H. R. 2673—155
more than $50,000,000 may be available for administrative
expenses.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $241,700,000, to remain available until
September 30, 2006: 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 restric-
tions, 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: Pro-
vided further, That of the funds appropriated under this heading,
$12,000,000 should be made available for anti-trafficking in persons
programs, including trafficking prevention, protection and assist-
ance for victims, and prosecution of traffickers: Provided further,
That the Secretary of State shall provide to the Committees on
Appropriations not later than 45 days after the date of the enact-
ment of this Act and prior to the initial obligation of funds appro-
priated under this heading, a report on the proposed uses of all
funds under this heading on a country-by-country basis for each
proposed program, project, or activity: Provided further, That of
the funds appropriated under this heading, $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 avail-
able for construction and completion of a new facility: Provided
further, That of the funds appropriated under this heading, not
more than $26,117,000 may be available for administrative
expenses.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the
Andean region of South America, $731,000,000, to remain available
until September 30, 2006: Provided, That in fiscal year 2004, funds
available to the Department of State for assistance to the Govern-
ment of Colombia shall be available to support a unified campaign
against narcotics 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 Colombia (AUC), and to
take actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations: Provided
further, That this authority shall cease to be effective if the Sec-
retary 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 organizations: Provided fur-
ther, 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-defense group or illegal security cooperative, such
helicopter shall be immediately returned to the United States:
Provided further, That none of the funds appropriated by this
H. R. 2673—156
Act may be made available to support a Peruvian air interdiction
program until the Secretary of State and Director of Central Intel-
ligence certify to the Congress, 30 days before any resumption
of United States involvement in a Peruvian air interdiction program,
that an air interdiction program that permits the ability of the
Peruvian Air Force to shoot down aircraft will include enhanced
safeguards and procedures to prevent the occurrence of any incident
similar to the April 20, 2001 incident: Provided further, That the
Secretary of State, in consultation with the 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
obligation of funds appropriated under this heading, a report on
the proposed uses of all funds under this heading on a country-
by-country basis for each proposed program, project, or activity:
Provided further, That of the funds appropriated under this heading,
not less than $257,000,000 shall be made available for alternative
development/institution building, of which $229,200,000 shall be
apportioned directly to the United States Agency for International
Development: Provided further, That of the funds appropriated
under this heading, not less than $25,000,000 should be made
available for justice and rule of law programs 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 $13,000,000 should be made available for organiza-
tions and programs to protect human rights: 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 fumigation programs may be made available for such
programs 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
Environmental 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 environ-
ment: Provided further, That such funds may not be made available
unless the Secretary of State certifies to the Committees on Appro-
priations that complaints of harm to health or licit crops caused
by such fumigation are evaluated and fair compensation is being
paid for meritorious 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 International
Development, the Government of Colombia, or other organizations,
in consultation with local communities, to provide alternative
sources of income in areas where security permits for small-acreage
growers whose illicit crops are targeted for fumigation: Provided
further, That of the funds appropriated under this heading, not
less than $2,500,000 should be made available for continued
training, equipment, and other assistance for the Colombian
National Park Service: Provided further, That funds appropriated
by this Act may be used for aerial fumigation in Colombia’s national
parks or reserves if the Secretary of State determines that it is
in accordance with Colombian laws and that there are no effective
alternatives to reduce drug cultivation in these areas: Provided
H. R. 2673—157
further, That section 482(b) of the Foreign Assistance Act of 1961
shall not apply to funds appropriated under this heading: Provided
further, That assistance provided with funds appropriated under
this heading that is made available notwithstanding section 482(b)
of the Foreign Assistance Act of 1961, as amended, shall be made
available subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the provi-
sions 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
employed by the United States will participate in any combat oper-
ation in connection with assistance made available by this Act
for Colombia: Provided further, That funds appropriated under this
heading that are available for assistance for the Bolivian military
and police should be made available for such purposes subject
to a determination by the Secretary of State, and a report to
the Committees on Appropriations, that the Bolivian military and
police are respecting human rights and cooperating with investiga-
tions and prosecutions of alleged violations of human rights: 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 administrative expenses of the United States
Agency for International 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 contribu-
tion to the International Committee of the Red Cross, assistance
to refugees, including contributions to the International Organiza-
tion 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 author-
ized by the Foreign Service Act of 1980; allowances as authorized
by sections 5921 through 5925 of title 5, United States Code;
purchase and hire of passenger motor vehicles; and services as
authorized by section 3109 of title 5, United States Code,
$760,197,000, which shall remain available until expended: Pro-
vided, 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 resettling in Israel: Provided
further, That funds appropriated under this heading may be made
available for a headquarters contribution to the International Com-
mittee 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 partici-
pation in the activities of the International Red Cross and Red
Crescent Movement.
H. R. 2673—158
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)), $30,000,000, to remain available until
expended: Provided, That funds made available under this heading
are appropriated notwithstanding the provisions contained in sec-
tion 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-terrorism,
demining and related programs and activities, $353,500,000, to
carry out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of
part II of the Foreign Assistance Act of 1961, section 504 of the
FREEDOM Support Act, section 23 of the Arms Export Control
Act or the Foreign Assistance Act of 1961 for demining activities,
the clearance of unexploded ordnance, the destruction of small
arms, and related activities, notwithstanding any other provision
of law, including activities implemented through nongovernmental
and international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the Inter-
national Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Pre-
paratory Commission: Provided, That of this amount not to exceed
$30,000,000, to remain available until expended, may be made
available for the Nonproliferation and Disarmament Fund, notwith-
standing any other provision of law, to promote bilateral and multi-
lateral activities relating to nonproliferation and disarmament: Pro-
vided 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 security
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 participate in the activities of that Agency:
Provided further, That funds available during fiscal year 2004 for
a contribution to the Comprehensive Nuclear Test Ban Treaty Pre-
paratory 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 contribu-
tion 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, from
funds appropriated under this heading in this and subsequent Acts
making appropriations for foreign operations, export financing and
related programs, not to exceed $250,000 for public-private partner-
ships for mine action by grant, cooperative agreement, or contract:
Provided further, That funds appropriated under this heading shall