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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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(G) Chapter 85 of such title (relating to un-
employment compensation).
(H) Chapter 87 of such title (relating to life
insurance).
(I) Chapter 89 of such title (relating to
health insurance).
(J) Chapter 90 of such title (relating to
long-term care insurance).
(3) RELATIONSHIP
TO
RETIREMENT
BENEFITS
LAWS.—The retirement benefits program referred to
in subsection (a) shall permit the employees of the
Corporation to be eligible, unless the CEO determines
otherwise, for benefits under—
(A) subchapter III of chapter 83 and chap-
ter 84 of title 5, United States Code (relating to
retirement benefits); or
(B) chapter 8 of title I of the Foreign Serv-
ice Act of 1980 (22 U.S.C. 4041 et seq.) (relating
to the Foreign Service Retirement and Disability
System).
(c) APPOINTMENT AND TERMINATION.—Except as oth-
erwise provided in this section, the CEO may, without re-
gard to any civil service or Foreign Service law or regula-
tion, appoint and terminate employees as may be necessary
to enable the Corporation to perform its duties.
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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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tainment expenses of the United States Agency for Inter-
national Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 605. Of the funds appropriated or made available
pursuant to this Act, not to exceed $125,000 shall be avail-
able for representation allowances for the United States
Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken
to assure that, to the maximum extent possible, United
States-owned foreign currencies are utilized in lieu of dol-
lars: Provided further, That of the funds made available by
this Act for general costs of administering military assist-
ance and sales under the heading ‘‘Foreign Military Fi-
nancing Program’’, not to exceed $2,000 shall be available
for entertainment expenses and not to exceed $125,000 shall
be available for representation allowances: Provided further,
That of the funds made available by this Act under the
heading ‘‘International Military Education and Training’’,
not to exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made avail-
able by this Act for the Inter-American Foundation, not to
exceed $2,000 shall be available for entertainment and rep-
resentation allowances: Provided further, That of the funds
made available by this Act for the Peace Corps, not to exceed
a total of $4,000 shall be available for entertainment ex-
penses: Provided further, That of the funds made available
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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
prohibit—
(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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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.