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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2800 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                H. R. 2800

_______________________________________________________________________

                                 AN ACT

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2004, and for other purposes, namely:

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                export-import bank of the united states

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

                        administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 
for official reception and representation expenses for members of the 
Board of Directors, $71,395,000: Provided, That the Export-Import Bank 
may accept, and use, payment or services provided by transaction 
participants for legal, financial, or technical services in connection 
with any transaction for which an application for a loan, guarantee or 
insurance commitment has been made: Provided further, That, 
notwithstanding subsection (b) of section 117 of the Export Enhancement 
Act of 1992, subsection (a) thereof shall remain in effect until 
October 1, 2004.

                overseas private investment corporation

                           noncredit account

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

                            program account

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

                  Funds Appropriated to the President

                      trade and development agency

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

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

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

           united states agency for international development

                child survival and health programs fund

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, for child 
survival, health, and family planning/reproductive health activities, 
in addition to funds otherwise available for such purposes, 
$2,235,830,000, to remain available until September 30, 2005: Provided, 
That this amount shall be made available for such activities as: (1) 
programs for the prevention, treatment, control of, and research on 
HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases, 
and for assistance to communities severely affected by HIV/AIDS, 
including children displaced or orphaned by AIDS; (2) family planning/
reproductive health; (3) health, nutrition, water and sanitation 
programs, and related education programs, which directly address the 
needs of mothers and children; (4) assistance for children displaced or 
orphaned by causes other than AIDS; (5) immunization programs; and (6) 
oral rehydration programs: Provided further, That none of the funds 
appropriated under this heading may be made available for nonproject 
assistance, except that funds may be made available for such assistance 
for ongoing health activities: Provided further, That of the funds 
appropriated under this heading, not to exceed $250,000, in addition to 
funds otherwise available for such purposes, may be used to monitor and 
provide oversight of child survival, maternal and family planning/
reproductive health, and infectious disease programs: Provided further, 
That the following amounts should be allocated as follows: $324,000,000 
for child survival and maternal health; $27,000,000 for vulnerable 
children; $840,830,000 for HIV/AIDS; $155,500,000 for other infectious 
diseases; $368,500,000 for family planning/reproductive health; and 
$120,000,000 for UNICEF: Provided further, That of the funds 
appropriated under this heading, and in addition to funds allocated 
under the previous proviso, not less than $400,000,000 shall be made 
available, not withstanding any other provision of law, except the 
provisions of section 202(d)(4) of Public Law 108-25, for a United 
States contribution to the Global Fund to Fight AIDS, Tuberculosis and 
Malaria (the ``Global Fund''), and shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That of the funds appropriated and allocated for HIV/
AIDS under this heading, not less than $15,000,000 should be made 
available as a contribution to the International AIDS Vaccine 
Initiative; not more than $6,326,000 may be available for 
administrative expenses of the Office of the Coordinator of United 
States Government Activities to Combat HIV/AIDS Globally (the 
``Coordinator''); and not more than $50,000,000 may be made available 
under the authority contained in section 1(f)(2)(A)(iii) of the State 
Department Basic Authorities Act of 1956: Provided further, That no 
United States contribution to the Global Fund may cause the total 
amount of United States Government contributions to the Global Fund to 
exceed one-half of the total amount of funds contributed to the Global 
Fund from all other sources: Provided further, That if, by June 30, 
2004, the application of the previous proviso prevents a contribution 
of the full amount allocated for the Global Fund, the amount that 
cannot be made available for the Global Fund may be made available by 
the Coordinator, through relevant executive branch agencies, for 
activities to combat HIV/AIDS, tuberculosis, or malaria, subject to 
prior consultation with the Committees on Appropriations: Provided 
further, That in carrying out the duties specified in section 
1(f)(2)(B)(ii)(VII) of the State Department Basic Authorities Act of 
1956, the Coordinator shall ensure that assistance is provided for 
activities in not fewer than 15 countries, at least one of which shall 
not be in Africa or the Caribbean region: Provided further, That of the 
funds appropriated under this heading, up to $60,000,000 may be made 
available for a United States contribution to the Vaccine Fund, and up 
to $6,000,000 may be transferred to and merged with funds appropriated 
by this Act under the heading ``Operating Expenses of the United States 
Agency for International Development'' for costs directly related to 
international health, but funds made available for such costs may not 
be derived from amounts made available for contribution under the 
preceding provisos: Provided further, That notwithstanding any other 
provision of this Act, funds appropriated under this heading that are 
available for child survival and health programs, shall be apportioned 
to the Office of the Coordinator, or the United States Agency for 
International Development, and the authority of sections 632(a) or 
632(b) of the Foreign Assistance Act of 1961, or any comparable 
provision of law, may not be used to transfer or allocate any part of 
such funds to the Department of Health and Human Services including any 
office of that agency, except that the authority of those sections may 
be used to transfer or allocate up to $35,000,000 of such funds to the 
Centers for Disease Control and Prevention: Provided further, That none 
of the funds made available in this Act nor any unobligated balances 
from prior appropriations may be made available to any organization or 
program which, as determined by the President of the United States, 
supports or participates in the management of a program of coercive 
abortion or involuntary sterilization: Provided further, That none of 
the funds made available under this Act may be used to pay for the 
performance of abortion as a method of family planning or to motivate 
or coerce any person to practice abortions: Provided further, That none 
of the funds made available under this Act may be used to lobby for or 
against abortion: Provided further, That in order to reduce reliance on 
abortion in developing nations, funds shall be available only to 
voluntary family planning projects which offer, either directly or 
through referral to, or information about access to, a broad range of 
family planning methods and services, and that any such voluntary 
family planning project shall meet the following requirements: (1) 
service providers or referral agents in the project shall not implement 
or be subject to quotas, or other numerical targets, of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning (this provision shall not be 
construed to include the use of quantitative estimates or indicators 
for budgeting and planning purposes); (2) the project shall not include 
payment of incentives, bribes, gratuities, or financial reward to: (A) 
an individual in exchange for becoming a family planning acceptor; or 
(B) program personnel for achieving a numerical target or quota of 
total number of births, number of family planning acceptors, or 
acceptors of a particular method of family planning; (3) the project 
shall not deny any right or benefit, including the right of access to 
participate in any program of general welfare or the right of access to 
health care, as a consequence of any individual's decision not to 
accept family planning services; (4) the project shall provide family 
planning acceptors comprehensible information on the health benefits 
and risks of the method chosen, including those conditions that might 
render the use of the method inadvisable and those adverse side effects 
known to be consequent to the use of the method; and (5) the project 
shall ensure that experimental contraceptive drugs and devices and 
medical procedures are provided only in the context of a scientific 
study in which participants are advised of potential risks and 
benefits; and, not less than 60 days after the date on which the 
Administrator of the United States Agency for International Development 
determines that there has been a violation of the requirements 
contained in paragraph (1), (2), (3), or (5) of this proviso, or a 
pattern or practice of violations of the requirements contained in 
paragraph (4) of this proviso, the Administrator shall submit to the 
Committees on Appropriations a report containing a description of such 
violation and the corrective action taken by the Agency: Provided 
further, That in awarding grants for natural family planning under 
section 104 of the Foreign Assistance Act of 1961 no applicant shall be 
discriminated against because of such applicant's religious or 
conscientious commitment to offer only natural family planning; and, 
additionally, all such applicants shall comply with the requirements of 
the previous proviso: Provided further, That for purposes of this or 
any other Act authorizing or appropriating funds for foreign 
operations, export financing, and related programs, the term 
``motivate'', as it relates to family planning assistance, shall not be 
construed to prohibit the provision, consistent with local law, of 
information or counseling about all pregnancy options: Provided 
further, That nothing in this paragraph shall be construed to alter any 
existing statutory prohibitions against abortion under section 104 of 
the Foreign Assistance Act of 1961: Provided further, That information 
provided about the use of condoms as part of projects or activities 
that are funded from accounts appropriated by this Act shall be 
medically accurate and shall include the public health benefits and 
failure rates of such use.

                         development assistance

    For necessary expenses of the United States Agency for 
International Development to carry out the provisions of sections 103, 
105, 106, and 131, and chapter 10 of part I of the Foreign Assistance 
Act of 1961, $1,317,000,000, of which up to $50,000,000 may remain 
available until September 30, 2005: Provided, That none of the funds 
appropriated under title II of this Act that are managed by or 
allocated to the United States Agency for International Development's 
Global Development Secretariat, may be made available except through 
the regular notification procedures of the Committees on 
Appropriations: Provided further, That $194,000,000 should be allocated 
for trade capacity building: Provided further, That $250,000,000 should 
be allocated for basic education: Provided further, That of the funds 
appropriated under this heading and managed by the United States Agency 
for International Development Bureau of Democracy, Conflict, and 
Humanitarian Assistance, not less than $11,000,000 shall be made 
available only for programs to improve women's leadership capacity in 
recipient countries: Provided further, That such funds may not be made 
available for construction: Provided further, That of the funds 
appropriated under this heading that are made available for assistance 
programs for displaced and orphaned children and victims of war, not to 
exceed $32,500, in addition to funds otherwise available for such 
purposes, may be used to monitor and provide oversight of such 
programs.

              international disaster and famine assistance

    For necessary expenses of the United States Agency for 
International Development to carry out the provisions of section 491 of 
the Foreign Assistance Act of 1961, as amended for international 
disaster relief, rehabilitation, and reconstruction assistance, 
$235,500,000, to remain available until expended.
    In addition, for necessary expenses of the United States Agency for 
International Development for assistance for famine prevention and 
relief, including for mitigation of the effects of famine, $80,000,000, 
to remain available until expended: Provided, That such funds shall be 
made available utilizing the general authorities of section 491 of the 
Foreign Assistance Act of 1961, and shall be in addition to amounts 
otherwise available for such purposes: Provided further, That funds 
appropriated by this paragraph shall be available for obligation 
subject to prior consultation with the Committees on Appropriations.

                         transition initiatives

    For necessary expenses of the United States Agency for 
International Development for international disaster rehabilitation and 
reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $55,000,000, to remain available until 
expended, to support transition to democracy and to long-term 
development of countries in crisis: Provided, That such support may 
include assistance to develop, strengthen, or preserve democratic 
institutions and processes, revitalize basic infrastructure, and foster 
the peaceful resolution of conflict: Provided further, That the United 
States Agency for International Development shall submit a report to 
the Committees on Appropriations at least 5 days prior to beginning a 
new program of assistance.

                      development credit authority

                     (including transfer of funds)

    For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 108 and 635 of the Foreign Assistance Act of 1961, funds may 
be derived by transfer from funds appropriated by this Act to carry out 
part I of such Act and under the heading ``Assistance for Eastern 
Europe and the Baltic States'': Provided, That such funds shall not 
exceed $21,000,000, which shall be made available only for micro and 
small enterprise programs, urban programs, and other programs which 
further the purposes of part I of the Act: Provided further, That such 
costs shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That the provisions of section 107A(d) 
(relating to general provisions applicable to the Development Credit 
Authority) of the Foreign Assistance Act of 1961, as contained in 
section 306 of H.R. 1486 as reported by the House Committee on 
International Relations on May 9, 1997, shall be applicable to direct 
loans and loan guarantees provided under this heading. In addition, for 
administrative expenses to carry out credit programs administered by 
the United States Agency for International Development, $8,000,000, 
which may be transferred to and merged with the appropriation for 
Operating Expenses of the United States Agency for International 
Development: Provided further, That funds made available under this 
heading shall remain available until September 30, 2007.

     payment to the foreign service retirement and disability fund

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

   operating expenses of the united states agency for international 
                              development

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of section 667 
of the Foreign Assistance Act of 1961, $604,100,000, of which 
$30,000,000 may remain available until September 30, 2005: Provided, 
That none of the funds appropriated under this heading and under the 
heading ``Capital Investment Fund'' may be made available to finance 
the construction (including architect and engineering services), 
purchase, or long term lease of offices for use by the United States 
Agency for International Development, unless the Administrator has 
identified such proposed construction (including architect and 
engineering services), purchase, or long term lease of offices in a 
report submitted to the Committees on Appropriations at least 15 days 
prior to the obligation of these funds for such purposes: Provided 
further, That the previous proviso shall not apply where the total cost 
of construction (including architect and engineering services), 
purchase, or long term lease of offices does not exceed $1,000,000: 
Provided further, That in addition not to exceed $15,000,000 may be 
derived by transfer from the ``Iraq Relief and Reconstruction Fund'' 
(Public Law 108-11) to support the United States Agency for 
International Development mission in Iraq: Provided further, That none 
of the funds in this Act may be used to open a new overseas mission of 
the United States Agency for International Development without the 
prior written notification of the Committees on Appropriations: 
Provided further, That the authority of sections 610 and 109 of the 
Foreign Assistance Act of 1961 may be exercised by the Secretary of 
State to transfer funds appropriated to carry out chapter 1 of such Act 
to ``Operating Expenses of the United States Agency for International 
Development'' in accordance with the provisions of those sections.

                        capital investment fund

    For necessary expenses for overseas construction and related costs, 
and for the procurement and enhancement of information technology and 
related capital investments of the United States Agency for 
International Development, pursuant to section 667 of the Foreign 
Assistance Act of 1961, $49,300,000, to remain available until 
expended: Provided, That this amount is in addition to funds otherwise 
available for such purposes: Provided further, That the Administrator 
of the United States Agency for International Development shall assess 
fair and reasonable rental payments for the use of space by employees 
of other United States Government agencies in buildings constructed 
using funds appropriated under this heading, and such rental payments 
shall be deposited into this account as an offsetting collection: 
Provided further, That the rental payments collected pursuant to the 
previous proviso and deposited as an offsetting collection shall be 
available for obligation only pursuant to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
the assignment of United States Government employees or contractors to 
space in buildings constructed using funds appropriated under this 
heading shall be subject to the concurrence of the Administrator of the 
United States Agency for International Development: Provided further, 
That funds appropriated under this heading shall be available for 
obligation only pursuant to the regular notification procedures of the 
Committees on Appropriations.

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

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

                  Other Bilateral Economic Assistance

                         economic support fund

    For necessary expenses to carry out the provisions of chapter 4 of 
part II, $2,240,500,000 to remain available until September 30, 2005: 
Provided, That of the funds appropriated under this heading, not less 
than $480,000,000 shall be available only for Israel, which sum shall 
be available on a grant basis as a cash transfer and shall be disbursed 
within 30 days of the enactment of this Act: Provided further, That not 
less than $575,000,000 shall be available only for Egypt, which sum 
shall be provided on a grant basis, and of which sum cash transfer 
assistance shall be provided with the understanding that Egypt will 
undertake significant economic reforms which are additional to those 
which were undertaken in previous fiscal years: Provided further, That 
in exercising the authority to provide cash transfer assistance for 
Israel, the President shall ensure that the level of such assistance 
does not cause an adverse impact on the total level of nonmilitary 
exports from the United States to such country and that Israel enters 
into a side letter agreement in an amount proportional to the fiscal 
year 1999 agreement: Provided further, That of the funds appropriated 
under this heading, not less than $250,000,000 should be made available 
only for assistance for Jordan: Provided further, That not less than 
$12,000,000 of the funds appropriated under this heading should be made 
available for Cyprus to be used only for scholarships, administrative 
support of the scholarship program, bicommunal projects, and measures 
aimed at reunification of the island and designed to reduce tensions 
and promote peace and cooperation between the two communities on 
Cyprus: Provided further, That not less than $35,000,000 of the funds 
appropriated under this heading should be made available for assistance 
for Lebanon of which not less than $4,000,000 should be available only 
for American educational institutions for scholarships and other 
programs: Provided further, That notwithstanding section 534(a) of this 
Act, funds appropriated under this heading that are made available for 
assistance for the Central Government of Lebanon shall be subject to 
the regular notification procedures of the Committees on 
Appropriations: Provided further, That not to exceed $65,000,000 of the 
funds appropriated under this heading in this Act may be made available 
for the costs, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying direct loans and guarantees for Pakistan: 
Provided further, That not to exceed $67,000,000 shall be available to 
the Department of State Office of Overseas Buildings Operation for 
construction of United States Agency for International Development 
facilities in Mali, Guinea, Cambodia, and Georgia: Provided further, 
That funds appropriated under this heading shall be made available for 
administrative costs of the United States Agency for International 
Development to provide adequate security, carry out programs in 
Afghanistan, and implement regional programs in Asia and the Near East, 
including the Middle East Partnership Initiative, in addition to 
amounts otherwise available for such purposes: Provided further, That 
with respect to funds appropriated under this heading in this Act or 
prior Acts making appropriations for foreign operations, export 
financing, and related programs, the responsibility for policy 
decisions and justifications for the use of such funds, including 
whether there will be a program for a country that uses those funds and 
the amount of each such program, shall be the responsibility of the 
Secretary of State and the Deputy Secretary of State and this 
responsibility shall not be delegated.

                     international fund for ireland

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $19,600,000, which shall 
be available for the United States contribution to the International 
Fund for Ireland and shall be made available in accordance with the 
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 
99-415): Provided, That such amount shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 2005.

          assistance for eastern europe and the baltic states

    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $452,000,000, to remain available until 
September 30, 2005, which shall be available, notwithstanding any other 
provision of law, for assistance and for related programs for Eastern 
Europe and the Baltic States: Provided, That funds appropriated under 
this heading shall be considered to be economic assistance under the 
Foreign Assistance Act of 1961 for purposes of making available the 
administrative authorities contained in that Act for the use of 
economic assistance: Provided further, That funds made available for 
assistance for Kosovo from funds appropriated under this heading and 
under the headings ``Economic Support Fund'' and ``International 
Narcotics Control and Law Enforcement'' should not exceed 15 percent of 
the total resources pledged by all donors for calendar year 2004 for 
assistance for Kosovo as of March 31, 2004.
    (b) Funds appropriated under this heading or in prior 
appropriations Acts that are or have been made available for an 
Enterprise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the Fund's disbursement of such funds for program 
purposes. The Fund may retain for such program purposes any interest 
earned on such deposits without returning such interest to the Treasury 
of the United States and without further appropriation by the Congress. 
Funds made available for Enterprise Funds shall be expended at the 
minimum rate necessary to make timely payment for projects and 
activities.
    (c) With regard to funds appropriated under this heading for the 
economic revitalization program in Bosnia and Herzegovina, and local 
currencies generated by such funds (including the conversion of funds 
appropriated under this heading into currency used by Bosnia and 
Herzegovina as local currency and local currency returned or repaid 
under such program) the Administrator of the United States Agency for 
International Development shall provide written approval for grants and 
loans prior to the obligation and expenditure of funds for such 
purposes, and prior to the use of funds that have been returned or 
repaid to any lending facility or grantee.
    (d) The provisions of section 529 of this Act shall apply to funds 
made available under subsection (c) and to funds appropriated under 
this heading: Provided, That notwithstanding any provision of this or 
any other Act, including provisions in this subsection regarding the 
application of section 529 of this Act, local currencies generated by, 
or converted from, funds appropriated by this Act and by previous 
appropriations Acts and made available for the economic revitalization 
program in Bosnia may be used in Eastern Europe and the Baltic States 
to carry out the provisions of the Foreign Assistance Act of 1961 and 
the Support for East European Democracy (SEED) Act of 1989.
    (e) The President is authorized to withhold funds appropriated 
under this heading made available for economic revitalization programs 
in Bosnia and Herzegovina, if he determines and certifies to the 
Committees on Appropriations that the Federation of Bosnia and 
Herzegovina has not complied with article III of annex 1-A of the 
General Framework Agreement for Peace in Bosnia and Herzegovina 
concerning the withdrawal of foreign forces, and that intelligence 
cooperation on training, investigations, and related activities between 
state sponsors of terrorism and terrorist organizations and Bosnian 
officials has not been terminated.

    assistance for the independent states of the former soviet union

    (a) For necessary expenses to carry out the provisions of chapters 
11 and 12 of part I of the Foreign Assistance Act of 1961 and the 
FREEDOM Support Act, for assistance for the Independent States of the 
former Soviet Union and for related programs, $576,000,000, to remain 
available until September 30, 2005: Provided, That the provisions of 
such chapters shall apply to funds appropriated by this paragraph: 
Provided further, That of the funds made available for the Southern 
Caucasus region, notwithstanding any other provision of law, funds may 
be used for confidence-building measures and other activities in 
furtherance of the peaceful resolution of the regional conflicts, 
especially those in the vicinity of Abkhazia and Nagorno-Karabagh: 
Provided further, That of the funds appropriated under this heading, 
$1,500,000 should be available only to meet the health and other 
assistance needs of victims of trafficking in persons: Provided 
further, That, notwithstanding any other provision of law, funds 
appropriated under this heading in this Act or prior Acts making 
appropriations for foreign operations, export financing, and related 
programs, that are made available pursuant to the provisions of section 
807 of the FREEDOM Support Act (Public Law 102-511) shall be subject to 
a 6 percent ceiling on administrative expenses.
    (b) Of the funds appropriated under this heading, not less than 
$70,000,000 should be made available for assistance for Armenia and not 
less than $90,000,000 should be available for assistance for Russia.
    (c)(1) Of the funds appropriated under this heading that are 
allocated for assistance for the Government of the Russian Federation, 
60 percent shall be withheld from obligation until the President 
determines and certifies in writing to the Committees on Appropriations 
that the Government of the Russian Federation:
            (A) has terminated implementation of arrangements to 
        provide Iran with technical expertise, training, technology, or 
        equipment necessary to develop a nuclear reactor, related 
        nuclear research facilities or programs, or ballistic missile 
        capability; and
            (B) is providing full access to international non-
        government organizations providing humanitarian relief to 
        refugees and internally displaced persons in Chechnya.
    (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, child 
        survival activities, or assistance for victims of trafficking 
        in persons; and
            (B) activities authorized under title V (Nonproliferation 
        and Disarmament Programs and Activities) of the FREEDOM Support 
        Act.
    (d) Of the funds appropriated under this heading, not less than 
$63,000,000 should be made available, in addition to funds otherwise 
available for such purposes, for assistance for child survival, 
environmental and reproductive health, and to combat HIV/AIDS, 
tuberculosis and other infectious diseases, and for related activities.
    (e) Section 907 of the FREEDOM Support Act shall not apply to--
            (1) activities to support democracy or assistance under 
        title V of the FREEDOM Support Act and section 1424 of Public 
        Law 104-201 or non-proliferation assistance;
            (2) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2421);
            (3) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his 
        or her official capacity;
            (4) any insurance, reinsurance, guarantee or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
            (5) any financing provided under the Export-Import Bank Act 
        of 1945; or
            (6) humanitarian assistance.

                          Independent Agencies

                       inter-american foundation

    For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of 
the Foreign Assistance Act of 1969, $15,185,000, to remain available 
until September 30, 2005.

                     african development foundation

    For necessary expenses to carry out title V of the International 
Security and Development Cooperation Act of 1980, Public Law 96-533, 
$17,689,000, to remain available until September 30, 2005: Provided, 
That funds made available to grantees may be invested pending 
expenditure for project purposes when authorized by the board of 
directors of the Foundation: Provided further, That interest earned 
shall be used only for the purposes for which the grant was made: 
Provided further, That notwithstanding section 505(a)(2) of the African 
Development Foundation Act, in exceptional circumstances the board of 
directors of the Foundation may waive the $250,000 limitation contained 
in that section with respect to a project: Provided further, That the 
Foundation shall provide a report to the Committees on Appropriations 
after each time such waiver authority is exercised.

                              peace corps

    For necessary expenses to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $314,000,000, including the purchase of not 
to exceed five passenger motor vehicles for administrative purposes for 
use outside of the United States: Provided, That none of the funds 
appropriated under this heading shall be used to pay for abortions: 
Provided further, That funds appropriated under this heading shall 
remain available until September 30, 2005: Provided further, That the 
Director of the Peace Corps may make appointments or assignments, or 
extend current appointments or assignments, to permit United States 
citizens to serve for periods in excess of five years in the case of 
individuals whose appointment or assignment, such as regional safety 
security officers and employees within the Office of the Inspector 
General, involves the safety of Peace Corps volunteers: Provided 
further, That the Director of the Peace Corps may make such 
appointments or assignments notwithstanding the provisions of section 7 
of the Peace Corps Act limiting the length of an appointment or 
assignment, the circumstances under which such an appointment or 
assignment may exceed 5 years, and the percentage of appointments or 
assignments that can be made in excess of 5 years.

                      millennium challenge account

    For necessary expenses for the ``Millennium Challenge Account'', 
$800,000,000, to remain available until expended: Provided, That the 
availability of such amount is contingent upon enactment of 
authorization.

                          Department of State

          international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $241,700,000: Provided, That funds appropriated 
under this heading shall remain available until September 30, 2005: 
Provided further, That during fiscal year 2004, the Department of State 
may also use the authority of section 608 of the Foreign Assistance Act 
of 1961, without regard to its restrictions, to receive excess property 
from an agency of the United States Government for the purpose of 
providing it to a foreign country under chapter 8 of part I of that Act 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That the Secretary of State shall 
provide to the Committees on Appropriations not later than 45 days 
after the date of the enactment of this Act and prior to the initial 
obligation of funds appropriated under this heading, a report on the 
proposed uses of all funds under this heading on a country-by-country 
basis for each proposed program, project, or activity: Provided 
further, That of the funds appropriated under this heading, not more 
than $24,180,000 may be available for administrative expenses.

                     andean counterdrug initiative

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961 to support counterdrug activities in the Andean 
region of South America, $731,000,000, to remain available until 
September 30, 2005: Provided, That in fiscal year 2004, funds available 
to the Department of State for assistance to the Government of Colombia 
shall be available to support a unified campaign against narcotics 
trafficking, against activities by organizations designated as 
terrorist organizations such as the Revolutionary Armed Forces of 
Colombia (FARC), the National Liberation Army (ELN), and the United 
Self-Defense Forces of Colombia (AUC), and to take actions to protect 
human health and welfare in emergency circumstances, including 
undertaking rescue operations: Provided further, That this authority 
shall cease to be effective if the Secretary of State has credible 
evidence that the Colombian Armed Forces are not conducting vigorous 
operations to restore government authority and respect for human rights 
in areas under the effective control of paramilitary and guerrilla 
organizations: Provided further, That the President shall ensure that 
if any helicopter procured with funds under this heading is used to aid 
or abet the operations of any illegal self-defense group or illegal 
security cooperative, such helicopter shall be immediately returned to 
the United States: Provided further, That none of the funds 
appropriated by this Act may be made available to support a Peruvian 
air interdiction program until the Secretary of State and Director of 
Central Intelligence certify to the Congress, 30 days before any 
resumption of United States involvement in a Peruvian air interdiction 
program, that an air interdiction program that permits the ability of 
the Peruvian Air Force to shoot down aircraft will include enhanced 
safeguards and procedures to prevent the occurrence of any incident 
similar to the April 20, 2001 incident: Provided further, That the 
Secretary of State, in consultation with the Administrator of the 
United States Agency for International Development, shall provide to 
the Committees on Appropriations not later than 45 days after the date 
of the enactment of this Act and prior to the initial obligation of 
funds appropriated under this heading, a report on the proposed uses of 
all funds under this heading on a country-by-country basis for each 
proposed program, project, or activity: Provided further, That section 
482(b) of the Foreign Assistance Act of 1961 shall not apply to funds 
appropriated under this heading: Provided further, That assistance 
provided with funds appropriated under this heading that is made 
available notwithstanding section 482(b) of the Foreign Assistance Act 
of 1961, as amended, shall be made available subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That the provisions of section 3204(b) through (d) of Public 
Law 106-246, as amended by Public Law 107-115, shall be applicable to 
funds appropriated for fiscal year 2004: Provided further, That the 
reports required by sections 3204(e) and (f) of division B, title III, 
chapter 2 of Public Law 106-246, shall be submitted also to the 
Committees on Appropriations on the dates specified in those sections: 
Provided further, That of the funds appropriated under this heading, 
not more than $15,680,000 may be available for administrative expenses 
of the Department of State, and not more than $4,500,000 may be 
available, in addition to amounts otherwise available for such 
purposes, for administrative expenses of the United States Agency for 
International Development.

                    migration and refugee assistance

    For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses 
of personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 
5, United States Code; purchase and hire of passenger motor vehicles; 
and services as authorized by section 3109 of title 5, United States 
Code, $760,197,000, which shall remain available until expended: 
Provided, That not more than $18,500,000 may be available for 
administrative expenses: Provided further, That funds appropriated 
under this heading may be made available for a headquarters 
contribution to the International Committee of the Red Cross only if 
the Secretary of State determines (and so reports to the appropriate 
committees of Congress) that the Magen David Adom Society of Israel is 
not being denied participation in the activities of the International 
Red Cross and Red Crescent Movement: Provided further, That none of the 
funds made available pursuant to this Act after March 31, 2004, by the 
Department of State under the headings ``Migration and Refugee 
Assistance'' and ``United States Emergency Refugee and Migration 
Assistance Fund'' for the purposes of provision of assistance to 
refugees or internally displaced persons may be provided to an 
organization that has failed to adopt a code of conduct consistent with 
the Inter-Agency Standing Committee Task Force on Protection From 
Sexual Exploitation and Abuse in Humanitarian Crises six core 
principles for the protection of beneficiaries of humanitarian 
assistance.

     united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 2601(c)), $15,831,000, to remain available until expended.

    nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $335,200,000, to carry 
out the provisions of chapter 8 of part II of the Foreign Assistance 
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the 
Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, 
section 23 of the Arms Export Control Act or the Foreign Assistance Act 
of 1961 for demining activities, the clearance of unexploded ordnance, 
the destruction of small arms, and related activities, notwithstanding 
any other provision of law, including activities implemented through 
nongovernmental and international organizations, and section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA) and for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided further, That of this amount not to exceed 
$20,000,000, to remain available until expended, may be made available 
for the Nonproliferation and Disarmament Fund, notwithstanding any 
other provision of law, to promote bilateral and multilateral 
activities relating to nonproliferation and disarmament: Provided 
further, That such funds may also be used for such countries other than 
the Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so following consultation with the appropriate 
committees of Congress: Provided further, That funds appropriated under 
this heading may be made available for the International Atomic Energy 
Agency only if the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to participate in 
the activities of that Agency: Provided further, That of the funds made 
available for demining and related activities, not to exceed $690,000, 
in addition to funds otherwise available for such purposes, may be used 
for administrative expenses related to the operation and management of 
the demining program.

                       Department of the Treasury

               international affairs technical assistance

    For necessary expenses to carry out the provisions of section 129 
of the Foreign Assistance Act of 1961, $19,000,000, to remain available 
until September 30, 2006, which shall be available notwithstanding any 
other provision of law.

                           debt restructuring

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, as the President 
may determine, for which funds have been appropriated or otherwise made 
available for programs within the International Affairs Budget Function 
150, including the cost of selling, reducing, or canceling amounts owed 
to the United States as a result of concessional loans made to eligible 
countries, pursuant to parts IV and V of the Foreign Assistance Act of 
1961, and of modifying concessional credit agreements with least 
developed countries, as authorized under section 411 of the 
Agricultural Trade Development and Assistance Act of 1954, as amended, 
and concessional loans, guarantees and credit agreements, as authorized 
under section 572 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461), and of 
canceling amounts owed, as a result of loans or guarantees made 
pursuant to the Export-Import Bank Act of 1945, by countries that are 
eligible for debt reduction pursuant to title V of H.R. 3425 as enacted 
into law by section 1000(a)(5) of Public Law 106-113, $95,000,000, to 
remain available until September 30, 2005: Provided, That $20,000,000 
of the funds appropriated under this heading may be made available to 
carry out the provisions of part V of the Foreign Assistance Act of 
1961: Provided further, That $75,000,000 of the funds appropriated 
under this heading may be used by the Secretary of the Treasury to pay 
to the Heavily Indebted Poor Countries (HIPC) Trust Fund administered 
by the International Bank for Reconstruction and Development amounts 
for the benefit of countries that are eligible for debt reduction 
pursuant to title V of H.R. 3425 as enacted into law by section 
1000(a)(5) of Public Law 106-113: Provided further, That amounts paid 
to the HIPC Trust Fund may be used only to fund debt reduction under 
the enhanced HIPC initiative by--
            (1) the Inter-American Development Bank;
            (2) the African Development Fund;
            (3) the African Development Bank; and
            (4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for 
the benefit of any country if the Secretary of State has credible 
evidence that the government of such country is engaged in a consistent 
pattern of gross violations of internationally recognized human rights 
or in military or civil conflict that undermines its ability to develop 
and implement measures to alleviate poverty and to devote adequate 
human and financial resources to that end: Provided further, That on 
the basis of final appropriations, the Secretary of the Treasury shall 
consult with the Committees on Appropriations concerning which 
countries and international financial institutions are expected to 
benefit from a United States contribution to the HIPC Trust Fund during 
the fiscal year: Provided further, That the Secretary of the Treasury 
shall inform the Committees on Appropriations not less than 15 days in 
advance of the signature of an agreement by the United States to make 
payments to the HIPC Trust Fund of amounts for such countries and 
institutions: Provided further, That the Secretary of the Treasury may 
disburse funds designated for debt reduction through the HIPC Trust 
Fund only for the benefit of countries that--
            (1) have committed, for a period of 24 months, not to 
        accept new market rate loans from the international financial 
        institution receiving debt repayment as a result of such 
        disbursement, other than loans made by such institution to 
        export-oriented commercial projects that generate foreign 
        exchange which are generally referred to as ``enclave'' loans; 
        and
            (2) have documented and demonstrated their commitment to 
        redirect their budgetary resources from international debt 
        repayments to programs to alleviate poverty and promote 
        economic growth that are additional to or expand upon those 
        previously available for such purposes: Provided further, That 
        any limitation of subsection (e) of section 411 of the 
        Agricultural Trade Development and Assistance Act of 1954 shall 
        not apply to funds appropriated under this heading: Provided 
        further, That none of the funds made available under this 
        heading in this or any other appropriations Acts shall be made 
        available for Sudan or Burma unless the Secretary of Treasury 
        determines and notifies the Committees on Appropriations that a 
        democratically elected government has taken office.

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President

             international military education and training

    For necessary expenses to carry out the provisions of section 541 
of the Foreign Assistance Act of 1961, $91,700,000 (reduced by 
$600,000), of which up to $3,000,000 may remain available until 
expended: Provided, That the civilian personnel for whom military 
education and training may be provided under this heading may include 
civilians who are not members of a government whose participation would 
contribute to improved civil-military relations, civilian control of 
the military, or respect for human rights: Provided further, That funds 
appropriated under this heading for military education and training for 
Guatemala may only be available for expanded international military 
education and training and funds made available for Nigeria and 
Guatemala may only be provided through the regular notification 
procedures of the Committees on Appropriations.

                   foreign military financing program

    For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$4,314,000,000: Provided, That of the funds appropriated under this 
heading, not less than $2,160,000,000 shall be available for grants 
only for Israel, and not less than $1,300,000,000 shall be made 
available for grants only for Egypt: Provided further, That the funds 
appropriated by this paragraph for Israel shall be disbursed within 30 
days of the enactment of this Act: Provided further, That to the extent 
that the Government of Israel requests that funds be used for such 
purposes, grants made available for Israel by this paragraph shall, as 
agreed by Israel and the United States, be available for advanced 
weapons systems, of which not less than $568,000,000 shall be available 
for the procurement in Israel of defense articles and defense services, 
including research and development: Provided further, That funds 
appropriated by this paragraph shall be nonrepayable notwithstanding 
any requirement in section 23 of the Arms Export Control Act: Provided 
further, That funds made available under this paragraph shall be 
obligated upon apportionment in accordance with paragraph (5)(C) of 
title 31, United States Code, section 1501(a).
    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: 
Provided, That all country and funding level increases in allocations 
shall be submitted through the regular notification procedures of 
section 515 of this Act: Provided further, That none of the funds 
appropriated under this heading shall be available for assistance for 
Indonesia, Guatemala, Sudan, and Liberia: Provided further, That funds 
made available under this heading may be used, notwithstanding any 
other provision of law, for demining, the clearance of unexploded 
ordnance, and related activities, and may include activities 
implemented through nongovernmental and international organizations: 
Provided further, That only those countries for which assistance was 
justified for the ``Foreign Military Sales Financing Program'' in the 
fiscal year 1989 congressional presentation for security assistance 
programs may utilize funds made available under this heading for 
procurement of defense articles, defense services or design and 
construction services that are not sold by the United States Government 
under the Arms Export Control Act: Provided further, That funds 
appropriated under this heading shall be expended at the minimum rate 
necessary to make timely payment for defense articles and services: 
Provided further, That not more than $40,500,000 of the funds 
appropriated under this heading may be obligated for necessary 
expenses, including the purchase of passenger motor vehicles for 
replacement only for use outside of the United States, for the general 
costs of administering military assistance and sales: Provided further, 
That not more than $361,000,000 of funds realized pursuant to section 
21(e)(1)(A) of the Arms Export Control Act may be obligated for 
expenses incurred by the Department of Defense during fiscal year 2004 
pursuant to section 43(b) of the Arms Export Control Act, except that 
this limitation may be exceeded only through the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
foreign military financing program funds estimated to be outlayed for 
Egypt during fiscal year 2004 shall be transferred to an interest 
bearing account for Egypt in the Federal Reserve Bank of New York 
within 30 days of enactment of this Act.

                        peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 
of the Foreign Assistance Act of 1961, $85,000,000: Provided, That none 
of the funds appropriated under this heading shall be obligated or 
expended except as provided through the regular notification procedures 
of the Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                  funds appropriated to the president

                  international financial institutions

                      global environment facility

    For the United States contribution for the Global Environment 
Facility, $107,500,000, to the International Bank for Reconstruction 
and Development as trustee for the Global Environment Facility, by the 
Secretary of the Treasury, to remain available until expended.

       contribution to the international development association

    For payment to the International Development Association by the 
Secretary of the Treasury, $850,000,000, to remain available until 
expended.

      contribution to the multilateral investment guarantee agency

    For payment to the Multilateral Investment Guarantee Agency by the 
Secretary of the Treasury, $4,001,672, for the United States paid-in 
share of the increase in capital stock, to remain available until 
expended.

              limitation on callable capital subscriptions

    The United States Governor of the Multilateral Investment Guarantee 
Agency may subscribe without fiscal year limitation for the callable 
capital portion of the United States share of such capital stock in an 
amount not to exceed $16,339,982.

contribution to the enterprise for the americas multilateral investment 
                                  fund

    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United States 
contribution to the fund, $25,000,000, to remain available until 
expended.

               contribution to the asian development fund

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the Asian Development Fund, as 
authorized by the Asian Development Bank Act, as amended, $151,921,405, 
to remain available until expended.

              contribution to the african development bank

    For payment to the African Development Bank by the Secretary of the 
Treasury, $5,104,930, for the United States paid-in share of the 
increase in capital stock, to remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the African Development Bank may 
subscribe without fiscal year limitation for the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $79,609,817.

              contribution to the african development fund

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the African Development Fund, 
$107,370,856, to remain available until expended.

  contribution to the european bank for reconstruction and development

    For payment to the European Bank for Reconstruction and Development 
by the Secretary of the Treasury, $35,431,111 for the United States 
share of the paid-in portion of the increase in capital stock, to 
remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the European Bank for Reconstruction 
and Development may subscribe without fiscal year limitation to the 
callable capital portion of the United States share of such capital 
stock in an amount not to exceed $122,085,497.

  contribution to the international fund for agricultural development

    For the United States contribution by the Secretary of the Treasury 
to increase the resources of the International Fund for Agricultural 
Development, $15,004,042, to remain available until expended.

                international organizations and programs

    For necessary expenses to carry out the provisions of section 301 
of the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $194,550,000: 
Provided, That none of the funds appropriated under this heading may be 
made available to the Korean Peninsula Energy Development Organization 
(KEDO) or the International Atomic Energy Agency (IAEA).

                      TITLE V--GENERAL PROVISIONS

  compensation for united states executive directors to international 
                         financial institutions

    Sec. 501. (a) No funds appropriated by this Act may be made as 
payment to any international financial institution while the United 
States Executive Director to such institution is compensated by the 
institution at a rate which, together with whatever compensation such 
Director receives from the United States, is in excess of the rate 
provided for an individual occupying a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States Code, 
or while any alternate United States Director to such institution is 
compensated by the institution at a rate in excess of the rate provided 
for an individual occupying a position at level V of the Executive 
Schedule under section 5316 of title 5, United States Code.
    (b) For purposes of this section, ``international financial 
institutions'' are: the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
Bank, the Asian Development Fund, the African Development Bank, the 
African Development Fund, the International Monetary Fund, the North 
American Development Bank, and the European Bank for Reconstruction and 
Development.

                  private and voluntary organizations

    Sec. 502. None of the funds appropriated or otherwise made 
available by this Act for development assistance may be made available 
to any United States private and voluntary organization, except any 
cooperative development organization, which obtains less than 20 
percent of its total annual funding for international activities from 
sources other than the United States Government: Provided, That the 
Administrator of the United States Agency for International 
Development, after informing the Committees on Appropriations, may, on 
a case-by-case basis, waive the restriction contained in this 
subsection, after taking into account the effectiveness of the overseas 
development activities of the organization, its level of volunteer 
support, its financial viability and stability, and the degree of its 
dependence for its financial support on the agency.

                    limitation on residence expenses

    Sec. 503. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $100,500 shall be for official residence 
expenses of the United States Agency for International Development 
during the current fiscal year: Provided, That appropriate steps shall 
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.

                         limitation on expenses

    Sec. 504. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $5,000 shall be for entertainment expenses of 
the United States Agency for International Development during the 
current fiscal year.

               limitation on representational allowances

    Sec. 505. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $125,000 shall be available for representation 
allowances for the United States Agency for International Development 
during the current fiscal year: Provided, That appropriate steps shall 
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars: Provided 
further, That of the funds made available by this Act for general costs 
of administering military assistance and sales under the heading 
``Foreign Military Financing Program'', not to exceed $2,000 shall be 
available for entertainment expenses and not to exceed $125,000 shall 
be available for representation allowances: Provided further, That of 
the funds made available by this Act under the heading ``International 
Military Education and Training'', not to exceed $50,000 shall be 
available for entertainment allowances: Provided further, That of the 
funds made available by this Act for the Inter-American Foundation, not 
to exceed $2,000 shall be available for entertainment and 
representation allowances: Provided further, That of the funds made 
available by this Act for the Peace Corps, not to exceed a total of 
$4,000 shall be available for entertainment expenses: Provided further, 
That of the funds made available by this Act under the heading ``Trade 
and Development Agency'', not to exceed $2,000 shall be available for 
representation and entertainment allowances.

          prohibition on taxation of united states assistance

    Sec. 506. (a) Prohibition on Taxation.--None of the funds 
appropriated by this Act may be made available to provide assistance 
for a foreign country under a new bilateral agreement governing the 
terms and conditions under which such assistance is to be provided 
unless such agreement includes a provision stating that assistance 
provided by the United States shall be exempt from taxation, or 
reimbursed, by the foreign government, and the Secretary of State shall 
expeditiously seek to negotiate amendments to existing bilateral 
agreements, as necessary, to conform with this requirement.
    (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200 
percent of the total taxes assessed during fiscal year 2004 by a 
foreign government or entity against commodities financed under United 
States assistance programs for which funds are appropriated by this 
Act, either directly or through grantees, contractors and 
subcontractors shall be withheld from obligation from funds 
appropriated for assistance for fiscal year 2005 and allocated for the 
central government of such country and for the West Bank and Gaza 
Program to the extent that the Secretary of State certifies and reports 
in writing to the Committees on Appropriations that such taxes have not 
been reimbursed to the Government of the United States.
    (c) De Minimis Exception.--Foreign taxes of a de minimis nature 
shall not be subject to the provisions of subsection (b).
    (d) Refund to the Treasury and Reprogramming of Funds.--Of the 
funds withheld from obligation for each country or entity pursuant to 
subsection (b), one-half may become available for reprogramming for 
other purposes (pursuant to section 515 of this Act and consistent with 
the purposes for which such funds were originally appropriated) and 
one-half shall be deposited in the General Fund of the Treasury on, or 
within 5 days after, September 1, 2005, pursuant to the certification 
required under subsection (b).
    (e) Implementation.--The Secretary of State shall issue rules, 
regulations, or policy guidance, as appropriate, to implement the 
prohibition against the taxation of assistance contained in this 
section.
    (f) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to value 
        added taxes and customs duties imposed on commodities financed 
        with United States assistance for programs for which funds are 
        appropriated by this Act; and
            (2) the term ``bilateral agreement'' refers to a framework 
        bilateral agreement between the Government of the United States 
        and the government of the country receiving assistance that 
        describes the privileges and immunities applicable to United 
        States foreign assistance for such country generally, or an 
        individual agreement between the Government of the United 
        States and such government that describes, among other things, 
        the treatment for tax purposes that will be accorded the United 
        States assistance provided under that agreement.

        prohibition against direct funding for certain countries

    Sec. 507. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance or reparations to Cuba, Libya, North 
Korea, Iran, or Syria: Provided, That for purposes of this section, the 
prohibition on obligations or expenditures shall include direct loans, 
credits, insurance and guarantees of the Export-Import Bank or its 
agents.

                             military coups

    Sec. 508. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance to the government of any country whose 
duly elected head of government is deposed by decree or military coup: 
Provided, That assistance may be resumed to such government if the 
President determines and certifies to the Committees on Appropriations 
that subsequent to the termination of assistance a democratically 
elected government has taken office: Provided further, That the 
provisions of this section shall not apply to assistance to promote 
democratic elections or public participation in democratic processes: 
Provided further, That funds made available pursuant to the previous 
provisos shall be subject to the regular notification procedures of the 
Committees on Appropriations.

                               transfers

    Sec. 509. (a)(1) Limitation on Transfers Between Agencies.--None of 
the funds made available by this Act may be transferred to any 
department, agency, or instrumentality of the United States Government, 
except pursuant to a transfer made by, or transfer authority provided 
in, this Act or any other appropriation Act.
    (2) Notwithstanding paragraph (1), in addition to transfers made 
by, or authorized elsewhere in, this Act, funds appropriated by this 
Act to carry out the purposes of the Foreign Assistance Act of 1961 may 
be allocated or transferred to agencies of the United States Government 
pursuant to the provisions of sections 109, 610, and 632 of the Foreign 
Assistance Act of 1961.
    (b) None of the funds made available by this Act may be obligated 
under an appropriation account to which they were not appropriated, 
except for transfers specifically provided for in this Act, unless the 
President, not less than five days prior to the exercise of any 
authority contained in the Foreign Assistance Act of 1961 to transfer 
funds, consults with and provides a written policy justification to the 
Committees on Appropriations of the House of Representatives and the 
Senate.
    (c) Any agreement for the transfer or allocation of funds 
appropriated by this Act, or prior Acts, entered into between the 
United States Agency for International Development and another agency 
of the United States Government under the authority of section 632(a) 
of the Foreign Assistance Act of 1961 or any comparable provision of 
law, shall expressly provide that the Office of the Inspector General 
for the agency receiving the transfer or allocation of such funds shall 
perform periodic program and financial audits of the use of such funds: 
Provided, That funds transferred under such authority may be made 
available for the cost of such audits.

                 commercial leasing of defense articles

    Sec. 510. Notwithstanding any other provision of law, and subject 
to the regular notification procedures of the Committees on 
Appropriations, the authority of section 23(a) of the Arms Export 
Control Act may be used to provide financing to Israel, Egypt and NATO 
and major non-NATO allies for the procurement by leasing (including 
leasing with an option to purchase) of defense articles from United 
States commercial suppliers, not including Major Defense Equipment 
(other than helicopters and other types of aircraft having possible 
civilian application), if the President determines that there are 
compelling foreign policy or national security reasons for those 
defense articles being provided by commercial lease rather than by 
government-to-government sale under such Act.

                         availability of funds

    Sec. 511. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: Provided, That 
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of 
part I, section 667, chapter 4 of part II of the Foreign Assistance Act 
of 1961, as amended, section 23 of the Arms Export Control Act, and 
funds provided under the heading ``Assistance for Eastern Europe and 
the Baltic States'', shall remain available for an additional four 
years from the date on which the availability of such funds would 
otherwise have expired, if such funds are initially obligated before 
the expiration of their respective periods of availability contained in 
this Act: Provided further, That, notwithstanding any other provision 
of this Act, any funds made available for the purposes of chapter 1 of 
part I and chapter 4 of part II of the Foreign Assistance Act of 1961 
which are allocated or obligated for cash disbursements in order to 
address balance of payments or economic policy reform objectives, shall 
remain available until expended.

            limitation on assistance to countries in default

    Sec. 512. No part of any appropriation contained in this Act shall 
be used to furnish assistance to the government of any country which is 
in default during a period in excess of one calendar year in payment to 
the United States of principal or interest on any loan made to the 
government of such country by the United States pursuant to a program 
for which funds are appropriated under this Act unless the President 
determines, following consultations with the Committees on 
Appropriations, that assistance to such country is in the national 
interest of the United States.

                           commerce and trade

    Sec. 513. (a) None of the funds appropriated or made available 
pursuant to this Act for direct assistance and none of the funds 
otherwise made available pursuant to this Act to the Export-Import Bank 
and the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any commodity 
for export by any country other than the United States, if the 
commodity is likely to be in surplus on world markets at the time the 
resulting productive capacity is expected to become operative and if 
the assistance will cause substantial injury to United States producers 
of the same, similar, or competing commodity: Provided, That such 
prohibition shall not apply to the Export-Import Bank if in the 
judgment of its Board of Directors the benefits to industry and 
employment in the United States are likely to outweigh the injury to 
United States producers of the same, similar, or competing commodity, 
and the Chairman of the Board so notifies the Committees on 
Appropriations.
    (b) None of the funds appropriated by this or any other Act to 
carry out chapter 1 of part I of the Foreign Assistance Act of 1961 
shall be available for any testing or breeding feasibility study, 
variety improvement or introduction, consultancy, publication, 
conference, or training in connection with the growth or production in 
a foreign country of an agricultural commodity for export which would 
compete with a similar commodity grown or produced in the United 
States: Provided, That this subsection shall not prohibit--
            (1) activities designed to increase food security in 
        developing countries where such activities will not have a 
        significant impact on the export of agricultural commodities of 
        the United States; or
            (2) research activities intended primarily to benefit 
        American producers.

                          surplus commodities

    Sec. 514. The Secretary of the Treasury shall instruct the United 
States Executive Directors of the International Bank for Reconstruction 
and Development, the International Development Association, the 
International Finance Corporation, the Inter-American Development Bank, 
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the North American Development Bank, 
the European Bank for Reconstruction and Development, the African 
Development Bank, and the African Development Fund to use the voice and 
vote of the United States to oppose any assistance by these 
institutions, using funds appropriated or made available pursuant to 
this Act, for the production or extraction of any commodity or mineral 
for export, if it is in surplus on world markets and if the assistance 
will cause substantial injury to United States producers of the same, 
similar, or competing commodity.

                       notification requirements

    Sec. 515. For the purposes of providing the executive branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for ``Child Survival and Health Programs 
Fund'', ``Development Assistance'', ``International Organizations and 
Programs'', ``Trade and Development Agency'', ``International Narcotics 
Control and Law Enforcement'', ``Andean Counterdrug Initiative'', 
``Assistance for Eastern Europe and the Baltic States'', ``Assistance 
for the Independent States of the Former Soviet Union'', ``Economic 
Support Fund'', ``Peacekeeping Operations'', ``Capital Investment 
Fund'', ``Operating Expenses of the United States Agency for 
International Development'', ``Operating Expenses of the United States 
Agency for International Development Office of Inspector General'', 
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', 
``Millennium Challenge Account'' (by country only), ``Foreign Military 
Financing Program'', ``International Military Education and Training'', 
``Peace Corps'', and ``Migration and Refugee Assistance'', shall be 
available for obligation for activities, programs, projects, type of 
materiel assistance, countries, or other operations not justified or in 
excess of the amount justified to the Committees on Appropriations for 
obligation under any of these specific headings unless the Committees 
on Appropriations of both Houses of Congress are previously notified 15 
days in advance: Provided, That the President shall not enter into any 
commitment of funds appropriated for the purposes of section 23 of the 
Arms Export Control Act for the provision of major defense equipment, 
other than conventional ammunition, or other major defense items 
defined to be aircraft, ships, missiles, or combat vehicles, not 
previously justified to Congress or 20 percent in excess of the 
quantities justified to Congress unless the Committees on 
Appropriations are notified 15 days in advance of such commitment: 
Provided further, That this section shall not apply to any 
reprogramming for an activity, program, or project for which funds are 
appropriated under title II of this Act of less than 10 percent of the 
amount previously justified to the Congress for obligation for such 
activity, program, or project for the current fiscal year: Provided 
further, That the requirements of this section or any similar provision 
of this Act or any other Act, including any prior Act requiring 
notification in accordance with the regular notification procedures of 
the Committees on Appropriations, may be waived if failure to do so 
would pose a substantial risk to human health or welfare: Provided 
further, That in case of any such waiver, notification to the Congress, 
or the appropriate congressional committees, shall be provided as early 
as practicable, but in no event later than 3 days after taking the 
action to which such notification requirement was applicable, in the 
context of the circumstances necessitating such waiver: Provided 
further, That any notification provided pursuant to such a waiver shall 
contain an explanation of the emergency circumstances.

limitation on availability of funds for international organizations and 
                                programs

    Sec. 516. Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under this Act or any 
previously enacted Act making appropriations for foreign operations, 
export financing, and related programs, which are returned or not made 
available for organizations and programs because of the implementation 
of section 307(a) of the Foreign Assistance Act of 1961, shall remain 
available for obligation until September 30, 2005.

             independent states of the former soviet union

    Sec. 517. (a) None of the funds appropriated under the heading 
``Assistance for the Independent States of the Former Soviet Union'' 
shall be made available for assistance for a government of an 
Independent State of the former Soviet Union--
            (1) unless that government is making progress in 
        implementing comprehensive economic reforms based on market 
        principles, private ownership, respect for commercial 
        contracts, and equitable treatment of foreign private 
        investment; and
            (2) if that government applies or transfers United States 
        assistance to any entity for the purpose of expropriating or 
        seizing ownership or control of assets, investments, or 
        ventures.
Assistance may be furnished without regard to this subsection if the 
President determines that to do so is in the national interest.
    (b) None of the funds appropriated under the heading ``Assistance 
for the Independent States of the Former Soviet Union'' shall be made 
available for assistance for a government of an Independent State of 
the former Soviet Union if that government directs any action in 
violation of the territorial integrity or national sovereignty of any 
other Independent State of the former Soviet Union, such as those 
violations included in the Helsinki Final Act: Provided, That such 
funds may be made available without regard to the restriction in this 
subsection if the President determines that to do so is in the national 
security interest of the United States.
    (c) None of the funds appropriated under the heading ``Assistance 
for the Independent States of the Former Soviet Union'' shall be made 
available for any state to enhance its military capability: Provided, 
That this restriction does not apply to demilitarization, demining or 
nonproliferation programs.
    (d) Funds appropriated under the heading ``Assistance for the 
Independent States of the Former Soviet Union'' for the Russian 
Federation, Armenia, Georgia, and Ukraine shall be subject to the 
regular notification procedures of the Committees on Appropriations.
    (e) Funds made available in this Act for assistance for the 
Independent States of the former Soviet Union shall be subject to the 
provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961.
    (f) Funds made available for Enterprise Funds shall be expended at 
the minimum rate necessary to make timely payment for projects and 
activities.
    (g) In issuing new task orders, entering into contracts, or making 
grants, with funds appropriated in this Act or prior appropriations 
Acts under the heading ``Assistance for the Independent States of the 
Former Soviet Union'' and under comparable headings in prior 
appropriations Acts, for projects or activities that have as one of 
their primary purposes the fostering of private sector development, the 
Coordinator for United States Assistance to the New Independent States 
and the implementing agency shall encourage the participation of and 
give significant weight to contractors and grantees who propose 
investing a significant amount of their own resources (including 
volunteer services and in-kind contributions) in such projects and 
activities.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 518. None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide 
any financial incentive to any person to undergo sterilizations. None 
of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be used to pay for any 
biomedical research which relates in whole or in part, to methods of, 
or the performance of, abortions or involuntary sterilization as a 
means of family planning. None of the funds made available to carry out 
part I of the Foreign Assistance Act of 1961, as amended, may be 
obligated or expended for any country or organization if the President 
certifies that the use of these funds by any such country or 
organization would violate any of the above provisions related to 
abortions and involuntary sterilizations.

                 export financing transfer authorities

    Sec. 519. Not to exceed 5 percent of any appropriation other than 
for administrative expenses made available for fiscal year 2004, for 
programs under title I of this Act may be transferred between such 
appropriations for use for any of the purposes, programs, and 
activities for which the funds in such receiving account may be used, 
but no such appropriation, except as otherwise specifically provided, 
shall be increased by more than 25 percent by any such transfer: 
Provided, That the exercise of such authority shall be subject to the 
regular notification procedures of the Committees on Appropriations.

                   special notification requirements

    Sec. 520. None of the funds appropriated by this Act shall be 
obligated or expended for Liberia, Sudan, Zimbabwe, the Democratic 
Republic of the Congo, or Cambodia except as provided through the 
regular notification procedures of the Committees on Appropriations.

              definition of program, project, and activity

    Sec. 521. For the purpose of this Act, ``program, project, and 
activity'' shall be defined at the appropriations Act account level and 
shall include all appropriations and authorizations Acts earmarks, 
ceilings, and limitations with the exception that for the following 
accounts: Economic Support Fund and Foreign Military Financing Program, 
``program, project, and activity'' shall also be considered to include 
country, regional, and central program level funding within each such 
account; for the development assistance accounts of the United States 
Agency for International Development ``program, project, and activity'' 
shall also be considered to include central, country, regional, and 
program level funding, either as: (1) justified to the Congress; or (2) 
allocated by the executive branch in accordance with a report, to be 
provided to the Committees on Appropriations within 30 days of the 
enactment of this Act, as required by section 653(a) of the Foreign 
Assistance Act of 1961.

                  child survival and health activities

    Sec. 522. Up to $13,500,000 of the funds made available by this Act 
for assistance under the heading ``Child Survival and Health Programs 
Fund'', may be used to reimburse United States Government agencies, 
agencies of State governments, institutions of higher learning, and 
private and voluntary organizations for the full cost of individuals 
(including for the personal services of such individuals) detailed or 
assigned to, or contracted by, as the case may be, the United States 
Agency for International Development for the purpose of carrying out 
activities under that heading: Provided, That up to $3,500,000 of the 
funds made available by this Act for assistance under the heading 
``Development Assistance'' may be used to reimburse such agencies, 
institutions, and organizations for such costs of such individuals 
carrying out other development assistance activities: Provided further, 
That funds appropriated by this Act that are made available for child 
survival activities or disease programs including activities relating 
to research on, and the prevention, treatment and control of, HIV/AIDS 
may be made available notwithstanding any other provision of law except 
for the provisions under the heading ``Child Survival and Health 
Programs Fund'', section 515 of this Act, and sections 104(c), 104A, 
104B, and 104C of the Foreign Assistance Act of 1961: Provided further, 
That funds appropriated under titles II and III of this Act may be made 
available pursuant to section 301 of the Foreign Assistance Act of 1961 
if a primary purpose of the assistance is for child survival and 
related programs.

                              afghanistan

    Sec. 523. Of the funds appropriated by titles II and III of this 
Act, not less than $600,000,000 shall be made available for 
humanitarian, reconstruction, and related assistance for Afghanistan: 
Provided, That of the funds made available pursuant to this section, 
not less than $150,000,000 should be from funds appropriated under the 
heading ``Economic Support Fund''.

                notification on excess defense equipment

    Sec. 524. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 
1961, the Department of Defense shall notify the Committees on 
Appropriations to the same extent and under the same conditions as are 
other committees pursuant to subsection (f) of that section: Provided, 
That before issuing a letter of offer to sell excess defense articles 
under the Arms Export Control Act, the Department of Defense shall 
notify the Committees on Appropriations in accordance with the regular 
notification procedures of such Committees if such defense articles are 
significant military equipment (as defined in section 47(9) of the Arms 
Export Control Act) or are valued (in terms of original acquisition 
cost) at $7,000,000 or more, or if notification is required elsewhere 
in this Act for the use of appropriated funds for specific countries 
that would receive such excess defense articles: Provided further, That 
such Committees shall also be informed of the original acquisition cost 
of such defense articles.

                         usaid overseas program

    Sec. 525. Funds appropriated by this and subsequent appropriations 
Acts to carry out the provisions of Part I of the Foreign Assistance 
Act of 1961, including funds appropriated under the heading 
``Assistance for Eastern Europe and the Baltic States'', may be made 
available to employ individuals overseas on a limited appointment basis 
pursuant to the authority of sections 308 and 309 of the Foreign 
Service Act of 1980: Provided, That in fiscal year 2004 the authority 
of this section may be used to employ not more than 85 individuals.

                                 tibet

    Sec. 526. Notwithstanding any other provision of law not to exceed 
$3,000,000 of the funds appropriated by this Act to carry out the 
provisions of chapter 4 of part II of the Foreign Assistance Act of 
1961 may be made available to United States nongovernmental 
organizations located outside the People's Republic of China to support 
activities which preserve cultural traditions and promote sustainable 
development and environmental conservation in Tibetan communities in 
Tibet: Provided, That funds made available for programs, projects, and 
activities for the Peoples's Republic of China shall be subject to the 
regular notification procedures of the Committees on Appropriations.

       prohibition on bilateral assistance to terrorist countries

    Sec. 527. (a) Funds appropriated for bilateral assistance under any 
heading of this Act and funds appropriated under any such heading in a 
provision of law enacted prior to the enactment of this Act, shall not 
be made available to any country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism; or
            (2) otherwise supports international terrorism.
    (b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall publish 
each waiver in the Federal Register and, at least 15 days before the 
waiver takes effect, shall notify the Committees on Appropriations of 
the waiver (including the justification for the waiver) in accordance 
with the regular notification procedures of the Committees on 
Appropriations.

                          debt-for-development

    Sec. 528. In order to enhance the continued participation of 
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or 
contractor of the United States Agency for International Development 
may place in interest bearing accounts local currencies which accrue to 
that organization as a result of economic assistance provided under 
title II of this Act and any interest earned on such investment shall 
be used for the purpose for which the assistance was provided to that 
organization.

                           separate accounts

    Sec. 529. (a) Separate Accounts for Local Currencies.--(1) If 
assistance is furnished to the government of a foreign country under 
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign 
Assistance Act of 1961 under agreements which result in the generation 
of local currencies of that country, the Administrator of the United 
States Agency for International Development shall--
            (A) require that local currencies be deposited in a 
        separate account established by that government;
            (B) enter into an agreement with that government which sets 
        forth--
                    (i) the amount of the local currencies to be 
                generated; and
                    (ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent 
                with this section; and
            (C) establish by agreement with that government the 
        responsibilities of the United States Agency for International 
        Development and that government to monitor and account for 
        deposits into and disbursements from the separate account.
    (2) Uses of Local Currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local 
currencies, shall be used only--
            (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                    (i) project and sector assistance activities; or
                    (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United 
        States Government.
    (3) Programming Accountability.--The United States Agency for 
International Development shall take all necessary steps to ensure that 
the equivalent of the local currencies disbursed pursuant to subsection 
(a)(2)(A) from the separate account established pursuant to subsection 
(a)(1) are used for the purposes agreed upon pursuant to subsection 
(a)(2).
    (4) Termination of Assistance Programs.--Upon termination of 
assistance to a country under chapter 1 or 10 of part I or chapter 4 of 
part II (as the case may be), any unencumbered balances of funds which 
remain in a separate account established pursuant to subsection (a) 
shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government.
    (5) Reporting Requirement.--The Administrator of the United States 
Agency for International Development shall report on an annual basis as 
part of the justification documents submitted to the Committees on 
Appropriations on the use of local currencies for the administrative 
requirements of the United States Government as authorized in 
subsection (a)(2)(B), and such report shall include the amount of local 
currency (and United States dollar equivalent) used and/or to be used 
for such purpose in each applicable country.
    (b) Separate Accounts for Cash Transfers.--(1) If assistance is 
made available to the government of a foreign country, under chapter 1 
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act 
of 1961, as cash transfer assistance or as nonproject sector 
assistance, that country shall be required to maintain such funds in a 
separate account and not commingle them with any other funds.
    (2) Applicability of Other Provisions of Law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the 
Committee of Conference accompanying House Joint Resolution 648 (House 
Report No. 98-1159).
    (3) Notification.--At least 15 days prior to obligating any such 
cash transfer or nonproject sector assistance, the President shall 
submit a notification through the regular notification procedures of 
the Committees on Appropriations, which shall include a detailed 
description of how the funds proposed to be made available will be 
used, with a discussion of the United States interests that will be 
served by the assistance (including, as appropriate, a description of 
the economic policy reforms that will be promoted by such assistance).
    (4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the 
notification procedures of the Committees on Appropriations.

                      enterprise fund restrictions

    Sec. 530. Prior to the distribution of any assets resulting from 
any liquidation, dissolution, or winding up of an Enterprise Fund, in 
whole or in part, the President shall submit to the Committees on 
Appropriations, in accordance with the regular notification procedures 
of the Committees on Appropriations, a plan for the distribution of the 
assets of the Enterprise Fund.

                                 burma

    Sec. 531. Of the funds appropriated under the heading ``Economic 
Support Fund'', not less than $6,000,000 should be made available to 
support democracy activities along the Burma-Thailand border, for 
activities of Burmese student groups and other organizations located 
outside Burma, and for the purpose of supporting the provision of 
humanitarian assistance to displaced Burmese along Burma's borders: 
Provided, That of this amount $500,000 should be made available to 
support newspapers, publications, and other media activities promoting 
democracy inside Burma: Provided further, That funds made available 
under this heading may be made available notwithstanding any other 
provision of law: Provided further, That funds made available by this 
section shall be subject to the regular notification procedures of the 
Committees on Appropriations.

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

    Sec. 532. Unless expressly provided to the contrary, provisions of 
this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for foreign operations, export 
financing, and related programs, shall not be construed to prohibit 
activities authorized by or conducted under the Peace Corps Act, the 
Inter-American Foundation Act or the African Development Foundation 
Act. The agency shall promptly report to the Committees on 
Appropriations whenever it is conducting activities or is proposing to 
conduct activities in a country for which assistance is prohibited.

                  impact on jobs in the united states

    Sec. 533. None of the funds appropriated by this Act may be 
obligated or expended to provide--
            (1) any financial incentive to a business enterprise 
        currently located in the United States for the purpose of 
        inducing such an enterprise to relocate outside the United 
        States if such incentive or inducement is likely to reduce the 
        number of employees of such business enterprise in the United 
        States because United States production is being replaced by 
        such enterprise outside the United States; or
            (2) assistance for any program, project, or activity that 
        contributes to the violation of internationally recognized 
        workers rights, as defined in section 507(4) of the Trade Act 
        of 1974, of workers in the recipient country, including any 
        designated zone or area in that country: Provided, That the 
        application of section 507(4)(D) and (E) of such Act should be 
        commensurate with the level of development of the recipient 
        country and sector, and shall not preclude assistance for the 
        informal sector in such country, micro and small-scale 
        enterprise, and smallholder agriculture.

                          special authorities

    Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro, Victims 
of War, Displaced Children, and Displaced Burmese.--Funds appropriated 
by this Act that are made available for assistance for Afghanistan may 
be made available notwithstanding section 512 of this Act and any 
similar provision of law and section 660 of the Foreign Assistance Act 
of 1961, and funds appropriated in titles I and II of this Act that are 
made available for Lebanon, Montenegro, Pakistan, and for victims of 
war, displaced children, and displaced Burmese, and to assist victims 
of trafficking in persons and, subject to the regular notification 
procedures of the Committees on Appropriations, to combat such 
trafficking, may be made available notwithstanding any other provision 
of law.
    (b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections 
103 through 106, and chapter 4 of part II, of the Foreign Assistance 
Act of 1961 may be used, notwithstanding any other provision of law, 
for the purpose of supporting tropical forestry and biodiversity 
conservation activities and energy programs aimed at reducing 
greenhouse gas emissions: Provided, That such assistance shall be 
subject to sections 116, 502B, and 620A of the Foreign Assistance Act 
of 1961.
    (c) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by the United 
States Agency for International Development to employ up to 20 personal 
services contractors in the United States, notwithstanding any other 
provision of law, for the purpose of providing direct, interim support 
for new or expanded overseas programs and activities managed by the 
agency until permanent direct hire personnel are hired and trained: 
Provided, That not more than 7 of such contractors shall be assigned to 
any bureau or office: Provided further, That such funds appropriated to 
carry out the Foreign Assistance Act of 1961 may be made available for 
personal services contractors assigned only to the Office of 
Procurement; the Bureau for Africa; and the Bureau for Asia and the 
Near East: Provided further, That such funds appropriated to carry out 
title II of the Agricultural Trade Development and Assistance Act of 
1954, may be made available only for personal services contractors 
assigned to the Office of Food for Peace.
    (d)(1) Waiver.--The President may waive the provisions of section 
1003 of Public Law 100-204 if the President determines and certifies in 
writing to the Speaker of the House of Representatives and the 
President pro tempore of the Senate that it is important to the 
national security interests of the United States.
    (2) Period of Application of Waiver.--Any waiver pursuant to 
paragraph (1) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (e) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development may provide an exception to 
the fair opportunity process for placing task orders under such 
contracts when the order is placed with any category of small or small 
disadvantaged business.
    (f) Shipment of Humanitarian Assistance.--During fiscal year 2004 
and each fiscal year thereafter, of the amounts made available by the 
United States Agency for International Development to carry out the 
provisions of section 123(b) of the Foreign Assistance Act of 1961, 
funds may be made available to nongovernmental organizations for 
administrative costs necessary to implement a program to obtain 
available donated space on commercial ships for the shipment of 
humanitarian assistance overseas.
    (g) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (h) National Endowment for Democracy.--Funds appropriated by this 
Act that are provided to the National Endowment for Democracy may be 
provided notwithstanding any other provision of law or regulation.

                     arab league boycott of israel

    Sec. 535. It is the sense of the Congress that--
            (1) the Arab League boycott of Israel, and the secondary 
        boycott of American firms that have commercial ties with 
        Israel, is an impediment to peace in the region and to United 
        States investment and trade in the Middle East and North 
        Africa;
            (2) the Arab League boycott, which was regrettably 
        reinstated in 1997, should be immediately and publicly 
        terminated, and the Central Office for the Boycott of Israel 
        immediately disbanded;
            (3) the three Arab League countries with diplomatic and 
        trade relations with Israel should return their ambassadors to 
        Israel, should refrain from downgrading their relations with 
        Israel, and should play a constructive role in securing a 
        peaceful resolution of the Israeli-Arab conflict;
            (4) the remaining Arab League states should normalize 
        relations with their neighbor Israel;
            (5) the President and the Secretary of State should 
        continue to vigorously oppose the Arab League boycott of Israel 
        and find concrete steps to demonstrate that opposition by, for 
        example, taking into consideration the participation of any 
        recipient country in the boycott when determining to sell 
        weapons to said country; and
            (6) the President should report to Congress annually on 
        specific steps being taken by the United States to encourage 
        Arab League states to normalize their relations with Israel to 
        bring about the termination of the Arab League boycott of 
        Israel, including those to encourage allies and trading 
        partners of the United States to enact laws prohibiting 
        businesses from complying with the boycott and penalizing 
        businesses that do comply.

                  administration of justice activities

    Sec. 536. Of the funds appropriated or otherwise made available by 
this Act or any subsequent Act for ``Economic Support Fund'', 
assistance may be provided to strengthen the administration of justice 
in countries in Latin America and the Caribbean and in other regions 
consistent with the provisions of section 534(b) of the Foreign 
Assistance Act of 1961, except that programs to enhance protection of 
participants in judicial cases may be conducted notwithstanding section 
660 of that Act. Funds made available pursuant to this section may be 
made available notwithstanding section 534(c) and the second and third 
sentences of section 534(e) of the Foreign Assistance Act of 1961.

                       eligibility for assistance

    Sec. 537. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, and from funds appropriated under the heading ``Assistance 
for Eastern Europe and the Baltic States'': Provided, That before using 
the authority of this subsection to furnish assistance in support of 
programs of nongovernmental organizations, the President shall notify 
the Committees on Appropriations under the regular notification 
procedures of those committees, including a description of the program 
to be assisted, the assistance to be provided, and the reasons for 
furnishing such assistance: Provided further, That nothing in this 
subsection shall be construed to alter any existing statutory 
prohibitions against abortion or involuntary sterilizations contained 
in this or any other Act.
    (b) Public Law 480.--During fiscal year 2004, restrictions 
contained in this or any other Act with respect to assistance for a 
country shall not be construed to restrict assistance under the 
Agricultural Trade Development and Assistance Act of 1954: Provided, 
That none of the funds appropriated to carry out title I of such Act 
and made available pursuant to this subsection may be obligated or 
expended except as provided through the regular notification procedures 
of the Committees on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that support international terrorism; 
        or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to the government of a country that violates 
        internationally recognized human rights.

                         reservations of funds

    Sec. 538. (a) Funds appropriated by this Act which are earmarked 
may be reprogrammed for other programs within the same account 
notwithstanding the earmark if compliance with the earmark is made 
impossible by operation of any provision of this or any other Act: 
Provided, That any such reprogramming shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That assistance that is reprogrammed pursuant to this 
subsection shall be made available under the same terms and conditions 
as originally provided.
    (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by the United States Agency for International Development 
that are earmarked for particular programs or activities by this or any 
other Act shall be extended for an additional fiscal year if the 
Administrator of such agency determines and reports promptly to the 
Committees on Appropriations that the termination of assistance to a 
country or a significant change in circumstances makes it unlikely that 
such earmarked funds can be obligated during the original period of 
availability: Provided, That such earmarked funds that are continued 
available for an additional fiscal year shall be obligated only for the 
purpose of such earmark.

                         ceilings and earmarks

    Sec. 539. Ceilings and earmarks contained in this Act shall not be 
applicable to funds or authorities appropriated or otherwise made 
available by any subsequent Act unless such Act specifically so 
directs. Earmarks or minimum funding requirements contained in any 
other Act shall not be applicable to funds appropriated by this Act.

                 prohibition on publicity or propaganda

    Sec. 540. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before the date of the enactment of this Act by the 
Congress: Provided, That not to exceed $750,000 may be made available 
to carry out the provisions of section 316 of Public Law 96-533.

           prohibition of payments to united nations members

    Sec. 541. None of the funds appropriated or made available pursuant 
to this Act for carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrearages, or dues of 
any member of the United Nations or, from funds appropriated by this 
Act to carry out chapter 1 of part I of the Foreign Assistance Act of 
1961, the costs for participation of another country's delegation at 
international conferences held under the auspices of multilateral or 
international organizations.

              nongovernmental organizations--documentation

    Sec. 542. None of the funds appropriated or made available pursuant 
to this Act shall be available to a nongovernmental organization which 
fails to provide upon timely request any document, file, or record 
necessary to the auditing requirements of the United States Agency for 
International Development.

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

    Sec. 543. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 6(j) of the Export Administration Act. The 
prohibition under this section with respect to a foreign government 
shall terminate 12 months after that government ceases to provide such 
military equipment. This section applies with respect to lethal 
military equipment provided under a contract entered into after October 
1, 1997.
    (b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    (c) Whenever the waiver authority of subsection (b) is exercised, 
the President shall submit to the appropriate congressional committees 
a report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance to be 
provided, including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States national 
interests.

 withholding of assistance for parking fines owed by foreign countries

    Sec. 544. (a) In General.--Of the funds appropriated under this Act 
that are made available for a foreign country under part I of the 
Foreign Assistance Act of 1961, an amount equivalent to 110 percent of 
the total unpaid fines determined to be owed under the parking programs 
in the District of Columbia and New York City, New York by such country 
as of September 30, 2003 that were incurred after the first day of the 
fiscal year preceding the current fiscal year shall be withheld from 
obligation for such country until the Secretary of State certifies and 
reports in writing to the appropriate congressional committees that 
such fines and penalties are fully paid to the governments of the 
District of Columbia and New York City, New York.
    (b) Definition.--For purposes of this section, the term 
``appropriate congressional committees'' means the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and the 
Committee on International Relations and the Committee on 
Appropriations of the House of Representatives.

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

    Sec. 545. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation Organization for 
the West Bank and Gaza unless the President has exercised the authority 
under section 604(a) of the Middle East Peace Facilitation Act of 1995 
(title VI of Public Law 104-107) or any other legislation to suspend or 
make inapplicable section 307 of the Foreign Assistance Act of 1961 and 
that suspension is still in effect: Provided, That if the President 
fails to make the certification under section 604(b)(2) of the Middle 
East Peace Facilitation Act of 1995 or to suspend the prohibition under 
other legislation, funds appropriated by this Act may not be obligated 
for assistance for the Palestine Liberation Organization for the West 
Bank and Gaza.

                     war crimes tribunals drawdown

    Sec. 546. If the President determines that doing so will contribute 
to a just resolution of charges regarding genocide or other violations 
of international humanitarian law, the President may direct a drawdown 
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as 
amended, of up to $30,000,000 of commodities and services for the 
United Nations War Crimes Tribunal established with regard to the 
former Yugoslavia by the United Nations Security Council or such other 
tribunals or commissions as the Council may establish or authorize to 
deal with such violations, without regard to the ceiling limitation 
contained in paragraph (2) thereof: Provided, That the determination 
required under this section shall be in lieu of any determinations 
otherwise required under section 552(c): Provided further, That the 
drawdown made under this section for any tribunal shall not be 
construed as an endorsement or precedent for the establishment of any 
standing or permanent international criminal tribunal or court: 
Provided further, That funds made available for tribunals other than 
Yugoslavia or Rwanda shall be made available subject to the regular 
notification procedures of the Committees on Appropriations.

                               landmines

    Sec. 547. Notwithstanding any other provision of law, demining 
equipment available to the United States Agency for International 
Development and the Department of State and used in support of the 
clearance of landmines and unexploded ordnance for humanitarian 
purposes may be disposed of on a grant basis in foreign countries, 
subject to such terms and conditions as the President may prescribe.

           restrictions concerning the palestinian authority

    Sec. 548. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new office 
of any department or agency of the United States Government for the 
purpose of conducting official United States Government business with 
the Palestinian Authority over Gaza and Jericho or any successor 
Palestinian governing entity provided for in the Israel-PLO Declaration 
of Principles: Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate General in 
Jerusalem: Provided further, That meetings between officers and 
employees of the United States and officials of the Palestinian 
Authority, or any successor Palestinian governing entity provided for 
in the Israel-PLO Declaration of Principles, for the purpose of 
conducting official United States Government business with such 
authority should continue to take place in locations other than 
Jerusalem. As has been true in the past, officers and employees of the 
United States Government may continue to meet in Jerusalem on other 
subjects with Palestinians (including those who now occupy positions in 
the Palestinian Authority), have social contacts, and have incidental 
discussions.

               prohibition of payment of certain expenses

    Sec. 549. None of the funds appropriated or otherwise made 
available by this Act under the heading ``International Military 
Education and Training'' or ``Foreign Military Financing Program'' for 
Informational Program activities or under the headings ``Child Survival 
and Health Programs Fund'', ``Development Assistance'', and ``Economic 
Support Fund'' may be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are 
        substantially of a recreational character, including but not 
        limited to entrance fees at sporting events, theatrical and 
        musical productions, and amusement parks.

   restrictions on voluntary contributions to united nations agencies

    Sec. 550. None of the funds appropriated by this Act may be made 
available to pay any voluntary contribution of the United States to the 
United Nations (including the United Nations Development Program) if 
the United Nations implements or imposes any taxation on any United 
States persons.

                                 haiti

    Sec. 551. The Government of Haiti shall be eligible to purchase 
defense articles and services under the Arms Export Control Act (22 
U.S.C. 2751 et seq.), for the Coast Guard.

         limitation on assistance to the palestinian authority

    Sec. 552. (a) Prohibition of Funds.--None of the funds appropriated 
by this Act to carry out the provisions of chapter 4 of part II of the 
Foreign Assistance Act of 1961 may be obligated or expended with 
respect to providing funds to the Palestinian Authority.
    (b) Waiver.--The prohibition included in subsection (a) shall not 
apply if the President certifies in writing to the Speaker of the House 
of Representatives and the President pro tempore of the Senate that 
waiving such prohibition is important to the national security 
interests of the United States.
    (c) Period of Application of Waiver.--Any waiver pursuant to 
subsection (b) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.

              limitation on assistance to security forces

    Sec. 553. None of the funds made available by this Act may be 
provided to any unit of the security forces of a foreign country if the 
Secretary of State has credible evidence that such unit has committed 
gross violations of human rights, unless the Secretary determines and 
reports to the Committees on Appropriations that the government of such 
country is taking effective measures to bring the responsible members 
of the security forces unit to justice: Provided, That nothing in this 
section shall be construed to withhold funds made available by this Act 
from any unit of the security forces of a foreign country not credibly 
alleged to be involved in gross violations of human rights: Provided 
further, That in the event that funds are withheld from any unit 
pursuant to this section, the Secretary of State shall promptly inform 
the foreign government of the basis for such action and shall, to the 
maximum extent practicable, assist the foreign government in taking 
effective measures to bring the responsible members of the security 
forces to justice.

                    foreign military training report

    Sec. 554. The annual foreign military training report required by 
section 656 of the Foreign Assistance Act of 1961 shall be submitted by 
the Secretary of Defense and the Secretary of State to the Committees 
on Appropriations of the House of Representatives and the Senate by the 
date specified in that section.

            korean peninsula energy development organization

    Sec. 555. None of the funds appropriated by this Act may be made 
available for assistance to the Korean Peninsula Energy Organization 
(KEDO).

                         palestinian statehood

    Sec. 556. (a) Limitation on Assistance.--None of the funds 
appropriated by this Act may be provided to support a Palestinian state 
unless the Secretary of State determines and certifies to the 
appropriate congressional committees that--
            (1) a new leadership of a Palestinian governing entity has 
        been democratically elected through credible and competitive 
        elections;
            (2) the elected governing entity of a new Palestinian 
        state--
                    (A) has demonstrated a firm commitment to peaceful 
                co-existence with the State of Israel;
                    (B) is taking appropriate measures to counter 
                terrorism and terrorist financing in the West Bank and 
                Gaza, including the dismantling of terrorist 
                infrastructures;
                    (C) is establishing a new Palestinian security 
                entity that is fully cooperative with appropriate 
                Israeli and other appropriate security organizations; 
                and
            (3) the Palestinian Authority (or the governing body of a 
        new Palestinian state) is working with other countries in the 
        region to vigorously pursue efforts to establish a just, 
        lasting, and comprehensive peace in the Middle East that will 
        enable Israel and an independent Palestinian state to exist 
        within the context of full and normal relationships, which 
        should include--
                    (A) termination of all claims or states of 
                belligerency;
                    (B) respect for and acknowledgement of the 
                sovereignty, territorial integrity, and political 
                independence of every state in the area through 
                measures including the establishment of demilitarized 
                zones;
                    (C) their right to live in peace within secure and 
                recognized boundaries free from threats or acts of 
                force;
                    (D) freedom of navigation through international 
                waterways in the area; and
                    (E) a framework for achieving a just settlement of 
                the refugee problem.
    (b) Sense of Congress.--It is the sense of Congress that the newly 
elected governing entity should enact a constitution assuring the rule 
of law, an independent judiciary, and respect for human rights for its 
citizens, and should enact other laws and regulations assuring 
transparent and accountable governance.
    (c) Waiver.--The President may waive subsection (a) if he 
determines that it is vital to the national security interests of the 
United States to do so.
    (d) Exemption.--The restriction in subsection (a) shall not apply 
to assistance intended to help reform the Palestinian Authority and 
affiliated institutions, or a newly elected governing entity, in order 
to help meet the requirements of subsection (a), consistent with the 
provisions of section 552 of this Act (``Limitation on Assistance to 
the Palestinian Authority'').

                                colombia

    Sec. 557. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated by this 
Act that are available for assistance for the Colombian Armed Forces, 
may be made available as follows:
            (1) Up to 75 percent of such funds may be obligated prior 
        to a determination and certification by the Secretary of State 
        pursuant to paragraph (2).
            (2) The balance of such funds may be obligated only after 
        the Secretary of State certifies and reports to the appropriate 
        congressional committees that:
                    (A) The Commander General of the Colombian Armed 
                Forces is suspending from the Armed Forces those 
                members, of whatever rank, who have been credibly 
                alleged to have committed gross violations of human 
                rights, including extra-judicial killings, or to have 
                aided or abetted paramilitary organizations.
                    (B) The Colombian Government is prosecuting those 
                members of the Colombian Armed Forces, of whatever 
                rank, who have been credibly alleged to have committed 
                gross violations of human rights, including extra-
                judicial killings, or to have aided or abetted 
                paramilitary organizations, and is punishing those 
                members of the Colombian Armed Forces found to have 
                committed such violations of human rights or to have 
                aided or abetted paramilitary organizations.
                    (C) The Colombian Armed Forces are cooperating with 
                civilian prosecutors and judicial authorities in such 
                cases (including providing requested information, such 
                as the identity of persons suspended from the Armed 
                Forces and the nature and cause of the suspension, and 
                access to witnesses, relevant military documents, and 
                other requested information).
                    (D) The Colombian Armed Forces are severing links 
                (including denying access to military intelligence, 
                vehicles, and other equipment or supplies, and ceasing 
                other forms of active or tacit cooperation) at the 
                command, battalion, and brigade levels, with 
                paramilitary organizations.
                    (E) The Colombian Armed Forces are executing orders 
                for capture of leaders of paramilitary organizations 
                that continue armed conflict.
    (b) Consultative Process.--At least 10 days prior to making the 
certification required by subsection (a), the Secretary of State shall 
consult with internationally recognized human rights organizations 
regarding progress in meeting the conditions contained in that 
subsection.
    (c) Definitions.--In this section:
            (1) Aided or abetted.--The term ``aided or abetted'' means 
        to provide any support to paramilitary groups, including taking 
        actions which allow, facilitate, or otherwise foster the 
        activities of such groups.
            (2) Paramilitary groups.--The term ``paramilitary groups'' 
        means illegal self-defense groups and illegal security 
        cooperatives.

                          illegal armed groups

    Sec. 558. (a) Denial of Visas to Supporters of Colombian Illegal 
Armed Groups.--Subject to subsection (b), the Secretary of State shall 
not issue a visa to any alien who the Secretary determines, based on 
credible evidence--
            (1) has willfully provided any support to the Revolutionary 
        Armed Forces of Colombia (FARC), the National Liberation Army 
        (ELN), or the United Self-Defense Forces of Colombia (AUC), 
        including taking actions or failing to take actions which 
        allow, facilitate, or otherwise foster the activities of such 
        groups; or
            (2) has committed, ordered, incited, assisted, or otherwise 
        participated in the commission of gross violations of human 
        rights, including extra-judicial killings, in Colombia.
    (b) Waiver.--Subsection (a) shall not apply if the Secretary of 
State determines and certifies to the appropriate congressional 
committees, on a case-by-case basis, that the issuance of a visa to the 
alien is necessary to support the peace process in Colombia or for 
urgent humanitarian reasons.

 prohibition on assistance to the palestinian broadcasting corporation

    Sec. 559. None of the funds appropriated or otherwise made 
available by this Act may be used to provide equipment, technical 
support, consulting services, or any other form of assistance to the 
Palestinian Broadcasting Corporation.

                       west bank and gaza program

    Sec. 560. (a) Oversight.--For fiscal year 2004, 30 days prior to 
the initial obligation of funds for the bilateral West Bank and Gaza 
Program, the Secretary of State shall certify to the appropriate 
committees of Congress that procedures have been established to assure 
the Comptroller General of the United States will have access to 
appropriate United States financial information in order to review the 
uses of United States assistance for the Program funded under the 
heading ``Economic Support Fund'' for the West Bank and Gaza.
    (b) Vetting.--Prior to the obligation of funds appropriated by this 
Act under the heading ``Economic Support Fund'' for assistance for the 
West Bank and Gaza, the Secretary of State shall take all appropriate 
steps to ensure that such assistance is not provided to or through any 
individual or entity that the Secretary knows or has reason to believe 
advocates, plans, sponsors, engages in, or has engaged in, terrorist 
activity. The Secretary of State shall, as appropriate, establish 
procedures specifying the steps to be taken in carrying out this 
subsection.
    (c) Audits.--(1) The Administrator of the United States Agency for 
International Development shall ensure that Federal or non-Federal 
audits of all contractors and grantees, and significant subcontractors 
and subgrantees, under the West Bank and Gaza Program, are conducted at 
least on an annual basis to ensure, among other things, compliance with 
this section.
    (2) Of the funds appropriated by this Act under the heading 
``Economic Support Fund'' that are made available for assistance for 
the West Bank and Gaza, up to $1,000,000 may be used by the Office of 
the Inspector General of the United States Agency for International 
Development for audits, inspections, and other activities in 
furtherance of the requirements of this subsection. Such funds are in 
addition to funds otherwise available for such purposes.

            contributions to united nations population fund

    Sec. 561. (a) Limitations on Amount of Contribution.--Of the 
amounts made available under ``International Organizations and 
Programs'', $25,000,000 for fiscal year 2004 shall be available for the 
United Nations Population Fund (hereafter in this section referred to 
as the ``UNFPA'') subject to subsection (c).
    (b) Prohibition on Use of Funds in China.--None of the funds made 
available under ``International Organizations and Programs'' may be 
made available for the UNFPA for a country program in the People's 
Republic of China.
    (c) Conditions on Availability of Funds.--Amounts made available 
under ``International Organizations and Programs'' for fiscal year 2004 
for the UNFPA may not be made available to the UNFPA unless--
            (1) the UNFPA maintains amounts made available to the UNFPA 
        under this section in an account separate from other accounts 
        of the UNFPA;
            (2) the UNFPA does not commingle amounts made available to 
        the UNFPA under this section with other sums;
            (3) the UNFPA does not fund abortions; and
            (4) the UNFPA does not provide any funding for the State 
        Planned-Birth Commission (Jihua Shengyu Weiyuanhui) or its 
        regional affiliates in the People's Republic of China.
    (d) Report to the Congress and Withholding of Funds.--
            (1) Not later than February 15, 2004, the Secretary of 
        State shall submit a report to the appropriate congressional 
        committees indicating the amount of funds that the UNFPA is 
        budgeting for the year in which the report is submitted for a 
        country program in the People's Republic of China.
            (2) If a report under paragraph (1) indicates that the 
        UNFPA plans to spend funds for a country program in the 
        People's Republic of China in the year covered by the report, 
        then the amount of such funds that the UNFPA plans to spend in 
        the People's Republic of China shall be deducted from the funds 
        made available to the UNFPA after March 1 for obligation for 
        the remainder of the fiscal year in which the report is 
        submitted.

              procurement and financial management reform

    Sec. 562. (a) Funding Conditions.--Of the funds made available 
under the heading ``International Financial Institutions'' in this Act, 
10 percent of the United States portion or payment to such 
International Financial Institution shall be withheld by the Secretary 
of the Treasury, until the Secretary certifies to the Committees on 
Appropriations that, to the extent pertinent to its lending programs, 
the institution is--
            (1) implementing procedures for conducting annual audits by 
        qualified independent auditors for all new investment lending;
            (2) implementing procedures for annual independent external 
        audits of central bank financial statements for countries 
        making use of International Monetary Fund resources under new 
        arrangements or agreements with the Fund;
            (3) taking steps to establish an independent fraud and 
        corruption investigative organization or office;
            (4) implementing a process to assess a recipient country's 
        procurement and financial management capabilities including an 
        analysis of the risks of corruption prior to initiating new 
        investment lending; and
            (5) taking steps to fund and implement programs and 
        policies to improve transparency and anti-corruption programs 
        and procurement and financial management controls in recipient 
        countries.
    (b) Definitions.--The term ``International Financial Institutions'' 
means the International Bank for Reconstruction and Development, the 
International Development Association, the International Finance 
Corporation, the Inter-American Development Bank, the Inter-American 
Investment Corporation, the Enterprise for the Americas Multilateral 
Investment Fund, the Asian Development Bank, the Asian Development 
Fund, the African Development Bank, the African Development Fund, the 
European Bank for Reconstruction and Development, and the International 
Monetary Fund.

                             war criminals

    Sec. 563. (a)(1) None of the funds appropriated or otherwise made 
available pursuant to this Act may be made available for assistance, 
and the Secretary of the Treasury shall instruct the United States 
executive directors to the international financial institutions to vote 
against any new project involving the extension by such institutions of 
any financial or technical assistance, to any country, entity, or 
municipality whose competent authorities have failed, as determined by 
the Secretary of State, to take necessary and significant steps to 
implement its international legal obligations to apprehend and transfer 
to the International Criminal Tribunal for the former Yugoslavia (the 
``Tribunal'') all persons in their territory who have been indicted by 
the Tribunal and to otherwise cooperate with the Tribunal.
    (2) The provisions of this subsection shall not apply to 
humanitarian assistance or assistance for democratization.
    (b) The provisions of subsection (a) shall apply unless the 
Secretary of State determines and reports to the appropriate 
congressional committees that the competent authorities of such 
country, entity, or municipality are--
            (1) cooperating with the Tribunal, including access for 
        investigators to archives and witnesses, the provision of 
        documents, and the surrender and transfer of indictees or 
        assistance in their apprehension; and
            (2) are acting consistently with the Dayton Accords.
    (c) Not less than 10 days before any vote in an international 
financial institution regarding the extension of any new project 
involving financial or technical assistance or grants to any country or 
entity described in subsection (a), the Secretary of the Treasury, in 
consultation with the Secretary of State, shall provide to the 
Committees on Appropriations a written justification for the proposed 
assistance, including an explanation of the United States position 
regarding any such vote, as well as a description of the location of 
the proposed assistance by municipality, its purpose, and its intended 
beneficiaries.
    (d) In carrying out this section, the Secretary of State, the 
Administrator of the United States Agency for International 
Development, and the Secretary of the Treasury shall consult with 
representatives of human rights organizations and all government 
agencies with relevant information to help prevent indicted war 
criminals from benefiting from any financial or technical assistance or 
grants provided to any country or entity described in subsection (a).
    (e) The Secretary of State may waive the application of subsection 
(a) with respect to projects within a country, entity, or municipality 
upon a written determination to the Committees on Appropriations that 
such assistance directly supports the implementation of the Dayton 
Accords.
    (f) Definitions.--As used in this section--
            (1) Country.--The term ``country'' means Bosnia and 
        Herzegovina, Croatia and Serbia.
            (2) Entity.--The term ``entity'' refers to the Federation 
        of Bosnia and Herzegovina, Kosovo, Montenegro and the Republika 
        Srpska.
            (3) Municipality.--The term ``municipality'' means a city, 
        town or other subdivision within a country or entity as defined 
        herein.
            (4) Dayton accords.--The term ``Dayton Accords'' means the 
        General Framework Agreement for Peace in Bosnia and 
        Herzegovina, together with annexes relating thereto, done at 
        Dayton, November 10 through 16, 1995.

                               user fees

    Sec. 564. The Secretary of the Treasury shall instruct the United 
States Executive Director at each international financial institution 
(as defined in section 1701(c)(2) of the International Financial 
Institutions Act) and the International Monetary Fund to oppose any 
loan, grant, strategy or policy of these institutions that would 
require user fees or service charges on poor people for primary 
education or primary healthcare, including prevention and treatment 
efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and 
maternal well-being, in connection with the institutions' financing 
programs.

                           funding for serbia

    Sec. 565. (a) Funds appropriated by this Act may be made available 
for assistance for Serbia after March 1, 2004, if the President has 
made the determination and certification contained in subsection (c).
    (b) After March 1, 2004, the Secretary of the Treasury should 
instruct the United States executive directors to the international 
financial institutions to support loans and assistance to the 
Government of the Federal Republic of Yugoslavia (or a government of a 
successor state) subject to the conditions in subsection (c): Provided, 
That section 576 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997, as amended, shall not apply 
to the provision of loans and assistance to the Federal Republic of 
Yugoslavia (or a successor state) through international financial 
institutions.
    (c) The determination and certification referred to in subsection 
(a) is a determination by the President and a certification to the 
Committees on Appropriations that the Government of the Federal 
Republic of Yugoslavia (or a government of a successor state) is--
            (1) cooperating with the International Criminal Tribunal 
        for the former Yugoslavia including access for investigators, 
        the provision of documents, and the surrender and transfer of 
        indictees or assistance in their apprehension;
            (2) taking steps that are consistent with the Dayton 
        Accords to end Serbian financial, political, security and other 
        support which has served to maintain separate Republika Srpska 
        institutions; and
            (3) taking steps to implement policies which reflect a 
        respect for minority rights and the rule of law, including the 
        release of political prisoners from Serbian jails and prisons.
    (d) This section shall not apply to Montenegro, Kosovo, 
humanitarian assistance or assistance to promote democracy in 
municipalities.

                   community-based police assistance

    Sec. 566. (a) Authority.--Funds made available by this Act to carry 
out the provisions of chapter 1 of part I and chapter 4 of part II of 
the Foreign Assistance Act of 1961, may be used, notwithstanding 
section 660 of that Act, to enhance the effectiveness and 
accountability of civilian police authority in Jamaica and El Salvador 
through training and technical assistance in human rights, the rule of 
law, strategic planning, and through assistance to foster civilian 
police roles that support democratic governance including assistance 
for programs to prevent conflict and foster improved police relations 
with the communities they serve.
    (b) Notification.--Assistance provided under subsection (a) shall 
be subject to the regular notification procedures of the Committees on 
Appropriations.

                        trade capacity building

    Sec. 567. Of the funds appropriated by this Act, under the headings 
``Trade and Development Agency'', ``Development Assistance'', 
``Transition Initiatives'', ``Economic Support Fund'', ``International 
Affairs Technical Assistance'', and ``International Organizations and 
Programs'', not less than $517,000,000 should be made available for 
trade capacity building assistance.

                  special debt relief for the poorest

    Sec. 568. (a) Authority to Reduce Debt.-The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961; or
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act.
    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief 
        and referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is provided 
        in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy debt 
        burdens that are eligible to borrow from the International 
        Development Association, but not from the International Bank 
        for Reconstruction and Development, commonly referred to as 
        ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international narcotics 
        control matters;
            (4) (including its military or other security forces) does 
        not engage in a consistent pattern of gross violations of 
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act 
under the heading ``Debt Restructuring''.
    (e) Certain Prohibitions Inapplicable.--The authority provided by 
subsection (a) may be exercised notwithstanding section 620(r) of the 
Foreign Assistance Act of 1961 or section 321 of the International 
Development and Food Assistance Act of 1975.

             authority to engage in debt buybacks or sales

    Sec. 569. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
            (1) Authority to Sell, Reduce, or Cancel Certain Loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as defined in section 702(6) 
        of that Act or on receipt of payment from an eligible 
        purchaser, reduce or cancel such loan or portion thereof, only 
        for the purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its 
                own qualified debt, only if the eligible country uses 
                an additional amount of the local currency of the 
                eligible country, equal to not less than 40 percent of 
                the price paid for such debt by such eligible country, 
                or the difference between the price paid for such debt 
                and the face value of such debt, to support activities 
                that link conservation and sustainable use of natural 
                resources with local community development, and child 
                survival and other child development, in a manner 
                consistent with sections 707 through 710 of the Foreign 
                Assistance Act of 1961, if the sale, reduction, or 
                cancellation would not contravene any term or condition 
                of any prior agreement relating to such loan.
            (2) Terms and Conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance with this 
        section, establish the terms and conditions under which loans 
        may be sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 
        702(8) of the Foreign Assistance Act of 1961, shall notify the 
        administrator of the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers that the President has determined to be eligible, 
        and shall direct such agency to carry out the sale, reduction, 
        or cancellation of a loan pursuant to this section. Such agency 
        shall make an adjustment in its accounts to reflect the sale, 
        reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall 
        be available only to the extent that appropriations for the 
        cost of the modification, as defined in section 502 of the 
        Congressional Budget Act of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President should consult 
with the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act 
under the heading ``Debt Restructuring''.

                                Cambodia

    Sec. 570. The Secretary of the Treasury should instruct the United 
States executive directors of the international financial institutions 
to use the voice and vote of the United States to oppose loans to the 
Central Government of Cambodia, except loans to support basic human 
needs.

                                  Cuba

    Sec. 571. None of the funds appropriated by this Act under the 
heading ``International Narcotics Control and Law Enforcement'' may be 
made available for assistance to the Government of Cuba.

                       Competition in Contracting

    Sec. 572. None of the funds appropriated in this Act to support the 
programs of the United States Agency for International Development in 
Iraq and none of the funds appropriated in Public Law 108-11 under the 
heading ``Iraq Relief and Reconstruction Fund'' may be made available 
to enter into any contract or follow-on contract that uses other than 
full and open competitive contracting procedures as defined in 41 
U.S.C. 403(6).

                        Disaster Surge Capacity

    Sec. 573. Funds appropriated by this Act to carry out part I of the 
Foreign Assistance Act of 1961 may be used, in addition to funds 
otherwise available for such purposes, for the cost (including the 
support costs) of individuals detailed to or employed by the United 
States Agency for International Development whose primary 
responsibility is to carry out programs to address natural or manmade 
disasters or programs under the heading ``Transition Initiatives''.

                             Authorization

    Sec. 574. The Secretary of the Treasury may, to fulfill commitments 
of the United States, contribute on behalf of the United States to the 
sixth replenishment of the resources of the International Fund for 
Agricultural Development. The following amount is authorized to be 
appropriated without fiscal year limitation for payment by the 
Secretary of the Treasury: $45,000,000 for the International Fund for 
Agricultural Development.

             Philippine Education and Health Infrastructure

    Sec. 575. Of the funds appropriated under ``Economic Support Fund'' 
for the Philippines in Public Law 108-11, the Emergency Wartime 
Supplemental Appropriations Act, 2003, $600,000 shall be available only 
for upgrading education and health infrastructure in the Sulu 
Archipelago.

                            Basic Education

    Sec. 576. Of the funds appropriated by title II of this Act, not 
less than $350,000,000 shall be made available for basic education: 
Provided, That of the funds made available pursuant to this section, 
not less than $91,500,000 should be from funds appropriated under the 
heading ``Economic Support Fund'': Provided further, That the Secretary 
of State, in consultation with the Administrator of the United States 
Agency for International Development (USAID), shall submit a report not 
later than 120 days after enactment of this Act articulating a strategy 
for the use of basic education funds in Africa, East Asia and the 
Pacific, the Near East, South Asia, and the Western Hemisphere 
(excluding the United States) to include--
            (1) country strategies and brief project descriptions of 
        the uses and proposed uses of all United States Government 
        resources for basic education overseas;
            (2) a detailed description of the administrative structure 
        currently in place to manage strategic coordination undertaken 
        among the State Department, USAID and other agencies involved 
        in international basic education activities; and
            (3) a description of actions being taken to expand the 
        administrative capacity of both USAID and the State Department 
        to deliver effective expanded basic education programs.

 participation in the thirteenth replenishment of the resources of the 
                 international development association

    Sec. 577. The International Development Association Act (22 U.S.C. 
284-284s) is amended by adding at the end the following:

``SEC. 22. THIRTEENTH REPLENISHMENT.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the 
        Association may contribute on behalf of the United States an 
        amount equal to the amount appropriated under subsection (b), 
        pursuant to the resolution of the Association entitled 
        `Additions to IDA Resources: Thirteenth Replenishment'.
            ``(2) Subject to appropriations.--Any commitment to make 
        the contribution authorized by paragraph (1) shall be effective 
        only to such extent or in such amounts as are provided in 
        advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--For the 
contribution authorized by subsection (a), there are authorized to be 
appropriated such sums as may be necessary for payment by the Secretary 
of the Treasury, without fiscal year limitation.''.

     administrative provisions related to multilateral development 
                              institutions

    Sec. 578. Title XV of the International Financial Institutions Act 
(22 U.S.C. 262o--262o-2) is amended by adding at the end the following:

``SEC. 1504. ADMINISTRATIVE PROVISIONS.

    ``(a) Achievement of Certain Policy Goals.--The Secretary of 
Treasury should instruct the United States Executive Director at each 
multilateral development institution to inform the institution of the 
following United States policy goals, and to work toward achieving the 
goals at the institution before June 30, 2005:
            ``(1) No later than 60 calendar days after the Board of 
        Directors of the institution approves the minutes of a Board 
        meeting, the institution shall post on its website an 
        electronic version of the minutes, with material deemed too 
        sensitive for public distribution redacted.
            ``(2) The institution shall keep a written transcript or 
        electronic recording of each meeting of its Board of Directors 
        and preserve the transcript or recording for at least 10 years 
        after the meeting.
            ``(3) All public sector loan documents, country assistance 
        strategies, sector strategies, and sector policies prepared by 
        the institution and presented for endorsement or approval by 
        its Board of Directors, with materials deemed too sensitive for 
        public distribution redacted or withheld, shall be made 
        available to the public 15 calendar days before consideration 
        by the Board or, if not then available, when the documents are 
        distributed to the Board.
            ``(4) The institution shall post on its website an annual 
        report containing statistical summaries and case studies of the 
        fraud and corruption cases pursued by its investigations unit.
            ``(5) The institution shall require that any health, 
        education, or poverty-focused loan, credit, grant, document, 
        policy, or strategy prepared by the institution includes 
        specific outcome and output indicators to measure results, and 
        that the indicators and results be published periodically 
        during the execution, and at the completion, of the project or 
        program.
    ``(b) Publication of Written Statements Regarding Inspection 
Mechanism Cases.--No later than 60 calendar days after a meeting of the 
Board of Directors of a multilateral development institution, the 
Secretary of the Treasury should provide for publication on the website 
of the Department of the Treasury of any written statement presented at 
the meeting by the United States Executive Director at the institution 
concerning--
            ``(1) a project on which a claim has been made to the 
        inspection mechanism of the institution; or
            ``(2) a pending inspection mechanism case.
    ``(c) Congressional Briefings.--At the request of the Committee on 
Financial Services of the House of Representatives or the Committee on 
Foreign Relations of the Senate, the Secretary of the Treasury or the 
designee of the Secretary should brief the requesting committee on the 
steps that have been taken by the United States Executive Director at 
any multilateral development institution, and by any such institution, 
to implement the measures described in this section.
    ``(d) Publication of `No' Votes and Abstentions by the United 
States.--Each month, the Secretary of the Treasury should provide for 
posting on the website of the Department of the Treasury of a record of 
all `no' votes and abstentions made by the United States Executive 
Director at any multilateral development institution on any matter 
before the Board of Directors of the institution.
    ``(e) Multilateral Development Institution Defined.--In this 
section, the term `multilateral development institution' shall have the 
meaning given in section 1701(c)(3).''.

  participation in the seventh replenishment of the resources of the 
                         asian development fund

    Sec. 579. The Asian Development Bank Act (22 U.S.C. 285-285aa) is 
amended by adding at the end the following:

``SEC. 31. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the Bank 
        may contribute on behalf of the United States an amount equal 
        to the amount appropriated under subsection (b), pursuant to 
        the resolution of the Bank entitled `Seventh Replenishment of 
        the Asian Development Fund'.
            ``(2) Subject to appropriations.--Any commitment to make 
        the contribution authorized by paragraph (1) shall be effective 
        only to such extent or in such amounts as are provided in 
        advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--For the 
contribution authorized by subsection (a), there are authorized to be 
appropriated such sums as may be necessary for payment by the Secretary 
of the Treasury, without fiscal year limitation.''.

   participation in the ninth replenishment of the resources of the 
                        african development fund

    Sec. 580. The African Development Fund Act (22 U.S.C. 290g--290g-
15) is amended by adding at the end the following:

``SEC. 217. NINTH REPLENISHMENT.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the Fund 
        may contribute on behalf of the United States an amount equal 
        to the amount appropriated under subsection (b), pursuant to 
        the resolution of the Fund entitled `The Ninth General 
        Replenishment of Resources of the African Development Fund'.
            ``(2) Subject to appropriations.--Any commitment to make 
        the contribution authorized by paragraph (1) shall be effective 
        only to such extent or in such amounts as are provided in 
        advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--For the 
contribution authorized by subsection (a), there are authorized to be 
appropriated such sums as may be necessary for payment by the Secretary 
of the Treasury, without fiscal year limitation.''.

efforts by north korea relating to the proliferation of nuclear weapons

    Sec. 581. It is the sense of Congress that the President should 
utilize all diplomatic options to ensure that the Government of the 
Democratic People's Republic of Korea does not engage in efforts 
relating to the proliferation of nuclear weapons.
    Sec. 582. None of the funds made available in this Act may be used 
by the State Department to support an application under section 501 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) for 
an order requiring the production of library circulation records, 
library patron lists, library Internet records, bookseller sales 
records, or bookseller customer lists.
    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2004''.

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

            Attest:

                                                                 Clerk.
108th CONGRESS

  1st Session

                               H. R. 2800

_______________________________________________________________________

                                 AN ACT

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