[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1161 Reported in Senate (RS)]






                                                       Calendar No. 116
108th CONGRESS
  1st Session
                                S. 1161

To authorize appropriations for foreign assistance programs for fiscal 
                   year 2004, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 29, 2003

Mr. Lugar, from the Committee on Foreign Relations, reported under the 
  authority of the order of the Senate of May 23, 2003, the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations for foreign assistance programs for fiscal 
                   year 2004, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Foreign Assistance 
Authorization Act, fiscal year 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

 Subtitle A--Development Assistance and Related Programs Authorizations

Sec. 101. Development assistance.
Sec. 102. Child Survival and Health Programs Fund.
Sec. 103. Development credit authority.
Sec. 104. Program to provide technical assistance to foreign 
                            governments and foreign central banks of 
                            developing or transitional countries.
Sec. 105. International organizations and programs.
Sec. 106. Continued availability of certain funds withheld from 
                            international organizations.
Sec. 107. International disaster assistance.
Sec. 108. Transition initiatives.
Sec. 109. Famine assistance.
Sec. 110. Assistance for the independent states of the former Soviet 
                            Union.
Sec. 111. Assistance for Eastern Europe and the Baltic States.
Sec. 112. Operating expenses of the United States Agency for 
                            International Development.
Subtitle B--Counternarcotics, Security Assistance, and Related Programs 
                             Authorizations

Sec. 121. Complex foreign contingencies.
Sec. 122. International narcotics control and law enforcement.
Sec. 123. Economic Support Fund.
Sec. 124. International military education and training.
Sec. 125. Peacekeeping operations.
Sec. 126. Nonproliferation, anti-terrorism, demining, and related 
                            assistance.
Sec. 127. Foreign military financing program.
            Subtitle C--Independent Agencies Authorizations

Sec. 131. Inter-American Foundation.
Sec. 132. African Development Foundation.
        Subtitle D--Multilateral Development Bank Authorizations

Sec. 141. Contribution to the seventh replenishment of the Asian 
                            Development Fund.
Sec. 142. Contribution to the thirteenth replenishment of the 
                            International Development Association.
Sec. 143. Contribution to the ninth replenishment of the African 
                            Development Fund.
      Subtitle E--Authorization for Iraq Relief and Reconstruction

Sec. 151. Authorization of assistance for relief and reconstruction 
                            efforts.
Sec. 152. Reporting and consultation.
Sec. 153. Special assistance authority.
Sec. 154. Inapplicability of certain restrictions.
Sec. 155. Termination of authorities.
     TITLE II--AMENDMENTS TO GENERAL FOREIGN ASSISTANCE AUTHORITIES

  Subtitle A--Foreign Assistance Act Amendments and Related Provisions

Sec. 201. Development policy.
Sec. 202. Assistance for nongovernmental organizations.
Sec. 203. Authority for use of funds for unanticipated contingencies.
Sec. 204. Authority to accept lethal excess property.
Sec. 205. Reconstruction assistance under international disaster 
                            assistance authority.
Sec. 206. Funding authorities for assistance for the independent states 
                            of the former Soviet Union.
Sec. 207. Waiver of net proceeds resulting from disposal of United 
                            States defense articles provided to a 
                            foreign country on a grant basis.
Sec. 208. Transfer of certain obsolete or surplus defense articles in 
                            the war reserve stockpiles for allies to 
                            Israel.
Sec. 209. Additions to war reserve stockpiles for allies for fiscal 
                            year 2004.
Sec. 210. Restrictions on economic support funds for Lebanon.
Sec. 211. Administration of justice.
Sec. 212. Demining programs.
Sec. 213. Special waiver authority.
Sec. 214. Prohibition of assistance for countries in default.
Sec. 215. Military coups.
Sec. 216. Designation of position for which appointee is nominated.
Sec. 217. Exceptions to requirement for congressional notification of 
                            program changes.
Sec. 218. Commitments for expenditures of funds.
Sec. 219. Alternative dispute resolution.
Sec. 220. Administrative authorities.
Sec. 221. Assistance for law enforcement forces.
Sec. 222. Special debt relief for the poorest.
Sec. 223. Congo Basin Forest Partnership.
Sec. 224. Landmine clearance programs.
Sec. 225. Middle East Foundation.
 Subtitle B--Arms Export Control Act Amendments and Related Provisions

Sec. 231. Thresholds for advance notice to Congress of sales or 
                            upgrades of defense articles, design and 
                            construction services, and major defense 
                            equipment.
Sec. 232. Clarification of requirement for advance notice to Congress 
                            of comprehensive export authorizations.
Sec. 233. Exception to bilateral agreement requirements for transfers 
                            of defense items within Australia.
Sec. 234. Authority to provide cataloging data and services to non-NATO 
                            countries.
Sec. 235. Freedom Support Act permanent waiver authority.
Sec. 236. Extension of Pakistan waivers.
Sec. 237. Consolidation of reports on nonproliferation in South Asia.
Sec. 238. Haitian Coast Guard.
Sec. 239. Sense of Congress relating to exports of defense items to the 
                            United Kingdom.
Sec. 240. Marketing information for commercial communications 
                            satellites.
           TITLE III--RADIOLOGICAL TERRORISM THREAT REDUCTION

Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Definitions.
Sec. 304. International storage facilities for radioactive sources.
Sec. 305. Discovery, inventory, and recovery of radioactive sources.
Sec. 306. Radioisotope thermal generator power units in the independent 
                            states of the former Soviet Union.
Sec. 307. Foreign first responders.
Sec. 308. Threat assessment reports.
                 TITLE IV--GLOBAL PATHOGEN SURVEILLANCE

Sec. 401. Short title.
Sec. 402. Findings; purpose.
Sec. 403. Definitions.
Sec. 404. Priority for certain countries.
Sec. 405. Restriction.
Sec. 406. Fellowship program.
Sec. 407. In-country training in laboratory techniques and syndrome 
                            surveillance.
Sec. 408. Assistance for the purchase and maintenance of public health 
                            laboratory equipment.
Sec. 409. Assistance for improved communication of public health 
                            information.
Sec. 410. Assignment of public health personnel to United States 
                            missions and international organizations.
Sec. 411. Expansion of certain United States Government laboratories 
                            abroad.
Sec. 412. Assistance for regional health networks and expansion of 
                            foreign epidemiology training programs.
Sec. 413. Authorization of appropriations.
                   TITLE V--MISCELLANEOUS PROVISIONS

     Subtitle A--Elimination and Modification of Certain Reporting 
                              Requirements

Sec. 501. Annual report on territorial integrity.
Sec. 502. Annual reports on activities in Colombia.
Sec. 503. Annual report on foreign military training.
Sec. 504. Report on human rights in Haiti.
                       Subtitle B--Other Matters

Sec. 511. Certain claims for expropriation by the Government of 
                            Nicaragua.
Sec. 512. Amendments to the Arms Control and Disarmament Act.
Sec. 513. Support for Sierra Leone.
Sec. 514. Support for independent media in Ethiopia.
Sec. 515. Support for Somalia.
Sec. 516. Support for Central African States.
Sec. 517. African contingency operations training and assistance 
                            program.
Sec. 518. Condition on the provision of certain funds to Indonesia.
Sec. 519. Assistance to combat HIV/AIDS in certain countries of the 
                            Caribbean region.
Sec. 520. Repeal of obsolete assistance authority.
Sec. 521. Technical corrections.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

 Subtitle A--Development Assistance and Related Programs Authorizations

SEC. 101. DEVELOPMENT ASSISTANCE.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the President for ``Development Assistance'', 
$1,360,000,000 for fiscal year 2004 to carry out sections 103, 105, 
106, and 496 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151a, 
2151c, 2151d, and 2293).
    (b) Availability.--Amounts appropriated under this section for the 
purposes specified in subsection (a)--
            (1) are authorized to remain available until expended; and
            (2) are in addition to amounts otherwise available for such 
        purposes.
    (c) Repeal of Obsolete Authorizations.--
            (1) Agriculture, rural development, and nutrition.--Section 
        103(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151a(a)) is amended--
                    (A) by striking ``(a)(1)'' and inserting ``(a)'';
                    (B) by striking paragraphs (2) and (3); and
                    (C) by redesignating subparagraphs (A), (B), and 
                (C), as paragraphs (1), (2), and (3), respectively.
            (2) Education and human resources development.--Section 
        105(a) of such Act (22 U.S.C. 2151c(a)) is amended by striking 
        the second sentence.
            (3) Energy, private voluntary organizations, and selected 
        development activities.--Section 106 of such Act (22 U.S.C. 
        2151d) is amended by striking subsections (e) and (f).
    (d) Technical Amendment of Development Fund for Africa.--Section 
497 of the Foreign Assistance Act of 1961 (22 U.S.C. 2294) is amended 
by striking ``Authorizations of Appropriations for the Development Fund 
for Africa.--'' and inserting ``Availability of Funds.--''.

SEC. 102. CHILD SURVIVAL AND HEALTH PROGRAMS FUND.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the President for ``Child Survival and Health Programs 
Fund'', $1,495,000,000 for fiscal year 2004 to carry out sections 104 
and 496 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b and 
2293). Amounts authorized to be appropriated under this section are in 
addition to amounts available under other provisions of law to combat 
the human immunodeficiency virus (HIV) or the acquired immune 
deficiency syndrome (AIDS).
    (b) Family Planning Programs.--Of the amount authorized to be 
appropriated under subsection (a), $346,000,000 may be used for 
assistance under sections 104(b) and 496(i)(3) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151b(b) and 2293(i)(3)).
    (c) Availability.--Amounts appropriated under this section for the 
purposes specified in subsection (a)--
            (1) are authorized to remain available until expended; and
            (2) are in addition to amounts otherwise available for such 
        purposes.
    (d) Repeal of Obsolete Authorizations and Technical Amendments.--
Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151b(c)) is amended--
            (1) in paragraph (2)--
                    (A) by striking subparagraphs (B) and (C); and
                    (B) by striking ``(2)(A)'' and inserting ``(2)''; 
                and
            (2) in paragraph (3), by striking the last sentence.

SEC. 103. DEVELOPMENT CREDIT AUTHORITY.

    Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151 et seq.) is amended by inserting after section 108 (22 
U.S.C. 2151f) the following:

``SEC. 108A. DEVELOPMENT CREDIT AUTHORITY.

    ``(a) Findings.--Congress makes the following findings:
            ``(1) Developing countries often have large reserves of 
        privately held capital that are not being adequately mobilized 
        and invested due to weak financial institutions and other 
        market imperfections in such countries.
            ``(2) Partial loan guarantees, particularly when used as an 
        integral part of a development strategy, are useful to leverage 
        local private capital for development while reforming and 
        strengthening developing country financial markets.
            ``(3) Requiring risk-sharing guarantees and limiting 
        guarantee assistance to private lenders encourages such lenders 
        to provide appropriate oversight and management of development 
        projects funded with loans made by such lenders and, thereby, 
        maximize the benefit which such projects will achieve.
    ``(b) Policy.--It is the policy of the United States to make 
partial loan guarantees available to private lenders to fund 
development projects in developing countries that encourage such 
lenders to provide appropriate oversight and management of such 
development projects.
    ``(c) Authority.--To carry out the policy set forth in subsection 
(b), the President is authorized to provide assistance in the form of 
loans and partial loan guarantees to private lenders in developing 
countries to achieve the economic development purposes of the 
provisions of this part.
    ``(d) Priority for Assistance.--The President, in providing 
assistance under this section, shall give priority to providing partial 
loan guarantees made pursuant to the authority in subsection (c) that 
are used in transactions in which the financial risk of loss to the 
United States Government under such guarantee does not exceed the 
financial risk of loss of the private lender that receives such 
guarantee.
    ``(e) Terms and Conditions.--Assistance provided under this section 
shall be provided on such terms and conditions as the President 
determines appropriate.
    ``(f) Obligations of the United States.--A partial loan guarantee 
made under subsection (c) shall constitute an obligation, in accordance 
with the terms of such guarantee, of the United States of America and 
the full faith and credit of the United States of America is pledged 
for the full payment and performance of such obligation.
    ``(g) Procurement Provisions.--Assistance may be provided under 
this section notwithstanding section 604(a).
    ``(h) Development Credit Authority Program Account.--There is 
established on the books of the Treasury an account known as the 
Development Credit Authority Program Account. There shall be deposited 
into the account all amounts made available for providing assistance 
under this section, other than amounts made available for 
administrative expenses to carry out this section. Amounts in the 
Account shall be available to provide assistance under this section.
    ``(i) Availability of Funds.--
            ``(1) In general.--Of the amounts authorized to be 
        available for the purposes of part I of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2151) and the Support for Eastern 
        European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.), 
        not more than $21,000,000 for fiscal year 2004 may be made 
        available to carry out this section.
            ``(2) Transfer of funds.--Amounts made available under 
        paragraph (1) may be transferred to the Development Credit 
        Authority Program Account established by subsection (h) of such 
        section.
            ``(3) Subsidy cost.--Amounts made available under 
        paragraphs (1) and (2) shall be available for subsidy cost as 
        defined in section 502(5) of the Federal Reform Credit Act of 
        1990 (2 U.S.C. 661a(5)) of activities under this section.
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        for administrative expenses to carry out this section 
        $8,000,000 for fiscal year 2004.
            ``(2) Transfer of funds.--The amounts appropriated for 
        administrative expenses under paragraph (1) may be transferred 
        to and merged with amounts made available under section 667(a).
    ``(k) Availability.--Amounts appropriated or made available under 
this section are authorized to remain available until expended.''.

SEC. 104. PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO FOREIGN 
              GOVERNMENTS AND FOREIGN CENTRAL BANKS OF DEVELOPING OR 
              TRANSITIONAL COUNTRIES.

    Section 129(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151aa(j)(1)) is amended by striking ``$5,000,000 for fiscal year 
1999'' and inserting ``$14,000,000 for fiscal year 2004''.

SEC. 105. INTERNATIONAL ORGANIZATIONS AND PROGRAMS.

    Section 302 of the Foreign Assistance Act of 1961 (22 U.S.C. 2222) 
is amended to read as follows:

``SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to the President 
$314,500,000 for fiscal year 2004 for grants to carry out the purposes 
of this chapter. Amounts appropriated pursuant to the authorization of 
appropriations in this section are in addition to amounts otherwise 
available for such purposes.''.

SEC. 106. CONTINUED AVAILABILITY OF CERTAIN FUNDS WITHHELD FROM 
              INTERNATIONAL ORGANIZATIONS.

    Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227) 
is amended by adding at the end the following new subsection:
    ``(e) Funds available in any fiscal year to carry out the 
provisions of this chapter that are returned or not made available for 
organizations and programs because of the application of this section 
shall remain available for obligation until September 30 of the fiscal 
year after the fiscal year for which such funds are appropriated.''.

SEC. 107. INTERNATIONAL DISASTER ASSISTANCE.

    Section 492(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2292a(a)) is amended by striking ``$25,000,000 for fiscal year 1986 and 
$25,000,000 for fiscal year 1987'' and inserting ``$235,500,000 for 
fiscal year 2004''.

SEC. 108. TRANSITION INITIATIVES.

    (a) Authority.--Section 494 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2292c) is amended to read as follows:

``SEC. 494. TRANSITION AND DEVELOPMENT ASSISTANCE.

    ``(a) Transition and Development Assistance.--The President is 
authorized to furnish assistance to support the transition to democracy 
and to long-term development in accordance with the general authority 
contained in section 491, including assistance to--
            ``(1) develop, strengthen, or preserve democratic 
        institutions and processes;
            ``(2) revitalize basic infrastructure; and
            ``(3) foster the peaceful resolution of conflict.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to the President $55,000,000 for fiscal year 2004 to carry 
out this section.
    ``(c) Availability.--Amounts appropriated under this section for 
the purpose specified in subsection (b)--
            ``(1) are authorized to remain available until expended; 
        and
            ``(2) are in addition to amounts otherwise available for 
        such purpose.''.

SEC. 109. FAMINE ASSISTANCE.

    (a) Authority.--Chapter 9 of part I of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2292 et seq.), as amended by section 520, is amended 
by adding at the end the following new section:

``SEC. 495. FAMINE ASSISTANCE.

    ``(a) Authorization.--The President is authorized to provide 
assistance for famine prevention and relief, including for famine 
prevention and for mitigation of the effects of famine.
    ``(b) Authorities.--Assistance authorized by subsection (a) shall 
be provided in accordance with the general authority contained in 
section 491.
    ``(c) Notification.--The President shall transmit advance 
notification of any assistance to be provided under subsection (a) to 
the Committees on Foreign Relations and Appropriations of the Senate 
and the Committees on International Relations and Appropriations of the 
House of Representative in accordance with section 634A (22 U.S.C. 
2394-1).
    ``(d) Famine Fund.--There is established on the books of the 
Treasury an account to be known as the Famine Fund. There shall be 
deposited into the account all amounts made available for providing 
assistance under subsection (a). Amounts in the Fund shall be available 
to provide assistance under such subsection.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the President such sums as may be necessary for fiscal 
year 2004 to carry out this section.
    ``(f) Availability.--Amounts appropriated under this section--
            ``(1) are authorized to remain available until expended; 
        and
            ``(2) are in addition to amounts otherwise available for 
        such purpose.''.

SEC. 110. ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET 
              UNION.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the President for ``Assistance for the Independent 
States of the Former Soviet Union'', $646,000,000 for fiscal year 2004 
to carry out chapters 11 and 12 of part I of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2295 et seq. and 2296 et seq.).
    (b) Availability.--Amounts appropriated under this section for the 
purposes specified in subsection (a)--
            (1) are authorized to remain available until expended; and
            (2) are in addition to amounts otherwise available for such 
        purposes.

SEC. 111. ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the President for ``Assistance for Eastern Europe and 
the Baltic States'' $475,000,000 for fiscal year 2004 to carry out the 
Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 
et seq.), and the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.).
    (b) Availability.--Amounts appropriated under this section for the 
purposes specified in subsection (a)--
            (1) are authorized to remain available until expended;
            (2) are in addition to amounts otherwise available for such 
        purposes;
            (3) may be made available notwithstanding any other 
        provision of law; and
            (4) shall be considered to be economic assistance under the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for 
        purposes of making applicable the administrative authorities 
        contained in that Act for the use of economic assistance.

SEC. 112. OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR 
              INTERNATIONAL DEVELOPMENT.

    (a) Authorization of Appropriations.--Section 667 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2427) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) $750,400,000 for the fiscal year 2004 for necessary 
        operating expenses of the United States Agency for 
        International Development, of which $146,300,000 is authorized 
        to be appropriated for overseas construction and related costs 
        and for enhancement of information technology and related 
        investments; and''; and
                    (B) in paragraph (2) of such subsection, by 
                striking ``agency'' and inserting ``Agency'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) There are authorized to be appropriated to the President, in 
addition to funds available under subsection (a) or any other provision 
of law for such purposes--
            ``(1) $35,000,000 for fiscal year 2004 for necessary 
        operating expenses of the Office of Inspector General of the 
        United States Agency for International Development; and
            ``(2) such amounts as may be necessary for increases in 
        pay, retirement, and other employee benefits authorized by law 
        for the employees of such Office, and for other 
        nondiscretionary costs of such Office.''.
    (b) Conforming Amendment.--The heading of section 667 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2427) is amended by striking 
``Expenses.--'' and inserting ``Expenses of the United States Agency 
for International Development.--''.

Subtitle B--Counternarcotics, Security Assistance, and Related Programs 
                             Authorizations

SEC. 121. COMPLEX FOREIGN CONTINGENCIES.

    Chapter 5 of part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2261) is amended by adding at the end the following new section:

``SEC. 452. COMPLEX FOREIGN CRISES CONTINGENCY FUND.

    ``(a) Establishment of Fund.--There is hereby established on the 
books of the Treasury a fund to be known as the Complex Foreign Crises 
Contingency Fund (in this section referred to as the `Fund') for the 
purpose described in subsection (b).
    ``(b) Purpose.--The purpose of the Fund is to provide the President 
with increased flexibility to respond to complex foreign crises, 
including the ability--
            ``(1) to provide support for peace and humanitarian 
        intervention operations; and
            ``(2) to prevent or respond to foreign territorial 
        disputes, armed ethnic or civil conflicts that pose threats to 
        regional or international peace, and acts of ethnic cleansing, 
        mass killings, and genocide.
    ``(c) Elements.--The Fund shall consist of amounts authorized to be 
appropriated to the Fund under subsection (g).
    ``(d) Authority To Furnish Assistance.--(1) Notwithstanding any 
other provision of law, whenever the President determines it to be 
important to the national interests of the United States, the President 
is authorized to furnish assistance using amounts in the Fund for the 
purpose of responding to a complex foreign crisis.
    ``(2) The authority to furnish assistance under paragraph (1) for 
the purpose specified in that paragraph is in addition to any other 
authority under law to furnish assistance for that purpose.
    ``(e) Limitation on Use of Funds.--No amounts in the Fund shall be 
available to respond to natural disasters.
    ``(f) Notice of Exercise of Authority.--The President shall notify 
the Committee on Foreign Relations and the Committee on Appropriations 
of the Senate and the Committee on International Relations and the 
Committee on Appropriations of the House of Representatives at least 5 
days before each exercise of the authority in this section in 
accordance with procedures applicable to reprogramming notifications 
pursuant to section 634A.
    ``(g) Authorization of Appropriations.--(1) There is authorized to 
be appropriated to the President for fiscal year 2004 such sums as may 
be necessary to carry out this section.
    ``(2) Amounts appropriated pursuant to the authorization of 
appropriations in paragraph (1) shall be deposited in the Fund.
    ``(3) Amounts appropriated pursuant to the authorization of 
appropriations in paragraph (1) shall remain available until 
expended.''.

SEC. 122. INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT.

    (a) Authorization of Appropriations for Fiscal Year 2004.--
Paragraph (1) of section 482(a) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2291a(a)) is amended by striking ``$147,783,000'' and all 
that follows and inserting ``$985,000,000 for fiscal year 2004, of 
which $700,000,000 is authorized to be appropriated for the Andean 
Counterdrug Initiative.''.
    (b) Availability of Funds for Colombia.--That section is further 
amended by adding at the end the following new paragraphs:
    ``(3) Notwithstanding any other provision of law, amounts 
authorized to be appropriated to carry out the purposes of section 481 
for fiscal year 2004, and amounts appropriated for fiscal years before 
fiscal year 2004 for purposes of such section that remain available for 
obligation, may be used to furnish assistance to the Government of 
Colombia--
            ``(A) to support a unified campaign against narcotics 
        trafficking and terrorist activities; and
            ``(B) to take actions to protect human health and welfare 
        in emergency circumstances, including undertaking rescue 
        operations.
    ``(4) Assistance furnished to the Government of Colombia under this 
section--
                    ``(A) shall be subject to the limitations on the 
                assignment of United States personnel in Colombia under 
                subsections (b) through (d) of section 3204 of the 
                Emergency Supplemental Act, 2000 (division B of Public 
                Law 106-246; 114 Stat. 576);
                    ``(B) shall be subject to the condition that no 
                United States Armed Forces personnel and no employees 
                of United States contractors participate in any combat 
                operation in connection with such assistance; and
                    ``(C) shall be subject to the condition that the 
                Government of Colombia is fulfilling its commitment to 
                the United States with respect to its human rights 
                practices, including the specific conditions set forth 
                in subparagraphs (A) through (E) of section 564(a)(2) 
                of the Foreign Operations, Export Financing, and 
                Related Programs Appropriations Act, 2003 (division E 
                of Public Law 108-7; 117 Stat. 205).''.

SEC. 123. ECONOMIC SUPPORT FUND.

    (a) Authorization of Appropriations.--Section 532(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2346a(a)) is amended to read as 
follows:
    ``(a) There is authorized to be appropriated to the President to 
carry out the purposes of this chapter $2,535,000,000 for fiscal year 
2004.''.
    (b) Authorization of Assistance for Israel.--Section 513(b)(1) of 
the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 
856), as amended by section 1221(a) of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 
1430), is further amended by striking ``fiscal years 2002 and 2003'' 
and inserting ``fiscal years 2003 and 2004''.
    (c) Authorization of Assistance for Egypt.--Section 514(b)(1) of 
the Security Assistance Act of 2000 (Public Law 106-280), as amended by 
section 1221(b) of the Foreign Relations Authorization Act, Fiscal Year 
2003 (Public Law 107-228; 116 Stat. 1430), is further amended by 
striking ``fiscal years 2002 and 2003'' and inserting ``fiscal years 
2003 and 2004''.

SEC. 124. INTERNATIONAL MILITARY EDUCATION AND TRAINING.

    Section 542 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347a) 
is amended by striking ``There are authorized'' and all that follows 
through ``fiscal year 1987'' and inserting ``There is authorized to be 
appropriated to the President to carry out the purposes of this chapter 
$91,700,000 for the fiscal year 2004''.

SEC. 125. PEACEKEEPING OPERATIONS.

    Section 552(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2348a(a)) is amended by striking ``There are authorized'' and all that 
follows through ``fiscal year 1987'' and inserting ``There is 
authorized to be appropriated to the President to carry out the 
purposes of this chapter, in addition to amounts otherwise available 
for such purposes, $101,900,000 for the fiscal year 2004''.

SEC. 126. NONPROLIFERATION, ANTI-TERRORISM, DEMINING, AND RELATED 
              ASSISTANCE.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the President for fiscal year 2004, $485,200,000 for 
Nonproliferation, Anti-Terrorism, Demining, and Related Programs for 
the purpose of carrying out nonproliferation, anti-terrorism, demining, 
and related programs and activities under--
            (1) chapter 8 of part II of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2349aa et seq.);
            (2) chapter 9 of part II of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2349bb et seq.);
            (3) section 551 of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2348), as amended by section 212 of this Act, to the 
        extent such assistance is used for activities identified in the 
        last sentence of that section, including not to exceed $675,000 
        for administrative expenses related to such activities, 
which amount shall be in addition to funds otherwise made available for 
such purposes;
            (4) section 504 of the FREEDOM Support Act (22 U.S.C. 5854) 
        and programs under the Nonproliferation and Disarmament Fund to 
        promote bilateral and multilateral activities relating to 
        nonproliferation and disarmament, notwithstanding any other 
        provision of law, including, when in the national security 
        interests of the United States, with respect to international 
        organizations and countries other than the independent states 
        of the former Soviet Union;
            (5) section 23 of the Arms Export Control Act (22 U.S.C. 
        2763), for demining activities, the clearance of unexploded 
        ordnance, the destruction of small arms, and related 
        activities, notwithstanding any other provision of law;
            (6) section 301 of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2221);
            (7) the Radiological Terrorism Threat Reduction Act of 2003 
        under title III of this Act; and
            (8) the Global Pathogen Surveillance Act of 2003 under 
        title IV of this Act.
    (b) Availability.--Amounts appropriated under this section for the 
purpose specified in subsection (a)--
            (1) are authorized to remain available until expended; and
            (2) are in addition to amounts otherwise available for that 
        purpose.

SEC. 127. FOREIGN MILITARY FINANCING PROGRAM.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the President for grant assistance under section 23 of 
the Arms Export Control Act (22 U.S.C. 2763), $4,414,000,000 for fiscal 
year 2004.
    (b) Assistance for Israel.--Section 513 of the Security Assistance 
Act of 2000 (Public Law 106-280; 114 Stat. 856), as amended by section 
1221(a) of the Foreign Relations Authorization Act, Fiscal Year 2003 
(Public Law 107-228; 116 Stat. 1430), is further amended--
            (1) in subsection (c)(1), by striking ``fiscal years 2002 
        and 2003'' and inserting ``fiscal years 2003 and 2004'';
            (2) in subsection (c)(3), by striking ``Funds authorized'' 
        and all that follows through ``later.'' and inserting ``Funds 
        authorized to be available for Israel under subsection (b)(1) 
        and paragraph (1) for fiscal year 2004 shall be disbursed not 
        later than 30 days after the date of enactment of an Act making 
        appropriations for foreign operations, export financing, and 
        related programs for fiscal year 2004, or October 31, 2004, 
        whichever is later.''; and
            (3) in subsection (c)(4)--
                    (A) by striking ``fiscal years 2002 and 2003'' and 
                inserting ``fiscal years 2003 and 2004''; and
                    (B) by striking ``$535,000,000 for fiscal year 2002 
                and not less than $550,000,000 for fiscal year 2003'' 
                and inserting ``$550,000,000 for fiscal year 2003 and 
                not less than $565,000,000 for fiscal year 2004''.
    (c) Assistance for Egypt.--Section 514 of the Security Assistance 
Act of 2000 (Public Law 106-280; 114 Stat. 857), as amended by section 
1221(b) of the Foreign Relations Authorization Act, Fiscal Year 2003 
(116 Stat. 1430), is further amended--
            (1) in subsection (c) by striking ``fiscal years 2002 and 
        2003'' and inserting ``fiscal years 2003 and 2004''; and
            (2) in subsection (e), by striking ``Funds estimated'' and 
        all that follows through ``of the respective fiscal year, 
        whichever is later'' and inserting the following: ``Funds 
        estimated to be outlayed for Egypt under subsection (c) during 
        fiscal year 2004 shall be disbursed to an interest-bearing 
        account for Egypt in the Federal Reserve Bank of New York not 
        later than 30 days after the date of enactment of an Act making 
        appropriations for foreign operations, export financing, and 
        related programs for fiscal year 2004, or by October 31, 2003, 
        whichever is later''.

            Subtitle C--Independent Agencies Authorizations

SEC. 131. INTER-AMERICAN FOUNDATION.

    Section 401(s)(2) of the Foreign Assistance Act of 1969 (22 U.S.C. 
290f(s)(2)) is amended by striking ``There are authorized to be 
appropriated $28,000,000 for fiscal year 1992 and $31,000,000 for 
fiscal year 1993'' and inserting ``There is authorized to be 
appropriated $15,185,000 for fiscal year 2004''.

SEC. 132. AFRICAN DEVELOPMENT FOUNDATION.

    The first sentence of section 510 of the International Security and 
Development Cooperation Act of 1980 (22 U.S.C. 290h-8) is amended by 
striking ``$3,872,000 for fiscal year 1986 and $3,872,000 for fiscal 
year 1987'' and inserting ``$17,689,000 for fiscal year 2004''.

        Subtitle D--Multilateral Development Bank Authorizations

SEC. 141. CONTRIBUTION TO THE SEVENTH REPLENISHMENT OF THE ASIAN 
              DEVELOPMENT FUND.

    The Asian Development Bank Act (22 U.S.C. 285 et seq.) is amended 
by adding at the end the following new section:

``SEC. 31. SEVENTH REPLENISHMENT.

    ``(a) Authorization To Contribute.--The United States Governor of 
the Bank is authorized to contribute, on behalf of the United States, 
$412,000,000 to the seventh replenishment of the Asian Development 
Fund, a special fund of the Bank, except that any commitment to make 
the contribution authorized by this subsection shall be made subject to 
obtaining the necessary appropriations.
    ``(b) Authorization of Appropriations.--In order to pay for the 
United States contribution authorized by subsection (a), there is 
authorized to be appropriated without fiscal year limitation, 
$412,000,000 for payment by the Secretary of the Treasury.''.

SEC. 142. CONTRIBUTION TO THE THIRTEENTH REPLENISHMENT OF THE 
              INTERNATIONAL DEVELOPMENT ASSOCIATION.

    The International Development Association Act (22 U.S.C. 284 et 
seq.) is amended by adding at the end the following new section:

``SEC. 22. THIRTEENTH REPLENISHMENT.

    ``(a) Authorization To Contribute.--The United States Governor is 
authorized to contribute, on behalf of the United States, 
$2,850,000,000 to the thirteenth replenishment of the Association, 
except that any commitment to make the contribution authorized by this 
subsection shall be made subject to obtaining the necessary 
appropriations.
    ``(b) Authorization of Appropriations.--In order to pay for the 
United States contribution authorized by subsection (a), there is 
authorized to be appropriated without fiscal year limitation, 
$2,850,000,000 for payment by the Secretary of the Treasury.
    ``(c) Transparency.--
            ``(1) Policy.--It is the policy of the United States that 
        each multilateral development institution that has a United 
        States Executive Director should--
                    ``(A) not later than 60 days after the date on 
                which the minutes of a meeting of the Board of 
                Directors are approved, post the minutes on the website 
                of the multilateral development institution, with any 
                material deemed too sensitive for public dissemination 
                redacted;
                    ``(B) for a period of at least 10 years beginning 
                on the date of a meeting of a Board of Directors, keep 
                and preserve a written transcript or electronic 
                recording of such meeting;
                    ``(C) not later than the later of 15 days prior to 
                the date on which a Board of Directors will consider 
                for endorsement or approval any public sector loan 
                document, country assistance strategy, sector strategy, 
                or sector policy prepared by a multilateral development 
                institution or the date such documents are distributed 
                to the Board, make such documents available to the 
                public, with any material deemed too sensitive for 
                public dissemination redacted;
                    ``(D) make available on the website of the 
                multilateral development institution an annual report 
                that contains statistical summaries and case studies of 
                the fraud and corruption cases pursued by the 
                investigations unit of the multilateral development 
                institution; and
                    ``(E) require that any health, education, or 
                poverty-focused loan, credit, grant, document, policy 
                or strategy prepared by the multilateral development 
                institution include specific outcome and output 
                indicators to measure results, and that the results be 
                published periodically during the performance of the 
                project or program and at its completion.
            ``(2) Implementation.--The Secretary of the Treasury should 
        instruct each United States Executive Director at a 
        multilateral development institution--
                    ``(A) to inform the multilateral development 
                institution of the policy set out in subparagraphs (A) 
                through (E) of paragraph (1); and
                    ``(B) to work to implement the policy at the 
                multilateral development institution not later than the 
                scheduled conclusion of the thirteenth replenishment of 
                the International Development Association on June 30, 
                2005.
            ``(3) Briefing.--The Secretary of the Treasury should 
        brief, or send a representative of the Department of the 
        Treasury to brief, the appropriate congressional committees, at 
        the request of such committees, on the actions taken by each 
        United States Executive Director at a multilateral development 
        institution or by personnel of such institutions to implement 
        the policy set out in subparagraphs (A) through (E) of 
        paragraph (1).
            ``(4) Public dissemination by the secretary of the 
        treasury.--The Secretary of the Treasury should make available 
        on the website of the Department of the Treasury--
                    ``(A) not later than 60 days after the date of a 
                meeting of a Board of Directors, any written statement 
                presented by a United States Executive Director at such 
                meeting related to a project for which--
                            ``(i) a claim has been made to the 
                        multilateral development institution's 
                        inspection mechanism; or
                            ``(ii) Board of Directors decisions on 
                        inspection mechanism cases are being taken; and
                    ``(B) a record of all votes or abstentions made by 
                a United States Executive Director on matters before a 
                Board of Directors, on a monthly basis.
    ``(d) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committee on 
        Foreign Relations of the Senate and the Committee on Financial 
        Services of the House of Representatives.
            ``(2) Board of directors.--The term `Board of Directors' 
        means the Board of Directors of a multilateral development 
        institution.
            ``(3) Multilateral development institution.--The term 
        `multilateral development institution' has the meaning given 
        such term in section 1701(c)(3) of the International Financial 
        Institutions Act (22 U.S.C. 262r(c)(3)).''.

SEC. 143. CONTRIBUTION TO THE NINTH REPLENISHMENT OF THE AFRICAN 
              DEVELOPMENT FUND.

    The African Development Fund Act (22 U.S.C. 290g et seq.) is 
amended by adding at the end the following new section:

``SEC. 217. NINTH REPLENISHMENT.

    ``(a) Authorization To Contribute.--The United States Governor of 
the Fund is authorized to contribute, on behalf of the United States, 
$354,000,000 to the ninth replenishment of the Fund, except that any 
commitment to make the contribution authorized by this subsection shall 
be made subject to obtaining the necessary appropriations.
    ``(b) Authorization of Appropriations.--In order to pay for the 
United States contribution authorized by subsection (a), there is 
authorized to be appropriated, without fiscal year limitation, 
$354,000,000 for payment by the Secretary of the Treasury.''.

      Subtitle E--Authorization for Iraq Relief and Reconstruction

SEC. 151. AUTHORIZATION OF ASSISTANCE FOR RELIEF AND RECONSTRUCTION 
              EFFORTS.

    (a) Authorization.--The President is authorized to make available 
from the Iraq Relief and Reconstruction Fund established under the 
Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 
108-11), $2,475,000,000 for fiscal year 2003 for the purposes of 
providing humanitarian assistance in and around Iraq and carrying out 
the purposes of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.) with respect to the rehabilitation and reconstruction in Iraq.
    (b) Authorized Uses of Assistance.--Assistance made available under 
subsection (a) may include funds for costs related to--
            (1) infrastructure related to water and sanitation 
        services;
            (2) food and food distribution;
            (3) the support of relief efforts related to refugees, 
        internally displaced persons, and vulnerable individuals, 
        including assistance for families of innocent Iraqi civilians 
        who suffer losses as a result of military operations;
            (4) electricity;
            (5) health care;
            (6) telecommunications;
            (7) the development and implementation of economic and 
        financial policy;
            (8) education;
            (9) transportation;
            (10) reforms to strengthen the rule of law and introduce 
        and reinforce the principles and institutions of good 
        governance;
            (11) humanitarian demining; and
            (12) agriculture.
    (c) Reimbursement.--Funds made available under subsection (a) may 
be used to reimburse accounts administered by the Secretary of State, 
the Secretary of the Treasury, or the Administrator of the United 
States Agency for International Development for any amounts expended 
from each such account to provide humanitarian assistance in and around 
Iraq or for carrying out the purposes of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151 et seq.) with respect to the rehabilitation and 
reconstruction in Iraq prior to the date of the enactment of this Act 
if such amounts have not been reimbursed with funds from any other 
source.
    (d) Policy.--It is the policy of the United States to work toward 
the full and active participation of women in the reconstruction of 
Iraq by promoting the involvement of women in--
            (1) all levels of the government in Iraq and its decision-
        making institutions;
            (2) the planning and distribution of assistance, including 
        food aid; and
            (3) job promotion and training programs.

SEC. 152. REPORTING AND CONSULTATION.

    Any report required to be submitted to, and any consultation 
required to be engaged in with, the Committee on Appropriations of the 
Senate and the Committee on Appropriations of the House of 
Representatives under the Emergency Wartime Supplemental Appropriations 
Act, 2003 (Public Law 108-11) with respect to funds appropriated to 
carry out section 151 shall also be submitted to and engaged in with, 
respectively, the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of Representatives.

SEC. 153. SPECIAL ASSISTANCE AUTHORITY.

    (a) In General.--Except as provided in subsection (b), assistance 
and other financing under this or any other Act may be provided to Iraq 
notwithstanding any other provision of law.
    (b) Notification of Program Changes.--Section 634A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2394-1) shall apply to the assistance 
and other financing described in subsection (a), except that the 
notification required by subsection (a) of such section with respect to 
an obligation of funds shall be transmitted not later than 5 days in 
advance of the obligation.

SEC. 154. INAPPLICABILITY OF CERTAIN RESTRICTIONS.

    (a) Iraq Sanctions Act.--
            (1) Authority to suspend.--The President may suspend the 
        application of any provision of the Iraq Sanctions Act of 1990 
        (50 U.S.C. 1701 note).
            (2) Exception.--Nothing in this section shall otherwise 
        affect the applicability of the Iran-Iraq Arms Non-
        Proliferation Act of 1992 (50 U.S.C. 1701 note), except that 
        such Act shall not apply to humanitarian assistance and 
        supplies.
    (b) Inapplicability of Terrorist State Restrictions.--The President 
may make inapplicable with respect to Iraq section 620A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2371) and any other provisions of law 
that apply to countries that have provided support for terrorism.
    (c) Export of Nonlethal Military Equipment.--
            (1) Authority.--Notwithstanding any other provision of law 
        except section 36(c) of the Arms Export Control Act (22 U.S.C. 
        2776(c)), the President may authorize the export to Iraq of any 
        nonlethal military equipment designated on the United States 
        Munitions List and controlled under the International 
        Trafficking in Arms Regulations established pursuant to section 
        38 of the Arms Export Control Act (22 U.S.C. 2778), if, not 
        later than 5 days prior to such export, the President 
        determines and notifies the Committee on Appropriations and the 
        Committee on Foreign Relations of the Senate and the Committee 
        on Appropriations and the Committee on International Relations 
        of the House of Representatives that the export of such 
        nonlethal military equipment is in the national interest of the 
        United States.
            (2) Nonapplicability of limitation.--The determination and 
        notification requirement under paragraph (1) shall not apply to 
        military equipment designated by the Secretary of State for use 
by a reconstituted or interim Iraqi military or police force.
    (d) International Organization Activities With Respect to Iraq.--
            (1) International organizations and programs.--Section 307 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2227) shall 
        not apply with respect to international organization programs 
        for Iraq.
            (2) International financial institutions.--Provisions of 
        law that direct the United States Government to vote against or 
        oppose loans or other uses of funds from an international 
        financial institution, including for financial or technical 
        assistance, shall not apply in the case of Iraq.
    (e) Notification of Exercise of Authorities.--
            (1) Notification.--Except as provided in subsection (c)(2), 
        the President shall, not later than 5 days prior to exercising 
        any of the authorities under or referred to in this section, 
        submit a notification of such exercise of authority to the 
        Committee on Appropriations and the Committee on Foreign 
        Relations of the Senate and the Committee on Appropriations and 
        the Committee on International Relations of the House of 
        Representatives.
            (2) Reporting requirement.--Not later than June 15, 2003, 
        and every 90 days thereafter, the President shall submit to the 
        Committee on Appropriations and the Committee on Foreign 
        Relations of the Senate and the Committee on Appropriations and 
        the Committee on International Relations of the House of 
        Representatives a report containing a summary of all licenses 
        approved for the export to Iraq of any item on the Commerce 
        Control List contained in supplement 1 to part 774 of title 15, 
        Code of Federal Regulations, under the Export Administration 
        Regulations, including the identification of the end users of 
        such items.

SEC. 155. TERMINATION OF AUTHORITIES.

    The authorities contained in section 153 and in subsections (a), 
(b), and (c) of section 154 shall expire on the date that is 2 years 
after the date of the enactment of this Act.

     TITLE II--AMENDMENTS TO GENERAL FOREIGN ASSISTANCE AUTHORITIES

  Subtitle A--Foreign Assistance Act Amendments and Related Provisions

SEC. 201. DEVELOPMENT POLICY.

    Section 102(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151-1(b)) is amended--
            (1) in paragraph (5), by--
                    (A) striking ``development; and'' and inserting 
                ``development;''; and
                    (B) inserting before the period at the end the 
                following: ``; democracy and the rule of law; and 
                economic growth and the building of trade capacity''; 
                and
            (2) by adding at the end the following new paragraph:
            ``(18) The United States development assistance program 
        should take maximum advantage of the increased participation of 
        United States private foundations, business enterprises, and 
        private citizens in funding international development 
        activities. The program should utilize the development 
        experience and expertise of its personnel, its access to host-
        country officials, and its overseas presence to facilitate 
        public-private alliances and to leverage private sector 
        resources toward the achievement of development assistance 
        objectives.''.

SEC. 202. ASSISTANCE FOR NONGOVERNMENTAL ORGANIZATIONS.

    Section 123(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151u(e)) is amended to read as follows:
    ``(e)(1) Restrictions contained in this or any other Act with 
respect to assistance for a country shall not be construed to restrict 
assistance in support of programs of nongovernmental organizations 
from--
            ``(A) funds made available to carry out this chapter and 
        chapters 10, 11, and 12 of part I (22 U.S.C. 2293 et seq.) and 
        chapter 4 of part II (22 U.S.C. 2346 et seq.); or
            ``(B) funds made available for economic assistance 
        activities under the Support for East European Democracy (SEED) 
        Act of 1989 (22 U.S.C. 5401 et seq.).
    ``(2) The President shall submit to Congress, in accordance with 
section 634A (22 U.S.C. 2394-1), advance notice of an intent to 
obligate funds under the authority of this subsection to furnish 
assistance in support of programs of nongovernmental organizations.
    ``(3) Assistance may not be furnished through nongovernmental 
organizations to the central government of a country under the 
authority of this subsection, but assistance may be furnished to local, 
district, or subnational government entities under such authority.''.

SEC. 203. AUTHORITY FOR USE OF FUNDS FOR UNANTICIPATED CONTINGENCIES.

    Section 451(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2261(a)(1)) is amended--
            (1) by inserting ``or the Arms Export Control Act (22 
        U.S.C. 2751 et seq.)'' after ``chapter 1 of this part)''; and
            (2) by striking ``$25,000,000'' and inserting 
        ``$50,000,000''.

SEC. 204. AUTHORITY TO ACCEPT LETHAL EXCESS PROPERTY.

    Section 482(g) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2191a(g)) is amended--
            (1) by striking ``(g) Excess Property.--For'' and inserting 
        the following:
    ``(g) Excess Property.--
            ``(1) Authority.--For'';
            (2) by striking ``nonlethal'' and inserting ``(including 
        lethal or nonlethal property)''; and
            (3) by adding at the end the following new paragraph:
            ``(2) Notification.--Before obligating any funds to obtain 
        lethal excess property under paragraph (1), the Secretary shall 
        submit a notification of such action to Congress in accordance 
        with the procedures set forth in section 634A.''.

SEC. 205. RECONSTRUCTION ASSISTANCE UNDER INTERNATIONAL DISASTER 
              ASSISTANCE AUTHORITY.

    Section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) 
is amended--
            (1) in subsection (a), by striking ``assistance for the 
        relief and rehabilitation of'' and inserting ``relief, 
        rehabilitation, and reconstruction assistance for'';
            (2) in subsection (b), by striking ``relief and 
        rehabilitation'' and inserting ``relief, rehabilitation, and 
        reconstruction''; and
            (3) in subsection (c), by striking ``relief and 
        rehabilitation'' and inserting ``relief, rehabilitation, and 
        reconstruction assistance''.

SEC. 206. FUNDING AUTHORITIES FOR ASSISTANCE FOR THE INDEPENDENT STATES 
              OF THE FORMER SOVIET UNION.

    Chapter 11 of part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2295 et seq.) is amended--
            (1) in section 498B(j)(1) (22 U.S.C. 2295b(j)(1))--
                    (A) by striking ``authorized to be appropriated for 
                fiscal year 1993 by'' and inserting ``made available to 
                carry out''; and
                    (B) by striking ``appropriated for fiscal year 
                1993''; and
            (2) in section 498C(b)(1) (22 U.S.C. 2295c(b)(1)), by 
        striking ``under subsection (a)'' and inserting ``to carry out 
        this chapter''.

SEC. 207. WAIVER OF NET PROCEEDS RESULTING FROM DISPOSAL OF UNITED 
              STATES DEFENSE ARTICLES PROVIDED TO A FOREIGN COUNTRY ON 
              A GRANT BASIS.

    Section 505(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2314(f)) is amended by striking ``In the case of items which were 
delivered prior to 1985, the'' in the second sentence and inserting 
``The''.

SEC. 208. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN 
              THE WAR RESERVE STOCKPILES FOR ALLIES TO ISRAEL.

    (a) Transfers for Concessions.--
            (1) Authority.--Notwithstanding section 514 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2231h), the President may 
        transfer to Israel, in exchange for concessions to be 
        negotiated by the Secretary of Defense, with the concurrence of 
        the Secretary of State, any or all of the items described in 
        paragraph (2).
            (2) Covered items.--The items referred to in paragraph (1) 
        are armor, artillery, automatic weapons ammunition, missiles, 
        and other munitions that--
                    (A) are obsolete or surplus items;
                    (B) are in the inventory of the Department of 
                Defense;
                    (C) are intended for use as reserve stocks for 
                Israel; and
                    (D) as of the date of enactment of this Act, are 
                located in a stockpile in Israel.
    (b) Value of Concessions.--The value of concessions negotiated 
pursuant to subsection (a) shall be at least equal to the fair market 
value of the items transferred. The concessions may include cash 
compensation, services, waiver of charges otherwise payable by the 
United States, and other items of value.
    (c) Advance Notification of Transfers.--Not later than 30 days 
before making a transfer under the authority of this section, the 
President shall transmit a notification of the proposed transfer to the 
Committees on Foreign Relations and Armed Services of the Senate and 
the Committees on International Relations and Armed Services of the 
House of Representatives. The notification shall identify the items to 
be transferred and the concessions to be received.
    (d) Expiration of Authority.--No transfer may be made under the 
authority of this section more than 5 years after the date of the 
enactment of this Act.

SEC. 209. ADDITIONS TO WAR RESERVE STOCKPILES FOR ALLIES FOR FISCAL 
              YEAR 2004.

    Section 514(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321h(b)(2)) is amended--
            (1) in subparagraph (A), by striking ``for fiscal year 
        2003'' and inserting ``for each of fiscal years 2003 and 
        2004''; and
            (2) in subparagraph (B), by striking ``for fiscal year 
        2003'' and inserting ``for a fiscal year''.

SEC. 210. RESTRICTIONS ON ECONOMIC SUPPORT FUNDS FOR LEBANON.

    Section 1224 of the Foreign Relations Authorization Act, Fiscal 
Year 2003 (Public Law 107-228, 116 Stat. 1432; 22 U.S.C. 2346 note) is 
amended by adding at the end the following subsection:
    ``(c) Exception.--Subsection (a) does not apply to assistance made 
available to address the needs of southern Lebanon.''.

SEC. 211. ADMINISTRATION OF JUSTICE.

    Section 534 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346c) 
is amended--
            (1) in subsection (a), by striking ``in countries in Latin 
        America and the Caribbean'';
            (2) in subsection (b)(3)--
                    (A) in subparagraph (C), by striking ``and'';
                    (B) in subparagraph (D), by inserting ``and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(E) programs to enhance the protection of 
                participants in judicial cases;'';
            (3) by striking subsection (c);
            (4) in subsection (e), by striking the second and third 
        sentences; and
            (5) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively.

SEC. 212. DEMINING PROGRAMS.

    (a) Clarification of Authority.--Section 551 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2348) is amended--
            (1) in the second sentence, by striking ``Such assistance 
        may include reimbursements'' and inserting ``Such assistance 
        may include the following:
            ``(1) Reimbursements''; and
            (2) by adding at the end the following:
            ``(2) Demining activities, clearance of unexploded 
        ordnance, destruction of small arms, and related activities, 
        notwithstanding any other provision of law.''.
    (b) Disposal of Demining Equipment.--Notwithstanding any other 
provision of law, demining equipment available to the United States 
Agency for International Development and the Department of State and 
used in support of the clearance of landmines and unexploded ordnance 
for humanitarian purposes, may be disposed of on a grant basis in 
foreign countries, subject to such terms and conditions as the 
President determines appropriate.
    (c) Landmine Awareness Program for the Children of Afghanistan and 
Other Children at Risk in Areas of Conflict.--
            (1) Findings.--Congress makes the following findings:
                    (A) Most landmines in Afghanistan were laid between 
                1980 and 1992.
                    (B) Additional landmines were laid between 1992 and 
                1996, during the conflict between the Taliban and the 
                Northern Alliance.
                    (C) United States bombings against the Taliban in 
                2001 and 2002 further increased the unexploded 
                ordinance and cluster bombs throughout Afghanistan.
                    (D) The clearance of landmines is a slow and 
                expensive process.
                    (E) Certain types of landmines and other unexploded 
                ordinance are small, brightly colored, and attractive 
                to children.
                    (F) More than 150 Afghans, many of them children, 
                are injured every month by these weapons.
                    (G) In 2003, reconstituted Taliban forces have 
                sought out and attacked workers clearing landmines, in 
                an attempt to discredit the Government of President 
                Karzai and the United States military presence.
                    (H) In May 2003, after a string of Taliban attacks 
                in which mine removal workers were killed or seriously 
                injured, the United Nations suspended all mine-clearing 
                operations in much of southern Afghanistan.
                    (I) Effective landmine awareness programs targeted 
                to children could save lives in Afghanistan and in 
                other areas of conflict where unexploded ordinance are 
                a danger to the safety of children.
            (2) Authorization.--The President is authorized to furnish 
        assistance to fund innovative programs designed to educate 
        children in Afghanistan and other affected areas about the 
        dangers of landmines and other unexploded ordinances, 
        especially those proposed by organizations with extensive 
        background in children's educational programs.
            (3) Authorization of appropriations.--In addition to funds 
        otherwise authorized to be appropriated for demining and 
        related activities under the Foreign Assistance Act of 1961 (22 
        U.S.C. 2151 et seq.), there are authorized to be appropriated 
        for fiscal year 2004 such sums as may be necessary to carry out 
        the purposes of this subsection.

SEC. 213. SPECIAL WAIVER AUTHORITY.

    (a) Revision of Authority.--Section 614 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2364) is amended in subsection (a) by--
            (1) striking paragraphs (1) and (2) and inserting the 
        following new paragraph:
    ``(1) The President may authorize any assistance, sale, or other 
action under this Act, the Arms Export Control Act (22 U.S.C. 2751 et 
seq.), or any other law that authorizes the furnishing of foreign 
assistance or the appropriation of funds for foreign assistance, 
without regard to any of the provisions described in subsection (b) if 
the President determines, and notifies the Committees on Foreign 
Relations and Appropriations of the Senate and the Committees on 
International Relations and Appropriations of the House of 
Representatives in writing--
            ``(A) with respect to assistance or other actions under 
        chapter 2 or 5 of part II of this Act, or sales or other 
        actions under the Arms Export Control Act (22 U.S.C. 2751 et 
        seq.), that to do so is vital to the national security 
        interests of the United States; and
            ``(B) with respect to other assistance or actions, that to 
        do so is important to the security interests of the United 
        States.''; and
            (2) redesignating paragraphs (3), (4), and (5) as 
        paragraphs (2), (3), and (4), respectively.
    (b) Increased Limitation on Single Country Allocation.--Subsection 
(a)(3)(C) of such section, as redesignated, is amended by striking 
``$50,000,000'' and inserting ``$75,000,000''.
    (c) Repeal of Provisions Relating to Germany and a Certification 
Requirement.--Section 614 of such Act is further amended by striking 
subsections (b) and (c).
    (d) Inapplicable or Waivable Laws.--Such section, as amended by 
subsection (c), is further amended by adding at the end the following:
    ``(b) Inapplicable or Waivable Laws.--The provisions referred to in 
paragraphs (1) and (2) of subsection (a) are those set forth in any of 
the following:
            ``(1) Any provision of this Act.
            ``(2) Any provision of the Arms Export Control Act (22 
        U.S.C. 2751 et seq.).
            ``(3) Any provision of law that authorizes the furnishing 
        of foreign assistance or appropriates funds for foreign 
        assistance.
            ``(4) Any other provision of law that restricts assistance, 
        sales or leases, or other action under a provision of law 
        referred to in paragraph (1), (2), or (3).
            ``(5) Any provision of law that relates to receipts and 
        credits accruing to the United States.''.

SEC. 214. PROHIBITION OF ASSISTANCE FOR COUNTRIES IN DEFAULT.

    (a) Clarification of Prohibited Recipients.--Section 620(q) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2370(q)) is amended--
            (1) by striking ``any country'' and inserting ``the 
        government of any country''; and
            (2) by striking ``such country'' each place it appears and 
        inserting ``such government''.
    (b) Period of Prohibition.--Such section 620(q) is further amended 
by striking ``six calendar months'' and inserting ``one year''.

SEC. 215. MILITARY COUPS.

    Section 620 of the Foreign Assistance Act of 1961 (22 U.S.C. 2370) 
is amended by inserting after subsection (l) the following new 
subsection (m):
    ``(m)(1) No assistance may be furnished under this Act or the Arms 
Export Control Act (22 U.S.C. 2751 et seq.) for the government of a 
country if the duly elected head of government for such country is 
deposed by decree or military coup. The prohibition in the preceding 
sentence shall cease to apply to a country if the President determines 
and certifies to the Committee on Foreign Relations of the Senate and 
the Committee on International Relations of the House of 
Representatives that after the termination of assistance a 
democratically elected government for such country has taken office.
    ``(2) Paragraph (1) does not apply to assistance to promote 
democratic elections or public participation in democratic processes.
    ``(3) The President may waive the application of paragraph (1), and 
any comparable provision of law, to a country upon determining that it 
is important to the national security interest of the United States to 
do so.''.

SEC. 216. DESIGNATION OF POSITION FOR WHICH APPOINTEE IS NOMINATED.

    Section 624 of the Foreign Assistance Act of 1961 (22 U.S.C. 2584) 
is amended by inserting after subsection (c) the following new 
subsection (d):
    ``(d) Nomination of Officers.--Whenever the President submits to 
the Senate a nomination of an individual for appointment to a position 
authorized under subsection (a), the President shall designate the 
particular position in the agency for which the individual is 
nominated.''.

SEC. 217. EXCEPTIONS TO REQUIREMENT FOR CONGRESSIONAL NOTIFICATION OF 
              PROGRAM CHANGES.

    Section 634A(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2394-1(b)) is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(3) of funds if the advance notification would pose a 
        substantial risk to human health or welfare, but such 
        notification shall be provided to the committees of Congress 
        named in subsection (a) not later than 3 days after the action 
        is taken; or
            ``(4) of funds made available under section 23 of the Arms 
        Export Control Act (22 U.S.C. 2763) for the provision of major 
        defense equipment (other than conventional ammunition), 
        aircraft, ships, missiles, or combat vehicles in quantities not 
        in excess of 20 percent of the quantities previously justified 
        under section 25 of such Act (22 U.S.C. 2765).''.

SEC. 218. COMMITMENTS FOR EXPENDITURES OF FUNDS.

    Section 635(h) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2395(h)) is amended by striking ``available'' and all that follows 
through ``may,'' and inserting ``made available under this Act may,''.

SEC. 219. ALTERNATIVE DISPUTE RESOLUTION.

    Section 635(i) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2395(i)) is amended to read as follows:
    ``(i) Notwithstanding any other provision of law, claims arising as 
a result of operations under this Act may be settled (including by use 
of alternative dispute resolution procedures) or arbitrated with the 
consent of the parties. Payment made pursuant to any such settlement or 
arbitration shall be final and conclusive.''.

SEC. 220. ADMINISTRATIVE AUTHORITIES.

    Section 636 of the Foreign Assistance Act of 1961 (22 U.S.C. 2396) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by--
                            (i) striking ``abroad''; and
                            (ii) striking ``Civil Service Commission'' 
                        and inserting ``Office of Personnel 
                        Management'';
                    (B) by striking paragraph (5) and inserting the 
                following:
            ``(5) purchase and hire of passenger motor vehicles;''; and
                    (C) in paragraph (10), by striking ``for not to 
                exceed ten years'';
            (2) in subsection (c), by striking ``not to exceed 
        $6,000,000 of the''; and
            (3) in subsection (d), by striking ``Not to exceed 
        $2,500,000 of funds'' and inserting ``Funds''.

SEC. 221. ASSISTANCE FOR LAW ENFORCEMENT FORCES.

    Section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420) 
is amended--
            (1) in subsection (b)--
                    (A) in paragraph (6), by striking ``and the 
                provision of professional'' and all that follows 
                through ``democracy'' and inserting ``including any 
                regional, district, municipal, or other subnational 
                entity emerging from instability'';
                    (B) by striking the period at the end of paragraph 
                (7) and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(8) with respect to assistance to combat corruption in 
        furtherance of the objectives for which programs are authorized 
        to be established under section 133 of this Act (22 U.S.C. 
        2152c);
            ``(9) with respect to the provision of professional public 
        safety training, including training in internationally 
        recognized standards of human rights, the rule of law, and the 
        promotion of civilian police roles that support democracy; and
            ``(10) with respect to assistance to combat trafficking in 
        persons.'';
            (2) by striking subsection (d) and inserting the following:
    ``(d) Subsection (a) does not apply to assistance for law 
enforcement forces for which the Secretary, on a case-by-case basis, 
determines that it is important to the national interest of the United 
States to furnish such assistance and submits to the committees of the 
Congress referred to in subsection (a) of section 634A of this Act (22 
U.S.C. 2394-1) an advance notification of the obligation of funds for 
such assistance in accordance with such section 634A.''.

SEC. 222. SPECIAL DEBT RELIEF FOR THE POOREST.

    The Foreign Assistance Act of 1961 is amended by adding at the end 
the following:

             ``PART VI--SPECIAL DEBT RELIEF FOR THE POOREST

``SEC. 901. SPECIAL DEBT RELIEF FOR THE POOREST.

    ``(a) Authority.--Subject to subsections (b) and (c), 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 any of the 
following transactions:
            ``(1) Concessional loans extended under part I of this Act, 
        or chapter 4 of part II of this Act, or antecedent foreign 
        economic assistance laws.
            ``(2) Guarantees issued under sections 221 and 222 of this 
        Act.
            ``(3) Credits extended or guarantees issued under the Arms 
        Export Control Act (22 U.S.C. 2751 et seq.).
            ``(4) 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--
                    ``(A) section 5(f) of the Commodity Credit 
                Corporation Charter Act (15 U.S.C. 714c(f));
                    ``(B) section 201(b) of the Agricultural Trade Act 
                of 1978 (7 U.S.C. 5621(b)); or
                    ``(C) section 202 of the Agricultural Trade Act of 
                1978 (7 U.S.C. 5622).
    ``(b) General Limitations.--
            ``(1) Exclusive conditions.--The authority provided in 
        subsection (a) may be exercised--
                    ``(A) only to implement multilateral official debt 
                relief and referendum agreements, commonly referred to 
                as `Paris Club Agreed Minutes';
                    ``(B) only in such amounts or to such extent as is 
                provided in advance in appropriations Acts; and
                    ``(C) only with respect to countries with heavy 
                debt burdens that--
                            ``(i) 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; and
                            ``(ii) are not determined ineligible under 
                        subsection (c).
            ``(2) Advance notification of congress.--The authority 
        provided by subsection (a) shall be subject to the requirements 
        of section 634A of this Act (22 U.S.C. 2394-1).
    ``(c) Eligibility Limitations.--The authority provided by 
subsection (a) may be exercised only with respect to a country the 
government of which, as determined by the President--
            ``(1) does not make 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;
            ``(4) does not engage, through its military or security 
        forces or by other means, in a consistent pattern of gross 
        violations of internationally recognized human rights; and
            ``(5) is not ineligible for assistance under section 527 of 
        the Foreign Relations Authorization Act, Fiscal Years 1994 and 
        1995 (22 U.S.C. 2370a).
    ``(d) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) may not be considered assistance for 
purposes of any provision of law limiting assistance to a country. The 
authority provided in subsection (a) may be exercised notwithstanding 
section 620(r) of this Act (22 U.S.C. 2370(r)) or section 321 of the 
International Development and Food Assistance Act of 1975 (22 U.S.C. 
2220a note).''.

SEC. 223. CONGO BASIN FOREST PARTNERSHIP.

    (a) Findings.--Congress makes the following findings:
            (1) Deforestation and environmental degradation in the 
        Congo Basin in central Africa pose a major threat to the 
        wellbeing and livelihood of the African people and to the world 
        at large.
            (2) It is in the national interest of the United States to 
        assist the countries of the Congo Basin to reduce the rate of 
        forest degradation and loss of biodiversity.
            (3) The Congo Basin Forest Partnership, an initiative 
        involving the Central Africa Regional Program for the 
        Environment of the United States Agency for International 
        Development, and also the Department of State, the United 
        States Fish and Wildlife Service, the National Park Service, 
        the National Forest Service, and National Aeronautics and Space 
        Administration, was established to address in a variety of ways 
        the environmental conditions in the Congo Basin.
            (4) In partnership with nongovernmental environmental 
        groups, the Congo Basin Forest Partnership will foster improved 
        conservation and management of natural resources through 
        programs at the local, national, and regional levels to help 
reverse the environmental degradation of the Congo Basin.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Congo Basin Forest Partnership program represents a 
        significant effort at addressing the complex environmental and 
        development challenges in the Congo Basin; and
            (2) the President should make available for fiscal year 
        2004 at least the total level of assistance that the President 
        requested for such fiscal year for all agencies participating 
        in the Congo Basin Forest Partnership program for fiscal year 
        2004.

SEC. 224. LANDMINE CLEARANCE PROGRAMS.

    The Secretary is authorized to support cooperative arrangements 
commonly known as public-private partnerships for landmine clearance 
programs by grant or cooperative agreement.

SEC. 225. MIDDLE EAST FOUNDATION.

    (a) Purposes.--The purposes of this section are to support, through 
the provision of grants, technical assistance, training, and other 
programs, in the countries of the Middle East, the expansion of--
            (1) civil society;
            (2) opportunities for political participation for all 
        citizens;
            (3) protections for internationally recognized human 
        rights, including the rights of women;
            (4) educational system reforms;
            (5) independent media;
            (6) policies that promote economic opportunities for 
        citizens;
            (7) the rule of law; and
            (8) democratic processes of government.
    (b) Middle East Foundation.--
            (1) Designation.--The Secretary of State is authorized to 
        designate an appropriate private, nonprofit organization that 
        is organized or incorporated under the laws of the United 
        States or of a State as the Middle East Foundation (referred to 
        in this section as the ``Foundation'').
            (2) Funding.--The Secretary of State is authorized to 
        provide funding to the Foundation through the Middle East 
        Partnership Initiative of the Department of State. The 
        Foundation shall use amounts provided under this paragraph to 
        carry out the purposes of this section, including through 
        making grants and providing other assistance to entities to 
        carry out programs for such purposes.
            (3) Notification to congressional committees.--The 
        Secretary shall notify the Committee on Foreign Relations of 
        the Senate and the Committee on International Relations of the 
        House of Representatives before designating an appropriate 
        organization as the Foundation.
    (c) Grants for Projects.--
            (1) Foundation to make grants.--The Secretary of State 
        shall enter into an agreement with the Foundation that requires 
        the Foundation to use the funds provided under subsection 
        (b)(2) to make grants to persons (other than governments or 
        government entities) located in the Middle East or working with 
        local partners based in the Middle East to carry out projects 
        that support the purposes specified in subsection (a).
            (2) Center for public policy.--Under the agreement 
        described in paragraph (1), the Foundation may make a grant to 
        an institution of higher education located in the Middle East 
        to create a center for public policy for the purpose of 
        permitting scholars and professionals from the countries of the 
        Middle East and from other countries, including the United 
        States, to carry out research, training programs, and other 
        activities to inform public policymaking in the Middle East and 
        to promote broad economic, social, and political reform for the 
        people of the Middle East.
            (3) Applications for grants.--An entity seeking a grant 
        from the Foundation under this section shall submit an 
        application to the head of the Foundation at such time, in such 
        manner, and including such information as the head of the 
        Foundation may reasonably require.
    (d) Private Character of the Foundation.--Nothing in this section 
shall be construed to--
            (1) make the Foundation an agency or establishment of the 
        United States Government, or to make the officers or employees 
        of the Foundation officers or employees of the United States 
        for purposes of title 5, United States Code; or
            (2) to impose any restriction on the Foundation's 
        acceptance of funds from private and public sources in support 
        of its activities consistent with the purposes of this section.
    (e) Limitation on Payments to Foundation Personnel.--No part of the 
funds provided to the Foundation under this section shall inure to the 
benefit of any officer or employee of the Foundation, except as salary 
or reasonable compensation for services.
    (f) Retention of Interest.--The Foundation may hold funds provided 
under this section in interest-bearing accounts prior to the 
disbursement of such funds to carry out the purposes of this section, 
and may retain for use for such purposes any interest earned without 
returning such interest to the Treasury of the United States and 
without further appropriation by Congress.
    (g) Financial Accountability.--
            (1) Independent private audits of the foundation.--The 
        accounts of the Foundation shall be audited annually in 
        accordance with generally accepted auditing standards by 
        independent certified public accountants or independent 
        licensed public accountants certified or licensed by a 
        regulatory authority of a State or other political subdivision 
        of the United States. The report of the independent audit shall 
        be included in the annual report required by subsection (h).
            (2) GAO audits.--The financial transactions undertaken 
        pursuant to this section by the Foundation may be audited by 
        the General Accounting Office in accordance with such 
        principles and procedures and under such rules and regulations 
        as may be prescribed by the Comptroller General of the United 
        States.
            (3) Audits of grant recipients.--
                    (A) In general.--A recipient of a grant from the 
                Foundation shall agree to permit an audit of the books 
                and records of such recipient related to the use of the 
                grant funds.
                    (B) Recordkeeping.--Such recipient shall maintain 
                appropriate books and records to facilitate an audit 
                referred to subparagraph (A), including--
                            (i) separate accounts with respect to the 
                        grant funds;
                            (ii) records that fully disclose the use of 
                        the grant funds;
                            (iii) records describing the total cost of 
                        any project carried out using grant funds; and
                            (iv) the amount and nature of any funds 
                        received from other sources that were combined 
                        with the grant funds to carry out a project.
    (h) Annual Reports.--Not later than January 31, 2005, and annually 
thereafter, the Foundation shall submit to Congress and make available 
to the public an annual report that includes, for the fiscal year prior 
to the fiscal year in which the report is submitted, a comprehensive 
and detailed description of--
            (1) the operations and activities of the Foundation that 
        were carried out using funds provided under this section;
            (2) grants made by the Foundation to other entities with 
        funds provided under this section;
            (3) other activities of the Foundation to further the 
        purposes of this section; and
            (4) the financial condition of the Foundation.

 Subtitle B--Arms Export Control Act Amendments and Related Provisions

SEC. 231. THRESHOLDS FOR ADVANCE NOTICE TO CONGRESS OF SALES OR 
              UPGRADES OF DEFENSE ARTICLES, DESIGN AND CONSTRUCTION 
              SERVICES, AND MAJOR DEFENSE EQUIPMENT.

    (a) Letters of Offer To Sell.--Subsection (b) of section 36 of the 
Arms Export Control Act (22 U.S.C. 2776) is amended--
            (1) in the first sentence of paragraph (1)--
                    (A) by striking ``Subject to paragraph (6), in'' 
                and inserting ``In'';
                    (B) by striking ``$50,000,000'' and inserting 
                ``$100,000,000'';
                    (C) by striking ``services for $200,000,000'' and 
                inserting ``services for $350,000,000'';
                    (D) by striking ``$14,000,000'' and inserting 
                ``$50,000,000''; and
                    (E) by inserting ``and in other cases if the 
                President determines it is appropriate,'' before 
                ``before such letter'';
            (2) in the first sentence of paragraph (5)(C)--
                    (A) by striking ``Subject to paragraph (6), if'' 
                and inserting ``If'';
                    (B) by striking ``$14,000,000'' and inserting 
                ``$50,000,000'';
                    (C) by striking ``$50,000,000'' and inserting 
                ``$100,000,000'';
                    (D) by striking ``or $200,000,000'' and inserting 
                ``or $350,000,000''; and
                    (E) by inserting ``and in other cases if the 
                President determines it is appropriate,'' before ``then 
                the President''; and
            (3) by striking paragraph (6).
    (b) Export Licenses.--Subsection (c) of section 36 of the Arms 
Export Control Act (22 U.S.C. 2776) is amended--
            (1) in the first sentence of paragraph (1)--
                    (A) by striking ``Subject to paragraph (5), in'' 
                and inserting ``In'';
                    (B) by striking ``$14,000,000'' and inserting 
                ``$50,000,000'';
                    (C) by striking ``$50,000,000'' and inserting 
                ``$100,000,000''; and
                    (D) by inserting ``and in other cases if the 
                President determines it is appropriate,'' before 
                ``before issuing such'';
            (2) in the last sentence of paragraph (2), by striking 
        ``(A) and (B)'' and inserting ``(A), (B), and (C)''; and
            (3) by striking paragraph (5).
    (c) Presidential Consent.--Section 3(d) of the Arms Export Control 
Act (22 U.S.C. 2753(d)) is amended--
            (1) in paragraphs (1) and (3)(A)--
                    (A) by striking ``Subject to paragraph (5), the'' 
                and inserting ``The'';
                    (B) by striking ``$14,000,000'' and inserting 
                ``$50,000,000''; and
                    (C) by striking ``$50,000,000'' and inserting 
                ``$100,000,000''; and
            (2) by striking paragraph (5).

SEC. 232. CLARIFICATION OF REQUIREMENT FOR ADVANCE NOTICE TO CONGRESS 
              OF COMPREHENSIVE EXPORT AUTHORIZATIONS.

    Subsection (d) of section 36 of the Arms Export Control Act (22 
U.S.C. 2776) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``(A)'' after ``(1)'';
                    (B) by striking ``this subsection'' and inserting 
                ``this subparagraph''; and
                    (C) by adding at the end the following new 
                subparagraph:
    ``(B) Notwithstanding section 27(g), in the case of a comprehensive 
authorization described in section 126.14 of title 22, Code of Federal 
Regulations (or any corresponding similar regulation) for the proposed 
export of defense articles or defense services in an amount that 
exceeds a limitation set forth in subsection (c)(1), before the 
comprehensive authorization is approved or the addition of a foreign 
government or other foreign partner to the comprehensive authorization 
is approved, the President shall submit a certification with respect to 
the comprehensive authorization in a manner similar to the 
certification required under subsection (c)(1) of this section and 
containing comparable information, except that the last sentence of 
such subsection shall not apply to certifications submitted pursuant to 
this subparagraph.''; and
            (2) in paragraph (4), by striking ``Approval for an 
        agreement subject to paragraph (1) may not be given under 
        section 38'' and inserting ``Approval for an agreement subject 
        to paragraph (1)(A), or for a comprehensive authorization 
        subject to paragraph (1)(B), may not be given under section 38 
        or section 126.14 of title 22, Code of Federal Regulations (or 
        any corresponding similar regulation), as the case may be,''.

SEC. 233. EXCEPTION TO BILATERAL AGREEMENT REQUIREMENTS FOR TRANSFERS 
              OF DEFENSE ITEMS WITHIN AUSTRALIA.

    (a) Exception on Transfers Within Australia.--Subsection (j) of 
section 38 of the Arms Export Control Act (22 U.S.C. 2778(j)) is 
amended by adding at the end the following new paragraph:
            ``(5) Exception from bilateral agreement requirements.--The 
        requirements for a bilateral agreement described in paragraph 
        (2)(A) of this subsection shall not apply to such an agreement 
        between the United States Government and the Government of 
        Australia with respect to transfers within Australia of defense 
        items that will remain subject to the licensing requirements of 
        this Act after the agreement enters into force.''.
    (b) Conforming Amendments.--Paragraph (2) of such subsection (22 
U.S.C. 2778(j)(2)) is amended in the material preceding subparagraph 
(A) by striking ``A bilateral agreement'' and inserting ``Except as 
provided in paragraph 5, a bilateral agreement''.

SEC. 234. AUTHORITY TO PROVIDE CATALOGING DATA AND SERVICES TO NON-NATO 
              COUNTRIES.

    Section 21(h)(2) of the Arms Export Control Act (22 U.S.C. 
2761(h)(2)) is amended by striking ``to the North Atlantic Treaty 
Organization or to any member government of that Organization if that 
Organization or member government'' and inserting ``to the North 
Atlantic Treaty Organization, to any member government of that 
Organization, or to the government of any other country if that 
Organization, member government, or other government''.

SEC. 235. FREEDOM SUPPORT ACT PERMANENT WAIVER AUTHORITY.

    (a) Authority To Waive Restrictions and Eligibility Requirements.--
If the President submits the certification and report described in 
subsection (b) with respect to an independent state of the former 
Soviet Union for a fiscal year, funds may be obligated and expended 
during that fiscal year under sections 503 and 504 of the FREEDOM 
Support Act (22 U.S.C. 5852) for assistance or other programs and 
activities for that state even if that state has not met one or more of 
the requirements for eligibility under paragraphs (1) through (4) of 
that section.
    (b) Certification and Report.--
            (1) In general.--The certification and report referred to 
        in subsection (a) are a written certification submitted by the 
        President to Congress that the waiver of the restriction under 
        such section 502 and the requirements in that section during 
        the fiscal year covered by such certification is important to 
        the national security interests of the United States, together 
        with a report containing the following:
                    (A) A description of the activity or activities 
                that prevent the President from certifying that the 
                state is committed to the matters set forth in the 
                provisions of law specified in subsection (a) in such 
                fiscal year.
                    (B) An explanation of why the waiver is important 
                to the national security interests of the United 
                States.
                    (C) A description of the strategy, plan, or policy 
                of the President for promoting the commitment of the 
                state to, and compliance by the state with, such 
                matters, notwithstanding the waiver.
            (2) Form of report.--A report under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.

SEC. 236. EXTENSION OF PAKISTAN WAIVERS.

    The Act entitled ``An Act to authorize the President to exercise 
waivers of foreign assistance restrictions with respect to Pakistan 
through September 30, 2003, and for other purposes'', approved October 
27, 2001 (Public Law 107-57; 115 Stat. 403), is amended--
            (1) in section 1(a)--
                    (A) by striking ``2002'' in the heading and 
                inserting ``2004''; and
                    (B) by striking ``2002'' in paragraph (1) and 
                inserting ``2004'';
            (2) in paragraph (2) of section 3, by striking ``Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Acts, 2002, as is'' and inserting ``annual 
        foreign operations, export financing, and related programs 
        appropriations Acts for fiscal years 2002, 2003, and 2004, as 
        are''; and
            (3) in section 6, by striking ``October 1, 2003'' and 
        inserting ``October 1, 2004''.

SEC. 237. CONSOLIDATION OF REPORTS ON NONPROLIFERATION IN SOUTH ASIA.

    Section 1601(c) of the Foreign Relations Authorization Act, Fiscal 
Year 2003 is amended to read as follows:
    ``(c) Report.--The report required to be submitted to Congress not 
later than April 1, 2004 pursuant to section 620F(c) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2376(c)) shall include a description 
of the efforts of the United States Government to achieve the 
objectives described in subsections (a) and (b), the progress made 
toward achieving such objectives, and the likelihood that such 
objectives will be achieved by September 30, 2004.''.

SEC. 238. HAITIAN COAST GUARD.

    The Government of Haiti shall be eligible to purchase defense 
articles and services for the Haitian Coast Guard under the Arms Export 
Control Act (22 U.S.C. 2751 et seq.), subject to the prior notification 
requirements under section 634A of the Foreign Assistance Act of 1961 
(22 U.S.C. 2394-1).

SEC. 239. SENSE OF CONGRESS RELATING TO EXPORTS OF DEFENSE ITEMS TO THE 
              UNITED KINGDOM.

    (a) Findings.--Congress makes the following findings:
            (1) The continued cooperation between the United States and 
        the United Kingdom is critical to the national security and 
        economic stability of the United States and the world.
            (2) The United Kingdom has demonstrated a commitment to 
        implementing and maintaining an effective export control system 
        that prohibits countries designated as supporting international 
        terrorism and other rogue states from securing items and 
        technology that threaten the national security of the United 
        States.
            (3) The United States and the United Kingdom have been 
        strategic partners with respect to the efforts of the United 
        Nations Security Council Counter-Terrorism Committee to 
        eradicate terrorism and the financing of terrorist activities.
            (4) The war in Iraq demonstrated the close cooperation that 
        exists between the United States and the United Kingdom with 
        respect to military and defense operations.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States Government and the Government of the 
        United Kingdom should finalize a bilateral agreement with 
        respect to an exemption for certain qualified United States-
        origin defense items from the licensing requirements under the 
        International Traffic in Arms Regulations (ITAR); and
            (2) following the completion of the bilateral agreement, 
        the United States should approve an exception, as appropriate, 
        relating to the bilateral agreement with the United Kingdom 
        from the requirements described in section 38(j) of the Arms 
        Export Control Act (22 U.S.C. 2778(j)).

SEC. 240. MARKETING INFORMATION FOR COMMERCIAL COMMUNICATIONS 
              SATELLITES.

    (a) In General.--A license shall not be required under section 38 
of the Arms Export Control Act (22 U.S.C. 2778) for the transfer of 
marketing information for the purpose of providing information directly 
related to the sale of commercial communications satellites and related 
parts to a member country of the North Atlantic Treaty Organization 
(NATO) and Australia, Japan, and New Zealand.
    (b) Marketing Information.--In this section, the term ``marketing 
information'' means data that a seller must provide to a potential 
customer (including a foreign end-user) that will enable the customer 
to make a purchase decision to award a contract for goods or services, 
including system description, functional information, price and 
schedule information, information required for installation, operation, 
maintenance, and repair, and includes that level of data necessary to 
ensure safe use of the product, but does not include sensitive 
encryption and source code data, detailed design data, engineering 
analysis, or manufacturing know-how.
    (c) Exception.--Nothing in this section shall exempt commercial 
communications satellites from any licensing requirement under section 
38 of the Arms Export Control Act (22 U.S.C. 2778) for defense items 
and defense services, except as described in subsection (a).

           TITLE III--RADIOLOGICAL TERRORISM THREAT REDUCTION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Radiological Terrorism Threat 
Reduction Act of 2003''.

SEC. 302. FINDINGS.

    Congress makes the following findings:
            (1) It is feasible for terrorists to obtain and disseminate 
        radioactive material by using a radiological dispersion device 
        (RDD) or by emplacing discrete radioactive sources in major 
        public places.
            (2) An attack by terrorists using radiological material 
        could cause catastrophic economic and social damage, although 
        it might kill few, if any, Americans.
            (3) The first line of defense against radiological 
        terrorism is preventing the acquisition of radioactive material 
        by terrorists.

SEC. 303. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives.
            (2) Byproduct material.--The term ``byproduct material'' 
        has the meaning given the term in section 11 e. of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2014(e)).
            (3) IAEA.--The term ``IAEA'' means the International Atomic 
        Energy Agency.
            (4) Independent states of the former soviet union.--The 
        term ``independent states of the former Soviet Union'' has the 
        meaning given the term in section 3 of the FREEDOM Support Act 
        (22 U.S.C. 5801).
            (5) Radioactive material.--The term ``radioactive 
        material'' means--
                    (A) source material and special nuclear material, 
                but does not include natural or depleted uranium;
                    (B) nuclear byproduct material;
                    (C) material made radioactive by bombardment in an 
                accelerator; and
                    (D) all refined isotopes of radium.
            (6) Radioactive source.--The term ``radioactive source'' 
        means radioactive material that is permanently sealed in a 
        capsule or closely bonded and includes any radioactive material 
        released if the source is leaking or stolen, but does not 
        include any material within the nuclear fuel cycle of a 
        research or power reactor.
            (7) Radioisotope thermal generator.--The term 
        ``radioisotope thermal generator'' means an electrical 
        generator which derives its power from the heat produced by the 
        decay of a radioactive source by the emission of alpha, beta, 
        or gamma radiation. The term does not include nuclear reactors 
        deriving their energy from the fission or fusion of atomic 
        nuclei.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (9) Source material.--The term ``source material'' has the 
        meaning given the term in section 11 z. of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2014(z)).
            (10) Special nuclear material.--The term ``special nuclear 
        material'' has the meaning given the term in section 11 aa. of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).

SEC. 304. INTERNATIONAL STORAGE FACILITIES FOR RADIOACTIVE SOURCES.

    (a) Agreements on Temporary Secure Storage.--The Secretary is 
authorized to propose that the IAEA conclude agreements with up to 8 
countries under which agreement each country would provide temporary 
secure storage for orphaned, unused, surplus, or other radioactive 
sources (other than special nuclear material, nuclear fuel, or spent 
nuclear fuel). Such agreements shall be consistent with the IAEA Code 
of Conduct on the Safety and Security of Radioactive Sources, and shall 
address the need for storage of such radioactive sources in countries 
or regions of the world where convenient access to secure storage of 
such radioactive sources does not exist.
    (b) Voluntary Contributions to IAEA Authorized.--
            (1) In general.--The Secretary is authorized to make 
        voluntary contributions to the IAEA for use by the Department 
        of Nuclear Safety of the IAEA to fund the United States share 
        of the costs of activities associated with or under agreements 
        under subsection (a).
            (2) United states share in fiscal year 2004.--The United 
        States share of the costs of activities under agreements under 
        subsection (a) in fiscal year 2004 may be 100 percent of the 
        costs of such activities in that fiscal year.
    (c) Technical Assistance.--The Secretary is authorized to provide 
the IAEA and other countries with technical assistance to carry out 
activities under agreements under subsection (a) in a manner that meets 
the standards of the IAEA Code of Conduct on the Safety and Security of 
Radioactive Sources.
    (d) Applicability of Environmental Laws.--
            (1) Inapplicability of nepa to facilities outside united 
        states.--The National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) shall not apply with respect to any 
        temporary secure storage facility constructed outside the 
        United States under an agreement under subsection (a).
            (2) Applicability of foreign environmental laws.--The 
        construction and operation of a facility described in paragraph 
        (1) shall be governed by any applicable environmental laws of 
        the country in which the facility is constructed.
    (e) Authorization of Appropriations.--
            (1) In general.--Of the amounts authorized to be 
        appropriated under this Act for Nonproliferation, Anti-
        terrorism, Demining, and Related Programs, there is authorized 
        to be appropriated to the President for fiscal year 2004, 
        $4,000,000 to carry out this section.
            (2) Availability.--Amounts authorized to be appropriated by 
        paragraph (1) are authorized to remain available until 
        expended.

SEC. 305. DISCOVERY, INVENTORY, AND RECOVERY OF RADIOACTIVE SOURCES.

    (a) Authority.--The Secretary is authorized to provide assistance, 
including through voluntary contributions to the IAEA under subsection 
(b), to support a program of the Division of Radiation and Waste Safety 
of the Department of Nuclear Safety of the IAEA to promote the 
discovery, inventory, and recovery of radioactive sources in member 
nations of the IAEA.
    (b) Voluntary Contributions to IAEA Authorized.--The Secretary is 
authorized to make voluntary contributions to the IAEA to fund the 
United States share of the program described in subsection (a).
    (c) Technical Assistance.--The Secretary is authorized to provide 
the IAEA and other countries with technical assistance to carry out the 
program described in subsection (a).
    (d) Authorization of Appropriations.--
            (1) In general.--Of the amounts authorized to be 
        appropriated under this Act for Nonproliferation, Anti-
        terrorism, Demining, and Related Programs, there is authorized 
        to be appropriated to the President for fiscal year 2004, 
        $4,000,000 to carry out this section.
            (2) Availability.--Amounts authorized to be appropriated by 
        paragraph (1) are authorized to remain available until 
        expended.

SEC. 306. RADIOISOTOPE THERMAL GENERATOR POWER UNITS IN THE INDEPENDENT 
              STATES OF THE FORMER SOVIET UNION.

    (a) Substitution With Other Power Units.--
            (1) In general.--The Secretary is authorized to assist the 
        Government of the Russian Federation to substitute solar (or 
        other non-nuclear) power sources for radioisotope thermal power 
        units operated by the Russian Federation and other independent 
        states of the former Soviet Union in applications such as 
        lighthouses in the Arctic, remote weather stations, and for 
        providing electricity in remote locations.
            (2) Technology requirement.--Any power unit utilized as a 
        substitute power unit under paragraph (1) shall, to the maximum 
        extent practicable, be based upon tested technologies that have 
        operated for at least one full year in the environment where 
        the substitute power unit will be used.
    (b) Consultation.--The Secretary shall consult with the Secretary 
of Energy to ensure that substitute power sources provided under this 
section are for facilities from which the radioisotope thermal 
generator power units have been or are being removed.
    (c) Activities Outside Former Soviet Union.--The Secretary may use 
not more than 20 percent of the funds available under this section in 
any fiscal year to replace dangerous radioisotope thermal power 
facilities that are similar to the facilities described in subsection 
(a) in countries other than the independent states of the former Soviet 
Union.
    (d) Funding.--
            (1) In general.--Of the amounts authorized to be 
        appropriated under this Act for Nonproliferation, Anti-
        terrorism, Demining, and Related Programs, there is authorized 
        to be appropriated to the President for fiscal year 2004, 
        $5,000,000 to carry out this section.
            (2) Availability of funds.--Amounts available under 
        paragraph (1) are authorized to remain available until 
        expended.

SEC. 307. FOREIGN FIRST RESPONDERS.

    (a) In General.--The Secretary is authorized to assist foreign 
countries, or to propose that the IAEA assist foreign countries, in the 
development of appropriate national response plans and the training of 
first responders to--
            (1) detect, identify, and characterize radioactive 
        material;
            (2) understand the hazards posed by radioactive 
        contamination;
            (3) understand the risks encountered at various dose rates;
            (4) enter contaminated areas safely and speedily; and
            (5) evacuate persons within a contaminated area.
    (b) Considerations.--In carrying out activities under subsection 
(a), the Secretary shall take into account the findings of the threat 
assessment report required by section 308 and the location of any 
storage facilities for radioactive sources under section 304.
    (c) Authorization of Appropriations.--
            (1) In general.--Of the amounts authorized to be 
        appropriated under this Act for Nonproliferation, Anti-
        terrorism, Demining, and Related Programs, there is authorized 
        to be appropriated to the President for fiscal year 2004, 
        $2,000,000 to carry out this section.
            (2) Availability.--Amounts authorized to be appropriated by 
        paragraph (1) are authorized to remain available until 
        expended.

SEC. 308. THREAT ASSESSMENT REPORTS.

    (a) Reports Required.--The Secretary shall, at the times specified 
in subsection (c), submit to the appropriate congressional committees a 
report--
            (1) detailing the preparations made at United States 
        diplomatic missions abroad to detect and mitigate a 
        radiological attack on United States missions and other United 
        States facilities under the control of the Secretary;
            (2) setting forth a rank-ordered list of the Secretary's 
        priorities for improving radiological security and consequence 
        management at United States missions; and
            (3) providing a rank-ordered list of the missions where 
        such improvement is most important.
    (b) Budget Request.--Each report under subsection (a) shall also 
include a proposed budget to carry out the improvements described in 
subsection (a)(2) under such report.
    (c) Timing.--
            (1) First report.--The first report under subsection (a) 
        shall be submitted not later than 180 days after the date of 
        the enactment of this Act.
            (2) Subsequent reports.--Subsequent reports under 
        subsection (a) shall be submitted with the budget justification 
        materials submitted by the Secretary to Congress in support of 
        the budget of the President for the fiscal year (as submitted 
        under section 1105(a) of title 31, United States Code) for each 
        fiscal year commencing with fiscal year 2006.
    (d) Form.--Each report shall be submitted in unclassified form, but 
may include a classified annex.

                 TITLE IV--GLOBAL PATHOGEN SURVEILLANCE

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Global Pathogen Surveillance Act 
of 2003''.

SEC. 402. FINDINGS; PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) Bioterrorism poses a grave national security threat to 
        the United States. The insidious nature of the threat, the 
        likely delayed recognition in the event of an attack, and the 
        underpreparedness of the domestic public health infrastructure 
        may produce catastrophic consequences following a biological 
        weapons attack upon the United States.
            (2) A contagious pathogen engineered as a biological weapon 
        and developed, tested, produced, or released in another country 
        can quickly spread to the United States. Given the realities of 
        international travel, trade, and migration patterns, a 
        dangerous pathogen released anywhere in the world can spread to 
        United States territory in a matter of days, before any 
        effective quarantine or isolation measures can be implemented.
            (3) To effectively combat bioterrorism and ensure that the 
        United States is fully prepared to prevent, diagnose, and 
        contain a biological weapons attack, measures to strengthen the 
        domestic public health infrastructure and improve domestic 
        surveillance and monitoring, while absolutely essential, are 
        not sufficient.
            (4) The United States should enhance cooperation with the 
        World Health Organization, regional health organizations, and 
        individual countries, including data sharing with appropriate 
        United States departments and agencies, to help detect and 
        quickly contain infectious disease outbreaks or bioterrorism 
        agents before they can spread.
            (5) The World Health Organization (WHO) has done an 
        impressive job in monitoring infectious disease outbreaks 
        around the world, including the recent emergence of the Severe 
        Acute Respiratory Syndrome (SARS) epidemic, particularly with 
        the establishment in April 2000 of the Global Outbreak Alert 
        and Response network.
            (6) The capabilities of the World Health Organization are 
        inherently limited by the quality of the data and information 
        it receives from member countries, the narrow range of diseases 
        (plague, cholera, and yellow fever) upon which its disease 
surveillance and monitoring is based, and the consensus process it uses 
to add new diseases to the list. Developing countries in particular 
often cannot devote the necessary resources to build and maintain 
public health infrastructures.
            (7) In particular, developing countries could benefit 
        from--
                    (A) better trained public health professionals and 
                epidemiologists to recognize disease patterns;
                    (B) appropriate laboratory equipment for diagnosis 
                of pathogens;
                    (C) disease reporting based on symptoms and signs 
                (known as ``syndrome surveillance''), affording the 
                earliest possible opportunity to conduct an effective 
                response;
                    (D) a narrowing of the existing technology gap in 
                syndrome surveillance capabilities and real-time 
                information dissemination to public health officials; 
                and
                    (E) appropriate communications equipment and 
                information technology to efficiently transmit 
                information and data within national and regional 
                health networks, including inexpensive, Internet-based 
                Geographic Information Systems (GIS) and relevant 
                telephone-based systems for early recognition and 
                diagnosis of diseases.
            (8) An effective international capability to monitor and 
        quickly diagnose infectious disease outbreaks will offer 
        dividends not only in the event of biological weapons 
        development, testing, production, and attack, but also in the 
        more likely cases of naturally occurring infectious disease 
        outbreaks that could threaten the United States. Furthermore, a 
        robust surveillance system will serve to deter terrorist use of 
        biological weapons, as early detection will help mitigate the 
        intended effects of such malevolent uses.
    (b) Purpose.--The purposes of this title are as follows:
            (1) To enhance the capability and cooperation of the 
        international community, including the World Health 
        Organization and individual countries, through enhanced 
        pathogen surveillance and appropriate data sharing, to detect, 
        identify, and contain infectious disease outbreaks, whether the 
        cause of those outbreaks is intentional human action or natural 
        in origin.
            (2) To enhance the training of public health professionals 
        and epidemiologists from eligible developing countries in 
        advanced Internet-based and other electronic syndrome 
        surveillance systems, in addition to traditional epidemiology 
        methods, so that they may better detect, diagnose, and contain 
        infectious disease outbreaks, especially those due to pathogens 
        most likely to be used in a biological weapons attack.
            (3) To provide assistance to developing countries to 
        purchase appropriate public health laboratory equipment 
        necessary for infectious disease surveillance and diagnosis.
            (4) To provide assistance to developing countries to 
        purchase appropriate communications equipment and information 
        technology, including, as appropriate, relevant computer 
        equipment, Internet connectivity mechanisms, and telephone-
        based applications to effectively gather, analyze, and transmit 
        public health information for infectious disease surveillance 
        and diagnosis.
            (5) To make available greater numbers of United States 
        Government public health professionals to international health 
        organizations, regional health networks, and United States 
        diplomatic missions where appropriate.
            (6) To establish ``lab-to-lab'' cooperative relationships 
        between United States public health laboratories and 
        established foreign counterparts.
            (7) To expand the training and outreach activities of 
        overseas United States laboratories, including Centers for 
        Disease Control and Prevention and Department of Defense 
        entities, to enhance the disease surveillance capabilities of 
        developing countries.
            (8) To provide appropriate technical assistance to existing 
        regional health networks and, where appropriate, seed money for 
        new regional networks.

SEC. 403. DEFINITIONS.

    In this title:
            (1) Biological weapons convention.--The term ``Biological 
        Weapons Convention'' means the Convention on the Prohibition of 
        the Development, Production and Stockpiling of Bacteriological 
        (Biological) and Toxin Weapons and on Their Destruction, signed 
        at Washington, London, and Moscow April 10, 1972.
            (2) Eligible developing country.--The term ``eligible 
        developing country'' means any developing country that--
                    (A) has agreed to the objective of fully complying 
                with requirements of the World Health Organization on 
                reporting public health information on outbreaks of 
                infectious diseases;
                    (B) has not been determined by the Secretary, for 
                purposes of section 40 of the Arms Export Control Act 
                (22 U.S.C. 2780), section 620A of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2371), or section 
                6(j) of the Export Administration Act of 1979 (50 
                U.S.C. App. 2405), to have repeatedly provided support 
                for acts of international terrorism, unless the 
                Secretary exercises a waiver certifying that it is in 
                the national interest of the United States to provide 
                assistance under the provisions of this title; and
                    (C) is a state party to the Biological Weapons 
                Convention.
            (3) Eligible national.--The term ``eligible national'' 
        means any citizen or national of an eligible developing country 
        who is eligible to receive a visa under the provisions of the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
            (4) International health organization.--The term 
        ``international health organization'' includes the World Health 
        Organization and the Pan American Health Organization.
            (5) Laboratory.--The term ``laboratory'' means a facility 
        for the biological, microbiological, serological, chemical, 
        immuno-hematological, hematological, biophysical, cytological, 
        pathological, or other examination of materials derived from 
        the human body for the purpose of providing information for the 
        diagnosis, prevention, or treatment of any disease or 
        impairment of, or the assessment of the health of, human 
        beings.
            (6) Secretary.--Unless otherwise provided, the term 
        ``Secretary'' means the Secretary of State.
            (7) Select agent.--The term ``select agent'' has the 
        meaning given such term for purposes of section 72.6 of title 
        42, Code of Federal Regulations.
            (8) Syndrome surveillance.--The term ``syndrome 
        surveillance'' means the recording of symptoms (patient 
        complaints) and signs (derived from physical examination) 
        combined with simple geographic locators to track the emergence 
        of a disease in a population.

SEC. 404. PRIORITY FOR CERTAIN COUNTRIES.

    Priority in the provision of United States assistance for eligible 
developing countries under all the provisions of this title shall be 
given to those countries that permit personnel from the World Health 
Organization and the Centers for Disease Control and Prevention to 
investigate outbreaks of infectious diseases on their territories, 
provide early notification of disease outbreaks, and provide pathogen 
surveillance data to appropriate United States departments and agencies 
in addition to international health organizations.

SEC. 405. RESTRICTION.

    Notwithstanding any other provision of this title, no foreign 
nationals participating in programs authorized under this title shall 
have access, during the course of such participation, to select agents 
that may be used as, or in, a biological weapon, except in a supervised 
and controlled setting.

SEC. 406. FELLOWSHIP PROGRAM.

    (a) Establishment.--There is established a fellowship program (in 
this section referred to as the ``program'') under which the Secretary, 
in consultation with the Secretary of Health and Human Services and 
subject to the availability of appropriations, shall award fellowships 
to eligible nationals to pursue public health education or training, as 
follows:
            (1) Master of public health degree.--Graduate courses of 
        study leading to a master of public health degree with a 
        concentration in epidemiology from an institution of higher 
        education in the United States with a Center for Public Health 
        Preparedness, as determined by the Centers for Disease Control 
        and Prevention.
            (2) Advanced public health epidemiology training.--Advanced 
        public health training in epidemiology to be carried out at the 
        Centers for Disease Control and Prevention (or equivalent State 
        facility), or other Federal facility (excluding the Department 
        of Defense or United States National Laboratories), for a 
        period of not less than 6 months or more than 12 months.
    (b) Specialization in Bioterrorism.--In addition to the education 
or training specified in subsection (a), each recipient of a fellowship 
under this section (in this section referred to as a ``fellow'') may 
take courses of study at the Centers for Disease Control and Prevention 
or at an equivalent facility on diagnosis and containment of likely 
bioterrorism agents.
    (c) Fellowship Agreement.--
            (1) In general.--In awarding a fellowship under the 
        program, the Secretary, in consultation with the Secretary of 
        Health and Human Services, shall require the recipient to enter 
        into an agreement under which, in exchange for such assistance, 
        the recipient--
                    (A) will maintain satisfactory academic progress 
                (as determined in accordance with regulations issued by 
                the Secretary and confirmed in regularly scheduled 
                updates to the Secretary from the institution providing 
                the education or training on the progress of the 
                recipient's education or training);
                    (B) will, upon completion of such education or 
                training, return to the recipient's country of 
                nationality or last habitual residence (so long as it 
                is an eligible developing country) and complete at 
                least four years of employment in a public health 
                position in the government or a nongovernmental, not-
                for-profit entity in that country or, with the approval 
                of the Secretary, complete part or all of this 
                requirement through service with an international 
                health organization without geographic restriction; and
                    (C) agrees that, if the recipient is unable to meet 
                the requirements described in subparagraph (A) or (B), 
                the recipient will reimburse the United States for the 
value of the assistance provided to the recipient under the fellowship, 
together with interest at a rate determined in accordance with 
regulations issued by the Secretary but not higher than the rate 
generally applied in connection with other Federal loans.
            (2) Waivers.--The Secretary may waive the application of 
        paragraph (1)(B) and (1)(C) if the Secretary determines that it 
        is in the national interest of the United States to do so.
    (d) Implementation.--The Secretary, in consultation with the 
Secretary of Health and Human Services, is authorized to enter into an 
agreement with any eligible developing country under which the country 
agrees--
            (1) to establish a procedure for the nomination of eligible 
        nationals for fellowships under this section;
            (2) to guarantee that a fellow will be offered a 
        professional public health position within the country upon 
        completion of his studies; and
            (3) to certify to the Secretary when a fellow has concluded 
        the minimum period of employment in a public health position 
        required by the fellowship agreement, with an explanation of 
        how the requirement was met.
    (e) Participation of United States Citizens.--On a case-by-case 
basis, the Secretary may provide for the participation of United States 
citizens under the provisions of this section if the Secretary 
determines that it is in the national interest of the United States to 
do so. Upon completion of such education or training, a United States 
recipient shall complete at least 5 years of employment in a public 
health position in an eligible developing country or an international 
health organization.

SEC. 407. IN-COUNTRY TRAINING IN LABORATORY TECHNIQUES AND SYNDROME 
              SURVEILLANCE.

    (a) In General.--In conjunction with the Centers for Disease 
Control and Prevention and the Department of Defense, the Secretary 
shall, subject to the availability of appropriations, support short 
training courses in-country (not in the United States) for laboratory 
technicians and other public health personnel from eligible developing 
countries in laboratory techniques relating to the identification, 
diagnosis, and tracking of pathogens responsible for possible 
infectious disease outbreaks. Training under this section may be 
conducted in overseas facilities of the Centers for Disease Control and 
Prevention or in Overseas Medical Research Units of the Department of 
Defense, as appropriate. The Secretary shall coordinate such training 
courses, where appropriate, with the existing programs and activities 
of the World Health Organization.
    (b) Training in Syndrome Surveillance.--In conjunction with the 
Centers for Disease Control and Prevention and the Department of 
Defense, the Secretary shall, subject to the availability of 
appropriations, establish and support short training courses in-country 
(not in the United States) for public health personnel from eligible 
developing countries in techniques of syndrome surveillance reporting 
and rapid analysis of syndrome information using Geographic Information 
System (GIS) and other Internet-based tools. Training under this 
subsection may be conducted via the Internet or in appropriate 
facilities as determined by the Secretary. The Secretary shall 
coordinate such training courses, where appropriate, with the existing 
programs and activities of the World Health Organization.

SEC. 408. ASSISTANCE FOR THE PURCHASE AND MAINTENANCE OF PUBLIC HEALTH 
              LABORATORY EQUIPMENT.

    (a) Authorization.--The President is authorized, on such terms and 
conditions as the President may determine, to furnish assistance to 
eligible developing countries to purchase and maintain public health 
laboratory equipment described in subsection (b).
    (b) Equipment Covered.--Equipment described in this subsection is 
equipment that is--
            (1) appropriate, where possible, for use in the intended 
        geographic area;
            (2) necessary to collect, analyze, and identify 
        expeditiously a broad array of pathogens, including mutant 
        strains, which may cause disease outbreaks or may be used as a 
        biological weapon;
            (3) compatible with general standards set forth, as 
        appropriate, by the World Health Organization and the Centers 
        for Disease Control and Prevention, to ensure interoperability 
        with regional and international public health networks; and
            (4) not defense articles or defense services as those terms 
        are defined under section 47 of the Arms Export Control Act (22 
        U.S.C. 2794).
    (c) Rule of Construction.--Nothing in this section shall be 
construed to exempt the exporting of goods and technology from 
compliance with applicable provisions of the Export Administration Act 
of 1979 (50 U.S.C. App. 2401 et seq.) (or successor statutes).
    (d) Limitation.--Amounts appropriated to carry out this section 
shall not be made available for the purchase from a foreign country of 
equipment that, if made in the United States, would be subject to the 
Arms Export Control Act (22 U.S.C. 2751 et seq.) or likely be barred or 
subject to special conditions under the Export Administration Act of 
1979 (50 U.S.C. App. 2401 et seq.) (or successor statutes).
    (e) Host Country's Commitments.--The assistance provided under this 
section shall be contingent upon the host country's commitment to 
provide the resources, infrastructure, and other assets required to 
house, maintain, support, secure, and maximize use of this equipment 
and appropriate technical personnel.

SEC. 409. ASSISTANCE FOR IMPROVED COMMUNICATION OF PUBLIC HEALTH 
              INFORMATION.

    (a) Assistance for Purchase of Communication Equipment and 
Information Technology.--The President is authorized to provide, on 
such terms and conditions as the President may determine, assistance to 
eligible developing countries for the purchase and maintenance of 
communications equipment and information technology described in 
subsection (b), and supporting equipment, necessary to effectively 
collect, analyze, and transmit public health information.
    (b) Covered Equipment.--Equipment (and information technology) 
described in this subsection is equipment that--
            (1) is suitable for use under the particular conditions of 
        the area of intended use;
            (2) meets appropriate World Health Organization standards 
        to ensure interoperability with like equipment of other 
        countries and international health organizations; and
            (3) is not defense articles or defense services as those 
        terms are defined under section 47 of the Arms Export Control 
        Act (22 U.S.C. 2794).
    (c) Rule of Construction.--Nothing in this section shall be 
construed to exempt the exporting of goods and technology from 
compliance with applicable provisions of the Export Administration Act 
of 1979 (50 U.S.C. App. 2401 et seq.) (or successor statutes).
    (d) Limitation.--Amounts appropriated to carry out this section 
shall not be made available for the purchase from a foreign country of 
equipment that, if made in the United States, would be subject to the 
Arms Export Control Act or likely be barred or subject to special 
conditions under the Export Administration Act of 1979 (50 U.S.C. App. 
2401 et seq.) (or successor statutes).
    (e) Assistance for Standardization of Reporting.--The President is 
authorized to provide, on such terms and conditions as the President 
may determine, technical assistance and grant assistance to 
international health organizations to facilitate standardization in the 
reporting of public health information between and among developing 
countries and international health organizations.
    (f) Host Country's Commitments.--The assistance provided under this 
section shall be contingent upon the host country's commitment to 
provide the resources, infrastructure, and other assets required to 
house, support, maintain, secure, and maximize use of this equipment 
and appropriate technical personnel.

SEC. 410. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL TO UNITED STATES 
              MISSIONS AND INTERNATIONAL ORGANIZATIONS.

    (a) In General.--Upon the request of a United States chief of 
diplomatic mission or an international health organization, and with 
the concurrence of the Secretary of State, the head of a Federal agency 
may assign to the respective United States mission or organization any 
officer or employee of the agency occupying a public health position 
within the agency for the purpose of enhancing disease and pathogen 
surveillance efforts in developing countries.
    (b) Reimbursement.--The costs incurred by a Federal agency by 
reason of the detail of personnel under subsection (a) may be 
reimbursed to that agency out of the applicable appropriations account 
of the Department of State if the Secretary determines that the 
relevant agency may otherwise be unable to assign such personnel on a 
non-reimbursable basis.

SEC. 411. EXPANSION OF CERTAIN UNITED STATES GOVERNMENT LABORATORIES 
              ABROAD.

    (a) In General.--Subject to the availability of appropriations, the 
Centers for Disease Control and Prevention and the Department of 
Defense shall each--
            (1) increase the number of personnel assigned to 
        laboratories of the Centers or the Department, as appropriate, 
        located in eligible developing countries that conduct research 
        and other activities with respect to infectious diseases; and
            (2) expand the operations of those laboratories, especially 
        with respect to the implementation of on-site training of 
        foreign nationals and regional outreach efforts involving 
        neighboring countries.
    (b) Cooperation and Coordination Between Laboratories.--Subsection 
(a) shall be carried out in such a manner as to foster cooperation and 
avoid duplication between and among laboratories.
    (c) Relation to Core Missions and Security.--The expansion of the 
operations of overseas laboratories of the Centers or the Department 
under this section shall not--
            (1) detract from the established core missions of the 
        laboratories; or
            (2) compromise the security of those laboratories, as well 
        as their research, equipment, expertise, and materials.

SEC. 412. ASSISTANCE FOR REGIONAL HEALTH NETWORKS AND EXPANSION OF 
              FOREIGN EPIDEMIOLOGY TRAINING PROGRAMS.

    (a) Authority.--The President is authorized, on such terms and 
conditions as the President may determine, to provide assistance for 
the purposes of--
            (1) enhancing the surveillance and reporting capabilities 
        of the World Health Organization and existing regional health 
        networks; and
            (2) developing new regional health networks.
    (b) Expansion of Foreign Epidemiology Training Programs.--The 
Secretary of Health and Human Services is authorized to establish new 
country or regional Foreign Epidemiology Training Programs in eligible 
developing countries.

SEC. 413. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--
            (1) In general.--Of the amounts authorized to be 
        appropriated under this Act for Nonproliferation, Anti-
        terrorism, Demining and Related Programs, there is authorized 
        to be appropriated $35,000,000 for the fiscal year 2004 to 
        carry out this title.
            (2) Allocation of funds.--Of the amounts made available 
        under paragraph (1)--
                    (A) $25,000,000 for the fiscal year 2004 is 
                authorized to be available to carry out sections 406, 
                407, 408, and 409;
                    (B) $500,000 for the fiscal year 2004 is authorized 
                to be available to carry out section 410;
                    (C) $2,500,000 for the fiscal year 2004 is 
                authorized to be available to carry out section 411; 
                and
                    (D) $7,000,000 for the fiscal year 2004 is 
                authorized to be available to carry out section 412.
    (b) Availability of Funds.--The amount appropriated pursuant to 
subsection (a) is authorized to remain available until expended.
    (c) Reporting Requirement.--Not later than 90 days after the date 
of enactment of this title, the Secretary shall submit a report, in 
conjunction with the Secretary of Health and Human Services and the 
Secretary of Defense, containing--
            (1) a description of the implementation of programs under 
        this title; and
            (2) an estimate of the level of funding required to carry 
        out those programs at a sufficient level.

                   TITLE V--MISCELLANEOUS PROVISIONS

     Subtitle A--Elimination and Modification of Certain Reporting 
                              Requirements

SEC. 501. ANNUAL REPORT ON TERRITORIAL INTEGRITY.

    Section 560 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1994 (titles I through V of Public 
Law 103-87; 107 Stat. 966) is amended by striking subsection (g).

SEC. 502. ANNUAL REPORTS ON ACTIVITIES IN COLOMBIA.

    Section 694 of the Foreign Relations Authorization Act, Fiscal Year 
2003 (Public Law 107-228; 116 Stat. 1415; 22 U.S.C. 2291 note) is 
amended by adding at the end the following:
    ``(c) Report Consolidation.--The Secretary may satisfy the annual 
reporting requirements of this section by incorporating the required 
information with the annual report submitted pursuant to section 489(a) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)).''.

SEC. 503. ANNUAL REPORT ON FOREIGN MILITARY TRAINING.

    Subsection (a)(1) of section 656 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2416) is amended by striking ``January 31'' and 
inserting ``March 1''.

SEC. 504. REPORT ON HUMAN RIGHTS IN HAITI.

    Section 616(c) of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 1999 (section 
101(b) of division A of Public Law 105-277; 112 Stat. 2681-114), is 
amended--
            (1) in paragraph (2), by striking ``not later than 3 months 
        after the date of enactment of this Act'' and inserting ``as 
        part of the annual report submitted under paragraph (4) of this 
        subsection''; and
            (2) in paragraph (3), by inserting ``, as part of the 
        annual report submitted under paragraph (4) of this 
        subsection,'' after ``the appropriate congressional 
        committees''.

                       Subtitle B--Other Matters

SEC. 511. CERTAIN CLAIMS FOR EXPROPRIATION BY THE GOVERNMENT OF 
              NICARAGUA.

    Section 527 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 475; 22 U.S.C. 
2370a) is amended by adding at the end the following new subsection:
    ``(i) Certain Claims for Expropriation by the Government of 
Nicaragua.--
            ``(1) Matters not to be considered.--Any action described 
        in subsection (a)(1) that was taken by the Government of 
        Nicaragua during the period beginning on January 1, 1956, and 
        ending on January 9, 2002, may not be considered in 
        implementing the prohibition under subsection (a) unless the 
        action has been presented in accordance with the procedure set 
        forth in paragraph (2).
            ``(2) Actions presented.--An action shall be deemed 
        presented for purposes of paragraph (1) if, not later than 120 
        days after the date prescribed under paragraph (3), a written 
        description of the action is--
                    ``(A) submitted to the Secretary of State by a 
                United States person; and
                    ``(B) received by the Department of State at--
                            ``(i) the headquarters of the Department of 
                        State in Washington, District of Columbia; or
                            ``(ii) the Embassy of the United States of 
                        America to Nicaragua.
            ``(3) Time for presentation.--The Secretary of State shall 
        prescribe the date on which the presentation deadline is based 
        for the purposes of paragraph (2) and shall publish a notice of 
        such date in the Federal Register. The prescribed date may be 
        any date selected by the Secretary in the Secretary's sole 
        discretion, except that such date may not be the date on which 
        this subsection takes effect or any date before such effective 
        date.''.

SEC. 512. AMENDMENTS TO THE ARMS CONTROL AND DISARMAMENT ACT.

    (a) Verification of Compliance.--Section 306(a) of the Arms Control 
and Disarmament Act (22 U.S.C. 2577(a)) is amended by inserting ``or 
other formal commitment'' after ``agreement'' each place it appears in 
paragraphs (1) and (2).
    (b) Annual Reports to Congress.--
            (1) Requirement for reports.--Section 403 of the Arms 
        Control and Disarmament Act (22 U.S.C. 2593a) is amended to 
        read as follows:
    ``Sec. 403. (a) Report on Objectives and Negotiations.--Not later 
than April 15 of each year, the President shall submit to the Speaker 
of the House of Representatives and to the Chairman of the Committee on 
Foreign Relations of the Senate a report prepared by the Secretary of 
State in consultation with the Secretary of Defense, the Secretary of 
Energy, the Director of Central Intelligence, and the Chairman of the 
Joint Chiefs of Staff on the status of United States policy and actions 
with respect to arms control, nonproliferation, and disarmament. Such 
report shall include--
            ``(1) a detailed statement concerning the arms control, 
        nonproliferation, and disarmament objectives of the executive 
        branch of Government for the forthcoming year; and
            ``(2) a detailed assessment of the status of any ongoing 
        arms control, nonproliferation, or disarmament negotiations, 
        including a comprehensive description of negotiations or other 
        activities during the preceding year and an appraisal of the 
        status and prospects for the forthcoming year.
    ``(b) Report on Compliance.--Not later than April 15 of each year, 
the President shall submit to the Speaker of the House of 
Representatives and to the Chairman of the Committee on Foreign 
Relations of the Senate a report prepared by the Secretary of State 
with the concurrence of the Director of Central Intelligence and in 
consultation with the Secretary of Defense, the Secretary of Energy, 
and the Chairman of the Joint Chiefs of Staff on the status of United 
States policy and actions with respect to arms control, 
nonproliferation, and disarmament compliance. Such report shall 
include--
            ``(1) a detailed assessment of adherence of the United 
        States to obligations undertaken in arms control, 
        nonproliferation, and disarmament agreements, including 
        information on the policies and organization of each relevant 
        agency or department of the United States to ensure adherence 
        to such obligations, a description of national security 
        programs with a direct bearing on questions of adherence to 
        such obligations and of steps being taken to ensure adherence, 
        and a compilation of any substantive questions raised during 
        the preceding year and any corrective action taken;
            ``(2) a detailed assessment of the adherence of other 
        nations to obligations undertaken in all arms control, 
        nonproliferation, and disarmament agreements or commitments, 
        including the Missile Technology Control Regime, to which the 
        United States is a participating state, including information 
        on actions taken by each nation with regard to the size, 
        structure, and disposition of its military forces in order to 
        comply with arms control, nonproliferation, or disarmament 
        agreements or commitments, and shall include, in the case of 
        each agreement or commitment about which compliance questions 
        exist--
                    ``(A) a description of each significant issue 
                raised and efforts made and contemplated with the other 
                participating state to seek resolution of the 
                difficulty;
                    ``(B) an assessment of damage, if any, to the 
                United States security and other interests;
                    ``(C) recommendations as to any steps that should 
                be considered to redress any damage to United States 
                national security and to reduce compliance problems; 
                and
                    ``(D) for states that are not parties to such 
                agreements or commitments, a description of activities 
                of concern carried out by such states and efforts 
                underway to bring such states into adherence with such 
                agreements or commitments;
            ``(3) a discussion of any material noncompliance by foreign 
        governments with their binding commitments to the United States 
        with respect to the prevention of the spread of nuclear 
        explosive devices (as defined in section 830(4) of the Nuclear 
        Proliferation Prevention Act of 1994 (22 U.S.C. 6305(4)) by 
        non-nuclear-weapon states (as defined in section 830(5) of that 
        Act (22 U.S.C. 6305(5)) or the acquisition by such states of 
        unsafeguarded special nuclear material (as defined in section 
        830(8) of that Act (22 U.S.C. 6305(8)), including--
                    ``(A) a net assessment of the aggregate military 
                significance of all such violations;
                    ``(B) a statement of the compliance policy of the 
                United States with respect to violations of those 
                commitments; and
                    ``(C) what actions, if any, the President has taken 
                or proposes to take to bring any nation committing such 
                a violation into compliance with those commitments; and
            ``(4) a specific identification, to the maximum extent 
        practicable in unclassified form, of each and every question 
        that exists with respect to compliance by other countries with 
        arms control, nonproliferation, and disarmament agreements and 
        other formal commitments with the United States.
    ``(c) Chemical Weapons Convention Compliance Report Requirement 
Satisfied.--The report submitted pursuant to subsection (b) shall 
include the information necessary to satisfy Condition 10(C) of the 
resolution of advice and consent to the Convention on the Prohibition 
of Development, Production, Stockpiling and Use of Chemical Weapons and 
on Their Destruction, with annexes, done at Paris, January 13, 1993, 
and entered into force April 29, 1997 (T. Doc. 103-21), approved by the 
Senate on April 24, 1997.
    ``(d) Classification of Report.--The reports required by this 
section shall be submitted in unclassified form, with classified 
annexes, as appropriate. The report portions described in paragraphs 
(2) and (3) of subsection (b) shall summarize in detail, at least in 
classified annexes, the information, analysis, and conclusions relevant 
to possible noncompliance by other nations that are provided by United 
States intelligence agencies.
    ``(e) Reporting Consecutive Noncompliance.--If the President in 
consecutive reports submitted to the Congress under subsection (b) 
reports that any nation is not in full compliance with its binding 
nonproliferation commitments to the United States, then the President 
shall include in the second such report an assessment of what actions 
are necessary to compensate for such violations.
    ``(f) Additional Requirement.--Each report required by subsection 
(b) shall include a discussion of each significant issue described in 
subsection (b)(4) that was contained in a previous report issued under 
this section during 1995, or after December 31, 1995, until the 
question or concern has been resolved and such resolution has been 
reported in detail to the Committee on Foreign Relations and the Select 
Committee on Intelligence of the Senate and the Committee on 
International Relations and the Permanent Select Committee on 
Intelligence of the House of Representatives.''.
            (2) Conforming amendment.--The heading of such section is 
        amended to read as follows:

                    ``annual reports to congress''.

SEC. 513. SUPPORT FOR SIERRA LEONE.

    (a) Findings.--Congress makes the following findings:
            (1) As of January 1, 2003, the United States had provided a 
        total of $516,000,000 to the United Nations Mission in Sierra 
        Leone and to Operation Focus Relief for the purpose of bringing 
        peace and stability to Sierra Leone.
            (2) In fiscal year 2003, Congress appropriated $144,850,000 
        to support the United Nations Mission in Sierra Leone, and the 
        President has requested $84,000,000 for fiscal year 2004 to 
        support such Mission.
    (b) Sense of Congress.--It is the sense of Congress that the 
considerable United States investment in stability in Sierra Leone 
should be secured through appropriate support for activities aimed at 
enhancing Sierra Leone's long-term prospect for peaceful development.
    (c) Report.--
            (1) In general.--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 appropriate congressional committees on the feasibility of 
        establishing a United States mission in Sierra Leone.
            (2) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means the Committee on Foreign Relations of the Senate and the 
        Committee on International Relations of the House of 
        Representatives.
    (d) Availability of Funds.--Of the amounts made available under 
chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151 et seq.) or chapter 4 of part II of such Act (22 U.S.C. 2346 et 
seq.), up to $15,000,000 may be made available in fiscal year 2004 to 
support in Sierra Leone programs--
            (1) to increase access to primary and secondary education 
        in rural areas;
            (2) designed to alleviate poverty; and
            (3) to eliminate government corruption.

SEC. 514. SUPPORT FOR INDEPENDENT MEDIA IN ETHIOPIA.

    Of the amounts made available under chapter 1 of part I of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), such sums as 
are necessary may be made available in fiscal year 2004 to support 
independent media in Ethiopia, including providing support to--
            (1) strengthen the capacity of journalists; and
            (2) increase access to printing facilities by individuals 
        who work in the print media.

SEC. 515. SUPPORT FOR SOMALIA.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should work--
                    (A) to support efforts to strengthen state capacity 
                in Somalia;
                    (B) to curtail opportunities for terrorists and 
                other international criminals in Somalia;
                    (C) to engage sectors of Somali society that are 
                working to improve the conditions of the Somali people; 
                and
                    (D) to provide alternatives to extremist influences 
                in Somalia by vigorously pursuing small-scale human 
                development initiatives; and
            (2) supporting stability in Somalia is in the national 
        interest of the United States.
    (b) Report.--
            (1) Requirement.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary of State shall report to 
        the Committee on Foreign Relations of the Senate on the 
        strategy for engaging with pockets of competence within the 
        borders of Somalia to both strengthen local capacity and to 
        establish incentives for other communities to seek stability.
            (2) Content.--The report shall--
                    (A) outline a multi-year strategy for increasing--
                            (i) access to primary and secondary 
                        education and basic health care services, 
                        including projected staffing and resource needs 
                        in light of Somalia's current capacity;
                            (ii) support for the efforts underway to 
                        establish clear systems for effective 
                        regulation and monitoring of Somali remittance 
                        companies; and
                            (iii) support initiatives to rehabilitate 
                        Somalia's livestock export sector; and
                    (B) evaluate the feasibility of using the 
                Ambassador's Fund for Cultural Preservation to support 
                Somalia's cultural heritage, including the oral 
                traditions of the Somali people.

SEC. 516. SUPPORT FOR CENTRAL AFRICAN STATES.

    (a) Findings.--Congress makes the following findings:
            (1) In recent years, the Central African States of Burundi, 
        the Democratic Republic of the Congo, Rwanda, and Uganda have 
        all been involved in overlapping conflicts that have 
        destabilized the region and contributed to the deaths of 
        millions of civilians.
            (2) The Department of State's 2002 Country Report on Human 
        Rights Practices in Burundi states that, ``impunity for those 
who committed serious human rights violations, and the continuing lack 
of accountability for those who committed past abuses, remained key 
factors in the country's continuing instability.''
            (3) The Department of State's 2002 Country Report on Human 
        Rights Practices in the Democratic Republic of the Congo states 
        that, ``the judiciary continued to be underfunded, inefficient, 
        and corrupt. It largely was ineffective as a deterrent to human 
        rights abuses or as a corrective force.''
            (4) The Department of State's 2002 Country Report on Human 
        Rights Practices in Rwanda states that ``there were credible 
        reports that Rwandan Defense Force units operating in the 
        [Democratic Republic of the Congo] committed deliberate 
        unlawful killings and other serious abuses, and impunity 
        remained a problem,'' and that ``the Government continued to 
        conduct genocide trials at a slow pace.''
            (5) The Department of State's 2002 Country Report on Human 
        Rights Practices in Uganda states that ``security forces used 
        excessive force, at times resulting in death, and committed or 
        failed to prevent extrajudicial killings of suspected rebels 
        and civilians. The Government enacted measures to improve the 
        discipline and training of security forces and punished some 
        security force officials who were guilty of abuses; however, 
        abuses by the security forces remained a problem.''
            (6) Ongoing human rights abuses in the Democratic Republic 
        of the Congo, including ethnically-based conflict in Ituri 
        province, threaten the integrity and viability of the Congolese 
        peace process.
    (b) Statement of Policy.--It is the policy of the United States 
Government to support--
            (1) efforts aimed at accounting for the grave human rights 
        abuses and crimes against humanity that have taken place 
        throughout the central African region since 1993;
            (2) programs to encourage reconciliation in communities 
        affected by such crimes; and
            (3) efforts aimed at preventing such crimes in the future.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of State shall submit to the appropriate 
congressional committees a report on the actions taken by the United 
States Government to implement the policy set out in subsection (b).
    (d) Authorization.--Of the amounts made available under chapter 4 
of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
seq.), up to $12,000,000 may be made available for fiscal year 2004 to 
support the development of responsible justice and reconciliation 
mechanisms in the Democratic Republic of the Congo, Rwanda, Burundi, 
and Uganda, including programs to increase awareness of gender-based 
violence and to improve local capacity to prevent and respond to such 
violence.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the Committee 
on Foreign Relations of the Senate and the Committee on International 
Relations of the House of Representatives.

SEC. 517. AFRICAN CONTINGENCY OPERATIONS TRAINING AND ASSISTANCE 
              PROGRAM.

    (a) Availability of Funds.--Of the amounts made available under 
chapter 6 of part II of the Foreign Assistance Act of 1961 (22 U.S.C 
2348 et seq.), $15,000,000 may be made available in fiscal year 2004 to 
support the African Contingency Operations Training and Assistance 
program (in this section referred to as ``ACOTA'') to enhance the 
capacity of African militaries to participate in peace support 
operations.
    (b) Eligibility for Participation.--
            (1) Criteria.--Countries receiving ACOTA support shall be 
        selected on the basis of--
                    (A) the country's willingness to participate in 
                peace support operations;
                    (B) the country's military capability;
                    (C) the country's democratic governance;
                    (D) the nature of the relations between the civil 
                and military authorities within the country;
                    (E) the human rights record of the country, with 
                particular attention paid to the record of the 
                military; and
                    (F) the relations between the country and its 
                neighboring states.
            (2) Eligibility review.--The eligibility status of 
        participating countries shall be reviewed at least annually.
    (c) Sense of Congress on Local Consultations.--It is the sense of 
Congress that the Department of State should--
            (1) provide information about the nature and purpose of 
        ACOTA training to nationals of a country participating in 
        ACOTA, including parliamentarians and nongovernmental 
        humanitarian and human rights organizations; and
            (2) to the extent possible, provide such information prior 
        to the beginning of ACOTA training activities in such country.
    (d) Sense of Congress on Monitoring.--It is the sense of Congress 
that--
            (1) the Department of State and other relevant departments 
        and agencies should monitor the performance and conduct of 
        military units that receive ACOTA training or support; and
            (2) the Department of State should provide to the 
        appropriate congressional committees an annual report on the 
        information gained through such monitoring.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the Committee 
on Foreign Relations of the Senate and the Committee on International 
Relations of the House of Representatives.

SEC. 518. CONDITION ON THE PROVISION OF CERTAIN FUNDS TO INDONESIA.

    (a) Condition on Assistance.--Subject to subsection (c), no funds 
made available under section 23 of the Arms Export Control Act (22 
U.S.C. 2763) or chapter 5 of part II of the Foreign Assistance Act of 
1961 (22 U.S.C. 2347 et seq.) in fiscal year 2004, other than funds 
made available for expanded military education and training under such 
chapter, may be available for a program that involves the Government of 
Indonesia or the Indonesian Armed Forces until the President makes the 
certification described in subsection (b).
    (b) Certification.--The certification referred to in subsection (a) 
is a certification submitted by the President to the appropriate 
congressional committees that the Government of Indonesia and the 
Indonesian Armed Forces are taking effective measures, including 
cooperating with the Director of the Federal Bureau of Investigation--
            (1) to conduct a full investigation of the attack on United 
        States citizens in West Papua, Indonesia on August 31, 2002; 
        and
            (2) to criminally prosecute the individuals responsible for 
        such attack.
    (c) Limitation.--Nothing in this section shall prohibit the United 
States Government from continuing to conduct programs or training with 
the Indonesian Armed Forces, including counter-terrorism training, 
officer visits, port visits, or educational exchanges that are being 
conducted on the date of the enactment of this Act.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the Committee 
on Foreign Relations of the Senate and the Committee on International 
Relations of the House of Representatives.

SEC. 519. ASSISTANCE TO COMBAT HIV/AIDS IN CERTAIN COUNTRIES OF THE 
              CARIBBEAN REGION.

    Section 1(f)(2)(B)(ii)(VII) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a(f)(2)(B)(ii)(VII)) is amended 
by inserting after ``Zambia,'' the following: ``Antigua and Barbuda, 
the Bahamas, Barbados, Belize, Dominica, Grenada, Jamaica, Montserrat, 
Saint Kitts and Nevis, Saint Vincent and the Grenadines, Saint Lucia, 
Suriname, Trinidad and Tobago, Dominican Republic,''.

SEC. 520. REPEAL OF OBSOLETE ASSISTANCE AUTHORITY.

    Sections 495 through 495K of the Foreign Assistance Act of 1961 (22 
U.S.C. 2292f through 2292q) are repealed.

SEC. 521. TECHNICAL CORRECTIONS.

    (a) Error in Enrollment.--Effective as of November 21, 1990, as if 
included therein, section 10(a)(1) of Public Law 101-623 (104 Stat. 
3356), relating to an amendment of section 610(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2360(a)), is amended by striking 
```part I''' and inserting ```part I)'''.
    (b) Redesignation of Duplicatively Numbered Section.--Section 620G 
of the Foreign Assistance Act of 1961, as added by section 149 of 
Public Law 104-164 (110 Stat. 1436; 22 U.S.C. 2378a), is redesignated 
as section 620J.
    (c) Correction of Short Title.--Effective as of September 30, 1961, 
as if included therein, section 111 of Public Law 87-329 (75 Stat. 719; 
22 U.S.C. 2151 note) is amended by striking ```The Foreign'' and 
inserting ``the `Foreign''.




                                                       Calendar No. 116

108th CONGRESS

  1st Session

                                S. 1161

                          [Report No. 108-56]

_______________________________________________________________________

                                 A BILL

To authorize appropriations for foreign assistance programs for fiscal 
                   year 2004, and for other purposes.

_______________________________________________________________________

                              May 29, 2003

                 Read twice and placed on the calendar