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Export Control Act (22 U.S.C. 2751 et seq.), for the Coast
Guard.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN
AUTHORITY
SEC. 652. (a) PROHIBITION OF FUNDS.—None of the
funds appropriated by this Act to carry out the provisions
of chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing
funds to the Palestinian Authority.
(b) WAIVER.—The prohibition included in subsection
(a) shall not apply if the President certifies in writing to
the Speaker of the House of Representatives and the Presi-
dent pro tempore of the Senate that waiving such prohibi-
tion is important to the national security interests of the
United States and that the Palestinian Authority has taken
steps to arrest terrorists, confiscate weapons and dismantle
the terrorist infrastructure.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiv-
er pursuant to subsection (b) shall be effective for no more
than a period of 6 months at a time and shall not apply
beyond 12 months after the enactment of this Act.
(d) REPORT.—Whenever the waiver authority pursu-
ant to subsection (b) is exercised, the President shall submit
a report to the Committees on Appropriations detailing the
steps the Palestinian Authority has taken to arrest terror-
ists, confiscate weapons and dismantle the terrorist infra-
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structure. The report shall also include a description of how
funds will be spent and the accounting procedures in place
to ensure that they are properly disbursed.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 653. None of the funds made available by this
Act may be provided to any unit of the security forces of
a foreign country if the Secretary of State has credible evi-
dence that such unit has committed gross violations of
human rights, unless the Secretary determines and reports
to the Committees on Appropriations that the government
of such country is taking effective measures to bring the re-
sponsible members of the security forces unit to justice: Pro-
vided, That nothing in this section shall be construed to
withhold funds made available by this Act from any unit
of the security forces of a foreign country not credibly al-
leged to be involved in gross violations of human rights:
Provided further, That in the event that funds are withheld
from any unit pursuant to this section, the Secretary of
State shall promptly inform the foreign government of the
basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security
forces to justice.
ENVIRONMENT PROGRAMS
SEC. 654. (a) FUNDING.—Of the funds appropriated
by this Act, not less than $485,000,000 shall be made avail-
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able for environment programs: Provided, That of the funds
appropriated under the heading ‘‘Development Assistance’’,
not less than $165,000,000 shall be made available for pro-
grams and activities which directly protect biodiversity, in-
cluding forests, in developing countries: Provided further,
That of the funds made available under the previous pro-
viso, $1,500,000 shall be made available to improve the ca-
pacity of indigenous groups and local environmental orga-
nizations and law enforcement agencies to protect the bio-
diversity of indigenous reserves in the Amazon Basin region
of Brazil, which amount shall be in addition to the amount
requested in this Act for assistance for Brazil for fiscal year
2004: Provided further, That not later than one year after
enactment of this Act, the Secretary of State, in coordina-
tion with the Administrator of the United States Agency
for International Development and other appropriate de-
partments and agencies, and after consultation with appro-
priate governments and nongovernmental organizations,
shall submit to the Committees on Appropriations a strat-
egy for biodiversity conservation in the Amazon Basin re-
gion of South America: Provided further, That of the funds
appropriated under the headings ‘‘Development Assistance’’
and ‘‘Andean Counterdrug Initiative’’, not less than
$5,000,000 shall be made available in fiscal year 2004 to
develop the strategy described in the previous proviso: Pro-
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vided further, That funds appropriated by this Act under
the heading ‘‘Child Survival and Health Programs Fund’’
should be used to fund child survival, health, and family
planning activities of integrated population-health-environ-
ment programs, including in areas where biodiversity and
endangered species are threatened, and funds appropriated
by this Act under the heading ‘‘Development Assistance’’
should be used to fund environment, conservation, natural
resource management, and sustainable agriculture activi-
ties of such integrated programs: Provided further, That of
the funds appropriated by this Act, not less than
$185,000,000 shall be made available to support policies
and programs in developing countries and countries in
transition that directly (1) promote a wide range of energy
conservation, energy efficiency and clean energy programs
and activities, including the transfer of clean and environ-
mentally sustainable energy technologies; (2) measure, mon-
itor, and reduce greenhouse gas emissions; (3) increase car-
bon sequestration activities; and (4) enhance climate change
mitigation and adaptation programs.
(b) CLIMATE CHANGE REPORT.—Not later than 45
days after the date on which the President’s fiscal year 2005
budget request is submitted to Congress, the President shall
submit a report to the Committees on Appropriations de-
scribing in detail the following—
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(1) all Federal agency obligations and expendi-
tures, domestic and international, for climate change
programs and activities in fiscal year 2004, including
an accounting of expenditures by agency with each
agency identifying climate change activities and asso-
ciated costs by line item as presented in the Presi-
dent’s Budget Appendix; and
(2) all fiscal year 2003 obligations and estimated
expenditures, fiscal year 2004 estimated expenditures
and estimated obligations, and fiscal year 2005 re-
quested funds by the United States Agency for Inter-
national Development, by country and central pro-
gram, for each of the following: (i) to promote the
transfer and deployment of a wide range of United
States clean energy and energy efficiency technologies;
(ii) to assist in the measurement, monitoring, report-
ing, verification, and reduction of greenhouse gas
emissions; (iii) to promote carbon capture and seques-
tration measures; (iv) to help meet such countries’ re-
sponsibilities under the Framework Convention on
Climate Change; and (v) to develop assessments of the
vulnerability to impacts of climate change and miti-
gation and adaptation response strategies.
REGIONAL PROGRAMS FOR EAST ASIA AND THE PACIFIC
SEC. 655. Funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’ that are allocated for
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‘‘Regional Democracy’’ and ‘‘ASEAN Regional’’ assistance
for East Asia and the Pacific shall be made available for
the Human Rights and Democracy Fund of the Bureau for
Democracy, Human Rights and Labor, Department of
State to support democracy programs in Iraq.
ZIMBABWE
SEC. 656. The Secretary of the Treasury shall instruct
the United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans, to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule
of law has been restored in Zimbabwe, including respect
for ownership and title to property, freedom of speech and
association.
NIGERIA
SEC. 657. None of the funds appropriated under the
headings ‘‘International Military Education and Train-
ing’’ and ‘‘Foreign Military Financing Program’’ may be
made available for assistance for Nigeria until the Presi-
dent certifies to the Committees on Appropriations that the
Nigerian Minister of Defense, the Chief of the Army Staff,
and the Minister of State for Defense/Army are suspending
from the Armed Forces those members, of whatever rank,
against whom there is credible evidence of gross violations
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of human rights in Benue State in October 2001, and the
Government of Nigeria and the Nigerian Armed Forces are
taking effective measures to bring such individuals to jus-
tice: Provided, That the President may waive such prohibi-
tion if he determines that doing so is in the national secu-
rity interest of the United States: Provided further, That
prior to exercising such waiver authority, the President
shall submit a report to the Committees on Appropriations
describing the involvement of the Nigerian Armed Forces
in the incident in Benue State, the measures that are being
taken to bring such individuals to justice, and whether any
Nigerian Armed Forces units involved with the incident in
Benue State are receiving United States assistance.
BURMA
SEC. 658. (a) The Secretary of the Treasury shall in-
struct the United States executive director to each appro-
priate international financial institution in which the
United States participates, to oppose and vote against the
extension by such institution of any loan or financial or
technical assistance or any other utilization of funds of the
respective bank to and for Burma.
(b) Of the funds appropriated under the heading ‘‘Eco-
nomic Support Fund’’, not less than $15,000,000 shall be
made available to support democracy activities in Burma,
along the Burma-Thailand border, for activities of Burmese
student groups and other organizations located outside
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Burma, and for the purpose of supporting the provision of
humanitarian assistance to displaced Burmese along Bur-
ma’s borders: Provided, That funds made available under
this heading may be made available notwithstanding any
other provision of law: Provided further, That not more
than 60 days after enactment of this Act, the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development, shall submit
a report to the Committees on Appropriations detailing the
amount and rate of disbursement of fiscal years 2002 and
2003 funding for HIV/AIDS programs and activities in
Burma, the amount of funds expended by the State Peace
and Development Council (SPDC) on HIV/AIDS programs
and activities in calendar years 2001, 2002, and 2003, and
the extent to which international nongovernmental organi-
zations are able to conduct HIV/AIDS programs throughout
Burma, including the ability of expatriate staff to freely
travel through the country and to conduct programmatic
oversight independent of SPDC handling and monitoring:
Provided further, That funds made available by this section
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(c) It is the sense of the Senate that the United Nations
Security Council should debate and consider sanctions
against Burma as a result of the threat to regional stability
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and peace posed by the repressive and illegitimate rule of
the State Peace and Development Council.
ENTERPRISE FUND RESTRICTIONS
SEC. 659. Prior to the distribution of any assets result-
ing 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 accordance
with the regular notification procedures of the Committees
on Appropriations, a plan for the distribution of the assets
of the Enterprise Fund.
CAMBODIA
SEC. 660. (a) The Secretary of the Treasury shall in-
struct the United States executive directors of the inter-
national financial institutions to use the voice and vote of
the United States to oppose loans to the Central Govern-
ment of Cambodia, except loans to meet basic human needs.
(b)(1) None of the funds appropriated by this Act may
be made available for assistance for the Central Government
of Cambodia.
(2) Paragraph (1) shall not apply to assistance for
basic education, reproductive and maternal and child
health, cultural and historic preservation, programs for the
prevention, treatment, and control of, and research on,
HIV/AIDS, tuberculosis, malaria, polio and other infectious
diseases, programs to combat human trafficking that are
provided through nongovernmental organizations, and for
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the Ministry of Women and Veterans Affairs to combat
human trafficking.
(c) Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’, $7,000,000 shall be
made available, notwithstanding subsection (b), for assist-
ance for democratic opposition political parties in Cam-
bodia.
(d) Funds appropriated by this Act to carry out provi-
sions of section 541 of the Foreign Assistance Act of 1961
may be made available notwithstanding subsection (b) only
if at least 15 days prior to the obligation of such funds,
the Secretary of State provides to the Committees on Appro-
priations a list of those individuals who have been credibly
alleged to have ordered or carried out extrajudicial and po-
litical killings that occurred during the March 1997 grenade
attack against the Khmer Nation Party, the July 1997 coup
d’etat, and election related violence that occurred during the
1998, 2002, and 2003 elections in Cambodia.
(e) None of the funds appropriated or otherwise made
available by this Act may be used to provide assistance to
any tribunal established by the Government of Cambodia
unless the Secretary of State certifies to the Committees on
Appropriations that the perpetrators of the March 1997 gre-
nade attack and election-related killings, including former
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parliamentarian Om Radsady, have been arrested and
prosecuted.
FOREIGN MILITARY TRAINING REPORT
SEC. 661. (a) Notwithstanding any other provision of
law, the Secretary of Defense and the Secretary of State
shall jointly provide to the Congress by May 1, 2004, a re-
port on all military training provided to foreign military
personnel (excluding sales and training provided to the
military personnel of countries belonging to the North At-
lantic Treaty Organization (NATO) or of a country that
has concluded a protocol with NATO for accession to
NATO) under programs administered by the Department
of Defense and the Department of State during fiscal year
2003 and those proposed for fiscal year 2004. This report
shall include, for each such military training activity, the
foreign policy justification and purpose for the training ac-
tivity, the cost of the training activity, the number of for-
eign students trained and their units of operation, and the
location of the training. In addition, this report shall also
include, with respect to United States personnel, the oper-
ational benefits to United States forces derived from each
such training activity and the United States military units
involved in each such training activity. This report may
include a classified annex if deemed necessary and appro-
priate.
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(b) For purposes of this section a report to Congress
shall be deemed to mean a report to the Appropriations and
Foreign Relations Committees of the Senate and the Appro-
priations and International Relations Committees of the
House of Representatives.
ENTERPRISE FUNDS IN THE MIDDLE EAST REGION
SEC. 662. (a) Funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’ may be made avail-
able, notwithstanding any other provision of law, to estab-
lish and operate one or more enterprise funds in the Middle
East region for the purpose of supporting the private sectors
in that region: Provided, That provisions contained in sec-
tion 201 of the Support for East European Democracy
(SEED) Act of 1989 (excluding the authorizations of appro-
priations provided in subsection (b) of that section) shall
apply with respect to such enterprise funds: Provided fur-
ther, That prior to obligating any funds for purposes other
than the administrative support of any such enterprise
fund, and every six months after the establishment of such
fund, the President shall certify and report to the Commit-
tees on Appropriations that—
(1) the enterprise fund has taken all appropriate
steps to ensure that amounts appropriated by this Act
that are provided to the fund for the purpose of assist-
ing the development of the private sector are not pro-
vided to or through any individual or entity that the
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management of the fund knows or has reason to be-
lieve advocates, plans, sponsors, or engages in, or has
engaged in, terrorist activity;
(2) the enterprise fund furthers United States
commercial interests in the region; and
(3) the enterprise fund is managed in a fiscally
responsible manner.
PALESTINIAN STATEHOOD
SEC. 663. (a) LIMITATION ON ASSISTANCE.—None of
the funds appropriated by this Act may be provided to sup-
port a Palestinian state unless the Secretary of State deter-
mines and certifies to the appropriate congressional com-
mittees that—
(1) a new leadership of a Palestinian governing
entity, that has not supported acts of terrorism, has
been democratically elected through credible and com-
petitive 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) has taken appropriate measures to
counter terrorism and terrorist financing in the
West Bank and Gaza, including the dismantling
of terrorist infrastructures;
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(C) has established a new Palestinian secu-
rity entity that is fully cooperative with appro-
priate Israeli and other appropriate security or-
ganizations; and
(D) has taken appropriate measures to
enact a constitution assuring the rule of law and
other reforms assuring transparent and account-
able governance.
(b) WAIVER.—The President may waive subsection (a)
if he determines that it is in the national security interests
of the United States to do so.
(c) 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 652 of this Act (‘‘Limitation on Assistance
to the Palestinian Authority’’).
COLOMBIA
SEC. 664. (a) DETERMINATION AND CERTIFICATION
REQUIRED.—Notwithstanding any other provision of law,
funds appropriated by this Act that are available for assist-
ance for the Colombian Armed Forces, may be made avail-
able as follows:
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(1) Up to 50 percent of such funds may be obli-
gated prior to a determination and certification by
the Secretary of State pursuant to paragraph (2).
(2) Up to 25 percent of such funds may be obli-
gated only after the Secretary of State certifies and
reports to the appropriate congressional committees
that:
(A) The Commander General of the Colom-
bian Armed Forces is suspending from the
Armed Forces those members, of whatever rank,
who, according to the Minister of Defense or the
Procuraduria General de la Nacion, have been
credibly alleged to have committed gross viola-
tions of human rights, including extra-judicial
killings, or to have aided or abetted paramilitary
organizations.
(B) The Colombian Government is vigor-
ously investigating and prosecuting those mem-
bers of the Colombian Armed Forces, 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, and is
promptly punishing those members of the Colom-
bian Armed Forces found to have committed such
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violations of human rights or to have aided or
abetted paramilitary organizations.
(C) The Colombian Armed Forces have
made substantial progress in cooperating with
civilian prosecutors and judicial authorities in
such cases (including providing requested infor-
mation, such as the identity of persons sus-
pended from the Armed Forces and the nature
and cause of the suspension, and access to wit-
nesses, relevant military documents, and other
requested information).
(D) The Colombian Armed Forces have
made substantial progress in severing links (in-
cluding denying access to military intelligence,
vehicles, and other equipment or supplies, and
ceasing other forms of active or tacit coopera-
tion) at the command, battalion, and brigade
levels, with paramilitary organizations, espe-
cially in regions where these organizations have
a significant presence.
(E) The Colombian Armed Forces are dis-
mantling paramilitary leadership and financial
networks by arresting commanders and financial
backers, especially in regions where these net-
works have a significant presence.
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(3) The balance of such funds may be obligated
after July 31, 2004, if the Secretary of State certifies
and reports to the appropriate congressional commit-
tees, after such date, that the Colombian Armed
Forces are continuing to meet the conditions con-
tained in paragraph (2) and are conducting vigorous
operations to restore government authority and re-
spect for human rights in areas under the effective
control of paramilitary and guerrilla organizations.
(b) CONSULTATIVE PROCESS.—At least 10 days prior
to making the certifications 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. 665. (a) DENIAL OF VISAS TO SUPPORTERS OF
COLOMBIAN ILLEGAL ARMED GROUPS.—Subject to sub-
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section (b), the Secretary of State shall not issue a visa to
any alien who the Secretary determines, based on credible
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 taking
actions or failing to take actions which allow, facili-
tate, or otherwise foster the activities of such groups;
or
(2) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross vio-
lations 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 sup-
port the peace process in Colombia or for urgent humani-
tarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN
BROADCASTING CORPORATION
SEC. 666. None of the funds appropriated or otherwise
made available by this Act may be used to provide equip-
ment, technical support, consulting services, or any other
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form of assistance to the Palestinian Broadcasting Corpora-
tion.
IRAQ
SEC. 667. Notwithstanding any other provision of law,
funds appropriated under the heading ‘‘Economic Support
Fund’’ may be made available for assistance for Iraq: Pro-
vided, That the provisions of section 620G of the Foreign
Assistance Act of 1961, or any other provision of law that
applies to countries that have supported terrorism, shall not
apply with respect to countries that provide assistance to
Iraq: Provided further, That funds appropriated by this Act
or prior appropriations Acts for Iraq should be made avail-
able for the removal and safe disposal in Iraq of unexploded
ordnance, low level radioactive waste, and other environ-
mental hazards: Provided further, That not less than
$10,000,000 of the funds appropriated by this Act or prior
appropriations Acts that are available for assistance for
Iraq should be made available for investigations of human
rights violations by the former Iraq regime including the
excavation of mass graves: Provided further, That funds
made available under this section are made available sub-
ject to the regular notification procedures of the Committees
on Appropriations.
WEST BANK AND GAZA PROGRAM
SEC. 668. (a) OVERSIGHT.—For fiscal year 2004, 30
days prior to the initial obligation of funds for the bilateral
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West Bank and Gaza Program, the Secretary of State shall
certify to the appropriate committees of Congress that pro-
cedures have been established to assure the Comptroller Gen-
eral 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 Program funded
under the heading ‘‘Economic Support Fund’’ for the West
Bank and Gaza.
(b) VETTING.—Prior to the obligation of funds appro-
priated by this Act under the heading ‘‘Economic Support
Fund’’ for assistance for the West Bank and Gaza, the Sec-
retary of State shall take all appropriate steps to ensure
that such assistance is not provided to or through any indi-
vidual or entity that the Secretary knows or has reason to
believe advocates, plans, sponsors, engages in, or has en-
gaged 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.
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(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
$1,000,000 may be used by the Office of the Inspector Gen-
eral of the United States Agency for International Develop-
ment for audits, inspections, and other activities in further-
ance of the requirements of this subsection. Such funds are
in addition to funds otherwise available for such purposes.
INDONESIA
SEC. 669. Funds appropriated by this Act under the
heading ‘‘Foreign Military Financing Program’’ may be
made available for assistance for Indonesia, and licenses
may be issued for the export of lethal defense articles for
the Indonesian Armed Forces, only if the President certifies
to the appropriate congressional committees that—
(1) the Indonesia Minister of Defense is sus-
pending from the Armed Forces those members, of
whatever rank, who have been credibly alleged to have
committed gross violations of human rights, or to
have aided or abetted militia groups;
(2) the Indonesian Government is prosecuting
those members of the Indonesian Armed Forces, of
whatever rank, who have been credibly alleged to have
committed gross violations of human rights, or to
have aided or abetted militia groups, and is pun-
ishing those members of the Indonesian Armed Forces
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found to have committed such violations of human
rights or to have aided or abetted militia groups;
(3) the Indonesian Armed Forces are cooperating
with civilian prosecutors and judicial authorities in
Indonesia and with the joint United Nations-East
Timor Serious Crimes Unit (SCU) in such cases (in-
cluding extraditing those indicted by the SCU to East
Timor and providing access to witnesses, relevant
military documents, and other requested informa-
tion);
(4) the Indonesian Government and Armed
Forces are cooperating with the Federal Bureau of In-
vestigation’s investigation of the killings and wound-
ing of American and Indonesian citizens in Papua on
August 31, 2002; and
(5) the Minister of Defense is making publicly
available audits of receipts and expenditures of the
Indonesian Armed Forces.
RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS
DESTABILIZING WEST AFRICA
SEC. 670. (a) None of the funds appropriated by this
Act may be made available for assistance for the govern-
ment of any country for which the Secretary of State deter-
mines there is credible evidence that such government has
aided or abetted, within the previous 6 months, in the illicit
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distribution, transportation, or sale of diamonds mined in
Sierra Leone or Liberia.
(b) Whenever the prohibition on assistance required
under subsection (a) is exercised, the Secretary of State
shall notify the Committees on Appropriations in a timely
manner.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 671. (a) AUTHORITY TO REDUCE DEBT.—The
President may reduce amounts owed to the United States
(or any agency of the United States) by an eligible country
as a result of—
(1) guarantees issued under sections 221 and 222
of the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under
the Arms Export Control Act; or
(3) any obligation or portion of such obligation,
to pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89–808), or section
202 of the Agricultural Trade Act of 1978, as amend-
ed (Public Law 95–501).
(b) LIMITATIONS.—
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(1) The authority provided by subsection (a)
may be exercised only to implement multilateral offi-
cial debt relief and referendum agreements, commonly
referred to as ‘‘Paris Club Agreed Minutes’’.
(2) The authority provided by subsection (a)
may be exercised only in such amounts or to such ex-
tent as is provided in advance by appropriations
Acts.
(3) The authority provided by subsection (a)
may be exercised only with respect to countries with
heavy debt burdens that are eligible to borrow from
the International Development Association, but not
from the International Bank for Reconstruction and
Development, commonly referred to as ‘‘IDA-only’’
countries.
(c) CONDITIONS.—The authority provided by sub-
section (a) may be exercised only with respect to a country
whose government—
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts
of international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
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(4) (including its military or other security
forces) does not engage in a consistent pattern of gross
violations of internationally recognized human rights;
and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) AVAILABILITY OF FUNDS.—The authority provided
by subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ‘‘Debt Restruc-
turing’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc-
tion of debt pursuant to subsection (a) shall not be consid-
ered assistance for the purposes of any provision of law lim-
iting assistance to a country. The authority provided by
subsection (a) may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961 or section 321
of the International Development and Food Assistance Act
of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 672. (a) LOANS ELIGIBLE FOR SALE, REDUC-
TION, OR CANCELLATION.—
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL
CERTAIN LOANS.—Notwithstanding any other provi-
sion of law, the President may, in accordance with
this section, sell to any eligible purchaser any
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concessional loan or portion thereof made before Jan-
uary 1, 1995, pursuant to the Foreign Assistance Act
of 1961, to the government of any eligible country as
defined in section 702(6) of that Act or on receipt of
payment from an eligible purchaser, reduce or cancel
such loan or portion thereof, only for the purpose of
facilitating—
(A) debt-for-equity swaps, debt-for-develop-
ment swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not less
than 40 percent of the price paid for such debt
by such eligible country, or the difference between
the price paid for such debt and the face value
of such debt, to support activities that link con-
servation and sustainable use of natural re-
sources with the local community development,
and child survival and other child development,
in a manner consistent with sections 707
through 710 of the Foreign Assistance Act of
1961, if the sale, reduction, or cancellation would
not contravene any term or condition of any
prior agreement relating to such loan.
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(2) TERMS AND CONDITIONS.—Notwithstanding
any other provision of law, the President shall, in ac-
cordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or
canceled pursuant to this section.
(3) ADMINISTRATION.—The Facility, as defined
in section 702(8) of the Foreign Assistance Act of
1961, shall notify the administrator of the agency
primarily responsible for administering part I of the
Foreign Assistance Act of 1961 of purchasers that the
President has determined to be eligible, and shall di-
rect such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such
agency shall make adjustment in its accounts to re-
flect the sale, reduction, or cancellation.
(4) LIMITATION.—The authorities of this sub-
section shall be available only to the extent that ap-
propriations for the cost of the modification, as de-
fined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—The proceeds from the
sale, reduction, or cancellation of any loan sold, reduced,
or canceled pursuant to this section shall be deposited in
the United States Government account or accounts estab-
lished for the repayment of such loan.
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(c) ELIGIBLE PURCHASERS.—A loan may be sold pur-
suant to subsection (a)(1)(A) only to a purchaser who pre-
sents plans satisfactory to the President for using the loan
for the purpose of engaging in debt-for-equity swaps, debt-
for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to any
eligible purchaser, or any reduction or cancellation pursu-
ant to this section, of any loan made to an eligible country,
the President should consult with the country concerning
the amount of loans to be sold, reduced, or canceled and
their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority provided
by subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ‘‘Debt Restruc-
turing’’.
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
SEC. 673. Funds appropriated in Public Law 107–115
and Public Law 108–7 that were available for the United
Nations Population Fund (UNFPA), and $35,000,000 in
this Act, shall be made available for the UNFPA unless the
President determines that the UNFPA supports or partici-
pates in the management of a program of coercive abortion
or involuntary sterilization: Provided, That none of the
funds made available for the UNFPA may be used in the
People’s Republic of China: Provided further, That the other
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conditions on availability of funds for abortion and abor-
tion-related activities contained in this Act shall apply to
any assistance provided for the UNFPA in this Act: Pro-
vided further, That the conditions on availability of funds
for the UNFPA as contained in section 576(c) of Public
Law 107–115 shall apply to any assistance provided for
the UNFPA in this Act.
CENTRAL ASIA
SEC. 674. (a) Funds appropriated by this Act may
be made available for assistance for the central Government
of Uzbekistan only if the Secretary of State determines and
reports to the Committees on Appropriations that the Gov-
ernment of Uzbekistan is making substantial and con-
tinuing progress in meeting its commitments under the
‘‘Declaration on the Strategic Partnership and Cooperation
Framework Between the Republic of Uzbekistan and the
United States of America’’, including respect for human
rights, establishing a genuine multi-party system, and en-
suring free and fair elections, freedom of expression, and
the independence of the media.
(b) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan
only if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of
Kazakhstan has made significant improvements in the pro-
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tection of human rights during the preceding 6 month pe-
riod.
(c) The Secretary of State may waive the requirements
under subsection (b) if he determines and reports to the
Committees on Appropriations that such a waiver is in the
national security interests of the United States.
(d) Not later than October 1, 2004, the Secretary of
State shall submit a report to the Committees on Appro-
priations describing the following:
(1) The defense articles, defense services, and fi-
nancial assistance provided by the United States to
the countries of Central Asia during the 6-month pe-
riod ending 30 days prior to submission of each such
report.
(2) The use during such period of defense arti-
cles, defense services, and financial assistance pro-
vided by the United States by units of the armed
forces, border guards, or other security forces of such
countries.
(e) For purposes of this section, the term ‘‘countries
of Central Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz
Republic, Tajikistan, and Turkmenistan.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 675. Notwithstanding any other provision of law,
and subject to the regular notification procedures of the
Committees on Appropriations, the authority of section
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the House of Representatives on the investigation of the
murder of United States democracy worker John Alvis.
Such report shall include—
(1) a description of the steps taken by the Gov-
ernment of Azerbaijan to further such investigation
and bring to justice those responsible for the murder
of John Alvis;
(2) a description of the actions of the Govern-
ment of Azerbaijan to cooperate with United States
agencies involved in such investigation; and
(3) any recommendations of the Secretary for
furthering progress of such investigation.
REPORT ON SIERRA LEONE
SEC. 699A. Not later than 6 months after the date of
enactment of this Act, the Administrator of the United
States Agency for International Development shall submit
a report to the Committee on Foreign Relations and Com-
mittee on Appropriations of the Senate and the Committee
on International Relations and Committee on Appropria-
tions of the House of Representatives on the feasibility of
establishing a United States mission in Sierra Leone.
REPORT ON SOMALIA
SEC. 699B. (a) Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropria-