In the Senate of the United States,
October 30, 2003.
Resolved, That the bill from the House of Representa-
tives (H.R. 2800) entitled ‘‘An Act making appropriations for
foreign operations, export financing, and related programs for
the fiscal year ending September 30, 2004, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2004, and for other pur-
poses, namely:
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TITLE I—EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK
For necessary expenses of the Office of Inspector Gen-
eral of the Export-Import Bank of the United States in car-
rying out the provisions of the Inspector General Act of
1978, as amended, $1,000,000.
EXPORT-IMPORT BANK LOANS PROGRAM ACCOUNT
The Export-Import Bank of the United States is au-
thorized to make such expenditures within the limits of
funds and borrowing authority available to such corpora-
tion, and in accordance with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
tations, as provided by section 104 of the Government Cor-
poration Control Act, as may be necessary in carrying out
the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the cur-
rent fiscal year may be used to make expenditures, con-
tracts, or commitments for the export of nuclear equipment,
fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the
Non-Proliferation of Nuclear Weapons eligible to receive
economic or military assistance under this Act, that has
detonated a nuclear explosive after the date of the enactment
of this Act: Provided further, That notwithstanding section
1(c) of Public Law 103–428, as amended, sections 1(a) and
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(b) of Public Law 103–428 shall remain in effect through
October 1, 2004.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct
and guaranteed loan and insurance programs, including
hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, and not to exceed $30,000 for official
reception and representation expenses for members of the
Board of Directors, $74,395,000: Provided, That the Ex-
port-Import Bank may accept, and use, payment or services
provided by transaction participants for legal, financial,
or technical services in connection with any transaction for
which an application for a loan, guarantee or insurance
commitment has been made: Provided further, That, not-
withstanding subsection (b) of section 117 of the Export En-
hancement Act of 1992, subsection (a) thereof shall remain
in effect until October 1, 2004.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is au-
thorized to make, without regard to fiscal year limitations,
as provided by 31 U.S.C. 9104, such expenditures and com-
mitments within the limits of funds available to it and in
accordance with law as may be necessary: Provided, That
the amount available for administrative expenses to carry
out the credit and insurance programs (including an
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amount for official reception and representation expenses
which shall not exceed $35,000) shall not exceed
$41,385,000: Provided further, That project-specific trans-
action costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of
1961, shall not be considered administrative expenses for
the purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans,
$24,000,000, as authorized by section 234 of the Foreign
Assistance Act of 1961, to be derived by transfer from the
Overseas Private Investment Corporation Non-Credit Ac-
count: Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such sums shall be available for direct loan obligations and
loan guaranty commitments incurred or made during fiscal
years 2004 and 2005: Provided further, That such sums
shall remain available through fiscal year 2012 for the dis-
bursement of direct and guaranteed loans obligated in fiscal
year 2004, and through fiscal year 2013 for the disburse-
ment of direct and guaranteed loans obligated in fiscal year
2005.
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In addition, such sums as may be necessary for admin-
istrative expenses to carry out the credit program may be
derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the Over-
seas Private Investment Corporation Noncredit Account
and merged with said account.
FUNDS APPROPRIATED TO THE PRESIDENT
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$50,000,000, to remain available until September 30, 2005.
TITLE II—BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to carry
out the provisions of the Foreign Assistance Act of 1961,
and for other purposes, to remain available until September
30, 2004, unless otherwise specified herein, as follows:
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act
of 1961, for child survival, health, and family planning/
reproductive health activities, in addition to funds other-
wise available for such purposes, $1,435,500,000, to remain
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available until September 30, 2005: Provided, That this
amount shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs;
(3) health, nutrition, water and sanitation programs which
directly address the needs of mothers and children, and re-
lated education programs; (4) assistance for displaced and
orphaned children; (5) programs for the prevention, treat-
ment, and control of, and research on, HIV/AIDS, tuber-
culosis, malaria, polio and other infectious diseases; and (6)
family planning/reproductive health: Provided further,
That none of the funds appropriated under this heading
may be made available for nonproject assistance, except
that funds may be made available for such assistance for
ongoing health activities: Provided further, That of the
funds appropriated under this heading, not to exceed
$150,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of
child survival, maternal and family planning/reproductive
health, and infectious disease programs: Provided further,
That the following amounts should be allocated as follows:
$345,000,000 for child survival and maternal health;
$30,000,000 for vulnerable children; $500,000,000 for HIV/
AIDS including not less than $22,000,000 which should be
made available to support the development of microbicides
as a means for combating HIV/AIDS; $185,000,000 for
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other infectious diseases; and $375,500,000 for family plan-
ning/reproductive health, including in areas where popu-
lation growth threatens biodiversity or endangered species:
Provided further, That of the funds appropriated under this
heading that are available for HIV/AIDS programs and ac-
tivities, $18,000,000 should be made available for the Inter-
national AIDS Vaccine Initiative: Provided further, That
of the funds appropriated under this heading, $60,000,000
should be made available for a United States contribution
to The Vaccine Fund, and up to $6,000,000 may be trans-
ferred to and merged with funds appropriated by this Act
under the heading ‘‘Operating Expenses of the United
States Agency for International Development’’ for costs di-
rectly related to international health, but funds made avail-
able for such costs may not be derived from amounts made
available for contribution under this and the preceding pro-
viso: Provided further, That none of the funds made avail-
able in this Act nor any unobligated balances from prior
appropriations may be made available to any organization
or program which, as determined by the President of the
United States, supports or participates in the management
of a program of coercive abortion or involuntary steriliza-
tion: Provided further, That none of the funds made avail-
able under this Act may be used to pay for the performance
of abortion as a method of family planning or to motivate
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or coerce any person to practice abortions: Provided further,
That none of the funds made available under this Act may
be used to lobby for or against abortion: Provided further,
That in order to reduce reliance on abortion in developing
nations, funds shall be available only to voluntary family
planning projects which offer, either directly or through re-
ferral to, or information about access to, a broad range of
family planning methods and services, and that any such
voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other
numerical targets, of total number of births, number of fam-
ily planning acceptors, or acceptors of a particular method
of family planning (this provision shall not be construed
to include the use of quantitative estimates or indicators
for budgeting and planning purposes); (2) the project shall
not include payment of incentives, bribes, gratuities, or fi-
nancial reward to: (A) an individual in exchange for be-
coming a family planning acceptor; or (B) program per-
sonnel for achieving a numerical target or quota of total
number of births, number of family planning acceptors, or
acceptors of a particular method of family planning; (3)
the project shall not deny any right or benefit, including
the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence
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of any individual’s decision not to accept family planning
services; (4) the project shall provide family planning ac-
ceptors comprehensible information on the health benefits
and risks of the method chosen, including those conditions
that might render the use of the method inadvisable and
those adverse side effects known to be consequent to the use
of the method; and (5) the project shall ensure that experi-
mental contraceptive drugs and devices and medical proce-
dures are provided only in the context of a scientific study
in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which
the Administrator of the United States Agency for Inter-
national Development determines that there has been a vio-
lation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of viola-
tions of the requirements contained in paragraph (4) of this
proviso, the Administrator shall submit to the Committees
on Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural fam-
ily planning under section 104 of the Foreign Assistance
Act of 1961 no applicant shall be discriminated against be-
cause of such applicant’s religious or conscientious commit-
ment to offer only natural family planning; and, addition-
ally, all such applicants shall comply with the requirements
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of the previous proviso: Provided further, That for purposes
of this or any other Act authorizing or appropriating funds
for foreign operations, export financing, and related pro-
grams, the term ‘‘motivate’’, as it relates to family planning
assistance, shall not be construed to prohibit the provision,
consistent with local law, of information or counseling
about all pregnancy options: Provided further, That noth-
ing in this paragraph shall be construed to alter any exist-
ing statutory prohibitions against abortion under section
104 of the Foreign Assistance Act of 1961: Provided further,
That to the maximum extent feasible, taking into consider-
ation cost, timely availability, and best health practices,
funds appropriated in this Act or prior appropriations Acts
that are made available for condom procurement shall be
made available only for the procurement of condoms manu-
factured in the United States: Provided further, That infor-
mation provided about the use of condoms as part of
projects or activities that are funded from amounts appro-
priated by this Act shall be medically accurate and shall
include the public health benefits and failure rates of such
use.
DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of
sections 103, 105, 106, and 131, and chapter 10 of part
I of the Foreign Assistance Act of 1961, $1,423,000,000, to
remain available until September 30, 2005: Provided, That
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none of the funds appropriated under title II of this Act
that are managed by or allocated to the United States Agen-
cy for International Development’s Global Development
Secretariat, may be made available except through the reg-
ular notification procedures of the Committees on Appro-
priations: Provided further, That $220,000,000 should be
allocated for basic education: Provided further, That none
of the funds appropriated under this heading may be made
available for any activity which is in contravention to the
Convention on International Trade in Endangered Species
of Flora and Fauna: Provided further, That of the funds
appropriated under this heading that are made available
for assistance programs for displaced and orphaned chil-
dren and victims of war, not to exceed $32,500, in addition
to funds otherwise available for such purposes, may be used
to monitor and provide oversight of such programs: Pro-
vided further, That of the aggregate amount of the funds
appropriated by this Act that are made available for agri-
culture and rural development programs, $40,000,000
should be made available for plant biotechnology research
and development: Provided further, That not less than
$2,300,000 should be made available for core support for
the International Fertilizer Development Center: Provided
further, That of the funds appropriated under this heading,
not less than $1,000,000 shall be made available for support
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491 of the Foreign Assistance Act of 1961, $55,000,000, to
remain available until expended, to support transition to
democracy and to long-term development of countries in cri-
sis: Provided, That such support may include assistance to
develop, strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the
peaceful resolution of conflict: Provided further, That the
United States Agency for International Development shall
submit a report to the Committees on Appropriations at
least 5 days prior to beginning a new program of assist-
ance: Provided further, That if the President determines
that is important to the national interests of the United
States to provide transition assistance in excess of the
amount appropriated under this heading, up to $5,000,000
of the funds appropriated by this Act to carry out the provi-
sions of part I of the Foreign Assistance Act of 1961 may
be used for purposes of this heading and under the authori-
ties applicable to funds appropriated under this heading:
Provided further, That funds made available pursuant to
the previous proviso shall be made available subject to prior
consultation with the Committees on Appropriations.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees, as
authorized by sections 108 and 635 of the Foreign Assist-
ance Act of 1961, up to $21,000,000, to remain available
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until September 30, 2005, and to be derived by transfer
from funds appropriated by this Act to carry out part I
of such Act and under the heading ‘‘Assistance for Eastern
Europe and the Baltic States’’: Provided, That such costs,
including the cost of modifying such direct and guaranteed
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph and under this
heading in prior Acts making appropriations for foreign
operations, export financing, and related programs, may be
used for the cost of modifying any such guaranteed loans
under this Act or prior Acts.
In addition, for administrative expenses to carry out
credit programs administered by the United States Agency
for International Development, $8,000,000, to remain
available until September 30, 2004, which may be trans-
ferred to and merged with the appropriation for Operating
Expenses of the United States Agency for International De-
velopment.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY FUND
For payment to the ‘‘Foreign Service Retirement and
Disability Fund’’, as authorized by the Foreign Service Act
of 1980, $43,859,000.
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OPERATING EXPENSES OF THE UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions of
section 667, $604,100,000, of which up to $25,000,000 may
remain available until September 30, 2005: Provided, That
none of the funds appropriated under this heading and
under the heading ‘‘Capital Investment Fund’’ may be
made available to finance the construction (including archi-
tect and engineering services), purchase, or long term lease
of offices for use by the United States Agency for Inter-
national Development, unless the Administrator has identi-
fied such proposed construction (including architect and en-
gineering services), purchase, or long term lease of offices
in a report submitted to the Committees on Appropriations
at least 15 days prior to the obligation of these funds for
such purposes: Provided further, That contracts or agree-
ments entered into with funds appropriated under this
heading may entail commitments for the expenditure of
such funds through fiscal year 2005: Provided further, That
the previous proviso shall not apply where the total cost
of construction (including architect and engineering serv-
ices), purchase, or long term lease of offices does not exceed
$1,000,000.
CAPITAL INVESTMENT FUND
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
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information technology and related capital investments,
pursuant to section 667, $100,000,000, to remain available
until expended: Provided, That this amount is in addition
to funds otherwise available for such purposes: Provided
further, That the Administrator of the United States Agency
for International Development shall assess fair and reason-
able rental payments for the use of space by employees of
other United States Government agencies in buildings con-
structed using funds appropriated under this heading, and
such rental payments shall be deposited into this account
as an offsetting collection: Provided further, That the rental
payments collected pursuant to the previous proviso and de-
posited as an offsetting collection shall be available for obli-
gation only pursuant to the regular notification procedures
of the Committees on Appropriations: Provided further,
That the assignment of United States Government employ-
ees or contractors to space in buildings constructed using
funds appropriated under this heading shall be subject to
the concurrence of the Administrator of the United States
Agency for International Development: Provided further,
That funds appropriated under this heading shall be avail-
able for obligation only pursuant to the regular notification
procedures of the Committees on Appropriations.
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OPERATING EXPENSES OF THE UNITED STATES AGENCY
FOR
INTERNATIONAL
DEVELOPMENT
OFFICE
OF
IN-
SPECTOR GENERAL
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$35,000,000, to remain available until September 30, 2005,
which sum shall be available for the Office of the Inspector
General of the United States Agency for International De-
velopment.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,415,000,000, to remain available
until September 30, 2005: Provided, That of the funds ap-
propriated under this heading, not less than $480,000,000
shall be available only for Israel, which sum shall be avail-
able on a grant basis as a cash transfer and shall be dis-
bursed within 30 days of the enactment of this Act: Pro-
vided further, That not less than $575,000,000 shall be
available only for Egypt, which sum shall be provided on
a grant basis, and of which sum cash transfer assistance
shall be provided with the understanding that Egypt will
undertake significant economic reforms which are addi-
tional to those which were undertaken in previous fiscal
years, and of which not less than $200,000,000 shall be pro-
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vided as Commodity Import Program assistance: Provided
further, That of the funds made available pursuant to the
previous proviso, $2,000,000 shall be made available for the
Ibn Khaldun Center for Development: Provided further,
That the Government of Egypt should promptly provide the
United States Embassy in Cairo with assurances that it
will honor contracts entered into with United States compa-
nies in a timely manner: Provided further, That in exer-
cising the authority to provide cash transfer assistance for
Israel, the President shall ensure that the level of such as-
sistance does not cause an adverse impact on the total level
of nonmilitary exports from the United States to such coun-
try and that Israel enters into a side letter agreement in
an amount proportional to the fiscal year 1999 agreement:
Provided further, That of the funds appropriated under this
heading, not less than $250,000,000 shall be made available
for assistance for Jordan: Provided further, That of the
funds appropriated under this heading, up to $5,000,000
may be made available for the Yitzhak Rabin Center for
Israel Studies in Tel Aviv, Israel, and up to $5,000,000
may be made available for the Center for Human Dignity
Museum of Tolerance in Jerusalem, Israel: Provided fur-
ther, That of the funds appropriated under this heading,
up to $1,000,000 should be used to further legal reforms in
the West Bank and Gaza, including judicial training on
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commercial disputes and ethics: Provided further, That of
the funds appropriated under this heading that are made
available for assistance for Pakistan, not less than
$10,000,000 should be made available to support programs
and activities conducted by indigenous organizations that
seek to further educational, health, employment, and other
opportunities for the people of Pakistan: Provided further,
That of the funds made available for indigenous organiza-
tions pursuant to the previous proviso, $4,000,000 should
be made available for the Pakistan Human Development
Fund and $1,000,000 for the Amanut Society: Provided fur-
ther, That $15,000,000 of the funds appropriated under this
heading shall be made available for Cyprus to be used only
for scholarships, administrative support of the scholarship
program, bicommunal projects, and measures aimed at re-
unification of the island and designed to reduce tensions
and promote peace and cooperation between the two com-
munities on Cyprus: Provided further, That $35,000,000 of
the funds appropriated under this heading shall be made
available for assistance for Lebanon, of which not less than
$4,000,000 shall be made available only for American edu-
cational institutions for scholarships and other programs:
Provided further, That notwithstanding section 634(a) of
this Act, funds appropriated under this heading that are
made available for assistance for the Central Government
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of Lebanon shall be subject to the regular notification proce-
dures of the Committees on Appropriations: Provided fur-
ther, That the Government of Lebanon should enforce the
custody and international pickup orders, issued during cal-
endar year 2001, of Lebanon’s civil courts regarding ab-
ducted American children in Lebanon: Provided further,
That of the funds appropriated under this heading, not less
than $10,000,000 shall be made available for programs and
activities in rural Mexico to promote microcredit lending,
small business and entrepreneurial development, and pri-
vate property ownership in rural communities, and to sup-
port small farmers who have been affected by adverse eco-
nomic conditions: Provided further, That funds made avail-
able pursuant to the previous proviso may be made avail-
able only if the case involving three Americans arrested in
Oaxaca, Mexico on October 6, 2003, in connection with a
private property dispute is resolved satisfactorily, and such
funds shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further,
That of the funds appropriated under this heading, not less
than $25,000,000 shall be made available for assistance for
the Democratic Republic of Timor-Leste to support subsist-
ence agriculture and other income generating opportunities,
expand basic education and vocational training, strengthen
the judiciary, promote good governance and the sustainable
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use of natural resources, and improve health care and other
basic human services and physical infrastructure, of which
up to $1,000,000 may be available for administrative ex-
penses of the United States Agency for International Devel-
opment: Provided further, That of the funds made available
under this heading, not less than $2,500,000 shall be made
available, in addition to amounts otherwise available for
such purposes, as a United States contribution to the Office
of the United Nations High Commissioner for Human
Rights, to support its activities including human rights
training for peacekeepers, activities to address trafficking
in persons, monitoring and field activities: Provided fur-
ther, That of the funds appropriated under this heading,
not less than $250,000 shall be made available to support
the Commission to Investigate Illegal Groups and Clandes-
tine Security Apparatus in Guatemala: Provided further,
That of the funds appropriated under this heading, not less
than $2,500,000 shall be made available for assistance for
countries to implement and enforce the Kimberley Process
Certification Scheme: Provided further, That funds appro-
priated under this heading may be used, notwithstanding
any other provision of law, to provide assistance to the Na-
tional Democratic Alliance of Sudan to strengthen its abil-
ity to protect civilians from attacks, slave raids, and aerial
bombardment by the Sudanese Government forces and its
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militia allies, and the provision of such funds shall be sub-
ject to the regular notification procedures of the Committees
on Appropriations: Provided further, That in the previous
proviso, the term ‘‘assistance’’ includes non-lethal, non-food
aid such as blankets, medicine, fuel, mobile clinics, water
drilling equipment, communications equipment to notify
civilians of aerial bombardment, non-military vehicles,
tents, and shoes: Provided further, That of the funds appro-
priated under this heading, not less than $2,500,000 shall
be made available during fiscal year 2004 for a contribu-
tion to the Special Court for Sierra Leone: Provided fur-
ther, That of the funds appropriated under this heading,
not less than $3,500,000 should be made available for East
Asia and Pacific Environment Initiatives: Provided fur-
ther, That of the funds appropriated under this heading,
$10,000,000 shall be made available to continue to support
the provision of wheelchairs for needy persons in developing
countries: Provided further, That of the funds appropriated
under this heading, $3,000,000 should be made available
for the Foundation for Security and Sustainability: Pro-
vided further, That of the funds appropriated under this
heading, not less than $350,000 should be made available,
notwithstanding any other provision of law, for the Na-
tional Endowment for Democracy to support democracy
and human rights in North Korea: Provided further, That
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of the funds appropriated under this heading, up to
$1,000,000 should be made available for a program to pro-
mote greater understanding and interaction among youth
in Albania, Kosovo, Montenegro and Macedonia: Provided
further, That of the funds made available under this head-
ing and the heading ‘‘Office of Transition Initiatives’’, not
less than $5,000,000 shall be made available for disar-
mament, demobilization, and reintegration of child soldiers
in Liberia: Provided further, That of the funds appro-
priated under this heading, up to $15,000,000 should be
made available as a United States contribution to the Orga-
nization of American States for expenses related to the OAS
Special Mission in Haiti and the implementation of OAS
Resolution 822 and subsequent resolutions related to im-
proving security and the holding of elections to resolve the
political impasse created by the disputed May 2000 election:
Provided further, That with respect to funds appropriated
under this heading in this Act or prior Acts making appro-
priations for foreign operations, export financing, and re-
lated programs, the responsibility for policy decisions and
justifications for the use of such funds, including whether
there will be a program for a country that uses those funds
and the amount of each such program, shall be the responsi-
bility of the Secretary of State and the Deputy Secretary
of State and this responsibility shall not be delegated.
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ACTIVITIES TO COMBAT HIV/AIDS GLOBALLY FUND
For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treat-
ment, and control of, and research on, HIV/AIDS,
$700,000,000, to remain available until expended: Pro-
vided, That of the funds appropriated under this heading,
up to $250,000,000 may be made available, notwith-
standing any other provision of law, except for the United
States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.)
as amended by section 699J of this Act, for a United States
contribution to the Global Fund to Fight AIDS, Tuber-
culosis and Malaria: Provided further, That such contribu-
tion shall be expended at the minimum rate necessary to
make timely payment for projects and activities: Provided
further, That of the funds appropriated under this heading,
$150,000,000 is made available for the International Moth-
er and Child HIV Prevention Initiative: Provided further,
That funds made available for HIV/AIDS programs and
activities under the headings ‘‘Child Survival and Health
Programs Fund’’, ‘‘Economic Support Fund’’, ‘‘Assistance
for Eastern Europe and the Baltic States’’ and ‘‘Assistance
for the Independent States of the Former Soviet Union’’ in
this Act may be transferred to and merged with funds ap-
propriated under this heading: Provided further, That of
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the funds appropriated under this heading, $20,000,000
may be apportioned directly to the Peace Corps to remain
available until expended for necessary expenses to carry out
activities to combat HIV/AIDS, tuberculosis and malaria:
Provided further, That of the funds appropriated under this
heading, funds shall be made available to the World Health
Organization’s HIV/AIDS, Tuberculosis and Malaria Clus-
ter: Provided further, That of the funds appropriated under
this heading, not more than $8,000,000 may be made avail-
able for administrative expenses of the office of the ‘‘Coordi-
nator of United States Government Activities to Combat
HIV/AIDS Globally’’ of the Department of State: Provided
further, That of the funds appropriated under this heading,
not less than $28,000,000 shall be made available for a
United States contribution to UNAIDS: Provided further,
That the Coordinator should seek to ensure that an appro-
priate percent of the budget for prevention and treatment
programs of the Global Fund to Fight AIDS, Tuberculosis
and Malaria is made available to support technical assist-
ance to ensure the quality of such programs: Provided fur-
ther, That of the funds appropriated under this heading,
not less than $29,000,000 shall be made available for injec-
tion safety programs, including national planning, the pro-
vision 
and 
international 
transport 
of 
nonreusable
autodisposable syringes or other safe injection equipment,
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public education, training of health providers, waste man-
agement, and publication of quantitative results: Provided
further, That of the funds appropriated under this heading,
not less than $46,000,000 shall be made available for blood
safety programs, including the establishment and support
of national blood services, the provision of rapid HIV test
kits, staff training, and quality assurance programs.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC
STATES
(a) For necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 and the Support for
East European Democracy (SEED) Act of 1989,
$445,000,000, to remain available until September 30,
2005, which shall be available, notwithstanding any other
provision of law, for assistance and for related programs
for Eastern Europe and the Baltic States: Provided, That
of the funds appropriated under this heading that are made
available for assistance for Bulgaria, $3,000,000 should be
made available to enhance safety at nuclear power plants:
Provided further, That of the funds appropriated under this
heading, and under the headings ‘‘Assistance for the Inde-
pendent States of the Former Soviet Union’’ and ‘‘Eco-
nomic Support Fund’’, not less than $50,000,000 shall be
made available for programs for the prevention, treatment,
and control of, and research on, HIV/AIDS, tuberculosis,
and malaria.
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(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available
for an Enterprise Fund may be deposited by such Fund
in interest-bearing accounts prior to the Fund’s disburse-
ment of such funds for program purposes. The Fund may
retain for such program purposes any interest earned on
such deposits without returning such interest to the Treas-
ury of the United States and without further appropriation
by the Congress. Funds made available for Enterprise
Funds shall be expended at the minimum rate necessary
to make timely payment for projects and activities.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign As-
sistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
(d) With regard to funds appropriated under this
heading for the economic revitalization program in Bosnia
and Herzegovina, and local currencies generated by such
funds (including the conversion of funds appropriated
under this heading into currency used by Bosnia and
Herzegovina as local currency and local currency returned
or repaid under such program) the Administrator of the
United States Agency for International Development shall
provide written approval for grants and loans prior to the
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obligation and expenditure of funds for such purposes, and
prior to the use of funds that have been returned or repaid
to any lending facility or grantee.
(e) The provisions of section 629 of this Act shall apply
to funds made available under subsection (d) and to funds
appropriated under this heading: Provided, That notwith-
standing any provision of this or any other Act, including
provisions in this subsection regarding the application of
section 629 of this Act, local currencies generated by, or con-
verted from, funds appropriated by this Act and by previous
appropriations Acts and made available for the economic
revitalization program in Bosnia may be used in Eastern
Europe and the Baltic States to carry out the provisions
of the Foreign Assistance Act of 1961 and the Support for
East European Democracy (SEED) Act of 1989.
(f) The President is authorized to withhold funds ap-
propriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropria-
tions that the Federation of Bosnia and Herzegovina has
not complied with article III of annex 1–A of the General
Framework 
Agreement 
for 
Peace 
in 
Bosnia 
and
Herzegovina concerning the withdrawal of foreign forces,
and that intelligence cooperation on training, investiga-
tions, and related activities between state sponsors of ter-
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rorism and terrorist organizations and Bosnian officials
has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE
FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions
of chapters 11 and 12 of part I of the Foreign Assistance
Act of 1961 and the FREEDOM Support Act, for assistance
for the Independent States of the former Soviet Union and
for related programs, $596,000,000, to remain available
until September 30, 2005: Provided, That the provisions of
such chapters shall apply to funds appropriated by this
paragraph: Provided further, That of the funds made avail-
able for the Southern Caucasus region, notwithstanding any
other provision of law, funds may be used for confidence-
building measures and other activities in furtherance of the
peaceful resolution of the regional conflicts, especially those
in the vicinity of Abkhazia and Nagorno-Karabagh: Pro-
vided further, That of the funds appropriated under this
heading, $20,000,000 shall be made available solely for as-
sistance for the Russian Far East: Provided further, That
$5,000,000 shall be made available to promote freedom of
the media and an independent media in Russia: Provided
further, That not less than $3,000,000 shall be made avail-
able for programs and activities authorized under section
307 of the FREEDOM Support Act (Public Law 102–511):
Provided further, That of the funds appropriated under this
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heading, $500,000 shall be made available to support de-
mocracy building programs in Russia through the
Sakharov Archives: Provided further, That, notwith-
standing any other provision of law, funds appropriated
under this heading in this Act or prior Acts making appro-
priations for foreign operations, export financing, and re-
lated programs, that are made available pursuant to the
provisions of section 807 of Public Law 102–511 shall be
subject to a 6 percent ceiling on administrative expenses.
(b) Of the funds appropriated under this heading that
are made available for assistance for Ukraine, not less than
$20,000,000 shall be made available for nuclear reactor
safety initiatives, of which $14,000,000 should be for simu-
lator-related projects; and not less than $2,000,000 shall be
made available for coal mine safety programs.
(c) Of the funds appropriated under this heading,
$75,000,000 should be made available for assistance for
Georgia.
(d) Of the funds appropriated under this heading, not
less than $75,000,000 shall be made available for assistance
for Armenia.
(e)(1) Of the funds appropriated under this heading
that are allocated for assistance for the Government of the
Russian Federation, 60 percent shall be withheld from obli-
gation until the President determines and certifies in writ-
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ing to the Committees on Appropriations that the Govern-
ment of the Russian Federation:
(A) has terminated implementation of arrange-
ments to provide Iran with technical expertise, train-
ing, technology, or equipment necessary to develop a
nuclear reactor, related nuclear research facilities or
programs, or ballistic missile capability; and
(B) is providing full access to international non-
government organizations providing humanitarian
relief to refugees and internally displaced persons in
Chechnya.
(2) Paragraph (1) shall not apply to—
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of traf-
ficking in persons; and
(B) activities authorized under title V (Non-
proliferation and Disarmament Programs and Activi-
ties) of the FREEDOM Support Act.
(f) Section 907 of the FREEDOM Support Act shall
not apply to—
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act and sec-
tion 1424 of Public Law 104–201 or non-proliferation
assistance;
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(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or
other assistance provided by the Overseas Private In-
vestment Corporation under title IV of chapter 2 of
part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2191 et seq.);
(5) any financing provided under the Export-
Import Bank Act of 1945; or
(6) humanitarian assistance.
INDEPENDENT AGENCIES
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of
the Inter-American Foundation in accordance with the pro-
visions of section 401 of the Foreign Assistance Act of 1969,
$16,334,000, to remain available until September 30, 2005.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the Inter-
national Security and Development Cooperation Act of
1980, Public Law 96–533, $18,689,000, to remain available
until September 30, 2005: Provided, That funds made
available to grantees may be invested pending expenditure
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for project purposes when authorized by the board of direc-
tors of the Foundation: Provided further, That interest
earned shall be used only for the purposes for which the
grant was made: Provided further, That notwithstanding
section 505(a)(2) of the African Development Foundation
Act, in exceptional circumstances the board of directors of
the Foundation may waive the $250,000 limitation con-
tained in that section with respect to a project: Provided
further, That the Foundation shall provide a report to the
Committees on Appropriations after each time such waiver
authority is exercised.
PEACE CORPS
For necessary expenses to carry out the provisions of
the Peace Corps Act (75 Stat. 612), $310,000,000, including
the purchase of not to exceed five passenger motor vehicles
for administrative purposes for use outside of the United
States: Provided, That none of the funds appropriated
under this heading shall be used to pay for abortions: Pro-
vided further, That funds appropriated under this heading
shall remain available until September 30, 2005: Provided
further, That during fiscal year 2004 and any subsequent
fiscal year, the Director of the Peace Corps may make ap-
pointments or assignments, or extend current appointments
or assignments, to permit United States citizens to serve
for periods in excess of 5 years in the case of individuals
whose appointment or assignment, such as regional safety
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security officers and employees within the Office of the In-
spector General, involves the safety of Peace Corps volun-
teers: Provided further, That the Director of the Peace Corps
may make such appointments or assignments notwith-
standing the provisions of section 7 of the Peace Corps Act
limiting the length of an appointment or assignment, the
circumstances under which such an appointment or assign-
ment may exceed 5 years, and the percentage of appoint-
ments or assignments that can be made in excess of 5 years.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $284,550,000, to remain
available until expended: Provided, That during fiscal year
2004, the Department of State may also use the authority
of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an
agency of the United States Government for the purpose of
providing it to a foreign country under chapter 8 of part
I of that Act subject to the regular notification procedures
of the Committees on Appropriations: Provided further,
That of the funds appropriated under this heading,
$20,000,000 should be made available for anti-trafficking
in persons programs, including trafficking prevention, pro-
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tection and assistance for victims, and prosecution of traf-
fickers: Provided further, That of the funds appropriated
under this heading, $7,105,000 should be made available
for the International Law Enforcement Academy in
Roswell, New Mexico, of which $2,105,000 should be made
available for construction and completion of a new facility:
Provided further, That of the funds appropriated under this
heading, not more than $25,117,000 may be available for
administrative expenses: Provided further, That $5,000,000
of amounts made available under this heading shall be for
combating piracy of United States intellectual property.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support counterdrug ac-
tivities in the Andean region of South America,
$660,000,000, to remain available until expended: Pro-
vided, That in addition to the funds appropriated under
this heading and subject to the regular notification proce-
dures of the Committees on Appropriations, the President
may make available up to an additional $37,000,000 for
the Andean Counterdrug Initiative, which may be derived
from funds appropriated under the heading ‘‘International
Narcotics Control and Law Enforcement’’ in this Act and
in prior Acts making appropriations for foreign operations,
export financing, and related programs: Provided further,
That in fiscal year 2004, funds available to the Department
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of State for assistance to the Government of Colombia shall
be available to support a unified campaign against nar-
cotics trafficking, against activities by organizations des-
ignated as terrorist organizations such as the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation
Army (ELN), and the United Self-Defense Forces of Colom-
bia (AUC), and to take actions to protect human health
and welfare in emergency circumstances, including under-
taking rescue operations: Provided further, That this au-
thority shall cease to be effective if the Secretary of State
has credible evidence that the Colombian Armed Forces are
not conducting vigorous operations to restore government
authority and respect for human rights in areas under the
effective control of paramilitary and guerrilla organiza-
tions: Provided further, That the President shall ensure that
if any helicopter procured with funds under this heading
is used to aid or abet the operations of any illegal self-de-
fense group or illegal security cooperative, such helicopter
shall be immediately returned to the United States: Pro-
vided further, That the Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development, shall provide to the Committees
on Appropriations not later than 45 days after the date
of the enactment of this Act and prior to the initial obliga-
tion of funds appropriated under this heading, a report on
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the proposed uses of all funds under this heading on a coun-
try-by-country basis for each proposed program, project, or
activity: Provided further, That of the funds appropriated
under this heading, not less than $250,000,000 shall be ap-
portioned directly to the United States Agency for Inter-
national Development, to be used for alternative develop-
ment/institution building including judicial reform, of
which not less than $165,000,000 shall be made available
for such purposes in Colombia: Provided further, That of
the funds appropriated under this heading, not less than
$25,000,000 shall be made available for judicial reform in
Colombia: Provided further, That of the funds appropriated
under this heading, in addition to funds made available
pursuant to the previous proviso, not less than $2,500,000
shall be made available to protect human rights defenders
in Colombia, not less than $3,500,000 shall be made avail-
able for the United Nations Office of the High Commis-
sioner for Human Rights in Colombia, not less than
$10,000,000 shall be made available for assistance for the
Colombian Attorney General’s Human Rights Unit, and
not less than $2,500,000 shall be made available for assist-
ance for the human rights unit of the Colombian
Procuraduria: Provided further, That not more than 20
percent of the funds appropriated by this Act that are used
for the procurement of chemicals for aerial coca and poppy
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fumigation programs may be made available for such pro-
grams unless the Secretary of State, after consultation with
the Administrator of the Environmental Protection Agency
(EPA), certifies to the Committees on Appropriations that:
(1) the herbicide mixture is being used in accordance with
EPA label requirements for comparable use in the United
States and any additional controls recommended by the
EPA for this program, and with the Colombian Environ-
mental Management Plan for aerial fumigation; and (2)
the herbicide mixture, in the manner it is being used, does
not pose unreasonable risks or adverse effects to humans or
the environment: Provided further, That such funds may
not be made available unless the Secretary of State certifies
to the Committees on Appropriations that complaints of
harm to health or licit crops caused by such fumigation are
evaluated and fair compensation is being paid for meri-
torious claims: Provided further, That such funds may not
be made available for such purposes unless programs are
being implemented by the United States Agency for Inter-
national Development, the Government of Colombia, or
other organizations, in consultation with local commu-
nities, to provide alternative sources of income in areas
where security permits for small-acreage growers whose il-
licit crops are targeted for fumigation: Provided further,
That of the funds appropriated under this heading, not less
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than $2,500,000 shall be made available for continued
training, equipment, and other assistance for the Colombian
National Park Service: Provided further, That none of the
funds appropriated by this Act shall be made available for
aerial fumigation within Colombia’s national parks: Pro-
vided further, That section 482(b) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated under
this heading: Provided further, That assistance provided
with funds appropriated under this heading that is made
available notwithstanding section 482(b) of the Foreign As-
sistance Act of 1961, as amended, and funds appropriated
by this Act that are made available for Colombia, shall be
made available subject to the regular notification proce-
dures of the Committees on Appropriations: Provided fur-
ther, That the provisions of section 3204(b) through (d) of
Public Law 106–246, as amended by Public Law 107–115,
shall be applicable to funds appropriated for fiscal year
2004: Provided further, That no United States Armed
Forces personnel or United States civilian contractor em-
ployed by the United States will participate in any combat
operation in connection with assistance made available by
this Act for Colombia: Provided further, That funds appro-
priated under this heading that are available for the Boliv-
ian military and police may be made available if the Sec-
retary of State determines and reports to the Committees
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on Appropriations that (1) the Bolivian Government is vig-
orously investigating and prosecuting members of the Boliv-
ian military and police who have been credibly alleged to
have committed gross violations of human rights and is
promptly punishing those found to have committed such
violations; and (2) the Bolivian military and police are co-
operating with such investigations and prosecutions: Pro-
vided further, That of the funds appropriated under this
heading, not more than $16,285,000 may be available for
administrative expenses of the Department of State, and not
more than $4,500,000 may be available, in addition to
amounts otherwise available for such purposes, for adminis-
trative expenses of the United States Agency for Inter-
national Development.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the
Red Cross, assistance to refugees, including contributions
to the International Organization for Migration and the
United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the
Foreign Service Act of 1980; allowances as authorized by
sections 5921 through 5925 of title 5, United States Code;
purchase and hire of passenger motor vehicles; and services
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as authorized by section 3109 of title 5, United States Code,
$760,197,000, which shall remain available until expended:
Provided, That not more than $21,000,000 may be available
for administrative expenses: Provided further, That not less
than $50,000,000 of the funds made available under this
heading shall be made available for refugees from the former
Soviet Union and Eastern Europe and other refugees reset-
tling in Israel: Provided further, That funds appropriated
under this heading may be made available for a head-
quarters contribution to the International Committee of the
Red Cross only if the Secretary of State determines (and
so reports to the appropriate committees of Congress) that
the Magen David Adom Society of Israel is not being denied
participation in the activities of the International Red
Cross and Red Crescent Movement: Provided further, That
funds made available under this heading should be made
available to international organizations for assistance for
refugees from North Korea: Provided further, That funds
made available under this heading should be made available
for assistance for persons in Thailand who fled Burma for
humanitarian or other reasons: Provided further, That none
of the funds appropriated by this Act shall be provided to
the central Government of Nepal until the Secretary of
State determines and reports to the Committees on Appro-
priations that the Government of Nepal is cooperating with
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the United Nations High Commissioner for Refugees and
other appropriate international organizations on issues
concerning the protection of refugees from Tibet.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION
ASSISTANCE FUND
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act
of 1962, as amended (22 U.S.C. 2601(c)), $40,000,000, to
remain available until expended: Provided, That funds
made available under this heading are appropriated not-
withstanding the provisions contained in section 2(c)(2) of
such Act which would limit the amount of funds which
could be appropriated for this purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-ter-
rorism, demining and related programs and activities,
$385,200,000, to carry out the provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961 for anti-ter-
rorism assistance, chapter 9 of part II of the Foreign Assist-
ance Act of 1961, section 504 of the FREEDOM Support
Act, section 23 of the Arms Export Control Act or the For-
eign Assistance Act of 1961 for demining activities, the
clearance of unexploded ordnance, the destruction of small
arms, and related activities, notwithstanding any other
provision of law, including activities implemented through
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nongovernmental and international organizations, and sec-
tion 301 of the Foreign Assistance Act of 1961 for a vol-
untary contribution to the International Atomic Energy
Agency (IAEA), and for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That of this amount not to exceed
$35,000,000, to remain available until expended, may be
made available for the Nonproliferation and Disarmament
Fund, notwithstanding any other provision of law, to pro-
mote bilateral and multilateral activities relating to non-
proliferation and disarmament: Provided further, That
such funds may also be used for such countries other than
the Independent States of the former Soviet Union and
international organizations when it is in the national secu-
rity interest of the United States to do so: Provided further,
That funds appropriated under this heading may be made
available for the International Atomic Energy Agency only
if the Secretary of State determines (and so reports to the
Congress) that Israel is not being denied its right to partici-
pate in the activities of that Agency: Provided further, That
of the funds appropriated under this heading, $19,300,000
shall be made available for a United States contribution
to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided further, That notwithstanding the
previous proviso, funds earmarked in the previous proviso
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that are not made available during fiscal year 2004 for a
contribution to the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission and that are not necessary to
make the United States contribution to the Commission in
the amount assessed for fiscal year 2004 shall be made
available for a voluntary contribution to the International
Atomic Energy Agency and shall remain available until
September 30, 2005: Provided further, That of the funds
made available for demining and related activities, not to
exceed $690,000, in addition to funds otherwise available
for such purposes, may be used for administrative expenses
related to the operation and management of the demining
program: Provided further, That the Secretary of State is
authorized to provide not to exceed $250,000 for public-pri-
vate partnerships for mine action by grant, cooperative
agreement, or contract.
DEPARTMENT OF THE TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961 (relating
to international affairs technical assistance activities),
$12,000,000, to remain available until September 30, 2006,
which shall be available notwithstanding any other provi-
sion of law.
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DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congres-
sional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which
funds have been appropriated or otherwise made available
for programs within the International Affairs Budget Func-
tion 150, including the cost of selling, reducing, or canceling
amounts owed to the United States as a result of
concessional loans made to eligible countries, pursuant to
parts IV and V of the Foreign Assistance Act of 1961, and
of modifying concessional credit agreements with least de-
veloped countries, as authorized under section 411 of the
Agricultural Trade Development and Assistance Act of
1954, as amended, and concessional loans, guarantees and
credit agreements, as authorized under section 572 of the
Foreign Operations, Export Financing, and Related Pro-
grams Appropriations Act, 1989 (Public Law 100–461),
and of canceling amounts owed, as a result of loans or guar-
antees made pursuant to the Export-Import Bank Act of
1945, by countries that are eligible for debt reduction pursu-
ant to title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106–113, $195,000,000, to re-
main available until expended: Provided, That not less than
$20,000,000 of the funds appropriated under this heading
shall be made available to carry out the provisions of part
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V of the Foreign Assistance Act of 1961: Provided further,
That $75,000,000 of the funds appropriated under this
heading may be used by the Secretary of the Treasury to
pay to the Heavily Indebted Poor Countries (HIPC) Trust
Fund administered by the International Bank for Recon-
struction and Development amounts for the benefit of coun-
tries that are eligible for debt reduction pursuant to title
V of H.R. 3425 as enacted into law by section 1000(a)(5)
of Public Law 106–113: Provided further, That amounts
paid to the HIPC Trust Fund may be used only to fund
debt reduction under the enhanced HIPC initiative by—
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic In-
tegration:
Provided further, That funds may not be paid to the HIPC
Trust Fund for the benefit of any country if the Secretary
of State has credible evidence that the government of such
country is engaged in a consistent pattern of gross viola-
tions of internationally recognized human rights or in mili-
tary or civil conflict that undermines its ability to develop
and implement measures to alleviate poverty and to devote
adequate human and financial resources to that end: Pro-
vided further, That on the basis of final appropriations, the
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Secretary of the Treasury shall consult with the Committees
on Appropriations concerning which countries and inter-
national financial institutions are expected to benefit from
a United States contribution to the HIPC Trust Fund dur-
ing the fiscal year: Provided further, That the Secretary of
the Treasury shall inform the Committees on Appropria-
tions not less than 15 days in advance of the signature of
an agreement by the United States to make payments to
the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of coun-
tries that—
(1) have committed, for a period of 24 months,
not to accept new market-rate loans from the inter-
national financial institution receiving debt repay-
ment as a result of such disbursement, other than
loans made by such institutions to export-oriented
commercial projects that generate foreign exchange
which are generally referred to as ‘‘enclave’’ loans;
and
(2) have documented and demonstrated their
commitment to redirect their budgetary resources
from international debt repayments to programs to
alleviate poverty and promote economic growth that
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are additional to or expand upon those previously
available for such purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and As-
sistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the
funds made available under this heading in this or any
other appropriations Act shall be made available for Sudan
or Burma unless the Secretary of the Treasury determines
and notifies the Committees on Appropriations that a
democratically elected government has taken office.
TITLE III—MILLENNIUM CHALLENGE
ASSISTANCE
SEC. 301. SHORT TITLE. This title may be cited as
the ‘‘Millennium Challenge Act of 2003’’.
SEC. 302. FINDINGS AND PURPOSES. (a) FINDINGS.—
Congress makes the following findings:
(1) On March 14, 2002, President George W.
Bush stated that ‘‘America supports the international
development goals in the U.N. Millennium Declara-
tion, and believes that the goals are a shared responsi-
bility of developed and developing countries.’’ The
President also called for a ‘‘new compact for global
development, defined by new accountability for both
rich and poor nations’’ and pledged support for in-
†
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creased assistance from the United States through the
establishment of a Millennium Challenge Account for
countries that govern justly, invest in their own peo-
ple, and encourage economic freedom.
(2) The elimination of extreme poverty and the
achievement of the other international development
goals of the United Nations Millennium Declaration
adopted by the United Nations General Assembly on
September 8, 2000, are important objectives and it is
appropriate for the United States to make develop-
ment assistance available in a manner that will assist
in achieving such goals.
(3) The availability of financial assistance
through a Millennium Challenge Account, linked to
performance by developing countries, can contribute
significantly to the achievement of the international
development goals of the United Nations Millennium
Declaration.
(b) PURPOSES.—The purposes of this title are—
(1) to provide United States assistance for global
development through the Millennium Challenge Cor-
poration, as described in section 305; and
(2) to provide such assistance in a manner that
promotes economic growth and the elimination of ex-
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treme poverty and strengthens good governance, eco-
nomic freedom, and investments in people.
SEC. 303. DEFINITIONS. In this title:
(1) BOARD.—The term ‘‘Board’’ means the Mil-
lennium Challenge Board established by section
304(c).
(2) CANDIDATE COUNTRY.—The term ‘‘candidate
country’’ means a country that meets the criteria set
out in section 306.
(3) CEO.—The term ‘‘CEO’’ means the chief ex-
ecutive officer of the Corporation established by sec-
tion 304(b).
(4) CORPORATION.—The term ‘‘Corporation’’
means the Millennium Challenge Corporation estab-
lished by section 304(a).
(5) ELIGIBLE
COUNTRY.—The term ‘‘eligible
country’’ means a candidate country that is deter-
mined, under section 307, as being eligible to receive
assistance under this title.
(6) MILLENNIUM
CHALLENGE
ACCOUNT.—The
term ‘‘Millennium Challenge Account’’ means the ac-
count established under section 322.
SEC. 304. ESTABLISHMENT AND MANAGEMENT OF THE
MILLENNIUM CHALLENGE CORPORATION. (a) ESTABLISH-
MENT OF THE CORPORATION.—There is established in the
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executive branch a corporation within the meaning of sec-
tion 103 of title 5, United States Code, to be known as the
Millennium Challenge Corporation with the powers and au-
thorities described in this title.
(b) CEO OF THE CORPORATION.—
(1) IN GENERAL.—There shall be a chief execu-
tive officer of the Corporation who shall be responsible
for the management of the Corporation.
(2) APPOINTMENT.—The President shall appoint,
by and with the advice and consent of the Senate, the
CEO.
(3) RELATIONSHIP
TO
THE
SECRETARY
OF
STATE.—The CEO shall report to and be under the
direct authority and foreign policy guidance of the
Secretary of State. The Secretary of State shall co-
ordinate the provision of United States foreign assist-
ance.
(4) DUTIES.—The CEO shall, in consultation
with the Board, direct the performance of all func-
tions and the exercise of all powers of the Corpora-
tion, including ensuring that assistance under this
title is coordinated with other United States economic
assistance programs.
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(5) EXECUTIVE LEVEL II.—Section 5313 of title
5, United States Code, is amended by adding at the
end the following:
‘‘Chief Executive Officer, Millennium Challenge
Corporation.’’.
(c) MILLENNIUM CHALLENGE BOARD.—
(1) ESTABLISHMENT OF THE BOARD.—There is
established a Millennium Challenge Board.
(2) COMPOSITION.—The Board shall be composed
of the following members:
(A) The Secretary of State, who shall serve
as the Chair of the Board.
(B) The Secretary of the Treasury.
(C) The Administrator of the United States
Agency for International Development.
(D) The CEO.
(E) The United States Trade Representa-
tive.
(2) FUNCTIONS
OF
THE
BOARD.—The Board
shall perform the functions specified to be carried out
by the Board in this title.
SEC. 305. AUTHORIZATION FOR MILLENNIUM CHAL-
LENGE ASSISTANCE. (a) AUTHORITY.—The Corporation is
authorized to provide assistance to an eligible entity con-
sistent with the purposes of this title set out in section
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SEC. 306. CANDIDATE COUNTRY. (a) IN GENERAL.—
A country is a candidate country for the purposes of this
title—
(1) during fiscal year 2004, if such country is el-
igible to receive loans from the International Develop-
ment Association;
(2) during fiscal year 2005, if the per capita in-
come of such country is less than the historical per
capita income cutoff of the International Development
Association for that year; and
(3) during any fiscal year after 2005—
(A) for which more than $5,000,000,000 has
been appropriated to the Millennium Challenge
Account, if the country is classified as a lower
middle income country by the World Bank on
the first day of such fiscal year; or
(B) for which not more than $5,000,000,000
has been appropriated to such Millennium Chal-
lenge Account, the per capita income of such
country is less than the historical per capita in-
come cutoff of the International Development As-
sociation for that year.
(b) LIMITATION ON ASSISTANCE TO CERTAIN CAN-
DIDATE COUNTRIES.—In a fiscal year in which subpara-
graph (A) of subsection (a)(3) applies with respect to deter-
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mining candidate countries, not more than 20 percent of
the amounts appropriated to the Millennium Challenge Ac-
count shall be available for assistance to countries that
would not be candidate countries if subparagraph (B) of
subsection (a)(3) applied during such year.
SEC. 307. ELIGIBLE COUNTRY. (a) DETERMINATION
BY THE BOARD.—The Board shall determine whether a can-
didate country is an eligible country by evaluating the dem-
onstrated commitment of the government of the candidate
country to—
(1) just and democratic governance, including a
demonstrated commitment to—
(A) promote political pluralism and the
rule of law;
(B) respect human and civil rights;
(C) protect private property rights;
(D) encourage transparency and account-
ability of government; and
(E) limit corruption;
(2) economic freedom, including a demonstrated
commitment to economic policies that—
(A) encourage citizens and firms to partici-
pate in global trade and international capital
markets;
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(B) promote private sector growth and the
sustainable use of natural resources; and
(C) strengthen market forces in the econ-
omy; and
(3) investments in the people of such country, in-
cluding improving the availability of educational op-
portunities and health care for all citizens of such
country.
(b) ASSESSING ELIGIBILITY.—
(1) IN GENERAL.—To evaluate the demonstrated
commitment of a candidate country for the purposes
of subsection (a), the CEO shall recommend objective
and quantifiable indicators, to be approved by the
Board, of a candidate country’s performance with re-
spect to the criteria described in paragraphs (1), (2),
and (3) of such subsection. In recognition of the essen-
tial role of women in developing countries, the CEO
shall ensure that such indicators, where appropriate,
take into account and assess the role of women and
girls. The approved indicators shall be used in select-
ing eligible countries.
(2) ANNUAL PUBLICATION OF INDICATORS.—
(A) INITIAL PUBLICATION.—Not later than
45 days prior to the final publication of indica-
tors under subparagraph (B) in any year, the
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Board shall publish in the Federal Register and
make available on the Internet the indicators
that the Board proposes to use for the purposes
of paragraph (1) in such year.
(B) FINAL
PUBLICATION.—Not later than
15 days prior to the selection of eligible countries
in any year, the Board shall publish in the Fed-
eral Register and make available on the Internet
the indicators that are to be used for the pur-
poses of paragraph (1) in such year.
(3) CONSIDERATION OF PUBLIC COMMENT.—The
Board shall consider any comments on the proposed
indicators published under paragraph (2)(A) that are
received within 30 days after the publication of such
indicators when selecting the indicators to be used for
the purposes of paragraph (1).
SEC. 308. ELIGIBLE ENTITY. (a) ASSISTANCE.—Any
eligible entity may receive assistance under this title to
carry out a project in an eligible country for the purpose
of making progress toward achieving an objective of a Mil-
lennium Challenge Contract.
(b) DETERMINATIONS OF ELIGIBILITY.—The Board
shall determine whether a person or governmental entity
is an eligible entity for the purposes of this section.
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(c) ELIGIBLE ENTITIES.—For the purposes of this sec-
tion, an eligible entity is—
(1) a government, including a local or regional
government; or
(2) a nongovernmental organization or other pri-
vate entity.
SEC. 309. MILLENNIUM CHALLENGE CONTRACT. (a) IN
GENERAL.—The Board shall invite the government of an
eligible country to enter into a Millennium Challenge Con-
tract with the Corporation. A Millennium Challenge Con-
tract shall establish a multiyear plan for the eligible coun-
try to achieve specific objectives consistent with the purposes
set out in section 302(b).
(b) CONTENT.—A Millennium Challenge Contract
shall include—
(1) specific objectives to be achieved by the eligi-
ble country during the term of the Contract;
(2) a description of the actions to be taken by the
government of the eligible country and the United
States Government for achieving such objectives;
(3) the role and contribution of private entities,
nongovernmental organizations, and other organiza-
tions in achieving such objectives;
(4) a description of beneficiaries, to the extent
possible disaggregated by gender;
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(5) regular benchmarks for measuring progress
toward achieving such objectives;
(6) a schedule for achieving such objectives;
(7) a schedule of evaluations to be performed to
determine whether the country is meeting its commit-
ments under the Contract;
(8) a statement that the Corporation intends to
consider the eligible country’s performance in achiev-
ing such objectives in making decisions about pro-
viding continued assistance under the Contract;
(9) the strategy of the eligible country to sustain
progress made toward achieving such objectives after
the expiration of the Contract;
(10) a plan to ensure financial accountability
for any assistance provided to a person or government
in the eligible country under this title; and
(11) a statement that nothing in the Contract
may be construed to create a legally binding or en-
forceable obligation on the United States Government
or on the Corporation.
(c) REQUIREMENT
FOR CONSULTATION.—The Cor-
poration shall seek to ensure that the government of an eli-
gible country consults with private entities and nongovern-
mental organizations in the eligible country for the purpose
of ensuring that the terms of a Millennium Challenge Con-
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tract entered into by the Corporation and the eligible
country—
(1) reflect the needs of the rural and urban poor
in the eligible country; and
(2) provide means to assist poor men and women
in the eligible country to escape poverty through their
own efforts.
(d) REQUIREMENT FOR APPROVAL BY THE BOARD.—
A Millennium Challenge Contract shall be approved by the
Board before the Corporation enters into the Contract.
SEC. 310. SUSPENSION OF ASSISTANCE TO AN ELIGI-
BLE COUNTRY. The Secretary of State shall direct the CEO
to suspend the provision of assistance to an eligible country
under a Millennium Challenge Contract during any period
for which such eligible country is ineligible to receive assist-
ance under a provision of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.).
SEC. 311. DISCLOSURE. (a) REQUIREMENT FOR DIS-
CLOSURE.—The Corporation shall make available to the
public on a continuous basis and on the earliest possible
date, but not later than 15 days after the information is
available to the Corporation, the following information:
(1) A list of the candidate countries determined
to be eligible countries during any year.
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(2) The text of each Millennium Challenge Con-
tract entered into by the Corporation.
(3) For assistance provided under this title—
(A) the name of each entity to which assist-
ance is provided;
(B) the amount of assistance provided to the
entity; and
(C) a description of the program or project
for which assistance was provided.
(4) For each eligible country, an assessment of—
(A) the progress made during each year by
an eligible country toward achieving the objec-
tives set out in the Millennium Challenge Con-
tract entered into by the eligible country; and
(B) the extent to which assistance provided
under this title has been effective in helping the
eligible country to achieve such objectives.
(b) DISSEMINATION.—The information required to be
disclosed under subsection (a) shall be made available to
the public by means of publication in the Federal Register
and posting on the Internet, as well as by any other methods
that the Board determines appropriate.
SEC. 312. MILLENNIUM CHALLENGE ASSISTANCE TO
CANDIDATE
COUNTRIES. 
(a) 
AUTHORITY.—Notwith-
standing any other provision of this title and subject to the
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limitation in subsection (c), the Corporation is authorized
to provide assistance to a candidate country that meets the
conditions in subsection (b) for the purpose of assisting such
country to become an eligible country.
(b) CONDITIONS.—Assistance under subsection (a)
may be provided to a candidate country that is not an eligi-
ble country under section 307 because of—
(1) the unreliability of data used to assess its eli-
gibility under section 307; or
(2) the failure of the government of the candidate
country to perform adequately with respect to only 1
of the indicators described in subsection (a) of section
307.
(c) LIMITATION.—The total amount of assistance pro-
vided under subsection (a) in a fiscal year may not exceed
10 percent of the funds made available to the Millennium
Challenge Account during such fiscal year.
SEC. 313. ANNUAL REPORT TO CONGRESS. Not later
than January 31 of each year, the President shall submit
to Congress a report on the assistance provided under this
title during the prior fiscal year. The report shall include—
(1) information regarding obligations and ex-
penditures for assistance provided to each eligible
country in the prior fiscal year;
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(2) a discussion, for each eligible country, of the
objectives of such assistance;
(3) a description of the coordination of assist-
ance under this title with other United States foreign
assistance and related trade policies;
(4) a description of the coordination of assist-
ance under this title with the contributions of other
donors; and
(5) any other information the President con-
siders relevant to assistance provided under this title.
SEC. 314. POWERS OF THE CORPORATION. (a) POW-
ERS.—The Corporation—
(1) shall have perpetual succession unless dis-
solved by an Act of Congress;
(2) may adopt, alter, and use a seal, which shall
be judicially noticed;
(3) may prescribe, amend, and repeal such rules,
regulations, and procedures as may be necessary for
carrying out the functions of the Corporation;
(4) may make and perform such contracts,
grants, and other agreements with any person or gov-
ernment however designated and wherever situated, as
may be necessary for carrying out the functions of the
Corporation;
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(5) may determine and prescribe the manner in
which its obligations shall be incurred and its ex-
penses allowed and paid, including expenses for rep-
resentation;
(6) may lease, purchase, or otherwise acquire,
improve, and use such real property wherever situ-
ated, as may be necessary for carrying out the func-
tions of the Corporation;
(7) may accept cash gifts or donations of services
or of property (real, personal, or mixed), tangible or
intangible, for the purpose of carrying out the provi-
sions of this title;
(8) may use the United States mails in the same
manner and on the same conditions as the executive
departments of Government;
(9) may contract with individuals for personal
services, who shall not be considered Federal employ-
ees for any provision of law administered by the Of-
fice of Personnel Management;
(10) may hire or obtain passenger motor vehi-
cles; and
(11) shall have such other powers as may be nec-
essary and incident to carrying out this title.
(b) CONTRACTING AUTHORITY.—The functions and
powers authorized by this title may be performed without
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regard to any provision of law regulating the making, per-
formance, amendment, or modification of contracts, grants,
and other agreements.
SEC. 315. COORDINATION WITH USAID. (a) REQUIRE-
MENT FOR COORDINATION.—An employee of the Corpora-
tion assigned to a United States diplomatic mission or con-
sular post or a United States Agency for International De-
velopment field mission in a foreign country shall, in a
manner that is consistent with the authority of the Chief
of Mission, coordinate the performance of the functions of
the Corporation in such country with the officer in charge
of the United States Agency of International Development
programs located in such country.
(b) USAID PROGRAMS.—The Administrator of the
United States Agency for International Development shall
seek to ensure that appropriate programs of the Agency play
a primary role in preparing candidate countries to become
eligible countries under section 307.
SEC. 316. PRINCIPAL OFFICE. The Corporation shall
maintain its principal office in the metropolitan area of
Washington, District of Columbia.
SEC. 317. PERSONNEL AUTHORITIES. (a) REQUIRE-
MENT TO PRESCRIBE A HUMAN RESOURCES MANAGEMENT
SYSTEM.—The CEO shall, jointly with the Director of the
Office of Personnel Management, prescribe regulations that
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that to do so is in the national security interest of the
United States.
(c) None of the funds appropriated under the heading
‘‘Assistance for the Independent States of the Former Soviet
Union’’ shall be made available for any state to enhance
its military capability: Provided, That this restriction does
not apply to demilitarization, demining or nonproliferation
programs.
(d) Funds appropriated under the heading ‘‘Assistance
for the Independent States of the Former Soviet Union’’ for
the Russian Federation, Armenia, Georgia, and Ukraine
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(e) Funds made available in this Act for assistance for
the Independent States of the former Soviet Union shall be
subject to the provisions of section 117 (relating to environ-
ment and natural resources) of the Foreign Assistance Act
of 1961.
(f) Funds appropriated in this or prior appropriations
Acts that are or have been made available for an Enterprise
Fund in the Independent States of the Former Soviet Union
may be deposited by such Fund in interest-bearing accounts
prior to the disbursement of such funds by the Fund for
program purposes. The Fund may retain for such program
purposes any interest earned on such deposits without re-