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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 democratiza-
tion. 
(b) The provisions of subsection (a) shall apply unless 
the Secretary of State determines and reports to the ap-
propriate congressional committees that the competent au-
thorities of such country, entity, or municipality are—
(1) cooperating with the Tribunal, including ac-
cess for investigators to archives and witnesses, the 
provision of documents, and the surrender and 
transfer of indictees or assistance in their apprehen-
sion; and 
(2) are acting consistently with the Dayton Ac-
cords. 
(c) Not less than 10 days before any vote in an inter-
national 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
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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 rel-
evant 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 di-
rectly 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.
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(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 Ac-
cords’’ 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 in-
struct the United States Executive Director at each inter-
national
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 pri-
mary education or primary healthcare, including preven-
tion and treatment efforts for HIV/AIDS, malaria, tuber-
culosis, and infant, child, and maternal well-being, in con-
nection 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).
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(b) After March 1, 2004, the Secretary of the Treas-
ury 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) sub-
ject to the conditions in subsection (c): Provided, That sec-
tion 576 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1997, as 
amended, shall not apply to the provision of loans and as-
sistance to the Federal Republic of Yugoslavia (or a suc-
cessor 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
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maintain separate Republika Srpska institutions; 
and 
(3) taking steps to implement policies which re-
flect 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 account-
ability of civilian police authority in Jamaica and El Sal-
vador through training and technical assistance in human 
rights, the rule of law, strategic planning, and through as-
sistance to foster civilian police roles that support demo-
cratic governance including assistance for programs to 
prevent conflict and foster improved police relations with 
the communities they serve. 
(b) NOTIFICATION.—Assistance provided under sub-
section (a) shall be subject to the regular notification pro-
cedures of the Committees on Appropriations.
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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 Tech-
nical 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 offi-
cial debt relief and referendum agreements, com-
monly 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.
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(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 sub-
section (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 pro-
vided by subsection (a) may be used only with regard to
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funds appropriated by this Act under the heading ‘‘Debt 
Restructuring’’. 
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—The 
authority provided by subsection (a) may be exercised not-
withstanding 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, REDUC-
TION, OR CANCELLATION.—
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL 
CERTAIN LOANS.—Notwithstanding any other provi-
sion 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 Assist-
ance 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, re-
duce or cancel such loan or portion thereof, only for 
the purpose of facilitating—
(A) debt-for-equity swaps, debt-for-develop-
ment 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
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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 develop-
ment, and child survival and other child devel-
opment, 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.—Notwith-
standing 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, reduc-
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tion, or cancellation of a loan pursuant to this sec-
tion. Such agency shall make an adjustment in its 
accounts to reflect the sale, reduction, or cancella-
tion. 
(4) LIMITATION.—The authorities of this sub-
section shall be available only to the extent that ap-
propriations for the cost of the modification, as de-
fined 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 estab-
lished 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
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canceled and their uses for debt-for-equity swaps, debt-
for-development swaps, or debt-for-nature swaps. 
(e) AVAILABILITY OF FUNDS.—The authority pro-
vided 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 in-
struct the United States executive directors of the inter-
national financial institutions to use the voice and vote 
of the United States to oppose loans to the Central Gov-
ernment 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
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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 pur-
poses, for the cost (including the support costs) of individ-
uals detailed to or employed by the United States Agency 
for International Development whose primary responsi-
bility is to carry out programs to address natural or man-
made disasters or programs under the heading ‘‘Transi-
tion Initiatives’’. 
AUTHORIZATION 
SEC. 574. The Secretary of the Treasury may, to ful-
fill commitments of the United States, contribute on be-
half 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 Inter-
national Fund for Agricultural Development. 
PHILIPPINE EDUCATION AND HEALTH INFRASTRUCTURE 
SEC. 575. Of the funds appropriated under ‘‘Eco-
nomic Support Fund’’ for the Philippines in Public Law 
108–11, the Emergency Wartime Supplemental Appro-
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priations 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 avail-
able 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 Ad-
ministrator 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 descrip-
tions 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 co-
ordination undertaken among the State Department,
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USAID and other agencies involved in international 
basic education activities; and 
(3) a description of actions being taken to ex-
pand the administrative capacity of both USAID 
and the State Department to deliver effective ex-
panded basic education programs. 
PARTICIPATION
IN
THE
THIRTEENTH
REPLENISHMENT 
OF THE RESOURCES OF THE INTERNATIONAL DE-
VELOPMENT ASSOCIATION 
SEC. 577. The International Development Associa-
tion 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 Gov-
ernor 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 com-
mitment 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.
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‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO-
PRIATIONS.—For the contribution authorized by sub-
section (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 In-
stitutions 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 develop-
ment 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 min-
utes, with material deemed too sensitive for public 
distribution redacted. 
‘‘(2) The institution shall keep a written tran-
script or electronic recording of each meeting of its
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Board of Directors and preserve the transcript or re-
cording 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 dis-
tribution redacted or withheld, shall be made avail-
able to the public 15 calendar days before consider-
ation 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 pur-
sued 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 indi-
cators to measure results, and that the indicators 
and results be published periodically during the exe-
cution, and at the completion, of the project or pro-
gram. 
‘‘(b) PUBLICATION OF WRITTEN STATEMENTS RE-
GARDING INSPECTION MECHANISM CASES.—No later
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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 Rep-
resentatives 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 de-
scribed in this section. 
‘‘(d) PUBLICATION OF ‘NO’ VOTES AND ABSTEN-
TIONS BY THE UNITED STATES.—Each month, the Sec-
retary 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 insti-
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tution on any matter before the Board of Directors of the 
institution. 
‘‘(e) MULTILATERAL DEVELOPMENT INSTITUTION 
DEFINED.—In this section, the term ‘multilateral develop-
ment 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 Gov-
ernor of the Bank may contribute on behalf of the 
United States an amount equal to the amount ap-
propriated under subsection (b), pursuant to the res-
olution of the Bank entitled ‘Seventh Replenishment 
of the Asian Development Fund’. 
‘‘(2) SUBJECT TO APPROPRIATIONS.—Any com-
mitment 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 APPRO-
PRIATIONS.—For the contribution authorized by sub-
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section (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 Gov-
ernor of the Fund may contribute on behalf of the 
United States an amount equal to the amount ap-
propriated under subsection (b), pursuant to the res-
olution of the Fund entitled ‘The Ninth General Re-
plenishment of Resources of the African Develop-
ment Fund’. 
‘‘(2) SUBJECT TO APPROPRIATIONS.—Any com-
mitment 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 APPRO-
PRIATIONS.—For the contribution authorized by sub-
section (a), there are authorized to be appropriated such
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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 Presi-
dent 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 prolifera-
tion 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, li-
brary 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’’.
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 pur-
poses, namely:
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TITLE I—EXPORT AND INVESTMENT ASSISTANCE 
EXPORT-IMPORT BANK OF THE UNITED STATES 
INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK 
For necessary expenses of the Office of Inspector Gen-
eral of the Export-Import Bank of the United States in car-
rying out the provisions of the Inspector General Act of 
1978, as amended, $1,000,000. 
EXPORT-IMPORT BANK LOANS PROGRAM ACCOUNT 
The Export-Import Bank of the United States is au-
thorized to make such expenditures within the limits of 
funds and borrowing authority available to such corpora-
tion, and in accordance with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
tations, as provided by section 104 of the Government Cor-
poration 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 cur-
rent fiscal year may be used to make expenditures, con-
tracts, 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
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(b) of Public Law 103–428 shall remain in effect through 
October 1, 2004. 
ADMINISTRATIVE EXPENSES 
For administrative expenses to carry out the direct 
and guaranteed loan and insurance programs, including 
hire of passenger motor vehicles and services as authorized 
by 5 U.S.C. 3109, and not to exceed $30,000 for official 
reception and representation expenses for members of the 
Board of Directors, $74,395,000: Provided, That the Ex-
port-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, not-
withstanding subsection (b) of section 117 of the Export En-
hancement 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 au-
thorized to make, without regard to fiscal year limitations, 
as provided by 31 U.S.C. 9104, such expenditures and com-
mitments 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
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amount for official reception and representation expenses 
which shall not exceed $35,000) shall not exceed 
$41,385,000: Provided further, That project-specific trans-
action 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 Ac-
count: Provided, That such costs, including the cost of modi-
fying 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 dis-
bursement of direct and guaranteed loans obligated in fiscal 
year 2004, and through fiscal year 2013 for the disburse-
ment of direct and guaranteed loans obligated in fiscal year 
2005.
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In addition, such sums as may be necessary for admin-
istrative 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 Over-
seas 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 other-
wise available for such purposes, $1,435,500,000, to remain
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available until September 30, 2005: Provided, That this 
amount shall be made available for such activities as: (1) 
immunization programs; (2) oral rehydration programs; 
(3) health, nutrition, water and sanitation programs which 
directly address the needs of mothers and children, and re-
lated education programs; (4) assistance for displaced and 
orphaned children; (5) programs for the prevention, treat-
ment, and control of, and research on, HIV/AIDS, tuber-
culosis, malaria, polio and other infectious diseases; and (6) 
family planning/reproductive health: Provided further, 
That none of the funds appropriated under this heading 
may be made available for nonproject assistance, except 
that funds may be made available for such assistance for 
ongoing health activities: Provided further, That of the 
funds appropriated under this heading, not to exceed 
$150,000, in addition to funds otherwise available for such 
purposes, may be used to monitor and provide oversight of 
child survival, maternal and family planning/reproductive 
health, and infectious disease programs: Provided further, 
That the following amounts should be allocated as follows: 
$345,000,000 for child survival and maternal health; 
$30,000,000 for vulnerable children; $500,000,000 for HIV/
AIDS including not less than $22,000,000 which should be 
made available to support the development of microbicides 
as a means for combating HIV/AIDS; $185,000,000 for
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other infectious diseases; and $375,500,000 for family plan-
ning/reproductive health, including in areas where popu-
lation growth threatens biodiversity or endangered species: 
Provided further, That of the funds appropriated under this 
heading that are available for HIV/AIDS programs and ac-
tivities, $18,000,000 should be made available for the Inter-
national AIDS Vaccine Initiative: Provided further, That 
of the funds appropriated under this heading, $60,000,000 
should be made available for a United States contribution 
to The Vaccine Fund, and up to $6,000,000 may be trans-
ferred to and merged with funds appropriated by this Act 
under the heading ‘‘Operating Expenses of the United 
States Agency for International Development’’ for costs di-
rectly related to international health, but funds made avail-
able for such costs may not be derived from amounts made 
available for contribution under this and the preceding pro-
viso: Provided further, That none of the funds made avail-
able 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 steriliza-
tion: Provided further, That none of the funds made avail-
able under this Act may be used to pay for the performance 
of abortion as a method of family planning or to motivate
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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 re-
ferral 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 fam-
ily 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 fi-
nancial reward to: (A) an individual in exchange for be-
coming a family planning acceptor; or (B) program per-
sonnel 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
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of any individual’s decision not to accept family planning 
services; (4) the project shall provide family planning ac-
ceptors 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 experi-
mental contraceptive drugs and devices and medical proce-
dures 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 Inter-
national Development determines that there has been a vio-
lation of the requirements contained in paragraph (1), (2), 
(3), or (5) of this proviso, or a pattern or practice of viola-
tions 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 fam-
ily planning under section 104 of the Foreign Assistance 
Act of 1961 no applicant shall be discriminated against be-
cause of such applicant’s religious or conscientious commit-
ment to offer only natural family planning; and, addition-
ally, all such applicants shall comply with the requirements
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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 pro-
grams, 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 noth-
ing in this paragraph shall be construed to alter any exist-
ing statutory prohibitions against abortion under section 
104 of the Foreign Assistance Act of 1961: Provided further, 
That to the maximum extent feasible, taking into consider-
ation cost, timely availability, and best health practices, 
funds appropriated in this Act or prior appropriations Acts 
that are made available for condom procurement shall be 
made available only for the procurement of condoms manu-
factured in the United States: Provided further, That infor-
mation provided about the use of condoms as part of 
projects or activities that are funded from amounts appro-
priated by this Act shall be medically accurate and shall 
include the public health benefits and failure rates of such 
use. 
DEVELOPMENT ASSISTANCE 
For necessary expenses to carry out the provisions of 
sections 103, 105, 106, and 131, and chapter 10 of part 
I of the Foreign Assistance Act of 1961, $1,423,000,000, to 
remain available until September 30, 2005: Provided, That
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none of the funds appropriated under title II of this Act 
that are managed by or allocated to the United States Agen-
cy for International Development’s Global Development 
Secretariat, may be made available except through the reg-
ular notification procedures of the Committees on Appro-
priations: Provided further, That $220,000,000 should be 
allocated for basic education: Provided further, That none 
of the funds appropriated under this heading may be made 
available for any activity which is in contravention to the 
Convention on International Trade in Endangered Species 
of Flora and Fauna: Provided further, That of the funds 
appropriated under this heading that are made available 
for assistance programs for displaced and orphaned chil-
dren 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: Pro-
vided further, That of the aggregate amount of the funds 
appropriated by this Act that are made available for agri-
culture and rural development programs, $40,000,000 
should be made available for plant biotechnology research 
and development: Provided further, That not less than 
$2,300,000 should be made available for core support for 
the International Fertilizer Development Center: Provided 
further, That of the funds appropriated under this heading, 
not less than $1,000,000 shall be made available for support
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of the United States Telecommunications Training Insti-
tute: Provided further, That of the funds appropriated 
under this heading, not less than $20,000,000 should be 
made available for the American Schools and Hospitals 
Abroad program: Provided further, That of the funds appro-
priated under this heading, up to $3,000,000 should be 
made available for support of the International Real Prop-
erty Foundation: Provided further, That of the funds appro-
priated by this Act, $100,000,000 shall be made available 
for drinking water supply projects and related activities. 
INTERNATIONAL DISASTER ASSISTANCE 
For necessary expenses for international disaster relief, 
rehabilitation, and reconstruction assistance pursuant to 
section 491 of the Foreign Assistance Act of 1961, as amend-
ed, $235,500,000, to remain available until expended. 
FAMINE FUND 
For necessary expenses for famine prevention and re-
lief, including for mitigation of the effects of famine, pursu-
ant to section 491 of the Foreign Assistance Act of 1961, 
as amended, $100,000,000, to remain available until ex-
pended: Provided, That funds appropriated under this 
heading shall be available for obligation subject to prior 
consultation with the Committees on Appropriations. 
TRANSITION INITIATIVES 
For necessary expenses for international disaster reha-
bilitation and reconstruction assistance pursuant to section
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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 cri-
sis: 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 assist-
ance: Provided further, That if the President determines 
that is important to the national interests of the United 
States to provide transition assistance in excess of the 
amount appropriated under this heading, up to $5,000,000 
of the funds appropriated by this Act to carry out the provi-
sions of part I of the Foreign Assistance Act of 1961 may 
be used for purposes of this heading and under the authori-
ties applicable to funds appropriated under this heading: 
Provided further, That funds made available pursuant to 
the previous proviso shall be made available subject to prior 
consultation with the Committees on Appropriations. 
DEVELOPMENT CREDIT AUTHORITY 
(INCLUDING TRANSFER OF FUNDS) 
For the cost of direct loans and loan guarantees, as 
authorized by sections 108 and 635 of the Foreign Assist-
ance Act of 1961, up to $21,000,000, to remain available
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until September 30, 2005, and to be derived by transfer 
from funds appropriated by this Act to carry out part I 
of such Act and under the heading ‘‘Assistance for Eastern 
Europe and the Baltic States’’: Provided, That such costs, 
including the cost of modifying such direct and guaranteed 
loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974, as amended: Provided further, That 
funds made available by this paragraph and under this 
heading in prior Acts making appropriations for foreign 
operations, export financing, and related programs, may be 
used for the cost of modifying any such guaranteed loans 
under this Act or prior Acts. 
In addition, for administrative expenses to carry out 
credit programs administered by the United States Agency 
for International Development, $8,000,000, to remain 
available until September 30, 2004, which may be trans-
ferred to and merged with the appropriation for Operating 
Expenses of the United States Agency for International De-
velopment. 
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.
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OPERATING EXPENSES OF THE UNITED STATES AGENCY 
FOR INTERNATIONAL DEVELOPMENT 
For necessary expenses to carry out the provisions of 
section 667, $604,100,000, of which up to $25,000,000 may 
remain available until September 30, 2005: Provided, That 
none of the funds appropriated under this heading and 
under the heading ‘‘Capital Investment Fund’’ may be 
made available to finance the construction (including archi-
tect and engineering services), purchase, or long term lease 
of offices for use by the United States Agency for Inter-
national Development, unless the Administrator has identi-
fied such proposed construction (including architect and en-
gineering services), purchase, or long term lease of offices 
in a report submitted to the Committees on Appropriations 
at least 15 days prior to the obligation of these funds for 
such purposes: Provided further, That contracts or agree-
ments entered into with funds appropriated under this 
heading may entail commitments for the expenditure of 
such funds through fiscal year 2005: Provided further, That 
the previous proviso shall not apply where the total cost 
of construction (including architect and engineering serv-
ices), purchase, or long term lease of offices does not exceed 
$1,000,000. 
CAPITAL INVESTMENT FUND 
For necessary expenses for overseas construction and 
related costs, and for the procurement and enhancement of
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information technology and related capital investments, 
pursuant to section 667, $100,000,000, to remain available 
until expended: Provided, That this amount is in addition 
to funds otherwise available for such purposes: Provided 
further, That the Administrator of the United States Agency 
for International Development shall assess fair and reason-
able rental payments for the use of space by employees of 
other United States Government agencies in buildings con-
structed 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 de-
posited as an offsetting collection shall be available for obli-
gation only pursuant to the regular notification procedures 
of the Committees on Appropriations: Provided further, 
That the assignment of United States Government employ-
ees 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 avail-
able for obligation only pursuant to the regular notification 
procedures of the Committees on Appropriations.
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OPERATING EXPENSES OF THE UNITED STATES AGENCY 
FOR
INTERNATIONAL
DEVELOPMENT
OFFICE
OF
IN-
SPECTOR 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 De-
velopment. 
OTHER BILATERAL ECONOMIC ASSISTANCE 
ECONOMIC SUPPORT FUND 
For necessary expenses to carry out the provisions of 
chapter 4 of part II, $2,415,000,000, to remain available 
until September 30, 2005: Provided, That of the funds ap-
propriated under this heading, not less than $480,000,000 
shall be available only for Israel, which sum shall be avail-
able on a grant basis as a cash transfer and shall be dis-
bursed within 30 days of the enactment of this Act: Pro-
vided 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 addi-
tional to those which were undertaken in previous fiscal 
years, and of which not less than $200,000,000 shall be pro-
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vided as Commodity Import Program assistance: Provided 
further, That of the funds made available pursuant to the 
previous proviso, $2,000,000 shall be made available for the 
Ibn Khaldun Center for Development: Provided further, 
That the Government of Egypt should promptly provide the 
United States Embassy in Cairo with assurances that it 
will honor contracts entered into with United States compa-
nies in a timely manner: Provided further, That in exer-
cising the authority to provide cash transfer assistance for 
Israel, the President shall ensure that the level of such as-
sistance does not cause an adverse impact on the total level 
of nonmilitary exports from the United States to such coun-
try and that Israel enters into a side letter agreement in 
an amount proportional to the fiscal year 1999 agreement: 
Provided further, That of the funds appropriated under this 
heading, not less than $250,000,000 shall be made available 
for assistance for Jordan: Provided further, That of the 
funds appropriated under this heading, up to $5,000,000 
may be made available for the Yitzhak Rabin Center for 
Israel Studies in Tel Aviv, Israel, and up to $5,000,000 
may be made available for the Center for Human Dignity 
Museum of Tolerance in Jerusalem, Israel: Provided fur-
ther, That of the funds appropriated under this heading, 
up to $1,000,000 should be used to further legal reforms in 
the West Bank and Gaza, including judicial training on
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commercial disputes and ethics: Provided further, That of 
the funds appropriated under this heading that are made 
available for assistance for Pakistan, not less than 
$10,000,000 should be made available to support programs 
and activities conducted by indigenous organizations that 
seek to further educational, health, employment, and other 
opportunities for the people of Pakistan: Provided further, 
That of the funds made available for indigenous organiza-
tions pursuant to the previous proviso, $4,000,000 should 
be made available for the Pakistan Human Development 
Fund and $1,000,000 for the Amanut Society: Provided fur-
ther, That $15,000,000 of the funds appropriated under this 
heading shall be made available for Cyprus to be used only 
for scholarships, administrative support of the scholarship 
program, bicommunal projects, and measures aimed at re-
unification of the island and designed to reduce tensions 
and promote peace and cooperation between the two com-
munities on Cyprus: Provided further, That $35,000,000 of 
the funds appropriated under this heading shall be made 
available for assistance for Lebanon, of which not less than 
$4,000,000 shall be made available only for American edu-
cational institutions for scholarships and other programs: 
Provided further, That notwithstanding section 634(a) of 
this Act, funds appropriated under this heading that are 
made available for assistance for the Central Government
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of Lebanon shall be subject to the regular notification proce-
dures of the Committees on Appropriations: Provided fur-
ther, That the Government of Lebanon should enforce the 
custody and international pickup orders, issued during cal-
endar year 2001, of Lebanon’s civil courts regarding ab-
ducted American children in Lebanon: Provided further, 
That of the funds appropriated under this heading, not less 
than $10,000,000 shall be made available for programs and 
activities in rural Mexico to promote microcredit lending, 
small business and entrepreneurial development, and pri-
vate property ownership in rural communities, and to sup-
port small farmers who have been affected by adverse eco-
nomic conditions: Provided further, That funds made avail-
able pursuant to the previous proviso may be made avail-
able only if the case involving three Americans arrested in 
Oaxaca, Mexico on October 6, 2003, in connection with a 
private property dispute is resolved satisfactorily, and such 
funds shall be subject to the regular notification procedures 
of the Committees on Appropriations: Provided further, 
That of the funds appropriated under this heading, not less 
than $25,000,000 shall be made available for assistance for 
the Democratic Republic of Timor-Leste to support subsist-
ence agriculture and other income generating opportunities, 
expand basic education and vocational training, strengthen 
the judiciary, promote good governance and the sustainable
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use of natural resources, and improve health care and other 
basic human services and physical infrastructure, of which 
up to $1,000,000 may be available for administrative ex-
penses of the United States Agency for International Devel-
opment: Provided further, That of the funds made available 
under this heading, not less than $2,500,000 shall be made 
available, in addition to amounts otherwise available for 
such purposes, as a United States contribution to the Office 
of the United Nations High Commissioner for Human 
Rights, to support its activities including human rights 
training for peacekeepers, activities to address trafficking 
in persons, monitoring and field activities: Provided fur-
ther, That of the funds appropriated under this heading, 
not less than $250,000 shall be made available to support 
the Commission to Investigate Illegal Groups and Clandes-
tine Security Apparatus in Guatemala: Provided further, 
That of the funds appropriated under this heading, not less 
than $2,500,000 shall be made available for assistance for 
countries to implement and enforce the Kimberley Process 
Certification Scheme: Provided further, That funds appro-
priated under this heading may be used, notwithstanding 
any other provision of law, to provide assistance to the Na-
tional Democratic Alliance of Sudan to strengthen its abil-
ity to protect civilians from attacks, slave raids, and aerial 
bombardment by the Sudanese Government forces and its
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militia allies, and the provision of such funds shall be sub-
ject to the regular notification procedures of the Committees 
on Appropriations: Provided further, That in the previous 
proviso, the term ‘‘assistance’’ includes non-lethal, non-food 
aid such as blankets, medicine, fuel, mobile clinics, water 
drilling equipment, communications equipment to notify 
civilians of aerial bombardment, non-military vehicles, 
tents, and shoes: Provided further, That of the funds appro-
priated under this heading, not less than $2,500,000 shall 
be made available during fiscal year 2004 for a contribu-
tion to the Special Court for Sierra Leone: Provided fur-
ther, That of the funds appropriated under this heading, 
not less than $3,500,000 should be made available for East 
Asia and Pacific Environment Initiatives: Provided fur-
ther, That of the funds appropriated under this heading, 
$10,000,000 shall be made available to continue to support 
the provision of wheelchairs for needy persons in developing 
countries: Provided further, That of the funds appropriated 
under this heading, $3,000,000 should be made available 
for the Foundation for Security and Sustainability: Pro-
vided further, That of the funds appropriated under this 
heading, not less than $350,000 should be made available, 
notwithstanding any other provision of law, for the Na-
tional Endowment for Democracy to support democracy 
and human rights in North Korea: Provided further, That
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of the funds appropriated under this heading, up to 
$1,000,000 should be made available for a program to pro-
mote greater understanding and interaction among youth 
in Albania, Kosovo, Montenegro and Macedonia: Provided 
further, That of the funds made available under this head-
ing and the heading ‘‘Office of Transition Initiatives’’, not 
less than $5,000,000 shall be made available for disar-
mament, demobilization, and reintegration of child soldiers 
in Liberia: Provided further, That of the funds appro-
priated under this heading, up to $15,000,000 should be 
made available as a United States contribution to the Orga-
nization of American States for expenses related to the OAS 
Special Mission in Haiti and the implementation of OAS 
Resolution 822 and subsequent resolutions related to im-
proving security and the holding of elections to resolve the 
political impasse created by the disputed May 2000 election: 
Provided further, That with respect to funds appropriated 
under this heading in this Act or prior Acts making appro-
priations for foreign operations, export financing, and re-
lated 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 responsi-
bility of the Secretary of State and the Deputy Secretary 
of State and this responsibility shall not be delegated.
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ACTIVITIES TO COMBAT HIV/AIDS GLOBALLY FUND 
For necessary expenses to carry out the provisions of 
the Foreign Assistance Act of 1961 for the prevention, treat-
ment, and control of, and research on, HIV/AIDS, 
$700,000,000, to remain available until expended: Pro-
vided, That of the funds appropriated under this heading, 
up to $250,000,000 may be made available, notwith-
standing any other provision of law, except for the United 
States Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.) 
as amended by section 699J of this Act, for a United States 
contribution to the Global Fund to Fight AIDS, Tuber-
culosis and Malaria: Provided further, That such contribu-
tion shall be expended at the minimum rate necessary to 
make timely payment for projects and activities: Provided 
further, That of the funds appropriated under this heading, 
$150,000,000 is made available for the International Moth-
er and Child HIV Prevention Initiative: Provided further, 
That funds made available for HIV/AIDS programs and 
activities under the headings ‘‘Child Survival and Health 
Programs Fund’’, ‘‘Economic Support Fund’’, ‘‘Assistance 
for Eastern Europe and the Baltic States’’ and ‘‘Assistance 
for the Independent States of the Former Soviet Union’’ in 
this Act may be transferred to and merged with funds ap-
propriated under this heading: Provided further, That of
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the funds appropriated under this heading, $20,000,000 
may be apportioned directly to the Peace Corps to remain 
available until expended for necessary expenses to carry out 
activities to combat HIV/AIDS, tuberculosis and malaria: 
Provided further, That of the funds appropriated under this 
heading, funds shall be made available to the World Health 
Organization’s HIV/AIDS, Tuberculosis and Malaria Clus-
ter: Provided further, That of the funds appropriated under 
this heading, not more than $8,000,000 may be made avail-
able for administrative expenses of the office of the ‘‘Coordi-
nator of United States Government Activities to Combat 
HIV/AIDS Globally’’ of the Department of State: Provided 
further, That of the funds appropriated under this heading, 
not less than $28,000,000 shall be made available for a 
United States contribution to UNAIDS: Provided further, 
That the Coordinator should seek to ensure that an appro-
priate percent of the budget for prevention and treatment 
programs of the Global Fund to Fight AIDS, Tuberculosis 
and Malaria is made available to support technical assist-
ance to ensure the quality of such programs: Provided fur-
ther, That of the funds appropriated under this heading, 
not less than $29,000,000 shall be made available for injec-
tion safety programs, including national planning, the pro-
vision 
and 
international 
transport 
of 
nonreusable 
autodisposable syringes or other safe injection equipment,
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public education, training of health providers, waste man-
agement, and publication of quantitative results: Provided 
further, That of the funds appropriated under this heading, 
not less than $46,000,000 shall be made available for blood 
safety programs, including the establishment and support 
of national blood services, the provision of rapid HIV test 
kits, staff training, and quality assurance programs. 
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC 
STATES 
(a) For necessary expenses to carry out the provisions 
of the Foreign Assistance Act of 1961 and the Support for 
East European Democracy (SEED) Act of 1989, 
$445,000,000, to remain available until September 30, 
2005, which shall be available, notwithstanding any other 
provision of law, for assistance and for related programs 
for Eastern Europe and the Baltic States: Provided, That 
of the funds appropriated under this heading that are made 
available for assistance for Bulgaria, $3,000,000 should be 
made available to enhance safety at nuclear power plants: 
Provided further, That of the funds appropriated under this 
heading, and under the headings ‘‘Assistance for the Inde-
pendent States of the Former Soviet Union’’ and ‘‘Eco-
nomic Support Fund’’, not less than $50,000,000 shall be 
made available for programs for the prevention, treatment, 
and control of, and research on, HIV/AIDS, tuberculosis, 
and malaria.
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(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 disburse-
ment 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 Treas-
ury of the United States and without further appropriation 
by the Congress. Funds made available for Enterprise 
Funds shall be expended at the minimum rate necessary 
to make timely payment for projects and activities. 
(c) Funds appropriated under this heading shall be 
considered to be economic assistance under the Foreign As-
sistance Act of 1961 for purposes of making available the 
administrative authorities contained in that Act for the use 
of economic assistance. 
(d) With regard to funds appropriated under this 
heading for the economic revitalization program in Bosnia 
and Herzegovina, and local currencies generated by such 
funds (including the conversion of funds appropriated 
under this heading into currency used by Bosnia and 
Herzegovina as local currency and local currency returned 
or repaid under such program) the Administrator of the 
United States Agency for International Development shall 
provide written approval for grants and loans prior to the
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obligation and expenditure of funds for such purposes, and 
prior to the use of funds that have been returned or repaid 
to any lending facility or grantee. 
(e) The provisions of section 629 of this Act shall apply 
to funds made available under subsection (d) and to funds 
appropriated under this heading: Provided, That notwith-
standing any provision of this or any other Act, including 
provisions in this subsection regarding the application of 
section 629 of this Act, local currencies generated by, or con-
verted from, funds appropriated by this Act and by previous 
appropriations Acts and made available for the economic 
revitalization program in Bosnia may be used in Eastern 
Europe and the Baltic States to carry out the provisions 
of the Foreign Assistance Act of 1961 and the Support for 
East European Democracy (SEED) Act of 1989. 
(f) The President is authorized to withhold funds ap-
propriated under this heading made available for economic 
revitalization programs in Bosnia and Herzegovina, if he 
determines and certifies to the Committees on Appropria-
tions 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, investiga-
tions, and related activities between state sponsors of ter-
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rorism and terrorist organizations and Bosnian officials 
has not been terminated. 
ASSISTANCE FOR THE INDEPENDENT STATES OF THE 
FORMER SOVIET UNION 
(a) For necessary expenses to carry out the provisions 
of chapters 11 and 12 of part I of the Foreign Assistance 
Act of 1961 and the FREEDOM Support Act, for assistance 
for the Independent States of the former Soviet Union and 
for related programs, $596,000,000, to remain available 
until September 30, 2005: Provided, That the provisions of 
such chapters shall apply to funds appropriated by this 
paragraph: Provided further, That of the funds made avail-
able 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: Pro-
vided further, That of the funds appropriated under this 
heading, $20,000,000 shall be made available solely for as-
sistance for the Russian Far East: Provided further, That 
$5,000,000 shall be made available to promote freedom of 
the media and an independent media in Russia: Provided 
further, That not less than $3,000,000 shall be made avail-
able for programs and activities authorized under section 
307 of the FREEDOM Support Act (Public Law 102–511): 
Provided further, That of the funds appropriated under this
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heading, $500,000 shall be made available to support de-
mocracy building programs in Russia through the 
Sakharov Archives: Provided further, That, notwith-
standing any other provision of law, funds appropriated 
under this heading in this Act or prior Acts making appro-
priations for foreign operations, export financing, and re-
lated programs, that are made available pursuant to the 
provisions of section 807 of Public Law 102–511 shall be 
subject to a 6 percent ceiling on administrative expenses. 
(b) Of the funds appropriated under this heading that 
are made available for assistance for Ukraine, not less than 
$20,000,000 shall be made available for nuclear reactor 
safety initiatives, of which $14,000,000 should be for simu-
lator-related projects; and not less than $2,000,000 shall be 
made available for coal mine safety programs. 
(c) Of the funds appropriated under this heading, 
$75,000,000 should be made available for assistance for 
Georgia. 
(d) Of the funds appropriated under this heading, not 
less than $75,000,000 shall be made available for assistance 
for Armenia. 
(e)(1) Of the funds appropriated under this heading 
that are allocated for assistance for the Government of the 
Russian Federation, 60 percent shall be withheld from obli-
gation until the President determines and certifies in writ-
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ing to the Committees on Appropriations that the Govern-
ment of the Russian Federation: 
(A) has terminated implementation of arrange-
ments to provide Iran with technical expertise, train-
ing, 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 traf-
ficking in persons; and 
(B) activities authorized under title V (Non-
proliferation and Disarmament Programs and Activi-
ties) of the FREEDOM Support Act. 
(f) Section 907 of the FREEDOM Support Act shall 
not apply to—
(1) activities to support democracy or assistance 
under title V of the FREEDOM Support Act and sec-
tion 1424 of Public Law 104–201 or non-proliferation 
assistance;
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(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 In-
vestment 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 pro-
visions of section 401 of the Foreign Assistance Act of 1969, 
$16,334,000, to remain available until September 30, 2005. 
AFRICAN DEVELOPMENT FOUNDATION 
For necessary expenses to carry out title V of the Inter-
national Security and Development Cooperation Act of 
1980, Public Law 96–533, $18,689,000, to remain available 
until September 30, 2005: Provided, That funds made 
available to grantees may be invested pending expenditure
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for project purposes when authorized by the board of direc-
tors 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 con-
tained in that section with respect to a project: Provided 
further, That the Foundation shall provide a report to the 
Committees on Appropriations after each time such waiver 
authority is exercised. 
PEACE CORPS 
For necessary expenses to carry out the provisions of 
the Peace Corps Act (75 Stat. 612), $310,000,000, including 
the purchase of not to exceed five passenger motor vehicles 
for administrative purposes for use outside of the United 
States: Provided, That none of the funds appropriated 
under this heading shall be used to pay for abortions: Pro-
vided further, That funds appropriated under this heading 
shall remain available until September 30, 2005: Provided 
further, That during fiscal year 2004 and any subsequent 
fiscal year, the Director of the Peace Corps may make ap-
pointments or assignments, or extend current appointments 
or assignments, to permit United States citizens to serve 
for periods in excess of 5 years in the case of individuals 
whose appointment or assignment, such as regional safety
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security officers and employees within the Office of the In-
spector General, involves the safety of Peace Corps volun-
teers: Provided further, That the Director of the Peace Corps 
may make such appointments or assignments notwith-
standing 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 assign-
ment may exceed 5 years, and the percentage of appoint-
ments or assignments that can be made in excess of 5 years. 
DEPARTMENT OF STATE 
INTERNATIONAL NARCOTICS CONTROL AND LAW 
ENFORCEMENT 
For necessary expenses to carry out section 481 of the 
Foreign Assistance Act of 1961, $284,550,000, to remain 
available until expended: Provided, That during fiscal year 
2004, the Department of State may also use the authority 
of section 608 of the Foreign Assistance Act of 1961, without 
regard to its restrictions, to receive excess property from an 
agency of the United States Government for the purpose of 
providing it to a foreign country under chapter 8 of part 
I of that Act subject to the regular notification procedures 
of the Committees on Appropriations: Provided further, 
That of the funds appropriated under this heading, 
$20,000,000 should be made available for anti-trafficking 
in persons programs, including trafficking prevention, pro-
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tection and assistance for victims, and prosecution of traf-
fickers: Provided further, That of the funds appropriated 
under this heading, $7,105,000 should be made available 
for the International Law Enforcement Academy in 
Roswell, New Mexico, of which $2,105,000 should be made 
available for construction and completion of a new facility: 
Provided further, That of the funds appropriated under this 
heading, not more than $25,117,000 may be available for 
administrative expenses: Provided further, That $5,000,000 
of amounts made available under this heading shall be for 
combating piracy of United States intellectual property. 
ANDEAN COUNTERDRUG INITIATIVE 
For necessary expenses to carry out section 481 of the 
Foreign Assistance Act of 1961 to support counterdrug ac-
tivities in the Andean region of South America, 
$660,000,000, to remain available until expended: Pro-
vided, That in addition to the funds appropriated under 
this heading and subject to the regular notification proce-
dures of the Committees on Appropriations, the President 
may make available up to an additional $37,000,000 for 
the Andean Counterdrug Initiative, which may be derived 
from funds appropriated under the heading ‘‘International 
Narcotics Control and Law Enforcement’’ in this Act and 
in prior Acts making appropriations for foreign operations, 
export financing, and related programs: Provided further, 
That in fiscal year 2004, funds available to the Department
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of State for assistance to the Government of Colombia shall 
be available to support a unified campaign against nar-
cotics trafficking, against activities by organizations des-
ignated as terrorist organizations such as the Revolutionary 
Armed Forces of Colombia (FARC), the National Liberation 
Army (ELN), and the United Self-Defense Forces of Colom-
bia (AUC), and to take actions to protect human health 
and welfare in emergency circumstances, including under-
taking rescue operations: Provided further, That this au-
thority 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 organiza-
tions: 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-de-
fense group or illegal security cooperative, such helicopter 
shall be immediately returned to the United States: Pro-
vided 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 obliga-
tion of funds appropriated under this heading, a report on
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the proposed uses of all funds under this heading on a coun-
try-by-country basis for each proposed program, project, or 
activity: Provided further, That of the funds appropriated 
under this heading, not less than $250,000,000 shall be ap-
portioned directly to the United States Agency for Inter-
national Development, to be used for alternative develop-
ment/institution building including judicial reform, of 
which not less than $165,000,000 shall be made available 
for such purposes in Colombia: Provided further, That of 
the funds appropriated under this heading, not less than 
$25,000,000 shall be made available for judicial reform in 
Colombia: Provided further, That of the funds appropriated 
under this heading, in addition to funds made available 
pursuant to the previous proviso, not less than $2,500,000 
shall be made available to protect human rights defenders 
in Colombia, not less than $3,500,000 shall be made avail-
able for the United Nations Office of the High Commis-
sioner for Human Rights in Colombia, not less than 
$10,000,000 shall be made available for assistance for the 
Colombian Attorney General’s Human Rights Unit, and 
not less than $2,500,000 shall be made available for assist-
ance for the human rights unit of the Colombian 
Procuraduria: Provided further, That not more than 20 
percent of the funds appropriated by this Act that are used 
for the procurement of chemicals for aerial coca and poppy
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fumigation programs may be made available for such pro-
grams unless the Secretary of State, after consultation with 
the Administrator of the Environmental Protection Agency 
(EPA), certifies to the Committees on Appropriations that: 
(1) the herbicide mixture is being used in accordance with 
EPA label requirements for comparable use in the United 
States and any additional controls recommended by the 
EPA for this program, and with the Colombian Environ-
mental Management Plan for aerial fumigation; and (2) 
the herbicide mixture, in the manner it is being used, does 
not pose unreasonable risks or adverse effects to humans or 
the environment: Provided further, That such funds may 
not be made available unless the Secretary of State certifies 
to the Committees on Appropriations that complaints of 
harm to health or licit crops caused by such fumigation are 
evaluated and fair compensation is being paid for meri-
torious claims: Provided further, That such funds may not 
be made available for such purposes unless programs are 
being implemented by the United States Agency for Inter-
national Development, the Government of Colombia, or 
other organizations, in consultation with local commu-
nities, to provide alternative sources of income in areas 
where security permits for small-acreage growers whose il-
licit crops are targeted for fumigation: Provided further, 
That of the funds appropriated under this heading, not less
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than $2,500,000 shall be made available for continued 
training, equipment, and other assistance for the Colombian 
National Park Service: Provided further, That none of the 
funds appropriated by this Act shall be made available for 
aerial fumigation within Colombia’s national parks: Pro-
vided 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 As-
sistance Act of 1961, as amended, and funds appropriated 
by this Act that are made available for Colombia, shall be 
made available subject to the regular notification proce-
dures of the Committees on Appropriations: Provided fur-
ther, That the provisions of section 3204(b) through (d) of 
Public Law 106–246, as amended by Public Law 107–115, 
shall be applicable to funds appropriated for fiscal year 
2004: Provided further, That no United States Armed 
Forces personnel or United States civilian contractor em-
ployed by the United States will participate in any combat 
operation in connection with assistance made available by 
this Act for Colombia: Provided further, That funds appro-
priated under this heading that are available for the Boliv-
ian military and police may be made available if the Sec-
retary of State determines and reports to the Committees
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on Appropriations that (1) the Bolivian Government is vig-
orously investigating and prosecuting members of the Boliv-
ian military and police who have been credibly alleged to 
have committed gross violations of human rights and is 
promptly punishing those found to have committed such 
violations; and (2) the Bolivian military and police are co-
operating with such investigations and prosecutions: Pro-
vided further, That of the funds appropriated under this 
heading, not more than $16,285,000 may be available for 
administrative expenses of the Department of State, and not 
more than $4,500,000 may be available, in addition to 
amounts otherwise available for such purposes, for adminis-
trative expenses of the United States Agency for Inter-
national 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
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as authorized by section 3109 of title 5, United States Code, 
$760,197,000, which shall remain available until expended: 
Provided, That not more than $21,000,000 may be available 
for administrative expenses: Provided further, That not less 
than $50,000,000 of the funds made available under this 
heading shall be made available for refugees from the former 
Soviet Union and Eastern Europe and other refugees reset-
tling in Israel: Provided further, That funds appropriated 
under this heading may be made available for a head-
quarters contribution to the International Committee of the 
Red Cross only if the Secretary of State determines (and 
so reports to the appropriate committees of Congress) that 
the Magen David Adom Society of Israel is not being denied 
participation in the activities of the International Red 
Cross and Red Crescent Movement: Provided further, That 
funds made available under this heading should be made 
available to international organizations for assistance for 
refugees from North Korea: Provided further, That funds 
made available under this heading should be made available 
for assistance for persons in Thailand who fled Burma for 
humanitarian or other reasons: Provided further, That none 
of the funds appropriated by this Act shall be provided to 
the central Government of Nepal until the Secretary of 
State determines and reports to the Committees on Appro-
priations that the Government of Nepal is cooperating with
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the United Nations High Commissioner for Refugees and 
other appropriate international organizations on issues 
concerning the protection of refugees from Tibet. 
UNITED STATES EMERGENCY REFUGEE AND MIGRATION 
ASSISTANCE FUND 
For necessary expenses to carry out the provisions of 
section 2(c) of the Migration and Refugee Assistance Act 
of 1962, as amended (22 U.S.C. 2601(c)), $40,000,000, to 
remain available until expended: Provided, That funds 
made available under this heading are appropriated not-
withstanding the provisions contained in section 2(c)(2) of 
such Act which would limit the amount of funds which 
could be appropriated for this purpose. 
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND 
RELATED PROGRAMS 
For necessary expenses for nonproliferation, anti-ter-
rorism, demining and related programs and activities, 
$385,200,000, to carry out the provisions of chapter 8 of 
part II of the Foreign Assistance Act of 1961 for anti-ter-
rorism assistance, chapter 9 of part II of the Foreign Assist-
ance Act of 1961, section 504 of the FREEDOM Support 
Act, section 23 of the Arms Export Control Act or the For-
eign 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
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nongovernmental and international organizations, and sec-
tion 301 of the Foreign Assistance Act of 1961 for a vol-
untary contribution to the International Atomic Energy 
Agency (IAEA), and for a United States contribution to 
the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That of this amount not to exceed 
$35,000,000, to remain available until expended, may be 
made available for the Nonproliferation and Disarmament 
Fund, notwithstanding any other provision of law, to pro-
mote bilateral and multilateral activities relating to non-
proliferation 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 secu-
rity interest of the United States to do so: Provided further, 
That funds appropriated under this heading may be made 
available for the International Atomic Energy Agency only 
if the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to partici-
pate in the activities of that Agency: Provided further, That 
of the funds appropriated under this heading, $19,300,000 
shall be made available for a United States contribution 
to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided further, That notwithstanding the 
previous proviso, funds earmarked in the previous proviso
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that are not made available during fiscal year 2004 for a 
contribution to the Comprehensive Nuclear Test Ban Treaty 
Preparatory Commission and that are not necessary to 
make the United States contribution to the Commission in 
the amount assessed for fiscal year 2004 shall be made 
available for a voluntary contribution to the International 
Atomic Energy Agency and shall remain available until 
September 30, 2005: Provided further, That of the funds 
made available for demining and related activities, not to 
exceed $690,000, in addition to funds otherwise available 
for such purposes, may be used for administrative expenses 
related to the operation and management of the demining 
program: Provided further, That the Secretary of State is 
authorized to provide not to exceed $250,000 for public-pri-
vate partnerships for mine action by grant, cooperative 
agreement, or contract. 
DEPARTMENT OF THE TREASURY 
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE 
For necessary expenses to carry out the provisions of 
section 129 of the Foreign Assistance Act of 1961 (relating 
to international affairs technical assistance activities), 
$12,000,000, to remain available until September 30, 2006, 
which shall be available notwithstanding any other provi-
sion of law.
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DEBT RESTRUCTURING 
For the cost, as defined in section 502 of the Congres-
sional 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 Func-
tion 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 de-
veloped 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 Pro-
grams Appropriations Act, 1989 (Public Law 100–461), 
and of canceling amounts owed, as a result of loans or guar-
antees made pursuant to the Export-Import Bank Act of 
1945, by countries that are eligible for debt reduction pursu-
ant to title V of H.R. 3425 as enacted into law by section 
1000(a)(5) of Public Law 106–113, $195,000,000, to re-
main available until expended: Provided, That not less than 
$20,000,000 of the funds appropriated under this heading 
shall be made available to carry out the provisions of part
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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 Recon-
struction and Development amounts for the benefit of coun-
tries 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 In-
tegration: 
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 viola-
tions of internationally recognized human rights or in mili-
tary 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: Pro-
vided further, That on the basis of final appropriations, the
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Secretary of the Treasury shall consult with the Committees 
on Appropriations concerning which countries and inter-
national financial institutions are expected to benefit from 
a United States contribution to the HIPC Trust Fund dur-
ing the fiscal year: Provided further, That the Secretary of 
the Treasury shall inform the Committees on Appropria-
tions 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 coun-
tries that—
(1) have committed, for a period of 24 months, 
not to accept new market-rate loans from the inter-
national financial institution receiving debt repay-
ment as a result of such disbursement, other than 
loans made by such institutions to export-oriented 
commercial projects that generate foreign exchange 
which are generally referred to as ‘‘enclave’’ loans; 
and 
(2) have documented and demonstrated their 
commitment to redirect their budgetary resources 
from international debt repayments to programs to 
alleviate poverty and promote economic growth that
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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 As-
sistance Act of 1954 shall not apply to funds appropriated 
under this heading: Provided further, That none of the 
funds made available under this heading in this or any 
other appropriations Act shall be made available for Sudan 
or Burma unless the Secretary of the Treasury determines 
and notifies the Committees on Appropriations that a 
democratically elected government has taken office. 
TITLE III—MILLENNIUM CHALLENGE 
ASSISTANCE 
SEC. 301. SHORT TITLE. This title may be cited as 
the ‘‘Millennium Challenge Act of 2003’’. 
SEC. 302. FINDINGS AND PURPOSES. (a) FINDINGS.—
Congress makes the following findings: 
(1) On March 14, 2002, President George W. 
Bush stated that ‘‘America supports the international 
development goals in the U.N. Millennium Declara-
tion, and believes that the goals are a shared responsi-
bility of developed and developing countries.’’ The 
President also called for a ‘‘new compact for global 
development, defined by new accountability for both 
rich and poor nations’’ and pledged support for in-
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creased assistance from the United States through the 
establishment of a Millennium Challenge Account for 
countries that govern justly, invest in their own peo-
ple, and encourage economic freedom. 
(2) The elimination of extreme poverty and the 
achievement of the other international development 
goals of the United Nations Millennium Declaration 
adopted by the United Nations General Assembly on 
September 8, 2000, are important objectives and it is 
appropriate for the United States to make develop-
ment assistance available in a manner that will assist 
in achieving such goals. 
(3) The availability of financial assistance 
through a Millennium Challenge Account, linked to 
performance by developing countries, can contribute 
significantly to the achievement of the international 
development goals of the United Nations Millennium 
Declaration. 
(b) PURPOSES.—The purposes of this title are—
(1) to provide United States assistance for global 
development through the Millennium Challenge Cor-
poration, as described in section 305; and 
(2) to provide such assistance in a manner that 
promotes economic growth and the elimination of ex-
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treme poverty and strengthens good governance, eco-
nomic freedom, and investments in people. 
SEC. 303. DEFINITIONS. In this title: 
(1) BOARD.—The term ‘‘Board’’ means the Mil-
lennium Challenge Board established by section 
304(c). 
(2) CANDIDATE COUNTRY.—The term ‘‘candidate 
country’’ means a country that meets the criteria set 
out in section 306. 
(3) CEO.—The term ‘‘CEO’’ means the chief ex-
ecutive officer of the Corporation established by sec-
tion 304(b). 
(4) CORPORATION.—The term ‘‘Corporation’’ 
means the Millennium Challenge Corporation estab-
lished by section 304(a). 
(5) ELIGIBLE
COUNTRY.—The term ‘‘eligible 
country’’ means a candidate country that is deter-
mined, under section 307, as being eligible to receive 
assistance under this title. 
(6) MILLENNIUM
CHALLENGE
ACCOUNT.—The 
term ‘‘Millennium Challenge Account’’ means the ac-
count established under section 322. 
SEC. 304. ESTABLISHMENT AND MANAGEMENT OF THE 
MILLENNIUM CHALLENGE CORPORATION. (a) ESTABLISH-
MENT OF THE CORPORATION.—There is established in the
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executive branch a corporation within the meaning of sec-
tion 103 of title 5, United States Code, to be known as the 
Millennium Challenge Corporation with the powers and au-
thorities described in this title. 
(b) CEO OF THE CORPORATION.—
(1) IN GENERAL.—There shall be a chief execu-
tive officer of the Corporation who shall be responsible 
for the management of the Corporation. 
(2) APPOINTMENT.—The President shall appoint, 
by and with the advice and consent of the Senate, the 
CEO. 
(3) RELATIONSHIP
TO
THE
SECRETARY
OF 
STATE.—The CEO shall report to and be under the 
direct authority and foreign policy guidance of the 
Secretary of State. The Secretary of State shall co-
ordinate the provision of United States foreign assist-
ance. 
(4) DUTIES.—The CEO shall, in consultation 
with the Board, direct the performance of all func-
tions and the exercise of all powers of the Corpora-
tion, including ensuring that assistance under this 
title is coordinated with other United States economic 
assistance programs.
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(5) EXECUTIVE LEVEL II.—Section 5313 of title 
5, United States Code, is amended by adding at the 
end the following: 
‘‘Chief Executive Officer, Millennium Challenge 
Corporation.’’. 
(c) MILLENNIUM CHALLENGE BOARD.—
(1) ESTABLISHMENT OF THE BOARD.—There is 
established a Millennium Challenge Board. 
(2) COMPOSITION.—The Board shall be composed 
of the following members: 
(A) The Secretary of State, who shall serve 
as the Chair of the Board. 
(B) The Secretary of the Treasury. 
(C) The Administrator of the United States 
Agency for International Development. 
(D) The CEO. 
(E) The United States Trade Representa-
tive. 
(2) FUNCTIONS
OF
THE
BOARD.—The Board 
shall perform the functions specified to be carried out 
by the Board in this title. 
SEC. 305. AUTHORIZATION FOR MILLENNIUM CHAL-
LENGE ASSISTANCE. (a) AUTHORITY.—The Corporation is 
authorized to provide assistance to an eligible entity con-
sistent with the purposes of this title set out in section
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302(b) to conduct programs or projects consistent with the 
objectives of a Millennium Challenge Contract. Assistance 
provided under this title may be provided notwithstanding 
any other provision of law, except that the Corporation is 
prohibited from providing assistance to any entity for any 
project which is likely to—
(1) cause the substantial loss of United States 
jobs or the displacement of United States production; 
or 
(2) pose an unreasonable or major environ-
mental, health, or safety hazard. 
(b) EXCEPTION.—Assistance under this title may not 
be used for military assistance or training. 
(c) FORM OF ASSISTANCE.—Assistance under this title 
may be provided in the form of grants to eligible entities. 
(d) COORDINATION.—The provision of assistance 
under this title shall be coordinated with other United 
States foreign assistance programs. 
(e) APPLICATIONS.—An eligible entity seeking assist-
ance under this title to conduct programs or projects con-
sistent with the objectives of a Millennium Challenge Con-
tract shall submit a proposal for the use of such assistance 
to the Board in such manner and accompanied by such in-
formation as the Board may reasonably require.
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SEC. 306. CANDIDATE COUNTRY. (a) IN GENERAL.—
A country is a candidate country for the purposes of this 
title—
(1) during fiscal year 2004, if such country is el-
igible to receive loans from the International Develop-
ment Association; 
(2) during fiscal year 2005, if the per capita in-
come of such country is less than the historical per 
capita income cutoff of the International Development 
Association for that year; and 
(3) during any fiscal year after 2005—
(A) for which more than $5,000,000,000 has 
been appropriated to the Millennium Challenge 
Account, if the country is classified as a lower 
middle income country by the World Bank on 
the first day of such fiscal year; or 
(B) for which not more than $5,000,000,000 
has been appropriated to such Millennium Chal-
lenge Account, the per capita income of such 
country is less than the historical per capita in-
come cutoff of the International Development As-
sociation for that year. 
(b) LIMITATION ON ASSISTANCE TO CERTAIN CAN-
DIDATE COUNTRIES.—In a fiscal year in which subpara-
graph (A) of subsection (a)(3) applies with respect to deter-
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mining candidate countries, not more than 20 percent of 
the amounts appropriated to the Millennium Challenge Ac-
count shall be available for assistance to countries that 
would not be candidate countries if subparagraph (B) of 
subsection (a)(3) applied during such year. 
SEC. 307. ELIGIBLE COUNTRY. (a) DETERMINATION 
BY THE BOARD.—The Board shall determine whether a can-
didate country is an eligible country by evaluating the dem-
onstrated commitment of the government of the candidate 
country to—
(1) just and democratic governance, including a 
demonstrated commitment to—
(A) promote political pluralism and the 
rule of law; 
(B) respect human and civil rights; 
(C) protect private property rights; 
(D) encourage transparency and account-
ability of government; and 
(E) limit corruption; 
(2) economic freedom, including a demonstrated 
commitment to economic policies that—
(A) encourage citizens and firms to partici-
pate in global trade and international capital 
markets;
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(B) promote private sector growth and the 
sustainable use of natural resources; and 
(C) strengthen market forces in the econ-
omy; and 
(3) investments in the people of such country, in-
cluding improving the availability of educational op-
portunities and health care for all citizens of such 
country. 
(b) ASSESSING ELIGIBILITY.—
(1) IN GENERAL.—To evaluate the demonstrated 
commitment of a candidate country for the purposes 
of subsection (a), the CEO shall recommend objective 
and quantifiable indicators, to be approved by the 
Board, of a candidate country’s performance with re-
spect to the criteria described in paragraphs (1), (2), 
and (3) of such subsection. In recognition of the essen-
tial role of women in developing countries, the CEO 
shall ensure that such indicators, where appropriate, 
take into account and assess the role of women and 
girls. The approved indicators shall be used in select-
ing eligible countries. 
(2) ANNUAL PUBLICATION OF INDICATORS.—
(A) INITIAL PUBLICATION.—Not later than 
45 days prior to the final publication of indica-
tors under subparagraph (B) in any year, the
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Board shall publish in the Federal Register and 
make available on the Internet the indicators 
that the Board proposes to use for the purposes 
of paragraph (1) in such year. 
(B) FINAL
PUBLICATION.—Not later than 
15 days prior to the selection of eligible countries 
in any year, the Board shall publish in the Fed-
eral Register and make available on the Internet 
the indicators that are to be used for the pur-
poses of paragraph (1) in such year. 
(3) CONSIDERATION OF PUBLIC COMMENT.—The 
Board shall consider any comments on the proposed 
indicators published under paragraph (2)(A) that are 
received within 30 days after the publication of such 
indicators when selecting the indicators to be used for 
the purposes of paragraph (1). 
SEC. 308. ELIGIBLE ENTITY. (a) ASSISTANCE.—Any 
eligible entity may receive assistance under this title to 
carry out a project in an eligible country for the purpose 
of making progress toward achieving an objective of a Mil-
lennium Challenge Contract. 
(b) DETERMINATIONS OF ELIGIBILITY.—The Board 
shall determine whether a person or governmental entity 
is an eligible entity for the purposes of this section.
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(c) ELIGIBLE ENTITIES.—For the purposes of this sec-
tion, an eligible entity is—
(1) a government, including a local or regional 
government; or 
(2) a nongovernmental organization or other pri-
vate entity. 
SEC. 309. MILLENNIUM CHALLENGE CONTRACT. (a) IN 
GENERAL.—The Board shall invite the government of an 
eligible country to enter into a Millennium Challenge Con-
tract with the Corporation. A Millennium Challenge Con-
tract shall establish a multiyear plan for the eligible coun-
try to achieve specific objectives consistent with the purposes 
set out in section 302(b). 
(b) CONTENT.—A Millennium Challenge Contract 
shall include—
(1) specific objectives to be achieved by the eligi-
ble country during the term of the Contract; 
(2) a description of the actions to be taken by the 
government of the eligible country and the United 
States Government for achieving such objectives; 
(3) the role and contribution of private entities, 
nongovernmental organizations, and other organiza-
tions in achieving such objectives; 
(4) a description of beneficiaries, to the extent 
possible disaggregated by gender;
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(5) regular benchmarks for measuring progress 
toward achieving such objectives; 
(6) a schedule for achieving such objectives; 
(7) a schedule of evaluations to be performed to 
determine whether the country is meeting its commit-
ments under the Contract; 
(8) a statement that the Corporation intends to 
consider the eligible country’s performance in achiev-
ing such objectives in making decisions about pro-
viding continued assistance under the Contract; 
(9) the strategy of the eligible country to sustain 
progress made toward achieving such objectives after 
the expiration of the Contract; 
(10) a plan to ensure financial accountability 
for any assistance provided to a person or government 
in the eligible country under this title; and 
(11) a statement that nothing in the Contract 
may be construed to create a legally binding or en-
forceable obligation on the United States Government 
or on the Corporation. 
(c) REQUIREMENT
FOR CONSULTATION.—The Cor-
poration shall seek to ensure that the government of an eli-
gible country consults with private entities and nongovern-
mental organizations in the eligible country for the purpose 
of ensuring that the terms of a Millennium Challenge Con-
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tract entered into by the Corporation and the eligible coun-
try—
(1) reflect the needs of the rural and urban poor 
in the eligible country; and 
(2) provide means to assist poor men and women 
in the eligible country to escape poverty through their 
own efforts. 
(d) REQUIREMENT FOR APPROVAL BY THE BOARD.—
A Millennium Challenge Contract shall be approved by the 
Board before the Corporation enters into the Contract. 
SEC. 310. SUSPENSION OF ASSISTANCE TO AN ELIGI-
BLE COUNTRY. The Secretary of State shall direct the CEO 
to suspend the provision of assistance to an eligible country 
under a Millennium Challenge Contract during any period 
for which such eligible country is ineligible to receive assist-
ance under a provision of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151 et seq.). 
SEC. 311. DISCLOSURE. (a) REQUIREMENT FOR DIS-
CLOSURE.—The Corporation shall make available to the 
public on a continuous basis and on the earliest possible 
date, but not later than 15 days after the information is 
available to the Corporation, the following information: 
(1) A list of the candidate countries determined 
to be eligible countries during any year.
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(2) The text of each Millennium Challenge Con-
tract entered into by the Corporation. 
(3) For assistance provided under this title—
(A) the name of each entity to which assist-
ance is provided; 
(B) the amount of assistance provided to the 
entity; and 
(C) a description of the program or project 
for which assistance was provided. 
(4) For each eligible country, an assessment of—
(A) the progress made during each year by 
an eligible country toward achieving the objec-
tives set out in the Millennium Challenge Con-
tract entered into by the eligible country; and 
(B) the extent to which assistance provided 
under this title has been effective in helping the 
eligible country to achieve such objectives. 
(b) DISSEMINATION.—The information required to be 
disclosed under subsection (a) shall be made available to 
the public by means of publication in the Federal Register 
and posting on the Internet, as well as by any other methods 
that the Board determines appropriate. 
SEC. 312. MILLENNIUM CHALLENGE ASSISTANCE TO 
CANDIDATE
COUNTRIES. 
(a) 
AUTHORITY.—Notwith-
standing any other provision of this title and subject to the
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limitation in subsection (c), the Corporation is authorized 
to provide assistance to a candidate country that meets the 
conditions in subsection (b) for the purpose of assisting such 
country to become an eligible country. 
(b) CONDITIONS.—Assistance under subsection (a) 
may be provided to a candidate country that is not an eligi-
ble country under section 307 because of—
(1) the unreliability of data used to assess its eli-
gibility under section 307; or 
(2) the failure of the government of the candidate 
country to perform adequately with respect to only 1 
of the indicators described in subsection (a) of section 
307. 
(c) LIMITATION.—The total amount of assistance pro-
vided under subsection (a) in a fiscal year may not exceed 
10 percent of the funds made available to the Millennium 
Challenge Account during such fiscal year. 
SEC. 313. ANNUAL REPORT TO CONGRESS. Not later 
than January 31 of each year, the President shall submit 
to Congress a report on the assistance provided under this 
title during the prior fiscal year. The report shall include—
(1) information regarding obligations and ex-
penditures for assistance provided to each eligible 
country in the prior fiscal year;
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(2) a discussion, for each eligible country, of the 
objectives of such assistance; 
(3) a description of the coordination of assist-
ance under this title with other United States foreign 
assistance and related trade policies; 
(4) a description of the coordination of assist-
ance under this title with the contributions of other 
donors; and 
(5) any other information the President con-
siders relevant to assistance provided under this title. 
SEC. 314. POWERS OF THE CORPORATION. (a) POW-
ERS.—The Corporation—
(1) shall have perpetual succession unless dis-
solved by an Act of Congress; 
(2) may adopt, alter, and use a seal, which shall 
be judicially noticed; 
(3) may prescribe, amend, and repeal such rules, 
regulations, and procedures as may be necessary for 
carrying out the functions of the Corporation; 
(4) may make and perform such contracts, 
grants, and other agreements with any person or gov-
ernment however designated and wherever situated, as 
may be necessary for carrying out the functions of the 
Corporation;
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(5) may determine and prescribe the manner in 
which its obligations shall be incurred and its ex-
penses allowed and paid, including expenses for rep-
resentation; 
(6) may lease, purchase, or otherwise acquire, 
improve, and use such real property wherever situ-
ated, as may be necessary for carrying out the func-
tions of the Corporation; 
(7) may accept cash gifts or donations of services 
or of property (real, personal, or mixed), tangible or 
intangible, for the purpose of carrying out the provi-
sions of this title; 
(8) may use the United States mails in the same 
manner and on the same conditions as the executive 
departments of Government; 
(9) may contract with individuals for personal 
services, who shall not be considered Federal employ-
ees for any provision of law administered by the Of-
fice of Personnel Management; 
(10) may hire or obtain passenger motor vehi-
cles; and 
(11) shall have such other powers as may be nec-
essary and incident to carrying out this title. 
(b) CONTRACTING AUTHORITY.—The functions and 
powers authorized by this title may be performed without
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regard to any provision of law regulating the making, per-
formance, amendment, or modification of contracts, grants, 
and other agreements. 
SEC. 315. COORDINATION WITH USAID. (a) REQUIRE-
MENT FOR COORDINATION.—An employee of the Corpora-
tion assigned to a United States diplomatic mission or con-
sular post or a United States Agency for International De-
velopment field mission in a foreign country shall, in a 
manner that is consistent with the authority of the Chief 
of Mission, coordinate the performance of the functions of 
the Corporation in such country with the officer in charge 
of the United States Agency of International Development 
programs located in such country. 
(b) USAID PROGRAMS.—The Administrator of the 
United States Agency for International Development shall 
seek to ensure that appropriate programs of the Agency play 
a primary role in preparing candidate countries to become 
eligible countries under section 307. 
SEC. 316. PRINCIPAL OFFICE. The Corporation shall 
maintain its principal office in the metropolitan area of 
Washington, District of Columbia. 
SEC. 317. PERSONNEL AUTHORITIES. (a) REQUIRE-
MENT TO PRESCRIBE A HUMAN RESOURCES MANAGEMENT 
SYSTEM.—The CEO shall, jointly with the Director of the 
Office of Personnel Management, prescribe regulations that
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establish a human resources management system, including 
a retirement benefits program, for the Corporation. 
(b) RELATIONSHIP TO OTHER LAWS.—
(1) INAPPLICABILITY OF CERTAIN LAWS.—Except 
as provided in paragraph (2), the provisions of title 
5, United States Code, and of the Foreign Service Act 
of 1980 (22 U.S.C. 3901 et seq.) shall not apply to 
the human resource management program established 
pursuant to paragraph (1). 
(2) 
APPLICATION
OF
CERTAIN
LAWS.—The 
human resources management system established pur-
suant to subsection (a) may not waive, modify, or 
otherwise affect the application to employees of the 
Corporation of the following provisions: 
(A) Section 2301 of title 5, United States 
Code. 
(B) Section 2302(b) of such title. 
(C) Chapter 63 of such title (relating to 
leave). 
(D) Chapter 72 of such title (relating to 
antidiscrimination). 
(E) Chapter 73 of such title (relating to 
suitability, security, and conduct). 
(F) Chapter 81 of such title (relating to 
compensation for work injuries).
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(d) COMPENSATION.—
(1) AUTHORITY TO FIX COMPENSATION.—Subject 
to the provisions of paragraph (2), the CEO may fix 
the compensation of employees of the Corporation. 
(2) LIMITATIONS ON COMPENSATION.—The com-
pensation for an employee of the Corporation may 
not exceed the lesser of—
(A) the rate of compensation established 
under title 5, United States Code, or any For-
eign Service law for an employee of the Federal 
Government who holds a position that is com-
parable to the position held by the employee of 
the Corporation; or 
(B) the rate of pay prescribed for level IV 
of the Executive Schedule under section 5315 of 
title 5, United States Code. 
(e) TERM OF EMPLOYMENT.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), no individual may be employed 
by the Corporation for a total period of employment 
that exceeds 5 years. 
(2) EXCEPTED POSITIONS.—The CEO, and not 
more than 3 other employees of the Corporation who 
are designated by the CEO, may be employed by the 
Corporation for an unlimited period of employment.
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(3) WAIVER.—The CEO may waive the max-
imum term of employment described in paragraph (1) 
if the CEO determines that such waiver is essential 
to the achievement of the purposes of this title. 
(f) AUTHORITY FOR TEMPORARY EMPLOYEES.—The 
CEO may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent of 
the annual rate of basic pay prescribed for level V of the 
Executive Schedule under section 5316 of such title. 
(g) DETAIL OF FEDERAL EMPLOYEES TO THE COR-
PORATION.—Any Federal Government employee may be de-
tailed to the Corporation on a fully or partially reimburs-
able or on a nonreimbursable basis, and such detail shall 
be without interruption or loss of civil service or Foreign 
Service status or privilege. 
(h) REINSTATEMENT.—An employee of the Federal 
Government serving under a career or career conditional 
appointment, or the equivalent, in a Federal agency who 
transfers to or converts to an appointment in the Corpora-
tion with the consent of the head of the agency is entitled 
to be returned to the employee’s former position or a posi-
tion of like seniority, status, and pay without grade or pay 
reduction in the agency if the employee—
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(1) is being separated from the Corporation for 
reasons other than misconduct, neglect of duty, or 
malfeasance; and 
(2) applies for return to the agency not later 
than 30 days before the date of the termination of the 
employment in the Corporation. 
SEC. 318. PERSONNEL OUTSIDE THE UNITED STATES. 
(a) ASSIGNMENT TO UNITED STATES EMBASSIES.—An em-
ployee of the Corporation, including an individual detailed 
to or contracted by the Corporation, may be assigned to 
a United States diplomatic mission or consular post or a 
United States Agency for International Development field 
mission. 
(b) PRIVILEGES AND IMMUNITIES.—The Secretary of 
State shall seek to ensure that an employee of the Corpora-
tion, including an individual detailed to or contracted by 
the Corporation, and the members of the family of such em-
ployee, while the employee is performing duties in any 
country or place outside the United States, enjoy the privi-
leges and immunities that are enjoyed by a member of the 
Foreign Service, or the family of a member of the Foreign 
Service, as appropriate, of comparable rank and salary of 
such employee, if such employee or a member of the family 
of such employee is not a national of or permanently resi-
dent in such country or place.
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(c) RESPONSIBILITY OF CHIEF OF MISSION.—An em-
ployee of the Corporation, including an individual detailed 
to or contracted by the Corporation, and a member of the 
family of such employee, shall be subject to section 207 of 
the Foreign Service Act of 1980 (22 U.S.C. 3927) in the 
same manner as United States Government employees while 
the employee is performing duties in any country or place 
outside the United States if such employee or member of 
the family of such employee is not a national of or perma-
nently resident in such country or place. 
SEC. 319. USE OF SERVICES OF OTHER AGENCIES. 
The Corporation may utilize the information services, fa-
cilities and personnel of, or procure commodities from, any 
agency of the United States Government on a fully or par-
tially reimbursable or nonreimbursable basis under such 
terms and conditions as may be agreed to by the head of 
such agency and the Corporation for carrying out this title. 
SEC. 320. ADMINISTRATIVE AUTHORITIES. The Cor-
poration is authorized to use any of the administrative au-
thorities contained in the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 2651a et seq.) and the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) unless such 
authority is inconsistent with a provision of this title.
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SEC. 321. APPLICABILITY OF CHAPTER 91 OF TITLE 
31, UNITED STATES CODE. The Corporation shall be subject 
to chapter 91 of title 31, United States Code. 
SEC. 322. ESTABLISHMENT
OF
THE MILLENNIUM 
CHALLENGE ACCOUNT. There is established on the books of 
the Treasury an account to be known as the Millennium 
Challenge Account that shall be administered by the CEO 
under the direction of the Board. All amounts made avail-
able to carry out the provisions of this title shall be depos-
ited into such Account and such amounts shall be available 
to carry out such provisions. 
SEC. 323. AUTHORIZATION OF APPROPRIATIONS. (a) 
IN GENERAL.—There are authorized to be appropriated to 
carry out the provisions of this title $1,000,000,000 for fis-
cal year 2004, $2,300,000,000 for fiscal year 2005, and 
$5,000,000,000 for fiscal year 2006. 
(b) AVAILABILITY.—Funds appropriated under sub-
section (a)—
(1) are authorized to remain available until ex-
pended, subject to appropriations acts; and 
(2) are in addition to funds otherwise available 
for such purposes. 
(c) ALLOCATION OF FUNDS.—
(1) IN GENERAL.—The Corporation may allocate 
or transfer to any agency of the United States Gov-
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ernment any of the funds available for carrying out 
this title. Such funds shall be available for obligation 
and expenditure for the purposes for which author-
ized, in accordance with authority granted in this 
title or under authority governing the activities of the 
agencies of the United States Government to which 
such funds are allocated or transferred. 
(2) NOTIFICATION.—The notification require-
ments of section 634A(a) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2394–1(a)) shall apply to any 
allocation or transfer of funds made pursuant to 
paragraph (1). 
SEC. 324. APPROPRIATIONS. (a) IN GENERAL.—There 
is hereby appropriated $1,000,000,000 for fiscal year 2004, 
to remain available until expended, to carry out the provi-
sions of this title to provide assistance for countries that 
have demonstrated commitment to—
(1) just and democratic governance; 
(2) economic freedom; and 
(3) investing in the well-being of their own peo-
ple. 
(b) NOTIFICATION.—Funds appropriated under this 
title shall be available for obligation only pursuant to the 
regular notification procedures of the Committees on Appro-
priations.
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TITLE IV—MILITARY ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
INTERNATIONAL MILITARY EDUCATION AND TRAINING 
For necessary expenses to carry out the provisions of 
section 541 of the Foreign Assistance Act of 1961, 
$91,700,000, of which up to $3,000,000 may remain avail-
able 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 mem-
bers 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 avail-
able for expanded international military education and 
training, and funds made available for Algeria, Cambodia, 
Nigeria and Guatemala may only be provided through the 
regular notification procedures of the Committees on Appro-
priations. 
FOREIGN MILITARY FINANCING PROGRAM 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for grants to enable the Presi-
dent to carry out the provisions of section 23 of the Arms 
Export Control Act, $4,384,000,000: Provided, That of the 
funds appropriated under this heading, not less than 
$2,160,000,000 shall be available for grants only for Israel,
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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 fur-
ther, That to the extent that the Government of Israel re-
quests that funds be used for such purposes, grants made 
available for Israel by this paragraph shall, as agreed by 
Israel and the United States, be available for advanced 
weapons systems, of which not less than $568,000,000 shall 
be available for the procurement in Israel of defense articles 
and defense services, including research and development: 
Provided further, That of the funds appropriated by this 
paragraph, $206,000,000 shall be made available for assist-
ance for Jordan: Provided further, That of the funds appro-
priated by this paragraph, $27,000,000 shall be made avail-
able for assistance for Poland: Provided further, That of the 
funds appropriated by this paragraph, $2,500,000 shall be 
made available for assistance for Armenia: Provided fur-
ther, That of the funds appropriated by this paragraph, 
$15,000,000 shall be transferred to and merged with funds 
appropriated under the heading ‘‘Nonproliferation, Anti-
Terrorism, Demining and Related Programs’’, and made 
available, in addition to amounts otherwise available for 
such purposes, as follows: $10,000,000, to remain available 
until expended, shall be made available to carry out the
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provisions of section 504 of the FREEDOM Support Act 
for the Nonproliferation and Disarmament Fund, notwith-
standing any other provision of law, to promote bilateral 
and multilateral activities relating to nonproliferation and 
disarmament; $2,000,000 shall be made available to carry 
out the provisions of chapter 8 of part II of the Foreign 
Assistance Act of 1961 for the Small Arms/Light Weapons 
Destruction program; and $3,000,000 shall be made avail-
able as an additional contribution to the International 
Atomic Energy Agency: Provided further, That of the funds 
appropriated by this paragraph, not less than $17,000,000 
shall be transferred to and merged with funds appropriated 
under the heading ‘‘Andean Counterdrug Initiative’’ and 
made available for aircraft and related assistance for the 
Colombian National Police: Provided further, That funds 
appropriated by this paragraph shall be nonrepayable not-
withstanding any requirement in section 23 of the Arms 
Export Control Act: Provided further, That funds made 
available under this paragraph shall be obligated upon ap-
portionment 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 arti-
cles, defense services, or design and construction services 
that are not sold by the United States Government under
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the Arms Export Control Act unless the foreign country pro-
posing to make such procurements has first signed an agree-
ment with the United States Government specifying the 
conditions under which such procurements may be financed 
with such funds: Provided, That all country and funding 
level increases in allocations shall be submitted through the 
regular notification procedures of section 615 of this Act: 
Provided further, That none of the funds appropriated 
under this heading shall be available for assistance for 
Sudan, Guatemala and Liberia: Provided further, That 
funds made available under this heading may be used, not-
withstanding any other provision of law, for demining, the 
clearance of unexploded ordnance, and related activities, 
and may include activities implemented through non-
governmental and international organizations: Provided 
further, That the authority contained in the previous pro-
viso or any other provision of law relating to the use of 
funds for programs under this heading, including provi-
sions contained in previously enacted appropriations Acts, 
shall not apply to activities relating to the clearance of 
unexploded ordnance resulting from United States Armed 
Forces testing or training exercises: Provided further, That 
the previous proviso shall not apply to San Jose Island, 
Republic of Panama: Provided further, That only those 
countries for which assistance was justified for the ‘‘Foreign
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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 head-
ing shall be expended at the minimum rate necessary to 
make timely payment for defense articles and services: Pro-
vided further, That not more than $40,500,000 of the funds 
appropriated under this heading may be obligated for nec-
essary 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 as-
sistance 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 obli-
gated 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
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Federal Reserve Bank of New York within 30 days of enact-
ment of this Act. 
PEACEKEEPING OPERATIONS 
For necessary expenses to carry out the provisions of 
section 551 of the Foreign Assistance Act of 1961, 
$84,900,000: Provided, That none of the funds appropriated 
under this heading shall be obligated or expended except as 
provided through the regular notification procedures of the 
Committees on Appropriations. 
TITLE V—MULTILATERAL ECONOMIC 
ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
INTERNATIONAL FINANCIAL INSTITUTIONS 
GLOBAL ENVIRONMENT FACILITY 
For the United States contribution for the Global En-
vironment Facility, $170,997,000 to the International Bank 
for Reconstruction and Development as trustee for the Glob-
al 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 Asso-
ciation by the Secretary of the Treasury, $976,825,000, to 
remain available until expended.
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CONTRIBUTION TO THE MULTILATERAL INVESTMENT 
GUARANTEE AGENCY 
For payment to the Multilateral Investment Guarantee 
Agency by the Secretary of the Treasury, $1,124,000, for 
the United States paid-in share of the increase in capital 
stock, to remain available until expended. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the Multilateral Invest-
ment 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 ex-
ceed $16,340,000. 
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT 
CORPORATION 
For payment to the Inter-American Investment Cor-
poration, by the Secretary of the Treasury, $898,000, for 
the United States share of the increase in subscriptions to 
capital stock, to remain available until expended. 
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS 
MULTILATERAL INVESTMENT FUND 
For payment to the Enterprise for the Americas Multi-
lateral Investment Fund by the Secretary of the Treasury, 
for the United States contribution to the fund, $30,614,000, 
to remain available until expended.
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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 Develop-
ment Bank Act, as amended, $136,921,000, to remain 
available until expended. 
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK 
For payment to the African Development Bank by the 
Secretary of the Treasury, $5,105,000, for the United States 
paid-in share of the increase in capital stock, to remain 
available until expended. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the African Develop-
ment Bank may subscribe without fiscal year limitation for 
the callable capital portion of the United States share of 
such capital stock in an amount not to exceed $79,610,000. 
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND 
For the United States contribution by the Secretary 
of the Treasury to the increase in resources of the African 
Development Fund, $118,081,000, to remain available until 
expended. 
CONTRIBUTION TO THE EUROPEAN BANK FOR 
RECONSTRUCTION AND DEVELOPMENT 
For payment to the European Bank for Reconstruction 
and Development by the Secretary of the Treasury, 
$35,431,000, for the United States share of the paid-in por-
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tion 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 fis-
cal year limitation to the callable capital portion of the 
United States share of such capital stock in an amount not 
to exceed $122,085,000. 
CONTRIBUTION TO THE INTERNATIONAL FUND FOR 
AGRICULTURAL DEVELOPMENT 
For the United States contribution by the Secretary 
of the Treasury to increase the resources of the International 
Fund for Agricultural Development, $15,004,000, to remain 
available until expended. 
INTERNATIONAL ORGANIZATIONS AND PROGRAMS 
For necessary expenses to carry out the provisions of 
section 301 of the Foreign Assistance Act of 1961, and of 
section 2 of the United Nations Environment Program Par-
ticipation Act of 1973, $322,550,000: Provided, That of the 
funds appropriated under this heading, $120,000,000 shall 
be made available for a contribution to the United Nations 
Children’s Fund, $11,428,500 shall be made available for 
a contribution to the United Nations Environment Pro-
gram, $5,465,875 shall be made available for the United 
Nations Voluntary Fund for Victims of Torture, $3,621,250 
shall be made available for the Organization of American
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States Fund for Strengthening Democracy, $1,937,975 shall 
be made available for International Contributions for Sci-
entific, Educational and Cultural Activities, $1,000,000 
shall be made available for the United Nations Center for 
Human Settlements, $1,500,000 shall be made available for 
the United Nations Fund for Human Rights, $6,732,750 
shall be made available for International Conservation Pro-
grams, and $5,600,000 shall be made available for the 
Intergovernmental Panel on Climate Change/United Na-
tions Framework Convention on Climate Change: Provided 
further, That none of the funds appropriated under this 
heading may be made available to the International Atomic 
Energy Agency (IAEA). 
TITLE VI—GENERAL PROVISIONS 
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY 
SEC. 601. Except for the appropriations entitled 
‘‘International Disaster Assistance’’ and ‘‘United States 
Emergency Refugee and Migration Assistance Fund’’, not 
more than 15 percent of any appropriation item made 
available by this Act shall be obligated during the last 
month of availability. 
PRIVATE AND VOLUNTARY ORGANIZATIONS 
SEC. 602. (a) None of the funds appropriated or other-
wise made available by this Act for development assistance 
may be made available to any United States private and 
voluntary organization, except any cooperative development
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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 Inter-
national Development, after informing the Committees on 
Appropriations, may, on a case-by-case basis, waive the re-
striction contained in this subsection, after taking into ac-
count the effectiveness of the overseas development activities 
of the organization, its level of volunteer support, its finan-
cial viability and stability, and the degree of its dependence 
for its financial support on the agency. 
(b) Funds appropriated or otherwise made available 
under title II of this Act should be made available to private 
and voluntary organizations at a level which is at least 
equivalent to the level provided in fiscal year 1995. 
LIMITATION ON RESIDENCE EXPENSES 
SEC. 603. Of the funds appropriated or made available 
pursuant to this Act, not to exceed $100,500 shall be for 
official residence expenses of the United States Agency for 
International Development during the current fiscal year: 
Provided, That appropriate steps shall be taken to assure 
that, to the maximum extent possible, United States-owned 
foreign currencies are utilized in lieu of dollars. 
LIMITATION ON EXPENSES 
SEC. 604. Of the funds appropriated or made available 
pursuant to this Act, not to exceed $5,000 shall be for enter-
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by this Act under the heading ‘‘Trade and Development 
Agency’’, not to exceed $2,000 shall be available for rep-
resentation and entertainment allowances. 
PROHIBITION ON FINANCING NUCLEAR GOODS 
SEC. 606. None of the funds appropriated or made 
available (other than funds for ‘‘Nonproliferation, Anti-ter-
rorism, Demining and Related Programs’’) pursuant to this 
Act, for carrying out the Foreign Assistance Act of 1961, 
may be used, except for purposes of nuclear safety, to fi-
nance the export of nuclear equipment, fuel, or technology. 
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN 
COUNTRIES 
SEC. 607. None of the funds appropriated or otherwise 
made available pursuant to this Act shall be obligated or 
expended to finance directly any assistance or reparations 
to Cuba, Libya, North Korea, Iran, Sudan, or Syria: Pro-
vided, That, for the purposes of section 501 of Public Law 
106–570, the terms ‘‘areas outside of control of the Govern-
ment of Sudan’’ and ‘‘area in Sudan outside of control of 
the Government of Sudan’’ shall, upon conclusion of a peace 
agreement between the Government of Sudan and the Sudan 
People’s Liberation Movement, have the same meaning and 
application as was the case immediately prior to the con-
clusion of such agreement: Provided further, That for pur-
poses of this section, the prohibition on obligations or ex-
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penditures shall include direct loans, credits, insurance and 
guarantees of the Export-Import Bank or its agents. 
MILITARY COUPS 
SEC. 608. None of the funds appropriated or otherwise 
made available pursuant to this Act shall be obligated or 
expended to finance directly any assistance to the govern-
ment of any country whose duly elected head of government 
is deposed by decree or military coup: Provided, That as-
sistance may be resumed to such government if the Presi-
dent determines and certifies to the Committees on Appro-
priations that subsequent to the termination of assistance 
a democratically elected government has taken office: Pro-
vided further, That the provisions of this section shall not 
apply to assistance to promote democratic elections or pub-
lic participation in democratic processes: Provided further, 
That funds made available pursuant to the previous pro-
visos shall be subject to the regular notification procedures 
of the Committees on Appropriations. 
TRANSFERS 
SEC. 609. (a) TRANSFERS BETWEEN ACCOUNTS.— 
None of the funds made available by this Act may be obli-
gated 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 For-
eign Assistance Act of 1961 to transfer funds, consults with
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and provides a written policy justification to the Commit-
tees on Appropriations of the House of Representatives and 
the Senate. 
(b) AUDIT
OF
INTER-AGENCY
TRANSFERS.—Any 
agreement for the transfer or allocation of funds appro-
priated 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 agen-
cy receiving the transfer or allocation of such funds shall 
perform periodic program and financial audits of the use 
of such funds: Provided, That funds transferred under such 
authority may be made available for the cost of such audits. 
DEOBLIGATION/REOBLIGATION AUTHORITY 
SEC. 610. Obligated balances of funds appropriated to 
carry out section 23 of the Arms Export Control Act as 
of the end of the fiscal year immediately preceding the cur-
rent fiscal year are, if deobligated, hereby continued avail-
able during the current fiscal year for the same purpose 
under any authority applicable to such appropriations 
under this Act: Provided, That the authority of this section 
may not be used in fiscal year 2004.
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AVAILABILITY OF FUNDS 
SEC. 611. No part of any appropriation contained in 
this Act shall remain available for obligation after the expi-
ration of the current fiscal year unless expressly so provided 
in this Act: Provided, That funds appropriated for the pur-
poses 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 East-
ern 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 provi-
sion of this Act, any funds made available for the purposes 
of chapter 1 of part I and chapter 4 of part II of the Foreign 
Assistance Act of 1961 which are allocated or obligated for 
cash disbursements in order to address balance of payments 
or economic policy reform objectives, shall remain available 
until expended. 
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 
SEC. 612. No part of any appropriation contained in 
this Act shall be used to furnish assistance to the govern-
ment of any country which is in default during a period 
in excess of one calendar year in payment to the United
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States of principal or interest on any loan made to the gov-
ernment of such country by the United States pursuant to 
a program for which funds are appropriated under this Act 
unless the President determines, following consultations 
with the Committees on Appropriations, that assistance to 
such country is in the national interest of the United States. 
COMMERCE AND TRADE 
SEC. 613. (a) None of the funds appropriated or made 
available pursuant to this Act for direct assistance and 
none of the funds otherwise made available pursuant to this 
Act to the Export-Import Bank and the Overseas Private 
Investment Corporation shall be obligated or expended to 
finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of 
any commodity for export by any country other than the 
United States, if the commodity is likely to be in surplus 
on world markets at the time the resulting productive ca-
pacity 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.
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(b) None of the funds appropriated by this or any other 
Act to carry out chapter 1 of part I of the Foreign Assist-
ance Act of 1961 shall be available for any testing or breed-
ing feasibility study, variety improvement or introduction, 
consultancy, publication, conference, or training in connec-
tion with the growth or production in a foreign country 
of an agricultural commodity for export which would com-
pete with a similar commodity grown or produced in the 
United States: Provided, That this subsection shall not pro-
hibit—
(1) activities designed to increase food security 
in developing countries where such activities will not 
have a significant impact on the export of agricul-
tural commodities of the United States; or 
(2) research activities intended primarily to ben-
efit American producers. 
SURPLUS COMMODITIES 
SEC. 614. The Secretary of the Treasury shall instruct 
the United States Executive Directors of the International 
Bank for Reconstruction and Development, the Inter-
national Development Association, the International Fi-
nance 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
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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 avail-
able 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 substan-
tial injury to United States producers of the same, similar, 
or competing commodity. 
NOTIFICATION REQUIREMENTS 
SEC. 615. For the purposes of providing the executive 
branch with the necessary administrative flexibility, none 
of the funds made available under this Act for ‘‘Child Sur-
vival and Health Programs Fund’’, ‘‘Development Assist-
ance’’, ‘‘International Organizations and Programs’’, 
‘‘Trade and Development Agency’’, ‘‘International Nar-
cotics 
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-ter-
rorism, Demining and Related Programs’’, ‘‘Foreign Mili-
tary Financing Program’’, ‘‘International Military Edu-
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cation and Training’’, ‘‘Peace Corps’’, and ‘‘Migration and 
Refugee Assistance’’, shall be available for obligation for ac-
tivities, 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 Con-
gress are previously notified 15 days in advance: Provided, 
That the President shall not enter into any commitment 
of funds appropriated for the purposes of section 23 of the 
Arms Export Control Act for the provision of major defense 
equipment, other than conventional ammunition, or other 
major defense items defined to be aircraft, ships, missiles, 
or combat vehicles, not previously justified to Congress or 
20 percent in excess of the quantities justified to Congress 
unless the Committees on Appropriations are notified 15 
days in advance of such commitment: Provided further, 
That this section shall not apply to any reprogramming 
for an activity, program, or project under chapter 1 of part 
I of the Foreign Assistance Act of 1961 of less than 10 per-
cent of the amount previously justified to the Congress for 
obligation for such activity, program, or project for the cur-
rent 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
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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 congres-
sional 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 emer-
gency circumstances. 
LIMITATION ON AVAILABILITY OF FUNDS FOR 
INTERNATIONAL ORGANIZATIONS AND PROGRAMS 
SEC. 616. Subject to the regular notification proce-
dures of the Committees on Appropriations, funds appro-
priated under this Act or any previously enacted Act mak-
ing appropriations for foreign operations, export financing, 
and related programs, which are returned or not made 
available for organizations and programs because of the im-
plementation of section 307(a) of the Foreign Assistance Act 
of 1961, shall remain available for obligation until Sep-
tember 30, 2005. 
INDEPENDENT STATES OF THE FORMER SOVIET UNION 
SEC. 617. (a) None of the funds appropriated under 
the heading ‘‘Assistance for the Independent States of the
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Former Soviet Union’’ shall be made available for assist-
ance 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 for-
eign 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 as-
sets, investments, or ventures. 
Assistance may be furnished without regard to this sub-
section 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 govern-
ment 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
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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 environ-
ment and natural resources) of the Foreign Assistance Act 
of 1961. 
(f) Funds appropriated in this or prior appropriations 
Acts that are or have been made available for an Enterprise 
Fund in the Independent States of the Former Soviet Union 
may be deposited by such Fund in interest-bearing accounts 
prior to the disbursement of such funds by the Fund for 
program purposes. The Fund may retain for such program 
purposes any interest earned on such deposits without re-
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turning such interest to the Treasury of the United States 
and without further appropriation by the Congress. Funds 
made available for Enterprise Funds shall be expended at 
the minimum rate necessary to make timely payment for 
projects and activities. 
(g) In issuing new task orders, entering into contracts, 
or making grants, with funds appropriated in this Act or 
prior appropriations Acts under the heading ‘‘Assistance 
for the Independent States of the Former Soviet Union’’ and 
under comparable headings in prior appropriations Acts, 
for projects or activities that have as one of their primary 
purposes the fostering of private sector development, the Co-
ordinator for United States Assistance to the New Inde-
pendent States and the implementing agency shall encour-
age the participation of and give significant weight to con-
tractors and grantees who propose investing a significant 
amount of their own resources (including volunteer services 
and in-kind contributions) in such projects and activities. 
PROHIBITION ON FUNDING FOR ABORTIONS AND 
INVOLUNTARY STERILIZATION 
SEC. 618. None of the funds made available to carry 
out part I of the Foreign Assistance Act of 1961, as amend-
ed, 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
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of 1961, as amended, may be used to pay for the perform-
ance 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 bio-
medical research which relates in whole or in part, to meth-
ods of, or the performance of, abortions or involuntary steri-
lization 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 abor-
tions and involuntary sterilizations. 
EXPORT FINANCING TRANSFER AUTHORITIES 
SEC. 619. Not to exceed 5 percent of any appropriation 
other than for administrative expenses made available for 
fiscal year 2004, for programs under title I of this Act may 
be transferred between such appropriations for use for any 
of the purposes, programs, and activities for which the 
funds in such receiving account may be used, but no such 
appropriation, except as otherwise specifically provided, 
shall be increased by more than 25 percent by any such 
transfer: Provided, That the exercise of such authority shall
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be subject to the regular notification procedures of the Com-
mittees on Appropriations. 
SPECIAL NOTIFICATION REQUIREMENTS 
SEC. 620. None of the funds appropriated by this Act 
shall be obligated or expended for Colombia, Liberia, Ser-
bia, Sudan, Zimbabwe, Pakistan, or the Democratic Repub-
lic of the Congo except as provided through the regular noti-
fication procedures of the Committees on Appropriations. 
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 
SEC. 621. For the purpose of this Act, ‘‘program, 
project, and activity’’ shall be defined at the appropriations 
Act account level and shall include all appropriations and 
authorizations Acts earmarks, ceilings, and limitations 
with the exception that for the following accounts: Economic 
Support Fund and Foreign Military Financing Program, 
‘‘program, project, and activity’’ shall also be considered 
to include country, regional, and central program level 
funding within each such account; for the development as-
sistance accounts of the United States Agency for Inter-
national Development ‘‘program, project, and activity’’ 
shall also be considered to include central, country, re-
gional, 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
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Act, as required by section 653(a) of the Foreign Assistance 
Act of 1961. 
CHILD SURVIVAL AND HEALTH ACTIVITIES 
SEC. 622. Up to $15,500,000 of the funds made avail-
able by this Act for assistance under the heading ‘‘Child 
Survival and Health Programs Fund’’, may be used to re-
imburse United States Government agencies, agencies of 
State governments, institutions of higher learning, and pri-
vate and voluntary organizations for the full cost of indi-
viduals (including for the personal services of such individ-
uals) detailed or assigned to, or contracted by, as the case 
may be, the United States Agency for International Devel-
opment 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 ‘‘De-
velopment Assistance’’ may be used to reimburse such agen-
cies, institutions, and organizations for such costs of such 
individuals carrying out other development assistance ac-
tivities: Provided further, That funds appropriated by this 
Act that are made available for child survival activities or 
disease programs including activities relating to research 
on, and the prevention, treatment and control of, HIV/
AIDS may be made available notwithstanding any other 
provision of law except for the United States Leadership 
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 
(117 Stat. 711; 22 U.S.C. 7601 et seq.) as amended by sec-
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tion 699J of this Act: Provided further, That funds appro-
priated under title II of this Act may be made available 
pursuant to section 301 of the Foreign Assistance Act of 
1961 if a primary purpose of the assistance is for child 
survival and related programs: Provided further, That of 
the funds appropriated under title II of this Act, not less 
than $445,000,000 shall be made available for family plan-
ning/reproductive health. 
AFGHANISTAN 
SEC. 623. Of the funds appropriated by this Act, 
$600,000,000 shall be made available for assistance for Af-
ghanistan, of which not less than $395,000,000 shall be 
made available for humanitarian, reconstruction, and re-
lated assistance: Provided, That of the funds made available 
pursuant to this section, not less than $164,000,000 should 
be from funds appropriated under the heading ‘‘Economic 
Support Fund’’ for rehabilitation of primary roads, imple-
mentation of the Bonn Agreement and women’s develop-
ment programs: Provided further, That of the funds made 
available pursuant to this section, not less than $5,000,000 
shall be made available for a reforestation program in Af-
ghanistan which should utilize, as appropriate, the tech-
nical expertise of American universities: Provided further, 
That funds made available pursuant to the previous proviso 
should be matched, to the maximum extent possible, with 
contributions from American and Afghan businesses: Pro-
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vided further, That of the funds made available pursuant 
to this section, not less than $4,500,000 shall be made avail-
able for the Afghan Independent Human Rights Commis-
sion and not less than $2,500,000 shall be made available 
for the Afghan Judicial Reform Commission: Provided fur-
ther, That of the funds made available pursuant to this sec-
tion, not less than $25,000,000 shall be made available to 
support activities of the Afghan Ministry of Women’s Af-
fairs, including to improve the capacity and effectiveness 
of the Ministry, and to support programs aimed at address-
ing the needs of Afghan women in consultation with other 
Afghan ministries: Provided further, That funds made 
available pursuant to this section shall be made available 
for training and equipment to improve the capacity of 
women-led Afghan nongovernmental organizations and to 
support the activities of such organizations: Provided fur-
ther, That not less than $2,500,000 shall be made available 
for assistance for Afghan communities and families that 
suffer losses as a result of the military operations. 
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT 
SEC. 624. Prior to providing excess Department of De-
fense articles in accordance with section 516(a) of the For-
eign 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 pur-
suant to subsection (f) of that section: Provided, That before
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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 accord-
ance with the regular notification procedures of such Com-
mittees 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 ar-
ticles: Provided further, That such Committees shall also be 
informed of the original acquisition cost of such defense ar-
ticles. 
AUTHORIZATION REQUIREMENT 
SEC. 625. Funds appropriated by this Act, except 
funds appropriated under the headings ‘‘Trade and Devel-
opment Agency’’, ‘‘International Military Education and 
Training’’, ‘‘Foreign Military Financing Program’’, ‘‘Mi-
gration and Refugee Assistance’’, ‘‘Peace Corps’’, ‘‘Millen-
nium Challenge Assistance’’, and ‘‘Nonproliferation, Anti-
Terrorism, Demining and Related Programs’’, may be obli-
gated and expended notwithstanding section 10 of Public 
Law 91–672 and section 15 of the State Department Basic 
Authorities Act of 1956.
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DEMOCRACY PROGRAMS 
SEC. 626. (a) Notwithstanding any other provision of 
law, of the funds appropriated by this Act to carry out the 
provisions of chapter 4 of part II of the Foreign Assistance 
Act of 1961, not less than $35,000,000 shall be made avail-
able for assistance for activities to support democracy, 
human rights, and the rule of law in the People’s Republic 
of China, Hong Kong and Tibet: Provided, That not to ex-
ceed $4,000,000 shall be provided to nongovernmental orga-
nizations to support activities which preserve cultural tra-
ditions and promote sustainable development and environ-
mental conservation in Tibetan communities in the Tibetan 
Autonomous Region and in other Tibetan communities in 
China, of which up to $3,000,000 may be made available 
for the Bridge Fund of the Rockefeller Philanthropic Advi-
sors to support such activities: Provided further, That funds 
appropriated under the heading ‘‘Economic Support Fund’’ 
should be made available for assistance for Taiwan for the 
purposes of furthering political and legal reforms: Provided 
further, That such funds shall only be made available to 
the extent that they are matched from sources other than 
the United States Government: Provided further, That 
funds made available pursuant to the authority of this sub-
section shall be subject to the regular notification procedures 
of the Committees on Appropriations.
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(b) In addition to the funds made available in sub-
section (a), of the funds appropriated by this Act under the 
heading ‘‘Economic Support Fund’’ not less than 
$25,000,000 shall be made available for programs and ac-
tivities to foster democracy, human rights, civic education, 
women’s development, press freedoms, and the rule of law 
in countries with a significant Muslim population, and 
where such programs and activities would be important to 
United States efforts to respond to, deter, or prevent acts 
of international terrorism: Provided, That funds made 
available pursuant to the authority of this subsection should 
support new initiatives or bolster ongoing programs and 
activities in those countries: Provided further, That not less 
than $3,000,000 of such funds shall be made available for 
programs and activities that provide professional training 
for journalists: Provided further, That notwithstanding any 
other provision of law, not to exceed $5,000,000 of such 
funds may be used in coordination with the Middle East 
Partnership Initiative for making grants to educational, 
humanitarian and nongovernmental organizations and in-
dividuals inside Iran to support the advancement of democ-
racy and human rights in Iran: Provided further, That 
funds made available pursuant to this subsection shall be 
subject to the regular notification procedures of the Commit-
tees on Appropriations.
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(c) Of the funds made available under subsection (a), 
not less than $15,000,000 shall be made available for the 
Human Rights and Democracy Fund of the Bureau of De-
mocracy, Human Rights and Labor, Department of State, 
to support the activities described in subsection (a), and 
of the funds made available under subsection (b), not less 
than $15,000,000 shall be made available for such Fund 
to support the activities described in subsection (b): Pro-
vided, That funds made available in this section for such 
Fund are in addition to the $17,000,000 requested by the 
President for the Fund for fiscal year 2004. 
(d) Of the funds made available under subsection (a), 
not less than $10,000,000 shall be made available for the 
National Endowment for Democracy to support the activi-
ties described in subsection (a), and of the funds made 
available under subsection (b), not less than $5,000,000 
shall be made available for the National Endowment for 
Democracy to support the activities described in subsection 
(b): Provided, That the funds appropriated by this Act that 
are made available for the National Endowment for Democ-
racy may be made available notwithstanding any other 
provision of law or regulation, and the Secretary of State 
shall provide a report to the Committees on Appropriations 
within 120 days of the date of enactment of this Act on
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the status of the allocation, obligation, and expenditure of 
such funds. 
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST 
COUNTRIES 
SEC. 627. (a) Funds appropriated for bilateral assist-
ance 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 in-
dividual or group which has committed an act of 
international terrorism; or 
(2) otherwise supports international terrorism. 
(b) The President may waive the application of sub-
section (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 Fed-
eral 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 ac-
cordance with the regular notification procedures of the 
Committees on Appropriations. 
DEBT-FOR-DEVELOPMENT 
SEC. 628. In order to enhance the continued participa-
tion of nongovernmental organizations in economic assist-
ance activities under the Foreign Assistance Act of 1961,
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including endowments, debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which 
is a grantee or contractor of the United States Agency for 
International Development may place in interest bearing 
accounts funds made available under this Act or prior Acts 
or local currencies which accrue to that organization as a 
result of economic assistance provided under title II of this 
Act and any interest earned on such investment shall be 
used for the purpose for which the assistance was provided 
to that organization. 
SEPARATE ACCOUNTS 
SEC. 629. (a) SEPARATE ACCOUNTS FOR LOCAL CUR-
RENCIES.—(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 govern-
ment which sets forth—
(i) the amount of the local currencies to be 
generated; and
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(ii) the terms and conditions under which 
the currencies so deposited may be utilized, con-
sistent 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 disburse-
ments from the separate account. 
(2) USES OF LOCAL CURRENCIES.—As may be agreed 
upon with the foreign government, local currencies depos-
ited 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 cur-
rencies disbursed pursuant to subsection (a)(2)(A) from the
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separate account established pursuant to subsection (a)(1) 
are used for the purposes agreed upon pursuant to sub-
section (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 require-
ments 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 equiva-
lent) used and/or to be used for such purpose in each appli-
cable country. 
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) 
If assistance is made available to the government of a for-
eign country, under chapter 1 or 10 of part I or chapter 
4 of part II of the Foreign Assistance Act of 1961, as cash
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transfer assistance or as nonproject sector assistance, that 
country shall be required to maintain such funds in a sepa-
rate 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 obli-
gating any such cash transfer or nonproject sector assist-
ance, the President shall submit a notification through the 
regular notification procedures of the Committees on Appro-
priations, 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 de-
scription of the economic policy reforms that will be pro-
moted 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.
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COMPENSATION FOR UNITED STATES EXECUTIVE 
DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS 
SEC. 630. (a) No funds appropriated by this Act may 
be made as payment to any international financial institu-
tion while the United States Executive Director to such in-
stitution 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 occu-
pying 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 finan-
cial institutions’’ are: the International Bank for Recon-
struction and Development, the Inter-American Develop-
ment Bank, the Asian Development Bank, the Asian Devel-
opment 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.
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DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN 
THE RUSSIAN FEDERATION 
SEC. 631. None of the funds appropriated under this 
Act may be made available for the Government of the Rus-
sian Federation, after 180 days from the date of the enact-
ment of this Act, unless the President determines and cer-
tifies in writing to the Committees on Appropriations that 
the Government of the Russian Federation has implemented 
no statute, executive order, regulation or similar govern-
ment action that would discriminate, or who have as its 
principal effect discrimination, against religious groups or 
religious communities in the Russian Federation in viola-
tion of accepted international agreements on human rights 
and religious freedoms to which the Russian Federation is 
a party. 
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN 
FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION 
SEC. 632. Unless expressly provided to the contrary, 
provisions of this or any other Act, including provisions 
contained in prior Acts authorizing or making appropria-
tions for foreign operations, export financing, and related 
programs, shall not be construed to prohibit activities au-
thorized by or conducted under the Peace Corps Act, the 
Inter-American Foundation Act or the African Develop-
ment Foundation Act. The agency shall promptly report to 
the Committees on Appropriations whenever it is con-
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ducting activities or is proposing to conduct activities in 
a country for which assistance is prohibited. 
IMPACT ON JOBS IN THE UNITED STATES 
SEC. 633. None of the funds appropriated by this Act 
may be obligated or expended to provide—
(a) any financial incentive to a business enter-
prise currently located in the United States for the 
purpose of inducing such an enterprise to relocate 
outside the United States if such incentive or induce-
ment is likely to reduce the number of employees of 
such business enterprise in the United States because 
United States production is being replaced by such 
enterprise outside the United States; or 
(b) assistance for any program, project, or activ-
ity 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 sec-
tion 507(4) (D) and (E) of such Act should be com-
mensurate with the level of development of the recipi-
ent country and sector, and shall not preclude assist-
ance for the informal sector in such country, micro 
and small-scale enterprise, and smallholder agri-
culture.
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SPECIAL AUTHORITIES 
SEC. 634. (a) AFGHANISTAN, PAKISTAN, LEBANON, 
MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, 
AND DISPLACED BURMESE.—Funds appropriated by this 
Act that are made available for assistance for Afghanistan 
may be made available notwithstanding section 612 of this 
Act or any similar provision of law and section 660 of the 
Foreign Assistance Act of 1961, and funds appropriated in 
titles I and II of this Act that are made available for Leb-
anon, Montenegro, Pakistan, and for victims of war, dis-
placed children, and displaced Burmese, and to assist vic-
tims of trafficking in persons and, subject to the regular 
notification procedures of the Committees on Appropria-
tions, to combat such trafficking, may be made available 
notwithstanding any other provision of law. 
(b) TROPICAL FORESTRY
AND BIODIVERSITY CON-
SERVATION 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 biodiver-
sity conservation activities and energy programs aimed at 
reducing greenhouse gas emissions: Provided, That such as-
sistance shall be subject to sections 116, 502B, and 620A 
of the Foreign Assistance Act of 1961.
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(c) PERSONAL SERVICES CONTRACTORS.—Funds ap-
propriated by this Act to carry out chapter 1 of part I, 
chapter 4 of part II, and section 667 of the Foreign Assist-
ance Act of 1961, and title II of the Agricultural Trade 
Development and Assistance Act of 1954, may be used by 
the United States Agency for International Development to 
employ up to 25 personal services contractors in the United 
States, notwithstanding any other provision of law, for the 
purpose of providing direct, interim support for new or ex-
panded overseas programs and activities managed by the 
agency until permanent direct hire personnel are hired and 
trained: Provided, That not more than 10 of such contrac-
tors shall be assigned to any bureau or office: Provided fur-
ther, 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 con-
tractors assigned to the Office of Food for Peace. 
(d)(1) WAIVER.—The President may waive the provi-
sions of section 1003 of Public Law 100–204 if the Presi-
dent 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
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than a period of 6 months at a time and shall not apply 
beyond 12 months after the enactment of this Act. 
(e) CONTINGENCIES.—During fiscal year 2004, the 
President may use up to $50,000,000 under the authority 
of section 451 of the Foreign Assistance Act, notwith-
standing the funding ceiling in section 451(a). 
(f) SMALL BUSINESS.—In entering into multiple 
award indefinite-quantity contracts with funds appro-
priated by this Act, the United States Agency for Inter-
national Development may provide an exception to the fair 
opportunity process for placing task orders under such con-
tracts when the order is placed with any category of small 
or small disadvantaged business. 
(g) SHIPMENT OF HUMANITARIAN ASSISTANCE.—Dur-
ing fiscal year 2004, of the amounts made available by the 
United States Agency for International Development to 
carry out the provisions of section 123(b) of the Foreign 
Assistance Act of 1961, funds may be made available to 
nongovernmental organizations for administrative costs 
necessary to implement a program to obtain available do-
nated space on commercial ships for the shipment of hu-
manitarian assistance overseas. 
(h) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—
In providing assistance with funds appropriated by this 
Act under section 660(b)(6) of the Foreign Assistance Act
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of 1961, support for a nation emerging from instability 
may be deemed to mean support for regional, district, mu-
nicipal, or other sub-national entity emerging from insta-
bility, as well as a nation emerging from instability. 
(i) WORLD FOOD PROGRAM.—Of the funds managed 
by the Bureau for Democracy, Conflict, and Humanitarian 
Assistance of the United States Agency for International 
Development, from this or any other Act, not less than 
$6,000,000 shall be made available as a general contribu-
tion to the World Food Program, notwithstanding any other 
provision of law. 
(j) WAIVER.—The prohibition in section 694 of this 
Act may be waived on a country by country basis if the 
President determines that doing so is in the national secu-
rity interest of the United States: Provided, That prior to 
exercising such waiver authority, the President shall submit 
a report to the Committees on Appropriations describing: 
(1) the steps the Administration is taking to ob-
tain the cooperation of the government in surren-
dering the indictee in question to the Special Court 
for Sierra Leone (SCSL) or the International Crimi-
nal Tribunal for Rwanda (ICTR); 
(2) a strategy for bringing the indictee before 
ICTR or SCSL; and
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(3) the justification for exercising the waiver au-
thority. 
ARAB LEAGUE BOYCOTT OF ISRAEL 
SEC. 635. It is the sense of the Congress that—
(1) the Arab League boycott of Israel, and the 
secondary boycott of American firms that have com-
mercial 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 regret-
tably 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 diplo-
matic 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 resolu-
tion 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 dem-
onstrate that opposition by, for example, taking into 
consideration the participation of any recipient coun-
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try in the boycott when determining to sell weapons 
to said country; and 
(6) the President should report to Congress an-
nually on specific steps being taken by the United 
States to encourage Arab League states to normalize 
their relations with Israel to bring about the termi-
nation 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 busi-
nesses that do comply. 
ADMINISTRATION OF JUSTICE ACTIVITIES 
SEC. 636. Of the funds appropriated or otherwise made 
available by this Act for ‘‘Economic Support Fund’’, assist-
ance 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 sec-
tion 534(b) of the Foreign Assistance Act of 1961, except 
that programs to enhance protection of participants in ju-
dicial 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 For-
eign Assistance Act of 1961.
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ELIGIBILITY FOR ASSISTANCE 
SEC. 637. (a) ASSISTANCE THROUGH NONGOVERN-
MENTAL 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 ap-
propriated by this Act to carry out the provisions of chap-
ters 1, 10, 11, and 12 of part I and chapter 4 of part II 
of the Foreign Assistance Act of 1961, and from funds ap-
propriated under the heading ‘‘Assistance for Eastern Eu-
rope and the Baltic States’’: Provided, That before using 
the authority of this subsection to furnish assistance in sup-
port of programs of nongovernmental organizations, the 
President shall notify the Committees on Appropriations 
under the regular notification procedures of those commit-
tees, 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 sub-
section 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, re-
strictions 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
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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 notifica-
tion 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 As-
sistance Act of 1961 or any comparable provision of 
law prohibiting assistance to the government of a 
country that violates internationally recognized 
human rights. 
EARMARKS 
SEC. 638. (a) Funds appropriated by this Act which 
are earmarked may be reprogrammed for other programs 
within the same account notwithstanding the earmark if 
compliance with the earmark is made impossible by oper-
ation of any provision of this or any other Act: Provided, 
That any such reprogramming shall be subject to the reg-
ular notification procedures of the Committees on Appro-
priations: Provided further, That assistance that is repro-
grammed pursuant to this subsection shall be made avail-
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able under the same terms and conditions as originally pro-
vided. 
(b) In addition to the authority contained in sub-
section (a), the original period of availability of funds ap-
propriated by this Act and administered by the United 
States Agency for International Development that are ear-
marked 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 ter-
mination 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 avail-
ability: Provided, That such earmarked funds that are con-
tinued available for an additional fiscal year shall be obli-
gated only for the purpose of such earmark. 
CEILINGS AND EARMARKS 
SEC. 639. Ceilings and earmarks contained in this Act 
shall not be applicable to funds or authorities appropriated 
or otherwise made available by any subsequent Act unless 
such Act specifically so directs. Earmarks or minimum 
funding requirements or prohibitions contained in any 
other Act shall not be applicable to funds appropriated by 
this Act.
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PROHIBITION ON PUBLICITY OR PROPAGANDA 
SEC. 640. No part of any appropriation contained in 
this Act shall be used for publicity or propaganda purposes 
within the United States not authorized before the date of 
the enactment of this Act by the Congress: Provided, That 
not to exceed $750,000 may be made available to carry out 
the provisions of section 316 of Public Law 96–533. 
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS 
SEC. 641. None of the funds appropriated or made 
available pursuant to this Act for carrying out the Foreign 
Assistance Act of 1961, may be used to pay in whole or 
in part any assessments, arrearages, or dues of any member 
of the United Nations or, from funds appropriated by this 
Act to carry out chapter 1 of part I of the Foreign Assist-
ance Act of 1961, the costs for participation of another 
country’s delegation at international conferences held under 
the auspices of multilateral or international organizations. 
NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION 
SEC. 642. None of the funds appropriated or made 
available pursuant to this Act shall be available to a non-
governmental 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.
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PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS 
THAT
EXPORT
LETHAL
MILITARY
EQUIPMENT
TO 
COUNTRIES SUPPORTING INTERNATIONAL TERRORISM 
SEC. 643. (a) None of the funds appropriated or other-
wise made available by this Act may be available to any 
foreign government which provides lethal military equip-
ment to a country the government of which the Secretary 
of State has determined is a terrorist government for pur-
poses of section 6(j) of the Export Administration Act. The 
prohibition under this section with respect to a foreign gov-
ernment shall terminate 12 months after that government 
ceases to provide such military equipment. This section ap-
plies 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 con-
gressional committees a report with respect to the fur-
nishing of such assistance. Any such report shall include 
a detailed explanation of the assistance to be provided, in-
cluding the estimated dollar amount of such assistance, and
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an explanation of how the assistance furthers United States 
national interests. 
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED 
BY FOREIGN COUNTRIES 
SEC. 644. (a) Subject to subsection (c), of the funds 
appropriated by this Act that are made available for assist-
ance for a foreign country, an amount equal to 110 percent 
of the total amount of the unpaid fully adjudicated parking 
fines and penalties owed by such country shall be withheld 
from obligation for such country until the Secretary of State 
submits a certification to the appropriate congressional 
committees stating that such parking fines and penalties 
are fully paid. 
(b) Funds withheld from obligation pursuant to sub-
section (a) may be made available for other programs or 
activities funded by this Act, after consultation with and 
subject to the regulation notification procedures of the ap-
propriate congressional committees, provided that no such 
funds shall be made available for assistance to a foreign 
country that has not paid the total amount of the fully ad-
judicated parking fines and penalties owed by such country. 
(c) Subsection (a) shall not include amounts that have 
been withheld under any other provision of law. 
(d) The Secretary of State may waive the requirements 
set forth in subsection (a) with respect to a country if the 
Secretary—
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(1) determines that the waiver is in the national 
security interests of the United States; and 
(2) submits to the appropriate congressional 
committees a written justification for such determina-
tion that includes a description of the steps being 
taken to collect the parking fines and penalties owed 
by such country. 
(e) In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Appropriations of 
the Senate and the Committee on Appropriations of 
the House of Representatives. 
(2) The term ‘‘fully adjudicated’’ includes cir-
cumstances in which the person to whom the vehicle 
is registered—
(A)(i) has not responded to the parking vio-
lation summons; or 
(ii) has not followed the appropriate adju-
dication procedure to challenge the summons; 
and 
(B) the period of time for payment or chal-
lenge the summons has lapsed. 
(3) The term ‘‘parking fines and penalties’’ 
means parking fines and penalties—
(A) owed to—
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(i) the District of Columbia; or 
(ii) New York, New York; and 
(B) incurred during the period April 1, 
1997 through September 30, 2003. 
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST 
BANK AND GAZA 
SEC. 645. None of the funds appropriated by this Act 
may be obligated for assistance for the Palestine Liberation 
Organization for the West Bank and Gaza unless the Presi-
dent has exercised the authority under section 604(a) of the 
Middle East Peace Facilitation Act of 1995 (title VI of Pub-
lic Law 104–107) or any other legislation to suspend or 
make inapplicable section 307 of the Foreign Assistance Act 
of 1961 and that suspension is still in effect: Provided, That 
if the President fails to make the certification under section 
604(b)(2) of the Middle East Peace Facilitation Act of 1995 
or to suspend the prohibition under other legislation, funds 
appropriated by this Act may not be obligated for assistance 
for the Palestine Liberation Organization for the West Bank 
and Gaza. 
WAR CRIMES TRIBUNALS DRAWDOWN 
SEC. 646. If the President determines that doing so 
will contribute to a just resolution of charges regarding 
genocide or other violations of international humanitarian 
law, the President may direct a drawdown pursuant to sec-
tion 552(c) of the Foreign Assistance Act of 1961, as amend-
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ed, 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 Se-
curity 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 con-
tained in paragraph (2) thereof: Provided, That the deter-
mination 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 sec-
tion for any tribunal shall not be construed as an endorse-
ment or precedent for the establishment of any standing or 
permanent international criminal tribunal or court: Pro-
vided further, That funds made available for tribunals other 
than Yugoslavia, Rwanda, or the Special Court for Sierra 
Leone shall be made available subject to the regular notifi-
cation procedures of the Committees on Appropriations. 
LANDMINES 
SEC. 647. Notwithstanding any other provision of law, 
demining equipment available to the United States Agency 
for International Development and the Department of State 
and used in support of the clearance of landmines and 
unexploded ordnance for humanitarian purposes may be 
disposed of on a grant basis in foreign countries, subject 
to such terms and conditions as the President may pre-
scribe.
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RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY 
SEC. 648. None of the funds appropriated by this Act 
may be obligated or expended to create in any part of Jeru-
salem a new office of any department or agency of the 
United States Government for the purpose of conducting of-
ficial United States Government business with the Pales-
tinian 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 fur-
ther, 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 loca-
tions other than Jerusalem. As has been true in the past, 
officers and employees of the United States Government 
may continue to meet in Jerusalem on other subjects with 
Palestinians (including those who now occupy positions in 
the Palestinian Authority), have social contacts, and have 
incidental discussions. 
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES 
SEC. 649. None of the funds appropriated or otherwise 
made available by this Act under the heading ‘‘Inter-
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national Military Education and Training’’ or ‘‘Foreign 
Military Financing Program’’ for Informational Program 
activities or under the headings ‘‘Child Survival and 
Health Programs Fund’’, ‘‘Development Assistance’’, and 
‘‘Economic Support Fund’’ may be obligated or expended 
to pay for—
(1) alcoholic beverages; or 
(2) entertainment expenses for activities that are 
substantially of a recreational character, including 
but not limited to entrance fees at sporting events, 
theatrical and musical productions, and amusement 
parks. 
TIBET 
SEC. 650. The Secretary of Treasury should instruct 
the United States executive director to each international 
financial institution to use the voice and vote of the United 
States to support projects in Tibet if such projects do not 
provide incentives for the migration and settlement of non-
Tibetans into Tibet or facilitate the transfer of ownership 
of Tibetan land and natural resources to non-Tibetans; are 
based on a thorough needs-assessment; foster self-sufficiency 
of the Tibetan people and respect Tibetan culture and tradi-
tions; and are subject to effective monitoring. 
HAITI 
SEC. 651. The Government of Haiti shall be eligible 
to purchase defense articles and services under the Arms
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Export Control Act (22 U.S.C. 2751 et seq.), for the Coast 
Guard. 
LIMITATION ON ASSISTANCE TO THE PALESTINIAN 
AUTHORITY 
SEC. 652. (a) PROHIBITION OF FUNDS.—None of the 
funds appropriated by this Act to carry out the provisions 
of chapter 4 of part II of the Foreign Assistance Act of 1961 
may be obligated or expended with respect to providing 
funds to the Palestinian Authority. 
(b) WAIVER.—The prohibition included in subsection 
(a) shall not apply if the President certifies in writing to 
the Speaker of the House of Representatives and the Presi-
dent pro tempore of the Senate that waiving such prohibi-
tion is important to the national security interests of the 
United States and that the Palestinian Authority has taken 
steps to arrest terrorists, confiscate weapons and dismantle 
the terrorist infrastructure. 
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiv-
er pursuant to subsection (b) shall be effective for no more 
than a period of 6 months at a time and shall not apply 
beyond 12 months after the enactment of this Act. 
(d) REPORT.—Whenever the waiver authority pursu-
ant to subsection (b) is exercised, the President shall submit 
a report to the Committees on Appropriations detailing the 
steps the Palestinian Authority has taken to arrest terror-
ists, confiscate weapons and dismantle the terrorist infra-
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structure. The report shall also include a description of how 
funds will be spent and the accounting procedures in place 
to ensure that they are properly disbursed. 
LIMITATION ON ASSISTANCE TO SECURITY FORCES 
SEC. 653. None of the funds made available by this 
Act may be provided to any unit of the security forces of 
a foreign country if the Secretary of State has credible evi-
dence 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 re-
sponsible members of the security forces unit to justice: Pro-
vided, 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 al-
leged to be involved in gross violations of human rights: 
Provided further, That in the event that funds are withheld 
from any unit pursuant to this section, the Secretary of 
State shall promptly inform the foreign government of the 
basis for such action and shall, to the maximum extent 
practicable, assist the foreign government in taking effective 
measures to bring the responsible members of the security 
forces to justice. 
ENVIRONMENT PROGRAMS 
SEC. 654. (a) FUNDING.—Of the funds appropriated 
by this Act, not less than $485,000,000 shall be made avail-