30, 

6 2005. 

7 TITLE II—BILATERAL ECONOMIC ASSISTANCE 

8 FUNDS APPROPRIATED TO THE PRESIDENT

9 For expenses necessary to enable the President to 

10 carry out the provisions of the Foreign Assistance Act of 

11 1961, and for other purposes, to remain available until 

12 September 30, 2004, unless otherwise specified herein, as 

13 follows: 

14 UNITED STATES AGENCY FOR INTERNATIONAL

15 DEVELOPMENT

16 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses to carry out the provisions 

19 of chapters 1 and 10 of part I of the Foreign Assistance 

20 Act of 1961, for child survival, health, and family plan21 ning/reproductive health activities, in addition to funds 

22 otherwise available for such purposes, $2,235,830,000, to 

23 remain available until September 30, 2005: Provided, 

24 That this amount shall be made available for such activi25 ties as: (1) programs for the prevention, treatment, con26 trol of, and research on HIV/AIDS, tuberculosis, polio, 
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1 malaria, and other infectious diseases, and for assistance 

2 to communities severely affected by HIV/AIDS, including 

3 children displaced or orphaned by AIDS; (2) family plan4 ning/reproductive health; (3) health, nutrition, water and 

5 sanitation programs, and related education programs, 

6 which directly address the needs of mothers and children; 

7 (4) assistance for children displaced or orphaned by causes 

8 other than AIDS; (5) immunization programs; and (6) 

9 oral rehydration programs: Provided further, That none of 

10 the funds appropriated under this heading may be made 

11 available for nonproject assistance, except that funds may 

12 be made available for such assistance for ongoing health 

13 activities: Provided further, That of the funds appropriated 

14 under this heading, not to exceed $250,000, in addition 

15 to funds otherwise available for such purposes, may be 

16 used to monitor and provide oversight of child survival, 

17 maternal and family planning/reproductive health, and in18 fectious disease programs: Provided further, That the fol19 lowing amounts should be allocated as follows: 

20 $324,000,000 for child survival and maternal health; 

21 $27,000,000 for vulnerable children; $840,830,000 for 

22 HIV/AIDS; $155,500,000 for other infectious diseases; 

23 $368,500,000 for family planning/reproductive health; and 

24 $120,000,000 for UNICEF: Provided further, That of the 

25 funds appropriated under this heading, and in addition to 
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1 funds allocated under the previous proviso, not less than 

2 $400,000,000 shall be made available, not withstanding 

3 any other provision of law, except the provisions of section 

4 202(d)(4) of Public Law 108–25, for a United States con5 tribution to the Global Fund to Fight AIDS, Tuberculosis 

6 and Malaria (the ‘‘Global Fund’’), and shall be expended 

7 at the minimum rate necessary to make timely payment 

8 for projects and activities: Provided further, That of the 

9 funds appropriated and allocated for HIV/AIDS under 

10 this heading, not less than $15,000,000 should be made 

11 available as a contribution to the International AIDS Vac12 cine Initiative; not more than $6,326,000 may be available 

13 for administrative expenses of the Office of the Coordi14 nator of United States Government Activities to Combat 

15 HIV/AIDS Globally (the ‘‘Coordinator’’); and not more 

16 than $50,000,000 may be made available under the au17 thority contained in section 1(f)(2)(A)(iii) of the State De18 partment Basic Authorities Act of 1956: Provided further, 

19 That no United States contribution to the Global Fund 

20 may cause the total amount of United States Government 

21 contributions to the Global Fund to exceed one-half of the 

22 total amount of funds contributed to the Global Fund 

23 from all other sources: Provided further, That if, by June 

24 30, 2004, the application of the previous proviso prevents 

25 a contribution of the full amount allocated for the Global 
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1 Fund, the amount that cannot be made available for the 

2 Global Fund may be made available by the Coordinator, 

3 through relevant executive branch agencies, for activities 

4 to combat HIV/AIDS, tuberculosis, or malaria, subject to 

5 prior consultation with the Committees on Appropriations: 

6 Provided further, That in carrying out the duties specified 

7 in section 1(f)(2)(B)(ii)(VII) of the State Department 

8 Basic Authorities Act of 1956, the Coordinator shall en9 sure that assistance is provided for activities in not fewer 

10 than 15 countries, at least one of which shall not be in 

11 Africa or the Caribbean region: Provided further, That of 

12 the funds appropriated under this heading, up to 

13 $60,000,000 may be made available for a United States 

14 contribution to the Vaccine Fund, and up to $6,000,000 

15 may be transferred to and merged with funds appropriated 

16 by this Act under the heading ‘‘Operating Expenses of the 

17 United States Agency for International Development’’ for 

18 costs directly related to international health, but funds 

19 made available for such costs may not be derived from 

20 amounts made available for contribution under the pre21 ceding provisos: Provided further, That notwithstanding 

22 any other provision of this Act, funds appropriated under 

23 this heading that are available for child survival and 

24 health programs, shall be apportioned to the Office of the 

25 Coordinator, or the United States Agency for Inter-
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1 national Development, and the authority of sections 

2 632(a) or 632(b) of the Foreign Assistance Act of 1961, 

3 or any comparable provision of law, may not be used to 

4 transfer or allocate any part of such funds to the Depart5 ment of Health and Human Services including any office 

6 of that agency, except that the authority of those sections 

7 may be used to transfer or allocate up to $35,000,000 of 

8 such funds to the Centers for Disease Control and Preven9 tion: Provided further, That none of the funds made avail10 able in this Act nor any unobligated balances from prior 

11 appropriations may be made available to any organization 

12 or program which, as determined by the President of the 

13 United States, supports or participates in the manage14 ment of a program of coercive abortion or involuntary 

15 sterilization: Provided further, That none of the funds 

16 made available under this Act may be used to pay for the 

17 performance of abortion as a method of family planning 

18 or to motivate or coerce any person to practice abortions: 

19 Provided further, That none of the funds made available 

20 under this Act may be used to lobby for or against abor21 tion: Provided further, That in order to reduce reliance on 

22 abortion in developing nations, funds shall be available 

23 only to voluntary family planning projects which offer, ei24 ther directly or through referral to, or information about 

25 access to, a broad range of family planning methods and 
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1 services, and that any such voluntary family planning 

2 project shall meet the following requirements: (1) service 

3 providers or referral agents in the project shall not imple4 ment or be subject to quotas, or other numerical targets, 

5 of total number of births, number of family planning ac6 ceptors, or acceptors of a particular method of family 

7 planning (this provision shall not be construed to include 

8 the use of quantitative estimates or indicators for budg9 eting and planning purposes); (2) the project shall not in10 clude payment of incentives, bribes, gratuities, or financial 

11 reward to: (A) an individual in exchange for becoming a 

12 family planning acceptor; or (B) program personnel for 

13 achieving a numerical target or quota of total number of 

14 births, number of family planning acceptors, or acceptors 

15 of a particular method of family planning; (3) the project 

16 shall not deny any right or benefit, including the right of 

17 access to participate in any program of general welfare 

18 or the right of access to health care, as a consequence 

19 of any individual’s decision not to accept family planning 

20 services; (4) the project shall provide family planning ac21 ceptors comprehensible information on the health benefits 

22 and risks of the method chosen, including those conditions 

23 that might render the use of the method inadvisable and 

24 those adverse side effects known to be consequent to the 

25 use of the method; and (5) the project shall ensure that 
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1 experimental contraceptive drugs and devices and medical 

2 procedures are provided only in the context of a scientific 

3 study in which participants are advised of potential risks 

4 and benefits; and, not less than 60 days after the date 

5 on which the Administrator of the United States Agency 

6 for International Development determines that there has 

7 been a violation of the requirements contained in para8 graph (1), (2), (3), or (5) of this proviso, or a pattern 

9 or practice of violations of the requirements contained in 

10 paragraph (4) of this proviso, the Administrator shall sub11 mit to the Committees on Appropriations a report con12 taining a description of such violation and the corrective 

13 action taken by the Agency: Provided further, That in 

14 awarding grants for natural family planning under section 

15 104 of the Foreign Assistance Act of 1961 no applicant 

16 shall be discriminated against because of such applicant’s 

17 religious or conscientious commitment to offer only nat18 ural family planning; and, additionally, all such applicants 

19 shall comply with the requirements of the previous proviso: 

20 Provided further, That for purposes of this or any other 

21 Act authorizing or appropriating funds for foreign oper22 ations, export financing, and related programs, the term 

23 ‘‘motivate’’, as it relates to family planning assistance, 

24 shall not be construed to prohibit the provision, consistent 

25 with local law, of information or counseling about all preg-
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1 nancy options: Provided further, That nothing in this para2 graph shall be construed to alter any existing statutory 

3 prohibitions against abortion under section 104 of the 

4 Foreign Assistance Act of 1961: Provided further, That 

5 information provided about the use of condoms as part 

6 of projects or activities that are funded from accounts ap7 propriated by this Act shall be medically accurate and 

8 shall include the public health benefits and failure rates 

9 of such use. 

10 DEVELOPMENT ASSISTANCE

11 For necessary expenses of the United States Agency 

12 for International Development to carry out the provisions 

13 of sections 103, 105, 106, and 131, and chapter 10 of 

14 part I of the Foreign Assistance Act of 1961, 

15 $1,317,000,000, of which up to $50,000,000 may remain 

16 available until September 30, 2005: Provided, That none 

17 of the funds appropriated under title II of this Act that 

18 are managed by or allocated to the United States Agency 

19 for International Development’s Global Development Sec20 retariat, may be made available except through the regular 

21 notification procedures of the Committees on Appropria22 tions: Provided further, That $194,000,000 should be allo23 cated for trade capacity building: Provided further, That 

24 $250,000,000 should be allocated for basic education: Pro25 vided further, That of the funds appropriated under this 

26 heading and managed by the United States Agency for 
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1 International Development Bureau of Democracy, Con2 flict, and Humanitarian Assistance, not less than 

3 $11,000,000 shall be made available only for programs to 

4 improve women’s leadership capacity in recipient coun5 tries: Provided further, That such funds may not be made 

6 available for construction: Provided further, That of the 

7 funds appropriated under this heading that are made 

8 available for assistance programs for displaced and or9 phaned children and victims of war, not to exceed 

10 $32,500, in addition to funds otherwise available for such 

11 purposes, may be used to monitor and provide oversight 

12 of such programs. 

13 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

14 For necessary expenses of the United States Agency 

15 for International Development to carry out the provisions 

16 of section 491 of the Foreign Assistance Act of 1961, as 

17 amended for international disaster relief, rehabilitation, 

18 and reconstruction assistance, $235,500,000, to remain 

19 available until expended. 

20 In addition, for necessary expenses of the United 

21 States Agency for International Development for assist22 ance for famine prevention and relief, including for mitiga23 tion of the effects of famine, $80,000,000, to remain avail24 able until expended: Provided, That such funds shall be 

25 made available utilizing the general authorities of section 

26 491 of the Foreign Assistance Act of 1961, and shall be 
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1 in addition to amounts otherwise available for such pur2 poses: Provided further, That funds appropriated by this 

3 paragraph shall be available for obligation subject to prior 

4 consultation with the Committees on Appropriations. 

5 TRANSITION INITIATIVES

6 For necessary expenses of the United States Agency 

7 for International Development for international disaster 

8 rehabilitation and reconstruction assistance pursuant to 

9 section 491 of the Foreign Assistance Act of 1961, 

10 $55,000,000, to remain available until expended, to sup11 port transition to democracy and to long-term develop12 ment of countries in crisis: Provided, That such support 

13 may include assistance to develop, strengthen, or preserve 

14 democratic institutions and processes, revitalize basic in15 frastructure, and foster the peaceful resolution of conflict: 

16 Provided further, That the United States Agency for Inter17 national Development shall submit a report to the Com18 mittees on Appropriations at least 5 days prior to begin19 ning a new program of assistance. 

20 DEVELOPMENT CREDIT AUTHORITY

21 (INCLUDING TRANSFER OF FUNDS)

22 For the cost of direct loans and loan guarantees pro23 vided by the United States Agency for International De24 velopment, as authorized by sections 108 and 635 of the 

25 Foreign Assistance Act of 1961, funds may be derived by 

26 transfer from funds appropriated by this Act to carry out 
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1 part I of such Act and under the heading ‘‘Assistance for 

2 Eastern Europe and the Baltic States’’: Provided, That 

3 such funds shall not exceed $21,000,000, which shall be 

4 made available only for micro and small enterprise pro5 grams, urban programs, and other programs which fur6 ther the purposes of part I of the Act: Provided further, 

7 That such costs shall be as defined in section 502 of the 

8 Congressional Budget Act of 1974: Provided further, That 

9 the provisions of section 107A(d) (relating to general pro10 visions applicable to the Development Credit Authority) 

11 of the Foreign Assistance Act of 1961, as contained in 

12 section 306 of H.R. 1486 as reported by the House Com13 mittee on International Relations on May 9, 1997, shall 

14 be applicable to direct loans and loan guarantees provided 

15 under this heading. In addition, for administrative ex16 penses to carry out credit programs administered by the 

17 United States Agency for International Development, 

18 $8,000,000, which may be transferred to and merged with 

19 the appropriation for Operating Expenses of the United 

20 States Agency for International Development: Provided 

21 further, That funds made available under this heading 

22 shall remain available until September 30, 2007. 
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1 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

2 DISABILITY FUND

3 For payment to the ‘‘Foreign Service Retirement and 

4 Disability Fund’’, as authorized by the Foreign Service 

5 Act of 1980, $43,859,000. 

6 OPERATING EXPENSES OF THE UNITED STATES AGENCY

7 FOR INTERNATIONAL DEVELOPMENT

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses to carry out the provisions 

10 of section 667 of the Foreign Assistance Act of 1961, 

11 $604,100,000, of which $30,000,000 may remain avail12 able until September 30, 2005: Provided, That none of 

13 the funds appropriated under this heading and under the 

14 heading ‘‘Capital Investment Fund’’ may be made avail15 able to finance the construction (including architect and 

16 engineering services), purchase, or long term lease of of17 fices for use by the United States Agency for International 

18 Development, unless the Administrator has identified such 

19 proposed construction (including architect and engineering 

20 services), purchase, or long term lease of offices in a re21 port submitted to the Committees on Appropriations at 

22 least 15 days prior to the obligation of these funds for 

23 such purposes: Provided further, That the previous proviso 

24 shall not apply where the total cost of construction (in25 cluding architect and engineering services), purchase, or 

26 long term lease of offices does not exceed $1,000,000: Pro-
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1 vided further, That in addition not to exceed $15,000,000 

2 may be derived by transfer from the ‘‘Iraq Relief and Re3 construction Fund’’ (Public Law 108–11) to support the 

4 United States Agency for International Development mis5 sion in Iraq: Provided further, That none of the funds in 

6 this Act may be used to open a new overseas mission of 

7 the United States Agency for International Development 

8 without the prior written notification of the Committees 

9 on Appropriations: Provided further, That the authority of 

10 sections 610 and 109 of the Foreign Assistance Act of 

11 1961 may be exercised by the Secretary of State to trans12 fer funds appropriated to carry out chapter 1 of such Act 

13 to ‘‘Operating Expenses of the United States Agency for 

14 International Development’’ in accordance with the provi15 sions of those sections. 

16 CAPITAL INVESTMENT FUND

17 For necessary expenses for overseas construction and 

18 related costs, and for the procurement and enhancement 

19 of information technology and related capital investments 

20 of the United States Agency for International Develop21 ment, pursuant to section 667 of the Foreign Assistance 

22 Act of 1961, $49,300,000, to remain available until ex23 pended: Provided, That this amount is in addition to funds 

24 otherwise available for such purposes: Provided further, 

25 That the Administrator of the United States Agency for 

26 International Development shall assess fair and reasonable 
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1 rental payments for the use of space by employees of other 

2 United States Government agencies in buildings con3 structed using funds appropriated under this heading, and 

4 such rental payments shall be deposited into this account 

5 as an offsetting collection: Provided further, That the rent6 al payments collected pursuant to the previous proviso and 

7 deposited as an offsetting collection shall be available for 

8 obligation only pursuant to the regular notification proce9 dures of the Committees on Appropriations: Provided fur10 ther, That the assignment of United States Government 

11 employees or contractors to space in buildings constructed 

12 using funds appropriated under this heading shall be sub13 ject to the concurrence of the Administrator of the United 

14 States Agency for International Development: Provided 

15 further, That funds appropriated under this heading shall 

16 be available for obligation only pursuant to the regular 

17 notification procedures of the Committees on Appropria18 tions. 

19 OPERATING EXPENSES OF THE UNITED STATES AGENCY

20 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN21 SPECTOR GENERAL

22 For necessary expenses to carry out the provisions 

23 of section 667 of the Foreign Assistance Act of 1961, 

24 $35,000,000, to remain available until September 30, 

25 2005, which sum shall be available for the Office of the 
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1 Inspector General of the United States Agency for Inter2 national Development. 

3 OTHER BILATERAL ECONOMIC ASSISTANCE

4 ECONOMIC SUPPORT FUND

5 For necessary expenses to carry out the provisions 

6 of chapter 4 of part II, $2,240,500,000 to remain avail7 able until September 30, 2005: Provided, That of the 

8 funds appropriated under this heading, not less than 

9 $480,000,000 shall be available only for Israel, which sum 

10 shall be available on a grant basis as a cash transfer and 

11 shall be disbursed within 30 days of the enactment of this 

12 Act: Provided further, That not less than $575,000,000 

13 shall be available only for Egypt, which sum shall be pro14 vided on a grant basis, and of which sum cash transfer 

15 assistance shall be provided with the understanding that 

16 Egypt will undertake significant economic reforms which 

17 are additional to those which were undertaken in previous 

18 fiscal years: Provided further, That in exercising the au19 thority to provide cash transfer assistance for Israel, the 

20 President shall ensure that the level of such assistance 

21 does not cause an adverse impact on the total level of non22 military exports from the United States to such country 

23 and that Israel enters into a side letter agreement in an 

24 amount proportional to the fiscal year 1999 agreement: 

25 Provided further, That of the funds appropriated under 
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1 this heading, not less than $250,000,000 should be made 

2 available only for assistance for Jordan: Provided further,

3 That not less than $12,000,000 of the funds appropriated 

4 under this heading should be made available for Cyprus 

5 to be used only for scholarships, administrative support 

6 of the scholarship program, bicommunal projects, and 

7 measures aimed at reunification of the island and designed 

8 to reduce tensions and promote peace and cooperation be9 tween the two communities on Cyprus: Provided further,

10 That not less than $35,000,000 of the funds appropriated 

11 under this heading should be made available for assistance 

12 for Lebanon of which not less than $4,000,000 should be 

13 available only for American educational institutions for 

14 scholarships and other programs: Provided further, That 

15 notwithstanding section 534(a) of this Act, funds appro16 priated under this heading that are made available for as17 sistance for the Central Government of Lebanon shall be 

18 subject to the regular notification procedures of the Com19 mittees on Appropriations: Provided further, That not to 

20 exceed $65,000,000 of the funds appropriated under this 

21 heading in this Act may be made available for the costs, 

22 as defined in section 502 of the Congressional Budget Act 

23 of 1974, of modifying direct loans and guarantees for 

24 Pakistan: Provided further, That not to exceed 

25 $67,000,000 shall be available to the Department of State 
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1 Office of Overseas Buildings Operation for construction 

2 of United States Agency for International Development 

3 facilities in Mali, Guinea, Cambodia, and Georgia: Pro4 vided further, That funds appropriated under this heading 

5 shall be made available for administrative costs of the 

6 United States Agency for International Development to 

7 provide adequate security, carry out programs in Afghani8 stan, and implement regional programs in Asia and the 

9 Near East, including the Middle East Partnership Initia10 tive, in addition to amounts otherwise available for such 

11 purposes: Provided further, That with respect to funds ap12 propriated under this heading in this Act or prior Acts 

13 making appropriations for foreign operations, export fi14 nancing, and related programs, the responsibility for pol15 icy decisions and justifications for the use of such funds, 

16 including whether there will be a program for a country 

17 that uses those funds and the amount of each such pro18 gram, shall be the responsibility of the Secretary of State 

19 and the Deputy Secretary of State and this responsibility 

20 shall not be delegated. 

21 INTERNATIONAL FUND FOR IRELAND

22 For necessary expenses to carry out the provisions 

23 of chapter 4 of part II of the Foreign Assistance Act of 

24 1961, $19,600,000, which shall be available for the United 

25 States contribution to the International Fund for Ireland 

26 and shall be made available in accordance with the provi-
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1 sions of the Anglo-Irish Agreement Support Act of 1986 

2 (Public Law 99–415): Provided, That such amount shall 

3 be expended at the minimum rate necessary to make time4 ly payment for projects and activities: Provided further, 

5 That funds made available under this heading shall re6 main available until September 30, 2005. 

7 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

8 STATES

9 (a) For necessary expenses to carry out the provisions 

10 of the Foreign Assistance Act of 1961 and the Support 

11 for East European Democracy (SEED) Act of 1989, 

12 $452,000,000, to remain available until September 30, 

13 2005, which shall be available, notwithstanding any other 

14 provision of law, for assistance and for related programs 

15 for Eastern Europe and the Baltic States: Provided, That 

16 funds appropriated under this heading shall be considered 

17 to be economic assistance under the Foreign Assistance 

18 Act of 1961 for purposes of making available the adminis19 trative authorities contained in that Act for the use of eco20 nomic assistance: Provided further, That funds made avail21 able for assistance for Kosovo from funds appropriated 

22 under this heading and under the headings ‘‘Economic 

23 Support Fund’’ and ‘‘International Narcotics Control and 

24 Law Enforcement’’ should not exceed 15 percent of the 

25 total resources pledged by all donors for calendar year 

26 2004 for assistance for Kosovo as of March 31, 2004. 
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1 (b) Funds appropriated under this heading or in prior 

2 appropriations Acts that are or have been made available 

3 for an Enterprise Fund may be deposited by such Fund 

4 in interest-bearing accounts prior to the Fund’s disburse5 ment of such funds for program purposes. The Fund may 

6 retain for such program purposes any interest earned on 

7 such deposits without returning such interest to the Treas8 ury of the United States and without further appropria9 tion by the Congress. Funds made available for Enterprise 

10 Funds shall be expended at the minimum rate necessary 

11 to make timely payment for projects and activities. 

12 (c) With regard to funds appropriated under this 

13 heading for the economic revitalization program in Bosnia 

14 and Herzegovina, and local currencies generated by such 

15 funds (including the conversion of funds appropriated 

16 under this heading into currency used by Bosnia and 

17 Herzegovina as local currency and local currency returned 

18 or repaid under such program) the Administrator of the 

19 United States Agency for International Development shall 

20 provide written approval for grants and loans prior to the 

21 obligation and expenditure of funds for such purposes, and 

22 prior to the use of funds that have been returned or repaid 

23 to any lending facility or grantee. 

24 (d) The provisions of section 529 of this Act shall 

25 apply to funds made available under subsection (c) and 
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1 to funds appropriated under this heading: Provided, That 

2 notwithstanding any provision of this or any other Act, 

3 including provisions in this subsection regarding the appli4 cation of section 529 of this Act, local currencies gen5 erated by, or converted from, funds appropriated by this 

6 Act and by previous appropriations Acts and made avail7 able for the economic revitalization program in Bosnia 

8 may be used in Eastern Europe and the Baltic States to 

9 carry out the provisions of the Foreign Assistance Act of 

10 1961 and the Support for East European Democracy 

11 (SEED) Act of 1989. 

12 (e) The President is authorized to withhold funds ap13 propriated under this heading made available for economic 

14 revitalization programs in Bosnia and Herzegovina, if he 

15 determines and certifies to the Committees on Appropria16 tions that the Federation of Bosnia and Herzegovina has 

17 not complied with article III of annex 1–A of the General 

18 Framework Agreement for Peace in Bosnia and 

19 Herzegovina concerning the withdrawal of foreign forces, 

20 and that intelligence cooperation on training, investiga21 tions, and related activities between state sponsors of ter22 rorism and terrorist organizations and Bosnian officials 

23 has not been terminated. 
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1 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

2 FORMER SOVIET UNION

3 (a) For necessary expenses to carry out the provisions 

4 of chapters 11 and 12 of part I of the Foreign Assistance 

5 Act of 1961 and the FREEDOM Support Act, for assist6 ance for the Independent States of the former Soviet 

7 Union and for related programs, $576,000,000, to remain 

8 available until September 30, 2005: Provided, That the 

9 provisions of such chapters shall apply to funds appro10 priated by this paragraph: Provided further, That of the 

11 funds made available for the Southern Caucasus region, 

12 notwithstanding any other provision of law, funds may be 

13 used for confidence-building measures and other activities 

14 in furtherance of the peaceful resolution of the regional 

15 conflicts, especially those in the vicinity of Abkhazia and 

16 Nagorno-Karabagh: Provided further, That of the funds 

17 appropriated under this heading, $1,500,000 should be 

18 available only to meet the health and other assistance 

19 needs of victims of trafficking in persons: Provided further,

20 That, notwithstanding any other provision of law, funds 

21 appropriated under this heading in this Act or prior Acts 

22 making appropriations for foreign operations, export fi23 nancing, and related programs, that are made available 

24 pursuant to the provisions of section 807 of the FREE-
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1 DOM Support Act (Public Law 102–511) shall be subject 

2 to a 6 percent ceiling on administrative expenses. 

3 (b) Of the funds appropriated under this heading, not 

4 less than $70,000,000 should be made available for assist5 ance for Armenia and not less than $90,000,000 should 

6 be available for assistance for Russia. 

7 (c)(1) Of the funds appropriated under this heading 

8 that are allocated for assistance for the Government of 

9 the Russian Federation, 60 percent shall be withheld from 

10 obligation until the President determines and certifies in 

11 writing to the Committees on Appropriations that the Gov12 ernment of the Russian Federation: 

13 (A) has terminated implementation of arrange14 ments to provide Iran with technical expertise, train15 ing, technology, or equipment necessary to develop a 

16 nuclear reactor, related nuclear research facilities or 

17 programs, or ballistic missile capability; and 

18 (B) is providing full access to international non19 government organizations providing humanitarian 

20 relief to refugees and internally displaced persons in 

21 Chechnya. 

22 (2) Paragraph (1) shall not apply to—

23 (A) assistance to combat infectious diseases, 

24 child survival activities, or assistance for victims of 

25 trafficking in persons; and 
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1 (B) activities authorized under title V (Non2 proliferation and Disarmament Programs and Ac3 tivities) of the FREEDOM Support Act. 

4 (d) Of the funds appropriated under this heading, not 

5 less than $63,000,000 should be made available, in addi6 tion to funds otherwise available for such purposes, for 

7 assistance for child survival, environmental and reproduc8 tive health, and to combat HIV/AIDS, tuberculosis and 

9 other infectious diseases, and for related activities. 

10 (e) Section 907 of the FREEDOM Support Act shall 

11 not apply to—

12 (1) activities to support democracy or assist13 ance under title V of the FREEDOM Support Act 

14 and section 1424 of Public Law 104–201 or non15 proliferation assistance; 

16 (2) any assistance provided by the Trade and 

17 Development Agency under section 661 of the For18 eign Assistance Act of 1961 (22 U.S.C. 2421); 

19 (3) any activity carried out by a member of the 

20 United States and Foreign Commercial Service while 

21 acting within his or her official capacity; 

22 (4) any insurance, reinsurance, guarantee or 

23 other assistance provided by the Overseas Private 

24 Investment Corporation under title IV of chapter 2 
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1 of part I of the Foreign Assistance Act of 1961 (22 

2 U.S.C. 2191 et seq.); 

3 (5) any financing provided under the Export4 Import Bank Act of 1945; or 

5 (6) humanitarian assistance. 

6 INDEPENDENT AGENCIES

7 INTER-AMERICAN FOUNDATION

8 For necessary expenses to carry out the functions of 

9 the Inter-American Foundation in accordance with the 

10 provisions of section 401 of the Foreign Assistance Act 

11 of 1969, $15,185,000, to remain available until September 

12 30, 2005. 

13 AFRICAN DEVELOPMENT FOUNDATION

14 For necessary expenses to carry out title V of the 

15 International Security and Development Cooperation Act 

16 of 1980, Public Law 96–533, $17,689,000, to remain 

17 available until September 30, 2005: Provided, That funds 

18 made available to grantees may be invested pending ex19 penditure for project purposes when authorized by the 

20 board of directors of the Foundation: Provided further,

21 That interest earned shall be used only for the purposes 

22 for which the grant was made: Provided further, That not23 withstanding section 505(a)(2) of the African Develop24 ment Foundation Act, in exceptional circumstances the 

25 board of directors of the Foundation may waive the 

26 $250,000 limitation contained in that section with respect 
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1 to a project: Provided further, That the Foundation shall 

2 provide a report to the Committees on Appropriations 

3 after each time such waiver authority is exercised. 

4 PEACE CORPS

5 For necessary expenses to carry out the provisions 

6 of the Peace Corps Act (75 Stat. 612), $314,000,000, in7 cluding the purchase of not to exceed five passenger motor 

8 vehicles for administrative purposes for use outside of the 

9 United States: Provided, That none of the funds appro10 priated under this heading shall be used to pay for abor11 tions: Provided further, That funds appropriated under 

12 this heading shall remain available until September 30, 

13 2005: Provided further, That the Director of the Peace 

14 Corps may make appointments or assignments, or extend 

15 current appointments or assignments, to permit United 

16 States citizens to serve for periods in excess of five years 

17 in the case of individuals whose appointment or assign18 ment, such as regional safety security officers and employ19 ees within the Office of the Inspector General, involves the 

20 safety of Peace Corps volunteers: Provided further, That 

21 the Director of the Peace Corps may make such appoint22 ments or assignments notwithstanding the provisions of 

23 section 7 of the Peace Corps Act limiting the length of 

24 an appointment or assignment, the circumstances under 

25 which such an appointment or assignment may exceed 5 
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1 years, and the percentage of appointments or assignments 

2 that can be made in excess of 5 years. 

3 MILLENNIUM CHALLENGE ACCOUNT

4 For necessary expenses for the ‘‘Millennium Chal5 lenge Account’’, $800,000,000, to remain available until 

6 expended: Provided, That the availability of such amount 

7 is contingent upon enactment of authorization. 

8 DEPARTMENT OF STATE

9 INTERNATIONAL NARCOTICS CONTROL AND LAW

10 ENFORCEMENT

11 For necessary expenses to carry out section 481 of 

12 the Foreign Assistance Act of 1961, $241,700,000: Pro13 vided, That funds appropriated under this heading shall 

14 remain available until September 30, 2005: Provided fur15 ther, That during fiscal year 2004, the Department of 

16 State may also use the authority of section 608 of the 

17 Foreign Assistance Act of 1961, without regard to its re18 strictions, to receive excess property from an agency of 

19 the United States Government for the purpose of pro20 viding it to a foreign country under chapter 8 of part I 

21 of that Act subject to the regular notification procedures 

22 of the Committees on Appropriations: Provided further,

23 That the Secretary of State shall provide to the Commit24 tees on Appropriations not later than 45 days after the 

25 date of the enactment of this Act and prior to the initial 

26 obligation of funds appropriated under this heading, a re-
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1 port on the proposed uses of all funds under this heading 

2 on a country-by-country basis for each proposed program, 

3 project, or activity: Provided further, That of the funds 

4 appropriated under this heading, not more than 

5 $24,180,000 may be available for administrative expenses. 

6 ANDEAN COUNTERDRUG INITIATIVE

7 For necessary expenses to carry out section 481 of 

8 the Foreign Assistance Act of 1961 to support 

9 counterdrug activities in the Andean region of South 

10 America, $731,000,000, to remain available until Sep11 tember 30, 2005: Provided, That in fiscal year 2004, 

12 funds available to the Department of State for assistance 

13 to the Government of Colombia shall be available to sup14 port a unified campaign against narcotics trafficking, 

15 against activities by organizations designated as terrorist 

16 organizations such as the Revolutionary Armed Forces of 

17 Colombia (FARC), the National Liberation Army (ELN), 

18 and the United Self-Defense Forces of Colombia (AUC), 

19 and to take actions to protect human health and welfare 

20 in emergency circumstances, including undertaking rescue 

21 operations: Provided further, That this authority shall 

22 cease to be effective if the Secretary of State has credible 

23 evidence that the Colombian Armed Forces are not con24 ducting vigorous operations to restore government author25 ity and respect for human rights in areas under the effec26 tive control of paramilitary and guerrilla organizations: 
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1 Provided further, That the President shall ensure that if 

2 any helicopter procured with funds under this heading is 

3 used to aid or abet the operations of any illegal self-de4 fense group or illegal security cooperative, such helicopter 

5 shall be immediately returned to the United States: Pro6 vided further, That none of the funds appropriated by this 

7 Act may be made available to support a Peruvian air inter8 diction program until the Secretary of State and Director 

9 of Central Intelligence certify to the Congress, 30 days 

10 before any resumption of United States involvement in a 

11 Peruvian air interdiction program, that an air interdiction 

12 program that permits the ability of the Peruvian Air Force 

13 to shoot down aircraft will include enhanced safeguards 

14 and procedures to prevent the occurrence of any incident 

15 similar to the April 20, 2001 incident: Provided further, 

16 That the Secretary of State, in consultation with the Ad17 ministrator of the United States Agency for International 

18 Development, shall provide to the Committees on Appro19 priations not later than 45 days after the date of the en20 actment of this Act and prior to the initial obligation of 

21 funds appropriated under this heading, a report on the 

22 proposed uses of all funds under this heading on a coun23 try-by-country basis for each proposed program, project, 

24 or activity: Provided further, That section 482(b) of the 

25 Foreign Assistance Act of 1961 shall not apply to funds 
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1 appropriated under this heading: Provided further, That 

2 assistance provided with funds appropriated under this 

3 heading that is made available notwithstanding section 

4 482(b) of the Foreign Assistance Act of 1961, as amend5 ed, shall be made available subject to the regular notifica6 tion procedures of the Committees on Appropriations: Pro7 vided further, That the provisions of section 3204(b) 

8 through (d) of Public Law 106–246, as amended by Public 

9 Law 107–115, shall be applicable to funds appropriated 

10 for fiscal year 2004: Provided further, That the reports 

11 required by sections 3204(e) and (f) of division B, title 

12 III, chapter 2 of Public Law 106–246, shall be submitted 

13 also to the Committees on Appropriations on the dates 

14 specified in those sections: Provided further, That of the 

15 funds appropriated under this heading, not more than 

16 $15,680,000 may be available for administrative expenses 

17 of the Department of State, and not more than 

18 $4,500,000 may be available, in addition to amounts oth19 erwise available for such purposes, for administrative ex20 penses of the United States Agency for International De21 velopment. 

22 MIGRATION AND REFUGEE ASSISTANCE

23 For expenses, not otherwise provided for, necessary 

24 to enable the Secretary of State to provide, as authorized 

25 by law, a contribution to the International Committee of 

26 the Red Cross, assistance to refugees, including contribu-
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1 tions to the International Organization for Migration and 

2 the United Nations High Commissioner for Refugees, and 

3 other activities to meet refugee and migration needs; sala4 ries and expenses of personnel and dependents as author5 ized by the Foreign Service Act of 1980; allowances as 

6 authorized by sections 5921 through 5925 of title 5, 

7 United States Code; purchase and hire of passenger motor 

8 vehicles; and services as authorized by section 3109 of title 

9 5, United States Code, $760,197,000, which shall remain 

10 available until expended: Provided, That not more than 

11 $18,500,000 may be available for administrative expenses: 

12 Provided further, That funds appropriated under this 

13 heading may be made available for a headquarters con14 tribution to the International Committee of the Red Cross 

15 only if the Secretary of State determines (and so reports 

16 to the appropriate committees of Congress) that the 

17 Magen David Adom Society of Israel is not being denied 

18 participation in the activities of the International Red 

19 Cross and Red Crescent Movement: Provided further, That 

20 none of the funds made available pursuant to this Act 

21 after March 31, 2004, by the Department of State under 

22 the headings ‘‘Migration and Refugee Assistance’’ and 

23 ‘‘United States Emergency Refugee and Migration Assist24 ance Fund’’ for the purposes of provision of assistance to 

25 refugees or internally displaced persons may be provided 
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1 to an organization that has failed to adopt a code of con2 duct consistent with the Inter-Agency Standing Com3 mittee Task Force on Protection From Sexual Exploi4 tation and Abuse in Humanitarian Crises six core prin5 ciples for the protection of beneficiaries of humanitarian 

6 assistance. 

7 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

8 ASSISTANCE FUND

9 For necessary expenses to carry out the provisions 

10 of section 2(c) of the Migration and Refugee Assistance 

11 Act of 1962, as amended (22 U.S.C. 2601(c)), 

12 $15,831,000, to remain available until expended. 

13 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

14 RELATED PROGRAMS

15 For necessary expenses for nonproliferation, anti-ter16 rorism, demining and related programs and activities, 

17 $335,200,000, to carry out the provisions of chapter 8 of 

18 part II of the Foreign Assistance Act of 1961 for anti19 terrorism assistance, chapter 9 of part II of the Foreign 

20 Assistance Act of 1961, section 504 of the FREEDOM 

21 Support Act, section 23 of the Arms Export Control Act 

22 or the Foreign Assistance Act of 1961 for demining activi23 ties, the clearance of unexploded ordnance, the destruction 

24 of small arms, and related activities, notwithstanding any 

25 other provision of law, including activities implemented 

26 through nongovernmental and international organizations, 
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1 and section 301 of the Foreign Assistance Act of 1961 

2 for a voluntary contribution to the International Atomic 

3 Energy Agency (IAEA) and for a United States contribu4 tion to the Comprehensive Nuclear Test Ban Treaty Pre5 paratory Commission: Provided further, That of this 

6 amount not to exceed $20,000,000, to remain available 

7 until expended, may be made available for the Non8 proliferation and Disarmament Fund, notwithstanding 

9 any other provision of law, to promote bilateral and multi10 lateral activities relating to nonproliferation and disar11 mament: Provided further, That such funds may also be 

12 used for such countries other than the Independent States 

13 of the former Soviet Union and international organiza14 tions when it is in the national security interest of the 

15 United States to do so following consultation with the ap16 propriate committees of Congress: Provided further, That 

17 funds appropriated under this heading may be made avail18 able for the International Atomic Energy Agency only if 

19 the Secretary of State determines (and so reports to the 

20 Congress) that Israel is not being denied its right to par21 ticipate in the activities of that Agency: Provided further,

22 That of the funds made available for demining and related 

23 activities, not to exceed $690,000, in addition to funds 

24 otherwise available for such purposes, may be used for ad-
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1 ministrative expenses related to the operation and man2 agement of the demining program. 

3 DEPARTMENT OF THE TREASURY

4 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

5 For necessary expenses to carry out the provisions 

6 of section 129 of the Foreign Assistance Act of 1961, 

7 $19,000,000, to remain available until September 30, 

8 2006, which shall be available notwithstanding any other 

9 provision of law. 

10 DEBT RESTRUCTURING

11 For the cost, as defined in section 502 of the Con12 gressional Budget Act of 1974, of modifying loans and 

13 loan guarantees, as the President may determine, for 

14 which funds have been appropriated or otherwise made 

15 available for programs within the International Affairs 

16 Budget Function 150, including the cost of selling, reduc17 ing, or canceling amounts owed to the United States as 

18 a result of concessional loans made to eligible countries, 

19 pursuant to parts IV and V of the Foreign Assistance Act 

20 of 1961, and of modifying concessional credit agreements 

21 with least developed countries, as authorized under section 

22 411 of the Agricultural Trade Development and Assist23 ance Act of 1954, as amended, and concessional loans, 

24 guarantees and credit agreements, as authorized under 

25 section 572 of the Foreign Operations, Export Financing, 

26 and Related Programs Appropriations Act, 1989 (Public 
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1 Law 100–461), and of canceling amounts owed, as a result 

2 of loans or guarantees made pursuant to the Export-Im3 port Bank Act of 1945, by countries that are eligible for 

4 debt reduction pursuant to title V of H.R. 3425 as enacted 

5 into law by section 1000(a)(5) of Public Law 106–113, 

6 $95,000,000, to remain available until September 30, 

7 2005: Provided, That $20,000,000 of the funds appro8 priated under this heading may be made available to carry 

9 out the provisions of part V of the Foreign Assistance Act 

10 of 1961: Provided further, That $75,000,000 of the funds 

11 appropriated under this heading may be used by the Sec12 retary of the Treasury to pay to the Heavily Indebted Poor 

13 Countries (HIPC) Trust Fund administered by the Inter14 national Bank for Reconstruction and Development 

15 amounts for the benefit of countries that are eligible for 

16 debt reduction pursuant to title V of H.R. 3425 as enacted 

17 into law by section 1000(a)(5) of Public Law 106–113: 

18 Provided further, That amounts paid to the HIPC Trust 

19 Fund may be used only to fund debt reduction under the 

20 enhanced HIPC initiative by—

21 (1) the Inter-American Development Bank; 

22 (2) the African Development Fund; 

23 (3) the African Development Bank; and 

24 (4) the Central American Bank for Economic 

25 Integration: 
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1 Provided further, That funds may not be paid to the HIPC 

2 Trust Fund for the benefit of any country if the Secretary 

3 of State has credible evidence that the government of such 

4 country is engaged in a consistent pattern of gross viola5 tions of internationally recognized human rights or in mili6 tary or civil conflict that undermines its ability to develop 

7 and implement measures to alleviate poverty and to devote 

8 adequate human and financial resources to that end: Pro9 vided further, That on the basis of final appropriations, 

10 the Secretary of the Treasury shall consult with the Com11 mittees on Appropriations concerning which countries and 

12 international financial institutions are expected to benefit 

13 from a United States contribution to the HIPC Trust 

14 Fund during the fiscal year: Provided further, That the 

15 Secretary of the Treasury shall inform the Committees on 

16 Appropriations not less than 15 days in advance of the 

17 signature of an agreement by the United States to make 

18 payments to the HIPC Trust Fund of amounts for such 

19 countries and institutions: Provided further, That the Sec20 retary of the Treasury may disburse funds designated for 

21 debt reduction through the HIPC Trust Fund only for the 

22 benefit of countries that—

23 (1) have committed, for a period of 24 months, 

24 not to accept new market rate loans from the inter25 national financial institution receiving debt repay-
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1 ment as a result of such disbursement, other than 

2 loans made by such institution to export-oriented 

3 commercial projects that generate foreign exchange 

4 which are generally referred to as ‘‘enclave’’ loans; 

5 and 

6 (2) have documented and demonstrated their 

7 commitment to redirect their budgetary resources 

8 from international debt repayments to programs to 

9 alleviate poverty and promote economic growth that 

10 are additional to or expand upon those previously 

11 available for such purposes: Provided further, That 

12 any limitation of subsection (e) of section 411 of the 

13 Agricultural Trade Development and Assistance Act 

14 of 1954 shall not apply to funds appropriated under 

15 this heading: Provided further, That none of the 

16 funds made available under this heading in this or 

17 any other appropriations Acts shall be made avail18 able for Sudan or Burma unless the Secretary of 

19 Treasury determines and notifies the Committees on 

20 Appropriations that a democratically elected govern21 ment has taken office. 
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1 TITLE III—MILITARY ASSISTANCE 

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 INTERNATIONAL MILITARY EDUCATION AND TRAINING

4 For necessary expenses to carry out the provisions 

5 of section 541 of the Foreign Assistance Act of 1961, 

6 $91,700,000 (reduced by $600,000), of which up to 

7 $3,000,000 may remain available until expended: Pro8 vided, That the civilian personnel for whom military edu9 cation and training may be provided under this heading 

10 may include civilians who are not members of a govern11 ment whose participation would contribute to improved 

12 civil-military relations, civilian control of the military, or 

13 respect for human rights: Provided further, That funds ap14 propriated under this heading for military education and 

15 training for Guatemala may only be available for expanded 

16 international military education and training and funds 

17 made available for Nigeria and Guatemala may only be 

18 provided through the regular notification procedures of the 

19 Committees on Appropriations. 

20 FOREIGN MILITARY FINANCING PROGRAM

21 For expenses necessary for grants to enable the 

22 President to carry out the provisions of section 23 of the 

23 Arms Export Control Act, $4,314,000,000: Provided, That 

24 of the funds appropriated under this heading, not less 

25 than $2,160,000,000 shall be available for grants only for 

26 Israel, and not less than $1,300,000,000 shall be made 
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1 available for grants only for Egypt: Provided further, That 

2 the funds appropriated by this paragraph for Israel shall 

3 be disbursed within 30 days of the enactment of this Act: 

4 Provided further, That to the extent that the Government 

5 of Israel requests that funds be used for such purposes, 

6 grants made available for Israel by this paragraph shall, 

7 as agreed by Israel and the United States, be available 

8 for advanced weapons systems, of which not less than 

9 $568,000,000 shall be available for the procurement in 

10 Israel of defense articles and defense services, including 

11 research and development: Provided further, That funds 

12 appropriated by this paragraph shall be nonrepayable not13 withstanding any requirement in section 23 of the Arms 

14 Export Control Act: Provided further, That funds made 

15 available under this paragraph shall be obligated upon ap16 portionment in accordance with paragraph (5)(C) of title 

17 31, United States Code, section 1501(a). 

18 None of the funds made available under this heading 

19 shall be available to finance the procurement of defense 

20 articles, defense services, or design and construction serv21 ices that are not sold by the United States Government 

22 under the Arms Export Control Act unless the foreign 

23 country proposing to make such procurements has first 

24 signed an agreement with the United States Government 

25 specifying the conditions under which such procurements 
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1 may be financed with such funds: Provided, That all coun2 try and funding level increases in allocations shall be sub3 mitted through the regular notification procedures of sec4 tion 515 of this Act: Provided further, That none of the 

5 funds appropriated under this heading shall be available 

6 for assistance for Indonesia, Guatemala, Sudan, and Libe7 ria: Provided further, That funds made available under 

8 this heading may be used, notwithstanding any other pro9 vision of law, for demining, the clearance of unexploded 

10 ordnance, and related activities, and may include activities 

11 implemented through nongovernmental and international 

12 organizations: Provided further, That only those countries 

13 for which assistance was justified for the ‘‘Foreign Mili14 tary Sales Financing Program’’ in the fiscal year 1989 

15 congressional presentation for security assistance pro16 grams may utilize funds made available under this heading 

17 for procurement of defense articles, defense services or de18 sign and construction services that are not sold by the 

19 United States Government under the Arms Export Con20 trol Act: Provided further, That funds appropriated under 

21 this heading shall be expended at the minimum rate nec22 essary to make timely payment for defense articles and 

23 services: Provided further, That not more than 

24 $40,500,000 of the funds appropriated under this heading 

25 may be obligated for necessary expenses, including the 
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1 purchase of passenger motor vehicles for replacement only 

2 for use outside of the United States, for the general costs 

3 of administering military assistance and sales: Provided 

4 further, That not more than $361,000,000 of funds real5 ized pursuant to section 21(e)(1)(A) of the Arms Export 

6 Control Act may be obligated for expenses incurred by the 

7 Department of Defense during fiscal year 2004 pursuant 

8 to section 43(b) of the Arms Export Control Act, except 

9 that this limitation may be exceeded only through the reg10 ular notification procedures of the Committees on Appro11 priations: Provided further, That foreign military financing 

12 program funds estimated to be outlayed for Egypt during 

13 fiscal year 2004 shall be transferred to an interest bearing 

14 account for Egypt in the Federal Reserve Bank of New 

15 York within 30 days of enactment of this Act. 

16 PEACEKEEPING OPERATIONS

17 For necessary expenses to carry out the provisions 

18 of section 551 of the Foreign Assistance Act of 1961, 

19 $85,000,000: Provided, That none of the funds appro20 priated under this heading shall be obligated or expended 

21 except as provided through the regular notification proce22 dures of the Committees on Appropriations. 
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1 TITLE IV—MULTILATERAL ECONOMIC 

2 ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL FINANCIAL INSTITUTIONS

5 GLOBAL ENVIRONMENT FACILITY

6 For the United States contribution for the Global En7 vironment Facility, $107,500,000, to the International 

8 Bank for Reconstruction and Development as trustee for 

9 the Global Environment Facility, by the Secretary of the 

10 Treasury, to remain available until expended. 

11 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

12 ASSOCIATION

13 For payment to the International Development Asso14 ciation by the Secretary of the Treasury, $850,000,000, 

15 to remain available until expended. 

16 CONTRIBUTION TO THE MULTILATERAL INVESTMENT

17 GUARANTEE AGENCY

18 For payment to the Multilateral Investment Guar19 antee Agency by the Secretary of the Treasury, 

20 $4,001,672, for the United States paid-in share of the in21 crease in capital stock, to remain available until expended. 

22 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

23 The United States Governor of the Multilateral In24 vestment Guarantee Agency may subscribe without fiscal 

25 year limitation for the callable capital portion of the 
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1 United States share of such capital stock in an amount 

2 not to exceed $16,339,982. 

3 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

4 MULTILATERAL INVESTMENT FUND

5 For payment to the Enterprise for the Americas Mul6 tilateral Investment Fund by the Secretary of the Treas7 ury, for the United States contribution to the fund, 

8 $25,000,000, to remain available until expended. 

9 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

10 For the United States contribution by the Secretary 

11 of the Treasury to the increase in resources of the Asian 

12 Development Fund, as authorized by the Asian Develop13 ment Bank Act, as amended, $151,921,405, to remain 

14 available until expended. 

15 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

16 For payment to the African Development Bank by 

17 the Secretary of the Treasury, $5,104,930, for the United 

18 States paid-in share of the increase in capital stock, to 

19 remain available until expended. 

20 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

21 The United States Governor of the African Develop22 ment Bank may subscribe without fiscal year limitation 

23 for the callable capital portion of the United States share 

24 of such capital stock in an amount not to exceed 

25 $79,609,817. 
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1 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

2 For the United States contribution by the Secretary 

3 of the Treasury to the increase in resources of the African 

4 Development Fund, $107,370,856, to remain available 

5 until expended. 

6 CONTRIBUTION TO THE EUROPEAN BANK FOR

7 RECONSTRUCTION AND DEVELOPMENT

8 For payment to the European Bank for Reconstruc9 tion and Development by the Secretary of the Treasury, 

10 $35,431,111 for the United States share of the paid-in 

11 portion of the increase in capital stock, to remain available 

12 until expended. 

13 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

14 The United States Governor of the European Bank 

15 for Reconstruction and Development may subscribe with16 out fiscal year limitation to the callable capital portion of 

17 the United States share of such capital stock in an amount 

18 not to exceed $122,085,497. 

19 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

20 AGRICULTURAL DEVELOPMENT

21 For the United States contribution by the Secretary 

22 of the Treasury to increase the resources of the Inter23 national Fund for Agricultural Development, 

24 $15,004,042, to remain available until expended. 
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1 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

2 For necessary expenses to carry out the provisions 

3 of section 301 of the Foreign Assistance Act of 1961, and 

4 of section 2 of the United Nations Environment Program 

5 Participation Act of 1973, $194,550,000: Provided, That 

6 none of the funds appropriated under this heading may 

7 be made available to the Korean Peninsula Energy Devel8 opment Organization (KEDO) or the International Atomic 

9 Energy Agency (IAEA). 

10 TITLE V—GENERAL PROVISIONS 

11 COMPENSATION FOR UNITED STATES EXECUTIVE

12 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

13 SEC. 501. (a) No funds appropriated by this Act may 

14 be made as payment to any international financial institu15 tion while the United States Executive Director to such 

16 institution is compensated by the institution at a rate 

17 which, together with whatever compensation such Director 

18 receives from the United States, is in excess of the rate 

19 provided for an individual occupying a position at level IV 

20 of the Executive Schedule under section 5315 of title 5, 

21 United States Code, or while any alternate United States 

22 Director to such institution is compensated by the institu23 tion at a rate in excess of the rate provided for an indi24 vidual occupying a position at level V of the Executive 
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1 Schedule under section 5316 of title 5, United States 

2 Code. 

3 (b) For purposes of this section, ‘‘international finan4 cial institutions’’ are: the International Bank for Recon5 struction and Development, the Inter-American Develop6 ment Bank, the Asian Development Bank, the Asian De7 velopment Fund, the African Development Bank, the Afri8 can Development Fund, the International Monetary Fund, 

9 the North American Development Bank, and the Euro10 pean Bank for Reconstruction and Development. 

11 PRIVATE AND VOLUNTARY ORGANIZATIONS

12 SEC. 502. None of the funds appropriated or other13 wise made available by this Act for development assistance 

14 may be made available to any United States private and 

15 voluntary organization, except any cooperative develop16 ment organization, which obtains less than 20 percent of 

17 its total annual funding for international activities from 

18 sources other than the United States Government: Pro19 vided, That the Administrator of the United States Agen20 cy for International Development, after informing the 

21 Committees on Appropriations, may, on a case-by-case 

22 basis, waive the restriction contained in this subsection, 

23 after taking into account the effectiveness of the overseas 

24 development activities of the organization, its level of vol25 unteer support, its financial viability and stability, and the 
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1 degree of its dependence for its financial support on the 

2 agency. 

3 LIMITATION ON RESIDENCE EXPENSES

4 SEC. 503. Of the funds appropriated or made avail5 able pursuant to this Act, not to exceed $100,500 shall 

6 be for official residence expenses of the United States 

7 Agency for International Development during the current 

8 fiscal year: Provided, That appropriate steps shall be 

9 taken to assure that, to the maximum extent possible, 

10 United States-owned foreign currencies are utilized in lieu 

11 of dollars. 

12 LIMITATION ON EXPENSES

13 SEC. 504. Of the funds appropriated or made avail14 able pursuant to this Act, not to exceed $5,000 shall be 

15 for entertainment expenses of the United States Agency 

16 for International Development during the current fiscal 

17 year. 

18 LIMITATION ON REPRESENTATIONAL ALLOWANCES

19 SEC. 505. Of the funds appropriated or made avail20 able pursuant to this Act, not to exceed $125,000 shall 

21 be available for representation allowances for the United 

22 States Agency for International Development during the 

23 current fiscal year: Provided, That appropriate steps shall 

24 be taken to assure that, to the maximum extent possible, 

25 United States-owned foreign currencies are utilized in lieu 

26 of dollars: Provided further, That of the funds made avail-
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1 able by this Act for general costs of administering military 

2 assistance and sales under the heading ‘‘Foreign Military 

3 Financing Program’’, not to exceed $2,000 shall be avail4 able for entertainment expenses and not to exceed 

5 $125,000 shall be available for representation allowances: 

6 Provided further, That of the funds made available by this 

7 Act under the heading ‘‘International Military Education 

8 and Training’’, not to exceed $50,000 shall be available 

9 for entertainment allowances: Provided further, That of 

10 the funds made available by this Act for the Inter-Amer11 ican Foundation, not to exceed $2,000 shall be available 

12 for entertainment and representation allowances: Provided 

13 further, That of the funds made available by this Act for 

14 the Peace Corps, not to exceed a total of $4,000 shall be 

15 available for entertainment expenses: Provided further,

16 That of the funds made available by this Act under the 

17 heading ‘‘Trade and Development Agency’’, not to exceed 

18 $2,000 shall be available for representation and entertain19 ment allowances. 

20 PROHIBITION ON TAXATION OF UNITED STATES

21 ASSISTANCE

22 SEC. 506. (a) PROHIBITION ON TAXATION.—None of 

23 the funds appropriated by this Act may be made available 

24 to provide assistance for a foreign country under a new 

25 bilateral agreement governing the terms and conditions 

26 under which such assistance is to be provided unless such 
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1 agreement includes a provision stating that assistance pro2 vided by the United States shall be exempt from taxation, 

3 or reimbursed, by the foreign government, and the Sec4 retary of State shall expeditiously seek to negotiate 

5 amendments to existing bilateral agreements, as nec6 essary, to conform with this requirement. 

7 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 

8 amount equivalent to 200 percent of the total taxes as9 sessed during fiscal year 2004 by a foreign government 

10 or entity against commodities financed under United 

11 States assistance programs for which funds are appro12 priated by this Act, either directly or through grantees, 

13 contractors and subcontractors shall be withheld from ob14 ligation from funds appropriated for assistance for fiscal 

15 year 2005 and allocated for the central government of 

16 such country and for the West Bank and Gaza Program 

17 to the extent that the Secretary of State certifies and re18 ports in writing to the Committees on Appropriations that 

19 such taxes have not been reimbursed to the Government 

20 of the United States. 

21 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 

22 minimis nature shall not be subject to the provisions of 

23 subsection (b). 

24 (d) REFUND TO THE TREASURY AND REPROGRAM25 MING OF FUNDS.—Of the funds withheld from obligation 
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1 for each country or entity pursuant to subsection (b), one2 half may become available for reprogramming for other 

3 purposes (pursuant to section 515 of this Act and con4 sistent with the purposes for which such funds were origi5 nally appropriated) and one-half shall be deposited in the 

6 General Fund of the Treasury on, or within 5 days after, 

7 September 1, 2005, pursuant to the certification required 

8 under subsection (b). 

9 (e) IMPLEMENTATION.—The Secretary of State shall 

10 issue rules, regulations, or policy guidance, as appropriate, 

11 to implement the prohibition against the taxation of assist12 ance contained in this section. 

13 (f) DEFINITIONS.—As used in this section—

14 (1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to 

15 value added taxes and customs duties imposed on 

16 commodities financed with United States assistance 

17 for programs for which funds are appropriated by 

18 this Act; and 

19 (2) the term ‘‘bilateral agreement’’ refers to a 

20 framework bilateral agreement between the Govern21 ment of the United States and the government of 

22 the country receiving assistance that describes the 

23 privileges and immunities applicable to United 

24 States foreign assistance for such country generally, 

25 or an individual agreement between the Government 
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1 of the United States and such government that de2 scribes, among other things, the treatment for tax 

3 purposes that will be accorded the United States as4 sistance provided under that agreement. 

5 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

6 COUNTRIES

7 SEC. 507. None of the funds appropriated or other8 wise made available pursuant to this Act shall be obligated 

9 or expended to finance directly any assistance or repara10 tions to Cuba, Libya, North Korea, Iran, or Syria: Pro11 vided, That for purposes of this section, the prohibition 

12 on obligations or expenditures shall include direct loans, 

13 credits, insurance and guarantees of the Export-Import 

14 Bank or its agents. 

15 MILITARY COUPS

16 SEC. 508. None of the funds appropriated or other17 wise made available pursuant to this Act shall be obligated 

18 or expended to finance directly any assistance to the gov19 ernment of any country whose duly elected head of govern20 ment is deposed by decree or military coup: Provided, That 

21 assistance may be resumed to such government if the 

22 President determines and certifies to the Committees on 

23 Appropriations that subsequent to the termination of as24 sistance a democratically elected government has taken of25 fice: Provided further, That the provisions of this section 

26 shall not apply to assistance to promote democratic elec-
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1 tions or public participation in democratic processes: Pro2 vided further, That funds made available pursuant to the 

3 previous provisos shall be subject to the regular notifica4 tion procedures of the Committees on Appropriations. 

5 TRANSFERS

6 SEC. 509. (a)(1) LIMITATION ON TRANSFERS BE7 TWEEN AGENCIES.—None of the funds made available by 

8 this Act may be transferred to any department, agency, 

9 or instrumentality of the United States Government, ex10 cept pursuant to a transfer made by, or transfer authority 

11 provided in, this Act or any other appropriation Act. 

12 (2) Notwithstanding paragraph (1), in addition to 

13 transfers made by, or authorized elsewhere in, this Act, 

14 funds appropriated by this Act to carry out the purposes 

15 of the Foreign Assistance Act of 1961 may be allocated 

16 or transferred to agencies of the United States Govern17 ment pursuant to the provisions of sections 109, 610, and 

18 632 of the Foreign Assistance Act of 1961. 

19 (b) None of the funds made available by this Act may 

20 be obligated under an appropriation account to which they 

21 were not appropriated, except for transfers specifically 

22 provided for in this Act, unless the President, not less than 

23 five days prior to the exercise of any authority contained 

24 in the Foreign Assistance Act of 1961 to transfer funds, 

25 consults with and provides a written policy justification 
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1 to the Committees on Appropriations of the House of Rep2 resentatives and the Senate. 

3 (c) Any agreement for the transfer or allocation of 

4 funds appropriated by this Act, or prior Acts, entered into 

5 between the United States Agency for International Devel6 opment and another agency of the United States Govern7 ment under the authority of section 632(a) of the Foreign 

8 Assistance Act of 1961 or any comparable provision of 

9 law, shall expressly provide that the Office of the Inspector 

10 General for the agency receiving the transfer or allocation 

11 of such funds shall perform periodic program and financial 

12 audits of the use of such funds: Provided, That funds 

13 transferred under such authority may be made available 

14 for the cost of such audits. 

15 COMMERCIAL LEASING OF DEFENSE ARTICLES

16 SEC. 510. Notwithstanding any other provision of 

17 law, and subject to the regular notification procedures of 

18 the Committees on Appropriations, the authority of sec19 tion 23(a) of the Arms Export Control Act may be used 

20 to provide financing to Israel, Egypt and NATO and 

21 major non-NATO allies for the procurement by leasing 

22 (including leasing with an option to purchase) of defense 

23 articles from United States commercial suppliers, not in24 cluding Major Defense Equipment (other than helicopters 

25 and other types of aircraft having possible civilian applica26 tion), if the President determines that there are compel-
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1 ling foreign policy or national security reasons for those 

2 defense articles being provided by commercial lease rather 

3 than by government-to-government sale under such Act. 

4 AVAILABILITY OF FUNDS

5 SEC. 511. No part of any appropriation contained in 

6 this Act shall remain available for obligation after the ex7 piration of the current fiscal year unless expressly so pro8 vided in this Act: Provided, That funds appropriated for 

9 the purposes of chapters 1, 8, 11, and 12 of part I, section 

10 667, chapter 4 of part II of the Foreign Assistance Act 

11 of 1961, as amended, section 23 of the Arms Export Con12 trol Act, and funds provided under the heading ‘‘Assist13 ance for Eastern Europe and the Baltic States’’, shall re14 main available for an additional four years from the date 

15 on which the availability of such funds would otherwise 

16 have expired, if such funds are initially obligated before 

17 the expiration of their respective periods of availability 

18 contained in this Act: Provided further, That, notwith19 standing any other provision of this Act, any funds made 

20 available for the purposes of chapter 1 of part I and chap21 ter 4 of part II of the Foreign Assistance Act of 1961 

22 which are allocated or obligated for cash disbursements 

23 in order to address balance of payments or economic policy 

24 reform objectives, shall remain available until expended. 
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1 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

2 SEC. 512. No part of any appropriation contained in 

3 this Act shall be used to furnish assistance to the govern4 ment of any country which is in default during a period 

5 in excess of one calendar year in payment to the United 

6 States of principal or interest on any loan made to the 

7 government of such country by the United States pursuant 

8 to a program for which funds are appropriated under this 

9 Act unless the President determines, following consulta10 tions with the Committees on Appropriations, that assist11 ance to such country is in the national interest of the 

12 United States. 

13 COMMERCE AND TRADE

14 SEC. 513. (a) None of the funds appropriated or 

15 made available pursuant to this Act for direct assistance 

16 and none of the funds otherwise made available pursuant 

17 to this Act to the Export-Import Bank and the Overseas 

18 Private Investment Corporation shall be obligated or ex19 pended to finance any loan, any assistance or any other 

20 financial commitments for establishing or expanding pro21 duction of any commodity for export by any country other 

22 than the United States, if the commodity is likely to be 

23 in surplus on world markets at the time the resulting pro24 ductive capacity is expected to become operative and if the 

25 assistance will cause substantial injury to United States 

26 producers of the same, similar, or competing commodity: 
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1 Provided, That such prohibition shall not apply to the Ex2 port-Import Bank if in the judgment of its Board of Direc3 tors the benefits to industry and employment in the 

4 United States are likely to outweigh the injury to United 

5 States producers of the same, similar, or competing com6 modity, and the Chairman of the Board so notifies the 

7 Committees on Appropriations. 

8 (b) None of the funds appropriated by this or any 

9 other Act to carry out chapter 1 of part I of the Foreign 

10 Assistance Act of 1961 shall be available for any testing 

11 or breeding feasibility study, variety improvement or intro12 duction, consultancy, publication, conference, or training 

13 in connection with the growth or production in a foreign 

14 country of an agricultural commodity for export which 

15 would compete with a similar commodity grown or pro16 duced in the United States: Provided, That this subsection 

17 shall not prohibit—

18 (1) activities designed to increase food security 

19 in developing countries where such activities will not 

20 have a significant impact on the export of agricul21 tural commodities of the United States; or 

22 (2) research activities intended primarily to 

23 benefit American producers. 

24 SURPLUS COMMODITIES

25 SEC. 514. The Secretary of the Treasury shall in26 struct the United States Executive Directors of the Inter-
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1 national Bank for Reconstruction and Development, the 

2 International Development Association, the International 

3 Finance Corporation, the Inter-American Development 

4 Bank, the International Monetary Fund, the Asian Devel5 opment Bank, the Inter-American Investment Corpora6 tion, the North American Development Bank, the Euro7 pean Bank for Reconstruction and Development, the Afri8 can Development Bank, and the African Development 

9 Fund to use the voice and vote of the United States to 

10 oppose any assistance by these institutions, using funds 

11 appropriated or made available pursuant to this Act, for 

12 the production or extraction of any commodity or mineral 

13 for export, if it is in surplus on world markets and if the 

14 assistance will cause substantial injury to United States 

15 producers of the same, similar, or competing commodity. 

16 NOTIFICATION REQUIREMENTS

17 SEC. 515. For the purposes of providing the executive 

18 branch with the necessary administrative flexibility, none 

19 of the funds made available under this Act for ‘‘Child Sur20 vival and Health Programs Fund’’, ‘‘Development Assist21 ance’’, ‘‘International Organizations and Programs’’, 

22 ‘‘Trade and Development Agency’’, ‘‘International Nar23 cotics Control and Law Enforcement’’, ‘‘Andean 

24 Counterdrug Initiative’’, ‘‘Assistance for Eastern Europe 

25 and the Baltic States’’, ‘‘Assistance for the Independent 

26 States of the Former Soviet Union’’, ‘‘Economic Support 
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1 Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Capital Investment 

2 Fund’’, ‘‘Operating Expenses of the United States Agency 

3 for International Development’’, ‘‘Operating Expenses of 

4 the United States Agency for International Development 

5 Office of Inspector General’’, ‘‘Nonproliferation, Anti-ter6 rorism, Demining and Related Programs’’, ‘‘Millennium 

7 Challenge Account’’ (by country only), ‘‘Foreign Military 

8 Financing Program’’, ‘‘International Military Education 

9 and Training’’, ‘‘Peace Corps’’, and ‘‘Migration and Ref10 ugee Assistance’’, shall be available for obligation for ac11 tivities, programs, projects, type of materiel assistance, 

12 countries, or other operations not justified or in excess of 

13 the amount justified to the Committees on Appropriations 

14 for obligation under any of these specific headings unless 

15 the Committees on Appropriations of both Houses of Con16 gress are previously notified 15 days in advance: Provided, 

17 That the President shall not enter into any commitment 

18 of funds appropriated for the purposes of section 23 of 

19 the Arms Export Control Act for the provision of major 

20 defense equipment, other than conventional ammunition, 

21 or other major defense items defined to be aircraft, ships, 

22 missiles, or combat vehicles, not previously justified to 

23 Congress or 20 percent in excess of the quantities justified 

24 to Congress unless the Committees on Appropriations are 

25 notified 15 days in advance of such commitment: Provided 
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1 further, That this section shall not apply to any re2 programming for an activity, program, or project for 

3 which funds are appropriated under title II of this Act 

4 of less than 10 percent of the amount previously justified 

5 to the Congress for obligation for such activity, program, 

6 or project for the current fiscal year: Provided further, 

7 That the requirements of this section or any similar provi8 sion of this Act or any other Act, including any prior Act 

9 requiring notification in accordance with the regular noti10 fication procedures of the Committees on Appropriations, 

11 may be waived if failure to do so would pose a substantial 

12 risk to human health or welfare: Provided further, That 

13 in case of any such waiver, notification to the Congress, 

14 or the appropriate congressional committees, shall be pro15 vided as early as practicable, but in no event later than 

16 3 days after taking the action to which such notification 

17 requirement was applicable, in the context of the cir18 cumstances necessitating such waiver: Provided further, 

19 That any notification provided pursuant to such a waiver 

20 shall contain an explanation of the emergency cir21 cumstances. 

22 LIMITATION ON AVAILABILITY OF FUNDS FOR

23 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

24 SEC. 516. Subject to the regular notification proce25 dures of the Committees on Appropriations, funds appro26 priated under this Act or any previously enacted Act mak-
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1 ing appropriations for foreign operations, export financ2 ing, and related programs, which are returned or not made 

3 available for organizations and programs because of the 

4 implementation of section 307(a) of the Foreign Assist5 ance Act of 1961, shall remain available for obligation 

6 until September 30, 2005. 

7 INDEPENDENT STATES OF THE FORMER SOVIET UNION

8 SEC. 517. (a) None of the funds appropriated under 

9 the heading ‘‘Assistance for the Independent States of the 

10 Former Soviet Union’’ shall be made available for assist11 ance for a government of an Independent State of the 

12 former Soviet Union—

13 (1) unless that government is making progress 

14 in implementing comprehensive economic reforms 

15 based on market principles, private ownership, re16 spect for commercial contracts, and equitable treat17 ment of foreign private investment; and 

18 (2) if that government applies or transfers 

19 United States assistance to any entity for the pur20 pose of expropriating or seizing ownership or control 

21 of assets, investments, or ventures. 

22 Assistance may be furnished without regard to this sub23 section if the President determines that to do so is in the 

24 national interest. 

25 (b) None of the funds appropriated under the heading 

26 ‘‘Assistance for the Independent States of the Former So-
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1 viet Union’’ shall be made available for assistance for a 

2 government of an Independent State of the former Soviet 

3 Union if that government directs any action in violation 

4 of the territorial integrity or national sovereignty of any 

5 other Independent State of the former Soviet Union, such 

6 as those violations included in the Helsinki Final Act: Pro7 vided, That such funds may be made available without re8 gard to the restriction in this subsection if the President 

9 determines that to do so is in the national security interest 

10 of the United States. 

11 (c) None of the funds appropriated under the heading 

12 ‘‘Assistance for the Independent States of the Former So13 viet Union’’ shall be made available for any state to en14 hance its military capability: Provided, That this restric15 tion does not apply to demilitarization, demining or non16 proliferation programs. 

17 (d) Funds appropriated under the heading ‘‘Assist18 ance for the Independent States of the Former Soviet 

19 Union’’ for the Russian Federation, Armenia, Georgia, 

20 and Ukraine shall be subject to the regular notification 

21 procedures of the Committees on Appropriations. 

22 (e) Funds made available in this Act for assistance 

23 for the Independent States of the former Soviet Union 

24 shall be subject to the provisions of section 117 (relating 
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1 to environment and natural resources) of the Foreign As2 sistance Act of 1961. 

3 (f) Funds made available for Enterprise Funds shall 

4 be expended at the minimum rate necessary to make time5 ly payment for projects and activities. 

6 (g) In issuing new task orders, entering into con7 tracts, or making grants, with funds appropriated in this 

8 Act or prior appropriations Acts under the heading ‘‘As9 sistance for the Independent States of the Former Soviet 

10 Union’’ and under comparable headings in prior appro11 priations Acts, for projects or activities that have as one 

12 of their primary purposes the fostering of private sector 

13 development, the Coordinator for United States Assistance 

14 to the New Independent States and the implementing 

15 agency shall encourage the participation of and give sig16 nificant weight to contractors and grantees who propose 

17 investing a significant amount of their own resources (in18 cluding volunteer services and in-kind contributions) in 

19 such projects and activities. 

20 PROHIBITION ON FUNDING FOR ABORTIONS AND

21 INVOLUNTARY STERILIZATION

22 SEC. 518. None of the funds made available to carry 

23 out part I of the Foreign Assistance Act of 1961, as 

24 amended, may be used to pay for the performance of abor25 tions as a method of family planning or to motivate or 

26 coerce any person to practice abortions. None of the funds 
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1 made available to carry out part I of the Foreign Assist2 ance Act of 1961, as amended, may be used to pay for 

3 the performance of involuntary sterilization as a method 

4 of family planning or to coerce or provide any financial 

5 incentive to any person to undergo sterilizations. None of 

6 the funds made available to carry out part I of the Foreign 

7 Assistance Act of 1961, as amended, may be used to pay 

8 for any biomedical research which relates in whole or in 

9 part, to methods of, or the performance of, abortions or 

10 involuntary sterilization as a means of family planning. 

11 None of the funds made available to carry out part I of 

12 the Foreign Assistance Act of 1961, as amended, may be 

13 obligated or expended for any country or organization if 

14 the President certifies that the use of these funds by any 

15 such country or organization would violate any of the 

16 above provisions related to abortions and involuntary steri17 lizations. 

18 EXPORT FINANCING TRANSFER AUTHORITIES

19 SEC. 519. Not to exceed 5 percent of any appropria20 tion other than for administrative expenses made available 

21 for fiscal year 2004, for programs under title I of this 

22 Act may be transferred between such appropriations for 

23 use for any of the purposes, programs, and activities for 

24 which the funds in such receiving account may be used, 

25 but no such appropriation, except as otherwise specifically 

26 provided, shall be increased by more than 25 percent by 
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1 any such transfer: Provided, That the exercise of such au2 thority shall be subject to the regular notification proce3 dures of the Committees on Appropriations. 

4 SPECIAL NOTIFICATION REQUIREMENTS

5 SEC. 520. None of the funds appropriated by this Act 

6 shall be obligated or expended for Liberia, Sudan, 

7 Zimbabwe, the Democratic Republic of the Congo, or 

8 Cambodia except as provided through the regular notifica9 tion procedures of the Committees on Appropriations. 

10 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

11 SEC. 521. For the purpose of this Act, ‘‘program, 

12 project, and activity’’ shall be defined at the appropria13 tions Act account level and shall include all appropriations 

14 and authorizations Acts earmarks, ceilings, and limita15 tions with the exception that for the following accounts: 

16 Economic Support Fund and Foreign Military Financing 

17 Program, ‘‘program, project, and activity’’ shall also be 

18 considered to include country, regional, and central pro19 gram level funding within each such account; for the devel20 opment assistance accounts of the United States Agency 

21 for International Development ‘‘program, project, and ac22 tivity’’ shall also be considered to include central, country, 

23 regional, and program level funding, either as: (1) justified 

24 to the Congress; or (2) allocated by the executive branch 

25 in accordance with a report, to be provided to the Commit26 tees on Appropriations within 30 days of the enactment 
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1 of this Act, as required by section 653(a) of the Foreign 

2 Assistance Act of 1961. 

3 CHILD SURVIVAL AND HEALTH ACTIVITIES

4 SEC. 522. Up to $13,500,000 of the funds made 

5 available by this Act for assistance under the heading 

6 ‘‘Child Survival and Health Programs Fund’’, may be 

7 used to reimburse United States Government agencies, 

8 agencies of State governments, institutions of higher 

9 learning, and private and voluntary organizations for the 

10 full cost of individuals (including for the personal services 

11 of such individuals) detailed or assigned to, or contracted 

12 by, as the case may be, the United States Agency for 

13 International Development for the purpose of carrying out 

14 activities under that heading: Provided, That up to 

15 $3,500,000 of the funds made available by this Act for 

16 assistance under the heading ‘‘Development Assistance’’ 

17 may be used to reimburse such agencies, institutions, and 

18 organizations for such costs of such individuals carrying 

19 out other development assistance activities: Provided fur20 ther, That funds appropriated by this Act that are made 

21 available for child survival activities or disease programs 

22 including activities relating to research on, and the preven23 tion, treatment and control of, HIV/AIDS may be made 

24 available notwithstanding any other provision of law ex25 cept for the provisions under the heading ‘‘Child Survival 

26 and Health Programs Fund’’, section 515 of this Act, and 
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1 sections 104(c), 104A, 104B, and 104C of the Foreign 

2 Assistance Act of 1961: Provided further, That funds ap3 propriated under titles II and III of this Act may be made 

4 available pursuant to section 301 of the Foreign Assist5 ance Act of 1961 if a primary purpose of the assistance 

6 is for child survival and related programs. 

7 AFGHANISTAN

8 SEC. 523. Of the funds appropriated by titles II and 

9 III of this Act, not less than $600,000,000 shall be made 

10 available for humanitarian, reconstruction, and related as11 sistance for Afghanistan: Provided, That of the funds 

12 made available pursuant to this section, not less than 

13 $150,000,000 should be from funds appropriated under 

14 the heading ‘‘Economic Support Fund’’. 

15 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

16 SEC. 524. Prior to providing excess Department of 

17 Defense articles in accordance with section 516(a) of the 

18 Foreign Assistance Act of 1961, the Department of De19 fense shall notify the Committees on Appropriations to the 

20 same extent and under the same conditions as are other 

21 committees pursuant to subsection (f) of that section: Pro22 vided, That before issuing a letter of offer to sell excess 

23 defense articles under the Arms Export Control Act, the 

24 Department of Defense shall notify the Committees on 

25 Appropriations in accordance with the regular notification 

26 procedures of such Committees if such defense articles are 
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1 significant military equipment (as defined in section 47(9) 

2 of the Arms Export Control Act) or are valued (in terms 

3 of original acquisition cost) at $7,000,000 or more, or if 

4 notification is required elsewhere in this Act for the use 

5 of appropriated funds for specific countries that would re6 ceive such excess defense articles: Provided further, That 

7 such Committees shall also be informed of the original ac8 quisition cost of such defense articles. 

9 USAID OVERSEAS PROGRAM

10 SEC. 525. Funds appropriated by this and subse11 quent appropriations Acts to carry out the provisions of 

12 Part I of the Foreign Assistance Act of 1961, including 

13 funds appropriated under the heading ‘‘Assistance for 

14 Eastern Europe and the Baltic States’’, may be made 

15 available to employ individuals overseas on a limited ap16 pointment basis pursuant to the authority of sections 308 

17 and 309 of the Foreign Service Act of 1980: Provided,

18 That in fiscal year 2004 the authority of this section may 

19 be used to employ not more than 85 individuals. 

20 TIBET

21 SEC. 526. Notwithstanding any other provision of law 

22 not to exceed $3,000,000 of the funds appropriated by this 

23 Act to carry out the provisions of chapter 4 of part II 

24 of the Foreign Assistance Act of 1961 may be made avail25 able to United States nongovernmental organizations lo26 cated outside the People’s Republic of China to support 
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1 activities which preserve cultural traditions and promote 

2 sustainable development and environmental conservation 

3 in Tibetan communities in Tibet: Provided, That funds 

4 made available for programs, projects, and activities for 

5 the Peoples’s Republic of China shall be subject to the 

6 regular notification procedures of the Committees on Ap7 propriations. 

8 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

9 COUNTRIES

10 SEC. 527. (a) Funds appropriated for bilateral assist11 ance under any heading of this Act and funds appro12 priated under any such heading in a provision of law en13 acted prior to the enactment of this Act, shall not be made 

14 available to any country which the President determines—

15 (1) grants sanctuary from prosecution to any 

16 individual or group which has committed an act of 

17 international terrorism; or 

18 (2) otherwise supports international terrorism. 

19 (b) The President may waive the application of sub20 section (a) to a country if the President determines that 

21 national security or humanitarian reasons justify such 

22 waiver. The President shall publish each waiver in the 

23 Federal Register and, at least 15 days before the waiver 

24 takes effect, shall notify the Committees on Appropria25 tions of the waiver (including the justification for the waiv-
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1 er) in accordance with the regular notification procedures 

2 of the Committees on Appropriations. 

3 DEBT-FOR-DEVELOPMENT

4 SEC. 528. In order to enhance the continued partici5 pation of nongovernmental organizations in debt-for-devel6 opment and debt-for-nature exchanges, a nongovern7 mental organization which is a grantee or contractor of 

8 the United States Agency for International Development 

9 may place in interest bearing accounts local currencies 

10 which accrue to that organization as a result of economic 

11 assistance provided under title II of this Act and any in12 terest earned on such investment shall be used for the pur13 pose for which the assistance was provided to that organi14 zation. 

15 SEPARATE ACCOUNTS

16 SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL

17 CURRENCIES.—(1) If assistance is furnished to the gov18 ernment of a foreign country under chapters 1 and 10 of 

19 part I or chapter 4 of part II of the Foreign Assistance 

20 Act of 1961 under agreements which result in the genera21 tion of local currencies of that country, the Administrator 

22 of the United States Agency for International Develop23 ment shall—

24 (A) require that local currencies be deposited in 

25 a separate account established by that government; 
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1 (B) enter into an agreement with that govern2 ment which sets forth—

3 (i) the amount of the local currencies to be 

4 generated; and 

5 (ii) the terms and conditions under which 

6 the currencies so deposited may be utilized, con7 sistent with this section; and 

8 (C) establish by agreement with that govern9 ment the responsibilities of the United States Agen10 cy for International Development and that govern11 ment to monitor and account for deposits into and 

12 disbursements from the separate account. 

13 (2) USES OF LOCAL CURRENCIES.—As may be 

14 agreed upon with the foreign government, local currencies 

15 deposited in a separate account pursuant to subsection 

16 (a), or an equivalent amount of local currencies, shall be 

17 used only—

18 (A) to carry out chapter 1 or 10 of part I or 

19 chapter 4 of part II (as the case may be), for such 

20 purposes as—

21 (i) project and sector assistance activities; 

22 or 

23 (ii) debt and deficit financing; or 

24 (B) for the administrative requirements of the 

25 United States Government. 
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1 (3) PROGRAMMING ACCOUNTABILITY.—The United 

2 States Agency for International Development shall take all 

3 necessary steps to ensure that the equivalent of the local 

4 currencies disbursed pursuant to subsection (a)(2)(A) 

5 from the separate account established pursuant to sub6 section (a)(1) are used for the purposes agreed upon pur7 suant to subsection (a)(2). 

8 (4) TERMINATION OF ASSISTANCE PROGRAMS.—

9 Upon termination of assistance to a country under chapter 

10 1 or 10 of part I or chapter 4 of part II (as the case 

11 may be), any unencumbered balances of funds which re12 main in a separate account established pursuant to sub13 section (a) shall be disposed of for such purposes as may 

14 be agreed to by the government of that country and the 

15 United States Government. 

16 (5) REPORTING REQUIREMENT.—The Administrator 

17 of the United States Agency for International Develop18 ment shall report on an annual basis as part of the jus19 tification documents submitted to the Committees on Ap20 propriations on the use of local currencies for the adminis21 trative requirements of the United States Government as 

22 authorized in subsection (a)(2)(B), and such report shall 

23 include the amount of local currency (and United States 

24 dollar equivalent) used and/or to be used for such purpose 

25 in each applicable country. 
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1 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—

2 (1) If assistance is made available to the government of 

3 a foreign country, under chapter 1 or 10 of part I or chap4 ter 4 of part II of the Foreign Assistance Act of 1961, 

5 as cash transfer assistance or as nonproject sector assist6 ance, that country shall be required to maintain such 

7 funds in a separate account and not commingle them with 

8 any other funds. 

9 (2) APPLICABILITY OF OTHER PROVISIONS OF

10 LAW.—Such funds may be obligated and expended not11 withstanding provisions of law which are inconsistent with 

12 the nature of this assistance including provisions which 

13 are referenced in the Joint Explanatory Statement of the 

14 Committee of Conference accompanying House Joint Res15 olution 648 (House Report No. 98–1159). 

16 (3) NOTIFICATION.—At least 15 days prior to obli17 gating any such cash transfer or nonproject sector assist18 ance, the President shall submit a notification through the 

19 regular notification procedures of the Committees on Ap20 propriations, which shall include a detailed description of 

21 how the funds proposed to be made available will be used, 

22 with a discussion of the United States interests that will 

23 be served by the assistance (including, as appropriate, a 

24 description of the economic policy reforms that will be pro25 moted by such assistance). 
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1 (4) EXEMPTION.—Nonproject sector assistance funds 

2 may be exempt from the requirements of subsection (b)(1) 

3 only through the notification procedures of the Commit4 tees on Appropriations. 

5 ENTERPRISE FUND RESTRICTIONS

6 SEC. 530. Prior to the distribution of any assets re7 sulting from any liquidation, dissolution, or winding up 

8 of an Enterprise Fund, in whole or in part, the President 

9 shall submit to the Committees on Appropriations, in ac10 cordance with the regular notification procedures of the 

11 Committees on Appropriations, a plan for the distribution 

12 of the assets of the Enterprise Fund. 

13 BURMA

14 SEC. 531. Of the funds appropriated under the head15 ing ‘‘Economic Support Fund’’, not less than $6,000,000 

16 should be made available to support democracy activities 

17 along the Burma-Thailand border, for activities of Bur18 mese student groups and other organizations located out19 side Burma, and for the purpose of supporting the provi20 sion of humanitarian assistance to displaced Burmese 

21 along Burma’s borders: Provided, That of this amount 

22 $500,000 should be made available to support newspapers, 

23 publications, and other media activities promoting democ24 racy inside Burma: Provided further, That funds made 

25 available under this heading may be made available not26 withstanding any other provision of law: Provided further,
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1 That funds made available by this section shall be subject 

2 to the regular notification procedures of the Committees 

3 on Appropriations. 

4 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

5 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

6 SEC. 532. Unless expressly provided to the contrary, 

7 provisions of this or any other Act, including provisions 

8 contained in prior Acts authorizing or making appropria9 tions for foreign operations, export financing, and related 

10 programs, shall not be construed to prohibit activities au11 thorized by or conducted under the Peace Corps Act, the 

12 Inter-American Foundation Act or the African Develop13 ment Foundation Act. The agency shall promptly report 

14 to the Committees on Appropriations whenever it is con15 ducting activities or is proposing to conduct activities in 

16 a country for which assistance is prohibited. 

17 IMPACT ON JOBS IN THE UNITED STATES

18 SEC. 533. None of the funds appropriated by this Act 

19 may be obligated or expended to provide—

20 (1) any financial incentive to a business enter21 prise currently located in the United States for the 

22 purpose of inducing such an enterprise to relocate 

23 outside the United States if such incentive or in24 ducement is likely to reduce the number of employ25 ees of such business enterprise in the United States 
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1 because United States production is being replaced 

2 by such enterprise outside the United States; or 

3 (2) assistance for any program, project, or ac4 tivity that contributes to the violation of internation5 ally recognized workers rights, as defined in section 

6 507(4) of the Trade Act of 1974, of workers in the 

7 recipient country, including any designated zone or 

8 area in that country: Provided, That the application 

9 of section 507(4)(D) and (E) of such Act should be 

10 commensurate with the level of development of the 

11 recipient country and sector, and shall not preclude 

12 assistance for the informal sector in such country, 

13 micro and small-scale enterprise, and smallholder 

14 agriculture. 

15 SPECIAL AUTHORITIES

16 SEC. 534. (a) AFGHANISTAN, PAKISTAN, LEBANON, 

17 MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, 

18 AND DISPLACED BURMESE.—Funds appropriated by this 

19 Act that are made available for assistance for Afghanistan 

20 may be made available notwithstanding section 512 of this 

21 Act and any similar provision of law and section 660 of 

22 the Foreign Assistance Act of 1961, and funds appro23 priated in titles I and II of this Act that are made avail24 able for Lebanon, Montenegro, Pakistan, and for victims 

25 of war, displaced children, and displaced Burmese, and to 

26 assist victims of trafficking in persons and, subject to the 
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1 regular notification procedures of the Committees on Ap2 propriations, to combat such trafficking, may be made 

3 available notwithstanding any other provision of law. 

4 (b) TROPICAL FORESTRY AND BIODIVERSITY CON5 SERVATION ACTIVITIES.—Funds appropriated by this Act 

6 to carry out the provisions of sections 103 through 106, 

7 and chapter 4 of part II, of the Foreign Assistance Act 

8 of 1961 may be used, notwithstanding any other provision 

9 of law, for the purpose of supporting tropical forestry and 

10 biodiversity conservation activities and energy programs 

11 aimed at reducing greenhouse gas emissions: Provided, 

12 That such assistance shall be subject to sections 116, 

13 502B, and 620A of the Foreign Assistance Act of 1961. 

14 (c) PERSONAL SERVICES CONTRACTORS.—Funds ap15 propriated by this Act to carry out chapter 1 of part I, 

16 chapter 4 of part II, and section 667 of the Foreign As17 sistance Act of 1961, and title II of the Agricultural Trade 

18 Development and Assistance Act of 1954, may be used 

19 by the United States Agency for International Develop20 ment to employ up to 20 personal services contractors in 

21 the United States, notwithstanding any other provision of 

22 law, for the purpose of providing direct, interim support 

23 for new or expanded overseas programs and activities 

24 managed by the agency until permanent direct hire per25 sonnel are hired and trained: Provided, That not more 
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1 than 7 of such contractors shall be assigned to any bureau 

2 or office: Provided further, That such funds appropriated 

3 to carry out the Foreign Assistance Act of 1961 may be 

4 made available for personal services contractors assigned 

5 only to the Office of Procurement; the Bureau for Africa; 

6 and the Bureau for Asia and the Near East: Provided fur7 ther, That such funds appropriated to carry out title II 

8 of the Agricultural Trade Development and Assistance Act 

9 of 1954, may be made available only for personal services 

10 contractors assigned to the Office of Food for Peace. 

11 (d)(1) WAIVER.—The President may waive the provi12 sions of section 1003 of Public Law 100–204 if the Presi13 dent determines and certifies in writing to the Speaker 

14 of the House of Representatives and the President pro 

15 tempore of the Senate that it is important to the national 

16 security interests of the United States. 

17 (2) PERIOD OF APPLICATION OF WAIVER.—Any 

18 waiver pursuant to paragraph (1) shall be effective for no 

19 more than a period of 6 months at a time and shall not 

20 apply beyond 12 months after the enactment of this Act. 

21 (e) SMALL BUSINESS.—In entering into multiple 

22 award indefinite-quantity contracts with funds appro23 priated by this Act, the United States Agency for Inter24 national Development may provide an exception to the fair 

25 opportunity process for placing task orders under such 
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1 contracts when the order is placed with any category of 

2 small or small disadvantaged business. 

3 (f) SHIPMENT OF HUMANITARIAN ASSISTANCE.—

4 During fiscal year 2004 and each fiscal year thereafter, 

5 of the amounts made available by the United States Agen6 cy for International Development to carry out the provi7 sions of section 123(b) of the Foreign Assistance Act of 

8 1961, funds may be made available to nongovernmental 

9 organizations for administrative costs necessary to imple10 ment a program to obtain available donated space on com11 mercial ships for the shipment of humanitarian assistance 

12 overseas. 

13 (g) RECONSTITUTING CIVILIAN POLICE AUTHOR14 ITY.—In providing assistance with funds appropriated by 

15 this Act under section 660(b)(6) of the Foreign Assistance 

16 Act of 1961, support for a nation emerging from insta17 bility may be deemed to mean support for regional, dis18 trict, municipal, or other sub-national entity emerging 

19 from instability, as well as a nation emerging from insta20 bility. 

21 (h) NATIONAL ENDOWMENT FOR DEMOCRACY.—

22 Funds appropriated by this Act that are provided to the 

23 National Endowment for Democracy may be provided not24 withstanding any other provision of law or regulation. 

25 ARAB LEAGUE BOYCOTT OF ISRAEL

26 SEC. 535. It is the sense of the Congress that—
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1 (1) the Arab League boycott of Israel, and the 

2 secondary boycott of American firms that have com3 mercial ties with Israel, is an impediment to peace 

4 in the region and to United States investment and 

5 trade in the Middle East and North Africa; 

6 (2) the Arab League boycott, which was regret7 tably reinstated in 1997, should be immediately and 

8 publicly terminated, and the Central Office for the 

9 Boycott of Israel immediately disbanded; 

10 (3) the three Arab League countries with diplo11 matic and trade relations with Israel should return 

12 their ambassadors to Israel, should refrain from 

13 downgrading their relations with Israel, and should 

14 play a constructive role in securing a peaceful reso15 lution of the Israeli-Arab conflict; 

16 (4) the remaining Arab League states should 

17 normalize relations with their neighbor Israel; 

18 (5) the President and the Secretary of State 

19 should continue to vigorously oppose the Arab 

20 League boycott of Israel and find concrete steps to 

21 demonstrate that opposition by, for example, taking 

22 into consideration the participation of any recipient 

23 country in the boycott when determining to sell 

24 weapons to said country; and 
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1 (6) the President should report to Congress an2 nually on specific steps being taken by the United 

3 States to encourage Arab League states to normalize 

4 their relations with Israel to bring about the termi5 nation of the Arab League boycott of Israel, includ6 ing those to encourage allies and trading partners of 

7 the United States to enact laws prohibiting busi8 nesses from complying with the boycott and penal9 izing businesses that do comply. 

10 ADMINISTRATION OF JUSTICE ACTIVITIES

11 SEC. 536. Of the funds appropriated or otherwise 

12 made available by this Act or any subsequent Act for 

13 ‘‘Economic Support Fund’’, assistance may be provided 

14 to strengthen the administration of justice in countries in 

15 Latin America and the Caribbean and in other regions 

16 consistent with the provisions of section 534(b) of the For17 eign Assistance Act of 1961, except that programs to en18 hance protection of participants in judicial cases may be 

19 conducted notwithstanding section 660 of that Act. Funds 

20 made available pursuant to this section may be made 

21 available notwithstanding section 534(c) and the second 

22 and third sentences of section 534(e) of the Foreign As23 sistance Act of 1961. 

24 ELIGIBILITY FOR ASSISTANCE

25 SEC. 537. (a) ASSISTANCE THROUGH NONGOVERN26 MENTAL ORGANIZATIONS.—Restrictions contained in this 
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1 or any other Act with respect to assistance for a country 

2 shall not be construed to restrict assistance in support of 

3 programs of nongovernmental organizations from funds 

4 appropriated by this Act to carry out the provisions of 

5 chapters 1, 10, 11, and 12 of part I and chapter 4 of 

6 part II of the Foreign Assistance Act of 1961, and from 

7 funds appropriated under the heading ‘‘Assistance for 

8 Eastern Europe and the Baltic States’’: Provided, That 

9 before using the authority of this subsection to furnish as10 sistance in support of programs of nongovernmental orga11 nizations, the President shall notify the Committees on 

12 Appropriations under the regular notification procedures 

13 of those committees, including a description of the pro14 gram to be assisted, the assistance to be provided, and 

15 the reasons for furnishing such assistance: Provided fur16 ther, That nothing in this subsection shall be construed 

17 to alter any existing statutory prohibitions against abor18 tion or involuntary sterilizations contained in this or any 

19 other Act. 

20 (b) PUBLIC LAW 480.—During fiscal year 2004, re21 strictions contained in this or any other Act with respect 

22 to assistance for a country shall not be construed to re23 strict assistance under the Agricultural Trade Develop24 ment and Assistance Act of 1954: Provided, That none 

25 of the funds appropriated to carry out title I of such Act 
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1 and made available pursuant to this subsection may be 

2 obligated or expended except as provided through the reg3 ular notification procedures of the Committees on Appro4 priations. 

5 (c) EXCEPTION.—This section shall not apply—

6 (1) with respect to section 620A of the Foreign 

7 Assistance Act of 1961 or any comparable provision 

8 of law prohibiting assistance to countries that sup9 port international terrorism; or 

10 (2) with respect to section 116 of the Foreign 

11 Assistance Act of 1961 or any comparable provision 

12 of law prohibiting assistance to the government of a 

13 country that violates internationally recognized 

14 human rights. 

15 RESERVATIONS OF FUNDS

16 SEC. 538. (a) Funds appropriated by this Act which 

17 are earmarked may be reprogrammed for other programs 

18 within the same account notwithstanding the earmark if 

19 compliance with the earmark is made impossible by oper20 ation of any provision of this or any other Act: Provided,

21 That any such reprogramming shall be subject to the reg22 ular notification procedures of the Committees on Appro23 priations: Provided further, That assistance that is repro24 grammed pursuant to this subsection shall be made avail25 able under the same terms and conditions as originally 

26 provided. 
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1 (b) In addition to the authority contained in sub2 section (a), the original period of availability of funds ap3 propriated by this Act and administered by the United 

4 States Agency for International Development that are ear5 marked for particular programs or activities by this or any 

6 other Act shall be extended for an additional fiscal year 

7 if the Administrator of such agency determines and re8 ports promptly to the Committees on Appropriations that 

9 the termination of assistance to a country or a significant 

10 change in circumstances makes it unlikely that such ear11 marked funds can be obligated during the original period 

12 of availability: Provided, That such earmarked funds that 

13 are continued available for an additional fiscal year shall 

14 be obligated only for the purpose of such earmark. 

15 CEILINGS AND EARMARKS

16 SEC. 539. Ceilings and earmarks contained in this 

17 Act shall not be applicable to funds or authorities appro18 priated or otherwise made available by any subsequent Act 

19 unless such Act specifically so directs. Earmarks or min20 imum funding requirements contained in any other Act 

21 shall not be applicable to funds appropriated by this Act. 

22 PROHIBITION ON PUBLICITY OR PROPAGANDA

23 SEC. 540. No part of any appropriation contained in 

24 this Act shall be used for publicity or propaganda purposes 

25 within the United States not authorized before the date 

26 of the enactment of this Act by the Congress: Provided,
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1 That not to exceed $750,000 may be made available to 

2 carry out the provisions of section 316 of Public Law 96–

3 533. 

4 PROHIBITION OF PAYMENTS TO UNITED NATIONS

5 MEMBERS

6 SEC. 541. None of the funds appropriated or made 

7 available pursuant to this Act for carrying out the Foreign 

8 Assistance Act of 1961, may be used to pay in whole or 

9 in part any assessments, arrearages, or dues of any mem10 ber of the United Nations or, from funds appropriated by 

11 this Act to carry out chapter 1 of part I of the Foreign 

12 Assistance Act of 1961, the costs for participation of an13 other country’s delegation at international conferences 

14 held under the auspices of multilateral or international or15 ganizations. 

16 NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION

17 SEC. 542. None of the funds appropriated or made 

18 available pursuant to this Act shall be available to a non19 governmental organization which fails to provide upon 

20 timely request any document, file, or record necessary to 

21 the auditing requirements of the United States Agency for 

22 International Development. 
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1 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN2 MENTS THAT EXPORT LETHAL MILITARY EQUIP3 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

4 TERRORISM

5 SEC. 543. (a) None of the funds appropriated or oth6 erwise made available by this Act may be available to any 

7 foreign government which provides lethal military equip8 ment to a country the government of which the Secretary 

9 of State has determined is a terrorist government for pur10 poses of section 6(j) of the Export Administration Act. 

11 The prohibition under this section with respect to a for12 eign government shall terminate 12 months after that gov13 ernment ceases to provide such military equipment. This 

14 section applies with respect to lethal military equipment 

15 provided under a contract entered into after October 1, 

16 1997. 

17 (b) Assistance restricted by subsection (a) or any 

18 other similar provision of law, may be furnished if the 

19 President determines that furnishing such assistance is 

20 important to the national interests of the United States. 

21 (c) Whenever the waiver authority of subsection (b) 

22 is exercised, the President shall submit to the appropriate 

23 congressional committees a report with respect to the fur24 nishing of such assistance. Any such report shall include 

25 a detailed explanation of the assistance to be provided, in-
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1 cluding the estimated dollar amount of such assistance, 

2 and an explanation of how the assistance furthers United 

3 States national interests. 

4 WITHHOLDING OF ASSISTANCE FOR PARKING FINES

5 OWED BY FOREIGN COUNTRIES

6 SEC. 544. (a) IN GENERAL.—Of the funds appro7 priated under this Act that are made available for a for8 eign country under part I of the Foreign Assistance Act 

9 of 1961, an amount equivalent to 110 percent of the total 

10 unpaid fines determined to be owed under the parking pro11 grams in the District of Columbia and New York City, 

12 New York by such country as of September 30, 2003 that 

13 were incurred after the first day of the fiscal year pre14 ceding the current fiscal year shall be withheld from obli15 gation for such country until the Secretary of State cer16 tifies and reports in writing to the appropriate congres17 sional committees that such fines and penalties are fully 

18 paid to the governments of the District of Columbia and 

19 New York City, New York. 

20 (b) DEFINITION.—For purposes of this section, the 

21 term ‘‘appropriate congressional committees’’ means the 

22 Committee on Foreign Relations and the Committee on 

23 Appropriations of the Senate and the Committee on Inter24 national Relations and the Committee on Appropriations 

25 of the House of Representatives. 
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1 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE

2 WEST BANK AND GAZA

3 SEC. 545. None of the funds appropriated by this Act 

4 may be obligated for assistance for the Palestine Libera5 tion Organization for the West Bank and Gaza unless the 

6 President has exercised the authority under section 604(a) 

7 of the Middle East Peace Facilitation Act of 1995 (title 

8 VI of Public Law 104–107) or any other legislation to sus9 pend or make inapplicable section 307 of the Foreign As10 sistance Act of 1961 and that suspension is still in effect: 

11 Provided, That if the President fails to make the certifi12 cation under section 604(b)(2) of the Middle East Peace 

13 Facilitation Act of 1995 or to suspend the prohibition 

14 under other legislation, funds appropriated by this Act 

15 may not be obligated for assistance for the Palestine Lib16 eration Organization for the West Bank and Gaza. 

17 WAR CRIMES TRIBUNALS DRAWDOWN

18 SEC. 546. If the President determines that doing so 

19 will contribute to a just resolution of charges regarding 

20 genocide or other violations of international humanitarian 

21 law, the President may direct a drawdown pursuant to sec22 tion 552(c) of the Foreign Assistance Act of 1961, as 

23 amended, of up to $30,000,000 of commodities and serv24 ices for the United Nations War Crimes Tribunal estab25 lished with regard to the former Yugoslavia by the United 

26 Nations Security Council or such other tribunals or com-
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1 missions as the Council may establish or authorize to deal 

2 with such violations, without regard to the ceiling limita3 tion contained in paragraph (2) thereof: Provided, That 

4 the determination required under this section shall be in 

5 lieu of any determinations otherwise required under sec6 tion 552(c): Provided further, That the drawdown made 

7 under this section for any tribunal shall not be construed 

8 as an endorsement or precedent for the establishment of 

9 any standing or permanent international criminal tribunal 

10 or court: Provided further, That funds made available for 

11 tribunals other than Yugoslavia or Rwanda shall be made 

12 available subject to the regular notification procedures of 

13 the Committees on Appropriations. 

14 LANDMINES

15 SEC. 547. Notwithstanding any other provision of 

16 law, demining equipment available to the United States 

17 Agency for International Development and the Depart18 ment of State and used in support of the clearance of 

19 landmines and unexploded ordnance for humanitarian 

20 purposes may be disposed of on a grant basis in foreign 

21 countries, subject to such terms and conditions as the 

22 President may prescribe. 

23 RESTRICTIONS CONCERNING THE PALESTINIAN

24 AUTHORITY

25 SEC. 548. None of the funds appropriated by this Act 

26 may be obligated or expended to create in any part of Je-
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1 rusalem a new office of any department or agency of the 

2 United States Government for the purpose of conducting 

3 official United States Government business with the Pal4 estinian Authority over Gaza and Jericho or any successor 

5 Palestinian governing entity provided for in the Israel6 PLO Declaration of Principles: Provided, That this re7 striction shall not apply to the acquisition of additional 

8 space for the existing Consulate General in Jerusalem: 

9 Provided further, That meetings between officers and em10 ployees of the United States and officials of the Pales11 tinian Authority, or any successor Palestinian governing 

12 entity provided for in the Israel-PLO Declaration of Prin13 ciples, for the purpose of conducting official United States 

14 Government business with such authority should continue 

15 to take place in locations other than Jerusalem. As has 

16 been true in the past, officers and employees of the United 

17 States Government may continue to meet in Jerusalem on 

18 other subjects with Palestinians (including those who now 

19 occupy positions in the Palestinian Authority), have social 

20 contacts, and have incidental discussions. 

21 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

22 SEC. 549. None of the funds appropriated or other23 wise made available by this Act under the heading ‘‘Inter24 national Military Education and Training’’ or ‘‘Foreign 

25 Military Financing Program’’ for Informational Program 

26 activities or under the headings ‘‘Child Survival and 
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1 Health Programs Fund’’, ‘‘Development Assistance’’, and 

2 ‘‘Economic Support Fund’’ may be obligated or expended 

3 to pay for—

4 (1) alcoholic beverages; or 

5 (2) entertainment expenses for activities that 

6 are substantially of a recreational character, includ7 ing but not limited to entrance fees at sporting 

8 events, theatrical and musical productions, and 

9 amusement parks. 

10 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO

11 UNITED NATIONS AGENCIES

12 SEC. 550. None of the funds appropriated by this Act 

13 may be made available to pay any voluntary contribution 

14 of the United States to the United Nations (including the 

15 United Nations Development Program) if the United Na16 tions implements or imposes any taxation on any United 

17 States persons. 

18 HAITI

19 SEC. 551. The Government of Haiti shall be eligible 

20 to purchase defense articles and services under the Arms 

21 Export Control Act (22 U.S.C. 2751 et seq.), for the Coast 

22 Guard. 

23 LIMITATION ON ASSISTANCE TO THE PALESTINIAN

24 AUTHORITY

25 SEC. 552. (a) PROHIBITION OF FUNDS.—None of the 

26 funds appropriated by this Act to carry out the provisions 
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1 of chapter 4 of part II of the Foreign Assistance Act of 

2 1961 may be obligated or expended with respect to pro3 viding funds to the Palestinian Authority. 

4 (b) WAIVER.—The prohibition included in subsection 

5 (a) shall not apply if the President certifies in writing to 

6 the Speaker of the House of Representatives and the 

7 President pro tempore of the Senate that waiving such 

8 prohibition is important to the national security interests 

9 of the United States. 

10 (c) PERIOD OF APPLICATION OF WAIVER.—Any 

11 waiver pursuant to subsection (b) shall be effective for no 

12 more than a period of 6 months at a time and shall not 

13 apply beyond 12 months after the enactment of this Act. 

14 LIMITATION ON ASSISTANCE TO SECURITY FORCES

15 SEC. 553. None of the funds made available by this 

16 Act may be provided to any unit of the security forces 

17 of a foreign country if the Secretary of State has credible 

18 evidence that such unit has committed gross violations of 

19 human rights, unless the Secretary determines and reports 

20 to the Committees on Appropriations that the government 

21 of such country is taking effective measures to bring the 

22 responsible members of the security forces unit to justice: 

23 Provided, That nothing in this section shall be construed 

24 to withhold funds made available by this Act from any 

25 unit of the security forces of a foreign country not credibly 

26 alleged to be involved in gross violations of human rights: 
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1 Provided further, That in the event that funds are withheld 

2 from any unit pursuant to this section, the Secretary of 

3 State shall promptly inform the foreign government of the 

4 basis for such action and shall, to the maximum extent 

5 practicable, assist the foreign government in taking effec6 tive measures to bring the responsible members of the se7 curity forces to justice. 

8 FOREIGN MILITARY TRAINING REPORT

9 SEC. 554. The annual foreign military training report 

10 required by section 656 of the Foreign Assistance Act of 

11 1961 shall be submitted by the Secretary of Defense and 

12 the Secretary of State to the Committees on Appropria13 tions of the House of Representatives and the Senate by 

14 the date specified in that section. 

15 KOREAN PENINSULA ENERGY DEVELOPMENT

16 ORGANIZATION

17 SEC. 555. None of the funds appropriated by this Act 

18 may be made available for assistance to the Korean Penin19 sula Energy Organization (KEDO). 

20 PALESTINIAN STATEHOOD

21 SEC. 556. (a) LIMITATION ON ASSISTANCE.—None 

22 of the funds appropriated by this Act may be provided 

23 to support a Palestinian state unless the Secretary of 

24 State determines and certifies to the appropriate congres25 sional committees that—
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1 (1) a new leadership of a Palestinian governing 

2 entity has been democratically elected through cred3 ible and competitive elections; 

4 (2) the elected governing entity of a new Pales5 tinian state—

6 (A) has demonstrated a firm commitment 

7 to peaceful co-existence with the State of Israel; 

8 (B) is taking appropriate measures to 

9 counter terrorism and terrorist financing in the 

10 West Bank and Gaza, including the dismantling 

11 of terrorist infrastructures; 

12 (C) is establishing a new Palestinian secu13 rity entity that is fully cooperative with appro14 priate Israeli and other appropriate security or15 ganizations; and 

16 (3) the Palestinian Authority (or the governing 

17 body of a new Palestinian state) is working with 

18 other countries in the region to vigorously pursue ef19 forts to establish a just, lasting, and comprehensive 

20 peace in the Middle East that will enable Israel and 

21 an independent Palestinian state to exist within the 

22 context of full and normal relationships, which 

23 should include—

24 (A) termination of all claims or states of 

25 belligerency; 
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1 (B) respect for and acknowledgement of 

2 the sovereignty, territorial integrity, and polit3 ical independence of every state in the area 

4 through measures including the establishment 

5 of demilitarized zones; 

6 (C) their right to live in peace within se7 cure and recognized boundaries free from 

8 threats or acts of force; 

9 (D) freedom of navigation through inter10 national waterways in the area; and 

11 (E) a framework for achieving a just set12 tlement of the refugee problem. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that the newly elected governing entity should enact 

15 a constitution assuring the rule of law, an independent ju16 diciary, and respect for human rights for its citizens, and 

17 should enact other laws and regulations assuring trans18 parent and accountable governance. 

19 (c) WAIVER.—The President may waive subsection 

20 (a) if he determines that it is vital to the national security 

21 interests of the United States to do so. 

22 (d) EXEMPTION.—The restriction in subsection (a) 

23 shall not apply to assistance intended to help reform the 

24 Palestinian Authority and affiliated institutions, or a 

25 newly elected governing entity, in order to help meet the 
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1 requirements of subsection (a), consistent with the provi2 sions of section 552 of this Act (‘‘Limitation on Assistance 

3 to the Palestinian Authority’’). 

4 COLOMBIA

5 SEC. 557. (a) DETERMINATION AND CERTIFICATION

6 REQUIRED.—Notwithstanding any other provision of law, 

7 funds appropriated by this Act that are available for as8 sistance for the Colombian Armed Forces, may be made 

9 available as follows: 

10 (1) Up to 75 percent of such funds may be obli11 gated prior to a determination and certification by 

12 the Secretary of State pursuant to paragraph (2). 

13 (2) The balance of such funds may be obligated 

14 only after the Secretary of State certifies and re15 ports to the appropriate congressional committees 

16 that: 

17 (A) The Commander General of the Co18 lombian Armed Forces is suspending from the 

19 Armed Forces those members, of whatever 

20 rank, who have been credibly alleged to have 

21 committed gross violations of human rights, in22 cluding extra-judicial killings, or to have aided 

23 or abetted paramilitary organizations. 

24 (B) The Colombian Government is pros25 ecuting those members of the Colombian Armed 

26 Forces, of whatever rank, who have been 
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1 credibly alleged to have committed gross viola2 tions of human rights, including extra-judicial 

3 killings, or to have aided or abetted para4 military organizations, and is punishing those 

5 members of the Colombian Armed Forces found 

6 to have committed such violations of human 

7 rights or to have aided or abetted paramilitary 

8 organizations. 

9 (C) The Colombian Armed Forces are co10 operating with civilian prosecutors and judicial 

11 authorities in such cases (including providing 

12 requested information, such as the identity of 

13 persons suspended from the Armed Forces and 

14 the nature and cause of the suspension, and ac15 cess to witnesses, relevant military documents, 

16 and other requested information). 

17 (D) The Colombian Armed Forces are sev18 ering links (including denying access to military 

19 intelligence, vehicles, and other equipment or 

20 supplies, and ceasing other forms of active or 

21 tacit cooperation) at the command, battalion, 

22 and brigade levels, with paramilitary organiza23 tions. 

24 (E) The Colombian Armed Forces are exe25 cuting orders for capture of leaders of para-
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1 military organizations that continue armed con2 flict. 

3 (b) CONSULTATIVE PROCESS.—At least 10 days prior 

4 to making the certification required by subsection (a), the 

5 Secretary of State shall consult with internationally recog6 nized human rights organizations regarding progress in 

7 meeting the conditions contained in that subsection. 

8 (c) DEFINITIONS.—In this section: 

9 (1) AIDED OR ABETTED.—The term ‘‘aided or 

10 abetted’’ means to provide any support to para11 military groups, including taking actions which 

12 allow, facilitate, or otherwise foster the activities of 

13 such groups. 

14 (2) PARAMILITARY GROUPS.—The term ‘‘para15 military groups’’ means illegal self-defense groups 

16 and illegal security cooperatives. 

17 ILLEGAL ARMED GROUPS

18 SEC. 558. (a) DENIAL OF VISAS TO SUPPORTERS OF

19 COLOMBIAN ILLEGAL ARMED GROUPS.—Subject to sub20 section (b), the Secretary of State shall not issue a visa 

21 to any alien who the Secretary determines, based on cred22 ible evidence—

23 (1) has willfully provided any support to the 

24 Revolutionary Armed Forces of Colombia (FARC), 

25 the National Liberation Army (ELN), or the United 

26 Self-Defense Forces of Colombia (AUC), including 
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1 taking actions or failing to take actions which allow, 

2 facilitate, or otherwise foster the activities of such 

3 groups; or 

4 (2) has committed, ordered, incited, assisted, or 

5 otherwise participated in the commission of gross 

6 violations of human rights, including extra-judicial 

7 killings, in Colombia. 

8 (b) WAIVER.—Subsection (a) shall not apply if the 

9 Secretary of State determines and certifies to the appro10 priate congressional committees, on a case-by-case basis, 

11 that the issuance of a visa to the alien is necessary to 

12 support the peace process in Colombia or for urgent hu13 manitarian reasons. 

14 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

15 BROADCASTING CORPORATION

16 SEC. 559. None of the funds appropriated or other17 wise made available by this Act may be used to provide 

18 equipment, technical support, consulting services, or any 

19 other form of assistance to the Palestinian Broadcasting 

20 Corporation. 

21 WEST BANK AND GAZA PROGRAM

22 SEC. 560. (a) OVERSIGHT.—For fiscal year 2004, 30 

23 days prior to the initial obligation of funds for the bilateral 

24 West Bank and Gaza Program, the Secretary of State 

25 shall certify to the appropriate committees of Congress 

26 that procedures have been established to assure the Comp-
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1 troller General of the United States will have access to 

2 appropriate United States financial information in order 

3 to review the uses of United States assistance for the Pro4 gram funded under the heading ‘‘Economic Support 

5 Fund’’ for the West Bank and Gaza. 

6 (b) VETTING.—Prior to the obligation of funds ap7 propriated by this Act under the heading ‘‘Economic Sup8 port Fund’’ for assistance for the West Bank and Gaza, 

9 the Secretary of State shall take all appropriate steps to 

10 ensure that such assistance is not provided to or through 

11 any individual or entity that the Secretary knows or has 

12 reason to believe advocates, plans, sponsors, engages in, 

13 or has engaged in, terrorist activity. The Secretary of 

14 State shall, as appropriate, establish procedures specifying 

15 the steps to be taken in carrying out this subsection. 

16 (c) AUDITS.—(1) The Administrator of the United 

17 States Agency for International Development shall ensure 

18 that Federal or non-Federal audits of all contractors and 

19 grantees, and significant subcontractors and subgrantees, 

20 under the West Bank and Gaza Program, are conducted 

21 at least on an annual basis to ensure, among other things, 

22 compliance with this section. 

23 (2) Of the funds appropriated by this Act under the 

24 heading ‘‘Economic Support Fund’’ that are made avail25 able for assistance for the West Bank and Gaza, up to 
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1 $1,000,000 may be used by the Office of the Inspector 

2 General of the United States Agency for International De3 velopment for audits, inspections, and other activities in 

4 furtherance of the requirements of this subsection. Such 

5 funds are in addition to funds otherwise available for such 

6 purposes. 

7 CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

8 SEC. 561. (a) LIMITATIONS ON AMOUNT OF CON9 TRIBUTION.—Of the amounts made available under 

10 ‘‘International Organizations and Programs’’, 

11 $25,000,000 for fiscal year 2004 shall be available for the 

12 United Nations Population Fund (hereafter in this section 

13 referred to as the ‘‘UNFPA’’) subject to subsection (c). 

14 (b) PROHIBITION ON USE OF FUNDS IN CHINA.—

15 None of the funds made available under ‘‘International 

16 Organizations and Programs’’ may be made available for 

17 the UNFPA for a country program in the People’s Repub18 lic of China. 

19 (c) CONDITIONS ON AVAILABILITY OF FUNDS.—

20 Amounts made available under ‘‘International Organiza21 tions and Programs’’ for fiscal year 2004 for the UNFPA 

22 may not be made available to the UNFPA unless—

23 (1) the UNFPA maintains amounts made avail24 able to the UNFPA under this section in an account 

25 separate from other accounts of the UNFPA; 
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1 (2) the UNFPA does not commingle amounts 

2 made available to the UNFPA under this section 

3 with other sums; 

4 (3) the UNFPA does not fund abortions; and 

5 (4) the UNFPA does not provide any funding 

6 for the State Planned-Birth Commission (Jihua 

7 Shengyu Weiyuanhui) or its regional affiliates in the 

8 People’s Republic of China. 

9 (d) REPORT TO THE CONGRESS AND WITHHOLDING

10 OF FUNDS.—

11 (1) Not later than February 15, 2004, the Sec12 retary of State shall submit a report to the appro13 priate congressional committees indicating the 

14 amount of funds that the UNFPA is budgeting for 

15 the year in which the report is submitted for a coun16 try program in the People’s Republic of China. 

17 (2) If a report under paragraph (1) indicates 

18 that the UNFPA plans to spend funds for a country 

19 program in the People’s Republic of China in the 

20 year covered by the report, then the amount of such 

21 funds that the UNFPA plans to spend in the Peo22 ple’s Republic of China shall be deducted from the 

23 funds made available to the UNFPA after March 1 

24 for obligation for the remainder of the fiscal year in 

25 which the report is submitted. 
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1 PROCUREMENT AND FINANCIAL MANAGEMENT REFORM

2 SEC. 562. (a) FUNDING CONDITIONS.—Of the funds 

3 made available under the heading ‘‘International Financial 

4 Institutions’’ in this Act, 10 percent of the United States 

5 portion or payment to such International Financial Insti6 tution shall be withheld by the Secretary of the Treasury, 

7 until the Secretary certifies to the Committees on Appro8 priations that, to the extent pertinent to its lending pro9 grams, the institution is—

10 (1) implementing procedures for conducting an11 nual audits by qualified independent auditors for all 

12 new investment lending; 

13 (2) implementing procedures for annual inde14 pendent external audits of central bank financial 

15 statements for countries making use of International 

16 Monetary Fund resources under new arrangements 

17 or agreements with the Fund; 

18 (3) taking steps to establish an independent 

19 fraud and corruption investigative organization or 

20 office; 

21 (4) implementing a process to assess a recipient 

22 country’s procurement and financial management 

23 capabilities including an analysis of the risks of cor24 ruption prior to initiating new investment lending; 

25 and 
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1 (5) taking steps to fund and implement pro2 grams and policies to improve transparency and 

3 anti-corruption programs and procurement and fi4 nancial management controls in recipient countries. 

5 (b) DEFINITIONS.—The term ‘‘International Finan6 cial Institutions’’ means the International Bank for Re7 construction and Development, the International Develop8 ment Association, the International Finance Corporation, 

9 the Inter-American Development Bank, the Inter-Amer10 ican Investment Corporation, the Enterprise for the Amer11 icas Multilateral Investment Fund, the Asian Development 

12 Bank, the Asian Development Fund, the African Develop13 ment Bank, the African Development Fund, the European 

14 Bank for Reconstruction and Development, and the Inter15 national Monetary Fund. 

16 WAR CRIMINALS

17 SEC. 563. (a)(1) None of the funds appropriated or 

18 otherwise made available pursuant to this Act may be 

19 made available for assistance, and the Secretary of the 

20 Treasury shall instruct the United States executive direc21 tors to the international financial institutions to vote 

22 against any new project involving the extension by such 

23 institutions of any financial or technical assistance, to any 

24 country, entity, or municipality whose competent authori25 ties have failed, as determined by the Secretary of State, 

26 to take necessary and significant steps to implement its 
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1 international legal obligations to apprehend and transfer 

2 to the International Criminal Tribunal for the former 

3 Yugoslavia (the ‘‘Tribunal’’) all persons in their territory 

4 who have been indicted by the Tribunal and to otherwise 

5 cooperate with the Tribunal. 

6 (2) The provisions of this subsection shall not apply 

7 to humanitarian assistance or assistance for democratiza8 tion. 

9 (b) The provisions of subsection (a) shall apply unless 

10 the Secretary of State determines and reports to the ap11 propriate congressional committees that the competent au12 thorities of such country, entity, or municipality are—

13 (1) cooperating with the Tribunal, including ac14 cess for investigators to archives and witnesses, the 

15 provision of documents, and the surrender and 

16 transfer of indictees or assistance in their apprehen17 sion; and 

18 (2) are acting consistently with the Dayton Ac19 cords. 

20 (c) Not less than 10 days before any vote in an inter21 national financial institution regarding the extension of 

22 any new project involving financial or technical assistance 

23 or grants to any country or entity described in subsection 

24 (a), the Secretary of the Treasury, in consultation with 

25 the Secretary of State, shall provide to the Committees 
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1 on Appropriations a written justification for the proposed 

2 assistance, including an explanation of the United States 

3 position regarding any such vote, as well as a description 

4 of the location of the proposed assistance by municipality, 

5 its purpose, and its intended beneficiaries. 

6 (d) In carrying out this section, the Secretary of 

7 State, the Administrator of the United States Agency for 

8 International Development, and the Secretary of the 

9 Treasury shall consult with representatives of human 

10 rights organizations and all government agencies with rel11 evant information to help prevent indicted war criminals 

12 from benefiting from any financial or technical assistance 

13 or grants provided to any country or entity described in 

14 subsection (a). 

15 (e) The Secretary of State may waive the application 

16 of subsection (a) with respect to projects within a country, 

17 entity, or municipality upon a written determination to the 

18 Committees on Appropriations that such assistance di19 rectly supports the implementation of the Dayton Accords. 

20 (f) DEFINITIONS.—As used in this section—

21 (1) COUNTRY.—The term ‘‘country’’ means 

22 Bosnia and Herzegovina, Croatia and Serbia. 

23 (2) ENTITY.—The term ‘‘entity’’ refers to the 

24 Federation of Bosnia and Herzegovina, Kosovo, 

25 Montenegro and the Republika Srpska. 
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1 (3) MUNICIPALITY.—The term ‘‘municipality’’ 

2 means a city, town or other subdivision within a 

3 country or entity as defined herein. 

4 (4) DAYTON ACCORDS.—The term ‘‘Dayton Ac5 cords’’ means the General Framework Agreement 

6 for Peace in Bosnia and Herzegovina, together with 

7 annexes relating thereto, done at Dayton, November 

8 10 through 16, 1995. 

9 USER FEES

10 SEC. 564. The Secretary of the Treasury shall in11 struct the United States Executive Director at each inter12 national financial institution (as defined in section 

13 1701(c)(2) of the International Financial Institutions Act) 

14 and the International Monetary Fund to oppose any loan, 

15 grant, strategy or policy of these institutions that would 

16 require user fees or service charges on poor people for pri17 mary education or primary healthcare, including preven18 tion and treatment efforts for HIV/AIDS, malaria, tuber19 culosis, and infant, child, and maternal well-being, in con20 nection with the institutions’ financing programs. 

21 FUNDING FOR SERBIA

22 SEC. 565. (a) Funds appropriated by this Act may 

23 be made available for assistance for Serbia after March 

24 1, 2004, if the President has made the determination and 

25 certification contained in subsection (c). 
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1 (b) After March 1, 2004, the Secretary of the Treas2 ury should instruct the United States executive directors 

3 to the international financial institutions to support loans 

4 and assistance to the Government of the Federal Republic 

5 of Yugoslavia (or a government of a successor state) sub6 ject to the conditions in subsection (c): Provided, That sec7 tion 576 of the Foreign Operations, Export Financing, 

8 and Related Programs Appropriations Act, 1997, as 

9 amended, shall not apply to the provision of loans and as10 sistance to the Federal Republic of Yugoslavia (or a suc11 cessor state) through international financial institutions. 

12 (c) The determination and certification referred to in 

13 subsection (a) is a determination by the President and a 

14 certification to the Committees on Appropriations that the 

15 Government of the Federal Republic of Yugoslavia (or a 

16 government of a successor state) is—

17 (1) cooperating with the International Criminal 

18 Tribunal for the former Yugoslavia including access 

19 for investigators, the provision of documents, and 

20 the surrender and transfer of indictees or assistance 

21 in their apprehension; 

22 (2) taking steps that are consistent with the 

23 Dayton Accords to end Serbian financial, political, 

24 security and other support which has served to 
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1 maintain separate Republika Srpska institutions; 

2 and 

3 (3) taking steps to implement policies which re4 flect a respect for minority rights and the rule of 

5 law, including the release of political prisoners from 

6 Serbian jails and prisons. 

7 (d) This section shall not apply to Montenegro, 

8 Kosovo, humanitarian assistance or assistance to promote 

9 democracy in municipalities. 

10 COMMUNITY-BASED POLICE ASSISTANCE

11 SEC. 566. (a) AUTHORITY.—Funds made available 

12 by this Act to carry out the provisions of chapter 1 of 

13 part I and chapter 4 of part II of the Foreign Assistance 

14 Act of 1961, may be used, notwithstanding section 660 

15 of that Act, to enhance the effectiveness and account16 ability of civilian police authority in Jamaica and El Sal17 vador through training and technical assistance in human 

18 rights, the rule of law, strategic planning, and through as19 sistance to foster civilian police roles that support demo20 cratic governance including assistance for programs to 

21 prevent conflict and foster improved police relations with 

22 the communities they serve. 

23 (b) NOTIFICATION.—Assistance provided under sub24 section (a) shall be subject to the regular notification pro25 cedures of the Committees on Appropriations. 
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1 TRADE CAPACITY BUILDING

2 SEC. 567. Of the funds appropriated by this Act, 

3 under the headings ‘‘Trade and Development Agency’’, 

4 ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, 

5 ‘‘Economic Support Fund’’, ‘‘International Affairs Tech6 nical Assistance’’, and ‘‘International Organizations and 

7 Programs’’, not less than $517,000,000 should be made 

8 available for trade capacity building assistance. 

9 SPECIAL DEBT RELIEF FOR THE POOREST

10 SEC. 568. (a) AUTHORITY TO REDUCE DEBT.-The 

11 President may reduce amounts owed to the United States 

12 (or any agency of the United States) by an eligible country 

13 as a result of—

14 (1) guarantees issued under sections 221 and 

15 222 of the Foreign Assistance Act of 1961; or 

16 (2) credits extended or guarantees issued under 

17 the Arms Export Control Act. 

18 (b) LIMITATIONS.—

19 (1) The authority provided by subsection (a) 

20 may be exercised only to implement multilateral offi21 cial debt relief and referendum agreements, com22 monly referred to as ‘‘Paris Club Agreed Minutes’’. 

23 (2) The authority provided by subsection (a) 

24 may be exercised only in such amounts or to such 

25 extent as is provided in advance by appropriations 

26 Acts. 
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1 (3) The authority provided by subsection (a) 

2 may be exercised only with respect to countries with 

3 heavy debt burdens that are eligible to borrow from 

4 the International Development Association, but not 

5 from the International Bank for Reconstruction and 

6 Development, commonly referred to as ‘‘IDA-only’’ 

7 countries. 

8 (c) CONDITIONS.—The authority provided by sub9 section (a) may be exercised only with respect to a country 

10 whose government—

11 (1) does not have an excessive level of military 

12 expenditures; 

13 (2) has not repeatedly provided support for acts 

14 of international terrorism; 

15 (3) is not failing to cooperate on international 

16 narcotics control matters; 

17 (4) (including its military or other security 

18 forces) does not engage in a consistent pattern of 

19 gross violations of internationally recognized human 

20 rights; and 

21 (5) is not ineligible for assistance because of the 

22 application of section 527 of the Foreign Relations 

23 Authorization Act, Fiscal Years 1994 and 1995. 

24 (d) AVAILABILITY OF FUNDS.—The authority pro25 vided by subsection (a) may be used only with regard to 
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1 funds appropriated by this Act under the heading ‘‘Debt 

2 Restructuring’’. 

3 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—The 

4 authority provided by subsection (a) may be exercised not5 withstanding section 620(r) of the Foreign Assistance Act 

6 of 1961 or section 321 of the International Development 

7 and Food Assistance Act of 1975. 

8 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

9 SEC. 569. (a) LOANS ELIGIBLE FOR SALE, REDUC10 TION, OR CANCELLATION.—

11 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

12 CERTAIN LOANS.—Notwithstanding any other provi13 sion of law, the President may, in accordance with 

14 this section, sell to any eligible purchaser any 

15 concessional loan or portion thereof made before 

16 January 1, 1995, pursuant to the Foreign Assist17 ance Act of 1961, to the government of any eligible 

18 country as defined in section 702(6) of that Act or 

19 on receipt of payment from an eligible purchaser, re20 duce or cancel such loan or portion thereof, only for 

21 the purpose of facilitating—

22 (A) debt-for-equity swaps, debt-for-develop23 ment swaps, or debt-for-nature swaps; or 

24 (B) a debt buyback by an eligible country 

25 of its own qualified debt, only if the eligible 

26 country uses an additional amount of the local 
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1 currency of the eligible country, equal to not 

2 less than 40 percent of the price paid for such 

3 debt by such eligible country, or the difference 

4 between the price paid for such debt and the 

5 face value of such debt, to support activities 

6 that link conservation and sustainable use of 

7 natural resources with local community develop8 ment, and child survival and other child devel9 opment, in a manner consistent with sections 

10 707 through 710 of the Foreign Assistance Act 

11 of 1961, if the sale, reduction, or cancellation 

12 would not contravene any term or condition of 

13 any prior agreement relating to such loan. 

14 (2) TERMS AND CONDITIONS.—Notwith15 standing any other provision of law, the President 

16 shall, in accordance with this section, establish the 

17 terms and conditions under which loans may be sold, 

18 reduced, or canceled pursuant to this section. 

19 (3) ADMINISTRATION.—The Facility, as defined 

20 in section 702(8) of the Foreign Assistance Act of 

21 1961, shall notify the administrator of the agency 

22 primarily responsible for administering part I of the 

23 Foreign Assistance Act of 1961 of purchasers that 

24 the President has determined to be eligible, and 

25 shall direct such agency to carry out the sale, reduc-
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1 tion, or cancellation of a loan pursuant to this sec2 tion. Such agency shall make an adjustment in its 

3 accounts to reflect the sale, reduction, or cancella4 tion. 

5 (4) LIMITATION.—The authorities of this sub6 section shall be available only to the extent that ap7 propriations for the cost of the modification, as de8 fined in section 502 of the Congressional Budget Act 

9 of 1974, are made in advance. 

10 (b) DEPOSIT OF PROCEEDS.—The proceeds from the 

11 sale, reduction, or cancellation of any loan sold, reduced, 

12 or canceled pursuant to this section shall be deposited in 

13 the United States Government account or accounts estab14 lished for the repayment of such loan. 

15 (c) ELIGIBLE PURCHASERS.—A loan may be sold 

16 pursuant to subsection (a)(1)(A) only to a purchaser who 

17 presents plans satisfactory to the President for using the 

18 loan for the purpose of engaging in debt-for-equity swaps, 

19 debt-for-development swaps, or debt-for-nature swaps. 

20 (d) DEBTOR CONSULTATIONS.—Before the sale to 

21 any eligible purchaser, or any reduction or cancellation 

22 pursuant to this section, of any loan made to an eligible 

23 country, the President should consult with the country 

24 concerning the amount of loans to be sold, reduced, or 
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1 canceled and their uses for debt-for-equity swaps, debt2 for-development swaps, or debt-for-nature swaps. 

3 (e) AVAILABILITY OF FUNDS.—The authority pro4 vided by subsection (a) may be used only with regard to 

5 funds appropriated by this Act under the heading ‘‘Debt 

6 Restructuring’’. 

7 CAMBODIA

8 SEC. 570. The Secretary of the Treasury should in9 struct the United States executive directors of the inter10 national financial institutions to use the voice and vote 

11 of the United States to oppose loans to the Central Gov12 ernment of Cambodia, except loans to support basic 

13 human needs. 

14 CUBA

15 SEC. 571. None of the funds appropriated by this Act 

16 under the heading ‘‘International Narcotics Control and 

17 Law Enforcement’’ may be made available for assistance 

18 to the Government of Cuba. 

19 COMPETITION IN CONTRACTING

20 SEC. 572. None of the funds appropriated in this Act 

21 to support the programs of the United States Agency for 

22 International Development in Iraq and none of the funds 

23 appropriated in Public Law 108–11 under the heading 

24 ‘‘Iraq Relief and Reconstruction Fund’’ may be made 

25 available to enter into any contract or follow-on contract 
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1 that uses other than full and open competitive contracting 

2 procedures as defined in 41 U.S.C. 403(6). 

3 DISASTER SURGE CAPACITY

4 SEC. 573. Funds appropriated by this Act to carry 

5 out part I of the Foreign Assistance Act of 1961 may be 

6 used, in addition to funds otherwise available for such pur7 poses, for the cost (including the support costs) of individ8 uals detailed to or employed by the United States Agency 

9 for International Development whose primary responsi10 bility is to carry out programs to address natural or man11 made disasters or programs under the heading ‘‘Transi12 tion Initiatives’’. 

13 AUTHORIZATION

14 SEC. 574. The Secretary of the Treasury may, to ful15 fill commitments of the United States, contribute on be16 half of the United States to the sixth replenishment of 

17 the resources of the International Fund for Agricultural 

18 Development. The following amount is authorized to be 

19 appropriated without fiscal year limitation for payment by 

20 the Secretary of the Treasury: $45,000,000 for the Inter21 national Fund for Agricultural Development. 

22 PHILIPPINE EDUCATION AND HEALTH INFRASTRUCTURE

23 SEC. 575. Of the funds appropriated under ‘‘Eco24 nomic Support Fund’’ for the Philippines in Public Law 

25 108–11, the Emergency Wartime Supplemental Appro-
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1 priations Act, 2003, $600,000 shall be available only for 

2 upgrading education and health infrastructure in the Sulu 

3 Archipelago. 

4 BASIC EDUCATION

5 SEC. 576. Of the funds appropriated by title II of 

6 this Act, not less than $350,000,000 shall be made avail7 able for basic education: Provided, That of the funds made 

8 available pursuant to this section, not less than 

9 $91,500,000 should be from funds appropriated under the 

10 heading ‘‘Economic Support Fund’’: Provided further, 

11 That the Secretary of State, in consultation with the Ad12 ministrator of the United States Agency for International 

13 Development (USAID), shall submit a report not later 

14 than 120 days after enactment of this Act articulating a 

15 strategy for the use of basic education funds in Africa, 

16 East Asia and the Pacific, the Near East, South Asia, and 

17 the Western Hemisphere (excluding the United States) to 

18 include—

19 (1) country strategies and brief project descrip20 tions of the uses and proposed uses of all United 

21 States Government resources for basic education 

22 overseas; 

23 (2) a detailed description of the administrative 

24 structure currently in place to manage strategic co25 ordination undertaken among the State Department, 
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1 USAID and other agencies involved in international 

2 basic education activities; and 

3 (3) a description of actions being taken to ex4 pand the administrative capacity of both USAID 

5 and the State Department to deliver effective ex6 panded basic education programs. 

7 PARTICIPATION IN THE THIRTEENTH REPLENISHMENT

8 OF THE RESOURCES OF THE INTERNATIONAL DE9 VELOPMENT ASSOCIATION

10 SEC. 577. The International Development Associa11 tion Act (22 U.S.C. 284–284s) is amended by adding at 

12 the end the following: 

13 ‘‘SEC. 22. THIRTEENTH REPLENISHMENT. 

14 ‘‘(a) CONTRIBUTION AUTHORITY.—

15 ‘‘(1) IN GENERAL.—The United States Gov16 ernor of the Association may contribute on behalf of 

17 the United States an amount equal to the amount 

18 appropriated under subsection (b), pursuant to the 

19 resolution of the Association entitled ‘Additions to 

20 IDA Resources: Thirteenth Replenishment’. 

21 ‘‘(2) SUBJECT TO APPROPRIATIONS.—Any com22 mitment to make the contribution authorized by 

23 paragraph (1) shall be effective only to such extent 

24 or in such amounts as are provided in advance in 

25 appropriations Acts. 
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1 ‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO2 PRIATIONS.—For the contribution authorized by sub3 section (a), there are authorized to be appropriated such 

4 sums as may be necessary for payment by the Secretary 

5 of the Treasury, without fiscal year limitation.’’. 

6 ADMINISTRATIVE PROVISIONS RELATED TO

7 MULTILATERAL DEVELOPMENT INSTITUTIONS

8 SEC. 578. Title XV of the International Financial In9 stitutions Act (22 U.S.C. 262o—262o–2) is amended by 

10 adding at the end the following: 

11 ‘‘SEC. 1504. ADMINISTRATIVE PROVISIONS. 

12 ‘‘(a) ACHIEVEMENT OF CERTAIN POLICY GOALS.—

13 The Secretary of Treasury should instruct the United 

14 States Executive Director at each multilateral develop15 ment institution to inform the institution of the following 

16 United States policy goals, and to work toward achieving 

17 the goals at the institution before June 30, 2005: 

18 ‘‘(1) No later than 60 calendar days after the 

19 Board of Directors of the institution approves the 

20 minutes of a Board meeting, the institution shall 

21 post on its website an electronic version of the min22 utes, with material deemed too sensitive for public 

23 distribution redacted. 

24 ‘‘(2) The institution shall keep a written tran25 script or electronic recording of each meeting of its 
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1 Board of Directors and preserve the transcript or re2 cording for at least 10 years after the meeting. 

3 ‘‘(3) All public sector loan documents, country 

4 assistance strategies, sector strategies, and sector 

5 policies prepared by the institution and presented for 

6 endorsement or approval by its Board of Directors, 

7 with materials deemed too sensitive for public dis8 tribution redacted or withheld, shall be made avail9 able to the public 15 calendar days before consider10 ation by the Board or, if not then available, when 

11 the documents are distributed to the Board. 

12 ‘‘(4) The institution shall post on its website an 

13 annual report containing statistical summaries and 

14 case studies of the fraud and corruption cases pur15 sued by its investigations unit. 

16 ‘‘(5) The institution shall require that any 

17 health, education, or poverty-focused loan, credit, 

18 grant, document, policy, or strategy prepared by the 

19 institution includes specific outcome and output indi20 cators to measure results, and that the indicators 

21 and results be published periodically during the exe22 cution, and at the completion, of the project or pro23 gram. 

24 ‘‘(b) PUBLICATION OF WRITTEN STATEMENTS RE25 GARDING INSPECTION MECHANISM CASES.—No later 
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1 than 60 calendar days after a meeting of the Board of 

2 Directors of a multilateral development institution, the 

3 Secretary of the Treasury should provide for publication 

4 on the website of the Department of the Treasury of any 

5 written statement presented at the meeting by the United 

6 States Executive Director at the institution concerning—

7 ‘‘(1) a project on which a claim has been made 

8 to the inspection mechanism of the institution; or 

9 ‘‘(2) a pending inspection mechanism case. 

10 ‘‘(c) CONGRESSIONAL BRIEFINGS.—At the request of 

11 the Committee on Financial Services of the House of Rep12 resentatives or the Committee on Foreign Relations of the 

13 Senate, the Secretary of the Treasury or the designee of 

14 the Secretary should brief the requesting committee on the 

15 steps that have been taken by the United States Executive 

16 Director at any multilateral development institution, and 

17 by any such institution, to implement the measures de18 scribed in this section. 

19 ‘‘(d) PUBLICATION OF ‘NO’ VOTES AND ABSTEN20 TIONS BY THE UNITED STATES.—Each month, the Sec21 retary of the Treasury should provide for posting on the 

22 website of the Department of the Treasury of a record 

23 of all ‘no’ votes and abstentions made by the United States 

24 Executive Director at any multilateral development insti-
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1 tution on any matter before the Board of Directors of the 

2 institution. 

3 ‘‘(e) MULTILATERAL DEVELOPMENT INSTITUTION

4 DEFINED.—In this section, the term ‘multilateral develop5 ment institution’ shall have the meaning given in section 

6 1701(c)(3).’’. 

7 PARTICIPATION IN THE SEVENTH REPLENISHMENT OF

8 THE RESOURCES OF THE ASIAN DEVELOPMENT FUND

9 SEC. 579. The Asian Development Bank Act (22 

10 U.S.C. 285–285aa) is amended by adding at the end the 

11 following: 

12 ‘‘SEC. 31. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS. 

13 ‘‘(a) CONTRIBUTION AUTHORITY.—

14 ‘‘(1) IN GENERAL.—The United States Gov15 ernor of the Bank may contribute on behalf of the 

16 United States an amount equal to the amount ap17 propriated under subsection (b), pursuant to the res18 olution of the Bank entitled ‘Seventh Replenishment 

19 of the Asian Development Fund’. 

20 ‘‘(2) SUBJECT TO APPROPRIATIONS.—Any com21 mitment to make the contribution authorized by 

22 paragraph (1) shall be effective only to such extent 

23 or in such amounts as are provided in advance in 

24 appropriations Acts. 

25 ‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO26 PRIATIONS.—For the contribution authorized by sub-
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1 section (a), there are authorized to be appropriated such 

2 sums as may be necessary for payment by the Secretary 

3 of the Treasury, without fiscal year limitation.’’. 

4 PARTICIPATION IN THE NINTH REPLENISHMENT OF THE

5 RESOURCES OF THE AFRICAN DEVELOPMENT FUND

6 SEC. 580. The African Development Fund Act (22 

7 U.S.C. 290g—290g–15) is amended by adding at the end 

8 the following: 

9 ‘‘SEC. 217. NINTH REPLENISHMENT. 

10 ‘‘(a) CONTRIBUTION AUTHORITY.—

11 ‘‘(1) IN GENERAL.—The United States Gov12 ernor of the Fund may contribute on behalf of the 

13 United States an amount equal to the amount ap14 propriated under subsection (b), pursuant to the res15 olution of the Fund entitled ‘The Ninth General Re16 plenishment of Resources of the African Develop17 ment Fund’. 

18 ‘‘(2) SUBJECT TO APPROPRIATIONS.—Any com19 mitment to make the contribution authorized by 

20 paragraph (1) shall be effective only to such extent 

21 or in such amounts as are provided in advance in 

22 appropriations Acts. 

23 ‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO24 PRIATIONS.—For the contribution authorized by sub25 section (a), there are authorized to be appropriated such 
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1 sums as may be necessary for payment by the Secretary 

2 of the Treasury, without fiscal year limitation.’’. 

3 EFFORTS BY NORTH KOREA RELATING TO THE

4 PROLIFERATION OF NUCLEAR WEAPONS

5 SEC. 581. It is the sense of Congress that the Presi6 dent should utilize all diplomatic options to ensure that 

7 the Government of the Democratic People’s Republic of 

8 Korea does not engage in efforts relating to the prolifera9 tion of nuclear weapons. 

10 SEC. 582. None of the funds made available in this 

11 Act may be used by the State Department to support an 

12 application under section 501 of the Foreign Intelligence 

13 Surveillance Act of 1978 (50 U.S.C. 1861) for an order 

14 requiring the production of library circulation records, li15 brary patron lists, library Internet records, bookseller 

16 sales records, or bookseller customer lists. 

17 This Act may be cited as the ‘‘Foreign Operations, 

18 Export Financing, and Related Programs Appropriations 

19 Act, 2004’’.

20 That the following sums are appropriated, out of any 

21 money in the Treasury not otherwise appropriated, for the 

22 fiscal year ending September 30, 2004, and for other pur23 poses, namely: 
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1 TITLE I—EXPORT AND INVESTMENT ASSISTANCE 

2 EXPORT-IMPORT BANK OF THE UNITED STATES

3 INSPECTOR GENERAL OF THE EXPORT-IMPORTBANK

4 For necessary expenses of the Office of Inspector Gen5 eral of the Export-Import Bank of the United States in car6 rying out the provisions of the Inspector General Act of 

7 1978, as amended, $1,000,000. 

8 EXPORT-IMPORTBANK LOANS PROGRAM ACCOUNT

9 The Export-Import Bank of the United States is au10 thorized to make such expenditures within the limits of 

11 funds and borrowing authority available to such corpora12 tion, and in accordance with law, and to make such con13 tracts and commitments without regard to fiscal year limi14 tations, as provided by section 104 of the Government Cor15 poration Control Act, as may be necessary in carrying out 

16 the program for the current fiscal year for such corporation: 

17 Provided, That none of the funds available during the cur18 rent fiscal year may be used to make expenditures, con19 tracts, or commitments for the export of nuclear equipment, 

20 fuel, or technology to any country, other than a nuclear21 weapon state as defined in Article IX of the Treaty on the 

22 Non-Proliferation of Nuclear Weapons eligible to receive 

23 economic or military assistance under this Act, that has 

24 detonated a nuclear explosive after the date of the enactment 

25 of this Act: Provided further, That notwithstanding section 

26 1(c) of Public Law 103–428, as amended, sections 1(a) and 
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1 (b) of Public Law 103–428 shall remain in effect through 

2 October 1, 2004. 

3 ADMINISTRATIVE EXPENSES

4 For administrative expenses to carry out the direct 

5 and guaranteed loan and insurance programs, including 

6 hire of passenger motor vehicles and services as authorized 

7 by 5 U.S.C. 3109, and not to exceed $30,000 for official 

8 reception and representation expenses for members of the 

9 Board of Directors, $74,395,000: Provided, That the Ex10 port-Import Bank may accept, and use, payment or services 

11 provided by transaction participants for legal, financial, 

12 or technical services in connection with any transaction for 

13 which an application for a loan, guarantee or insurance 

14 commitment has been made: Provided further, That, not15 withstanding subsection (b) of section 117 of the Export En16 hancement Act of 1992, subsection (a) thereof shall remain 

17 in effect until October 1, 2004. 

18 OVERSEAS PRIVATE INVESTMENT CORPORATION

19 NONCREDITACCOUNT

20 The Overseas Private Investment Corporation is au21 thorized to make, without regard to fiscal year limitations, 

22 as provided by 31 U.S.C. 9104, such expenditures and com23 mitments within the limits of funds available to it and in 

24 accordance with law as may be necessary: Provided, That 

25 the amount available for administrative expenses to carry 

26 out the credit and insurance programs (including an 
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1 amount for official reception and representation expenses 

2 which shall not exceed $35,000) shall not exceed 

3 $41,385,000: Provided further, That project-specific trans4 action costs, including direct and indirect costs incurred 

5 in claims settlements, and other direct costs associated with 

6 services provided to specific investors or potential investors 

7 pursuant to section 234 of the Foreign Assistance Act of 

8 1961, shall not be considered administrative expenses for 

9 the purposes of this heading. 

10 PROGRAM ACCOUNT

11 For the cost of direct and guaranteed loans, 

12 $24,000,000, as authorized by section 234 of the Foreign 

13 Assistance Act of 1961, to be derived by transfer from the 

14 Overseas Private Investment Corporation Non-Credit Ac15 count: Provided, That such costs, including the cost of modi16 fying such loans, shall be as defined in section 502 of the 

17 Congressional Budget Act of 1974: Provided further, That 

18 such sums shall be available for direct loan obligations and 

19 loan guaranty commitments incurred or made during fiscal 

20 years 2004 and 2005: Provided further, That such sums 

21 shall remain available through fiscal year 2012 for the dis22 bursement of direct and guaranteed loans obligated in fiscal 

23 year 2004, and through fiscal year 2013 for the disburse24 ment of direct and guaranteed loans obligated in fiscal year 

25 2005. 
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1 In addition, such sums as may be necessary for admin2 istrative expenses to carry out the credit program may be 

3 derived from amounts available for administrative expenses 

4 to carry out the credit and insurance programs in the Over5 seas Private Investment Corporation Noncredit Account 

6 and merged with said account. 

7 FUNDS APPROPRIATED TO THE PRESIDENT

8 TRADE AND DEVELOPMENT AGENCY

9 For necessary expenses to carry out the provisions of 

10 section 661 of the Foreign Assistance Act of 1961, 

11 $50,000,000, to remain available until September 30, 2005. 

12 TITLE II—BILATERAL ECONOMIC ASSISTANCE 

13 FUNDS APPROPRIATED TO THE PRESIDENT

14 For expenses necessary to enable the President to carry 

15 out the provisions of the Foreign Assistance Act of 1961, 

16 and for other purposes, to remain available until September 

17 30, 2004, unless otherwise specified herein, as follows: 

18 UNITED STATES AGENCY FOR INTERNATIONAL

19 DEVELOPMENT

20 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses to carry out the provisions of 

23 chapters 1 and 10 of part I of the Foreign Assistance Act 

24 of 1961, for child survival, health, and family planning/

25 reproductive health activities, in addition to funds other26 wise available for such purposes, $1,435,500,000, to remain 
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1 available until September 30, 2005: Provided, That this 

2 amount shall be made available for such activities as: (1) 

3 immunization programs; (2) oral rehydration programs; 

4 (3) health, nutrition, water and sanitation programs which 

5 directly address the needs of mothers and children, and re6 lated education programs; (4) assistance for displaced and 

7 orphaned children; (5) programs for the prevention, treat8 ment, and control of, and research on, HIV/AIDS, tuber9 culosis, malaria, polio and other infectious diseases; and (6) 

10 family planning/reproductive health: Provided further, 

11 That none of the funds appropriated under this heading 

12 may be made available for nonproject assistance, except 

13 that funds may be made available for such assistance for 

14 ongoing health activities: Provided further, That of the 

15 funds appropriated under this heading, not to exceed 

16 $150,000, in addition to funds otherwise available for such 

17 purposes, may be used to monitor and provide oversight of 

18 child survival, maternal and family planning/reproductive 

19 health, and infectious disease programs: Provided further, 

20 That the following amounts should be allocated as follows: 

21 $345,000,000 for child survival and maternal health; 

22 $30,000,000 for vulnerable children; $500,000,000 for HIV/

23 AIDS including not less than $22,000,000 which should be 

24 made available to support the development of microbicides 

25 as a means for combating HIV/AIDS; $185,000,000 for 
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1 other infectious diseases; and $375,500,000 for family plan2 ning/reproductive health, including in areas where popu3 lation growth threatens biodiversity or endangered species: 

4 Provided further, That of the funds appropriated under this 

5 heading that are available for HIV/AIDS programs and ac6 tivities, $18,000,000 should be made available for the Inter7 national AIDS Vaccine Initiative: Provided further, That 

8 of the funds appropriated under this heading, $60,000,000 

9 should be made available for a United States contribution 

10 to The Vaccine Fund, and up to $6,000,000 may be trans11 ferred to and merged with funds appropriated by this Act 

12 under the heading ‘‘Operating Expenses of the United 

13 States Agency for International Development’’ for costs di14 rectly related to international health, but funds made avail15 able for such costs may not be derived from amounts made 

16 available for contribution under this and the preceding pro17 viso: Provided further, That none of the funds made avail18 able in this Act nor any unobligated balances from prior 

19 appropriations may be made available to any organization 

20 or program which, as determined by the President of the 

21 United States, supports or participates in the management 

22 of a program of coercive abortion or involuntary steriliza23 tion: Provided further, That none of the funds made avail24 able under this Act may be used to pay for the performance 

25 of abortion as a method of family planning or to motivate 
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1 or coerce any person to practice abortions: Provided further, 

2 That none of the funds made available under this Act may 

3 be used to lobby for or against abortion: Provided further, 

4 That in order to reduce reliance on abortion in developing 

5 nations, funds shall be available only to voluntary family 

6 planning projects which offer, either directly or through re7 ferral to, or information about access to, a broad range of 

8 family planning methods and services, and that any such 

9 voluntary family planning project shall meet the following 

10 requirements: (1) service providers or referral agents in the 

11 project shall not implement or be subject to quotas, or other 

12 numerical targets, of total number of births, number of fam13 ily planning acceptors, or acceptors of a particular method 

14 of family planning (this provision shall not be construed 

15 to include the use of quantitative estimates or indicators 

16 for budgeting and planning purposes); (2) the project shall 

17 not include payment of incentives, bribes, gratuities, or fi18 nancial reward to: (A) an individual in exchange for be19 coming a family planning acceptor; or (B) program per20 sonnel for achieving a numerical target or quota of total 

21 number of births, number of family planning acceptors, or 

22 acceptors of a particular method of family planning; (3) 

23 the project shall not deny any right or benefit, including 

24 the right of access to participate in any program of general 

25 welfare or the right of access to health care, as a consequence 
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1 of any individual’s decision not to accept family planning 

2 services; (4) the project shall provide family planning ac3 ceptors comprehensible information on the health benefits 

4 and risks of the method chosen, including those conditions 

5 that might render the use of the method inadvisable and 

6 those adverse side effects known to be consequent to the use 

7 of the method; and (5) the project shall ensure that experi8 mental contraceptive drugs and devices and medical proce9 dures are provided only in the context of a scientific study 

10 in which participants are advised of potential risks and 

11 benefits; and, not less than 60 days after the date on which 

12 the Administrator of the United States Agency for Inter13 national Development determines that there has been a vio14 lation of the requirements contained in paragraph (1), (2), 

15 (3), or (5) of this proviso, or a pattern or practice of viola16 tions of the requirements contained in paragraph (4) of this 

17 proviso, the Administrator shall submit to the Committees 

18 on Appropriations a report containing a description of such 

19 violation and the corrective action taken by the Agency: 

20 Provided further, That in awarding grants for natural fam21 ily planning under section 104 of the Foreign Assistance 

22 Act of 1961 no applicant shall be discriminated against be23 cause of such applicant’s religious or conscientious commit24 ment to offer only natural family planning; and, addition25 ally, all such applicants shall comply with the requirements 
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1 of the previous proviso: Provided further, That for purposes 

2 of this or any other Act authorizing or appropriating funds 

3 for foreign operations, export financing, and related pro4 grams, the term ‘‘motivate’’, as it relates to family planning 

5 assistance, shall not be construed to prohibit the provision, 

6 consistent with local law, of information or counseling 

7 about all pregnancy options: Provided further, That noth8 ing in this paragraph shall be construed to alter any exist9 ing statutory prohibitions against abortion under section 

10 104 of the Foreign Assistance Act of 1961: Provided further, 

11 That to the maximum extent feasible, taking into consider12 ation cost, timely availability, and best health practices, 

13 funds appropriated in this Act or prior appropriations Acts 

14 that are made available for condom procurement shall be 

15 made available only for the procurement of condoms manu16 factured in the United States: Provided further, That infor17 mation provided about the use of condoms as part of 

18 projects or activities that are funded from amounts appro19 priated by this Act shall be medically accurate and shall 

20 include the public health benefits and failure rates of such 

21 use. 

22 DEVELOPMENTASSISTANCE

23 For necessary expenses to carry out the provisions of 

24 sections 103, 105, 106, and 131, and chapter 10 of part 

25 I of the Foreign Assistance Act of 1961, $1,423,000,000, to 

26 remain available until September 30, 2005: Provided, That 
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1 none of the funds appropriated under title II of this Act 

2 that are managed by or allocated to the United States Agen3 cy for International Development’s Global Development 

4 Secretariat, may be made available except through the reg5 ular notification procedures of the Committees on Appro6 priations: Provided further, That $220,000,000 should be 

7 allocated for basic education: Provided further, That none 

8 of the funds appropriated under this heading may be made 

9 available for any activity which is in contravention to the 

10 Convention on International Trade in Endangered Species 

11 of Flora and Fauna: Provided further, That of the funds 

12 appropriated under this heading that are made available 

13 for assistance programs for displaced and orphaned chil14 dren and victims of war, not to exceed $32,500, in addition 

15 to funds otherwise available for such purposes, may be used 

16 to monitor and provide oversight of such programs: Pro17 vided further, That of the aggregate amount of the funds 

18 appropriated by this Act that are made available for agri19 culture and rural development programs, $40,000,000 

20 should be made available for plant biotechnology research 

21 and development: Provided further, That not less than 

22 $2,300,000 should be made available for core support for 

23 the International Fertilizer Development Center: Provided 

24 further, That of the funds appropriated under this heading, 

25 not less than $1,000,000 shall be made available for support 
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1 of the United States Telecommunications Training Insti2 tute: Provided further, That of the funds appropriated 

3 under this heading, not less than $20,000,000 should be 

4 made available for the American Schools and Hospitals 

5 Abroad program: Provided further, That of the funds appro6 priated under this heading, up to $3,000,000 should be 

7 made available for support of the International Real Prop8 erty Foundation: Provided further, That of the funds appro9 priated by this Act, $100,000,000 shall be made available 

10 for drinking water supply projects and related activities. 

11 INTERNATIONAL DISASTER ASSISTANCE

12 For necessary expenses for international disaster relief, 

13 rehabilitation, and reconstruction assistance pursuant to 

14 section 491 of the Foreign Assistance Act of 1961, as amend15 ed, $235,500,000, to remain available until expended. 

16 FAMINE FUND

17 For necessary expenses for famine prevention and re18 lief, including for mitigation of the effects of famine, pursu19 ant to section 491 of the Foreign Assistance Act of 1961, 

20 as amended, $100,000,000, to remain available until ex21 pended: Provided, That funds appropriated under this 

22 heading shall be available for obligation subject to prior 

23 consultation with the Committees on Appropriations. 

24 TRANSITION INITIATIVES

25 For necessary expenses for international disaster reha26 bilitation and reconstruction assistance pursuant to section 
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1 491 of the Foreign Assistance Act of 1961, $55,000,000, to 

2 remain available until expended, to support transition to 

3 democracy and to long-term development of countries in cri4 sis: Provided, That such support may include assistance to 

5 develop, strengthen, or preserve democratic institutions and 

6 processes, revitalize basic infrastructure, and foster the 

7 peaceful resolution of conflict: Provided further, That the 

8 United States Agency for International Development shall 

9 submit a report to the Committees on Appropriations at 

10 least 5 days prior to beginning a new program of assist11 ance: Provided further, That if the President determines 

12 that is important to the national interests of the United 

13 States to provide transition assistance in excess of the 

14 amount appropriated under this heading, up to $5,000,000 

15 of the funds appropriated by this Act to carry out the provi16 sions of part I of the Foreign Assistance Act of 1961 may 

17 be used for purposes of this heading and under the authori18 ties applicable to funds appropriated under this heading: 

19 Provided further, That funds made available pursuant to 

20 the previous proviso shall be made available subject to prior 

21 consultation with the Committees on Appropriations. 

22 DEVELOPMENTCREDITAUTHORITY

23 (INCLUDING TRANSFER OF FUNDS)

24 For the cost of direct loans and loan guarantees, as 

25 authorized by sections 108 and 635 of the Foreign Assist26 ance Act of 1961, up to $21,000,000, to remain available 
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1 until September 30, 2005, and to be derived by transfer 

2 from funds appropriated by this Act to carry out part I 

3 of such Act and under the heading ‘‘Assistance for Eastern 

4 Europe and the Baltic States’’: Provided, That such costs, 

5 including the cost of modifying such direct and guaranteed 

6 loans, shall be as defined in section 502 of the Congressional 

7 Budget Act of 1974, as amended: Provided further, That 

8 funds made available by this paragraph and under this 

9 heading in prior Acts making appropriations for foreign 

10 operations, export financing, and related programs, may be 

11 used for the cost of modifying any such guaranteed loans 

12 under this Act or prior Acts. 

13 In addition, for administrative expenses to carry out 

14 credit programs administered by the United States Agency 

15 for International Development, $8,000,000, to remain 

16 available until September 30, 2004, which may be trans17 ferred to and merged with the appropriation for Operating 

18 Expenses of the United States Agency for International De19 velopment. 

20 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

21 DISABILITY FUND

22 For payment to the ‘‘Foreign Service Retirement and 

23 Disability Fund’’, as authorized by the Foreign Service Act 

24 of 1980, $43,859,000. 
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1 OPERATING EXPENSES OF THE UNITED STATES AGENCY

2 FOR INTERNATIONAL DEVELOPMENT

3 For necessary expenses to carry out the provisions of 

4 section 667, $604,100,000, of which up to $25,000,000 may 

5 remain available until September 30, 2005: Provided, That 

6 none of the funds appropriated under this heading and 

7 under the heading ‘‘Capital Investment Fund’’ may be 

8 made available to finance the construction (including archi9 tect and engineering services), purchase, or long term lease 

10 of offices for use by the United States Agency for Inter11 national Development, unless the Administrator has identi12 fied such proposed construction (including architect and en13 gineering services), purchase, or long term lease of offices 

14 in a report submitted to the Committees on Appropriations 

15 at least 15 days prior to the obligation of these funds for 

16 such purposes: Provided further, That contracts or agree17 ments entered into with funds appropriated under this 

18 heading may entail commitments for the expenditure of 

19 such funds through fiscal year 2005: Provided further, That 

20 the previous proviso shall not apply where the total cost 

21 of construction (including architect and engineering serv22 ices), purchase, or long term lease of offices does not exceed 

23 $1,000,000. 

24 CAPITAL INVESTMENT FUND

25 For necessary expenses for overseas construction and 

26 related costs, and for the procurement and enhancement of 
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1 information technology and related capital investments, 

2 pursuant to section 667, $100,000,000, to remain available 

3 until expended: Provided, That this amount is in addition 

4 to funds otherwise available for such purposes: Provided 

5 further, That the Administrator of the United States Agency 

6 for International Development shall assess fair and reason7 able rental payments for the use of space by employees of 

8 other United States Government agencies in buildings con9 structed using funds appropriated under this heading, and 

10 such rental payments shall be deposited into this account 

11 as an offsetting collection: Provided further, That the rental 

12 payments collected pursuant to the previous proviso and de13 posited as an offsetting collection shall be available for obli14 gation only pursuant to the regular notification procedures 

15 of the Committees on Appropriations: Provided further, 

16 That the assignment of United States Government employ17 ees or contractors to space in buildings constructed using 

18 funds appropriated under this heading shall be subject to 

19 the concurrence of the Administrator of the United States 

20 Agency for International Development: Provided further, 

21 That funds appropriated under this heading shall be avail22 able for obligation only pursuant to the regular notification 

23 procedures of the Committees on Appropriations. 
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1 OPERATING EXPENSES OF THE UNITED STATES AGENCY

2 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN3 SPECTOR GENERAL

4 For necessary expenses to carry out the provisions of 

5 section 667 of the Foreign Assistance Act of 1961, 

6 $35,000,000, to remain available until September 30, 2005, 

7 which sum shall be available for the Office of the Inspector 

8 General of the United States Agency for International De9 velopment. 

10 OTHER BILATERAL ECONOMIC ASSISTANCE

11 ECONOMIC SUPPORTFUND

12 For necessary expenses to carry out the provisions of 

13 chapter 4 of part II, $2,415,000,000, to remain available 

14 until September 30, 2005: Provided, That of the funds ap15 propriated under this heading, not less than $480,000,000 

16 shall be available only for Israel, which sum shall be avail17 able on a grant basis as a cash transfer and shall be dis18 bursed within 30 days of the enactment of this Act: Pro19 vided further, That not less than $575,000,000 shall be 

20 available only for Egypt, which sum shall be provided on 

21 a grant basis, and of which sum cash transfer assistance 

22 shall be provided with the understanding that Egypt will 

23 undertake significant economic reforms which are addi24 tional to those which were undertaken in previous fiscal 

25 years, and of which not less than $200,000,000 shall be pro-
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1 vided as Commodity Import Program assistance: Provided 

2 further, That of the funds made available pursuant to the 

3 previous proviso, $2,000,000 shall be made available for the 

4 Ibn Khaldun Center for Development: Provided further, 

5 That the Government of Egypt should promptly provide the 

6 United States Embassy in Cairo with assurances that it 

7 will honor contracts entered into with United States compa8 nies in a timely manner: Provided further, That in exer9 cising the authority to provide cash transfer assistance for 

10 Israel, the President shall ensure that the level of such as11 sistance does not cause an adverse impact on the total level 

12 of nonmilitary exports from the United States to such coun13 try and that Israel enters into a side letter agreement in 

14 an amount proportional to the fiscal year 1999 agreement: 

15 Provided further, That of the funds appropriated under this 

16 heading, not less than $250,000,000 shall be made available 

17 for assistance for Jordan: Provided further, That of the 

18 funds appropriated under this heading, up to $5,000,000 

19 may be made available for the Yitzhak Rabin Center for 

20 Israel Studies in Tel Aviv, Israel, and up to $5,000,000 

21 may be made available for the Center for Human Dignity 

22 Museum of Tolerance in Jerusalem, Israel: Provided fur23 ther, That of the funds appropriated under this heading, 

24 up to $1,000,000 should be used to further legal reforms in 

25 the West Bank and Gaza, including judicial training on 
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1 commercial disputes and ethics: Provided further, That of 

2 the funds appropriated under this heading that are made 

3 available for assistance for Pakistan, not less than 

4 $10,000,000 should be made available to support programs 

5 and activities conducted by indigenous organizations that 

6 seek to further educational, health, employment, and other 

7 opportunities for the people of Pakistan: Provided further, 

8 That of the funds made available for indigenous organiza9 tions pursuant to the previous proviso, $4,000,000 should 

10 be made available for the Pakistan Human Development 

11 Fund and $1,000,000 for the Amanut Society: Provided fur12 ther, That $15,000,000 of the funds appropriated under this 

13 heading shall be made available for Cyprus to be used only 

14 for scholarships, administrative support of the scholarship 

15 program, bicommunal projects, and measures aimed at re16 unification of the island and designed to reduce tensions 

17 and promote peace and cooperation between the two com18 munities on Cyprus: Provided further, That $35,000,000 of 

19 the funds appropriated under this heading shall be made 

20 available for assistance for Lebanon, of which not less than 

21 $4,000,000 shall be made available only for American edu22 cational institutions for scholarships and other programs: 

23 Provided further, That notwithstanding section 634(a) of 

24 this Act, funds appropriated under this heading that are 

25 made available for assistance for the Central Government 
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1 of Lebanon shall be subject to the regular notification proce2 dures of the Committees on Appropriations: Provided fur3 ther, That the Government of Lebanon should enforce the 

4 custody and international pickup orders, issued during cal5 endar year 2001, of Lebanon’s civil courts regarding ab6 ducted American children in Lebanon: Provided further, 

7 That of the funds appropriated under this heading, not less 

8 than $10,000,000 shall be made available for programs and 

9 activities in rural Mexico to promote microcredit lending, 

10 small business and entrepreneurial development, and pri11 vate property ownership in rural communities, and to sup12 port small farmers who have been affected by adverse eco13 nomic conditions: Provided further, That funds made avail14 able pursuant to the previous proviso may be made avail15 able only if the case involving three Americans arrested in 

16 Oaxaca, Mexico on October 6, 2003, in connection with a 

17 private property dispute is resolved satisfactorily, and such 

18 funds shall be subject to the regular notification procedures 

19 of the Committees on Appropriations: Provided further, 

20 That of the funds appropriated under this heading, not less 

21 than $25,000,000 shall be made available for assistance for 

22 the Democratic Republic of Timor-Leste to support subsist23 ence agriculture and other income generating opportunities, 

24 expand basic education and vocational training, strengthen 

25 the judiciary, promote good governance and the sustainable 
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1 use of natural resources, and improve health care and other 

2 basic human services and physical infrastructure, of which 

3 up to $1,000,000 may be available for administrative ex4 penses of the United States Agency for International Devel5 opment: Provided further, That of the funds made available 

6 under this heading, not less than $2,500,000 shall be made 

7 available, in addition to amounts otherwise available for 

8 such purposes, as a United States contribution to the Office 

9 of the United Nations High Commissioner for Human 

10 Rights, to support its activities including human rights 

11 training for peacekeepers, activities to address trafficking 

12 in persons, monitoring and field activities: Provided fur13 ther, That of the funds appropriated under this heading, 

14 not less than $250,000 shall be made available to support 

15 the Commission to Investigate Illegal Groups and Clandes16 tine Security Apparatus in Guatemala: Provided further, 

17 That of the funds appropriated under this heading, not less 

18 than $2,500,000 shall be made available for assistance for 

19 countries to implement and enforce the Kimberley Process 

20 Certification Scheme: Provided further, That funds appro21 priated under this heading may be used, notwithstanding 

22 any other provision of law, to provide assistance to the Na23 tional Democratic Alliance of Sudan to strengthen its abil24 ity to protect civilians from attacks, slave raids, and aerial 

25 bombardment by the Sudanese Government forces and its 
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1 militia allies, and the provision of such funds shall be sub2 ject to the regular notification procedures of the Committees 

3 on Appropriations: Provided further, That in the previous 

4 proviso, the term ‘‘assistance’’ includes non-lethal, non-food 

5 aid such as blankets, medicine, fuel, mobile clinics, water 

6 drilling equipment, communications equipment to notify 

7 civilians of aerial bombardment, non-military vehicles, 

8 tents, and shoes: Provided further, That of the funds appro9 priated under this heading, not less than $2,500,000 shall 

10 be made available during fiscal year 2004 for a contribu11 tion to the Special Court for Sierra Leone: Provided fur12 ther, That of the funds appropriated under this heading, 

13 not less than $3,500,000 should be made available for East 

14 Asia and Pacific Environment Initiatives: Provided fur15 ther, That of the funds appropriated under this heading, 

16 $10,000,000 shall be made available to continue to support 

17 the provision of wheelchairs for needy persons in developing 

18 countries: Provided further, That of the funds appropriated 

19 under this heading, $3,000,000 should be made available 

20 for the Foundation for Security and Sustainability: Pro21 vided further, That of the funds appropriated under this 

22 heading, not less than $350,000 should be made available, 

23 notwithstanding any other provision of law, for the Na24 tional Endowment for Democracy to support democracy 

25 and human rights in North Korea: Provided further, That 
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1 of the funds appropriated under this heading, up to 

2 $1,000,000 should be made available for a program to pro3 mote greater understanding and interaction among youth 

4 in Albania, Kosovo, Montenegro and Macedonia: Provided 

5 further, That of the funds made available under this head6 ing and the heading ‘‘Office of Transition Initiatives’’, not 

7 less than $5,000,000 shall be made available for disar8 mament, demobilization, and reintegration of child soldiers 

9 in Liberia: Provided further, That of the funds appro10 priated under this heading, up to $15,000,000 should be 

11 made available as a United States contribution to the Orga12 nization of American States for expenses related to the OAS 

13 Special Mission in Haiti and the implementation of OAS 

14 Resolution 822 and subsequent resolutions related to im15 proving security and the holding of elections to resolve the 

16 political impasse created by the disputed May 2000 election: 

17 Provided further, That with respect to funds appropriated 

18 under this heading in this Act or prior Acts making appro19 priations for foreign operations, export financing, and re20 lated programs, the responsibility for policy decisions and 

21 justifications for the use of such funds, including whether 

22 there will be a program for a country that uses those funds 

23 and the amount of each such program, shall be the responsi24 bility of the Secretary of State and the Deputy Secretary 

25 of State and this responsibility shall not be delegated. 
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1 ACTIVITIES TO COMBAT HIV/AIDS GLOBALLY FUND

2 For necessary expenses to carry out the provisions of 

3 the Foreign Assistance Act of 1961 for the prevention, treat4 ment, and control of, and research on, HIV/AIDS, 

5 $700,000,000, to remain available until expended: Pro6 vided, That of the funds appropriated under this heading, 

7 up to $250,000,000 may be made available, notwith8 standing any other provision of law, except for the United 

9 States Leadership Against HIV/AIDS, Tuberculosis, and 

10 Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.) 

11 as amended by section 699J of this Act, for a United States 

12 contribution to the Global Fund to Fight AIDS, Tuber13 culosis and Malaria: Provided further, That such contribu14 tion shall be expended at the minimum rate necessary to 

15 make timely payment for projects and activities: Provided 

16 further, That of the funds appropriated under this heading, 

17 $150,000,000 is made available for the International Moth18 er and Child HIV Prevention Initiative: Provided further, 

19 That funds made available for HIV/AIDS programs and 

20 activities under the headings ‘‘Child Survival and Health 

21 Programs Fund’’, ‘‘Economic Support Fund’’, ‘‘Assistance 

22 for Eastern Europe and the Baltic States’’ and ‘‘Assistance 

23 for the Independent States of the Former Soviet Union’’ in 

24 this Act may be transferred to and merged with funds ap25 propriated under this heading: Provided further, That of 
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1 the funds appropriated under this heading, $20,000,000 

2 may be apportioned directly to the Peace Corps to remain 

3 available until expended for necessary expenses to carry out 

4 activities to combat HIV/AIDS, tuberculosis and malaria: 

5 Provided further, That of the funds appropriated under this 

6 heading, funds shall be made available to the World Health 

7 Organization’s HIV/AIDS, Tuberculosis and Malaria Clus8 ter: Provided further, That of the funds appropriated under 

9 this heading, not more than $8,000,000 may be made avail10 able for administrative expenses of the office of the ‘‘Coordi11 nator of United States Government Activities to Combat 

12 HIV/AIDS Globally’’ of the Department of State: Provided 

13 further, That of the funds appropriated under this heading, 

14 not less than $28,000,000 shall be made available for a 

15 United States contribution to UNAIDS: Provided further, 

16 That the Coordinator should seek to ensure that an appro17 priate percent of the budget for prevention and treatment 

18 programs of the Global Fund to Fight AIDS, Tuberculosis 

19 and Malaria is made available to support technical assist20 ance to ensure the quality of such programs: Provided fur21 ther, That of the funds appropriated under this heading, 

22 not less than $29,000,000 shall be made available for injec23 tion safety programs, including national planning, the pro24 vision and international transport of nonreusable 

25 autodisposable syringes or other safe injection equipment, 
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1 public education, training of health providers, waste man2 agement, and publication of quantitative results: Provided 

3 further, That of the funds appropriated under this heading, 

4 not less than $46,000,000 shall be made available for blood 

5 safety programs, including the establishment and support 

6 of national blood services, the provision of rapid HIV test 

7 kits, staff training, and quality assurance programs. 

8 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

9 STATES

10 (a) For necessary expenses to carry out the provisions 

11 of the Foreign Assistance Act of 1961 and the Support for 

12 East European Democracy (SEED) Act of 1989, 

13 $445,000,000, to remain available until September 30, 

14 2005, which shall be available, notwithstanding any other 

15 provision of law, for assistance and for related programs 

16 for Eastern Europe and the Baltic States: Provided, That 

17 of the funds appropriated under this heading that are made 

18 available for assistance for Bulgaria, $3,000,000 should be 

19 made available to enhance safety at nuclear power plants: 

20 Provided further, That of the funds appropriated under this 

21 heading, and under the headings ‘‘Assistance for the Inde22 pendent States of the Former Soviet Union’’ and ‘‘Eco23 nomic Support Fund’’, not less than $50,000,000 shall be 

24 made available for programs for the prevention, treatment, 

25 and control of, and research on, HIV/AIDS, tuberculosis, 

26 and malaria. 
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1 (b) Funds appropriated under this heading or in prior 

2 appropriations Acts that are or have been made available 

3 for an Enterprise Fund may be deposited by such Fund 

4 in interest-bearing accounts prior to the Fund’s disburse5 ment of such funds for program purposes. The Fund may 

6 retain for such program purposes any interest earned on 

7 such deposits without returning such interest to the Treas8 ury of the United States and without further appropriation 

9 by the Congress. Funds made available for Enterprise 

10 Funds shall be expended at the minimum rate necessary 

11 to make timely payment for projects and activities. 

12 (c) Funds appropriated under this heading shall be 

13 considered to be economic assistance under the Foreign As14 sistance Act of 1961 for purposes of making available the 

15 administrative authorities contained in that Act for the use 

16 of economic assistance. 

17 (d) With regard to funds appropriated under this 

18 heading for the economic revitalization program in Bosnia 

19 and Herzegovina, and local currencies generated by such 

20 funds (including the conversion of funds appropriated 

21 under this heading into currency used by Bosnia and 

22 Herzegovina as local currency and local currency returned 

23 or repaid under such program) the Administrator of the 

24 United States Agency for International Development shall 

25 provide written approval for grants and loans prior to the 
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1 obligation and expenditure of funds for such purposes, and 

2 prior to the use of funds that have been returned or repaid 

3 to any lending facility or grantee. 

4 (e) The provisions of section 629 of this Act shall apply 

5 to funds made available under subsection (d) and to funds 

6 appropriated under this heading: Provided, That notwith7 standing any provision of this or any other Act, including 

8 provisions in this subsection regarding the application of 

9 section 629 of this Act, local currencies generated by, or con10 verted from, funds appropriated by this Act and by previous 

11 appropriations Acts and made available for the economic 

12 revitalization program in Bosnia may be used in Eastern 

13 Europe and the Baltic States to carry out the provisions 

14 of the Foreign Assistance Act of 1961 and the Support for 

15 East European Democracy (SEED) Act of 1989. 

16 (f) The President is authorized to withhold funds ap17 propriated under this heading made available for economic 

18 revitalization programs in Bosnia and Herzegovina, if he 

19 determines and certifies to the Committees on Appropria20 tions that the Federation of Bosnia and Herzegovina has 

21 not complied with article III of annex 1–A of the General 

22 Framework Agreement for Peace in Bosnia and 

23 Herzegovina concerning the withdrawal of foreign forces, 

24 and that intelligence cooperation on training, investiga25 tions, and related activities between state sponsors of ter-
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1 rorism and terrorist organizations and Bosnian officials 

2 has not been terminated. 

3 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

4 FORMER SOVIETUNION

5 (a) For necessary expenses to carry out the provisions 

6 of chapters 11 and 12 of part I of the Foreign Assistance 

7 Act of 1961 and the FREEDOM Support Act, for assistance 

8 for the Independent States of the former Soviet Union and 

9 for related programs, $596,000,000, to remain available 

10 until September 30, 2005: Provided, That the provisions of 

11 such chapters shall apply to funds appropriated by this 

12 paragraph: Provided further, That of the funds made avail13 able for the Southern Caucasus region, notwithstanding any 

14 other provision of law, funds may be used for confidence15 building measures and other activities in furtherance of the 

16 peaceful resolution of the regional conflicts, especially those 

17 in the vicinity of Abkhazia and Nagorno-Karabagh: Pro18 vided further, That of the funds appropriated under this 

19 heading, $20,000,000 shall be made available solely for as20 sistance for the Russian Far East: Provided further, That 

21 $5,000,000 shall be made available to promote freedom of 

22 the media and an independent media in Russia: Provided 

23 further, That not less than $3,000,000 shall be made avail24 able for programs and activities authorized under section 

25 307 of the FREEDOM Support Act (Public Law 102–511): 

26 Provided further, That of the funds appropriated under this 
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1 heading, $500,000 shall be made available to support de2 mocracy building programs in Russia through the 

3 Sakharov Archives: Provided further, That, notwith4 standing any other provision of law, funds appropriated 

5 under this heading in this Act or prior Acts making appro6 priations for foreign operations, export financing, and re7 lated programs, that are made available pursuant to the 

8 provisions of section 807 of Public Law 102–511 shall be 

9 subject to a 6 percent ceiling on administrative expenses. 

10 (b) Of the funds appropriated under this heading that 

11 are made available for assistance for Ukraine, not less than 

12 $20,000,000 shall be made available for nuclear reactor 

13 safety initiatives, of which $14,000,000 should be for simu14 lator-related projects; and not less than $2,000,000 shall be 

15 made available for coal mine safety programs. 

16 (c) Of the funds appropriated under this heading, 

17 $75,000,000 should be made available for assistance for 

18 Georgia. 

19 (d) Of the funds appropriated under this heading, not 

20 less than $75,000,000 shall be made available for assistance 

21 for Armenia. 

22 (e)(1) Of the funds appropriated under this heading 

23 that are allocated for assistance for the Government of the 

24 Russian Federation, 60 percent shall be withheld from obli25 gation until the President determines and certifies in writ-
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1 ing to the Committees on Appropriations that the Govern2 ment of the Russian Federation: 

3 (A) has terminated implementation of arrange4 ments to provide Iran with technical expertise, train5 ing, technology, or equipment necessary to develop a 

6 nuclear reactor, related nuclear research facilities or 

7 programs, or ballistic missile capability; and 

8 (B) is providing full access to international non9 government organizations providing humanitarian 

10 relief to refugees and internally displaced persons in 

11 Chechnya. 

12 (2) Paragraph (1) shall not apply to—

13 (A) assistance to combat infectious diseases, child 

14 survival activities, or assistance for victims of traf15 ficking in persons; and 

16 (B) activities authorized under title V (Non17 proliferation and Disarmament Programs and Activi18 ties) of the FREEDOM Support Act. 

19 (f) Section 907 of the FREEDOM Support Act shall 

20 not apply to—

21 (1) activities to support democracy or assistance 

22 under title V of the FREEDOM Support Act and sec23 tion 1424 of Public Law 104–201 or non-proliferation 

24 assistance; 
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1 (2) any assistance provided by the Trade and 

2 Development Agency under section 661 of the Foreign 

3 Assistance Act of 1961 (22 U.S.C. 2421); 

4 (3) any activity carried out by a member of the 

5 United States and Foreign Commercial Service while 

6 acting within his or her official capacity; 

7 (4) any insurance, reinsurance, guarantee or 

8 other assistance provided by the Overseas Private In9 vestment Corporation under title IV of chapter 2 of 

10 part I of the Foreign Assistance Act of 1961 (22 

11 U.S.C. 2191 et seq.); 

12 (5) any financing provided under the Export13 Import Bank Act of 1945; or 

14 (6) humanitarian assistance. 

15 INDEPENDENT AGENCIES

16 INTER-AMERICAN FOUNDATION

17 For necessary expenses to carry out the functions of 

18 the Inter-American Foundation in accordance with the pro19 visions of section 401 of the Foreign Assistance Act of 1969, 

20 $16,334,000, to remain available until September 30, 2005. 

21 AFRICAN DEVELOPMENTFOUNDATION

22 For necessary expenses to carry out title V of the Inter23 national Security and Development Cooperation Act of 

24 1980, Public Law 96–533, $18,689,000, to remain available 

25 until September 30, 2005: Provided, That funds made 

26 available to grantees may be invested pending expenditure 
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1 for project purposes when authorized by the board of direc2 tors of the Foundation: Provided further, That interest 

3 earned shall be used only for the purposes for which the 

4 grant was made: Provided further, That notwithstanding 

5 section 505(a)(2) of the African Development Foundation 

6 Act, in exceptional circumstances the board of directors of 

7 the Foundation may waive the $250,000 limitation con8 tained in that section with respect to a project: Provided 

9 further, That the Foundation shall provide a report to the 

10 Committees on Appropriations after each time such waiver 

11 authority is exercised. 

12 PEACE CORPS

13 For necessary expenses to carry out the provisions of 

14 the Peace Corps Act (75 Stat. 612), $310,000,000, including 

15 the purchase of not to exceed five passenger motor vehicles 

16 for administrative purposes for use outside of the United 

17 States: Provided, That none of the funds appropriated 

18 under this heading shall be used to pay for abortions: Pro19 vided further, That funds appropriated under this heading 

20 shall remain available until September 30, 2005: Provided 

21 further, That during fiscal year 2004 and any subsequent 

22 fiscal year, the Director of the Peace Corps may make ap23 pointments or assignments, or extend current appointments 

24 or assignments, to permit United States citizens to serve 

25 for periods in excess of 5 years in the case of individuals 

26 whose appointment or assignment, such as regional safety 
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1 security officers and employees within the Office of the In2 spector General, involves the safety of Peace Corps volun3 teers: Provided further, That the Director of the Peace Corps 

4 may make such appointments or assignments notwith5 standing the provisions of section 7 of the Peace Corps Act 

6 limiting the length of an appointment or assignment, the 

7 circumstances under which such an appointment or assign8 ment may exceed 5 years, and the percentage of appoint9 ments or assignments that can be made in excess of 5 years. 

10 DEPARTMENT OF STATE

11 INTERNATIONAL NARCOTICS CONTROL AND LAW

12 ENFORCEMENT

13 For necessary expenses to carry out section 481 of the 

14 Foreign Assistance Act of 1961, $284,550,000, to remain 

15 available until expended: Provided, That during fiscal year 

16 2004, the Department of State may also use the authority 

17 of section 608 of the Foreign Assistance Act of 1961, without 

18 regard to its restrictions, to receive excess property from an 

19 agency of the United States Government for the purpose of 

20 providing it to a foreign country under chapter 8 of part 

21 I of that Act subject to the regular notification procedures 

22 of the Committees on Appropriations: Provided further, 

23 That of the funds appropriated under this heading, 

24 $20,000,000 should be made available for anti-trafficking 

25 in persons programs, including trafficking prevention, pro-
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1 tection and assistance for victims, and prosecution of traf2 fickers: Provided further, That of the funds appropriated 

3 under this heading, $7,105,000 should be made available 

4 for the International Law Enforcement Academy in 

5 Roswell, New Mexico, of which $2,105,000 should be made 

6 available for construction and completion of a new facility: 

7 Provided further, That of the funds appropriated under this 

8 heading, not more than $25,117,000 may be available for 

9 administrative expenses: Provided further, That $5,000,000 

10 of amounts made available under this heading shall be for 

11 combating piracy of United States intellectual property. 

12 ANDEAN COUNTERDRUG INITIATIVE

13 For necessary expenses to carry out section 481 of the 

14 Foreign Assistance Act of 1961 to support counterdrug ac15 tivities in the Andean region of South America, 

16 $660,000,000, to remain available until expended: Pro17 vided, That in addition to the funds appropriated under 

18 this heading and subject to the regular notification proce19 dures of the Committees on Appropriations, the President 

20 may make available up to an additional $37,000,000 for 

21 the Andean Counterdrug Initiative, which may be derived 

22 from funds appropriated under the heading ‘‘International 

23 Narcotics Control and Law Enforcement’’ in this Act and 

24 in prior Acts making appropriations for foreign operations, 

25 export financing, and related programs: Provided further, 

26 That in fiscal year 2004, funds available to the Department 
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1 of State for assistance to the Government of Colombia shall 

2 be available to support a unified campaign against nar3 cotics trafficking, against activities by organizations des4 ignated as terrorist organizations such as the Revolutionary 

5 Armed Forces of Colombia (FARC), the National Liberation 

6 Army (ELN), and the United Self-Defense Forces of Colom7 bia (AUC), and to take actions to protect human health 

8 and welfare in emergency circumstances, including under9 taking rescue operations: Provided further, That this au10 thority shall cease to be effective if the Secretary of State 

11 has credible evidence that the Colombian Armed Forces are 

12 not conducting vigorous operations to restore government 

13 authority and respect for human rights in areas under the 

14 effective control of paramilitary and guerrilla organiza15 tions: Provided further, That the President shall ensure that 

16 if any helicopter procured with funds under this heading 

17 is used to aid or abet the operations of any illegal self-de18 fense group or illegal security cooperative, such helicopter 

19 shall be immediately returned to the United States: Pro20 vided further, That the Secretary of State, in consultation 

21 with the Administrator of the United States Agency for 

22 International Development, shall provide to the Committees 

23 on Appropriations not later than 45 days after the date 

24 of the enactment of this Act and prior to the initial obliga25 tion of funds appropriated under this heading, a report on 
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1 the proposed uses of all funds under this heading on a coun2 try-by-country basis for each proposed program, project, or 

3 activity: Provided further, That of the funds appropriated 

4 under this heading, not less than $250,000,000 shall be ap5 portioned directly to the United States Agency for Inter6 national Development, to be used for alternative develop7 ment/institution building including judicial reform, of 

8 which not less than $165,000,000 shall be made available 

9 for such purposes in Colombia: Provided further, That of 

10 the funds appropriated under this heading, not less than 

11 $25,000,000 shall be made available for judicial reform in 

12 Colombia: Provided further, That of the funds appropriated 

13 under this heading, in addition to funds made available 

14 pursuant to the previous proviso, not less than $2,500,000 

15 shall be made available to protect human rights defenders 

16 in Colombia, not less than $3,500,000 shall be made avail17 able for the United Nations Office of the High Commis18 sioner for Human Rights in Colombia, not less than 

19 $10,000,000 shall be made available for assistance for the 

20 Colombian Attorney General’s Human Rights Unit, and 

21 not less than $2,500,000 shall be made available for assist22 ance for the human rights unit of the Colombian 

23 Procuraduria: Provided further, That not more than 20 

24 percent of the funds appropriated by this Act that are used 

25 for the procurement of chemicals for aerial coca and poppy 
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1 fumigation programs may be made available for such pro2 grams unless the Secretary of State, after consultation with 

3 the Administrator of the Environmental Protection Agency 

4 (EPA), certifies to the Committees on Appropriations that: 

5 (1) the herbicide mixture is being used in accordance with 

6 EPA label requirements for comparable use in the United 

7 States and any additional controls recommended by the 

8 EPA for this program, and with the Colombian Environ9 mental Management Plan for aerial fumigation; and (2) 

10 the herbicide mixture, in the manner it is being used, does 

11 not pose unreasonable risks or adverse effects to humans or 

12 the environment: Provided further, That such funds may 

13 not be made available unless the Secretary of State certifies 

14 to the Committees on Appropriations that complaints of 

15 harm to health or licit crops caused by such fumigation are 

16 evaluated and fair compensation is being paid for meri17 torious claims: Provided further, That such funds may not 

18 be made available for such purposes unless programs are 

19 being implemented by the United States Agency for Inter20 national Development, the Government of Colombia, or 

21 other organizations, in consultation with local commu22 nities, to provide alternative sources of income in areas 

23 where security permits for small-acreage growers whose il24 licit crops are targeted for fumigation: Provided further, 

25 That of the funds appropriated under this heading, not less 
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1 than $2,500,000 shall be made available for continued 

2 training, equipment, and other assistance for the Colombian 

3 National Park Service: Provided further, That none of the 

4 funds appropriated by this Act shall be made available for 

5 aerial fumigation within Colombia’s national parks: Pro6 vided further, That section 482(b) of the Foreign Assistance 

7 Act of 1961 shall not apply to funds appropriated under 

8 this heading: Provided further, That assistance provided 

9 with funds appropriated under this heading that is made 

10 available notwithstanding section 482(b) of the Foreign As11 sistance Act of 1961, as amended, and funds appropriated 

12 by this Act that are made available for Colombia, shall be 

13 made available subject to the regular notification proce14 dures of the Committees on Appropriations: Provided fur15 ther, That the provisions of section 3204(b) through (d) of 

16 Public Law 106–246, as amended by Public Law 107–115, 

17 shall be applicable to funds appropriated for fiscal year 

18 2004: Provided further, That no United States Armed 

19 Forces personnel or United States civilian contractor em20 ployed by the United States will participate in any combat 

21 operation in connection with assistance made available by 

22 this Act for Colombia: Provided further, That funds appro23 priated under this heading that are available for the Boliv24 ian military and police may be made available if the Sec25 retary of State determines and reports to the Committees 
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1 on Appropriations that (1) the Bolivian Government is vig2 orously investigating and prosecuting members of the Boliv3 ian military and police who have been credibly alleged to 

4 have committed gross violations of human rights and is 

5 promptly punishing those found to have committed such 

6 violations; and (2) the Bolivian military and police are co7 operating with such investigations and prosecutions: Pro8 vided further, That of the funds appropriated under this 

9 heading, not more than $16,285,000 may be available for 

10 administrative expenses of the Department of State, and not 

11 more than $4,500,000 may be available, in addition to 

12 amounts otherwise available for such purposes, for adminis13 trative expenses of the United States Agency for Inter14 national Development. 

15 MIGRATION AND REFUGEE ASSISTANCE

16 For expenses, not otherwise provided for, necessary to 

17 enable the Secretary of State to provide, as authorized by 

18 law, a contribution to the International Committee of the 

19 Red Cross, assistance to refugees, including contributions 

20 to the International Organization for Migration and the 

21 United Nations High Commissioner for Refugees, and other 

22 activities to meet refugee and migration needs; salaries and 

23 expenses of personnel and dependents as authorized by the 

24 Foreign Service Act of 1980; allowances as authorized by 

25 sections 5921 through 5925 of title 5, United States Code; 

26 purchase and hire of passenger motor vehicles; and services 
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1 as authorized by section 3109 of title 5, United States Code, 

2 $760,197,000, which shall remain available until expended: 

3 Provided, That not more than $21,000,000 may be available 

4 for administrative expenses: Provided further, That not less 

5 than $50,000,000 of the funds made available under this 

6 heading shall be made available for refugees from the former 

7 Soviet Union and Eastern Europe and other refugees reset8 tling in Israel: Provided further, That funds appropriated 

9 under this heading may be made available for a head10 quarters contribution to the International Committee of the 

11 Red Cross only if the Secretary of State determines (and 

12 so reports to the appropriate committees of Congress) that 

13 the Magen David Adom Society of Israel is not being denied 

14 participation in the activities of the International Red 

15 Cross and Red Crescent Movement: Provided further, That 

16 funds made available under this heading should be made 

17 available to international organizations for assistance for 

18 refugees from North Korea: Provided further, That funds 

19 made available under this heading should be made available 

20 for assistance for persons in Thailand who fled Burma for 

21 humanitarian or other reasons: Provided further, That none 

22 of the funds appropriated by this Act shall be provided to 

23 the central Government of Nepal until the Secretary of 

24 State determines and reports to the Committees on Appro25 priations that the Government of Nepal is cooperating with 
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1 the United Nations High Commissioner for Refugees and 

2 other appropriate international organizations on issues 

3 concerning the protection of refugees from Tibet. 

4 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

5 ASSISTANCE FUND

6 For necessary expenses to carry out the provisions of 

7 section 2(c) of the Migration and Refugee Assistance Act 

8 of 1962, as amended (22 U.S.C. 2601(c)), $40,000,000, to 

9 remain available until expended: Provided, That funds 

10 made available under this heading are appropriated not11 withstanding the provisions contained in section 2(c)(2) of 

12 such Act which would limit the amount of funds which 

13 could be appropriated for this purpose. 

14 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

15 RELATED PROGRAMS

16 For necessary expenses for nonproliferation, anti-ter17 rorism, demining and related programs and activities, 

18 $385,200,000, to carry out the provisions of chapter 8 of 

19 part II of the Foreign Assistance Act of 1961 for anti-ter20 rorism assistance, chapter 9 of part II of the Foreign Assist21 ance Act of 1961, section 504 of the FREEDOM Support 

22 Act, section 23 of the Arms Export Control Act or the For23 eign Assistance Act of 1961 for demining activities, the 

24 clearance of unexploded ordnance, the destruction of small 

25 arms, and related activities, notwithstanding any other 

26 provision of law, including activities implemented through 
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1 nongovernmental and international organizations, and sec2 tion 301 of the Foreign Assistance Act of 1961 for a vol3 untary contribution to the International Atomic Energy 

4 Agency (IAEA), and for a United States contribution to 

5 the Comprehensive Nuclear Test Ban Treaty Preparatory 

6 Commission: Provided, That of this amount not to exceed 

7 $35,000,000, to remain available until expended, may be 

8 made available for the Nonproliferation and Disarmament 

9 Fund, notwithstanding any other provision of law, to pro10 mote bilateral and multilateral activities relating to non11 proliferation and disarmament: Provided further, That 

12 such funds may also be used for such countries other than 

13 the Independent States of the former Soviet Union and 

14 international organizations when it is in the national secu15 rity interest of the United States to do so: Provided further, 

16 That funds appropriated under this heading may be made 

17 available for the International Atomic Energy Agency only 

18 if the Secretary of State determines (and so reports to the 

19 Congress) that Israel is not being denied its right to partici20 pate in the activities of that Agency: Provided further, That 

21 of the funds appropriated under this heading, $19,300,000 

22 shall be made available for a United States contribution 

23 to the Comprehensive Nuclear Test Ban Treaty Preparatory 

24 Commission: Provided further, That notwithstanding the 

25 previous proviso, funds earmarked in the previous proviso 
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1 that are not made available during fiscal year 2004 for a 

2 contribution to the Comprehensive Nuclear Test Ban Treaty 

3 Preparatory Commission and that are not necessary to 

4 make the United States contribution to the Commission in 

5 the amount assessed for fiscal year 2004 shall be made 

6 available for a voluntary contribution to the International 

7 Atomic Energy Agency and shall remain available until 

8 September 30, 2005: Provided further, That of the funds 

9 made available for demining and related activities, not to 

10 exceed $690,000, in addition to funds otherwise available 

11 for such purposes, may be used for administrative expenses 

12 related to the operation and management of the demining 

13 program: Provided further, That the Secretary of State is 

14 authorized to provide not to exceed $250,000 for public-pri15 vate partnerships for mine action by grant, cooperative 

16 agreement, or contract. 

17 DEPARTMENT OF THE TREASURY

18 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

19 For necessary expenses to carry out the provisions of 

20 section 129 of the Foreign Assistance Act of 1961 (relating 

21 to international affairs technical assistance activities), 

22 $12,000,000, to remain available until September 30, 2006, 

23 which shall be available notwithstanding any other provi24 sion of law. 
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1 DEBT RESTRUCTURING

2 For the cost, as defined in section 502 of the Congres3 sional Budget Act of 1974, of modifying loans and loan 

4 guarantees, as the President may determine, for which 

5 funds have been appropriated or otherwise made available 

6 for programs within the International Affairs Budget Func7 tion 150, including the cost of selling, reducing, or canceling 

8 amounts owed to the United States as a result of 

9 concessional loans made to eligible countries, pursuant to 

10 parts IV and V of the Foreign Assistance Act of 1961, and 

11 of modifying concessional credit agreements with least de12 veloped countries, as authorized under section 411 of the 

13 Agricultural Trade Development and Assistance Act of 

14 1954, as amended, and concessional loans, guarantees and 

15 credit agreements, as authorized under section 572 of the 

16 Foreign Operations, Export Financing, and Related Pro17 grams Appropriations Act, 1989 (Public Law 100–461), 

18 and of canceling amounts owed, as a result of loans or guar19 antees made pursuant to the Export-Import Bank Act of 

20 1945, by countries that are eligible for debt reduction pursu21 ant to title V of H.R. 3425 as enacted into law by section 

22 1000(a)(5) of Public Law 106–113, $195,000,000, to re23 main available until expended: Provided, That not less than 

24 $20,000,000 of the funds appropriated under this heading 

25 shall be made available to carry out the provisions of part 
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1 V of the Foreign Assistance Act of 1961: Provided further, 

2 That $75,000,000 of the funds appropriated under this 

3 heading may be used by the Secretary of the Treasury to 

4 pay to the Heavily Indebted Poor Countries (HIPC) Trust 

5 Fund administered by the International Bank for Recon6 struction and Development amounts for the benefit of coun7 tries that are eligible for debt reduction pursuant to title 

8 V of H.R. 3425 as enacted into law by section 1000(a)(5) 

9 of Public Law 106–113: Provided further, That amounts 

10 paid to the HIPC Trust Fund may be used only to fund 

11 debt reduction under the enhanced HIPC initiative by—

12 (1) the Inter-American Development Bank; 

13 (2) the African Development Fund; 

14 (3) the African Development Bank; and 

15 (4) the Central American Bank for Economic In16 tegration: 

17 Provided further, That funds may not be paid to the HIPC 

18 Trust Fund for the benefit of any country if the Secretary 

19 of State has credible evidence that the government of such 

20 country is engaged in a consistent pattern of gross viola21 tions of internationally recognized human rights or in mili22 tary or civil conflict that undermines its ability to develop 

23 and implement measures to alleviate poverty and to devote 

24 adequate human and financial resources to that end: Pro25 vided further, That on the basis of final appropriations, the 
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1 Secretary of the Treasury shall consult with the Committees 

2 on Appropriations concerning which countries and inter3 national financial institutions are expected to benefit from 

4 a United States contribution to the HIPC Trust Fund dur5 ing the fiscal year: Provided further, That the Secretary of 

6 the Treasury shall inform the Committees on Appropria7 tions not less than 15 days in advance of the signature of 

8 an agreement by the United States to make payments to 

9 the HIPC Trust Fund of amounts for such countries and 

10 institutions: Provided further, That the Secretary of the 

11 Treasury may disburse funds designated for debt reduction 

12 through the HIPC Trust Fund only for the benefit of coun13 tries that—

14 (1) have committed, for a period of 24 months, 

15 not to accept new market-rate loans from the inter16 national financial institution receiving debt repay17 ment as a result of such disbursement, other than 

18 loans made by such institutions to export-oriented 

19 commercial projects that generate foreign exchange 

20 which are generally referred to as ‘‘enclave’’ loans; 

21 and 

22 (2) have documented and demonstrated their 

23 commitment to redirect their budgetary resources 

24 from international debt repayments to programs to 

25 alleviate poverty and promote economic growth that 
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1 are additional to or expand upon those previously 

2 available for such purposes: 

3 Provided further, That any limitation of subsection (e) of 

4 section 411 of the Agricultural Trade Development and As5 sistance Act of 1954 shall not apply to funds appropriated 

6 under this heading: Provided further, That none of the 

7 funds made available under this heading in this or any 

8 other appropriations Act shall be made available for Sudan 

9 or Burma unless the Secretary of the Treasury determines 

10 and notifies the Committees on Appropriations that a 

11 democratically elected government has taken office. 

12 TITLE III—MILLENNIUM CHALLENGE 

13 ASSISTANCE 

14 SEC. 301. SHORT TITLE. This title may be cited as 

15 the ‘‘Millennium Challenge Act of 2003’’. 

16 SEC. 302. FINDINGS AND PURPOSES. (a) FINDINGS.—

17 Congress makes the following findings: 

18 (1) On March 14, 2002, President George W. 

19 Bush stated that ‘‘America supports the international 

20 development goals in the U.N. Millennium Declara21 tion, and believes that the goals are a shared responsi22 bility of developed and developing countries.’’ The 

23 President also called for a ‘‘new compact for global 

24 development, defined by new accountability for both 

25 rich and poor nations’’ and pledged support for in-
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1 creased assistance from the United States through the 

2 establishment of a Millennium Challenge Account for 

3 countries that govern justly, invest in their own peo4 ple, and encourage economic freedom. 

5 (2) The elimination of extreme poverty and the 

6 achievement of the other international development 

7 goals of the United Nations Millennium Declaration 

8 adopted by the United Nations General Assembly on 

9 September 8, 2000, are important objectives and it is 

10 appropriate for the United States to make develop11 ment assistance available in a manner that will assist 

12 in achieving such goals. 

13 (3) The availability of financial assistance 

14 through a Millennium Challenge Account, linked to 

15 performance by developing countries, can contribute 

16 significantly to the achievement of the international 

17 development goals of the United Nations Millennium 

18 Declaration. 

19 (b) PURPOSES.—The purposes of this title are—

20 (1) to provide United States assistance for global 

21 development through the Millennium Challenge Cor22 poration, as described in section 305; and 

23 (2) to provide such assistance in a manner that 

24 promotes economic growth and the elimination of ex-
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1 treme poverty and strengthens good governance, eco2 nomic freedom, and investments in people. 

3 SEC. 303. DEFINITIONS. In this title: 

4 (1) BOARD.—The term ‘‘Board’’ means the Mil5 lennium Challenge Board established by section 

6 304(c). 

7 (2) CANDIDATE COUNTRY.—The term ‘‘candidate 

8 country’’ means a country that meets the criteria set 

9 out in section 306. 

10 (3) CEO.—The term ‘‘CEO’’ means the chief ex11 ecutive officer of the Corporation established by sec12 tion 304(b). 

13 (4) CORPORATION.—The term ‘‘Corporation’’ 

14 means the Millennium Challenge Corporation estab15 lished by section 304(a). 

16 (5) ELIGIBLE COUNTRY.—The term ‘‘eligible 

17 country’’ means a candidate country that is deter18 mined, under section 307, as being eligible to receive 

19 assistance under this title. 

20 (6) MILLENNIUM CHALLENGE ACCOUNT.—The 

21 term ‘‘Millennium Challenge Account’’ means the ac22 count established under section 322. 

23 SEC. 304. ESTABLISHMENT AND MANAGEMENTOF THE

24 MILLENNIUM CHALLENGE CORPORATION. (a) ESTABLISH25 MENTOF THE CORPORATION.—There is established in the 
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1 executive branch a corporation within the meaning of sec2 tion 103 of title 5, United States Code, to be known as the 

3 Millennium Challenge Corporation with the powers and au4 thorities described in this title. 

5 (b) CEO OF THE CORPORATION.—

6 (1) IN GENERAL.—There shall be a chief execu7 tive officer of the Corporation who shall be responsible 

8 for the management of the Corporation. 

9 (2) APPOINTMENT.—The President shall appoint, 

10 by and with the advice and consent of the Senate, the 

11 CEO. 

12 (3) RELATIONSHIP TO THE SECRETARY OF

13 STATE.—The CEO shall report to and be under the 

14 direct authority and foreign policy guidance of the 

15 Secretary of State. The Secretary of State shall co16 ordinate the provision of United States foreign assist17 ance. 

18 (4) DUTIES.—The CEO shall, in consultation 

19 with the Board, direct the performance of all func20 tions and the exercise of all powers of the Corpora21 tion, including ensuring that assistance under this 

22 title is coordinated with other United States economic 

23 assistance programs. 
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1 (5) EXECUTIVE LEVEL II.—Section 5313 of title 

2 5, United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘Chief Executive Officer, Millennium Challenge 

5 Corporation.’’. 

6 (c) MILLENNIUM CHALLENGE BOARD.—

7 (1) ESTABLISHMENT OF THE BOARD.—There is 

8 established a Millennium Challenge Board. 

9 (2) COMPOSITION.—The Board shall be composed 

10 of the following members: 

11 (A) The Secretary of State, who shall serve 

12 as the Chair of the Board. 

13 (B) The Secretary of the Treasury. 

14 (C) The Administrator of the United States 

15 Agency for International Development. 

16 (D) The CEO. 

17 (E) The United States Trade Representa18 tive. 

19 (2) FUNCTIONS OF THE BOARD.—The Board 

20 shall perform the functions specified to be carried out 

21 by the Board in this title. 

22 SEC. 305. AUTHORIZATION FOR MILLENNIUM CHAL23 LENGE ASSISTANCE. (a) AUTHORITY.—The Corporation is 

24 authorized to provide assistance to an eligible entity con25 sistent with the purposes of this title set out in section 
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1 302(b) to conduct programs or projects consistent with the 

2 objectives of a Millennium Challenge Contract. Assistance 

3 provided under this title may be provided notwithstanding 

4 any other provision of law, except that the Corporation is 

5 prohibited from providing assistance to any entity for any 

6 project which is likely to—

7 (1) cause the substantial loss of United States 

8 jobs or the displacement of United States production; 

9 or 

10 (2) pose an unreasonable or major environ11 mental, health, or safety hazard. 

12 (b) EXCEPTION.—Assistance under this title may not 

13 be used for military assistance or training. 

14 (c) FORM OF ASSISTANCE.—Assistance under this title 

15 may be provided in the form of grants to eligible entities. 

16 (d) COORDINATION.—The provision of assistance 

17 under this title shall be coordinated with other United 

18 States foreign assistance programs. 

19 (e) APPLICATIONS.—An eligible entity seeking assist20 ance under this title to conduct programs or projects con21 sistent with the objectives of a Millennium Challenge Con22 tract shall submit a proposal for the use of such assistance 

23 to the Board in such manner and accompanied by such in24 formation as the Board may reasonably require. 
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1 SEC. 306. CANDIDATE COUNTRY. (a) IN GENERAL.—

2 A country is a candidate country for the purposes of this 

3 title—

4 (1) during fiscal year 2004, if such country is el5 igible to receive loans from the International Develop6 ment Association; 

7 (2) during fiscal year 2005, if the per capita in8 come of such country is less than the historical per 

9 capita income cutoff of the International Development 

10 Association for that year; and 

11 (3) during any fiscal year after 2005—

12 (A) for which more than $5,000,000,000 has 

13 been appropriated to the Millennium Challenge 

14 Account, if the country is classified as a lower 

15 middle income country by the World Bank on 

16 the first day of such fiscal year; or 

17 (B) for which not more than $5,000,000,000 

18 has been appropriated to such Millennium Chal19 lenge Account, the per capita income of such 

20 country is less than the historical per capita in21 come cutoff of the International Development As22 sociation for that year. 

23 (b) LIMITATION ON ASSISTANCE TO CERTAIN CAN24 DIDATE COUNTRIES.—In a fiscal year in which subpara25 graph (A) of subsection (a)(3) applies with respect to deter-
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1 mining candidate countries, not more than 20 percent of 

2 the amounts appropriated to the Millennium Challenge Ac3 count shall be available for assistance to countries that 

4 would not be candidate countries if subparagraph (B) of 

5 subsection (a)(3) applied during such year. 

6 SEC. 307. ELIGIBLE COUNTRY. (a) DETERMINATION

7 BY THE BOARD.—The Board shall determine whether a can8 didate country is an eligible country by evaluating the dem9 onstrated commitment of the government of the candidate 

10 country to—

11 (1) just and democratic governance, including a 

12 demonstrated commitment to—

13 (A) promote political pluralism and the 

14 rule of law; 

15 (B) respect human and civil rights; 

16 (C) protect private property rights; 

17 (D) encourage transparency and account18 ability of government; and 

19 (E) limit corruption; 

20 (2) economic freedom, including a demonstrated 

21 commitment to economic policies that—

22 (A) encourage citizens and firms to partici23 pate in global trade and international capital 

24 markets; 
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1 (B) promote private sector growth and the 

2 sustainable use of natural resources; and 

3 (C) strengthen market forces in the econ4 omy; and 

5 (3) investments in the people of such country, in6 cluding improving the availability of educational op7 portunities and health care for all citizens of such 

8 country. 

9 (b) ASSESSING ELIGIBILITY.—

10 (1) IN GENERAL.—To evaluate the demonstrated 

11 commitment of a candidate country for the purposes 

12 of subsection (a), the CEO shall recommend objective 

13 and quantifiable indicators, to be approved by the 

14 Board, of a candidate country’s performance with re15 spect to the criteria described in paragraphs (1), (2), 

16 and (3) of such subsection. In recognition of the essen17 tial role of women in developing countries, the CEO 

18 shall ensure that such indicators, where appropriate, 

19 take into account and assess the role of women and 

20 girls. The approved indicators shall be used in select21 ing eligible countries. 

22 (2) ANNUAL PUBLICATION OF INDICATORS.—

23 (A) INITIAL PUBLICATION.—Not later than 

24 45 days prior to the final publication of indica25 tors under subparagraph (B) in any year, the 
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1 Board shall publish in the Federal Register and 

2 make available on the Internet the indicators 

3 that the Board proposes to use for the purposes 

4 of paragraph (1) in such year. 

5 (B) FINAL PUBLICATION.—Not later than 

6 15 days prior to the selection of eligible countries 

7 in any year, the Board shall publish in the Fed8 eral Register and make available on the Internet 

9 the indicators that are to be used for the pur10 poses of paragraph (1) in such year. 

11 (3) CONSIDERATION OF PUBLIC COMMENT.—The 

12 Board shall consider any comments on the proposed 

13 indicators published under paragraph (2)(A) that are 

14 received within 30 days after the publication of such 

15 indicators when selecting the indicators to be used for 

16 the purposes of paragraph (1). 

17 SEC. 308. ELIGIBLE ENTITY. (a) ASSISTANCE.—Any 

18 eligible entity may receive assistance under this title to 

19 carry out a project in an eligible country for the purpose 

20 of making progress toward achieving an objective of a Mil21 lennium Challenge Contract. 

22 (b) DETERMINATIONS OF ELIGIBILITY.—The Board 

23 shall determine whether a person or governmental entity 

24 is an eligible entity for the purposes of this section. 
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1 (c) ELIGIBLE ENTITIES.—For the purposes of this sec2 tion, an eligible entity is—

3 (1) a government, including a local or regional 

4 government; or 

5 (2) a nongovernmental organization or other pri6 vate entity. 

7 SEC. 309. MILLENNIUM CHALLENGE CONTRACT. (a) IN

8 GENERAL.—The Board shall invite the government of an 

9 eligible country to enter into a Millennium Challenge Con10 tract with the Corporation. A Millennium Challenge Con11 tract shall establish a multiyear plan for the eligible coun12 try to achieve specific objectives consistent with the purposes 

13 set out in section 302(b). 

14 (b) CONTENT.—A Millennium Challenge Contract 

15 shall include—

16 (1) specific objectives to be achieved by the eligi17 ble country during the term of the Contract; 

18 (2) a description of the actions to be taken by the 

19 government of the eligible country and the United 

20 States Government for achieving such objectives; 

21 (3) the role and contribution of private entities, 

22 nongovernmental organizations, and other organiza23 tions in achieving such objectives; 

24 (4) a description of beneficiaries, to the extent 

25 possible disaggregated by gender; 
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1 (5) regular benchmarks for measuring progress 

2 toward achieving such objectives; 

3 (6) a schedule for achieving such objectives; 

4 (7) a schedule of evaluations to be performed to 

5 determine whether the country is meeting its commit6 ments under the Contract; 

7 (8) a statement that the Corporation intends to 

8 consider the eligible country’s performance in achiev9 ing such objectives in making decisions about pro10 viding continued assistance under the Contract; 

11 (9) the strategy of the eligible country to sustain 

12 progress made toward achieving such objectives after 

13 the expiration of the Contract; 

14 (10) a plan to ensure financial accountability 

15 for any assistance provided to a person or government 

16 in the eligible country under this title; and 

17 (11) a statement that nothing in the Contract 

18 may be construed to create a legally binding or en19 forceable obligation on the United States Government 

20 or on the Corporation. 

21 (c) REQUIREMENTFOR CONSULTATION.—The Cor22 poration shall seek to ensure that the government of an eli23 gible country consults with private entities and nongovern24 mental organizations in the eligible country for the purpose 

25 of ensuring that the terms of a Millennium Challenge Con-
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1 tract entered into by the Corporation and the eligible coun2 try—

3 (1) reflect the needs of the rural and urban poor 

4 in the eligible country; and 

5 (2) provide means to assist poor men and women 

6 in the eligible country to escape poverty through their 

7 own efforts. 

8 (d) REQUIREMENTFOR APPROVAL BY THE BOARD.—

9 A Millennium Challenge Contract shall be approved by the 

10 Board before the Corporation enters into the Contract. 

11 SEC. 310. SUSPENSION OF ASSISTANCE TO AN ELIGI12 BLE COUNTRY. The Secretary of State shall direct the CEO 

13 to suspend the provision of assistance to an eligible country 

14 under a Millennium Challenge Contract during any period 

15 for which such eligible country is ineligible to receive assist16 ance under a provision of the Foreign Assistance Act of 

17 1961 (22 U.S.C. 2151 et seq.). 

18 SEC. 311. DISCLOSURE. (a) REQUIREMENTFOR DIS19 CLOSURE.—The Corporation shall make available to the 

20 public on a continuous basis and on the earliest possible 

21 date, but not later than 15 days after the information is 

22 available to the Corporation, the following information: 

23 (1) A list of the candidate countries determined 

24 to be eligible countries during any year. 
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1 (2) The text of each Millennium Challenge Con2 tract entered into by the Corporation. 

3 (3) For assistance provided under this title—

4 (A) the name of each entity to which assist5 ance is provided; 

6 (B) the amount of assistance provided to the 

7 entity; and 

8 (C) a description of the program or project 

9 for which assistance was provided. 

10 (4) For each eligible country, an assessment of—

11 (A) the progress made during each year by 

12 an eligible country toward achieving the objec13 tives set out in the Millennium Challenge Con14 tract entered into by the eligible country; and 

15 (B) the extent to which assistance provided 

16 under this title has been effective in helping the 

17 eligible country to achieve such objectives. 

18 (b) DISSEMINATION.—The information required to be 

19 disclosed under subsection (a) shall be made available to 

20 the public by means of publication in the Federal Register 

21 and posting on the Internet, as well as by any other methods 

22 that the Board determines appropriate. 

23 SEC. 312. MILLENNIUM CHALLENGE ASSISTANCE TO

24 CANDIDATE COUNTRIES. (a) AUTHORITY.—Notwith25 standing any other provision of this title and subject to the 
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1 limitation in subsection (c), the Corporation is authorized 

2 to provide assistance to a candidate country that meets the 

3 conditions in subsection (b) for the purpose of assisting such 

4 country to become an eligible country. 

5 (b) CONDITIONS.—Assistance under subsection (a) 

6 may be provided to a candidate country that is not an eligi7 ble country under section 307 because of—

8 (1) the unreliability of data used to assess its eli9 gibility under section 307; or 

10 (2) the failure of the government of the candidate 

11 country to perform adequately with respect to only 1 

12 of the indicators described in subsection (a) of section 

13 307. 

14 (c) LIMITATION.—The total amount of assistance pro15 vided under subsection (a) in a fiscal year may not exceed 

16 10 percent of the funds made available to the Millennium 

17 Challenge Account during such fiscal year. 

18 SEC. 313. ANNUAL REPORTTO CONGRESS. Not later 

19 than January 31 of each year, the President shall submit 

20 to Congress a report on the assistance provided under this 

21 title during the prior fiscal year. The report shall include—

22 (1) information regarding obligations and ex23 penditures for assistance provided to each eligible 

24 country in the prior fiscal year; 
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1 (2) a discussion, for each eligible country, of the 

2 objectives of such assistance; 

3 (3) a description of the coordination of assist4 ance under this title with other United States foreign 

5 assistance and related trade policies; 

6 (4) a description of the coordination of assist7 ance under this title with the contributions of other 

8 donors; and 

9 (5) any other information the President con10 siders relevant to assistance provided under this title. 

11 SEC. 314. POWERS OF THE CORPORATION. (a) POW12 ERS.—The Corporation—

13 (1) shall have perpetual succession unless dis14 solved by an Act of Congress; 

15 (2) may adopt, alter, and use a seal, which shall 

16 be judicially noticed; 

17 (3) may prescribe, amend, and repeal such rules, 

18 regulations, and procedures as may be necessary for 

19 carrying out the functions of the Corporation; 

20 (4) may make and perform such contracts, 

21 grants, and other agreements with any person or gov22 ernment however designated and wherever situated, as 

23 may be necessary for carrying out the functions of the 

24 Corporation; 
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1 (5) may determine and prescribe the manner in 

2 which its obligations shall be incurred and its ex3 penses allowed and paid, including expenses for rep4 resentation; 

5 (6) may lease, purchase, or otherwise acquire, 

6 improve, and use such real property wherever situ7 ated, as may be necessary for carrying out the func8 tions of the Corporation; 

9 (7) may accept cash gifts or donations of services 

10 or of property (real, personal, or mixed), tangible or 

11 intangible, for the purpose of carrying out the provi12 sions of this title; 

13 (8) may use the United States mails in the same 

14 manner and on the same conditions as the executive 

15 departments of Government; 

16 (9) may contract with individuals for personal 

17 services, who shall not be considered Federal employ18 ees for any provision of law administered by the Of19 fice of Personnel Management; 

20 (10) may hire or obtain passenger motor vehi21 cles; and 

22 (11) shall have such other powers as may be nec23 essary and incident to carrying out this title. 

24 (b) CONTRACTING AUTHORITY.—The functions and 

25 powers authorized by this title may be performed without 
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1 regard to any provision of law regulating the making, per2 formance, amendment, or modification of contracts, grants, 

3 and other agreements. 

4 SEC. 315. COORDINATION WITH USAID. (a) REQUIRE5 MENTFOR COORDINATION.—An employee of the Corpora6 tion assigned to a United States diplomatic mission or con7 sular post or a United States Agency for International De8 velopment field mission in a foreign country shall, in a 

9 manner that is consistent with the authority of the Chief 

10 of Mission, coordinate the performance of the functions of 

11 the Corporation in such country with the officer in charge 

12 of the United States Agency of International Development 

13 programs located in such country. 

14 (b) USAID PROGRAMS.—The Administrator of the 

15 United States Agency for International Development shall 

16 seek to ensure that appropriate programs of the Agency play 

17 a primary role in preparing candidate countries to become 

18 eligible countries under section 307. 

19 SEC. 316. PRINCIPAL OFFICE. The Corporation shall 

20 maintain its principal office in the metropolitan area of 

21 Washington, District of Columbia. 

22 SEC. 317. PERSONNEL AUTHORITIES. (a) REQUIRE23 MENT TO PRESCRIBE A HUMAN RESOURCES MANAGEMENT

24 SYSTEM.—The CEO shall, jointly with the Director of the 

25 Office of Personnel Management, prescribe regulations that 
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1 establish a human resources management system, including 

2 a retirement benefits program, for the Corporation. 

3 (b) RELATIONSHIP TO OTHER LAWS.—

4 (1) INAPPLICABILITY OF CERTAIN LAWS.—Except 

5 as provided in paragraph (2), the provisions of title 

6 5, United States Code, and of the Foreign Service Act 

7 of 1980 (22 U.S.C. 3901 et seq.) shall not apply to 

8 the human resource management program established 

9 pursuant to paragraph (1). 

10 (2) APPLICATION OF CERTAIN LAWS.—The 

11 human resources management system established pur12 suant to subsection (a) may not waive, modify, or 

13 otherwise affect the application to employees of the 

14 Corporation of the following provisions: 

15 (A) Section 2301 of title 5, United States 

16 Code. 

17 (B) Section 2302(b) of such title. 

18 (C) Chapter 63 of such title (relating to 

19 leave). 

20 (D) Chapter 72 of such title (relating to 

21 antidiscrimination). 

22 (E) Chapter 73 of such title (relating to 

23 suitability, security, and conduct). 

24 (F) Chapter 81 of such title (relating to 

25 compensation for work injuries). 
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1 (G) Chapter 85 of such title (relating to un2 employment compensation). 

3 (H) Chapter 87 of such title (relating to life 

4 insurance). 

5 (I) Chapter 89 of such title (relating to 

6 health insurance). 

7 (J) Chapter 90 of such title (relating to 

8 long-term care insurance). 

9 (3) RELATIONSHIP TO RETIREMENT BENEFITS

10 LAWS.—The retirement benefits program referred to 

11 in subsection (a) shall permit the employees of the 

12 Corporation to be eligible, unless the CEO determines 

13 otherwise, for benefits under—

14 (A) subchapter III of chapter 83 and chap15 ter 84 of title 5, United States Code (relating to 

16 retirement benefits); or 

17 (B) chapter 8 of title I of the Foreign Serv18 ice Act of 1980 (22 U.S.C. 4041 et seq.) (relating 

19 to the Foreign Service Retirement and Disability 

20 System). 

21 (c) APPOINTMENT AND TERMINATION.—Except as oth22 erwise provided in this section, the CEO may, without re23 gard to any civil service or Foreign Service law or regula24 tion, appoint and terminate employees as may be necessary 

25 to enable the Corporation to perform its duties. 
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1 (d) COMPENSATION.—

2 (1) AUTHORITY TO FIX COMPENSATION.—Subject 

3 to the provisions of paragraph (2), the CEO may fix 

4 the compensation of employees of the Corporation. 

5 (2) LIMITATIONS ON COMPENSATION.—The com6 pensation for an employee of the Corporation may 

7 not exceed the lesser of—

8 (A) the rate of compensation established 

9 under title 5, United States Code, or any For10 eign Service law for an employee of the Federal 

11 Government who holds a position that is com12 parable to the position held by the employee of 

13 the Corporation; or 

14 (B) the rate of pay prescribed for level IV 

15 of the Executive Schedule under section 5315 of 

16 title 5, United States Code. 

17 (e) TERM OF EMPLOYMENT.—

18 (1) IN GENERAL.—Except as provided in para19 graphs (2) and (3), no individual may be employed 

20 by the Corporation for a total period of employment 

21 that exceeds 5 years. 

22 (2) EXCEPTED POSITIONS.—The CEO, and not 

23 more than 3 other employees of the Corporation who 

24 are designated by the CEO, may be employed by the 

25 Corporation for an unlimited period of employment. 
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1 (3) WAIVER.—The CEO may waive the max2 imum term of employment described in paragraph (1) 

3 if the CEO determines that such waiver is essential 

4 to the achievement of the purposes of this title. 

5 (f) AUTHORITY FOR TEMPORARY EMPLOYEES.—The 

6 CEO may procure temporary and intermittent services 

7 under section 3109(b) of title 5, United States Code, at rates 

8 for individuals which do not exceed the daily equivalent of 

9 the annual rate of basic pay prescribed for level V of the 

10 Executive Schedule under section 5316 of such title. 

11 (g) DETAIL OF FEDERAL EMPLOYEES TO THE COR12 PORATION.—Any Federal Government employee may be de13 tailed to the Corporation on a fully or partially reimburs14 able or on a nonreimbursable basis, and such detail shall 

15 be without interruption or loss of civil service or Foreign 

16 Service status or privilege. 

17 (h) REINSTATEMENT.—An employee of the Federal 

18 Government serving under a career or career conditional 

19 appointment, or the equivalent, in a Federal agency who 

20 transfers to or converts to an appointment in the Corpora21 tion with the consent of the head of the agency is entitled 

22 to be returned to the employee’s former position or a posi23 tion of like seniority, status, and pay without grade or pay 

24 reduction in the agency if the employee—
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1 (1) is being separated from the Corporation for 

2 reasons other than misconduct, neglect of duty, or 

3 malfeasance; and 

4 (2) applies for return to the agency not later 

5 than 30 days before the date of the termination of the 

6 employment in the Corporation. 

7 SEC. 318. PERSONNEL OUTSIDE THE UNITED STATES. 

8 (a) ASSIGNMENTTO UNITED STATES EMBASSIES.—An em9 ployee of the Corporation, including an individual detailed 

10 to or contracted by the Corporation, may be assigned to 

11 a United States diplomatic mission or consular post or a 

12 United States Agency for International Development field 

13 mission. 

14 (b) PRIVILEGES AND IMMUNITIES.—The Secretary of 

15 State shall seek to ensure that an employee of the Corpora16 tion, including an individual detailed to or contracted by 

17 the Corporation, and the members of the family of such em18 ployee, while the employee is performing duties in any 

19 country or place outside the United States, enjoy the privi20 leges and immunities that are enjoyed by a member of the 

21 Foreign Service, or the family of a member of the Foreign 

22 Service, as appropriate, of comparable rank and salary of 

23 such employee, if such employee or a member of the family 

24 of such employee is not a national of or permanently resi25 dent in such country or place. 
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1 (c) RESPONSIBILITY OF CHIEF OF MISSION.—An em2 ployee of the Corporation, including an individual detailed 

3 to or contracted by the Corporation, and a member of the 

4 family of such employee, shall be subject to section 207 of 

5 the Foreign Service Act of 1980 (22 U.S.C. 3927) in the 

6 same manner as United States Government employees while 

7 the employee is performing duties in any country or place 

8 outside the United States if such employee or member of 

9 the family of such employee is not a national of or perma10 nently resident in such country or place. 

11 SEC. 319. USE OF SERVICES OF OTHER AGENCIES. 

12 The Corporation may utilize the information services, fa13 cilities and personnel of, or procure commodities from, any 

14 agency of the United States Government on a fully or par15 tially reimbursable or nonreimbursable basis under such 

16 terms and conditions as may be agreed to by the head of 

17 such agency and the Corporation for carrying out this title. 

18 SEC. 320. ADMINISTRATIVE AUTHORITIES. The Cor19 poration is authorized to use any of the administrative au20 thorities contained in the State Department Basic Authori21 ties Act of 1956 (22 U.S.C. 2651a et seq.) and the Foreign 

22 Assistance Act of 1961 (22 U.S.C. 2151 et seq.) unless such 

23 authority is inconsistent with a provision of this title. 
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1 SEC. 321. APPLICABILITY OF CHAPTER 91 OF TITLE

2 31, UNITED STATES CODE. The Corporation shall be subject 

3 to chapter 91 of title 31, United States Code. 

4 SEC. 322. ESTABLISHMENT OF THE MILLENNIUM

5 CHALLENGE ACCOUNT. There is established on the books of 

6 the Treasury an account to be known as the Millennium 

7 Challenge Account that shall be administered by the CEO 

8 under the direction of the Board. All amounts made avail9 able to carry out the provisions of this title shall be depos10 ited into such Account and such amounts shall be available 

11 to carry out such provisions. 

12 SEC. 323. AUTHORIZATION OF APPROPRIATIONS. (a) 

13 IN GENERAL.—There are authorized to be appropriated to 

14 carry out the provisions of this title $1,000,000,000 for fis15 cal year 2004, $2,300,000,000 for fiscal year 2005, and 

16 $5,000,000,000 for fiscal year 2006. 

17 (b) AVAILABILITY.—Funds appropriated under sub18 section (a)—

19 (1) are authorized to remain available until ex20 pended, subject to appropriations acts; and 

21 (2) are in addition to funds otherwise available 

22 for such purposes. 

23 (c) ALLOCATION OF FUNDS.—

24 (1) IN GENERAL.—The Corporation may allocate 

25 or transfer to any agency of the United States Gov-
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1 ernment any of the funds available for carrying out 

2 this title. Such funds shall be available for obligation 

3 and expenditure for the purposes for which author4 ized, in accordance with authority granted in this 

5 title or under authority governing the activities of the 

6 agencies of the United States Government to which 

7 such funds are allocated or transferred. 

8 (2) NOTIFICATION.—The notification require9 ments of section 634A(a) of the Foreign Assistance 

10 Act of 1961 (22 U.S.C. 2394–1(a)) shall apply to any 

11 allocation or transfer of funds made pursuant to 

12 paragraph (1). 

13 SEC. 324. APPROPRIATIONS. (a) IN GENERAL.—There 

14 is hereby appropriated $1,000,000,000 for fiscal year 2004, 

15 to remain available until expended, to carry out the provi16 sions of this title to provide assistance for countries that 

17 have demonstrated commitment to—

18 (1) just and democratic governance; 

19 (2) economic freedom; and 

20 (3) investing in the well-being of their own peo21 ple. 

22 (b) NOTIFICATION.—Funds appropriated under this 

23 title shall be available for obligation only pursuant to the 

24 regular notification procedures of the Committees on Appro25 priations. 
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1 TITLE IV—MILITARY ASSISTANCE 

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 INTERNATIONAL MILITARY EDUCATION AND TRAINING

4 For necessary expenses to carry out the provisions of 

5 section 541 of the Foreign Assistance Act of 1961, 

6 $91,700,000, of which up to $3,000,000 may remain avail7 able until expended: Provided, That the civilian personnel 

8 for whom military education and training may be provided 

9 under this heading may include civilians who are not mem10 bers of a government whose participation would contribute 

11 to improved civil-military relations, civilian control of the 

12 military, or respect for human rights: Provided further, 

13 That funds appropriated under this heading for military 

14 education and training for Guatemala may only be avail15 able for expanded international military education and 

16 training, and funds made available for Algeria, Cambodia, 

17 Nigeria and Guatemala may only be provided through the 

18 regular notification procedures of the Committees on Appro19 priations. 

20 FOREIGN MILITARY FINANCING PROGRAM

21 (INCLUDING TRANSFER OF FUNDS)

22 For expenses necessary for grants to enable the Presi23 dent to carry out the provisions of section 23 of the Arms 

24 Export Control Act, $4,384,000,000: Provided, That of the 

25 funds appropriated under this heading, not less than 

26 $2,160,000,000 shall be available for grants only for Israel, 
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1 and not less than $1,300,000,000 shall be made available 

2 for grants only for Egypt: Provided further, That the funds 

3 appropriated by this paragraph for Israel shall be disbursed 

4 within 30 days of the enactment of this Act: Provided fur5 ther, That to the extent that the Government of Israel re6 quests that funds be used for such purposes, grants made 

7 available for Israel by this paragraph shall, as agreed by 

8 Israel and the United States, be available for advanced 

9 weapons systems, of which not less than $568,000,000 shall 

10 be available for the procurement in Israel of defense articles 

11 and defense services, including research and development: 

12 Provided further, That of the funds appropriated by this 

13 paragraph, $206,000,000 shall be made available for assist14 ance for Jordan: Provided further, That of the funds appro15 priated by this paragraph, $27,000,000 shall be made avail16 able for assistance for Poland: Provided further, That of the 

17 funds appropriated by this paragraph, $2,500,000 shall be 

18 made available for assistance for Armenia: Provided fur19 ther, That of the funds appropriated by this paragraph, 

20 $15,000,000 shall be transferred to and merged with funds 

21 appropriated under the heading ‘‘Nonproliferation, Anti22 Terrorism, Demining and Related Programs’’, and made 

23 available, in addition to amounts otherwise available for 

24 such purposes, as follows: $10,000,000, to remain available 

25 until expended, shall be made available to carry out the 
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1 provisions of section 504 of the FREEDOM Support Act 

2 for the Nonproliferation and Disarmament Fund, notwith3 standing any other provision of law, to promote bilateral 

4 and multilateral activities relating to nonproliferation and 

5 disarmament; $2,000,000 shall be made available to carry 

6 out the provisions of chapter 8 of part II of the Foreign 

7 Assistance Act of 1961 for the Small Arms/Light Weapons 

8 Destruction program; and $3,000,000 shall be made avail9 able as an additional contribution to the International 

10 Atomic Energy Agency: Provided further, That of the funds 

11 appropriated by this paragraph, not less than $17,000,000 

12 shall be transferred to and merged with funds appropriated 

13 under the heading ‘‘Andean Counterdrug Initiative’’ and 

14 made available for aircraft and related assistance for the 

15 Colombian National Police: Provided further, That funds 

16 appropriated by this paragraph shall be nonrepayable not17 withstanding any requirement in section 23 of the Arms 

18 Export Control Act: Provided further, That funds made 

19 available under this paragraph shall be obligated upon ap20 portionment in accordance with paragraph (5)(C) of title 

21 31, United States Code, section 1501(a). 

22 None of the funds made available under this heading 

23 shall be available to finance the procurement of defense arti24 cles, defense services, or design and construction services 

25 that are not sold by the United States Government under 
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1 the Arms Export Control Act unless the foreign country pro2 posing to make such procurements has first signed an agree3 ment with the United States Government specifying the 

4 conditions under which such procurements may be financed 

5 with such funds: Provided, That all country and funding 

6 level increases in allocations shall be submitted through the 

7 regular notification procedures of section 615 of this Act: 

8 Provided further, That none of the funds appropriated 

9 under this heading shall be available for assistance for 

10 Sudan, Guatemala and Liberia: Provided further, That 

11 funds made available under this heading may be used, not12 withstanding any other provision of law, for demining, the 

13 clearance of unexploded ordnance, and related activities, 

14 and may include activities implemented through non15 governmental and international organizations: Provided 

16 further, That the authority contained in the previous pro17 viso or any other provision of law relating to the use of 

18 funds for programs under this heading, including provi19 sions contained in previously enacted appropriations Acts, 

20 shall not apply to activities relating to the clearance of 

21 unexploded ordnance resulting from United States Armed 

22 Forces testing or training exercises: Provided further, That 

23 the previous proviso shall not apply to San Jose Island, 

24 Republic of Panama: Provided further, That only those 

25 countries for which assistance was justified for the ‘‘Foreign 
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1 Military Sales Financing Program’’ in the fiscal year 1989 

2 congressional presentation for security assistance programs 

3 may utilize funds made available under this heading for 

4 procurement of defense articles, defense services or design 

5 and construction services that are not sold by the United 

6 States Government under the Arms Export Control Act: 

7 Provided further, That funds appropriated under this head8 ing shall be expended at the minimum rate necessary to 

9 make timely payment for defense articles and services: Pro10 vided further, That not more than $40,500,000 of the funds 

11 appropriated under this heading may be obligated for nec12 essary expenses, including the purchase of passenger motor 

13 vehicles for replacement only for use outside of the United 

14 States, for the general costs of administering military as15 sistance and sales: Provided further, That not more than 

16 $361,000,000 of funds realized pursuant to section 

17 21(e)(1)(A) of the Arms Export Control Act may be obli18 gated for expenses incurred by the Department of Defense 

19 during fiscal year 2004 pursuant to section 43(b) of the 

20 Arms Export Control Act, except that this limitation may 

21 be exceeded only through the regular notification procedures 

22 of the Committees on Appropriations: Provided further, 

23 That foreign military financing program funds estimated 

24 to be outlayed for Egypt during fiscal year 2004 shall be 

25 transferred to an interest bearing account for Egypt in the 
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1 Federal Reserve Bank of New York within 30 days of enact2 ment of this Act. 

3 PEACEKEEPING OPERATIONS

4 For necessary expenses to carry out the provisions of 

5 section 551 of the Foreign Assistance Act of 1961, 

6 $84,900,000: Provided, That none of the funds appropriated 

7 under this heading shall be obligated or expended except as 

8 provided through the regular notification procedures of the 

9 Committees on Appropriations. 

10 TITLE V—MULTILATERAL ECONOMIC 

11 ASSISTANCE 

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 INTERNATIONAL FINANCIAL INSTITUTIONS

14 GLOBAL ENVIRONMENTFACILITY

15 For the United States contribution for the Global En16 vironment Facility, $170,997,000 to the International Bank 

17 for Reconstruction and Development as trustee for the Glob18 al Environment Facility, by the Secretary of the Treasury, 

19 to remain available until expended. 

20 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

21 ASSOCIATION

22 For payment to the International Development Asso23 ciation by the Secretary of the Treasury, $976,825,000, to 

24 remain available until expended. 
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1 CONTRIBUTION TO THE MULTILATERAL INVESTMENT

2 GUARANTEE AGENCY

3 For payment to the Multilateral Investment Guarantee 

4 Agency by the Secretary of the Treasury, $1,124,000, for 

5 the United States paid-in share of the increase in capital 

6 stock, to remain available until expended. 

7 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

8 The United States Governor of the Multilateral Invest9 ment Guarantee Agency may subscribe without fiscal year 

10 limitation for the callable capital portion of the United 

11 States share of such capital stock in an amount not to ex12 ceed $16,340,000. 

13 CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT

14 CORPORATION

15 For payment to the Inter-American Investment Cor16 poration, by the Secretary of the Treasury, $898,000, for 

17 the United States share of the increase in subscriptions to 

18 capital stock, to remain available until expended. 

19 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

20 MULTILATERAL INVESTMENT FUND

21 For payment to the Enterprise for the Americas Multi22 lateral Investment Fund by the Secretary of the Treasury, 

23 for the United States contribution to the fund, $30,614,000, 

24 to remain available until expended. 
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1 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

2 For the United States contribution by the Secretary 

3 of the Treasury to the increase in resources of the Asian 

4 Development Fund, as authorized by the Asian Develop5 ment Bank Act, as amended, $136,921,000, to remain 

6 available until expended. 

7 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

8 For payment to the African Development Bank by the 

9 Secretary of the Treasury, $5,105,000, for the United States 

10 paid-in share of the increase in capital stock, to remain 

11 available until expended. 

12 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

13 The United States Governor of the African Develop14 ment Bank may subscribe without fiscal year limitation for 

15 the callable capital portion of the United States share of 

16 such capital stock in an amount not to exceed $79,610,000. 

17 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

18 For the United States contribution by the Secretary 

19 of the Treasury to the increase in resources of the African 

20 Development Fund, $118,081,000, to remain available until 

21 expended. 

22 CONTRIBUTION TO THE EUROPEAN BANK FOR

23 RECONSTRUCTION AND DEVELOPMENT

24 For payment to the European Bank for Reconstruction 

25 and Development by the Secretary of the Treasury, 

26 $35,431,000, for the United States share of the paid-in por-
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1 tion of the increase in capital stock, to remain available 

2 until expended. 

3 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

4 The United States Governor of the European Bank for 

5 Reconstruction and Development may subscribe without fis6 cal year limitation to the callable capital portion of the 

7 United States share of such capital stock in an amount not 

8 to exceed $122,085,000. 

9 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

10 AGRICULTURAL DEVELOPMENT

11 For the United States contribution by the Secretary 

12 of the Treasury to increase the resources of the International 

13 Fund for Agricultural Development, $15,004,000, to remain 

14 available until expended. 

15 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

16 For necessary expenses to carry out the provisions of 

17 section 301 of the Foreign Assistance Act of 1961, and of 

18 section 2 of the United Nations Environment Program Par19 ticipation Act of 1973, $322,550,000: Provided, That of the 

20 funds appropriated under this heading, $120,000,000 shall 

21 be made available for a contribution to the United Nations 

22 Children’s Fund, $11,428,500 shall be made available for 

23 a contribution to the United Nations Environment Pro24 gram, $5,465,875 shall be made available for the United 

25 Nations Voluntary Fund for Victims of Torture, $3,621,250 

26 shall be made available for the Organization of American 
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1 States Fund for Strengthening Democracy, $1,937,975 shall 

2 be made available for International Contributions for Sci3 entific, Educational and Cultural Activities, $1,000,000 

4 shall be made available for the United Nations Center for 

5 Human Settlements, $1,500,000 shall be made available for 

6 the United Nations Fund for Human Rights, $6,732,750 

7 shall be made available for International Conservation Pro8 grams, and $5,600,000 shall be made available for the 

9 Intergovernmental Panel on Climate Change/United Na10 tions Framework Convention on Climate Change: Provided 

11 further, That none of the funds appropriated under this 

12 heading may be made available to the International Atomic 

13 Energy Agency (IAEA). 

14 TITLE VI—GENERAL PROVISIONS 

15 OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

16 SEC. 601. Except for the appropriations entitled 

17 ‘‘International Disaster Assistance’’ and ‘‘United States 

18 Emergency Refugee and Migration Assistance Fund’’, not 

19 more than 15 percent of any appropriation item made 

20 available by this Act shall be obligated during the last 

21 month of availability. 

22 PRIVATE AND VOLUNTARY ORGANIZATIONS

23 SEC. 602. (a) None of the funds appropriated or other24 wise made available by this Act for development assistance 

25 may be made available to any United States private and 

26 voluntary organization, except any cooperative development 
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1 organization, which obtains less than 20 percent of its total 

2 annual funding for international activities from sources 

3 other than the United States Government: Provided, That 

4 the Administrator of the United States Agency for Inter5 national Development, after informing the Committees on 

6 Appropriations, may, on a case-by-case basis, waive the re7 striction contained in this subsection, after taking into ac8 count the effectiveness of the overseas development activities 

9 of the organization, its level of volunteer support, its finan10 cial viability and stability, and the degree of its dependence 

11 for its financial support on the agency. 

12 (b) Funds appropriated or otherwise made available 

13 under title II of this Act should be made available to private 

14 and voluntary organizations at a level which is at least 

15 equivalent to the level provided in fiscal year 1995. 

16 LIMITATION ON RESIDENCE EXPENSES

17 SEC. 603. Of the funds appropriated or made available 

18 pursuant to this Act, not to exceed $100,500 shall be for 

19 official residence expenses of the United States Agency for 

20 International Development during the current fiscal year: 

21 Provided, That appropriate steps shall be taken to assure 

22 that, to the maximum extent possible, United States-owned 

23 foreign currencies are utilized in lieu of dollars. 

24 LIMITATION ON EXPENSES

25 SEC. 604. Of the funds appropriated or made available 

26 pursuant to this Act, not to exceed $5,000 shall be for enter-
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1 tainment expenses of the United States Agency for Inter2 national Development during the current fiscal year. 

3 LIMITATION ON REPRESENTATIONAL ALLOWANCES

4 SEC. 605. Of the funds appropriated or made available 

5 pursuant to this Act, not to exceed $125,000 shall be avail6 able for representation allowances for the United States 

7 Agency for International Development during the current 

8 fiscal year: Provided, That appropriate steps shall be taken 

9 to assure that, to the maximum extent possible, United 

10 States-owned foreign currencies are utilized in lieu of dol11 lars: Provided further, That of the funds made available by 

12 this Act for general costs of administering military assist13 ance and sales under the heading ‘‘Foreign Military Fi14 nancing Program’’, not to exceed $2,000 shall be available 

15 for entertainment expenses and not to exceed $125,000 shall 

16 be available for representation allowances: Provided further, 

17 That of the funds made available by this Act under the 

18 heading ‘‘International Military Education and Training’’, 

19 not to exceed $50,000 shall be available for entertainment 

20 allowances: Provided further, That of the funds made avail21 able by this Act for the Inter-American Foundation, not to 

22 exceed $2,000 shall be available for entertainment and rep23 resentation allowances: Provided further, That of the funds 

24 made available by this Act for the Peace Corps, not to exceed 

25 a total of $4,000 shall be available for entertainment ex26 penses: Provided further, That of the funds made available 
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1 by this Act under the heading ‘‘Trade and Development 

2 Agency’’, not to exceed $2,000 shall be available for rep3 resentation and entertainment allowances. 

4 PROHIBITION ON FINANCING NUCLEAR GOODS

5 SEC. 606. None of the funds appropriated or made 

6 available (other than funds for ‘‘Nonproliferation, Anti-ter7 rorism, Demining and Related Programs’’) pursuant to this 

8 Act, for carrying out the Foreign Assistance Act of 1961, 

9 may be used, except for purposes of nuclear safety, to fi10 nance the export of nuclear equipment, fuel, or technology. 

11 PROHIBITION AGAINSTDIRECTFUNDING FOR CERTAIN

12 COUNTRIES

13 SEC. 607. None of the funds appropriated or otherwise 

14 made available pursuant to this Act shall be obligated or 

15 expended to finance directly any assistance or reparations 

16 to Cuba, Libya, North Korea, Iran, Sudan, or Syria: Pro17 vided, That, for the purposes of section 501 of Public Law 

18 106–570, the terms ‘‘areas outside of control of the Govern19 ment of Sudan’’ and ‘‘area in Sudan outside of control of 

20 the Government of Sudan’’ shall, upon conclusion of a peace 

21 agreement between the Government of Sudan and the Sudan 

22 People’s Liberation Movement, have the same meaning and 

23 application as was the case immediately prior to the con24 clusion of such agreement: Provided further, That for pur25 poses of this section, the prohibition on obligations or ex-
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1 penditures shall include direct loans, credits, insurance and 

2 guarantees of the Export-Import Bank or its agents. 

3 MILITARY COUPS

4 SEC. 608. None of the funds appropriated or otherwise 

5 made available pursuant to this Act shall be obligated or 

6 expended to finance directly any assistance to the govern7 ment of any country whose duly elected head of government 

8 is deposed by decree or military coup: Provided, That as9 sistance may be resumed to such government if the Presi10 dent determines and certifies to the Committees on Appro11 priations that subsequent to the termination of assistance 

12 a democratically elected government has taken office: Pro13 vided further, That the provisions of this section shall not 

14 apply to assistance to promote democratic elections or pub15 lic participation in democratic processes: Provided further, 

16 That funds made available pursuant to the previous pro17 visos shall be subject to the regular notification procedures 

18 of the Committees on Appropriations. 

19 TRANSFERS

20 SEC. 609. (a) TRANSFERS BETWEEN ACCOUNTS.— 

21 None of the funds made available by this Act may be obli22 gated under an appropriation account to which they were 

23 not appropriated, except for transfers specifically provided 

24 for in this Act, unless the President, not less than five days 

25 prior to the exercise of any authority contained in the For26 eign Assistance Act of 1961 to transfer funds, consults with 
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1 and provides a written policy justification to the Commit2 tees on Appropriations of the House of Representatives and 

3 the Senate. 

4 (b) AUDITOF INTER-AGENCY TRANSFERS.—Any 

5 agreement for the transfer or allocation of funds appro6 priated by this Act, or prior Acts, entered into between the 

7 United States Agency for International Development and 

8 another agency of the United States Government under the 

9 authority of section 632(a) of the Foreign Assistance Act 

10 of 1961 or any comparable provision of law, shall expressly 

11 provide that the Office of the Inspector General for the agen12 cy receiving the transfer or allocation of such funds shall 

13 perform periodic program and financial audits of the use 

14 of such funds: Provided, That funds transferred under such 

15 authority may be made available for the cost of such audits. 

16 DEOBLIGATION/REOBLIGATION AUTHORITY

17 SEC. 610. Obligated balances of funds appropriated to 

18 carry out section 23 of the Arms Export Control Act as 

19 of the end of the fiscal year immediately preceding the cur20 rent fiscal year are, if deobligated, hereby continued avail21 able during the current fiscal year for the same purpose 

22 under any authority applicable to such appropriations 

23 under this Act: Provided, That the authority of this section 

24 may not be used in fiscal year 2004. 
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1 AVAILABILITY OF FUNDS

2 SEC. 611. No part of any appropriation contained in 

3 this Act shall remain available for obligation after the expi4 ration of the current fiscal year unless expressly so provided 

5 in this Act: Provided, That funds appropriated for the pur6 poses of chapters 1, 8, 11, and 12 of part I, section 667, 

7 chapter 4 of part II of the Foreign Assistance Act of 1961, 

8 as amended, section 23 of the Arms Export Control Act, 

9 and funds provided under the heading ‘‘Assistance for East10 ern Europe and the Baltic States’’, shall remain available 

11 for an additional four years from the date on which the 

12 availability of such funds would otherwise have expired, if 

13 such funds are initially obligated before the expiration of 

14 their respective periods of availability contained in this Act: 

15 Provided further, That, notwithstanding any other provi16 sion of this Act, any funds made available for the purposes 

17 of chapter 1 of part I and chapter 4 of part II of the Foreign 

18 Assistance Act of 1961 which are allocated or obligated for 

19 cash disbursements in order to address balance of payments 

20 or economic policy reform objectives, shall remain available 

21 until expended. 

22 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

23 SEC. 612. No part of any appropriation contained in 

24 this Act shall be used to furnish assistance to the govern25 ment of any country which is in default during a period 

26 in excess of one calendar year in payment to the United 
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1 States of principal or interest on any loan made to the gov2 ernment of such country by the United States pursuant to 

3 a program for which funds are appropriated under this Act 

4 unless the President determines, following consultations 

5 with the Committees on Appropriations, that assistance to 

6 such country is in the national interest of the United States. 

7 COMMERCE AND TRADE

8 SEC. 613. (a) None of the funds appropriated or made 

9 available pursuant to this Act for direct assistance and 

10 none of the funds otherwise made available pursuant to this 

11 Act to the Export-Import Bank and the Overseas Private 

12 Investment Corporation shall be obligated or expended to 

13 finance any loan, any assistance or any other financial 

14 commitments for establishing or expanding production of 

15 any commodity for export by any country other than the 

16 United States, if the commodity is likely to be in surplus 

17 on world markets at the time the resulting productive ca18 pacity is expected to become operative and if the assistance 

19 will cause substantial injury to United States producers of 

20 the same, similar, or competing commodity: Provided, That 

21 such prohibition shall not apply to the Export-Import Bank 

22 if in the judgment of its Board of Directors the benefits to 

23 industry and employment in the United States are likely 

24 to outweigh the injury to United States producers of the 

25 same, similar, or competing commodity, and the Chairman 

26 of the Board so notifies the Committees on Appropriations. 
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1 (b) None of the funds appropriated by this or any other 

2 Act to carry out chapter 1 of part I of the Foreign Assist3 ance Act of 1961 shall be available for any testing or breed4 ing feasibility study, variety improvement or introduction, 

5 consultancy, publication, conference, or training in connec6 tion with the growth or production in a foreign country 

7 of an agricultural commodity for export which would com8 pete with a similar commodity grown or produced in the 

9 United States: Provided, That this subsection shall not pro10 hibit—

11 (1) activities designed to increase food security 

12 in developing countries where such activities will not 

13 have a significant impact on the export of agricul14 tural commodities of the United States; or 

15 (2) research activities intended primarily to ben16 efit American producers. 

17 SURPLUS COMMODITIES

18 SEC. 614. The Secretary of the Treasury shall instruct 

19 the United States Executive Directors of the International 

20 Bank for Reconstruction and Development, the Inter21 national Development Association, the International Fi22 nance Corporation, the Inter-American Development Bank, 

23 the International Monetary Fund, the Asian Development 

24 Bank, the Inter-American Investment Corporation, the 

25 North American Development Bank, the European Bank for 

26 Reconstruction and Development, the African Development 
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1 Bank, and the African Development Fund to use the voice 

2 and vote of the United States to oppose any assistance by 

3 these institutions, using funds appropriated or made avail4 able pursuant to this Act, for the production or extraction 

5 of any commodity or mineral for export, if it is in surplus 

6 on world markets and if the assistance will cause substan7 tial injury to United States producers of the same, similar, 

8 or competing commodity. 

9 NOTIFICATION REQUIREMENTS

10 SEC. 615. For the purposes of providing the executive 

11 branch with the necessary administrative flexibility, none 

12 of the funds made available under this Act for ‘‘Child Sur13 vival and Health Programs Fund’’, ‘‘Development Assist14 ance’’, ‘‘International Organizations and Programs’’, 

15 ‘‘Trade and Development Agency’’, ‘‘International Nar16 cotics Control and Law Enforcement’’, ‘‘Andean 

17 Counterdrug Initiative’’,‘‘Assistance for Eastern Europe 

18 and the Baltic States’’, ‘‘Assistance for the Independent 

19 States of the Former Soviet Union’’, ‘‘Economic Support 

20 Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Capital Investment 

21 Fund’’, ‘‘Operating Expenses of the United States Agency 

22 for International Development’’, ‘‘Operating Expenses of 

23 the United States Agency for International Development 

24 Office of Inspector General’’, ‘‘Nonproliferation, Anti-ter25 rorism, Demining and Related Programs’’, ‘‘Foreign Mili26 tary Financing Program’’, ‘‘International Military Edu-
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1 cation and Training’’, ‘‘Peace Corps’’, and ‘‘Migration and 

2 Refugee Assistance’’, shall be available for obligation for ac3 tivities, programs, projects, type of materiel assistance, 

4 countries, or other operations not justified or in excess of 

5 the amount justified to the Committees on Appropriations 

6 for obligation under any of these specific headings unless 

7 the Committees on Appropriations of both Houses of Con8 gress are previously notified 15 days in advance: Provided, 

9 That the President shall not enter into any commitment 

10 of funds appropriated for the purposes of section 23 of the 

11 Arms Export Control Act for the provision of major defense 

12 equipment, other than conventional ammunition, or other 

13 major defense items defined to be aircraft, ships, missiles, 

14 or combat vehicles, not previously justified to Congress or 

15 20 percent in excess of the quantities justified to Congress 

16 unless the Committees on Appropriations are notified 15 

17 days in advance of such commitment: Provided further, 

18 That this section shall not apply to any reprogramming 

19 for an activity, program, or project under chapter 1 of part 

20 I of the Foreign Assistance Act of 1961 of less than 10 per21 cent of the amount previously justified to the Congress for 

22 obligation for such activity, program, or project for the cur23 rent fiscal year: Provided further, That the requirements of 

24 this section or any similar provision of this Act or any 

25 other Act, including any prior Act requiring notification 
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1 in accordance with the regular notification procedures of 

2 the Committees on Appropriations, may be waived if failure 

3 to do so would pose a substantial risk to human health or 

4 welfare: Provided further, That in case of any such waiver, 

5 notification to the Congress, or the appropriate congres6 sional committees, shall be provided as early as practicable, 

7 but in no event later than 3 days after taking the action 

8 to which such notification requirement was applicable, in 

9 the context of the circumstances necessitating such waiver: 

10 Provided further, That any notification provided pursuant 

11 to such a waiver shall contain an explanation of the emer12 gency circumstances. 

13 LIMITATION ON AVAILABILITY OF FUNDS FOR

14 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

15 SEC. 616. Subject to the regular notification proce16 dures of the Committees on Appropriations, funds appro17 priated under this Act or any previously enacted Act mak18 ing appropriations for foreign operations, export financing, 

19 and related programs, which are returned or not made 

20 available for organizations and programs because of the im21 plementation of section 307(a) of the Foreign Assistance Act 

22 of 1961, shall remain available for obligation until Sep23 tember 30, 2005. 

24 INDEPENDENT STATES OF THE FORMER SOVIET UNION

25 SEC. 617. (a) None of the funds appropriated under 

26 the heading ‘‘Assistance for the Independent States of the 
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1 Former Soviet Union’’ shall be made available for assist2 ance for a government of an Independent State of the former 

3 Soviet Union—

4 (1) unless that government is making progress in 

5 implementing comprehensive economic reforms based 

6 on market principles, private ownership, respect for 

7 commercial contracts, and equitable treatment of for8 eign private investment; and 

9 (2) if that government applies or transfers 

10 United States assistance to any entity for the purpose 

11 of expropriating or seizing ownership or control of as12 sets, investments, or ventures. 

13 Assistance may be furnished without regard to this sub14 section if the President determines that to do so is in the 

15 national interest. 

16 (b) None of the funds appropriated under the heading 

17 ‘‘Assistance for the Independent States of the Former Soviet 

18 Union’’ shall be made available for assistance for a govern19 ment of an Independent State of the former Soviet Union 

20 if that government directs any action in violation of the 

21 territorial integrity or national sovereignty of any other 

22 Independent State of the former Soviet Union, such as those 

23 violations included in the Helsinki Final Act: Provided, 

24 That such funds may be made available without regard to 

25 the restriction in this subsection if the President determines 
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1 that to do so is in the national security interest of the 

2 United States. 

3 (c) None of the funds appropriated under the heading 

4 ‘‘Assistance for the Independent States of the Former Soviet 

5 Union’’ shall be made available for any state to enhance 

6 its military capability: Provided, That this restriction does 

7 not apply to demilitarization, demining or nonproliferation 

8 programs. 

9 (d) Funds appropriated under the heading ‘‘Assistance 

10 for the Independent States of the Former Soviet Union’’ for 

11 the Russian Federation, Armenia, Georgia, and Ukraine 

12 shall be subject to the regular notification procedures of the 

13 Committees on Appropriations. 

14 (e) Funds made available in this Act for assistance for 

15 the Independent States of the former Soviet Union shall be 

16 subject to the provisions of section 117 (relating to environ17 ment and natural resources) of the Foreign Assistance Act 

18 of 1961. 

19 (f) Funds appropriated in this or prior appropriations 

20 Acts that are or have been made available for an Enterprise 

21 Fund in the Independent States of the Former Soviet Union 

22 may be deposited by such Fund in interest-bearing accounts 

23 prior to the disbursement of such funds by the Fund for 

24 program purposes. The Fund may retain for such program 

25 purposes any interest earned on such deposits without re-
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1 turning such interest to the Treasury of the United States 

2 and without further appropriation by the Congress. Funds 

3 made available for Enterprise Funds shall be expended at 

4 the minimum rate necessary to make timely payment for 

5 projects and activities. 

6 (g) In issuing new task orders, entering into contracts, 

7 or making grants, with funds appropriated in this Act or 

8 prior appropriations Acts under the heading ‘‘Assistance 

9 for the Independent States of the Former Soviet Union’’ and 

10 under comparable headings in prior appropriations Acts, 

11 for projects or activities that have as one of their primary 

12 purposes the fostering of private sector development, the Co13 ordinator for United States Assistance to the New Inde14 pendent States and the implementing agency shall encour15 age the participation of and give significant weight to con16 tractors and grantees who propose investing a significant 

17 amount of their own resources (including volunteer services 

18 and in-kind contributions) in such projects and activities. 

19 PROHIBITION ON FUNDING FOR ABORTIONS AND

20 INVOLUNTARY STERILIZATION

21 SEC. 618. None of the funds made available to carry 

22 out part I of the Foreign Assistance Act of 1961, as amend23 ed, may be used to pay for the performance of abortions 

24 as a method of family planning or to motivate or coerce 

25 any person to practice abortions. None of the funds made 

26 available to carry out part I of the Foreign Assistance Act 
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1 of 1961, as amended, may be used to pay for the perform2 ance of involuntary sterilization as a method of family 

3 planning or to coerce or provide any financial incentive 

4 to any person to undergo sterilizations. None of the funds 

5 made available to carry out part I of the Foreign Assistance 

6 Act of 1961, as amended, may be used to pay for any bio7 medical research which relates in whole or in part, to meth8 ods of, or the performance of, abortions or involuntary steri9 lization as a means of family planning. None of the funds 

10 made available to carry out part I of the Foreign Assistance 

11 Act of 1961, as amended, may be obligated or expended for 

12 any country or organization if the President certifies that 

13 the use of these funds by any such country or organization 

14 would violate any of the above provisions related to abor15 tions and involuntary sterilizations. 

16 EXPORT FINANCING TRANSFER AUTHORITIES

17 SEC. 619. Not to exceed 5 percent of any appropriation 

18 other than for administrative expenses made available for 

19 fiscal year 2004, for programs under title I of this Act may 

20 be transferred between such appropriations for use for any 

21 of the purposes, programs, and activities for which the 

22 funds in such receiving account may be used, but no such 

23 appropriation, except as otherwise specifically provided, 

24 shall be increased by more than 25 percent by any such 

25 transfer: Provided, That the exercise of such authority shall 
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1 be subject to the regular notification procedures of the Com2 mittees on Appropriations. 

3 SPECIAL NOTIFICATION REQUIREMENTS

4 SEC. 620. None of the funds appropriated by this Act 

5 shall be obligated or expended for Colombia, Liberia, Ser6 bia, Sudan, Zimbabwe, Pakistan, or the Democratic Repub7 lic of the Congo except as provided through the regular noti8 fication procedures of the Committees on Appropriations. 

9 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

10 SEC. 621. For the purpose of this Act, ‘‘program, 

11 project, and activity’’ shall be defined at the appropriations 

12 Act account level and shall include all appropriations and 

13 authorizations Acts earmarks, ceilings, and limitations 

14 with the exception that for the following accounts: Economic 

15 Support Fund and Foreign Military Financing Program, 

16 ‘‘program, project, and activity’’ shall also be considered 

17 to include country, regional, and central program level 

18 funding within each such account; for the development as19 sistance accounts of the United States Agency for Inter20 national Development ‘‘program, project, and activity’’ 

21 shall also be considered to include central, country, re22 gional, and program level funding, either as: (1) justified 

23 to the Congress; or (2) allocated by the executive branch in 

24 accordance with a report, to be provided to the Committees 

25 on Appropriations within 30 days of the enactment of this 
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1 Act, as required by section 653(a) of the Foreign Assistance 

2 Act of 1961. 

3 CHILD SURVIVAL AND HEALTH ACTIVITIES

4 SEC. 622. Up to $15,500,000 of the funds made avail5 able by this Act for assistance under the heading ‘‘Child 

6 Survival and Health Programs Fund’’, may be used to re7 imburse United States Government agencies, agencies of 

8 State governments, institutions of higher learning, and pri9 vate and voluntary organizations for the full cost of indi10 viduals (including for the personal services of such individ11 uals) detailed or assigned to, or contracted by, as the case 

12 may be, the United States Agency for International Devel13 opment for the purpose of carrying out activities under that 

14 heading: Provided, That up to $3,500,000 of the funds made 

15 available by this Act for assistance under the heading ‘‘De16 velopment Assistance’’ may be used to reimburse such agen17 cies, institutions, and organizations for such costs of such 

18 individuals carrying out other development assistance ac19 tivities: Provided further, That funds appropriated by this 

20 Act that are made available for child survival activities or 

21 disease programs including activities relating to research 

22 on, and the prevention, treatment and control of, HIV/

23 AIDS may be made available notwithstanding any other 

24 provision of law except for the United States Leadership 

25 Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 

26 (117 Stat. 711; 22 U.S.C. 7601 et seq.) as amended by sec-
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1 tion 699J of this Act: Provided further, That funds appro2 priated under title II of this Act may be made available 

3 pursuant to section 301 of the Foreign Assistance Act of 

4 1961 if a primary purpose of the assistance is for child 

5 survival and related programs: Provided further, That of 

6 the funds appropriated under title II of this Act, not less 

7 than $445,000,000 shall be made available for family plan8 ning/reproductive health. 

9 AFGHANISTAN

10 SEC. 623. Of the funds appropriated by this Act, 

11 $600,000,000 shall be made available for assistance for Af12 ghanistan, of which not less than $395,000,000 shall be 

13 made available for humanitarian, reconstruction, and re14 lated assistance: Provided, That of the funds made available 

15 pursuant to this section, not less than $164,000,000 should 

16 be from funds appropriated under the heading ‘‘Economic 

17 Support Fund’’ for rehabilitation of primary roads, imple18 mentation of the Bonn Agreement and women’s develop19 ment programs: Provided further, That of the funds made 

20 available pursuant to this section, not less than $5,000,000 

21 shall be made available for a reforestation program in Af22 ghanistan which should utilize, as appropriate, the tech23 nical expertise of American universities: Provided further, 

24 That funds made available pursuant to the previous proviso 

25 should be matched, to the maximum extent possible, with 

26 contributions from American and Afghan businesses: Pro-
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1 vided further, That of the funds made available pursuant 

2 to this section, not less than $4,500,000 shall be made avail3 able for the Afghan Independent Human Rights Commis4 sion and not less than $2,500,000 shall be made available 

5 for the Afghan Judicial Reform Commission: Provided fur6 ther, That of the funds made available pursuant to this sec7 tion, not less than $25,000,000 shall be made available to 

8 support activities of the Afghan Ministry of Women’s Af9 fairs, including to improve the capacity and effectiveness 

10 of the Ministry, and to support programs aimed at address11 ing the needs of Afghan women in consultation with other 

12 Afghan ministries: Provided further, That funds made 

13 available pursuant to this section shall be made available 

14 for training and equipment to improve the capacity of 

15 women-led Afghan nongovernmental organizations and to 

16 support the activities of such organizations: Provided fur17 ther, That not less than $2,500,000 shall be made available 

18 for assistance for Afghan communities and families that 

19 suffer losses as a result of the military operations. 

20 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

21 SEC. 624. Prior to providing excess Department of De22 fense articles in accordance with section 516(a) of the For23 eign Assistance Act of 1961, the Department of Defense shall 

24 notify the Committees on Appropriations to the same extent 

25 and under the same conditions as are other committees pur26 suant to subsection (f) of that section: Provided, That before 
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1 issuing a letter of offer to sell excess defense articles under 

2 the Arms Export Control Act, the Department of Defense 

3 shall notify the Committees on Appropriations in accord4 ance with the regular notification procedures of such Com5 mittees if such defense articles are significant military 

6 equipment (as defined in section 47(9) of the Arms Export 

7 Control Act) or are valued (in terms of original acquisition 

8 cost) at $7,000,000 or more, or if notification is required 

9 elsewhere in this Act for the use of appropriated funds for 

10 specific countries that would receive such excess defense ar11 ticles: Provided further, That such Committees shall also be 

12 informed of the original acquisition cost of such defense ar13 ticles. 

14 AUTHORIZATION REQUIREMENT

15 SEC. 625. Funds appropriated by this Act, except 

16 funds appropriated under the headings ‘‘Trade and Devel17 opment Agency’’, ‘‘International Military Education and 

18 Training’’, ‘‘Foreign Military Financing Program’’, ‘‘Mi19 gration and Refugee Assistance’’, ‘‘Peace Corps’’, ‘‘Millen20 nium Challenge Assistance’’, and ‘‘Nonproliferation, Anti21 Terrorism, Demining and Related Programs’’, may be obli22 gated and expended notwithstanding section 10 of Public 

23 Law 91–672 and section 15 of the State Department Basic 

24 Authorities Act of 1956. 
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1 DEMOCRACY PROGRAMS

2 SEC. 626. (a) Notwithstanding any other provision of 

3 law, of the funds appropriated by this Act to carry out the 

4 provisions of chapter 4 of part II of the Foreign Assistance 

5 Act of 1961, not less than $35,000,000 shall be made avail6 able for assistance for activities to support democracy, 

7 human rights, and the rule of law in the People’s Republic 

8 of China, Hong Kong and Tibet: Provided, That not to ex9 ceed $4,000,000 shall be provided to nongovernmental orga10 nizations to support activities which preserve cultural tra11 ditions and promote sustainable development and environ12 mental conservation in Tibetan communities in the Tibetan 

13 Autonomous Region and in other Tibetan communities in 

14 China, of which up to $3,000,000 may be made available 

15 for the Bridge Fund of the Rockefeller Philanthropic Advi16 sors to support such activities: Provided further, That funds 

17 appropriated under the heading ‘‘Economic Support Fund’’ 

18 should be made available for assistance for Taiwan for the 

19 purposes of furthering political and legal reforms: Provided 

20 further, That such funds shall only be made available to 

21 the extent that they are matched from sources other than 

22 the United States Government: Provided further, That 

23 funds made available pursuant to the authority of this sub24 section shall be subject to the regular notification procedures 

25 of the Committees on Appropriations. 
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1 (b) In addition to the funds made available in sub2 section (a), of the funds appropriated by this Act under the 

3 heading ‘‘Economic Support Fund’’ not less than 

4 $25,000,000 shall be made available for programs and ac5 tivities to foster democracy, human rights, civic education, 

6 women’s development, press freedoms, and the rule of law 

7 in countries with a significant Muslim population, and 

8 where such programs and activities would be important to 

9 United States efforts to respond to, deter, or prevent acts 

10 of international terrorism: Provided, That funds made 

11 available pursuant to the authority of this subsection should 

12 support new initiatives or bolster ongoing programs and 

13 activities in those countries: Provided further, That not less 

14 than $3,000,000 of such funds shall be made available for 

15 programs and activities that provide professional training 

16 for journalists: Provided further, That notwithstanding any 

17 other provision of law, not to exceed $5,000,000 of such 

18 funds may be used in coordination with the Middle East 

19 Partnership Initiative for making grants to educational, 

20 humanitarian and nongovernmental organizations and in21 dividuals inside Iran to support the advancement of democ22 racy and human rights in Iran: Provided further, That 

23 funds made available pursuant to this subsection shall be 

24 subject to the regular notification procedures of the Commit25 tees on Appropriations. 
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1 (c) Of the funds made available under subsection (a), 

2 not less than $15,000,000 shall be made available for the 

3 Human Rights and Democracy Fund of the Bureau of De4 mocracy, Human Rights and Labor, Department of State, 

5 to support the activities described in subsection (a), and 

6 of the funds made available under subsection (b), not less 

7 than $15,000,000 shall be made available for such Fund 

8 to support the activities described in subsection (b): Pro9 vided, That funds made available in this section for such 

10 Fund are in addition to the $17,000,000 requested by the 

11 President for the Fund for fiscal year 2004. 

12 (d) Of the funds made available under subsection (a), 

13 not less than $10,000,000 shall be made available for the 

14 National Endowment for Democracy to support the activi15 ties described in subsection (a), and of the funds made 

16 available under subsection (b), not less than $5,000,000 

17 shall be made available for the National Endowment for 

18 Democracy to support the activities described in subsection 

19 (b): Provided, That the funds appropriated by this Act that 

20 are made available for the National Endowment for Democ21 racy may be made available notwithstanding any other 

22 provision of law or regulation, and the Secretary of State 

23 shall provide a report to the Committees on Appropriations 

24 within 120 days of the date of enactment of this Act on 
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1 the status of the allocation, obligation, and expenditure of 

2 such funds. 

3 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

4 COUNTRIES

5 SEC. 627. (a) Funds appropriated for bilateral assist6 ance under any heading of this Act and funds appropriated 

7 under any such heading in a provision of law enacted prior 

8 to the enactment of this Act, shall not be made available 

9 to any country which the President determines—

10 (1) grants sanctuary from prosecution to any in11 dividual or group which has committed an act of 

12 international terrorism; or 

13 (2) otherwise supports international terrorism. 

14 (b) The President may waive the application of sub15 section (a) to a country if the President determines that 

16 national security or humanitarian reasons justify such 

17 waiver. The President shall publish each waiver in the Fed18 eral Register and, at least 15 days before the waiver takes 

19 effect, shall notify the Committees on Appropriations of the 

20 waiver (including the justification for the waiver) in ac21 cordance with the regular notification procedures of the 

22 Committees on Appropriations. 

23 DEBT-FOR-DEVELOPMENT

24 SEC. 628. In order to enhance the continued participa25 tion of nongovernmental organizations in economic assist26 ance activities under the Foreign Assistance Act of 1961, 
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1 including endowments, debt-for-development and debt-for2 nature exchanges, a nongovernmental organization which 

3 is a grantee or contractor of the United States Agency for 

4 International Development may place in interest bearing 

5 accounts funds made available under this Act or prior Acts 

6 or local currencies which accrue to that organization as a 

7 result of economic assistance provided under title II of this 

8 Act and any interest earned on such investment shall be 

9 used for the purpose for which the assistance was provided 

10 to that organization. 

11 SEPARATE ACCOUNTS

12 SEC. 629. (a) SEPARATE ACCOUNTS FOR LOCAL CUR13 RENCIES.—(1) If assistance is furnished to the government 

14 of a foreign country under chapters 1 and 10 of part I or 

15 chapter 4 of part II of the Foreign Assistance Act of 1961 

16 under agreements which result in the generation of local 

17 currencies of that country, the Administrator of the United 

18 States Agency for International Development shall—

19 (A) require that local currencies be deposited in 

20 a separate account established by that government; 

21 (B) enter into an agreement with that govern22 ment which sets forth—

23 (i) the amount of the local currencies to be 

24 generated; and 
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1 (ii) the terms and conditions under which 

2 the currencies so deposited may be utilized, con3 sistent with this section; and 

4 (C) establish by agreement with that government 

5 the responsibilities of the United States Agency for 

6 International Development and that government to 

7 monitor and account for deposits into and disburse8 ments from the separate account. 

9 (2) USES OF LOCAL CURRENCIES.—As may be agreed 

10 upon with the foreign government, local currencies depos11 ited in a separate account pursuant to subsection (a), or 

12 an equivalent amount of local currencies, shall be used 

13 only—

14 (A) to carry out chapter 1 or 10 of part I or 

15 chapter 4 of part II (as the case may be), for such 

16 purposes as—

17 (i) project and sector assistance activities; 

18 or 

19 (ii) debt and deficit financing; or 

20 (B) for the administrative requirements of the 

21 United States Government. 

22 (3) PROGRAMMING ACCOUNTABILITY.—The United 

23 States Agency for International Development shall take all 

24 necessary steps to ensure that the equivalent of the local cur25 rencies disbursed pursuant to subsection (a)(2)(A) from the 
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1 separate account established pursuant to subsection (a)(1) 

2 are used for the purposes agreed upon pursuant to sub3 section (a)(2). 

4 (4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon 

5 termination of assistance to a country under chapter 1 or 

6 10 of part I or chapter 4 of part II (as the case may be), 

7 any unencumbered balances of funds which remain in a 

8 separate account established pursuant to subsection (a) 

9 shall be disposed of for such purposes as may be agreed to 

10 by the government of that country and the United States 

11 Government. 

12 (5) REPORTING REQUIREMENT.—The Administrator of 

13 the United States Agency for International Development 

14 shall report on an annual basis as part of the justification 

15 documents submitted to the Committees on Appropriations 

16 on the use of local currencies for the administrative require17 ments of the United States Government as authorized in 

18 subsection (a)(2)(B), and such report shall include the 

19 amount of local currency (and United States dollar equiva20 lent) used and/or to be used for such purpose in each appli21 cable country. 

22 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) 

23 If assistance is made available to the government of a for24 eign country, under chapter 1 or 10 of part I or chapter 

25 4 of part II of the Foreign Assistance Act of 1961, as cash 
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1 transfer assistance or as nonproject sector assistance, that 

2 country shall be required to maintain such funds in a sepa3 rate account and not commingle them with any other funds. 

4 (2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—

5 Such funds may be obligated and expended notwithstanding 

6 provisions of law which are inconsistent with the nature 

7 of this assistance including provisions which are referenced 

8 in the Joint Explanatory Statement of the Committee of 

9 Conference accompanying House Joint Resolution 648 

10 (House Report No. 98–1159). 

11 (3) NOTIFICATION.—At least 15 days prior to obli12 gating any such cash transfer or nonproject sector assist13 ance, the President shall submit a notification through the 

14 regular notification procedures of the Committees on Appro15 priations, which shall include a detailed description of how 

16 the funds proposed to be made available will be used, with 

17 a discussion of the United States interests that will be 

18 served by the assistance (including, as appropriate, a de19 scription of the economic policy reforms that will be pro20 moted by such assistance). 

21 (4) EXEMPTION.—Nonproject sector assistance funds 

22 may be exempt from the requirements of subsection (b)(1) 

23 only through the notification procedures of the Committees 

24 on Appropriations. 
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1 COMPENSATION FOR UNITED STATES EXECUTIVE

2 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

3 SEC. 630. (a) No funds appropriated by this Act may 

4 be made as payment to any international financial institu5 tion while the United States Executive Director to such in6 stitution is compensated by the institution at a rate which, 

7 together with whatever compensation such Director receives 

8 from the United States, is in excess of the rate provided 

9 for an individual occupying a position at level IV of the 

10 Executive Schedule under section 5315 of title 5, United 

11 States Code, or while any alternate United States Director 

12 to such institution is compensated by the institution at a 

13 rate in excess of the rate provided for an individual occu14 pying a position at level V of the Executive Schedule under 

15 section 5316 of title 5, United States Code. 

16 (b) For purposes of this section, ‘‘international finan17 cial institutions’’ are: the International Bank for Recon18 struction and Development, the Inter-American Develop19 ment Bank, the Asian Development Bank, the Asian Devel20 opment Fund, the African Development Bank, the African 

21 Development Fund, the International Monetary Fund, the 

22 North American Development Bank, and the European 

23 Bank for Reconstruction and Development. 
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1 DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN

2 THE RUSSIAN FEDERATION

3 SEC. 631. None of the funds appropriated under this 

4 Act may be made available for the Government of the Rus5 sian Federation, after 180 days from the date of the enact6 ment of this Act, unless the President determines and cer7 tifies in writing to the Committees on Appropriations that 

8 the Government of the Russian Federation has implemented 

9 no statute, executive order, regulation or similar govern10 ment action that would discriminate, or who have as its 

11 principal effect discrimination, against religious groups or 

12 religious communities in the Russian Federation in viola13 tion of accepted international agreements on human rights 

14 and religious freedoms to which the Russian Federation is 

15 a party. 

16 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

17 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

18 SEC. 632. Unless expressly provided to the contrary, 

19 provisions of this or any other Act, including provisions 

20 contained in prior Acts authorizing or making appropria21 tions for foreign operations, export financing, and related 

22 programs, shall not be construed to prohibit activities au23 thorized by or conducted under the Peace Corps Act, the 

24 Inter-American Foundation Act or the African Develop25 ment Foundation Act. The agency shall promptly report to 

26 the Committees on Appropriations whenever it is con-
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1 ducting activities or is proposing to conduct activities in 

2 a country for which assistance is prohibited. 

3 IMPACT ON JOBS IN THE UNITED STATES

4 SEC. 633. None of the funds appropriated by this Act 

5 may be obligated or expended to provide—

6 (a) any financial incentive to a business enter7 prise currently located in the United States for the 

8 purpose of inducing such an enterprise to relocate 

9 outside the United States if such incentive or induce10 ment is likely to reduce the number of employees of 

11 such business enterprise in the United States because 

12 United States production is being replaced by such 

13 enterprise outside the United States; or 

14 (b) assistance for any program, project, or activ15 ity that contributes to the violation of internationally 

16 recognized workers rights, as defined in section 507(4) 

17 of the Trade Act of 1974, of workers in the recipient 

18 country, including any designated zone or area in 

19 that country: Provided, That the application of sec20 tion 507(4) (D) and (E) of such Act should be com21 mensurate with the level of development of the recipi22 ent country and sector, and shall not preclude assist23 ance for the informal sector in such country, micro 

24 and small-scale enterprise, and smallholder agri25 culture. 
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1 SPECIAL AUTHORITIES

2 SEC. 634. (a) AFGHANISTAN, PAKISTAN, LEBANON, 

3 MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, 

4 AND DISPLACED BURMESE.—Funds appropriated by this 

5 Act that are made available for assistance for Afghanistan 

6 may be made available notwithstanding section 612 of this 

7 Act or any similar provision of law and section 660 of the 

8 Foreign Assistance Act of 1961, and funds appropriated in 

9 titles I and II of this Act that are made available for Leb10 anon, Montenegro, Pakistan, and for victims of war, dis11 placed children, and displaced Burmese, and to assist vic12 tims of trafficking in persons and, subject to the regular 

13 notification procedures of the Committees on Appropria14 tions, to combat such trafficking, may be made available 

15 notwithstanding any other provision of law. 

16 (b) TROPICAL FORESTRY AND BIODIVERSITY CON17 SERVATION ACTIVITIES.—Funds appropriated by this Act 

18 to carry out the provisions of sections 103 through 106, and 

19 chapter 4 of part II, of the Foreign Assistance Act of 1961 

20 may be used, notwithstanding any other provision of law, 

21 for the purpose of supporting tropical forestry and biodiver22 sity conservation activities and energy programs aimed at 

23 reducing greenhouse gas emissions: Provided, That such as24 sistance shall be subject to sections 116, 502B, and 620A 

25 of the Foreign Assistance Act of 1961. 
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1 (c) PERSONAL SERVICES CONTRACTORS.—Funds ap2 propriated by this Act to carry out chapter 1 of part I, 

3 chapter 4 of part II, and section 667 of the Foreign Assist4 ance Act of 1961, and title II of the Agricultural Trade 

5 Development and Assistance Act of 1954, may be used by 

6 the United States Agency for International Development to 

7 employ up to 25 personal services contractors in the United 

8 States, notwithstanding any other provision of law, for the 

9 purpose of providing direct, interim support for new or ex10 panded overseas programs and activities managed by the 

11 agency until permanent direct hire personnel are hired and 

12 trained: Provided, That not more than 10 of such contrac13 tors shall be assigned to any bureau or office: Provided fur14 ther, That such funds appropriated to carry out title II of 

15 the Agricultural Trade Development and Assistance Act of 

16 1954, may be made available only for personal services con17 tractors assigned to the Office of Food for Peace. 

18 (d)(1) WAIVER.—The President may waive the provi19 sions of section 1003 of Public Law 100–204 if the Presi20 dent determines and certifies in writing to the Speaker of 

21 the House of Representatives and the President pro tempore 

22 of the Senate that it is important to the national security 

23 interests of the United States. 

24 (2) PERIOD OF APPLICATION OF WAIVER.—Any waiver 

25 pursuant to paragraph (1) shall be effective for no more 
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1 than a period of 6 months at a time and shall not apply 

2 beyond 12 months after the enactment of this Act. 

3 (e) CONTINGENCIES.—During fiscal year 2004, the 

4 President may use up to $50,000,000 under the authority 

5 of section 451 of the Foreign Assistance Act, notwith6 standing the funding ceiling in section 451(a). 

7 (f) SMALL BUSINESS.—In entering into multiple 

8 award indefinite-quantity contracts with funds appro9 priated by this Act, the United States Agency for Inter10 national Development may provide an exception to the fair 

11 opportunity process for placing task orders under such con12 tracts when the order is placed with any category of small 

13 or small disadvantaged business. 

14 (g) SHIPMENTOF HUMANITARIAN ASSISTANCE.—Dur15 ing fiscal year 2004, of the amounts made available by the 

16 United States Agency for International Development to 

17 carry out the provisions of section 123(b) of the Foreign 

18 Assistance Act of 1961, funds may be made available to 

19 nongovernmental organizations for administrative costs 

20 necessary to implement a program to obtain available do21 nated space on commercial ships for the shipment of hu22 manitarian assistance overseas. 

23 (h) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—

24 In providing assistance with funds appropriated by this 

25 Act under section 660(b)(6) of the Foreign Assistance Act 
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1 of 1961, support for a nation emerging from instability 

2 may be deemed to mean support for regional, district, mu3 nicipal, or other sub-national entity emerging from insta4 bility, as well as a nation emerging from instability. 

5 (i) WORLD FOOD PROGRAM.—Of the funds managed 

6 by the Bureau for Democracy, Conflict, and Humanitarian 

7 Assistance of the United States Agency for International 

8 Development, from this or any other Act, not less than 

9 $6,000,000 shall be made available as a general contribu10 tion to the World Food Program, notwithstanding any other 

11 provision of law. 

12 (j) WAIVER.—The prohibition in section 694 of this 

13 Act may be waived on a country by country basis if the 

14 President determines that doing so is in the national secu15 rity interest of the United States: Provided, That prior to 

16 exercising such waiver authority, the President shall submit 

17 a report to the Committees on Appropriations describing: 

18 (1) the steps the Administration is taking to ob19 tain the cooperation of the government in surren20 dering the indictee in question to the Special Court 

21 for Sierra Leone (SCSL) or the International Crimi22 nal Tribunal for Rwanda (ICTR); 

23 (2) a strategy for bringing the indictee before 

24 ICTR or SCSL; and 
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1 (3) the justification for exercising the waiver au2 thority. 

3 ARAB LEAGUE BOYCOTT OF ISRAEL

4 SEC. 635. It is the sense of the Congress that—

5 (1) the Arab League boycott of Israel, and the 

6 secondary boycott of American firms that have com7 mercial ties with Israel, is an impediment to peace 

8 in the region and to United States investment and 

9 trade in the Middle East and North Africa; 

10 (2) the Arab League boycott, which was regret11 tably reinstated in 1997, should be immediately and 

12 publicly terminated, and the Central Office for the 

13 Boycott of Israel immediately disbanded; 

14 (3) the three Arab League countries with diplo15 matic and trade relations with Israel should return 

16 their ambassadors to Israel, should refrain from 

17 downgrading their relations with Israel, and should 

18 play a constructive role in securing a peaceful resolu19 tion of the Israeli-Arab conflict; 

20 (4) the remaining Arab League states should 

21 normalize relations with their neighbor Israel; 

22 (5) the President and the Secretary of State 

23 should continue to vigorously oppose the Arab League 

24 boycott of Israel and find concrete steps to dem25 onstrate that opposition by, for example, taking into 

26 consideration the participation of any recipient coun-
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1 try in the boycott when determining to sell weapons 

2 to said country; and 

3 (6) the President should report to Congress an4 nually on specific steps being taken by the United 

5 States to encourage Arab League states to normalize 

6 their relations with Israel to bring about the termi7 nation of the Arab League boycott of Israel, including 

8 those to encourage allies and trading partners of the 

9 United States to enact laws prohibiting businesses 

10 from complying with the boycott and penalizing busi11 nesses that do comply. 

12 ADMINISTRATION OF JUSTICE ACTIVITIES

13 SEC. 636. Of the funds appropriated or otherwise made 

14 available by this Act for ‘‘Economic Support Fund’’, assist15 ance may be provided to strengthen the administration of 

16 justice in countries in Latin America and the Caribbean 

17 and in other regions consistent with the provisions of sec18 tion 534(b) of the Foreign Assistance Act of 1961, except 

19 that programs to enhance protection of participants in ju20 dicial cases may be conducted notwithstanding section 660 

21 of that Act. Funds made available pursuant to this section 

22 may be made available notwithstanding section 534(c) and 

23 the second and third sentences of section 534(e) of the For24 eign Assistance Act of 1961. 
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1 ELIGIBILITY FOR ASSISTANCE

2 SEC. 637. (a) ASSISTANCE THROUGH NONGOVERN3 MENTAL ORGANIZATIONS.—Restrictions contained in this 

4 or any other Act with respect to assistance for a country 

5 shall not be construed to restrict assistance in support of 

6 programs of nongovernmental organizations from funds ap7 propriated by this Act to carry out the provisions of chap8 ters 1, 10, 11, and 12 of part I and chapter 4 of part II 

9 of the Foreign Assistance Act of 1961, and from funds ap10 propriated under the heading ‘‘Assistance for Eastern Eu11 rope and the Baltic States’’: Provided, That before using 

12 the authority of this subsection to furnish assistance in sup13 port of programs of nongovernmental organizations, the 

14 President shall notify the Committees on Appropriations 

15 under the regular notification procedures of those commit16 tees, including a description of the program to be assisted, 

17 the assistance to be provided, and the reasons for furnishing 

18 such assistance: Provided further, That nothing in this sub19 section shall be construed to alter any existing statutory 

20 prohibitions against abortion or involuntary sterilizations 

21 contained in this or any other Act. 

22 (b) PUBLIC LAW 480.—During fiscal year 2004, re23 strictions contained in this or any other Act with respect 

24 to assistance for a country shall not be construed to restrict 

25 assistance under the Agricultural Trade Development and 
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1 Assistance Act of 1954: Provided, That none of the funds 

2 appropriated to carry out title I of such Act and made 

3 available pursuant to this subsection may be obligated or 

4 expended except as provided through the regular notifica5 tion procedures of the Committees on Appropriations. 

6 (c) EXCEPTION.—This section shall not apply—

7 (1) with respect to section 620A of the Foreign 

8 Assistance Act of 1961 or any comparable provision 

9 of law prohibiting assistance to countries that support 

10 international terrorism; or 

11 (2) with respect to section 116 of the Foreign As12 sistance Act of 1961 or any comparable provision of 

13 law prohibiting assistance to the government of a 

14 country that violates internationally recognized 

15 human rights. 

16 EARMARKS

17 SEC. 638. (a) Funds appropriated by this Act which 

18 are earmarked may be reprogrammed for other programs 

19 within the same account notwithstanding the earmark if 

20 compliance with the earmark is made impossible by oper21 ation of any provision of this or any other Act: Provided, 

22 That any such reprogramming shall be subject to the reg23 ular notification procedures of the Committees on Appro24 priations: Provided further, That assistance that is repro25 grammed pursuant to this subsection shall be made avail-
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1 able under the same terms and conditions as originally pro2 vided. 

3 (b) In addition to the authority contained in sub4 section (a), the original period of availability of funds ap5 propriated by this Act and administered by the United 

6 States Agency for International Development that are ear7 marked for particular programs or activities by this or any 

8 other Act shall be extended for an additional fiscal year 

9 if the Administrator of such agency determines and reports 

10 promptly to the Committees on Appropriations that the ter11 mination of assistance to a country or a significant change 

12 in circumstances makes it unlikely that such earmarked 

13 funds can be obligated during the original period of avail14 ability: Provided, That such earmarked funds that are con15 tinued available for an additional fiscal year shall be obli16 gated only for the purpose of such earmark. 

17 CEILINGS AND EARMARKS

18 SEC. 639. Ceilings and earmarks contained in this Act 

19 shall not be applicable to funds or authorities appropriated 

20 or otherwise made available by any subsequent Act unless 

21 such Act specifically so directs. Earmarks or minimum 

22 funding requirements or prohibitions contained in any 

23 other Act shall not be applicable to funds appropriated by 

24 this Act. 
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1 PROHIBITION ON PUBLICITY OR PROPAGANDA

2 SEC. 640. No part of any appropriation contained in 

3 this Act shall be used for publicity or propaganda purposes 

4 within the United States not authorized before the date of 

5 the enactment of this Act by the Congress: Provided, That 

6 not to exceed $750,000 may be made available to carry out 

7 the provisions of section 316 of Public Law 96–533. 

8 PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

9 SEC. 641. None of the funds appropriated or made 

10 available pursuant to this Act for carrying out the Foreign 

11 Assistance Act of 1961, may be used to pay in whole or 

12 in part any assessments, arrearages, or dues of any member 

13 of the United Nations or, from funds appropriated by this 

14 Act to carry out chapter 1 of part I of the Foreign Assist15 ance Act of 1961, the costs for participation of another 

16 country’s delegation at international conferences held under 

17 the auspices of multilateral or international organizations. 

18 NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION

19 SEC. 642. None of the funds appropriated or made 

20 available pursuant to this Act shall be available to a non21 governmental organization which fails to provide upon 

22 timely request any document, file, or record necessary to 

23 the auditing requirements of the United States Agency for 

24 International Development. 
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1 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS

2 THAT EXPORT LETHAL MILITARY EQUIPMENT TO

3 COUNTRIES SUPPORTING INTERNATIONAL TERRORISM

4 SEC. 643. (a) None of the funds appropriated or other5 wise made available by this Act may be available to any 

6 foreign government which provides lethal military equip7 ment to a country the government of which the Secretary 

8 of State has determined is a terrorist government for pur9 poses of section 6(j) of the Export Administration Act. The 

10 prohibition under this section with respect to a foreign gov11 ernment shall terminate 12 months after that government 

12 ceases to provide such military equipment. This section ap13 plies with respect to lethal military equipment provided 

14 under a contract entered into after October 1, 1997. 

15 (b) Assistance restricted by subsection (a) or any other 

16 similar provision of law, may be furnished if the President 

17 determines that furnishing such assistance is important to 

18 the national interests of the United States. 

19 (c) Whenever the waiver authority of subsection (b) is 

20 exercised, the President shall submit to the appropriate con21 gressional committees a report with respect to the fur22 nishing of such assistance. Any such report shall include 

23 a detailed explanation of the assistance to be provided, in24 cluding the estimated dollar amount of such assistance, and 
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1 an explanation of how the assistance furthers United States 

2 national interests. 

3 WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED

4 BY FOREIGN COUNTRIES

5 SEC. 644. (a) Subject to subsection (c), of the funds 

6 appropriated by this Act that are made available for assist7 ance for a foreign country, an amount equal to 110 percent 

8 of the total amount of the unpaid fully adjudicated parking 

9 fines and penalties owed by such country shall be withheld 

10 from obligation for such country until the Secretary of State 

11 submits a certification to the appropriate congressional 

12 committees stating that such parking fines and penalties 

13 are fully paid. 

14 (b) Funds withheld from obligation pursuant to sub15 section (a) may be made available for other programs or 

16 activities funded by this Act, after consultation with and 

17 subject to the regulation notification procedures of the ap18 propriate congressional committees, provided that no such 

19 funds shall be made available for assistance to a foreign 

20 country that has not paid the total amount of the fully ad21 judicated parking fines and penalties owed by such country. 

22 (c) Subsection (a) shall not include amounts that have 

23 been withheld under any other provision of law. 

24 (d) The Secretary of State may waive the requirements 

25 set forth in subsection (a) with respect to a country if the 

26 Secretary—
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1 (1) determines that the waiver is in the national 

2 security interests of the United States; and 

3 (2) submits to the appropriate congressional 

4 committees a written justification for such determina5 tion that includes a description of the steps being 

6 taken to collect the parking fines and penalties owed 

7 by such country. 

8 (e) In this section: 

9 (1) The term ‘‘appropriate congressional com10 mittees’’ means the Committee on Appropriations of 

11 the Senate and the Committee on Appropriations of 

12 the House of Representatives. 

13 (2) The term ‘‘fully adjudicated’’ includes cir14 cumstances in which the person to whom the vehicle 

15 is registered—

16 (A)(i) has not responded to the parking vio17 lation summons; or 

18 (ii) has not followed the appropriate adju19 dication procedure to challenge the summons; 

20 and 

21 (B) the period of time for payment or chal22 lenge the summons has lapsed. 

23 (3) The term ‘‘parking fines and penalties’’ 

24 means parking fines and penalties—

25 (A) owed to—
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1 (i) the District of Columbia; or 

2 (ii) New York, New York; and 

3 (B) incurred during the period April 1, 

4 1997 through September 30, 2003. 

5 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST

6 BANK AND GAZA

7 SEC. 645. None of the funds appropriated by this Act 

8 may be obligated for assistance for the Palestine Liberation 

9 Organization for the West Bank and Gaza unless the Presi10 dent has exercised the authority under section 604(a) of the 

11 Middle East Peace Facilitation Act of 1995 (title VI of Pub12 lic Law 104–107) or any other legislation to suspend or 

13 make inapplicable section 307 of the Foreign Assistance Act 

14 of 1961 and that suspension is still in effect: Provided, That 

15 if the President fails to make the certification under section 

16 604(b)(2) of the Middle East Peace Facilitation Act of 1995 

17 or to suspend the prohibition under other legislation, funds 

18 appropriated by this Act may not be obligated for assistance 

19 for the Palestine Liberation Organization for the West Bank 

20 and Gaza. 

21 WAR CRIMES TRIBUNALS DRAWDOWN

22 SEC. 646. If the President determines that doing so 

23 will contribute to a just resolution of charges regarding 

24 genocide or other violations of international humanitarian 

25 law, the President may direct a drawdown pursuant to sec26 tion 552(c) of the Foreign Assistance Act of 1961, as amend-
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1 ed, of up to $30,000,000 of commodities and services for 

2 the United Nations War Crimes Tribunal established with 

3 regard to the former Yugoslavia by the United Nations Se4 curity Council or such other tribunals or commissions as 

5 the Council may establish or authorize to deal with such 

6 violations, without regard to the ceiling limitation con7 tained in paragraph (2) thereof: Provided, That the deter8 mination required under this section shall be in lieu of any 

9 determinations otherwise required under section 552(c): 

10 Provided further, That the drawdown made under this sec11 tion for any tribunal shall not be construed as an endorse12 ment or precedent for the establishment of any standing or 

13 permanent international criminal tribunal or court: Pro14 vided further, That funds made available for tribunals other 

15 than Yugoslavia, Rwanda, or the Special Court for Sierra 

16 Leone shall be made available subject to the regular notifi17 cation procedures of the Committees on Appropriations. 

18 LANDMINES

19 SEC. 647. Notwithstanding any other provision of law, 

20 demining equipment available to the United States Agency 

21 for International Development and the Department of State 

22 and used in support of the clearance of landmines and 

23 unexploded ordnance for humanitarian purposes may be 

24 disposed of on a grant basis in foreign countries, subject 

25 to such terms and conditions as the President may pre26 scribe. 
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1 RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

2 SEC. 648. None of the funds appropriated by this Act 

3 may be obligated or expended to create in any part of Jeru4 salem a new office of any department or agency of the 

5 United States Government for the purpose of conducting of6 ficial United States Government business with the Pales7 tinian Authority over Gaza and Jericho or any successor 

8 Palestinian governing entity provided for in the Israel-PLO 

9 Declaration of Principles: Provided, That this restriction 

10 shall not apply to the acquisition of additional space for 

11 the existing Consulate General in Jerusalem: Provided fur12 ther, That meetings between officers and employees of the 

13 United States and officials of the Palestinian Authority, or 

14 any successor Palestinian governing entity provided for in 

15 the Israel-PLO Declaration of Principles, for the purpose 

16 of conducting official United States Government business 

17 with such authority should continue to take place in loca18 tions other than Jerusalem. As has been true in the past, 

19 officers and employees of the United States Government 

20 may continue to meet in Jerusalem on other subjects with 

21 Palestinians (including those who now occupy positions in 

22 the Palestinian Authority), have social contacts, and have 

23 incidental discussions. 

24 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

25 SEC. 649. None of the funds appropriated or otherwise 

26 made available by this Act under the heading ‘‘Inter-
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1 national Military Education and Training’’ or ‘‘Foreign 

2 Military Financing Program’’ for Informational Program 

3 activities or under the headings ‘‘Child Survival and 

4 Health Programs Fund’’, ‘‘Development Assistance’’, and 

5 ‘‘Economic Support Fund’’ may be obligated or expended 

6 to pay for—

7 (1) alcoholic beverages; or 

8 (2) entertainment expenses for activities that are 

9 substantially of a recreational character, including 

10 but not limited to entrance fees at sporting events, 

11 theatrical and musical productions, and amusement 

12 parks. 

13 TIBET

14 SEC. 650. The Secretary of Treasury should instruct 

15 the United States executive director to each international 

16 financial institution to use the voice and vote of the United 

17 States to support projects in Tibet if such projects do not 

18 provide incentives for the migration and settlement of non19 Tibetans into Tibet or facilitate the transfer of ownership 

20 of Tibetan land and natural resources to non-Tibetans; are 

21 based on a thorough needs-assessment; foster self-sufficiency 

22 of the Tibetan people and respect Tibetan culture and tradi23 tions; and are subject to effective monitoring. 

24 HAITI

25 SEC. 651. The Government of Haiti shall be eligible 

26 to purchase defense articles and services under the Arms 
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1 Export Control Act (22 U.S.C. 2751 et seq.), for the Coast 

2 Guard. 

3 LIMITATION ON ASSISTANCE TO THE PALESTINIAN

4 AUTHORITY

5 SEC. 652. (a) PROHIBITION OF FUNDS.—None of the 

6 funds appropriated by this Act to carry out the provisions 

7 of chapter 4 of part II of the Foreign Assistance Act of 1961 

8 may be obligated or expended with respect to providing 

9 funds to the Palestinian Authority. 

10 (b) WAIVER.—The prohibition included in subsection 

11 (a) shall not apply if the President certifies in writing to 

12 the Speaker of the House of Representatives and the Presi13 dent pro tempore of the Senate that waiving such prohibi14 tion is important to the national security interests of the 

15 United States and that the Palestinian Authority has taken 

16 steps to arrest terrorists, confiscate weapons and dismantle 

17 the terrorist infrastructure. 

18 (c) PERIOD OF APPLICATION OF WAIVER.—Any waiv19 er pursuant to subsection (b) shall be effective for no more 

20 than a period of 6 months at a time and shall not apply 

21 beyond 12 months after the enactment of this Act. 

22 (d) REPORT.—Whenever the waiver authority pursu23 ant to subsection (b) is exercised, the President shall submit 

24 a report to the Committees on Appropriations detailing the 

25 steps the Palestinian Authority has taken to arrest terror26 ists, confiscate weapons and dismantle the terrorist infra-
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1 structure. The report shall also include a description of how 

2 funds will be spent and the accounting procedures in place 

3 to ensure that they are properly disbursed. 

4 LIMITATION ON ASSISTANCE TO SECURITY FORCES

5 SEC. 653. None of the funds made available by this 

6 Act may be provided to any unit of the security forces of 

7 a foreign country if the Secretary of State has credible evi8 dence that such unit has committed gross violations of 

9 human rights, unless the Secretary determines and reports 

10 to the Committees on Appropriations that the government 

11 of such country is taking effective measures to bring the re12 sponsible members of the security forces unit to justice: Pro13 vided, That nothing in this section shall be construed to 

14 withhold funds made available by this Act from any unit 

15 of the security forces of a foreign country not credibly al16 leged to be involved in gross violations of human rights: 

17 Provided further, That in the event that funds are withheld 

18 from any unit pursuant to this section, the Secretary of 

19 State shall promptly inform the foreign government of the 

20 basis for such action and shall, to the maximum extent 

21 practicable, assist the foreign government in taking effective 

22 measures to bring the responsible members of the security 

23 forces to justice. 

24 ENVIRONMENTPROGRAMS

25 SEC. 654. (a) FUNDING.—Of the funds appropriated 

26 by this Act, not less than $485,000,000 shall be made avail-
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1 able for environment programs: Provided, That of the funds 

2 appropriated under the heading ‘‘Development Assistance’’, 

3 not less than $165,000,000 shall be made available for pro4 grams and activities which directly protect biodiversity, in5 cluding forests, in developing countries: Provided further, 

6 That of the funds made available under the previous pro7 viso, $1,500,000 shall be made available to improve the ca8 pacity of indigenous groups and local environmental orga9 nizations and law enforcement agencies to protect the bio10 diversity of indigenous reserves in the Amazon Basin region 

11 of Brazil, which amount shall be in addition to the amount 

12 requested in this Act for assistance for Brazil for fiscal year 

13 2004: Provided further, That not later than one year after 

14 enactment of this Act, the Secretary of State, in coordina15 tion with the Administrator of the United States Agency 

16 for International Development and other appropriate de17 partments and agencies, and after consultation with appro18 priate governments and nongovernmental organizations, 

19 shall submit to the Committees on Appropriations a strat20 egy for biodiversity conservation in the Amazon Basin re21 gion of South America: Provided further, That of the funds 

22 appropriated under the headings ‘‘Development Assistance’’ 

23 and ‘‘Andean Counterdrug Initiative’’, not less than 

24 $5,000,000 shall be made available in fiscal year 2004 to 

25 develop the strategy described in the previous proviso: Pro-
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1 vided further, That funds appropriated by this Act under 

2 the heading ‘‘Child Survival and Health Programs Fund’’ 

3 should be used to fund child survival, health, and family 

4 planning activities of integrated population-health-environ5 ment programs, including in areas where biodiversity and 

6 endangered species are threatened, and funds appropriated 

7 by this Act under the heading ‘‘Development Assistance’’ 

8 should be used to fund environment, conservation, natural 

9 resource management, and sustainable agriculture activi10 ties of such integrated programs: Provided further, That of 

11 the funds appropriated by this Act, not less than 

12 $185,000,000 shall be made available to support policies 

13 and programs in developing countries and countries in 

14 transition that directly (1) promote a wide range of energy 

15 conservation, energy efficiency and clean energy programs 

16 and activities, including the transfer of clean and environ17 mentally sustainable energy technologies; (2) measure, mon18 itor, and reduce greenhouse gas emissions; (3) increase car19 bon sequestration activities; and (4) enhance climate change 

20 mitigation and adaptation programs. 

21 (b) CLIMATE CHANGE REPORT.—Not later than 45 

22 days after the date on which the President’s fiscal year 2005 

23 budget request is submitted to Congress, the President shall 

24 submit a report to the Committees on Appropriations de25 scribing in detail the following—
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1 (1) all Federal agency obligations and expendi2 tures, domestic and international, for climate change 

3 programs and activities in fiscal year 2004, including 

4 an accounting of expenditures by agency with each 

5 agency identifying climate change activities and asso6 ciated costs by line item as presented in the Presi7 dent’s Budget Appendix; and 

8 (2) all fiscal year 2003 obligations and estimated 

9 expenditures, fiscal year 2004 estimated expenditures 

10 and estimated obligations, and fiscal year 2005 re11 quested funds by the United States Agency for Inter12 national Development, by country and central pro13 gram, for each of the following: (i) to promote the 

14 transfer and deployment of a wide range of United 

15 States clean energy and energy efficiency technologies; 

16 (ii) to assist in the measurement, monitoring, report17 ing, verification, and reduction of greenhouse gas 

18 emissions; (iii) to promote carbon capture and seques19 tration measures; (iv) to help meet such countries’ re20 sponsibilities under the Framework Convention on 

21 Climate Change; and (v) to develop assessments of the 

22 vulnerability to impacts of climate change and miti23 gation and adaptation response strategies. 

24 REGIONAL PROGRAMS FOR EASTASIA AND THE PACIFIC

25 SEC. 655. Funds appropriated by this Act under the 

26 heading ‘‘Economic Support Fund’’ that are allocated for 
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1 ‘‘Regional Democracy’’ and ‘‘ASEAN Regional’’ assistance 

2 for East Asia and the Pacific shall be made available for 

3 the Human Rights and Democracy Fund of the Bureau for 

4 Democracy, Human Rights and Labor, Department of 

5 State to support democracy programs in Iraq. 

6 ZIMBABWE

7 SEC. 656. The Secretary of the Treasury shall instruct 

8 the United States executive director to each international 

9 financial institution to vote against any extension by the 

10 respective institution of any loans, to the Government of 

11 Zimbabwe, except to meet basic human needs or to promote 

12 democracy, unless the Secretary of State determines and 

13 certifies to the Committees on Appropriations that the rule 

14 of law has been restored in Zimbabwe, including respect 

15 for ownership and title to property, freedom of speech and 

16 association. 

17 NIGERIA

18 SEC. 657. None of the funds appropriated under the 

19 headings ‘‘International Military Education and Train20 ing’’ and ‘‘Foreign Military Financing Program’’ may be 

21 made available for assistance for Nigeria until the Presi22 dent certifies to the Committees on Appropriations that the 

23 Nigerian Minister of Defense, the Chief of the Army Staff, 

24 and the Minister of State for Defense/Army are suspending 

25 from the Armed Forces those members, of whatever rank, 

26 against whom there is credible evidence of gross violations 
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1 of human rights in Benue State in October 2001, and the 

2 Government of Nigeria and the Nigerian Armed Forces are 

3 taking effective measures to bring such individuals to jus4 tice: Provided, That the President may waive such prohibi5 tion if he determines that doing so is in the national secu6 rity interest of the United States: Provided further, That 

7 prior to exercising such waiver authority, the President 

8 shall submit a report to the Committees on Appropriations 

9 describing the involvement of the Nigerian Armed Forces 

10 in the incident in Benue State, the measures that are being 

11 taken to bring such individuals to justice, and whether any 

12 Nigerian Armed Forces units involved with the incident in 

13 Benue State are receiving United States assistance. 

14 BURMA

15 SEC. 658. (a) The Secretary of the Treasury shall in16 struct the United States executive director to each appro17 priate international financial institution in which the 

18 United States participates, to oppose and vote against the 

19 extension by such institution of any loan or financial or 

20 technical assistance or any other utilization of funds of the 

21 respective bank to and for Burma. 

22 (b) Of the funds appropriated under the heading ‘‘Eco23 nomic Support Fund’’, not less than $15,000,000 shall be 

24 made available to support democracy activities in Burma, 

25 along the Burma-Thailand border, for activities of Burmese 

26 student groups and other organizations located outside 
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1 Burma, and for the purpose of supporting the provision of 

2 humanitarian assistance to displaced Burmese along Bur3 ma’s borders: Provided, That funds made available under 

4 this heading may be made available notwithstanding any 

5 other provision of law: Provided further, That not more 

6 than 60 days after enactment of this Act, the Secretary of 

7 State, in consultation with the Administrator of the United 

8 States Agency for International Development, shall submit 

9 a report to the Committees on Appropriations detailing the 

10 amount and rate of disbursement of fiscal years 2002 and 

11 2003 funding for HIV/AIDS programs and activities in 

12 Burma, the amount of funds expended by the State Peace 

13 and Development Council (SPDC) on HIV/AIDS programs 

14 and activities in calendar years 2001, 2002, and 2003, and 

15 the extent to which international nongovernmental organi16 zations are able to conduct HIV/AIDS programs throughout 

17 Burma, including the ability of expatriate staff to freely 

18 travel through the country and to conduct programmatic 

19 oversight independent of SPDC handling and monitoring: 

20 Provided further, That funds made available by this section 

21 shall be subject to the regular notification procedures of the 

22 Committees on Appropriations. 

23 (c) It is the sense of the Senate that the United Nations 

24 Security Council should debate and consider sanctions 

25 against Burma as a result of the threat to regional stability 
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1 and peace posed by the repressive and illegitimate rule of 

2 the State Peace and Development Council. 

3 ENTERPRISE FUND RESTRICTIONS

4 SEC. 659. Prior to the distribution of any assets result5 ing from any liquidation, dissolution, or winding up of an 

6 Enterprise Fund, in whole or in part, the President shall 

7 submit to the Committees on Appropriations, in accordance 

8 with the regular notification procedures of the Committees 

9 on Appropriations, a plan for the distribution of the assets 

10 of the Enterprise Fund. 

11 CAMBODIA

12 SEC. 660. (a) The Secretary of the Treasury shall in13 struct the United States executive directors of the inter14 national financial institutions to use the voice and vote of 

15 the United States to oppose loans to the Central Govern16 ment of Cambodia, except loans to meet basic human needs. 

17 (b)(1) None of the funds appropriated by this Act may 

18 be made available for assistance for the Central Government 

19 of Cambodia. 

20 (2) Paragraph (1) shall not apply to assistance for 

21 basic education, reproductive and maternal and child 

22 health, cultural and historic preservation, programs for the 

23 prevention, treatment, and control of, and research on, 

24 HIV/AIDS, tuberculosis, malaria, polio and other infectious 

25 diseases, programs to combat human trafficking that are 

26 provided through nongovernmental organizations, and for 
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1 the Ministry of Women and Veterans Affairs to combat 

2 human trafficking. 

3 (c) Of the funds appropriated by this Act under the 

4 heading ‘‘Economic Support Fund’’, $7,000,000 shall be 

5 made available, notwithstanding subsection (b), for assist6 ance for democratic opposition political parties in Cam7 bodia. 

8 (d) Funds appropriated by this Act to carry out provi9 sions of section 541 of the Foreign Assistance Act of 1961 

10 may be made available notwithstanding subsection (b) only 

11 if at least 15 days prior to the obligation of such funds, 

12 the Secretary of State provides to the Committees on Appro13 priations a list of those individuals who have been credibly 

14 alleged to have ordered or carried out extrajudicial and po15 litical killings that occurred during the March 1997 grenade 

16 attack against the Khmer Nation Party, the July 1997 coup 

17 d’etat, and election related violence that occurred during the 

18 1998, 2002, and 2003 elections in Cambodia. 

19 (e) None of the funds appropriated or otherwise made 

20 available by this Act may be used to provide assistance to 

21 any tribunal established by the Government of Cambodia 

22 unless the Secretary of State certifies to the Committees on 

23 Appropriations that the perpetrators of the March 1997 gre24 nade attack and election-related killings, including former 
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1 parliamentarian Om Radsady, have been arrested and 

2 prosecuted. 

3 FOREIGN MILITARY TRAINING REPORT

4 SEC. 661. (a) Notwithstanding any other provision of 

5 law, the Secretary of Defense and the Secretary of State 

6 shall jointly provide to the Congress by May 1, 2004, a re7 port on all military training provided to foreign military 

8 personnel (excluding sales and training provided to the 

9 military personnel of countries belonging to the North At10 lantic Treaty Organization (NATO) or of a country that 

11 has concluded a protocol with NATO for accession to 

12 NATO) under programs administered by the Department 

13 of Defense and the Department of State during fiscal year 

14 2003 and those proposed for fiscal year 2004. This report 

15 shall include, for each such military training activity, the 

16 foreign policy justification and purpose for the training ac17 tivity, the cost of the training activity, the number of for18 eign students trained and their units of operation, and the 

19 location of the training. In addition, this report shall also 

20 include, with respect to United States personnel, the oper21 ational benefits to United States forces derived from each 

22 such training activity and the United States military units 

23 involved in each such training activity. This report may 

24 include a classified annex if deemed necessary and appro25 priate. 
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1 (b) For purposes of this section a report to Congress 

2 shall be deemed to mean a report to the Appropriations and 

3 Foreign Relations Committees of the Senate and the Appro4 priations and International Relations Committees of the 

5 House of Representatives. 

6 ENTERPRISE FUNDS IN THE MIDDLE EAST REGION

7 SEC. 662. (a) Funds appropriated by this Act under 

8 the heading ‘‘Economic Support Fund’’ may be made avail9 able, notwithstanding any other provision of law, to estab10 lish and operate one or more enterprise funds in the Middle 

11 East region for the purpose of supporting the private sectors 

12 in that region: Provided, That provisions contained in sec13 tion 201 of the Support for East European Democracy 

14 (SEED) Act of 1989 (excluding the authorizations of appro15 priations provided in subsection (b) of that section) shall 

16 apply with respect to such enterprise funds: Provided fur17 ther, That prior to obligating any funds for purposes other 

18 than the administrative support of any such enterprise 

19 fund, and every six months after the establishment of such 

20 fund, the President shall certify and report to the Commit21 tees on Appropriations that—

22 (1) the enterprise fund has taken all appropriate 

23 steps to ensure that amounts appropriated by this Act 

24 that are provided to the fund for the purpose of assist25 ing the development of the private sector are not pro26 vided to or through any individual or entity that the 
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1 management of the fund knows or has reason to be2 lieve advocates, plans, sponsors, or engages in, or has 

3 engaged in, terrorist activity; 

4 (2) the enterprise fund furthers United States 

5 commercial interests in the region; and 

6 (3) the enterprise fund is managed in a fiscally 

7 responsible manner. 

8 PALESTINIAN STATEHOOD

9 SEC. 663. (a) LIMITATION ON ASSISTANCE.—None of 

10 the funds appropriated by this Act may be provided to sup11 port a Palestinian state unless the Secretary of State deter12 mines and certifies to the appropriate congressional com13 mittees that—

14 (1) a new leadership of a Palestinian governing 

15 entity, that has not supported acts of terrorism, has 

16 been democratically elected through credible and com17 petitive elections; 

18 (2) the elected governing entity of a new Pales19 tinian state—

20 (A) has demonstrated a firm commitment to 

21 peaceful co-existence with the State of Israel; 

22 (B) has taken appropriate measures to 

23 counter terrorism and terrorist financing in the 

24 West Bank and Gaza, including the dismantling 

25 of terrorist infrastructures; 
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1 (C) has established a new Palestinian secu2 rity entity that is fully cooperative with appro3 priate Israeli and other appropriate security or4 ganizations; and 

5 (D) has taken appropriate measures to 

6 enact a constitution assuring the rule of law and 

7 other reforms assuring transparent and account8 able governance. 

9 (b) WAIVER.—The President may waive subsection (a) 

10 if he determines that it is in the national security interests 

11 of the United States to do so. 

12 (c) EXEMPTION.—The restriction in subsection (a) 

13 shall not apply to assistance intended to help reform the 

14 Palestinian Authority and affiliated institutions, or a 

15 newly elected governing entity, in order to help meet the 

16 requirements of subsection (a), consistent with the provi17 sions of section 652 of this Act (‘‘Limitation on Assistance 

18 to the Palestinian Authority’’). 

19 COLOMBIA

20 SEC. 664. (a) DETERMINATION AND CERTIFICATION

21 REQUIRED.—Notwithstanding any other provision of law, 

22 funds appropriated by this Act that are available for assist23 ance for the Colombian Armed Forces, may be made avail24 able as follows: 
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1 (1) Up to 50 percent of such funds may be obli2 gated prior to a determination and certification by 

3 the Secretary of State pursuant to paragraph (2). 

4 (2) Up to 25 percent of such funds may be obli5 gated only after the Secretary of State certifies and 

6 reports to the appropriate congressional committees 

7 that: 

8 (A) The Commander General of the Colom9 bian Armed Forces is suspending from the 

10 Armed Forces those members, of whatever rank, 

11 who, according to the Minister of Defense or the 

12 Procuraduria General de la Nacion, have been 

13 credibly alleged to have committed gross viola14 tions of human rights, including extra-judicial 

15 killings, or to have aided or abetted paramilitary 

16 organizations. 

17 (B) The Colombian Government is vigor18 ously investigating and prosecuting those mem19 bers of the Colombian Armed Forces, of whatever 

20 rank, who have been credibly alleged to have 

21 committed gross violations of human rights, in22 cluding extra-judicial killings, or to have aided 

23 or abetted paramilitary organizations, and is 

24 promptly punishing those members of the Colom25 bian Armed Forces found to have committed such 
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1 violations of human rights or to have aided or 

2 abetted paramilitary organizations. 

3 (C) The Colombian Armed Forces have 

4 made substantial progress in cooperating with 

5 civilian prosecutors and judicial authorities in 

6 such cases (including providing requested infor7 mation, such as the identity of persons sus8 pended from the Armed Forces and the nature 

9 and cause of the suspension, and access to wit10 nesses, relevant military documents, and other 

11 requested information). 

12 (D) The Colombian Armed Forces have 

13 made substantial progress in severing links (in14 cluding denying access to military intelligence, 

15 vehicles, and other equipment or supplies, and 

16 ceasing other forms of active or tacit coopera17 tion) at the command, battalion, and brigade 

18 levels, with paramilitary organizations, espe19 cially in regions where these organizations have 

20 a significant presence. 

21 (E) The Colombian Armed Forces are dis22 mantling paramilitary leadership and financial 

23 networks by arresting commanders and financial 

24 backers, especially in regions where these net25 works have a significant presence. 
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1 (3) The balance of such funds may be obligated 

2 after July 31, 2004, if the Secretary of State certifies 

3 and reports to the appropriate congressional commit4 tees, after such date, that the Colombian Armed 

5 Forces are continuing to meet the conditions con6 tained in paragraph (2) and are conducting vigorous 

7 operations to restore government authority and re8 spect for human rights in areas under the effective 

9 control of paramilitary and guerrilla organizations. 

10 (b) CONSULTATIVE PROCESS.—At least 10 days prior 

11 to making the certifications required by subsection (a), the 

12 Secretary of State shall consult with internationally recog13 nized human rights organizations regarding progress in 

14 meeting the conditions contained in that subsection. 

15 (c) DEFINITIONS.—In this section: 

16 (1) AIDED OR ABETTED.—The term ‘‘aided or 

17 abetted’’ means to provide any support to para18 military groups, including taking actions which 

19 allow, facilitate, or otherwise foster the activities of 

20 such groups. 

21 (2) PARAMILITARY GROUPS.—The term ‘‘para22 military groups’’ means illegal self-defense groups 

23 and illegal security cooperatives. 

24 ILLEGAL ARMED GROUPS

25 SEC. 665. (a) DENIAL OF VISAS TO SUPPORTERS OF

26 COLOMBIAN ILLEGAL ARMED GROUPS.—Subject to sub-
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1 section (b), the Secretary of State shall not issue a visa to 

2 any alien who the Secretary determines, based on credible 

3 evidence—

4 (1) has willfully provided any support to the 

5 Revolutionary Armed Forces of Colombia (FARC), the 

6 National Liberation Army (ELN), or the United Self7 Defense Forces of Colombia (AUC), including taking 

8 actions or failing to take actions which allow, facili9 tate, or otherwise foster the activities of such groups; 

10 or 

11 (2) has committed, ordered, incited, assisted, or 

12 otherwise participated in the commission of gross vio13 lations of human rights, including extra-judicial 

14 killings, in Colombia. 

15 (b) WAIVER.—Subsection (a) shall not apply if the 

16 Secretary of State determines and certifies to the appro17 priate congressional committees, on a case-by-case basis, 

18 that the issuance of a visa to the alien is necessary to sup19 port the peace process in Colombia or for urgent humani20 tarian reasons. 

21 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

22 BROADCASTING CORPORATION

23 SEC. 666. None of the funds appropriated or otherwise 

24 made available by this Act may be used to provide equip25 ment, technical support, consulting services, or any other 
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1 form of assistance to the Palestinian Broadcasting Corpora2 tion. 

3 IRAQ

4 SEC. 667. Notwithstanding any other provision of law, 

5 funds appropriated under the heading ‘‘Economic Support 

6 Fund’’ may be made available for assistance for Iraq: Pro7 vided, That the provisions of section 620G of the Foreign 

8 Assistance Act of 1961, or any other provision of law that 

9 applies to countries that have supported terrorism, shall not 

10 apply with respect to countries that provide assistance to 

11 Iraq: Provided further, That funds appropriated by this Act 

12 or prior appropriations Acts for Iraq should be made avail13 able for the removal and safe disposal in Iraq of unexploded 

14 ordnance, low level radioactive waste, and other environ15 mental hazards: Provided further, That not less than 

16 $10,000,000 of the funds appropriated by this Act or prior 

17 appropriations Acts that are available for assistance for 

18 Iraq should be made available for investigations of human 

19 rights violations by the former Iraq regime including the 

20 excavation of mass graves: Provided further, That funds 

21 made available under this section are made available sub22 ject to the regular notification procedures of the Committees 

23 on Appropriations. 

24 WESTBANK AND GAZA PROGRAM

25 SEC. 668. (a) OVERSIGHT.—For fiscal year 2004, 30 

26 days prior to the initial obligation of funds for the bilateral 
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1 West Bank and Gaza Program, the Secretary of State shall 

2 certify to the appropriate committees of Congress that pro3 cedures have been established to assure the Comptroller Gen4 eral of the United States will have access to appropriate 

5 United States financial information in order to review the 

6 uses of United States assistance for the Program funded 

7 under the heading ‘‘Economic Support Fund’’ for the West 

8 Bank and Gaza. 

9 (b) VETTING.—Prior to the obligation of funds appro10 priated by this Act under the heading ‘‘Economic Support 

11 Fund’’ for assistance for the West Bank and Gaza, the Sec12 retary of State shall take all appropriate steps to ensure 

13 that such assistance is not provided to or through any indi14 vidual or entity that the Secretary knows or has reason to 

15 believe advocates, plans, sponsors, engages in, or has en16 gaged in, terrorist activity. The Secretary of State shall, 

17 as appropriate, establish procedures specifying the steps to 

18 be taken in carrying out this subsection. 

19 (c) AUDITS.—(1) The Administrator of the United 

20 States Agency for International Development shall ensure 

21 that Federal or non-Federal audits of all contractors and 

22 grantees, and significant subcontractors and subgrantees, 

23 under the West Bank and Gaza Program, are conducted at 

24 least on an annual basis to ensure, among other things, 

25 compliance with this section. 
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1 (2) Of the funds appropriated by this Act under the 

2 heading ‘‘Economic Support Fund’’ that are made avail3 able for assistance for the West Bank and Gaza, up to 

4 $1,000,000 may be used by the Office of the Inspector Gen5 eral of the United States Agency for International Develop6 ment for audits, inspections, and other activities in further7 ance of the requirements of this subsection. Such funds are 

8 in addition to funds otherwise available for such purposes. 

9 INDONESIA

10 SEC. 669. Funds appropriated by this Act under the 

11 heading ‘‘Foreign Military Financing Program’’ may be 

12 made available for assistance for Indonesia, and licenses 

13 may be issued for the export of lethal defense articles for 

14 the Indonesian Armed Forces, only if the President certifies 

15 to the appropriate congressional committees that—

16 (1) the Indonesia Minister of Defense is sus17 pending from the Armed Forces those members, of 

18 whatever rank, who have been credibly alleged to have 

19 committed gross violations of human rights, or to 

20 have aided or abetted militia groups; 

21 (2) the Indonesian Government is prosecuting 

22 those members of the Indonesian Armed Forces, of 

23 whatever rank, who have been credibly alleged to have 

24 committed gross violations of human rights, or to 

25 have aided or abetted militia groups, and is pun26 ishing those members of the Indonesian Armed Forces 
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1 found to have committed such violations of human 

2 rights or to have aided or abetted militia groups; 

3 (3) the Indonesian Armed Forces are cooperating 

4 with civilian prosecutors and judicial authorities in 

5 Indonesia and with the joint United Nations-East 

6 Timor Serious Crimes Unit (SCU) in such cases (in7 cluding extraditing those indicted by the SCU to East 

8 Timor and providing access to witnesses, relevant 

9 military documents, and other requested informa10 tion); 

11 (4) the Indonesian Government and Armed 

12 Forces are cooperating with the Federal Bureau of In13 vestigation’s investigation of the killings and wound14 ing of American and Indonesian citizens in Papua on 

15 August 31, 2002; and 

16 (5) the Minister of Defense is making publicly 

17 available audits of receipts and expenditures of the 

18 Indonesian Armed Forces. 

19 RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS

20 DESTABILIZING WEST AFRICA

21 SEC. 670. (a) None of the funds appropriated by this 

22 Act may be made available for assistance for the govern23 ment of any country for which the Secretary of State deter24 mines there is credible evidence that such government has 

25 aided or abetted, within the previous 6 months, in the illicit 
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1 distribution, transportation, or sale of diamonds mined in 

2 Sierra Leone or Liberia. 

3 (b) Whenever the prohibition on assistance required 

4 under subsection (a) is exercised, the Secretary of State 

5 shall notify the Committees on Appropriations in a timely 

6 manner. 

7 SPECIAL DEBTRELIEF FOR THE POOREST

8 SEC. 671. (a) AUTHORITY TO REDUCE DEBT.—The 

9 President may reduce amounts owed to the United States 

10 (or any agency of the United States) by an eligible country 

11 as a result of—

12 (1) guarantees issued under sections 221 and 222 

13 of the Foreign Assistance Act of 1961; 

14 (2) credits extended or guarantees issued under 

15 the Arms Export Control Act; or 

16 (3) any obligation or portion of such obligation, 

17 to pay for purchases of United States agricultural 

18 commodities guaranteed by the Commodity Credit 

19 Corporation under export credit guarantee programs 

20 authorized pursuant to section 5(f) of the Commodity 

21 Credit Corporation Charter Act of June 29, 1948, as 

22 amended, section 4(b) of the Food for Peace Act of 

23 1966, as amended (Public Law 89–808), or section 

24 202 of the Agricultural Trade Act of 1978, as amend25 ed (Public Law 95–501). 

26 (b) LIMITATIONS.—
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1 (1) The authority provided by subsection (a) 

2 may be exercised only to implement multilateral offi3 cial debt relief and referendum agreements, commonly 

4 referred to as ‘‘Paris Club Agreed Minutes’’. 

5 (2) The authority provided by subsection (a) 

6 may be exercised only in such amounts or to such ex7 tent as is provided in advance by appropriations 

8 Acts. 

9 (3) The authority provided by subsection (a) 

10 may be exercised only with respect to countries with 

11 heavy debt burdens that are eligible to borrow from 

12 the International Development Association, but not 

13 from the International Bank for Reconstruction and 

14 Development, commonly referred to as ‘‘IDA-only’’ 

15 countries. 

16 (c) CONDITIONS.—The authority provided by sub17 section (a) may be exercised only with respect to a country 

18 whose government—

19 (1) does not have an excessive level of military 

20 expenditures; 

21 (2) has not repeatedly provided support for acts 

22 of international terrorism; 

23 (3) is not failing to cooperate on international 

24 narcotics control matters; 
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1 (4) (including its military or other security 

2 forces) does not engage in a consistent pattern of gross 

3 violations of internationally recognized human rights; 

4 and 

5 (5) is not ineligible for assistance because of the 

6 application of section 527 of the Foreign Relations 

7 Authorization Act, Fiscal Years 1994 and 1995. 

8 (d) AVAILABILITY OF FUNDS.—The authority provided 

9 by subsection (a) may be used only with regard to the funds 

10 appropriated by this Act under the heading ‘‘Debt Restruc11 turing’’. 

12 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc13 tion of debt pursuant to subsection (a) shall not be consid14 ered assistance for the purposes of any provision of law lim15 iting assistance to a country. The authority provided by 

16 subsection (a) may be exercised notwithstanding section 

17 620(r) of the Foreign Assistance Act of 1961 or section 321 

18 of the International Development and Food Assistance Act 

19 of 1975. 

20 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

21 SEC. 672. (a) LOANS ELIGIBLE FOR SALE, REDUC22 TION, OR CANCELLATION.—

23 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

24 CERTAIN LOANS.—Notwithstanding any other provi25 sion of law, the President may, in accordance with 

26 this section, sell to any eligible purchaser any 
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1 concessional loan or portion thereof made before Jan2 uary 1, 1995, pursuant to the Foreign Assistance Act 

3 of 1961, to the government of any eligible country as 

4 defined in section 702(6) of that Act or on receipt of 

5 payment from an eligible purchaser, reduce or cancel 

6 such loan or portion thereof, only for the purpose of 

7 facilitating—

8 (A) debt-for-equity swaps, debt-for-develop9 ment swaps, or debt-for-nature swaps; or 

10 (B) a debt buyback by an eligible country 

11 of its own qualified debt, only if the eligible 

12 country uses an additional amount of the local 

13 currency of the eligible country, equal to not less 

14 than 40 percent of the price paid for such debt 

15 by such eligible country, or the difference between 

16 the price paid for such debt and the face value 

17 of such debt, to support activities that link con18 servation and sustainable use of natural re19 sources with the local community development, 

20 and child survival and other child development, 

21 in a manner consistent with sections 707 

22 through 710 of the Foreign Assistance Act of 

23 1961, if the sale, reduction, or cancellation would 

24 not contravene any term or condition of any 

25 prior agreement relating to such loan. 
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1 (2) TERMS AND CONDITIONS.—Notwithstanding 

2 any other provision of law, the President shall, in ac3 cordance with this section, establish the terms and 

4 conditions under which loans may be sold, reduced, or 

5 canceled pursuant to this section. 

6 (3) ADMINISTRATION.—The Facility, as defined 

7 in section 702(8) of the Foreign Assistance Act of 

8 1961, shall notify the administrator of the agency 

9 primarily responsible for administering part I of the 

10 Foreign Assistance Act of 1961 of purchasers that the 

11 President has determined to be eligible, and shall di12 rect such agency to carry out the sale, reduction, or 

13 cancellation of a loan pursuant to this section. Such 

14 agency shall make adjustment in its accounts to re15 flect the sale, reduction, or cancellation. 

16 (4) LIMITATION.—The authorities of this sub17 section shall be available only to the extent that ap18 propriations for the cost of the modification, as de19 fined in section 502 of the Congressional Budget Act 

20 of 1974, are made in advance. 

21 (b) DEPOSITOF PROCEEDS.—The proceeds from the 

22 sale, reduction, or cancellation of any loan sold, reduced, 

23 or canceled pursuant to this section shall be deposited in 

24 the United States Government account or accounts estab25 lished for the repayment of such loan. 
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1 (c) ELIGIBLE PURCHASERS.—A loan may be sold pur2 suant to subsection (a)(1)(A) only to a purchaser who pre3 sents plans satisfactory to the President for using the loan 

4 for the purpose of engaging in debt-for-equity swaps, debt5 for-development swaps, or debt-for-nature swaps. 

6 (d) DEBTOR CONSULTATIONS.—Before the sale to any 

7 eligible purchaser, or any reduction or cancellation pursu8 ant to this section, of any loan made to an eligible country, 

9 the President should consult with the country concerning 

10 the amount of loans to be sold, reduced, or canceled and 

11 their uses for debt-for-equity swaps, debt-for-development 

12 swaps, or debt-for-nature swaps. 

13 (e) AVAILABILITY OF FUNDS.—The authority provided 

14 by subsection (a) may be used only with regard to funds 

15 appropriated by this Act under the heading ‘‘Debt Restruc16 turing’’. 

17 CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

18 SEC. 673. Funds appropriated in Public Law 107–115 

19 and Public Law 108–7 that were available for the United 

20 Nations Population Fund (UNFPA), and $35,000,000 in 

21 this Act, shall be made available for the UNFPA unless the 

22 President determines that the UNFPA supports or partici23 pates in the management of a program of coercive abortion 

24 or involuntary sterilization: Provided, That none of the 

25 funds made available for the UNFPA may be used in the 

26 People’s Republic of China: Provided further, That the other 
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1 conditions on availability of funds for abortion and abor2 tion-related activities contained in this Act shall apply to 

3 any assistance provided for the UNFPA in this Act: Pro4 vided further, That the conditions on availability of funds 

5 for the UNFPA as contained in section 576(c) of Public 

6 Law 107–115 shall apply to any assistance provided for 

7 the UNFPA in this Act. 

8 CENTRAL ASIA

9 SEC. 674. (a) Funds appropriated by this Act may 

10 be made available for assistance for the central Government 

11 of Uzbekistan only if the Secretary of State determines and 

12 reports to the Committees on Appropriations that the Gov13 ernment of Uzbekistan is making substantial and con14 tinuing progress in meeting its commitments under the 

15 ‘‘Declaration on the Strategic Partnership and Cooperation 

16 Framework Between the Republic of Uzbekistan and the 

17 United States of America’’, including respect for human 

18 rights, establishing a genuine multi-party system, and en19 suring free and fair elections, freedom of expression, and 

20 the independence of the media. 

21 (b) Funds appropriated by this Act may be made 

22 available for assistance for the Government of Kazakhstan 

23 only if the Secretary of State determines and reports to the 

24 Committees on Appropriations that the Government of 

25 Kazakhstan has made significant improvements in the pro-
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1 tection of human rights during the preceding 6 month pe2 riod. 

3 (c) The Secretary of State may waive the requirements 

4 under subsection (b) if he determines and reports to the 

5 Committees on Appropriations that such a waiver is in the 

6 national security interests of the United States. 

7 (d) Not later than October 1, 2004, the Secretary of 

8 State shall submit a report to the Committees on Appro9 priations describing the following: 

10 (1) The defense articles, defense services, and fi11 nancial assistance provided by the United States to 

12 the countries of Central Asia during the 6-month pe13 riod ending 30 days prior to submission of each such 

14 report. 

15 (2) The use during such period of defense arti16 cles, defense services, and financial assistance pro17 vided by the United States by units of the armed 

18 forces, border guards, or other security forces of such 

19 countries. 

20 (e) For purposes of this section, the term ‘‘countries 

21 of Central Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz 

22 Republic, Tajikistan, and Turkmenistan. 

23 COMMERCIAL LEASING OF DEFENSE ARTICLES

24 SEC. 675. Notwithstanding any other provision of law, 

25 and subject to the regular notification procedures of the 

26 Committees on Appropriations, the authority of section 
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1 23(a) of the Arms Export Control Act may be used to pro2 vide financing to Israel, Egypt and NATO and major non3 NATO allies for the procurement by leasing (including leas4 ing with an option to purchase) of defense articles from 

5 United States commercial suppliers, not including Major 

6 Defense Equipment (other than helicopters and other types 

7 of aircraft having possible civilian application), if the 

8 President determines that there are compelling foreign pol9 icy or national security reasons for those defense articles 

10 being provided by commercial lease rather than by govern11 ment-to-government sale under such Act. 

12 WAR CRIMINALS

13 SEC. 676. (a)(1) None of the funds appropriated or 

14 otherwise made available pursuant to this Act may be made 

15 available for assistance, and the Secretary of the Treasury 

16 shall instruct the United States executive directors to the 

17 international financial institutions to vote against any new 

18 project involving the extension by such institutions of any 

19 financial or technical assistance, to any country, entity, or 

20 municipality whose competent authorities have failed, as 

21 determined by the Secretary of State, to take necessary and 

22 significant steps to implement its international legal obli23 gations to apprehend and transfer to the International 

24 Criminal Tribunal for the former Yugoslavia (the ‘‘Tri25 bunal’’) all persons in their territory who have been in-
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1 dicted by the Tribunal and to otherwise cooperate with the 

2 Tribunal. 

3 (2) The provisions of this subsection shall not apply 

4 to humanitarian assistance or assistance for democratiza5 tion. 

6 (b) The provisions of subsection (a) shall apply unless 

7 the Secretary of State determines and reports to the appro8 priate congressional committees that the competent authori9 ties of such country, entity, or municipality are—

10 (1) cooperating with the Tribunal, including ac11 cess for investigators to archives and witnesses, the 

12 provision of documents, and the surrender and trans13 fer of indictees or assistance in their apprehension; 

14 and 

15 (2) are acting consistently with the Dayton Ac16 cords. 

17 (c) Not less than 10 days before any vote in an inter18 national financial institution regarding the extension of 

19 any new project involving financial or technical assistance 

20 or grants to any country or entity described in subsection 

21 (a), the Secretary of the Treasury, in consultation with the 

22 Secretary of State, shall provide to the Committees on Ap23 propriations a written justification for the proposed assist24 ance, including an explanation of the United States posi25 tion regarding any such vote, as well as a description of 
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1 the location of the proposed assistance by municipality, its 

2 purpose, and its intended beneficiaries. 

3 (d) In carrying out this section, the Secretary of State, 

4 the Administrator of the United States Agency for Inter5 national Development, and the Secretary of the Treasury 

6 shall consult with representatives of human rights organiza7 tions and all government agencies with relevant informa8 tion to help prevent indicted war criminals from benefiting 

9 from any financial or technical assistance or grants pro10 vided to any country or entity described in subsection (a). 

11 (e) The Secretary of State may waive the application 

12 of subsection (a) with respect to projects within a country, 

13 entity, or municipality upon a written determination to 

14 the Committees on Appropriations that such assistance di15 rectly supports the implementation of the Dayton Accords. 

16 (f) DEFINITIONS.—As used in this section—

17 (1) COUNTRY.—The term ‘‘country’’ means Bos18 nia and Herzegovina, Croatia and Serbia. 

19 (2) ENTITY.—The term ‘‘entity’’ refers to the 

20 Federation of Bosnia and Herzegovina, Kosovo, Mon21 tenegro and the Republika Srpska. 

22 (3) MUNICIPALITY.—The term ‘‘municipality’’ 

23 means a city, town or other subdivision within a 

24 country or entity as defined herein. 
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1 (4) DAYTON ACCORDS.—The term ‘‘Dayton Ac2 cords’’ means the General Framework Agreement for 

3 Peace in Bosnia and Herzegovina, together with an4 nexes relating thereto, done at Dayton, November 10 

5 through 16, 1995. 

6 USER FEES

7 SEC. 677. The Secretary of the Treasury shall instruct 

8 the United States Executive Director at each international 

9 financial institution (as defined in section 1701(c)(2) of the 

10 International Financial Institutions Act) and the Inter11 national Monetary Fund to oppose any loan, grant, strat12 egy or policy of these institutions that would require user 

13 fees or service charges on poor people for primary education 

14 or primary healthcare, including prevention and treatment 

15 efforts for HIV/AIDS, malaria, tuberculosis, and infant, 

16 child, and maternal well-being, in connection with the in17 stitutions’ financing programs. 

18 FUNDING FOR SERBIA

19 SEC. 678. (a) Funds appropriated by this Act may 

20 be made available for assistance for Serbia after March 31, 

21 2004, if the President has made the determination and cer22 tification contained in subsection (c). 

23 (b) After March 31, 2004, the Secretary of the Treasury 

24 should instruct the United States executive directors to the 

25 international financial institutions to support loans and 

26 assistance to the Government of the Federal Republic of 
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1 Yugoslavia (or a government of a successor state) subject 

2 to the conditions in subsection (c): Provided, That section 

3 576 of the Foreign Operations, Export Financing, and Re4 lated Programs Appropriations Act, 1997, as amended, 

5 shall not apply to the provision of loans and assistance to 

6 the Federal Republic of Yugoslavia (or a successor state) 

7 through international financial institutions. 

8 (c) The determination and certification referred to in 

9 subsection (a) is a determination by the President and a 

10 certification to the Committees on Appropriations that the 

11 Government of the Federal Republic of Yugoslavia (or a 

12 government of a successor state) is—

13 (1) cooperating with the International Criminal 

14 Tribunal for the former Yugoslavia including access 

15 for investigators, the provision of documents, and the 

16 surrender and transfer of indictees, including Ratko 

17 Mladic, or assistance in their apprehension; 

18 (2) taking steps that are consistent with the 

19 Dayton Accords to end Serbian financial, political, 

20 security and other support which has served to main21 tain separate Republika Srpska institutions; and 

22 (3) taking steps to implement policies which re23 flect a respect for minority rights and the rule of law, 

24 including the release of political prisoners from Ser25 bian jails and prisons. 
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1 (d) This section shall not apply to Montenegro, Kosovo, 

2 humanitarian assistance or assistance to promote democ3 racy in municipalities. 

4 MULTILATERAL DEVELOPMENT BANK ACCOUNTABILITY

5 SEC. 679. Beginning not more than 180 days after the 

6 date of enactment of this Act, the Secretary of the Treasury 

7 shall instruct the United States Executive Director of each 

8 multilateral development bank or subsidiary or window 

9 thereof (hereinafter ‘‘Bank’’), not to vote in favor of any 

10 action proposed to be taken by such Bank unless not less 

11 than 45 days before consideration by the board of directors 

12 of such Bank, the Secretary of State, in consultation with 

13 the Secretary of the Treasury, has determined that—

14 (1) such Bank is implementing regular, inde15 pendent external audits of internal management con16 trols and procedures for meeting operational objec17 tives, complying with Bank policies, and preventing 

18 fraud, and is making reports describing the scope and 

19 findings of such audits available to the public on at 

20 least an annual basis; 

21 (2) any proposed loan, credit, or grant agree22 ment has been published and includes the resources 

23 and conditionality necessary to ensure that the bor24 rower complies with applicable laws in carrying out 

25 such loan, credit, or grant agreement, including laws 

26 pertaining to the integrity and transparency of the 
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1 process such as public consultation, and to public 

2 health and safety and environmental protection; and 

3 (3) such Bank is implementing effective proce4 dures for the receipt, retention, and treatment of (A) 

5 complaints received by the Bank regarding fraud, ac6 counting, mismanagement, internal accounting con7 trols, or auditing matters; and (B) the confidential, 

8 anonymous submission by employees of the Bank of 

9 concerns regarding fraud, accounting, mismanage10 ment, internal accounting controls, or auditing mat11 ters. 

12 COOPERATION WITH CUBA ON COUNTER-NARCOTICS

13 MATTERS

14 SEC. 680. (a) Subject to subsection (b), of the funds 

15 appropriated under the heading ‘‘International Narcotics 

16 Control and Law Enforcement’’, $5,000,000 should be made 

17 available for the purposes of preliminary work by the De18 partment of State, or such other entity as the Secretary of 

19 State may designate, to establish cooperation with appro20 priate agencies of the Government of Cuba on counter-nar21 cotics matters, including matters relating to cooperation, 

22 coordination, and mutual assistance in the interdiction of 

23 illicit drugs being transported through Cuba airspace or 

24 over Cuba waters. 

25 (b) The amount in subsection (a) shall not be available 

26 if the President certifies that—
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1 (1) Cuba does not have in place appropriate pro2 cedures to protect against the loss of innocent life in 

3 the air and on the ground in connection with the 

4 interdiction of illegal drugs; and 

5 (2) there is evidence of involvement of the Gov6 ernment of Cuba in drug trafficking. 

7 COMMUNITY-BASED POLICE ASSISTANCE

8 SEC. 681. (a) AUTHORITY.—Funds made available to 

9 carry out the provisions of chapter 1 of part I and chapter 

10 4 of part II of the Foreign Assistance Act of 1961, may 

11 be used, notwithstanding section 660 of that Act, to enhance 

12 the effectiveness and accountability of civilian police au13 thority through training and technical assistance in inter14 nationally recognized human rights, the rule of law, stra15 tegic planning, and through assistance to foster civilian po16 lice roles that support democratic governance including as17 sistance for programs to prevent conflict and foster im18 proved police relations with the communities they serve. 

19 (b) NOTIFICATION.—Assistance provided under sub20 section (a) shall be subject to the regular notification proce21 dures of the Committees on Appropriations. 

22 (c) Report.—The requirement for an annual report, 

23 contained in section 582 (b)(1) of Division E of Public Law 

24 108–7, shall be applicable to all programs for which funds 

25 are provided under the authority of this subsection. 
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1 OVERSEAS PRIVATE INVESTMENT CORPORATION AND

2 EXPORT-IMPORT BANK RESTRICTIONS

3 SEC. 682. (a) LIMITATION ON USE OF FUNDS BY

4 OPIC.—None of the funds made available in this Act may 

5 be used by the Overseas Private Investment Corporation to 

6 insure, reinsure, guarantee, or finance any investment in 

7 connection with a project involving the mining, polishing 

8 or other processing, or sale of diamonds in a country that 

9 fails to meet the requirements of subsection (c). 

10 (b) LIMITATION ON USE OF FUNDS BY THE EXPORT11 IMPORT BANK.—None of the funds made available in this 

12 Act may be used by the Export-Import Bank of the United 

13 States to guarantee, insure, extend credit, or participate in 

14 an extension of credit in connection with the export of any 

15 goods to a country for use in an enterprise involving the 

16 mining, polishing or other processing, or sale of diamonds 

17 in a country that fails to meet the requirements of sub18 section (c). 

19 (c) REQUIREMENTS.—The requirements referred to in 

20 subsections (a) and (b) are that the country concerned is 

21 implementing the recommendations, obligations and re22 quirements developed by the Kimberley Process on conflict 

23 diamonds. 
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1 AMERICAN CHURCHWOMEN AND OTHER CITIZENS IN EL

2 SALVADOR AND GUATEMALA

3 SEC. 683. (a) Information relevant to the December 2, 

4 1980, murders of four American churchwomen in El Sal5 vador, and the May 5, 2001, murder of Sister Barbara Ann 

6 Ford and the murders of other American citizens in Guate7 mala since December 1999, should be declassified and made 

8 public as soon as possible. 

9 (b) In making determinations concerning declassifica10 tion and release of relevant information, all Federal agen11 cies and departments should use the discretion contained 

12 within such existing standards and procedures on classi13 fication in support of releasing, rather than withholding, 

14 such information. 

15 CONFLICTRESOLUTION

16 SEC. 684. Of the funds appropriated under the head17 ings ‘‘Economic Support Fund’’ and ‘‘Assistance for East18 ern Europe and the Baltic States’’, $15,000,000 shall be 

19 made available to support conflict resolution programs and 

20 activities which bring together individuals of different eth21 nic, religious, and political backgrounds from areas of civil 

22 conflict and war. 

23 NICARAGUA

24 SEC. 685. Of the funds appropriated under the head25 ings ‘‘Economic Support Fund’’, ‘‘Development Assist26 ance’’, and ‘‘Child Survival and Health Programs Fund’’, 
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1 not less than $35,000,000 shall be made available for assist2 ance for Nicaragua, of which not less than $5,000,000 shall 

3 be made available from funds appropriated under the head4 ing ‘‘Economic Support Fund’’: Provided, That with re5 spect to funds made available pursuant to this section, pri6 ority shall be given to programs to provide alternative 

7 means of income for subsistence farmers and to promote ju8 dicial reform. 

9 REPORT ON INTERNATIONAL COFFEE CRISIS

10 SEC. 686. Not later than 120 days after enactment of 

11 this Act, the Secretary of State, in consultation with the 

12 Administrator of the United States Agency for Inter13 national Development and the Secretary of the Treasury, 

14 shall submit a report to the Committees on Appropriations 

15 describing the progress the United States is making toward 

16 meeting the objectives set forth in paragraph (1) of S. Res. 

17 368 (107th Congress) and paragraph (1) of H. Res. 604 

18 (107th Congress), including adopting a global strategy to 

19 deal with the international coffee crisis and measures to 

20 support and complement multilateral efforts to respond to 

21 the international coffee crisis. 

22 VENEZUELA

23 SEC. 687. (a) None of the funds appropriated or other24 wise made available pursuant by this Act may be made 

25 available for assistance for the central Government of Ven26 ezuela if the Secretary of State certifies to the Committees 
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1 on Appropriations that the central Government of Ven2 ezuela is assisting, harboring, or providing sanctuary for 

3 Colombian terrorist organizations. 

4 (b) The provision of subsection (a) shall not apply to 

5 democracy and rule of law assistance for Venezuela. 

6 (c) Of the funds appropriated by this Act under the 

7 heading ‘‘Economic Support Fund’’, not less than 

8 $5,000,000 shall be made available for democracy and rule 

9 of assistance for Venezuela. 

10 DISABILITY ACCESS

11 SEC. 688. The Administrator of the United States 

12 Agency for International Development (‘‘USAID’’) shall 

13 seek to ensure that programs, projects, and activities ad14 ministered by USAID in Iraq and Afghanistan comply 

15 fully with USAID’s ‘‘Policy Paper: Disability’’ issued on 

16 September 12, 1997: Provided, That the Administrator shall 

17 submit a report to the Committees on Appropriations not 

18 later than December 31, 2004, describing the manner in 

19 which the needs of people with disabilities were met in the 

20 development and implementation of USAID programs, 

21 projects, and activities in Iraq and Afghanistan in fiscal 

22 year 2004: Provided further, That the Administrator, not 

23 later than 180 days after enactment of this Act and in con24 sultation, as appropriate, with other appropriate depart25 ments and agencies, the Architectural and Transportation 

26 Barriers Compliance Board, and nongovernmental organi-
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1 zations with expertise in the needs of people with disabil2 ities, shall develop and implement appropriate standards 

3 for access for people with disabilities for construction 

4 projects funded by USAID. 

5 THAILAND

6 SEC. 689. Funds appropriated by this Act that are 

7 available for the central Government of Thailand may be 

8 made available if the Secretary of State determines and re9 ports to the Committees on Appropriations that the central 

10 Government of Thailand (1) supports the advancement of 

11 democracy in Burma and is taking action to sanction the 

12 military junta in Rangoon; (2) is not hampering the deliv13 ery of humanitarian assistance to people in Thailand who 

14 have fled Burma; and (3) is not forcibly repatriating Bur15 mese to Burma. 

16 MODIFICATION ON REPORTING REQUIREMENTS

17 SEC. 690. Section 3204(f) of the Emergency Supple18 mental Act, 2000 (Public Law 106–246) is amended—

19 (1) in the heading, by striking ‘‘BIMONTHLY’’ 

20 and inserting ‘‘QUARTERLY’’; 

21 (2) by striking ‘‘60’’ and inserting ‘‘90’’; and 

22 (3) by striking ‘‘Congress’’ and inserting ‘‘the 

23 appropriate congressional committees’’. 
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1 ASSISTANCE FOR FOREIGN NONGOVERNMENTAL

2 ORGANIZATIONS

3 SEC. 691. Notwithstanding any other provision of law, 

4 regulation, or policy, in determining eligibility for assist5 ance authorized under part I of the Foreign Assistance Act 

6 of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental 

7 organizations—

8 (1) shall not be ineligible for such assistance sole9 ly on the basis of health or medical services including 

10 counseling and referral services, provided by such or11 ganizations with non-United States Government 

12 funds if such services do not violate the laws of the 

13 country in which they are being provided and would 

14 not violate United States Federal law if provided in 

15 the United States; and 

16 (2) shall not be subject to requirements relating 

17 to the use of non-United States Government funds for 

18 advocacy and lobbying activities other than those that 

19 apply to United States nongovernmental organiza20 tions receiving assistance under part I of such Act. 

21 PROHIBITION ON FUNDING TO COUNTRIES THAT TRADE IN

22 CERTAIN WEAPONS WITH NORTH KOREA

23 SEC. 692. (a) No funds appropriated pursuant to this 

24 Act may be made available to the government of a country 

25 or for a project in a country that, during the 12-month 
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1 period ending on the date that such funds would be obli2 gated, has—

3 (1) exported to North Korea any item listed on 

4 the United States Munitions List under section 38 of 

5 the Arms Export Control Act (22 U.S.C. 2278) or any 

6 dual-use item on the Commerce Control List pursuant 

7 to the Export Administration Regulations (15 C.F.R. 

8 part 730 et seq.), if the President determines that 

9 such items are intended for use in a weapons of mass 

10 destruction or a missile program in North Korea; or 

11 (2) imported from North Korea any item de12 scribed in paragraph (1). 

13 (b) The President may waive the prohibition in sub14 section (a) with respect to a county or project if the Presi15 dent certifies to Congress that it is in the national interest 

16 of the United States to waive the prohibition. 

17 MALAYSIA

18 SEC. 693. (a) Funds appropriated by this Act that are 

19 available for assistance for Malaysia may be made available 

20 if the Secretary of State determines and reports to the Com21 mittees on Appropriations that the Government of Malaysia 

22 supports and promotes religious freedoms, including toler23 ance for people of the Jewish faith. 

24 (b) The Secretary of State may waive the requirements 

25 of subsection (a) if he determines and reports to the Com-
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1 mittees on Appropriations that such a waiver is in the na2 tional security interests of the United States. 

3 WAR CRIMES IN AFRICA

4 SEC. 694. Funds appropriated by this Act, including 

5 funds for debt restructuring, shall not be made available 

6 to the central government of a country in which individuals 

7 indicted by the International Criminal Tribunal for Rwan8 da (ICTR) and the Special Court for Sierra Leone (SCSL) 

9 are credibly alleged to be living unless the Secretary of State 

10 certifies to the President of the Senate and the Speaker of 

11 the House of Representatives that such government is co12 operating with ICTR and SCSL, including the surrender 

13 and transfer of indictees: Provided, That the previous pro14 viso shall not apply to assistance provided under section 

15 551 of the Foreign Assistance Act of 1961: Provided further, 

16 That the United States shall use its voice and vote in the 

17 United Nations Security Council to fully support efforts by 

18 ICTR and SCSL to bring to justice individuals indicted 

19 by such tribunals. 

20 REPORTON ADMISSION OF REFUGEES

21 SEC. 695. (a) Congress makes the following findings: 

22 (1) As of October 2003, there are 13,000,000 ref23 ugees worldwide, many of whom have fled religious, 

24 political, and other forms of persecution. 

25 (2) Refugee resettlement remains a critical tool 

26 of international refugee protection and an essential 
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1 component of the humanitarian and foreign policy of 

2 the United States. 

3 (3) Prior to the beginning of each fiscal year, the 

4 President designates, in a Presidential Determina5 tion, a target number of refugees to be admitted to the 

6 United States under the United States Refugee Reset7 tlement Program. 

8 (4) Although the President authorized the admis9 sion of 70,000 refugees in fiscal year 2003, only 

10 28,419 refugees were admitted. 

11 (5) From fiscal year 1980 to fiscal year 2000, 

12 the average level of United States refugee admissions 

13 was slightly below 100,000 per year. 

14 (6) The United States Government policy is to 

15 resettle the designated number of refugees each fiscal 

16 year. Congress expects the Department of State, the 

17 Department of Homeland Security, and the Depart18 ment of Health and Human Services to implement 

19 the admission of 70,000 refugees as authorized by the 

20 President for fiscal year 2004. 

21 (b)(1) The Secretary of State shall utilize private vol22 untary organizations with expertise in the protection needs 

23 of refugees in the processing of refugees overseas for admis24 sion and resettlement to the United States, and shall utilize 

25 such agencies in addition to the United Nations High Com-
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1 missioner for Refugees in the identification and referral of 

2 refugees. 

3 (2) The Secretary of State shall establish a system for 

4 accepting referrals of appropriate candidates for resettle5 ment from local private, voluntary organizations and work 

6 to ensure that particularly vulnerable refugee groups receive 

7 special consideration for admission into the United States, 

8 including—

9 (A) long-stayers in countries of first asylum; 

10 (B) unaccompanied refugee minors; 

11 (C) refugees outside traditional camp settings; 

12 and 

13 (D) refugees in woman-headed households. 

14 (3) The Secretary of State shall give special consider15 ation to—

16 (A) refugees of all nationalities who have close 

17 family ties to citizens and residents of the United 

18 States; and 

19 (B) other groups of refugees who are of special 

20 concern to the United States. 

21 (4) Not later than 90 days after the date of enactment 

22 of this Act, the Secretary of State shall submit a report to 

23 the appropriate congressional committees describing the 

24 steps that have been taken to implement this subsection. 
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1 (c) Not later than September 30, 2004, if the actual 

2 refugee admissions numbers do not conform with the au3 thorized ceiling on the number of refugees who may be ad4 mitted, the Secretary of State, the Secretary of Homeland 

5 Security, and the Secretary of Health and Human Services 

6 shall report to Congress on the—

7 (1) execution and implementation of the refugee 

8 resettlement program; and 

9 (2) reasons for the failure to resettle the max10 imum number of refugees. 

11 ANNUAL REPORT ON INTERNATIONAL RELIGIOUS FREEDOM

12 TO INCLUDE INFORMATION ON ANTI-SEMITISM AND

13 OTHER RELIGIOUS INTOLERANCE

14 SEC. 696. Section 102(b)(1) of the International Reli15 gious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) is 

16 amended by adding at the end the following new subpara17 graph: 

18 ‘‘(G) ACTS OF ANTI-SEMITISM AND OTHER

19 RELIGIOUS INTOLERANCE.—A description for 

20 each foreign country of—

21 ‘‘(i) acts of violence against people of 

22 the Jewish faith and other faiths that oc23 curred in that country; 

24 ‘‘(ii) the response of the government of 

25 that country to such acts of violence; and 
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1 ‘‘(iii) actions by the government of that 

2 country to enact and enforce laws relating 

3 to the protection of the right to religious 

4 freedom with respect to people of the Jewish 

5 faith. 

6 POSTDIFFERENTIALS AND DANGER PAY ALLOWANCES

7 SEC. 697. (a) Section 5925(a) of title 5, United States 

8 Code, is amended in the third sentence by inserting after 

9 ‘‘25 percent of the rate of basic pay’’ the following: ‘‘or, in 

10 the case of an employee of the United States Agency for 

11 International Development, 35 percent of the rate of basic 

12 pay’’. 

13 (b) Section 5928 of title 5, United States Code, is 

14 amended by inserting after ‘‘25 percent of the basic pay 

15 of the employee’’ both places it appears the following: ‘‘or 

16 35 percent of the basic pay of the employee in the case of 

17 an employee of the United States Agency for International 

18 Development’’. 

19 (c) The amendments made by subsections (a) and (b) 

20 shall take effect on October 1, 2003, and shall apply with 

21 respect to post differentials and danger pay allowances paid 

22 for months beginning on or after that date. 

23 SENSE OF CONGRESS ON CONTRACTING FOR DELIVERY OF

24 ASSISTANCE BY AIR

25 SEC. 698. It is the sense of Congress that the Adminis26 trator of the United States Agency for International Devel-
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1 opment should, to the maximum extent practicable and in 

2 a manner consistent with the use of full and open competi3 tion (as that term is defined in section 4(6) of the Office 

4 of Federal Procurement Policy Act (41 U.S.C. 403(6))), 

5 contract with small, domestic air transport providers for 

6 purposes of the delivery by air of assistance available under 

7 this Act. 

8 SEC. 699. (a) Congress makes the following findings: 

9 (1) International organizations and non-govern10 mental observers, including the Organization for Se11 curity and Cooperation in Europe, the National 

12 Democratic Institute, and Human Rights Watch doc13 umented widespread government manipulation of the 

14 electoral process in advance of the Presidential elec15 tion held in Azerbaijan on October 15, 2003. 

16 (2) Such organizations and the Department of 

17 State reported widespread vote falsification during 

18 the election, including ballot stuffing, fraudulent ad19 ditions to voter lists, and irregularities with vote tal20 lies and found that election commission members from 

21 opposition parties were bullied into signing falsified 

22 vote tallies. 

23 (3) The Department of State issued a statement 

24 on October 21, 2003 concluding that the irregularities 
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1 that occurred during the elections ‘‘cast doubt on the 

2 credibility of the election’s results’’. 

3 (4) Human Rights Watch reported that govern4 ment forces in Azerbaijan used excessive force against 

5 demonstrators protesting election fraud and that such 

6 force resulted in at least one death and injuries to 

7 more than 300 individuals. 

8 (5) Following the elections, the Government of 

9 Azerbaijan arrested more than 330 individuals, many 

10 of whom are leaders and rank-and-file members of op11 position parties in Azerbaijan, including individuals 

12 who served as observers and polling-station officials 

13 who refused to sign vote tallies from polling stations 

14 that the individuals believed were fraudulent. 

15 (6) The national interest of the United States in 

16 promoting stability in the Caucasus and Central Asia 

17 and in winning the war on terrorism is best protected 

18 by maintaining relationships with democracies com19 mitted to the rule of law. 

20 (7) The credible reports of fraud and intimida21 tion cast serious doubt on the legitimacy of the Octo22 ber 15, 2003 Presidential election in Azerbaijan and 

23 on the victory of Ilham Aliev in such election. 

24 (b) It is the sense of Congress that—
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1 (1) the President and the Secretary of State 

2 should urge the Government of Azerbaijan to create 

3 an independent commission, with participation from 

4 the Organization for Security and Cooperation in 

5 Europe and the Council of Europe, to investigate the 

6 fraud and intimidation surrounding the October 15, 

7 2003 election in Azerbaijan, and to hold a new elec8 tion if such a commission finds that a new election 

9 is warranted; 

10 (2) the violence that followed the election should 

11 be condemned and should be investigated in a full 

12 and impartial investigation; 

13 (3) the perpetrators of criminal acts related to 

14 the election, including Azerbaijani police, should be 

15 held accountable; and 

16 (4) the Government of Azerbaijan should imme17 diately release from detention all members of opposi18 tion political parties who were arrested for peacefully 

19 expressing political opinions. 

20 (c) Not later than 90 days after the date of the enact21 ment of this Act, the Secretary of State, in consultation 

22 with the Attorney General, shall submit a report to the 

23 Committee on Foreign Relations and the Committee on Ap24 propriations of the Senate and the Committee on Inter25 national Relations and the Committee of Appropriations of 
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1 the House of Representatives on the investigation of the 

2 murder of United States democracy worker John Alvis. 

3 Such report shall include—

4 (1) a description of the steps taken by the Gov5 ernment of Azerbaijan to further such investigation 

6 and bring to justice those responsible for the murder 

7 of John Alvis; 

8 (2) a description of the actions of the Govern9 ment of Azerbaijan to cooperate with United States 

10 agencies involved in such investigation; and 

11 (3) any recommendations of the Secretary for 

12 furthering progress of such investigation. 

13 REPORTON SIERRA LEONE

14 SEC. 699A. Not later than 6 months after the date of 

15 enactment of this Act, the Administrator of the United 

16 States Agency for International Development shall submit 

17 a report to the Committee on Foreign Relations and Com18 mittee on Appropriations of the Senate and the Committee 

19 on International Relations and Committee on Appropria20 tions of the House of Representatives on the feasibility of 

21 establishing a United States mission in Sierra Leone. 

22 REPORTON SOMALIA

23 SEC. 699B. (a) Not later than 180 days after the date 

24 of the enactment of this Act, the Secretary of State shall 

25 submit to the Committees on Appropriations and Foreign 

26 Relations of the Senate and the Committees on Appropria-
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1 tions and International Relations of the House of Rep2 resentatives a report on a strategy for engaging with com3 petent and responsible authorities and organizations within 

4 Somalia, including in Somaliland, to strengthen local ca5 pacity and establish incentives for communities to seek sta6 bility. 

7 (b) The report shall describe a multi-year strategy 

8 for—

9 (1) increasing access to primary and secondary 

10 education and basic health care services; 

11 (2) supporting efforts underway to establish clear 

12 systems for effective regulation and monitoring of So13 mali hawala, or informal banking, establishments; 

14 and 

15 (3) supporting initiatives to rehabilitate the live16 stock export sector in Somalia. 

17 DESIGNATION OF THE GLOBAL FUND TO FIGHT AIDS, TU18 BERCULOSIS AND MALARIA UNDER THE INTER19 NATIONAL ORGANIZATIONS IMMUNITIES ACT

20 SEC. 699C. The International Organizations Immuni21 ties Act (22 U.S.C. 288 et seq.) is amended by adding at 

22 the end the following new section: 

23 ‘‘SEC. 16. The provisions of this title may be extended 

24 to the Global Fund to Fight AIDS, Tuberculosis and Ma25 laria in the same manner, to the same extent, and subject 
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1 to the same conditions, as they may be extended to a public 

2 international organization in which the United States par3 ticipates pursuant to any treaty or under the authority of 

4 any Act of Congress authorizing such participation or mak5 ing an appropriation for such participation.’’. 

6 GUINEA WORM ERADICATION PROGRAM

7 SEC. 699D. Of the funds made available in title II 

8 under the headings ‘‘CHILD SURVIVAL AND HEALTH PRO9 GRAMS FUND’’ and ‘‘DEVELOPMENTASSISTANCE’’, not less 

10 than $5,000,000 may be made available for the Carter Cen11 ter’s Guinea Worm Eradication Program. 

12 SEC. 699E. (a) Congress makes the following findings: 

13 (1) The Islamic Republic of Iran is neither free 

14 nor fully democratic, and undemocratic institutions, 

15 such as the Guardians Council, thwart the will of the 

16 Iranian people. 

17 (2) There is ongoing repression of journalists, 

18 students, and intellectuals in Iran, women in Iran 

19 are deprived of their internationally recognized 

20 human rights, and religious freedom is not respected 

21 under the laws of Iran. 

22 (3) The Department of State asserted in its 

23 ‘‘Patterns of Global Terrorism 2002’’ report released 

24 on April 30, 2003, that Iran remained the most active 

25 state sponsor of terrorism and that Iran continues to 

26 provide funding, safe-haven, training, and weapons to 
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1 known terrorist groups, notably Hizballah, HAMAS, 

2 the Palestine Islamic Jihad, and the Popular Front 

3 for the Liberation of Palestine. 

4 (4) The International Atomic Energy Agency 

5 (IAEA) has found that Iran has failed to accurately 

6 disclose all elements of its nuclear program. The 

7 IAEA is engaged in efforts to determine the extent, or8 igin and implications of Iranian nuclear activities 

9 that were not initially reported to the IAEA. 

10 (5) There have been credible reports of Iran har11 boring Al Qaeda fugitives and permitting the passage 

12 of terrorist elements into Iraq. 

13 (b) It is the sense of Congress that it should be the 

14 policy of the United States to—

15 (1) support transparent, full democracy in Iran; 

16 (2) support the rights of the Iranian people to 

17 choose their system of government; 

18 (3) condemn the brutal treatment and imprison19 ment and torture of Iranian civilians expressing po20 litical dissent; 

21 (4) call upon the Government of Iran to comply 

22 fully with requests by the International Atomic En23 ergy Agency for information and to immediately sus24 pend all activities related to the development of nu25 clear weapons and their delivery systems; 
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1 (5) demand that Al Qaeda members be imme2 diately turned over to governments requesting their 

3 extradition; and 

4 (6) demand that Iran prohibit and prevent the 

5 passage of armed elements into Iraq and cease all ac6 tivities to undermine the Iraqi Governing Council 

7 and the reconstruction of Iraq. 

8 SEC. 699F. (a) None of the funds made available by 

9 title II under the heading ‘‘MIGRATION AND REFUGEE AS10 SISTANCE’’ or ‘‘UNITED STATES EMERGENCY REFUGEE AND

11 MIGRATION ASSISTANCE FUND’’ to provide assistance to ref12 ugees or internally displaced persons may be provided to 

13 an organization that has failed to adopt a code of conduct 

14 consistent with the Inter-Agency Standing Committee Task 

15 Force on Protection From Sexual Exploitation and Abuse 

16 in Humanitarian Crises six core principles for the protec17 tion of beneficiaries of humanitarian assistance. 

18 (b) In administering the amounts made available for 

19 the accounts described in subsection (a), the Secretary of 

20 State and Administrator of the United States Agency for 

21 International Development shall incorporate specific poli22 cies and programs for the purpose of identifying specific 

23 needs of, and particular threats to, women and children at 

24 the various stages of a complex humanitarian emergency, 

25 especially at the onset of such emergency. 
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1 (c) Not later than 90 days after the date of enactment 

2 of this Act, the Secretary of State shall submit to the Com3 mittee on Foreign Relations of the Senate, the Committee 

4 on International Relations of the House of Representatives 

5 and the Committees on Appropriations a report on activi6 ties of the Government of the United States to protect 

7 women and children affected by a complex humanitarian 

8 emergency. The report shall include—

9 (1) an assessment of the specific protection needs 

10 of women and children at the various stages of a com11 plex humanitarian emergency; 

12 (2) a description of which agencies and offices of 

13 the United States Government are responsible for ad14 dressing each aspect of such needs and threats; and 

15 (3) guidelines and recommendations for improv16 ing United States and international systems for the 

17 protection of women and children during a complex 

18 humanitarian emergency. 

19 DEMOCRACY BUILDING IN CUBA

20 SEC. 699G. (a) Of the funds appropriated in title II, 

21 under the heading ‘‘TRANSITION INITIATIVES’’ not more 

22 than $5,000,000 shall be available for individuals and inde23 pendent nongovernmental organizations to support democ24 racy-building efforts for Cuba, including the following: 

25 (1) Published and informational material, such 

26 as books, videos, and cassettes, on transitions to de-
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1 mocracy, human rights, and market economics, to be 

2 made available to independent democratic groups in 

3 Cuba. 

4 (2) Humanitarian assistance to victims of polit5 ical repression, and their families. 

6 (3) Support for democratic and human rights 

7 groups in Cuba. 

8 (4) Support for visits and permanent deploy9 ment of independent international human rights 

10 monitors in Cuba. 

11 (b) In this section: 

12 (1) The term ‘‘independent nongovernmental or13 ganization’’ means an organization that the Secretary 

14 of State determines, not less than 15 days before any 

15 obligation of funds made available under this section 

16 to the organization, is a charitable or nonprofit non17 governmental organization that is not an agency or 

18 instrumentality of the Cuban Government. 

19 (2) The term ‘‘individuals’’ means a Cuban na20 tional in Cuba, including a political prisoner and the 

21 family of such prisoner, who is not an official of the 

22 Cuban Government or of the ruling political party in 

23 Cuba, as defined in section 4(10) of the Cuban Lib24 erty and Democratic Solidarity (LIBERTAD) Act of 

25 1996 (22 U.S.C. 6023(10)). 
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1 (c) The notification requirements of section 634A of 

2 the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1) shall 

3 apply to any allocation or transfer of funds made pursuant 

4 to this section. 

5 RESPONSIBLE JUSTICE AND RECONCILIATION MECHANISMS

6 IN CENTRAL AFRICA

7 SEC. 699H. (a) Of the funds appropriated under title 

8 II under the heading ‘‘ECONOMIC SUPPORTFUND’’, 

9 $12,000,000 should be made available to support the devel10 opment of responsible justice and reconciliation mecha11 nisms in the Democratic Republic of the Congo, Rwanda, 

12 Burundi, and Uganda, including programs to increase 

13 awareness of gender-based violence and improve local ca14 pacity to prevent and respond to such violence. 

15 SEC. 699I. Beginning not later than 60 days after the 

16 date of enactment of this Act, the Coordinator should make 

17 publicly available (including through posting on Internet 

18 web sites maintained by the Coordinator) prices paid to 

19 purchase HIV/AIDS pharmaceuticals, antiviral therapies, 

20 diagnostic and monitoring tests, and other appropriate 

21 medicines, including medicines to treat opportunistic infec22 tions, for the treatment of people with HIV/AIDS and the 

23 prevention of mother-to-child transmission of HIV/AIDS in 

24 developing counties—

25 (1) through the use of funds appropriated under 

26 this Act; and 
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1 (2) to the extent available, by—

2 (A) the World Health Organization; and 

3 (B) the Global Fund to Fight AIDS, Tuber4 culosis, and Malaria. 

5 ASSISTANCE FOR HIV/AIDS

6 SEC. 699J. The United States Leadership Against 

7 HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 

8 Stat. 711; 22 U.S.C. 7601 et seq.) is amended—

9 (1) in section 202(d)(4)(A), by adding at the end 

10 the following new clause: 

11 ‘‘(vi) for the purposes of clause (i), ‘funds 

12 contributed to the Global Fund from all sources’ 

13 means funds contributed to the Global Fund at 

14 any time during fiscal years 2004 through 2008 

15 that are not contributed to fulfill a commitment 

16 made for a fiscal year prior to fiscal year 

17 2004.’’; 

18 (2) in section 202(d)(4)(B), by adding at the end 

19 the following new clause: 

20 ‘‘(iv) Notwithstanding clause (i), after July 

21 1 of each of the fiscal years 2004 through 2008, 

22 any amount made available under this sub23 section that is withheld by reason of subpara24 graph (A)(i) is authorized to be made available 

25 to carry out sections 104A, 104B, and 104C of 
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1 the Foreign Assistance Act of 1961 (as added by 

2 title III of this Act).’’; and 

3 (3) in section 301(f), by inserting ‘‘, except that 

4 this subsection shall not apply to the Global Fund to 

5 Fight AIDS, Tuberculosis and Malaria or to any 

6 United Nations voluntary agency’’ after ‘‘trafficking’’. 

7 GLOBAL AIDS ASSISTANCE

8 SEC. 699K. For an additional amount for ‘‘Global 

9 AIDS Initiative’’, $289,000,000, to remain available until 

10 September 30, 2006, for programs for the prevention, treat11 ment, and control of, and research on, HIV/AIDS, tuber12 culosis, and malaria, which may include additional con13 tributions to the Global Fund to Fight AIDS, Tuberculosis, 

14 and Malaria. 

15 INTERNATIONAL MILITARY TRAINING ASSISTANCE FOR

16 INDONESIA

17 SEC. 699L. (a) Subject to subsection (b), none of the 

18 funds appropriated under the heading ‘‘INTERNATIONAL

19 MILITARY EDUCATION AND TRAINING’’ shall be made avail20 able for Indonesia, except that such prohibition shall not 

21 apply to expanded military education and training. 

22 (b) The President may waive the application of sub23 section (a) if the President determines that important na24 tional security interests of the United States justify such 

25 a waiver and the President submits notice of such a waiver 

26 and justification to the Committees on Appropriations in 
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1 accordance with the regular notification procedures of such 

2 Committees. 

3 (c) Respect of the Indonesian military for human 

4 rights and the normalization of the military relationship 

5 between the United States and Indonesia is in the interests 

6 of both countries. The normalization process cannot begin 

7 until the Federal Bureau of Investigation has received full 

8 cooperation from the Government of Indonesia and the In9 donesian armed forces with respect to its investigation into 

10 the August 31, 2002, murders of two American citizens and 

11 one Indonesian citizen in Timika, Indonesia, and the indi12 viduals responsible for those murders have been prosecuted 

13 and appropriately punished. 

14 TECHNICAL CORRECTION RELATING TO THE ENHANCED

15 HIPC INITIATIVE. 

16 SEC. 699M. Section 1625(a)(1)(B)(ii) of the Inter17 national Financial Institutions Act (as added by section 

18 501 of the United States Leadership Against HIV/AIDS, 

19 Tuberculosis, and Malaria Act of 2003 (Public Law 108–

20 25)) is amended by striking ‘‘subparagraph (A)’’ and in21 serting ‘‘clause (i)’’. 
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1 This Act may be cited as the ‘‘Foreign Operations, Ex2 port Financing, and Related Programs Appropriations Act, 

3 2004’’.

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

Attest: JEFF TRANDAHL, 

Clerk.

Passed the Senate October 30, 2003. 

Attest: EMILY J. REYNOLDS, 

Secretary.