H. R. 2673—185
for the West Bank and Gaza unless the President has exercised
the authority under section 604(a) of the Middle East Peace Facilita-
tion Act of 1995 (title VI of Public Law 104–107) or any other
legislation to suspend or make inapplicable section 307 of the For-
eign 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 appro-
priated by this Act may not be obligated for assistance for the
Palestine Liberation Organization for the West Bank and Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 546. If the President determines that doing so will con-
tribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may
direct a drawdown pursuant to section 552(c) of the Foreign Assist-
ance Act of 1961, as amended, of up to $30,000,000 of commodities
and services for the United Nations War Crimes Tribunal estab-
lished with regard to the former Yugoslavia by the United Nations
Security Council or such other tribunals or commissions as the
Council may establish or authorize to deal with such violations,
without regard to the ceiling limitation contained in paragraph
(2) thereof: Provided, That the determination required under this
section shall be in lieu of any determinations otherwise required
under section 552(c): Provided further, That the drawdown made
under this section for any tribunal shall not be construed as an
endorsement or precedent for the establishment of any standing
or permanent international criminal tribunal or court: Provided
further, That funds made available for tribunals other than Yugo-
slavia, Rwanda, or the Special Court for Sierra Leone shall be
made available subject to the regular notification procedures of
the Committees on Appropriations.
LANDMINES
SEC. 547. Notwithstanding any other provision of law, demining
equipment available to the United States Agency for International
Development and the Department of State and used in support
of the clearance of landmines and unexploded ordnance for humani-
tarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the President
may prescribe.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
SEC. 548. None of the funds appropriated by this Act may
be obligated or expended to create in any part of Jerusalem a
new office of any department or agency of the United States Govern-
ment for the purpose of conducting official United States Govern-
ment business with the Palestinian Authority over Gaza and Jericho
or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That meetings
between officers and employees of the United States and officials
of the Palestinian Authority, or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of Principles,
H. R. 2673—186
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. 549. None of the funds appropriated or otherwise made
available by this Act under the heading ‘‘International Military
Education and Training’’ or ‘‘Foreign Military Financing Program’’
for Informational Program activities or under the headings ‘‘Child
Survival and Health Programs Fund’’, ‘‘Development Assistance’’,
and ‘‘Economic Support Fund’’ may be obligated or expended to
pay for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substan-
tially of a recreational character, including but not limited
to entrance fees at sporting events, theatrical and musical
productions, and amusement parks.
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS
AGENCIES
SEC. 550. None of the funds appropriated by this Act may
be made available to pay any voluntary contribution of the United
States to the United Nations (including the United Nations Develop-
ment Program) if the United Nations implements or imposes any
taxation on any United States persons.
HAITI
SEC. 551. The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the Coast Guard.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
SEC. 552. (a) PROHIBITION OF FUNDS.—None of the funds appro-
priated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated
or expended with respect to providing funds to the Palestinian
Authority.
(b) WAIVER.—The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker of
the House of Representatives and the President pro tempore of
the Senate that waiving such prohibition is important to the
national security interests of the United States.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) REPORT.—Whenever the waiver authority pursuant to sub-
section (b) is exercised, the President shall submit a report to
the Committees on Appropriations detailing the steps the Pales-
tinian Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure. The report shall also
H. R. 2673—187
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. 553. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign country
if the Secretary of State has credible evidence that such unit has
committed gross violations of human rights, unless the Secretary
determines and reports to the Committees on Appropriations that
the government of such country is taking effective measures to
bring the responsible members of the security forces unit to justice:
Provided, That nothing in this section shall be construed to withhold
funds made available by this Act from any unit of the security
forces of a foreign country not credibly alleged to be involved in
gross violations of human rights: Provided further, That in the
event that funds are withheld from any unit pursuant to this
section, the Secretary of State shall promptly inform the foreign
government of the basis for such action and shall, to the maximum
extent practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security forces
to justice.
FOREIGN MILITARY TRAINING REPORT
SEC. 554. The annual foreign military training report required
by section 656 of the Foreign Assistance Act of 1961 shall be
submitted by the Secretary of Defense and the Secretary of State
to the Committees on Appropriations of the House of Representa-
tives and the Senate by the date specified in that section.
ENVIRONMENT PROGRAMS
SEC. 555. (a) FUNDING.—Of the funds appropriated under the
heading ‘‘Development Assistance’’, not less than $155,000,000 shall
be made available for programs and activities which directly protect
biodiversity, including forests, in developing countries, of which
$1,500,000 should be made available to improve the capacity of
indigenous groups and local environmental organizations and law
enforcement agencies to protect the biodiversity of indigenous
reserves in the Amazon Basin region of Brazil, which amount
shall be in addition to the amount requested in this Act for assist-
ance for Brazil for fiscal year 2004: Provided, That not later than
1 year after enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development and other appropriate departments
and agencies, and after consultation with appropriate governments
and nongovernmental organizations, shall submit to the Committees
on Appropriations a strategy for biodiversity conservation in the
Amazon Basin region of South America: Provided further, That
of the funds appropriated under the headings ‘‘Development Assist-
ance’’ and ‘‘Andean Counterdrug Initiative’’, funds shall be made
available in fiscal year 2004 to develop the strategy described
in the previous proviso: Provided further, That of the funds appro-
priated by this Act, not less than $180,000,000 shall be made
available to support policies and programs in developing countries
that directly: (1) promote a wide range of energy conservation,
energy efficiency and clean energy programs and activities,
H. R. 2673—188
including the transfer of clean and environmentally sustainable
energy technologies; (2) measure, monitor, and reduce greenhouse
gas emissions; (3) increase carbon sequestration activities; and (4)
enhance climate change mitigation and adaptation programs.
(b) CLIMATE CHANGE REPORT.—Not later than 45 days after
the date on which the President’s fiscal year 2005 budget request
is submitted to Congress, the President shall submit a report to
the Committees on Appropriations describing in detail the
following—
(1) all Federal agency obligations and expenditures,
domestic and international, for climate change programs and
activities in fiscal year 2004, including an accounting of
expenditures by agency with each agency identifying climate
change activities and associated costs by line item as presented
in the President’s Budget Appendix; and
(2) all fiscal year 2003 obligations and estimated expendi-
tures, fiscal year 2004 estimated expenditures and estimated
obligations, and fiscal year 2005 requested funds by the United
States Agency for International Development, by country and
central program, for each of the following: (i) to promote the
transfer and deployment of a wide range of United States
clean energy and energy efficiency technologies; (ii) to assist
in the measurement, monitoring, reporting, verification, and
reduction of greenhouse gas emissions; (iii) to promote carbon
capture and sequestration measures; (iv) to help meet such
countries’ responsibilities under the Framework Convention on
Climate Change; and (v) to develop assessments of the vulner-
ability to impacts of climate change and mitigation and adapta-
tion response strategies.
REGIONAL PROGRAMS FOR EAST ASIA AND THE PACIFIC
SEC. 556. Funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ that are requested for ‘‘Regional Democ-
racy’’ assistance for East Asia and the Pacific shall be made avail-
able for the Human Rights and Democracy Fund of the Bureau
for Democracy, Human Rights and Labor, Department of State.
ZIMBABWE
SEC. 557. The Secretary of the Treasury shall instruct the
United States executive director to each international financial
institution to vote against any extension by the respective institu-
tion of any loans, to the Government of Zimbabwe, except to meet
basic human needs or to promote democracy, unless the Secretary
of State determines and certifies to the Committees on Appropria-
tions that the rule of law has been restored in Zimbabwe, including
respect for ownership and title to property, freedom of speech and
association.
TIBET
SEC. 558. (a) The Secretary of the 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