In the Senate of the United States,

October 30, 2003.

Resolved, That the bill from the House of Representatives (H.R. 2800) entitled ‘‘An Act making appropriations for

foreign operations, export financing, and related programs for

the fiscal year ending September 30, 2004, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2004, and for other pur4 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-IMPORT BANK

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-IMPORT BANK 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 NONCREDIT ACCOUNT

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 DEVELOPMENT ASSISTANCE

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 DEVELOPMENT CREDIT AUTHORITY

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 SUPPORT FUND

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 SOVIET UNION

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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HR 2800 EAS

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 DEVELOPMENT FOUNDATION

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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HR 2800 EAS

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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HR 2800 EAS

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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HR 2800 EAS

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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HR 2800 EAS

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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HR 2800 EAS

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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HR 2800 EAS

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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HR 2800 EAS

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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HR 2800 EAS

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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HR 2800 EAS

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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HR 2800 EAS

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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HR 2800 EAS

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 MANAGEMENT OF THE

24 MILLENNIUM CHALLENGE CORPORATION. (a) ESTABLISH25 MENT OF 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) REQUIREMENT FOR 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

2 country—

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) REQUIREMENT FOR 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) REQUIREMENT FOR 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 REPORT TO 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 MENT FOR 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) ASSIGNMENT TO 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 ENVIRONMENT FACILITY

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 AGAINST DIRECT FUNDING 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) AUDIT OF 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

10 prohibit—

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) SHIPMENT OF 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 ENVIRONMENT PROGRAMS

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 EAST ASIA 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 WEST BANK 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 DEBT RELIEF 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) DEPOSIT OF 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 CONFLICT RESOLUTION

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 REPORT ON 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 POST DIFFERENTIALS 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 REPORT ON 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 REPORT ON 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 ‘‘DEVELOPMENT ASSISTANCE’’, 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 SUPPORT FUND’’,

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’’.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 2800

AMENDMENT