of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2191 et seq.);
(5) any financing provided under the Export-
Import Bank Act of 1945; or
(6) humanitarian assistance.
INDEPENDENT AGENCIES
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of
the Inter-American Foundation in accordance with the
provisions of section 401 of the Foreign Assistance Act
of 1969, $15,185,000, to remain available until September
30, 2005.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act
of 1980, Public Law 96–533, $17,689,000, to remain
available until September 30, 2005: Provided, That funds
made available to grantees may be invested pending ex-
penditure for project purposes when authorized by the
board of directors of the Foundation: Provided further,
That interest earned shall be used only for the purposes
for which the grant was made: Provided further, That not-
withstanding section 505(a)(2) of the African Develop-
ment Foundation Act, in exceptional circumstances the
board of directors of the Foundation may waive the
$250,000 limitation contained in that section with respect
to a project: Provided further, That the Foundation shall
provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.
PEACE CORPS
For necessary expenses to carry out the provisions
of the Peace Corps Act (75 Stat. 612), $314,000,000, in-
cluding 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 appro-
priated under this heading shall be used to pay for abor-
tions: Provided further, That funds appropriated under
this heading shall remain available until September 30,
2005: Provided further, That the Director of the Peace
Corps may make appointments or assignments, or extend
current appointments or assignments, to permit United
States citizens to serve for periods in excess of five years
in the case of individuals whose appointment or assign-
ment, such as regional safety security officers and employ-
ees within the Office of the Inspector General, involves the
safety of Peace Corps volunteers: Provided further, That
the Director of the Peace Corps may make such appoint-
ments or assignments notwithstanding the provisions of
section 7 of the Peace Corps Act limiting the length of
an appointment or assignment, the circumstances under
which such an appointment or assignment may exceed 5
years, and the percentage of appointments or assignments
that can be made in excess of 5 years.
MILLENNIUM CHALLENGE ACCOUNT
For necessary expenses for the ‘‘Millennium Chal-
lenge Account’’, $800,000,000, to remain available until
expended: Provided, That the availability of such amount
is contingent upon enactment of authorization.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT
For necessary expenses to carry out section 481 of
the Foreign Assistance Act of 1961, $241,700,000: Pro-
vided, That funds appropriated under this heading shall
remain available until September 30, 2005: Provided fur-
ther, 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 re-
strictions, to receive excess property from an agency of
the United States Government for the purpose of pro-
viding it to a foreign country under chapter 8 of part I
of that Act subject to the regular notification procedures
of the Committees on Appropriations: Provided further,
That the Secretary of State shall provide to the Commit-
tees on Appropriations not later than 45 days after the
date of the enactment of this Act and prior to the initial
obligation of funds appropriated under this heading, a re-
port on the proposed uses of all funds under this heading
on a country-by-country basis for each proposed program,
project, or activity: Provided further, That of the funds
appropriated under this heading, not more than
$24,180,000 may be available for administrative expenses.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of
the Foreign Assistance Act of 1961 to support
counterdrug activities in the Andean region of South
America, $731,000,000, to remain available until Sep-
tember 30, 2005: Provided, That in fiscal year 2004,
funds available to the Department of State for assistance
to the Government of Colombia shall be available to sup-
port a unified campaign against narcotics trafficking,
against activities by organizations designated as terrorist
organizations such as the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN),
and the United Self-Defense Forces of Colombia (AUC),
and to take actions to protect human health and welfare
in emergency circumstances, including undertaking rescue
operations: Provided further, That this authority shall
cease to be effective if the Secretary of State has credible
evidence that the Colombian Armed Forces are not con-
ducting vigorous operations to restore government author-
ity and respect for human rights in areas under the effec-
tive control of paramilitary and guerrilla organizations:
Provided further, That the President shall ensure that if
any helicopter procured with funds under this heading is
used to aid or abet the operations of any illegal self-de-
fense group or illegal security cooperative, such helicopter
shall be immediately returned to the United States: Pro-
vided further, That none of the funds appropriated by this
Act may be made available to support a Peruvian air inter-
diction program until the Secretary of State and Director
of Central Intelligence certify to the Congress, 30 days
before any resumption of United States involvement in a
Peruvian air interdiction program, that an air interdiction
program that permits the ability of the Peruvian Air Force
to shoot down aircraft will include enhanced safeguards
and procedures to prevent the occurrence of any incident
similar to the April 20, 2001 incident: Provided further,
That the Secretary of State, in consultation with the Ad-
ministrator of the United States Agency for International
Development, shall provide to the Committees on Appro-
priations not later than 45 days after the date of the en-
actment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the
proposed uses of all funds under this heading on a coun-
try-by-country basis for each proposed program, project,
or activity: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading: Provided further, That
assistance provided with funds appropriated under this
heading that is made available notwithstanding section
482(b) of the Foreign Assistance Act of 1961, as amend-
ed, shall be made available subject to the regular notifica-
tion procedures of the Committees on Appropriations: Pro-
vided further, That the provisions of section 3204(b)
through (d) of Public Law 106–246, as amended by Public
Law 107–115, shall be applicable to funds appropriated
for fiscal year 2004: Provided further, That the reports
required by sections 3204(e) and (f) of division B, title
III, chapter 2 of Public Law 106–246, shall be submitted
also to the Committees on Appropriations on the dates
specified in those sections: Provided further, That of the
funds appropriated under this heading, not more than
$15,680,000 may be available for administrative expenses
of the Department of State, and not more than
$4,500,000 may be available, in addition to amounts oth-
erwise available for such purposes, for administrative ex-
penses of the United States Agency for International De-
velopment.
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 contribu-
tions to the International Organization for Migration and
the United Nations High Commissioner for Refugees, and
other activities to meet refugee and migration needs; sala-
ries and expenses of personnel and dependents as author-
ized by the Foreign Service Act of 1980; allowances as
authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor
vehicles; and services as authorized by section 3109 of title
5, United States Code, $760,197,000, which shall remain
available until expended: Provided, That not more than
$18,500,000 may be available for administrative expenses:
Provided further, That funds appropriated under this
heading may be made available for a headquarters con-
tribution to the International Committee of the Red Cross
only if the Secretary of State determines (and so reports
to the appropriate committees of Congress) that the
Magen David Adom Society of Israel is not being denied
participation in the activities of the International Red
Cross and Red Crescent Movement: Provided further, That
none of the funds made available pursuant to this Act
after March 31, 2004, by the Department of State under
the headings ‘‘Migration and Refugee Assistance’’ and
‘‘United States Emergency Refugee and Migration Assist-
ance Fund’’ for the purposes of provision of assistance to
refugees or internally displaced persons may be provided
to an organization that has failed to adopt a code of con-
duct consistent with the Inter-Agency Standing Com-
mittee Task Force on Protection From Sexual Exploi-
tation and Abuse in Humanitarian Crises six core prin-
ciples for the protection of beneficiaries of humanitarian
assistance.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION
ASSISTANCE FUND
For necessary expenses to carry out the provisions
of section 2(c) of the Migration and Refugee Assistance
Act of 1962, as amended (22 U.S.C. 2601(c)),
$15,831,000, to remain available until expended.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-ter-
rorism, demining and related programs and activities,
$335,200,000, to carry out the provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM
Support Act, section 23 of the Arms Export Control Act
or the Foreign Assistance Act of 1961 for demining activi-
ties, the clearance of unexploded ordnance, the destruction
of small arms, and related activities, notwithstanding any
other provision of law, including activities implemented
through nongovernmental and international organizations,
and section 301 of the Foreign Assistance Act of 1961
for a voluntary contribution to the International Atomic
Energy Agency (IAEA) and for a United States contribu-
tion to the Comprehensive Nuclear Test Ban Treaty Pre-
paratory Commission: Provided further, That of this
amount not to exceed $20,000,000, to remain available
until expended, may be made available for the Non-
proliferation and Disarmament Fund, notwithstanding
any other provision of law, to promote bilateral and multi-
lateral activities relating to nonproliferation and disar-
mament: Provided further, That such funds may also be
used for such countries other than the Independent States
of the former Soviet Union and international organiza-
tions when it is in the national security interest of the
United States to do so following consultation with the ap-
propriate committees of Congress: Provided further, That
funds appropriated under this heading may be made avail-
able 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 par-
ticipate in the activities of that Agency: Provided further,
That of the funds made available for demining and related
activities, not to exceed $690,000, in addition to funds
otherwise available for such purposes, may be used for ad-
ministrative expenses related to the operation and man-
agement of the demining program.
DEPARTMENT OF THE TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions
of section 129 of the Foreign Assistance Act of 1961,
$19,000,000, to remain available until September 30,
2006, which shall be available notwithstanding any other
provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Con-
gressional Budget Act of 1974, of modifying loans and
loan guarantees, as the President may determine, for
which funds have been appropriated or otherwise made
available for programs within the International Affairs
Budget Function 150, including the cost of selling, reduc-
ing, or canceling amounts owed to the United States as
a result of concessional loans made to eligible countries,
pursuant to parts IV and V of the Foreign Assistance Act
of 1961, and of modifying concessional credit agreements
with least developed countries, as authorized under section
411 of the Agricultural Trade Development and Assist-
ance Act of 1954, as amended, and concessional loans,
guarantees and credit agreements, as authorized under
section 572 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1989 (Public
Law 100–461), and of canceling amounts owed, as a result
of loans or guarantees made pursuant to the Export-Im-
port Bank Act of 1945, by countries that are eligible for
debt reduction pursuant to title V of H.R. 3425 as enacted
into law by section 1000(a)(5) of Public Law 106–113,
$95,000,000, to remain available until September 30,
2005: Provided, That $20,000,000 of the funds appro-
priated under this heading may be made available to carry
out the provisions of part V of the Foreign Assistance Act
of 1961: Provided further, That $75,000,000 of the funds
appropriated under this heading may be used by the Sec-
retary of the Treasury to pay to the Heavily Indebted Poor
Countries (HIPC) Trust Fund administered by the Inter-
national Bank for Reconstruction and Development
amounts for the benefit of countries that are eligible for
debt reduction pursuant to title V of H.R. 3425 as enacted
into law by section 1000(a)(5) of Public Law 106–113:
Provided further, That amounts paid to the HIPC Trust
Fund may be used only to fund debt reduction under the
enhanced HIPC initiative by—
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic
Integration:
Provided further, That funds may not be paid to the HIPC
Trust Fund for the benefit of any country if the Secretary
of State has credible evidence that the government of such
country is engaged in a consistent pattern of gross 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 Secretary of the Treasury shall consult with the Com-
mittees on Appropriations concerning which countries and
international financial institutions are expected to benefit
from a United States contribution to the HIPC Trust
Fund during the fiscal year: Provided further, That the
Secretary of the Treasury shall inform the Committees on
Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make
payments to the HIPC Trust Fund of amounts for such
countries and institutions: Provided further, That the Sec-
retary of the Treasury may disburse funds designated for
debt reduction through the HIPC Trust Fund only for the
benefit of countries that—
(1) have committed, for a period of 24 months,
not to accept new market rate loans from the inter-
national financial institution receiving debt repay-
ment as a result of such disbursement, other than
loans made by such institution to export-oriented
commercial projects that generate foreign exchange
which are generally referred to as ‘‘enclave’’ loans;
and
(2) have documented and demonstrated their
commitment to redirect their budgetary resources
from international debt repayments to programs to
alleviate poverty and promote economic growth that
are additional to or expand upon those previously
available for such purposes: Provided further, That
any limitation of subsection (e) of section 411 of the
Agricultural Trade Development and Assistance Act
of 1954 shall not apply to funds appropriated under
this heading: Provided further, That none of the
funds made available under this heading in this or
any other appropriations Acts shall be made avail-
able for Sudan or Burma unless the Secretary of
Treasury determines and notifies the Committees on
Appropriations that a democratically elected govern-
ment has taken office.
TITLE III—MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions
of section 541 of the Foreign Assistance Act of 1961,
$91,700,000 (reduced by $600,000), of which up to
$3,000,000 may remain available until expended: Pro-
vided, That the civilian personnel for whom military edu-
cation and training may be provided under this heading
may include civilians who are not members of a govern-
ment whose participation would contribute to improved
civil-military relations, civilian control of the military, or
respect for human rights: Provided further, That funds ap-
propriated under this heading for military education and
training for Guatemala may only be available for expanded
international military education and training and funds
made available for Nigeria and Guatemala may only be
provided through the regular notification procedures of the
Committees on Appropriations.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the
President to carry out the provisions of section 23 of the
Arms Export Control Act, $4,314,000,000: Provided, That
of the funds appropriated under this heading, not less
than $2,160,000,000 shall be available for grants only for
Israel, and not less than $1,300,000,000 shall be made
available for grants only for Egypt: Provided further, That
the funds appropriated by this paragraph for Israel shall
be disbursed within 30 days of the enactment of this Act:
Provided further, That to the extent that the Government
of Israel requests that funds be used for such purposes,
grants made available for Israel by this paragraph shall,
as agreed by Israel and the United States, be available
for advanced weapons systems, of which not less than
$568,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including
research and development: Provided further, That funds
appropriated by this paragraph shall be nonrepayable 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
articles, defense services, or design and construction serv-
ices that are not sold by the United States Government
under the Arms Export Control Act unless the foreign
country proposing to make such procurements has first
signed an agreement with the United States Government
specifying the conditions under which such procurements
may be financed with such funds: Provided, That all coun-
try and funding level increases in allocations shall be sub-
mitted through the regular notification procedures of sec-
tion 515 of this Act: Provided further, That none of the
funds appropriated under this heading shall be available
for assistance for Indonesia, Guatemala, Sudan, and Libe-
ria: Provided further, That funds made available under
this heading may be used, notwithstanding any other pro-
vision of law, for demining, the clearance of unexploded
ordnance, and related activities, and may include activities
implemented through nongovernmental and international
organizations: Provided further, That only those countries
for which assistance was justified for the ‘‘Foreign Mili-
tary Sales Financing Program’’ in the fiscal year 1989
congressional presentation for security assistance pro-
grams may utilize funds made available under this heading
for procurement of defense articles, defense services or de-
sign and construction services that are not sold by the
United States Government under the Arms Export Con-
trol Act: Provided further, That funds appropriated under
this heading shall be expended at the minimum rate nec-
essary to make timely payment for defense articles and
services: 
Provided 
further, 
That 
not 
more 
than
$40,500,000 of the funds appropriated under this heading
may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only
for use outside of the United States, for the general costs
of administering military assistance and sales: Provided
further, That not more than $361,000,000 of funds real-
ized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2004 pursuant
to section 43(b) of the Arms Export Control Act, except
that this limitation may be exceeded only through the reg-
ular notification procedures of the Committees on Appro-
priations: Provided further, That foreign military financing
program funds estimated to be outlayed for Egypt during
fiscal year 2004 shall be transferred to an interest bearing
account for Egypt in the Federal Reserve Bank of New
York within 30 days of enactment of this Act.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions
of section 551 of the Foreign Assistance Act of 1961,
$85,000,000: Provided, That none of the funds appro-
priated under this heading shall be obligated or expended
except as provided through the regular notification proce-
dures of the Committees on Appropriations.
TITLE IV—MULTILATERAL ECONOMIC
ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global En-
vironment Facility, $107,500,000, to the International
Bank for Reconstruction and Development as trustee for
the Global Environment Facility, by the Secretary of the
Treasury, to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
ASSOCIATION
For payment to the International Development Asso-
ciation by the Secretary of the Treasury, $850,000,000,
to remain available until expended.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT
GUARANTEE AGENCY
For payment to the Multilateral Investment Guar-
antee Agency by the Secretary of the Treasury,
$4,001,672, for the United States paid-in share of the in-
crease in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Multilateral In-
vestment Guarantee Agency may subscribe without fiscal
year limitation for the callable capital portion of the
United States share of such capital stock in an amount
not to exceed $16,339,982.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS
MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Mul-
tilateral Investment Fund by the Secretary of the Treas-
ury, for the United States contribution to the fund,
$25,000,000, to remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary
of the Treasury to the increase in resources of the Asian
Development Fund, as authorized by the Asian Develop-
ment Bank Act, as amended, $151,921,405, to remain
available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by
the Secretary of the Treasury, $5,104,930, for the United
States paid-in share of the increase in capital stock, to
remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African 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
$79,609,817.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary
of the Treasury to the increase in resources of the African
Development Fund, $107,370,856, to remain available
until expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruc-
tion and Development by the Secretary of the Treasury,
$35,431,111 for the United States share of the paid-in
portion of the increase in capital stock, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank
for Reconstruction and Development may subscribe with-
out fiscal year limitation to the callable capital portion of
the United States share of such capital stock in an amount
not to exceed $122,085,497.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR
AGRICULTURAL DEVELOPMENT
For the United States contribution by the Secretary
of the Treasury to increase the resources of the Inter-
national 
Fund 
for 
Agricultural 
Development,
$15,004,042, to remain available until expended.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions
of section 301 of the Foreign Assistance Act of 1961, and
of section 2 of the United Nations Environment Program
Participation Act of 1973, $194,550,000: Provided, That
none of the funds appropriated under this heading may
be made available to the Korean Peninsula Energy Devel-
opment Organization (KEDO) or the International Atomic
Energy Agency (IAEA).
TITLE V—GENERAL PROVISIONS
COMPENSATION FOR UNITED STATES EXECUTIVE
DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 501. (a) No funds appropriated by this Act may
be made as payment to any international financial institu-
tion while the United States Executive Director to such
institution is compensated by the institution at a rate
which, together with whatever compensation such Director
receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, or while any alternate United States
Director to such institution is compensated by the institu-
tion at a rate in excess of the rate provided for an indi-
vidual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States
Code.
(b) For purposes of this section, ‘‘international finan-
cial institutions’’ are: the International Bank for Recon-
struction and Development, the Inter-American Develop-
ment Bank, the Asian Development Bank, the Asian De-
velopment Fund, the African Development Bank, the Afri-
can Development Fund, the International Monetary Fund,
the North American Development Bank, and the Euro-
pean Bank for Reconstruction and Development.
PRIVATE AND VOLUNTARY ORGANIZATIONS
SEC. 502. 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 develop-
ment organization, which obtains less than 20 percent of
its total annual funding for international activities from
sources other than the United States Government: Pro-
vided, That the Administrator of the United States Agen-
cy for International Development, after informing the
Committees on Appropriations, may, on a case-by-case
basis, waive the restriction contained in this subsection,
after taking into account the effectiveness of the overseas
development activities of the organization, its level of vol-
unteer support, its financial viability and stability, and the
degree of its dependence for its financial support on the
agency.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $100,500 shall
be for official residence expenses of the United States
Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be
taken to assure that, to the maximum extent possible,
United States-owned foreign currencies are utilized in lieu
of dollars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $5,000 shall be
for entertainment expenses of the United States Agency
for International Development during the current fiscal
year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $125,000 shall
be available for representation allowances for the United
States Agency for International Development during the
current fiscal year: Provided, That appropriate steps shall
be taken to assure that, to the maximum extent possible,
United States-owned foreign currencies are utilized in lieu
of dollars: Provided further, That of the funds made avail-
able by this Act for general costs of administering military
assistance and sales under the heading ‘‘Foreign Military
Financing Program’’, not to exceed $2,000 shall be avail-
able for entertainment expenses and not to exceed
$125,000 shall be available for representation allowances:
Provided further, That of the funds made available by this
Act under the heading ‘‘International Military Education
and Training’’, not to exceed $50,000 shall be available
for entertainment allowances: Provided further, That of
the funds made available by this Act for the Inter-Amer-
ican Foundation, not to exceed $2,000 shall be available
for entertainment and representation allowances: Provided
further, That of the funds made available by this Act for
the Peace Corps, not to exceed a total of $4,000 shall be
available for entertainment expenses: Provided further,
That of the funds made available by this Act under the
heading ‘‘Trade and Development Agency’’, not to exceed
$2,000 shall be available for representation and entertain-
ment allowances.
PROHIBITION ON TAXATION OF UNITED STATES
ASSISTANCE
SEC. 506. (a) PROHIBITION ON TAXATION.—None of
the funds appropriated by this Act may be made available
to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions
under which such assistance is to be provided unless such
agreement includes a provision stating that assistance pro-
vided by the United States shall be exempt from taxation,
or reimbursed, by the foreign government, and the Sec-
retary of State shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as nec-
essary, to conform with this requirement.
(b) REIMBURSEMENT
OF
FOREIGN
TAXES.—An
amount equivalent to 200 percent of the total taxes as-
sessed during fiscal year 2004 by a foreign government
or entity against commodities financed under United
States assistance programs for which funds are appro-
priated by this Act, either directly or through grantees,
contractors and subcontractors shall be withheld from ob-
ligation from funds appropriated for assistance for fiscal
year 2005 and allocated for the central government of
such country and for the West Bank and Gaza Program
to the extent that the Secretary of State certifies and re-
ports in writing to the Committees on Appropriations that
such taxes have not been reimbursed to the Government
of the United States.
(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de
minimis nature shall not be subject to the provisions of
subsection (b).
(d) REFUND TO THE TREASURY AND REPROGRAM-
MING OF FUNDS.—Of the funds withheld from obligation
for each country or entity pursuant to subsection (b), one-
half may become available for reprogramming for other
purposes (pursuant to section 515 of this Act and con-
sistent with the purposes for which such funds were origi-
nally appropriated) and one-half shall be deposited in the
General Fund of the Treasury on, or within 5 days after,
September 1, 2005, pursuant to the certification required
under subsection (b).
(e) IMPLEMENTATION.—The Secretary of State shall
issue rules, regulations, or policy guidance, as appropriate,
to implement the prohibition against the taxation of assist-
ance contained in this section.
(f) DEFINITIONS.—As used in this section—
(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to
value added taxes and customs duties imposed on
commodities financed with United States assistance
for programs for which funds are appropriated by
this Act; and
(2) the term ‘‘bilateral agreement’’ refers to a
framework bilateral agreement between the Govern-
ment of the United States and the government of
the country receiving assistance that describes the
privileges and immunities applicable to United
States foreign assistance for such country generally,
or an individual agreement between the Government
of the United States and such government that de-
scribes, among other things, the treatment for tax
purposes that will be accorded the United States as-
sistance provided under that agreement.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 507. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance or repara-
tions to Cuba, Libya, North Korea, Iran, or Syria: Pro-
vided, That for purposes of this section, the prohibition
on obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import
Bank or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance to the gov-
ernment of any country whose duly elected head of govern-
ment is deposed by decree or military coup: Provided, That
assistance may be resumed to such government if the
President determines and certifies to the Committees on
Appropriations that subsequent to the termination of as-
sistance a democratically elected government has taken of-
fice: Provided further, That the provisions of this section
shall not apply to assistance to promote democratic elec-
tions or public participation in democratic processes: Pro-
vided further, That funds made available pursuant to the
previous provisos shall be subject to the regular notifica-
tion procedures of the Committees on Appropriations.
TRANSFERS
SEC. 509. (a)(1) LIMITATION ON TRANSFERS BE-
TWEEN AGENCIES.—None of the funds made available by
this Act may be transferred to any department, agency,
or instrumentality of the United States Government, ex-
cept pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to
transfers made by, or authorized elsewhere in, this Act,
funds appropriated by this Act to carry out the purposes
of the Foreign Assistance Act of 1961 may be allocated
or transferred to agencies of the United States Govern-
ment pursuant to the provisions of sections 109, 610, and
632 of the Foreign Assistance Act of 1961.
(b) None of the funds made available by this Act may
be obligated under an appropriation account to which they
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, not less than
five days prior to the exercise of any authority contained
in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate.
(c) Any agreement for the transfer or allocation of
funds appropriated by this Act, or prior Acts, entered into
between the United States Agency for International Devel-
opment and another agency of the United States Govern-
ment under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of
law, shall expressly provide that the Office of the Inspector
General for the agency receiving the transfer or allocation
of such funds shall perform periodic program and financial
audits of the use of such funds: Provided, That funds
transferred under such authority may be made available
for the cost of such audits.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 510. Notwithstanding any other provision of
law, and subject to the regular notification procedures of
the Committees on Appropriations, the authority of sec-
tion 23(a) of the Arms Export Control Act may be used
to provide financing to Israel, Egypt and NATO and
major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not in-
cluding Major Defense Equipment (other than helicopters
and other types of aircraft having possible civilian applica-
tion), if the President determines that there are compel-
ling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather
than by government-to-government sale under such Act.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in
this Act shall remain available for obligation after the ex-
piration of the current fiscal year unless expressly so pro-
vided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, 11, and 12 of part I, section
667, chapter 4 of part II of the Foreign Assistance Act
of 1961, as amended, section 23 of the Arms Export Con-
trol Act, and funds provided under the heading ‘‘Assist-
ance for Eastern Europe and the Baltic States’’, shall re-
main 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, notwith-
standing any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chap-
ter 4 of part II of the Foreign Assistance Act of 1961
which are allocated or obligated for cash disbursements
in order to address balance of payments or economic policy
reform objectives, shall remain available until expended.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in
this Act shall be used to furnish assistance to the govern-
ment of any country which is in default during a period
in excess of one calendar year in payment to the United
States of principal or interest on any loan made to the
government of such country by the United States pursuant
to a program for which funds are appropriated under this
Act unless the President determines, following consulta-
tions with the Committees on Appropriations, that assist-
ance to such country is in the national interest of the
United States.
COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or
made available pursuant to this Act for direct assistance
and none of the funds otherwise made available pursuant
to this Act to the Export-Import Bank and the Overseas
Private Investment Corporation shall be obligated or ex-
pended to finance any loan, any assistance or any other
financial commitments for establishing or expanding pro-
duction 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 pro-
ductive capacity is expected to become operative and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Ex-
port-Import Bank if in the judgment of its Board of Direc-
tors 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 com-
modity, and the Chairman of the Board so notifies the
Committees on Appropriations.
(b) None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing
or breeding feasibility study, variety improvement or intro-
duction, consultancy, publication, conference, or training
in connection with the growth or production in a foreign
country of an agricultural commodity for export which
would compete with a similar commodity grown or pro-
duced 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
benefit American producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall in-
struct the United States Executive Directors of the Inter-
national Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development
Bank, the International Monetary Fund, the Asian Devel-
opment Bank, the Inter-American Investment Corpora-
tion, the North American Development Bank, the Euro-
pean Bank for Reconstruction and Development, the Afri-
can Development Bank, and the African Development
Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds
appropriated or made available pursuant to this Act, for
the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. For the purposes of providing the executive
branch with the necessary administrative flexibility, none
of the funds made available under this Act for ‘‘Child 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’’, ‘‘Millennium
Challenge Account’’ (by country only), ‘‘Foreign Military
Financing Program’’, ‘‘International Military Education
and Training’’, ‘‘Peace Corps’’, and ‘‘Migration and Ref-
ugee 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 re-
programming for an activity, program, or project for
which funds are appropriated under title II of this Act
of less than 10 percent of the amount previously justified
to the Congress for obligation for such activity, program,
or project for the current fiscal year: Provided further,
That the requirements of this section or any similar provi-
sion of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular noti-
fication procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial
risk to human health or welfare: Provided further, That
in case of any such waiver, notification to the Congress,
or the appropriate congressional committees, shall be pro-
vided 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 cir-
cumstances necessitating such waiver: Provided further,
That any notification provided pursuant to such a waiver
shall contain an explanation of the emergency cir-
cumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 516. 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 financ-
ing, and related programs, which are returned or not made
available for organizations and programs because of the
implementation of section 307(a) of the Foreign Assist-
ance Act of 1961, shall remain available for obligation
until September 30, 2005.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
SEC. 517. (a) None of the funds appropriated under
the heading ‘‘Assistance for the Independent States of the
Former Soviet Union’’ shall be made available for 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, re-
spect for commercial contracts, and equitable treat-
ment of foreign private investment; and
(2) if that government applies or transfers
United States assistance to any entity for the pur-
pose of expropriating or seizing ownership or control
of assets, 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 So-
viet Union’’ shall be made available for assistance for a
government of an Independent State of the former Soviet
Union if that government directs any action in violation
of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such
as those violations included in the Helsinki Final Act: Pro-
vided, That such funds may be made available without re-
gard to the restriction in this subsection if the President
determines that to do so is in the national security interest
of the United States.
(c) None of the funds appropriated under the heading
‘‘Assistance for the Independent States of the Former So-
viet Union’’ shall be made available for any state to en-
hance its military capability: Provided, That this restric-
tion does not apply to demilitarization, demining or non-
proliferation programs.
(d) Funds appropriated under the heading ‘‘Assist-
ance for the Independent States of the Former Soviet
Union’’ for the Russian Federation, Armenia, Georgia,
and Ukraine shall be subject to the regular notification
procedures of the Committees on Appropriations.
(e) Funds made available in this Act for assistance
for the Independent States of the former Soviet Union
shall be subject to the provisions of section 117 (relating
to environment and natural resources) of the Foreign As-
sistance Act of 1961.
(f) Funds made available for Enterprise Funds shall
be expended at the minimum rate necessary to make time-
ly payment for projects and activities.
(g) In issuing new task orders, entering into con-
tracts, or making grants, with funds appropriated in this
Act or prior appropriations Acts under the heading ‘‘As-
sistance for the Independent States of the Former Soviet
Union’’ and under comparable headings in prior appro-
priations Acts, for projects or activities that have as one
of their primary purposes the fostering of private sector
development, the Coordinator for United States Assistance
to the New Independent States and the implementing
agency shall encourage the participation of and give sig-
nificant weight to contractors and grantees who propose
investing a significant amount of their own resources (in-
cluding volunteer services and in-kind contributions) in
such projects and activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND
INVOLUNTARY STERILIZATION
SEC. 518. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as
amended, may be used to pay for the performance of abor-
tions 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 Assist-
ance Act of 1961, as amended, may be used to pay for
the performance of involuntary sterilization as a method
of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of
the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay
for any biomedical research which relates in whole or in
part, to methods of, or the performance of, abortions or
involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if
the President certifies that the use of these funds by any
such country or organization would violate any of the
above provisions related to abortions and involuntary steri-
lizations.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 519. Not to exceed 5 percent of any appropria-
tion 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 au-
thority shall be subject to the regular notification proce-
dures of the Committees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated by this Act
shall be obligated or expended for Liberia, Sudan,
Zimbabwe, the Democratic Republic of the Congo, or
Cambodia except as provided through the regular notifica-
tion procedures of the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the appropria-
tions Act account level and shall include all appropriations
and authorizations Acts earmarks, ceilings, and limita-
tions 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 pro-
gram level funding within each such account; for the devel-
opment assistance accounts of the United States Agency
for International Development ‘‘program, project, and ac-
tivity’’ shall also be considered to include central, country,
regional, and program level funding, either as: (1) justified
to the Congress; or (2) allocated by the executive branch
in accordance with a report, to be provided to the Commit-
tees on Appropriations within 30 days of the enactment
of this Act, as required by section 653(a) of the Foreign
Assistance Act of 1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
SEC. 522. Up to $13,500,000 of the funds made
available by this Act for assistance under the heading
‘‘Child Survival and Health Programs Fund’’, may be
used to reimburse United States Government agencies,
agencies of State governments, institutions of higher
learning, and private and voluntary organizations for the
full cost of individuals (including for the personal services
of such individuals) detailed or assigned to, or contracted
by, as the case may be, the United States Agency for
International Development for the purpose of carrying out
activities under that heading: Provided, That up to
$3,500,000 of the funds made available by this Act for
assistance under the heading ‘‘Development Assistance’’
may be used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying
out other development assistance activities: Provided fur-
ther, 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 preven-
tion, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law ex-
cept for the provisions under the heading ‘‘Child Survival
and Health Programs Fund’’, section 515 of this Act, and
sections 104(c), 104A, 104B, and 104C of the Foreign
Assistance Act of 1961: Provided further, That funds ap-
propriated under titles II and III of this Act may be made
available pursuant to section 301 of the Foreign Assist-
ance Act of 1961 if a primary purpose of the assistance
is for child survival and related programs.
AFGHANISTAN
SEC. 523. Of the funds appropriated by titles II and
III of this Act, not less than $600,000,000 shall be made
available for humanitarian, reconstruction, and related as-
sistance for Afghanistan: Provided, That of the funds
made available pursuant to this section, not less than
$150,000,000 should be from funds appropriated under
the heading ‘‘Economic Support Fund’’.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 524. Prior to providing excess Department of
Defense articles in accordance with section 516(a) of the
Foreign Assistance Act of 1961, the Department of De-
fense shall notify the Committees on Appropriations to the
same extent and under the same conditions as are other
committees pursuant to subsection (f) of that section: Pro-
vided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9)
of the Arms Export Control Act) or are valued (in terms
of original acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would re-
ceive such excess defense articles: Provided further, That
such Committees shall also be informed of the original ac-
quisition cost of such defense articles.
USAID OVERSEAS PROGRAM
SEC. 525. Funds appropriated by this and subse-
quent appropriations Acts to carry out the provisions of
Part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ‘‘Assistance for
Eastern Europe and the Baltic States’’, may be made
available to employ individuals overseas on a limited ap-
pointment basis pursuant to the authority of sections 308
and 309 of the Foreign Service Act of 1980: Provided,
That in fiscal year 2004 the authority of this section may
be used to employ not more than 85 individuals.
TIBET
SEC. 526. Notwithstanding any other provision of law
not to exceed $3,000,000 of the funds appropriated by this
Act to carry out the provisions of chapter 4 of part II
of the Foreign Assistance Act of 1961 may be made avail-
able to United States nongovernmental organizations lo-
cated outside the People’s Republic of China to support
activities which preserve cultural traditions and promote
sustainable development and environmental conservation
in Tibetan communities in Tibet: Provided, That funds
made available for programs, projects, and activities for
the Peoples’s Republic of China shall be subject to the
regular notification procedures of the Committees on Ap-
propriations.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES
SEC. 527. (a) Funds appropriated for bilateral assist-
ance under any heading of this Act and funds appro-
priated under any such heading in a provision of law en-
acted prior to the enactment of this Act, shall not be made
available to any country which the President determines—
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of 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
Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropria-
tions of the waiver (including the justification for the waiv-
er) in accordance with the regular notification procedures
of the Committees on Appropriations.
DEBT-FOR-DEVELOPMENT
SEC. 528. In order to enhance the continued partici-
pation of nongovernmental organizations in debt-for-devel-
opment and debt-for-nature exchanges, a nongovern-
mental organization which is a grantee or contractor of
the United States Agency for International Development
may place in interest bearing accounts local currencies
which accrue to that organization as a result of economic
assistance provided under title II of this Act and any in-
terest earned on such investment shall be used for the pur-
pose for which the assistance was provided to that organi-
zation.
SEPARATE ACCOUNTS
SEC. 529. (a) SEPARATE ACCOUNTS
FOR LOCAL
CURRENCIES.—(1) If assistance is furnished to the gov-
ernment 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 genera-
tion of local currencies of that country, the Administrator
of the United States Agency for International Develop-
ment 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
(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 govern-
ment the responsibilities of the United States Agen-
cy for International Development and that govern-
ment to monitor and account for deposits into and
disbursements from the separate account.
(2) USES
OF LOCAL CURRENCIES.—As may be
agreed upon with the foreign government, local currencies
deposited in a separate account pursuant to subsection
(a), or an equivalent amount of local currencies, shall be
used only—
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as—
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The United
States Agency for International Development shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A)
from the separate account established pursuant to sub-
section (a)(1) are used for the purposes agreed upon pur-
suant to subsection (a)(2).
(4) TERMINATION
OF ASSISTANCE PROGRAMS.—
Upon termination of assistance to a country under chapter
1 or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which re-
main in a separate account established pursuant to sub-
section (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 Develop-
ment shall report on an annual basis as part of the jus-
tification documents submitted to the Committees on Ap-
propriations on the use of local currencies for the adminis-
trative requirements of the United States Government as
authorized in subsection (a)(2)(B), and such report shall
include the amount of local currency (and United States
dollar equivalent) used and/or to be used for such purpose
in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) If assistance is made available to the government of
a foreign country, under chapter 1 or 10 of part I or chap-
ter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assist-
ance, that country shall be required to maintain such
funds in a separate account and not commingle them with
any other funds.
(2) APPLICABILITY
OF
OTHER
PROVISIONS
OF
LAW.—Such funds may be obligated and expended not-
withstanding 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 Res-
olution 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 Ap-
propriations, which shall include a detailed description of
how the funds proposed to be made available will be used,
with a discussion of the United States interests that will
be served by the assistance (including, as appropriate, a
description of the economic policy reforms that will be 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 Commit-
tees on Appropriations.
ENTERPRISE FUND RESTRICTIONS
SEC. 530. Prior to the distribution of any assets re-
sulting from any liquidation, dissolution, or winding up
of an Enterprise Fund, in whole or in part, the President
shall submit to the Committees on Appropriations, in ac-
cordance with the regular notification procedures of the
Committees on Appropriations, a plan for the distribution
of the assets of the Enterprise Fund.
BURMA
SEC. 531. Of the funds appropriated under the head-
ing ‘‘Economic Support Fund’’, not less than $6,000,000
should be made available to support democracy activities
along the Burma-Thailand border, for activities of Bur-
mese student groups and other organizations located out-
side Burma, and for the purpose of supporting the provi-
sion of humanitarian assistance to displaced Burmese
along Burma’s borders: Provided, That of this amount
$500,000 should be made available to support newspapers,
publications, and other media activities promoting democ-
racy inside Burma: Provided further, That funds made
available under this heading may be made available not-
withstanding any other provision of law: Provided further,
That funds made available by this section shall be subject
to the regular notification procedures of the Committees
on Appropriations.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN
FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION
SEC. 532. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making 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-
ducting activities or is proposing to conduct activities in
a country for which assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 533. None of the funds appropriated by this Act
may be obligated or expended to provide—
(1) any financial incentive to a business 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 in-
ducement is likely to reduce the number of employ-
ees of such business enterprise in the United States
because United States production is being replaced
by such enterprise outside the United States; or
(2) assistance for any program, project, or ac-
tivity that contributes to the violation of internation-
ally recognized workers rights, as defined in section
507(4) of the Trade Act of 1974, of workers in the
recipient country, including any designated zone or
area in that country: Provided, That the application
of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country,
micro and small-scale enterprise, and smallholder
agriculture.
SPECIAL AUTHORITIES
SEC. 534. (a) AFGHANISTAN, PAKISTAN, LEBANON,
MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN,
AND DISPLACED BURMESE.—Funds appropriated by this
Act that are made available for assistance for Afghanistan
may be made available notwithstanding section 512 of this
Act and any similar provision of law and section 660 of
the Foreign Assistance Act of 1961, and funds appro-
priated in titles I and II of this Act that are made avail-
able for Lebanon, Montenegro, Pakistan, and for victims
of war, displaced children, and displaced Burmese, and to
assist victims of trafficking in persons and, subject to the
regular notification procedures of the Committees on Ap-
propriations, 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
biodiversity conservation activities and energy programs
aimed at reducing greenhouse gas emissions: Provided,
That such assistance shall be subject to sections 116,
502B, and 620A of the Foreign Assistance Act of 1961.
(c) PERSONAL SERVICES CONTRACTORS.—Funds ap-
propriated by this Act to carry out chapter 1 of part I,
chapter 4 of part II, and section 667 of the Foreign As-
sistance 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 Develop-
ment to employ up to 20 personal services contractors in
the United States, notwithstanding any other provision of
law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities
managed by the agency until permanent direct hire per-
sonnel are hired and trained: Provided, That not more
than 7 of such contractors shall be assigned to any bureau
or office: Provided further, That such funds appropriated
to carry out the Foreign Assistance Act of 1961 may be
made available for personal services contractors assigned
only to the Office of Procurement; the Bureau for Africa;
and the Bureau for Asia and the Near East: Provided 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
contractors 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 than a period of 6 months at a time and shall not
apply beyond 12 months after the enactment of this Act.
(e) SMALL BUSINESS.—In entering into multiple
award indefinite-quantity contracts with funds 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
contracts when the order is placed with any category of
small or small disadvantaged business.
(f) SHIPMENT
OF HUMANITARIAN ASSISTANCE.—
During fiscal year 2004 and each fiscal year thereafter,
of the amounts made available by the United States Agen-
cy for International Development to carry out the provi-
sions of section 123(b) of the Foreign Assistance Act of
1961, funds may be made available to nongovernmental
organizations for administrative costs necessary to imple-
ment a program to obtain available donated space on com-
mercial ships for the shipment of humanitarian assistance
overseas.
(g) RECONSTITUTING CIVILIAN POLICE AUTHOR-
ITY.—In providing assistance with funds appropriated by
this Act under section 660(b)(6) of the Foreign Assistance
Act of 1961, support for a nation emerging from insta-
bility may be deemed to mean support for regional, dis-
trict, municipal, or other sub-national entity emerging
from instability, as well as a nation emerging from insta-
bility.
(h) NATIONAL ENDOWMENT
FOR DEMOCRACY.—
Funds appropriated by this Act that are provided to the
National Endowment for Democracy may be provided not-
withstanding any other provision of law or regulation.
ARAB LEAGUE BOYCOTT OF ISRAEL
SEC. 535. It is the sense of the Congress that—
(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have 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 reso-
lution of the Israeli-Arab conflict;
(4) the remaining Arab League states should
normalize relations with their neighbor Israel;
(5) the President and the Secretary of State
should continue to vigorously oppose the Arab
League boycott of Israel and find concrete steps to
demonstrate that opposition by, for example, taking
into consideration the participation of any recipient
country in the boycott when determining to sell
weapons to said country; and
(6) the President should report to Congress 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, includ-
ing those to encourage allies and trading partners of
the United States to enact laws prohibiting busi-
nesses from complying with the boycott and penal-
izing businesses that do comply.
ADMINISTRATION OF JUSTICE ACTIVITIES
SEC. 536. Of the funds appropriated or otherwise
made available by this Act or any subsequent Act for
‘‘Economic Support Fund’’, assistance may be provided
to strengthen the administration of justice in countries in
Latin America and the Caribbean and in other regions
consistent with the provisions of section 534(b) of the For-
eign Assistance Act of 1961, except that programs to en-
hance protection of participants in judicial cases may be
conducted notwithstanding section 660 of that Act. Funds
made available pursuant to this section may be made
available notwithstanding section 534(c) and the second
and third sentences of section 534(e) of the Foreign As-
sistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 537. (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
appropriated by this Act to carry out the provisions of
chapters 1, 10, 11, and 12 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961, and from
funds appropriated under the heading ‘‘Assistance for
Eastern Europe and the Baltic States’’: Provided, That
before using the authority of this subsection to furnish as-
sistance in support of programs of nongovernmental orga-
nizations, the President shall notify the Committees on
Appropriations under the regular notification procedures
of those committees, including a description of the pro-
gram to be assisted, the assistance to be provided, and
the reasons for furnishing such assistance: Provided fur-
ther, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abor-
tion 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 re-
strict assistance under the Agricultural Trade Develop-
ment and Assistance Act of 1954: Provided, That none
of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be
obligated or expended except as provided through the reg-
ular notification procedures of the Committees on Appro-
priations.
(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 sup-
port international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision
of law prohibiting assistance to the government of a
country that violates internationally recognized
human rights.
RESERVATIONS OF FUNDS
SEC. 538. (a) Funds appropriated by this Act which
are earmarked may be reprogrammed for other programs
within the same account notwithstanding the earmark if
compliance with the earmark is made impossible by 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-
able under the same terms and conditions as originally
provided.
(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 re-
ports promptly to the Committees on Appropriations that
the termination of assistance to a country or a significant
change in circumstances makes it unlikely that such ear-
marked funds can be obligated during the original period
of availability: Provided, That such earmarked funds that
are continued available for an additional fiscal year shall
be obligated only for the purpose of such earmark.
CEILINGS AND EARMARKS
SEC. 539. Ceilings and earmarks contained in this
Act shall not be applicable to funds or authorities appro-
priated or otherwise made available by any subsequent Act
unless such Act specifically so directs. Earmarks or min-
imum funding requirements contained in any other Act
shall not be applicable to funds appropriated by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 540. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
within the United States not authorized before the date
of the enactment of this Act by the Congress: Provided,
That not to exceed $750,000 may be made available to
carry out the provisions of section 316 of Public Law 96–
533.
PROHIBITION OF PAYMENTS TO UNITED NATIONS
MEMBERS
SEC. 541. None of the funds appropriated or made
available pursuant to this Act for carrying out the Foreign
Assistance Act of 1961, may be used to pay in whole or
in part any assessments, arrearages, or dues of any mem-
ber of the United Nations or, from funds appropriated by
this Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961, the costs for participation of an-
other country’s delegation at international conferences
held under the auspices of multilateral or international or-
ganizations.
NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION
SEC. 542. 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.
PROHIBITION
ON
ASSISTANCE
TO
FOREIGN
GOVERN-
MENTS
THAT
EXPORT
LETHAL
MILITARY
EQUIP-
MENT TO COUNTRIES SUPPORTING INTERNATIONAL
TERRORISM
SEC. 543. (a) None of the funds appropriated or oth-
erwise 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 for-
eign government shall terminate 12 months after that gov-
ernment ceases to provide such military equipment. This
section applies with respect to lethal military equipment
provided under a contract entered into after October 1,
1997.
(b) Assistance restricted by subsection (a) or any
other similar provision of law, may be furnished if the
President determines that furnishing such assistance is
important to the national interests of the United States.
(c) Whenever the waiver authority of subsection (b)
is exercised, the President shall submit to the appropriate
congressional committees a report with respect to the 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 an explanation of how the assistance furthers United
States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES
OWED BY FOREIGN COUNTRIES
SEC. 544. (a) IN GENERAL.—Of the funds appro-
priated under this Act that are made available for a for-
eign country under part I of the Foreign Assistance Act
of 1961, an amount equivalent to 110 percent of the total
unpaid fines determined to be owed under the parking pro-
grams in the District of Columbia and New York City,
New York by such country as of September 30, 2003 that
were incurred after the first day of the fiscal year pre-
ceding the current fiscal year shall be withheld from obli-
gation for such country until the Secretary of State cer-
tifies and reports in writing to the appropriate congres-
sional committees that such fines and penalties are fully
paid to the governments of the District of Columbia and
New York City, New York.
(b) DEFINITION.—For purposes of this section, the
term ‘‘appropriate congressional committees’’ means the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Inter-
national Relations and the Committee on Appropriations
of the House of Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE
WEST BANK AND GAZA
SEC. 545. None of the funds appropriated by this Act
may be obligated for assistance for the Palestine Libera-
tion Organization for the West Bank and Gaza unless the
President has exercised the authority under section 604(a)
of the Middle East Peace Facilitation Act of 1995 (title
VI of Public Law 104–107) or any other legislation to sus-
pend or make inapplicable section 307 of the Foreign As-
sistance Act of 1961 and that suspension is still in effect:
Provided, That if the President fails to make the certifi-
cation 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 Lib-
eration Organization for the West Bank and Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 546. If the President determines that doing so
will contribute to a just resolution of charges regarding
genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to sec-
tion 552(c) of the Foreign Assistance Act of 1961, as
amended, of up to $30,000,000 of commodities and serv-
ices 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 com-
missions as the Council may establish or authorize to deal
with such violations, without regard to the ceiling limita-
tion contained in paragraph (2) thereof: Provided, That
the determination required under this section shall be in
lieu of any determinations otherwise required under sec-
tion 552(c): Provided further, That the drawdown made
under this section for any tribunal shall not be construed
as an endorsement or precedent for the establishment of
any standing or permanent international criminal tribunal
or court: Provided further, That funds made available for
tribunals other than Yugoslavia or Rwanda shall be made
available subject to the regular notification procedures of
the Committees on Appropriations.
LANDMINES
SEC. 547. Notwithstanding any other provision of
law, demining equipment available to the United States
Agency for International Development and the Depart-
ment of State and used in support of the clearance of
landmines and unexploded ordnance for humanitarian
purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the
President may prescribe.
RESTRICTIONS CONCERNING THE PALESTINIAN
AUTHORITY
SEC. 548. None of the funds appropriated by this Act
may be obligated or expended to create in any part of Je-
rusalem a new office of any department or agency of the
United States Government for the purpose of conducting
official United States Government business with the Pal-
estinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-
PLO Declaration of Principles: Provided, That this re-
striction shall not apply to the acquisition of additional
space for the existing Consulate General in Jerusalem:
Provided further, That meetings between officers and em-
ployees of the United States and officials of the Pales-
tinian Authority, or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of Prin-
ciples, for the purpose of conducting official United States
Government business with such authority should continue
to take place in locations other than Jerusalem. As has
been true in the past, officers and employees of the United
States Government may continue to meet in Jerusalem on
other subjects with Palestinians (including those who now
occupy positions in the Palestinian Authority), have social
contacts, and have incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 549. None of the funds appropriated or other-
wise made available by this Act under the heading ‘‘Inter-
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, includ-
ing but not limited to entrance fees at sporting
events, theatrical and musical productions, and
amusement parks.
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO
UNITED NATIONS AGENCIES
SEC. 550. None of the funds appropriated by this Act
may be made available to pay any voluntary contribution
of the United States to the United Nations (including the
United Nations Development Program) if the United Na-
tions implements or imposes any taxation on any United
States persons.
HAITI
SEC. 551. The Government of Haiti shall be eligible
to purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.), for the Coast
Guard.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN
AUTHORITY
SEC. 552. (a) PROHIBITION OF FUNDS.—None of the
funds appropriated by this Act to carry out the provisions
of chapter 4 of part II of the Foreign Assistance Act of
1961 may be obligated or expended with respect to pro-
viding funds to the Palestinian Authority.
(b) WAIVER.—The prohibition included in subsection
(a) shall not apply if the President certifies in writing to
the Speaker of the House of Representatives and the
President pro tempore of the Senate that waiving such
prohibition is important to the national security interests
of the United States.
(c) PERIOD
OF APPLICATION
OF WAIVER.—Any
waiver pursuant to subsection (b) shall be effective for no
more than a period of 6 months at a time and shall not
apply beyond 12 months after the enactment of this Act.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 553. None of the funds made available by this
Act may be provided to any unit of the security forces
of a foreign country if the Secretary of State has credible
evidence that such unit has committed gross violations of
human rights, unless the Secretary determines and reports
to the Committees on Appropriations that the government
of such country is taking effective measures to bring the
responsible members of the security forces unit to justice:
Provided, That nothing in this section shall be construed
to withhold funds made available by this Act from any
unit of the security forces of a foreign country not credibly
alleged to be involved in gross violations of human rights:
Provided further, That in the event that funds are withheld
from any unit pursuant to this section, the Secretary of
State shall promptly inform the foreign government of the
basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effec-
tive measures to bring the responsible members of the se-
curity 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 Appropria-
tions of the House of Representatives and the Senate by
the date specified in that section.
KOREAN PENINSULA ENERGY DEVELOPMENT
ORGANIZATION
SEC. 555. None of the funds appropriated by this Act
may be made available for assistance to the Korean Penin-
sula Energy Organization (KEDO).
PALESTINIAN STATEHOOD
SEC. 556. (a) LIMITATION ON ASSISTANCE.—None
of the funds appropriated by this Act may be provided
to support a Palestinian state unless the Secretary of
State determines and certifies to the appropriate congres-
sional committees that—
(1) a new leadership of a Palestinian governing
entity has been democratically elected through cred-
ible and competitive elections;
(2) the elected governing entity of a new Pales-
tinian state—
(A) has demonstrated a firm commitment
to peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to
counter terrorism and terrorist financing in the
West Bank and Gaza, including the dismantling
of terrorist infrastructures;
(C) is establishing a new Palestinian secu-
rity entity that is fully cooperative with appro-
priate Israeli and other appropriate security or-
ganizations; and
(3) the Palestinian Authority (or the governing
body of a new Palestinian state) is working with
other countries in the region to vigorously pursue ef-
forts to establish a just, lasting, and comprehensive
peace in the Middle East that will enable Israel and
an independent Palestinian state to exist within the
context of full and normal relationships, which
should include—
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of
the sovereignty, territorial integrity, and polit-
ical independence of every state in the area
through measures including the establishment
of demilitarized zones;
(C) their right to live in peace within se-
cure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through inter-
national waterways in the area; and
(E) a framework for achieving a just set-
tlement of the refugee problem.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the newly elected governing entity should enact
a constitution assuring the rule of law, an independent ju-
diciary, and respect for human rights for its citizens, and
should enact other laws and regulations assuring trans-
parent and accountable governance.
(c) WAIVER.—The President may waive subsection
(a) if he determines that it is vital to the national security
interests of the United States to do so.
(d) EXEMPTION.—The restriction in subsection (a)
shall not apply to assistance intended to help reform the
Palestinian Authority and affiliated institutions, or a
newly elected governing entity, in order to help meet the
requirements of subsection (a), consistent with the provi-
sions of section 552 of this Act (‘‘Limitation on Assistance
to the Palestinian Authority’’).
COLOMBIA
SEC. 557. (a) DETERMINATION AND CERTIFICATION
REQUIRED.—Notwithstanding any other provision of law,
funds appropriated by this Act that are available for as-
sistance for the Colombian Armed Forces, may be made
available as follows:
(1) Up to 75 percent of such funds may be obli-
gated prior to a determination and certification by
the Secretary of State pursuant to paragraph (2).
(2) The balance of such funds may be obligated
only after the Secretary of State certifies and re-
ports to the appropriate congressional committees
that:
(A) The Commander General of the Co-
lombian Armed Forces is suspending from the
Armed Forces those members, of whatever
rank, who have been credibly alleged to have
committed gross violations of human rights, in-
cluding extra-judicial killings, or to have aided
or abetted paramilitary organizations.
(B) The Colombian Government is pros-
ecuting those members of the Colombian Armed
Forces, of whatever rank, who have been
credibly alleged to have committed gross viola-
tions of human rights, including extra-judicial
killings, or to have aided or abetted para-
military organizations, and is punishing those
members of the Colombian Armed Forces found
to have committed such violations of human
rights or to have aided or abetted paramilitary
organizations.
(C) The Colombian Armed Forces are co-
operating with civilian prosecutors and judicial
authorities in such cases (including providing
requested information, such as the identity of
persons suspended from the Armed Forces and
the nature and cause of the suspension, and ac-
cess to witnesses, relevant military documents,
and other requested information).
(D) The Colombian Armed Forces are sev-
ering links (including denying access to military
intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or
tacit cooperation) at the command, battalion,
and brigade levels, with paramilitary organiza-
tions.
(E) The Colombian Armed Forces are exe-
cuting orders for capture of leaders of para-
100
military organizations that continue armed con-
flict.
(b) CONSULTATIVE PROCESS.—At least 10 days prior
to making the certification required by subsection (a), the
Secretary of State shall consult with internationally recog-
nized human rights organizations regarding progress in
meeting the conditions contained in that subsection.
(c) DEFINITIONS.—In this section:
(1) AIDED OR ABETTED.—The term ‘‘aided or
abetted’’ means to provide any support to para-
military groups, including taking actions which
allow, facilitate, or otherwise foster the activities of
such groups.
(2) PARAMILITARY GROUPS.—The term ‘‘para-
military groups’’ means illegal self-defense groups
and illegal security cooperatives.
ILLEGAL ARMED GROUPS
SEC. 558. (a) DENIAL OF VISAS TO SUPPORTERS OF
COLOMBIAN ILLEGAL ARMED GROUPS.—Subject to sub-
section (b), the Secretary of State shall not issue a visa
to any alien who the Secretary determines, based on cred-
ible evidence—
(1) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC),
the National Liberation Army (ELN), or the United
Self-Defense Forces of Colombia (AUC), including
101
taking actions or failing to take actions which allow,
facilitate, or otherwise foster the activities of such
groups; or
(2) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross
violations of human rights, including extra-judicial
killings, in Colombia.
(b) WAIVER.—Subsection (a) shall not apply if the
Secretary of State determines and certifies to the appro-
priate congressional committees, on a case-by-case basis,
that the issuance of a visa to the alien is necessary to
support the peace process in Colombia or for urgent hu-
manitarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN
BROADCASTING CORPORATION
SEC. 559. None of the funds appropriated or other-
wise made available by this Act may be used to provide
equipment, technical support, consulting services, or any
other form of assistance to the Palestinian Broadcasting
Corporation.
WEST BANK AND GAZA PROGRAM
SEC. 560. (a) OVERSIGHT.—For fiscal year 2004, 30
days prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State
shall certify to the appropriate committees of Congress
that procedures have been established to assure the Comp-
102
troller General of the United States will have access to
appropriate United States financial information in order
to review the uses of United States assistance for the Pro-
gram funded under the heading ‘‘Economic Support
Fund’’ for the West Bank and Gaza.
(b) VETTING.—Prior to the obligation of funds ap-
propriated by this Act under the heading ‘‘Economic Sup-
port Fund’’ for assistance for the West Bank and Gaza,
the Secretary of State shall take all appropriate steps to
ensure that such assistance is not provided to or through
any individual or entity that the Secretary knows or has
reason to believe advocates, plans, sponsors, engages in,
or has engaged in, terrorist activity. The Secretary of
State shall, as appropriate, establish procedures specifying
the steps to be taken in carrying out this subsection.
(c) AUDITS.—(1) The Administrator of the United
States Agency for International Development shall ensure
that Federal or non-Federal audits of all contractors and
grantees, and significant subcontractors and subgrantees,
under the West Bank and Gaza Program, are conducted
at least on an annual basis to ensure, among other things,
compliance with this section.
(2) Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’ that are made avail-
able for assistance for the West Bank and Gaza, up to
103
$1,000,000 may be used by the Office of the Inspector
General of the United States Agency for International De-
velopment for audits, inspections, and other activities in
furtherance of the requirements of this subsection. Such
funds are in addition to funds otherwise available for such
purposes.
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
SEC. 561. (a) LIMITATIONS ON AMOUNT OF CON-
TRIBUTION.—Of the amounts made available under
‘‘International 
Organizations 
and 
Programs’’,
$25,000,000 for fiscal year 2004 shall be available for the
United Nations Population Fund (hereafter in this section
referred to as the ‘‘UNFPA’’) subject to subsection (c).
(b) PROHIBITION ON USE OF FUNDS IN CHINA.—
None of the funds made available under ‘‘International
Organizations and Programs’’ may be made available for
the UNFPA for a country program in the People’s Repub-
lic of China.
(c) CONDITIONS
ON AVAILABILITY
OF FUNDS.—
Amounts made available under ‘‘International Organiza-
tions and Programs’’ for fiscal year 2004 for the UNFPA
may not be made available to the UNFPA unless—
(1) the UNFPA maintains amounts made avail-
able to the UNFPA under this section in an account
separate from other accounts of the UNFPA;
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(2) the UNFPA does not commingle amounts
made available to the UNFPA under this section
with other sums;
(3) the UNFPA does not fund abortions; and
(4) the UNFPA does not provide any funding
for the State Planned-Birth Commission (Jihua
Shengyu Weiyuanhui) or its regional affiliates in the
People’s Republic of China.
(d) REPORT TO THE CONGRESS AND WITHHOLDING
OF FUNDS.—
(1) Not later than February 15, 2004, the Sec-
retary of State shall submit a report to the appro-
priate congressional committees indicating the
amount of funds that the UNFPA is budgeting for
the year in which the report is submitted for a coun-
try program in the People’s Republic of China.
(2) If a report under paragraph (1) indicates
that the UNFPA plans to spend funds for a country
program in the People’s Republic of China in the
year covered by the report, then the amount of such
funds that the UNFPA plans to spend in the Peo-
ple’s Republic of China shall be deducted from the
funds made available to the UNFPA after March 1
for obligation for the remainder of the fiscal year in
which the report is submitted.
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PROCUREMENT AND FINANCIAL MANAGEMENT REFORM
SEC. 562. (a) FUNDING CONDITIONS.—Of the funds
made available under the heading ‘‘International Financial
Institutions’’ in this Act, 10 percent of the United States
portion or payment to such International Financial Insti-
tution shall be withheld by the Secretary of the Treasury,
until the Secretary certifies to the Committees on Appro-
priations that, to the extent pertinent to its lending pro-
grams, the institution is—
(1) implementing procedures for conducting an-
nual audits by qualified independent auditors for all
new investment lending;
(2) implementing procedures for annual inde-
pendent external audits of central bank financial
statements for countries making use of International
Monetary Fund resources under new arrangements
or agreements with the Fund;
(3) taking steps to establish an independent
fraud and corruption investigative organization or
office;
(4) implementing a process to assess a recipient
country’s procurement and financial management
capabilities including an analysis of the risks of cor-
ruption prior to initiating new investment lending;
and
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(5) taking steps to fund and implement pro-
grams and policies to improve transparency and
anti-corruption programs and procurement and fi-
nancial management controls in recipient countries.
(b) DEFINITIONS.—The term ‘‘International Finan-
cial Institutions’’ means the International Bank for Re-
construction and Development, the International Develop-
ment Association, the International Finance Corporation,
the Inter-American Development Bank, the Inter-Amer-
ican Investment Corporation, the Enterprise for the Amer-
icas Multilateral Investment Fund, the Asian Development
Bank, the Asian Development Fund, the African Develop-
ment Bank, the African Development Fund, the European
Bank for Reconstruction and Development, and the Inter-
national Monetary Fund.
WAR CRIMINALS
SEC. 563. (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be
made available for assistance, and the Secretary of the
Treasury shall instruct the United States executive direc-
tors to the international financial institutions to vote
against any new project involving the extension by such
institutions of any financial or technical assistance, to any
country, entity, or municipality whose competent authori-
ties have failed, as determined by the Secretary of State,
to take necessary and significant steps to implement its