[Congressional Record (Bound Edition), Volume 149 (2003), Part 19]
[Senate]
[Pages 26846-26869]
[From the U.S. Government Publishing Office, www.gpo.gov]




      FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2004

  On Thursday, October 30, 2003, the Senate passed H.R. 2800, as 
follows:

                               H.R. 2800

         Resolved, That the bill from the House of Representatives 
     (H.R. 2800) entitled ``An Act making appropriations for 
     foreign operations, export financing, and related programs 
     for the fiscal year ending September 30, 2004, and for other 
     purposes.'', do pass with the following amendment: Strike out 
     all after the enacting clause and insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2004, and for other purposes, namely:

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States


              INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK

       For necessary expenses of the Office of Inspector General 
     of the Export-Import Bank of the United States in carrying 
     out the provisions of the Inspector General Act of 1978, as 
     amended, $1,000,000.


                export-import bank loans program account

       The Export-Import Bank of the United States is authorized 
     to make such expenditures within the limits of funds and 
     borrowing authority available to such corporation, and in 
     accordance with law, and to make such contracts and 
     commitments without regard to fiscal year limitations, as 
     provided by section 104 of the Government Corporation Control 
     Act, as may be necessary in carrying out the program for the 
     current fiscal year for such corporation: Provided, That none 
     of the funds available during the current fiscal year may be 
     used to make expenditures, contracts, or commitments for the 
     export of nuclear equipment, fuel, or technology to any 
     country, other than a nuclear-weapon state as defined in 
     Article IX of the Treaty on the Non-Proliferation of Nuclear 
     Weapons eligible to receive economic or military assistance 
     under this Act, that has detonated a nuclear explosive after 
     the date of the enactment of this Act: Provided further, That 
     notwithstanding section 1(c) of Public Law 103-428, as 
     amended, sections 1(a) and (b) of Public Law 103-428 shall 
     remain in effect through October 1, 2004.


                        administrative expenses

       For administrative expenses to carry out the direct and 
     guaranteed loan and insurance programs, including hire of 
     passenger motor vehicles and services as authorized by 5 
     U.S.C. 3109, and not to exceed $30,000 for official reception 
     and representation expenses for members of the Board of 
     Directors, $74,395,000: Provided, That the Export-Import Bank 
     may accept, and use, payment or services provided by 
     transaction participants for legal, financial, or technical 
     services in connection with any transaction for which an 
     application for a loan, guarantee or insurance commitment has 
     been made: Provided further, That, notwithstanding subsection 
     (b) of section 117 of the Export Enhancement Act of 1992, 
     subsection (a) thereof shall remain in effect until October 
     1, 2004.


                overseas private investment corporation

                           noncredit account

       The Overseas Private Investment Corporation is authorized 
     to make, without regard to fiscal year limitations, as 
     provided by 31 U.S.C. 9104, such expenditures and commitments 
     within the limits of funds available to it and in accordance 
     with law as may be necessary: Provided, That the amount 
     available for administrative expenses to carry out the credit 
     and insurance programs (including an amount for official 
     reception and representation expenses which shall not exceed 
     $35,000) shall not exceed $41,385,000: Provided further, That 
     project-specific transaction costs, including direct and 
     indirect costs incurred in claims settlements, and other 
     direct costs associated with services provided to specific 
     investors or potential investors pursuant to section 234 of 
     the Foreign Assistance Act of 1961, shall not be considered 
     administrative expenses for the purposes of this heading.


                            program account

       For the cost of direct and guaranteed loans, $24,000,000, 
     as authorized by section 234 of the Foreign Assistance Act of 
     1961, to be derived by transfer from the Overseas Private 
     Investment Corporation Non-Credit Account: Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974: Provided further, That such sums shall be available 
     for direct loan obligations and loan guaranty commitments 
     incurred or made during fiscal years 2004 and 2005: Provided 
     further, That such sums shall remain available through fiscal 
     year 2012 for the disbursement of direct and guaranteed loans 
     obligated in fiscal year 2004, and through fiscal year 2013 
     for the disbursement of direct and guaranteed loans obligated 
     in fiscal year 2005.
       In addition, such sums as may be necessary for 
     administrative expenses to carry out the credit program may 
     be derived from amounts available for administrative expenses 
     to carry out the credit and insurance programs in the 
     Overseas Private Investment Corporation Noncredit Account and 
     merged with said account.

                  Funds Appropriated to the President


                      trade and development agency

       For necessary expenses to carry out the provisions of 
     section 661 of the Foreign Assistance Act of 1961, 
     $50,000,000, to remain available until September 30, 2005.

[[Page 26847]]



                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

       For expenses necessary to enable the President to carry out 
     the provisions of the Foreign Assistance Act of 1961, and for 
     other purposes, to remain available until September 30, 2004, 
     unless otherwise specified herein, as follows:


           united states agency for international development

                child survival and health programs fund

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapters 1 and 10 of part I of the Foreign Assistance Act of 
     1961, for child survival, health, and family planning/
     reproductive health activities, in addition to funds 
     otherwise available for such purposes, $1,435,500,000, to 
     remain available until September 30, 2005: Provided, That 
     this amount shall be made available for such activities as: 
     (1) immunization programs; (2) oral rehydration programs; (3) 
     health, nutrition, water and sanitation programs which 
     directly address the needs of mothers and children, and 
     related education programs; (4) assistance for displaced and 
     orphaned children; (5) programs for the prevention, 
     treatment, and control of, and research on, HIV/AIDS, 
     tuberculosis, malaria, polio and other infectious diseases; 
     and (6) family planning/reproductive health: Provided 
     further, That none of the funds appropriated under this 
     heading may be made available for nonproject assistance, 
     except that funds may be made available for such assistance 
     for ongoing health activities: Provided further, That of the 
     funds appropriated under this heading, not to exceed 
     $150,000, in addition to funds otherwise available for such 
     purposes, may be used to monitor and provide oversight of 
     child survival, maternal and family planning/reproductive 
     health, and infectious disease programs: Provided further, 
     That the following amounts should be allocated as follows: 
     $345,000,000 for child survival and maternal health; 
     $30,000,000 for vulnerable children; $500,000,000 for HIV/
     AIDS including not less than $22,000,000 which should be made 
     available to support the development of microbicides as a 
     means for combating HIV/AIDS; $185,000,000 for other 
     infectious diseases; and $375,500,000 for family planning/
     reproductive health, including in areas where population 
     growth threatens biodiversity or endangered species: Provided 
     further, That of the funds appropriated under this heading 
     that are available for HIV/AIDS programs and activities, 
     $18,000,000 should be made available for the International 
     AIDS Vaccine Initiative: Provided further, That of the funds 
     appropriated under this heading, $60,000,000 should be made 
     available for a United States contribution to The Vaccine 
     Fund, and up to $6,000,000 may be transferred to and merged 
     with funds appropriated by this Act under the heading 
     ``Operating Expenses of the United States Agency for 
     International Development'' for costs directly related to 
     international health, but funds made available for such costs 
     may not be derived from amounts made available for 
     contribution under this and the preceding proviso: Provided 
     further, That none of the funds made available in this Act 
     nor any unobligated balances from prior appropriations may be 
     made available to any organization or program which, as 
     determined by the President of the United States, supports or 
     participates in the management of a program of coercive 
     abortion or involuntary sterilization: Provided further, That 
     none of the funds made available under this Act may be used 
     to pay for the performance of abortion as a method of family 
     planning or to motivate or coerce any person to practice 
     abortions: Provided further, That none of the funds made 
     available under this Act may be used to lobby for or against 
     abortion: Provided further, That in order to reduce reliance 
     on abortion in developing nations, funds shall be available 
     only to voluntary family planning projects which offer, 
     either directly or through referral to, or information about 
     access to, a broad range of family planning methods and 
     services, and that any such voluntary family planning project 
     shall meet the following requirements: (1) service providers 
     or referral agents in the project shall not implement or be 
     subject to quotas, or other numerical targets, of total 
     number of births, number of family planning acceptors, or 
     acceptors of a particular method of family planning (this 
     provision shall not be construed to include the use of 
     quantitative estimates or indicators for budgeting and 
     planning purposes); (2) the project shall not include payment 
     of incentives, bribes, gratuities, or financial reward to: 
     (A) an individual in exchange for becoming a family planning 
     acceptor; or (B) program personnel for achieving a numerical 
     target or quota of total number of births, number of family 
     planning acceptors, or acceptors of a particular method of 
     family planning; (3) the project shall not deny any right or 
     benefit, including the right of access to participate in any 
     program of general welfare or the right of access to health 
     care, as a consequence of any individual's decision not to 
     accept family planning services; (4) the project shall 
     provide family planning acceptors comprehensible information 
     on the health benefits and risks of the method chosen, 
     including those conditions that might render the use of the 
     method inadvisable and those adverse side effects known to be 
     consequent to the use of the method; and (5) the project 
     shall ensure that experimental contraceptive drugs and 
     devices and medical procedures are provided only in the 
     context of a scientific study in which participants are 
     advised of potential risks and benefits; and, not less than 
     60 days after the date on which the Administrator of the 
     United States Agency for International Development determines 
     that there has been a violation of the requirements contained 
     in paragraph (1), (2), (3), or (5) of this proviso, or a 
     pattern or practice of violations of the requirements 
     contained in paragraph (4) of this proviso, the Administrator 
     shall submit to the Committees on Appropriations a report 
     containing a description of such violation and the corrective 
     action taken by the Agency: Provided further, That in 
     awarding grants for natural family planning under section 104 
     of the Foreign Assistance Act of 1961 no applicant shall be 
     discriminated against because of such applicant's religious 
     or conscientious commitment to offer only natural family 
     planning; and, additionally, all such applicants shall comply 
     with the requirements of the previous proviso: Provided 
     further, That for purposes of this or any other Act 
     authorizing or appropriating funds for foreign operations, 
     export financing, and related programs, the term 
     ``motivate'', as it relates to family planning assistance, 
     shall not be construed to prohibit the provision, consistent 
     with local law, of information or counseling about all 
     pregnancy options: Provided further, That nothing in this 
     paragraph shall be construed to alter any existing statutory 
     prohibitions against abortion under section 104 of the 
     Foreign Assistance Act of 1961: Provided further, That to the 
     maximum extent feasible, taking into consideration cost, 
     timely availability, and best health practices, funds 
     appropriated in this Act or prior appropriations Acts that 
     are made available for condom procurement shall be made 
     available only for the procurement of condoms manufactured in 
     the United States: Provided further, That information 
     provided about the use of condoms as part of projects or 
     activities that are funded from amounts appropriated by this 
     Act shall be medically accurate and shall include the public 
     health benefits and failure rates of such use.


                         development assistance

       For necessary expenses to carry out the provisions of 
     sections 103, 105, 106, and 131, and chapter 10 of part I of 
     the Foreign Assistance Act of 1961, $1,423,000,000, to remain 
     available until September 30, 2005: Provided, That none of 
     the funds appropriated under title II of this Act that are 
     managed by or allocated to the United States Agency for 
     International Development's Global Development Secretariat, 
     may be made available except through the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That $220,000,000 should be allocated for basic 
     education: Provided further, That none of the funds 
     appropriated under this heading may be made available for any 
     activity which is in contravention to the Convention on 
     International Trade in Endangered Species of Flora and Fauna: 
     Provided further, That of the funds appropriated under this 
     heading that are made available for assistance programs for 
     displaced and orphaned children and victims of war, not to 
     exceed $32,500, in addition to funds otherwise available for 
     such purposes, may be used to monitor and provide oversight 
     of such programs: Provided further, That of the aggregate 
     amount of the funds appropriated by this Act that are made 
     available for agriculture and rural development programs, 
     $40,000,000 should be made available for plant biotechnology 
     research and development: Provided further, That not less 
     than $2,300,000 should be made available for core support for 
     the International Fertilizer Development Center: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $1,000,000 shall be made available for support 
     of the United States Telecommunications Training Institute: 
     Provided further, That of the funds appropriated under this 
     heading, not less than $20,000,000 should be made available 
     for the American Schools and Hospitals Abroad program: 
     Provided further, That of the funds appropriated under this 
     heading, up to $3,000,000 should be made available for 
     support of the International Real Property Foundation: 
     Provided further, That of the funds appropriated by this Act, 
     $100,000,000 shall be made available for drinking water 
     supply projects and related activities.


                   international disaster assistance

       For necessary expenses for international disaster relief, 
     rehabilitation, and reconstruction assistance pursuant to 
     section 491 of the Foreign Assistance Act of 1961, as 
     amended, $235,500,000, to remain available until expended.


                              Famine Fund

       For necessary expenses for famine prevention and relief, 
     including for mitigation of the effects of famine, pursuant 
     to section 491 of the Foreign Assistance Act of 1961, as 
     amended, $100,000,000, to remain available until expended: 
     Provided, That funds appropriated under this heading shall be 
     available for obligation subject to prior consultation with 
     the Committees on Appropriations.


                         transition initiatives

       For necessary expenses for international disaster 
     rehabilitation and reconstruction assistance pursuant to 
     section 491 of the Foreign Assistance Act of 1961, 
     $55,000,000, to remain available until expended, to support 
     transition to democracy and to long-term development of 
     countries in crisis: Provided, That such support may include 
     assistance to develop, strengthen, or preserve democratic 
     institutions and processes, revitalize basic infrastructure, 
     and foster the peaceful resolution of conflict: Provided 
     further, That the United States Agency for International 
     Development shall submit a report to the Committees on 
     Appropriations at least 5 days prior to beginning a new 
     program of assistance: Provided further, That if the 
     President determines that is important to the national 
     interests of the

[[Page 26848]]

     United States to provide transition assistance in excess of 
     the amount appropriated under this heading, up to $5,000,000 
     of the funds appropriated by this Act to carry out the 
     provisions of part I of the Foreign Assistance Act of 1961 
     may be used for purposes of this heading and under the 
     authorities applicable to funds appropriated under this 
     heading:  Provided further, That funds made available 
     pursuant to the previous proviso shall be made available 
     subject to prior consultation with the Committees on 
     Appropriations.


                      development credit authority

                     (including transfer of funds)

       For the cost of direct loans and loan guarantees, as 
     authorized by sections 108 and 635 of the Foreign Assistance 
     Act of 1961, up to $21,000,000, to remain available until 
     September 30, 2005, and to be derived by transfer from funds 
     appropriated by this Act to carry out part I of such Act and 
     under the heading ``Assistance for Eastern Europe and the 
     Baltic States'': Provided, That such costs, including the 
     cost of modifying such direct and guaranteed loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974, as amended: Provided further,  That funds made 
     available by this paragraph and under this heading in prior 
     Acts making appropriations for foreign operations, export 
     financing, and related programs, may be used for the cost of 
     modifying any such guaranteed loans under this Act or prior 
     Acts.
       In addition, for administrative expenses to carry out 
     credit programs administered by the United States Agency for 
     International Development, $8,000,000, to remain available 
     until September 30, 2004, which may be transferred to and 
     merged with the appropriation for Operating Expenses of the 
     United States Agency for International Development.


     payment to the foreign service retirement and disability fund

       For payment to the ``Foreign Service Retirement and 
     Disability Fund'', as authorized by the Foreign Service Act 
     of 1980, $43,859,000.


   operating expenses of the united states agency for international 
                              development

       For necessary expenses to carry out the provisions of 
     section 667, $604,100,000, of which up to $25,000,000 may 
     remain available until September 30, 2005: Provided, That 
     none of the funds appropriated under this heading and under 
     the heading ``Capital Investment Fund'' may be made available 
     to finance the construction (including architect and 
     engineering services), purchase, or long term lease of 
     offices for use by the United States Agency for International 
     Development, unless the Administrator has identified such 
     proposed construction (including architect and engineering 
     services), purchase, or long term lease of offices in a 
     report submitted to the Committees on Appropriations at least 
     15 days prior to the obligation of these funds for such 
     purposes: Provided further, That contracts or agreements 
     entered into with funds appropriated under this heading may 
     entail commitments for the expenditure of such funds through 
     fiscal year 2005: Provided further, That the previous proviso 
     shall not apply where the total cost of construction 
     (including architect and engineering services), purchase, or 
     long term lease of offices does not exceed $1,000,000.


                        Capital investment fund

       For necessary expenses for overseas construction and 
     related costs, and for the procurement and enhancement of 
     information technology and related capital investments, 
     pursuant to section 667, $100,000,000, to remain available 
     until expended: Provided, That this amount is in addition to 
     funds otherwise available for such purposes: Provided 
     further, That the Administrator of the United States Agency 
     for International Development shall assess fair and 
     reasonable rental payments for the use of space by employees 
     of other United States Government agencies in buildings 
     constructed using funds appropriated under this heading, and 
     such rental payments shall be deposited into this account as 
     an offsetting collection: Provided further, That the rental 
     payments collected pursuant to the previous proviso and 
     deposited as an offsetting collection shall be available for 
     obligation only pursuant to the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That the assignment of United States Government 
     employees or contractors to space in buildings constructed 
     using funds appropriated under this heading shall be subject 
     to the concurrence of the Administrator of the United States 
     Agency for International Development: Provided further, That 
     funds appropriated under this heading shall be available for 
     obligation only pursuant to the regular notification 
     procedures of the Committees on Appropriations.


   operating expenses of the united states agency for international 
                development office of inspector general

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance Act of 1961, 
     $35,000,000, to remain available until September 30, 2005, 
     which sum shall be available for the Office of the Inspector 
     General of the United States Agency for International 
     Development.

                  Other Bilateral Economic Assistance


                         economic support fund

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II, $2,415,000,000, to remain available 
     until September 30, 2005: Provided, That of the funds 
     appropriated under this heading, not less than $480,000,000 
     shall be available only for Israel, which sum shall be 
     available on a grant basis as a cash transfer and shall be 
     disbursed within 30 days of the enactment of this Act: 
     Provided further, That not less than $575,000,000 shall be 
     available only for Egypt, which sum shall be provided on a 
     grant basis, and of which sum cash transfer assistance shall 
     be provided with the understanding that Egypt will undertake 
     significant economic reforms which are additional to those 
     which were undertaken in previous fiscal years, and of which 
     not less than $200,000,000 shall be provided as Commodity 
     Import Program assistance: Provided further, That of the 
     funds made available pursuant to the previous proviso, 
     $2,000,000 shall be made available for the Ibn Khaldun Center 
     for Development: Provided further, That the Government of 
     Egypt should promptly provide the United States Embassy in 
     Cairo with assurances that it will honor contracts entered 
     into with United States companies in a timely manner: 
     Provided further, That in exercising the authority to provide 
     cash transfer assistance for Israel, the President shall 
     ensure that the level of such assistance does not cause an 
     adverse impact on the total level of nonmilitary exports from 
     the United States to such country and that Israel enters into 
     a side letter agreement in an amount proportional to the 
     fiscal year 1999 agreement: Provided further, That of the 
     funds appropriated under this heading, not less than 
     $250,000,000 shall be made available for assistance for 
     Jordan: Provided further, That of the funds appropriated 
     under this heading, up to $5,000,000 may be made available 
     for the Yitzhak Rabin Center for Israel Studies in Tel Aviv, 
     Israel, and up to $5,000,000 may be made available for the 
     Center for Human Dignity Museum of Tolerance in Jerusalem, 
     Israel: Provided further, That of the funds appropriated 
     under this heading, up to $1,000,000 should be used to 
     further legal reforms in the West Bank and Gaza, including 
     judicial training on commercial disputes and ethics: Provided 
     further, That of the funds appropriated under this heading 
     that are made available for assistance for Pakistan, not less 
     than $10,000,000 should be made available to support programs 
     and activities conducted by indigenous organizations that 
     seek to further educational, health, employment, and other 
     opportunities for the people of Pakistan: Provided further, 
     That of the funds made available for indigenous organizations 
     pursuant to the previous proviso, $4,000,000 should be made 
     available for the Pakistan Human Development Fund and 
     $1,000,000 for the Amanut Society: Provided further, That 
     $15,000,000 of the funds appropriated under this heading 
     shall be made available for Cyprus to be used only for 
     scholarships, administrative support of the scholarship 
     program, bicommunal projects, and measures aimed at 
     reunification of the island and designed to reduce tensions 
     and promote peace and cooperation between the two communities 
     on Cyprus: Provided further, That $35,000,000 of the funds 
     appropriated under this heading shall be made available for 
     assistance for Lebanon, of which not less than $4,000,000 
     shall be made available only for American educational 
     institutions for scholarships and other programs: Provided 
     further, That notwithstanding section 634(a) of this Act, 
     funds appropriated under this heading that are made available 
     for assistance for the Central Government of Lebanon shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations: Provided further, That the 
     Government of Lebanon should enforce the custody and 
     international pickup orders, issued during calendar year 
     2001, of Lebanon's civil courts regarding abducted American 
     children in Lebanon: Provided further, That of the funds 
     appropriated under this heading, not less than $10,000,000 
     shall be made available for programs and activities in rural 
     Mexico to promote microcredit lending, small business and 
     entrepreneurial development, and private property ownership 
     in rural communities, and to support small farmers who have 
     been affected by adverse economic conditions: Provided 
     further, That funds made available pursuant to the previous 
     proviso may be made available only if the case involving 
     three Americans arrested in Oaxaca, Mexico on October 6, 
     2003, in connection with a private property dispute is 
     resolved satisfactorily, and such funds shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations: Provided further, That of the funds 
     appropriated under this heading, not less than $25,000,000 
     shall be made available for assistance for the Democratic 
     Republic of Timor-Leste to support subsistence agriculture 
     and other income generating opportunities, expand basic 
     education and vocational training, strengthen the judiciary, 
     promote good governance and the sustainable use of natural 
     resources, and improve health care and other basic human 
     services and physical infrastructure, of which up to 
     $1,000,000 may be available for administrative expenses of 
     the United States Agency for International Development: 
     Provided further, That of the funds made available under this 
     heading, not less than $2,500,000 shall be made available, in 
     addition to amounts otherwise available for such purposes, as 
     a United States contribution to the Office of the United 
     Nations High Commissioner for Human Rights, to support its 
     activities including human rights training for peacekeepers, 
     activities to address trafficking in persons, monitoring and 
     field activities: Provided further, That of the funds 
     appropriated under this heading, not less than $250,000 shall 
     be made available to support the Commission to Investigate 
     Illegal Groups and Clandestine Security Apparatus in 
     Guatemala: Provided further, That of the funds appropriated 
     under this heading, not less than $2,500,000 shall be made 
     available for assistance for countries to implement and 
     enforce the Kimberley Process Certification Scheme: Provided 
     further, That funds

[[Page 26849]]

     appropriated under this heading may be used, notwithstanding 
     any other provision of law, to provide assistance to the 
     National Democratic Alliance of Sudan to strengthen its 
     ability to protect civilians from attacks, slave raids, and 
     aerial bombardment by the Sudanese Government forces and its 
     militia allies, and the provision of such funds shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations: Provided further, That in the 
     previous proviso, the term ``assistance'' includes non-
     lethal, non-food aid such as blankets, medicine, fuel, mobile 
     clinics, water drilling equipment, communications equipment 
     to notify civilians of aerial bombardment, non-military 
     vehicles, tents, and shoes: Provided further, That of the 
     funds appropriated under this heading, not less than 
     $2,500,000 shall be made available during fiscal year 2004 
     for a contribution to the Special Court for Sierra Leone: 
     Provided further, That of the funds appropriated under this 
     heading, not less than $3,500,000 should be made available 
     for East Asia and Pacific Environment Initiatives: Provided 
     further, That of the funds appropriated under this heading, 
     $10,000,000 shall be made available to continue to support 
     the provision of wheelchairs for needy persons in developing 
     countries: Provided further, That of the funds appropriated 
     under this heading, $3,000,000 should be made available for 
     the Foundation for Security and Sustainability: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $350,000 should be made available, 
     notwithstanding any other provision of law, for the National 
     Endowment for Democracy to support democracy and human rights 
     in North Korea: Provided further,  That of the funds 
     appropriated under this heading, up to $1,000,000 should be 
     made available for a program to promote greater understanding 
     and interaction among youth in Albania, Kosovo, Montenegro 
     and Macedonia: Provided further, That of the funds made 
     available under this heading and the heading ``Office of 
     Transition Initiatives'', not less than $5,000,000 shall be 
     made available for disarmament, demobilization, and 
     reintegration of child soldiers in Liberia: Provided further, 
     That of the funds appropriated under this heading, up to 
     $15,000,000 should be made available as a United States 
     contribution to the Organization of American States for 
     expenses related to the OAS Special Mission in Haiti and the 
     implementation of OAS Resolution 822 and subsequent 
     resolutions related to improving security and the holding of 
     elections to resolve the political impasse created by the 
     disputed May 2000 election: Provided further, That with 
     respect to funds appropriated under this heading in this Act 
     or prior Acts making appropriations for foreign operations, 
     export financing, and related programs, the responsibility 
     for policy decisions and justifications for the use of such 
     funds, including whether there will be a program for a 
     country that uses those funds and the amount of each such 
     program, shall be the responsibility of the Secretary of 
     State and the Deputy Secretary of State and this 
     responsibility shall not be delegated.


              ACTIVITIES TO COMBAT HIV/AIDS GLOBALLY FUND

       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961 for the prevention, treatment, 
     and control of, and research on, HIV/AIDS, $700,000,000, to 
     remain available until expended: Provided, That of the funds 
     appropriated under this heading, up to $250,000,000 may be 
     made available, notwithstanding any other provision of law, 
     except for the United States Leadership Against HIV/AIDS, 
     Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 
     U.S.C. 7601 et seq.) as amended by section 699J of this Act, 
     for a United States contribution to the Global Fund to Fight 
     AIDS, Tuberculosis and Malaria: Provided further, That such 
     contribution shall be expended at the minimum rate necessary 
     to make timely payment for projects and activities: Provided 
     further, That of the funds appropriated under this heading, 
     $150,000,000 is made available for the International Mother 
     and Child HIV Prevention Initiative: Provided further, That 
     funds made available for HIV/AIDS programs and activities 
     under the headings ``Child Survival and Health Programs 
     Fund'', ``Economic Support Fund'', ``Assistance for Eastern 
     Europe and the Baltic States'' and ``Assistance for the 
     Independent States of the Former Soviet Union'' in this Act 
     may be transferred to and merged with funds appropriated 
     under this heading: Provided further, That of the funds 
     appropriated under this heading, $20,000,000 may be 
     apportioned directly to the Peace Corps to remain available 
     until expended for necessary expenses to carry out activities 
     to combat HIV/AIDS, tuberculosis and malaria: Provided 
     further, That of the funds appropriated under this heading, 
     funds shall be made available to the World Health 
     Organization's HIV/AIDS, Tuberculosis and Malaria Cluster: 
     Provided further, That of the funds appropriated under this 
     heading, not more than $8,000,000 may be made available for 
     administrative expenses of the office of the ``Coordinator of 
     United States Government Activities to Combat HIV/AIDS 
     Globally'' of the Department of State: Provided further, That 
     of the funds appropriated under this heading, not less than 
     $28,000,000 shall be made available for a United States 
     contribution to UNAIDS: Provided further, That the 
     Coordinator should seek to ensure that an appropriate percent 
     of the budget for prevention and treatment programs of the 
     Global Fund to Fight AIDS, Tuberculosis and Malaria is made 
     available to support technical assistance to ensure the 
     quality of such programs: Provided further, That of the funds 
     appropriated under this heading, not less than $29,000,000 
     shall be made available for injection safety programs, 
     including national planning, the provision and international 
     transport of nonreusable autodisposable syringes or other 
     safe injection equipment, public education, training of 
     health providers, waste management, and publication of 
     quantitative results: Provided further, That of the funds 
     appropriated under this heading, not less than $46,000,000 
     shall be made available for blood safety programs, including 
     the establishment and support of national blood services, the 
     provision of rapid HIV test kits, staff training, and quality 
     assurance programs.


          assistance for eastern europe and the baltic states

       (a) For necessary expenses to carry out the provisions of 
     the Foreign Assistance Act of 1961 and the Support for East 
     European Democracy (SEED) Act of 1989, $445,000,000, to 
     remain available until September 30, 2005, which shall be 
     available, notwithstanding any other provision of law, for 
     assistance and for related programs for Eastern Europe and 
     the Baltic States: Provided, That of the funds appropriated 
     under this heading that are made available for assistance for 
     Bulgaria, $3,000,000 should be made available to enhance 
     safety at nuclear power plants: Provided further, That of the 
     funds appropriated under this heading, and under the headings 
     ``Assistance for the Independent States of the Former Soviet 
     Union'' and ``Economic Support Fund'', not less than 
     $50,000,000 shall be made available for programs for the 
     prevention, treatment, and control of, and research on, HIV/
     AIDS, tuberculosis, and malaria.
       (b) Funds appropriated under this heading or in prior 
     appropriations Acts that are or have been made available for 
     an Enterprise Fund may be deposited by such Fund in interest-
     bearing accounts prior to the Fund's disbursement of such 
     funds for program purposes. The Fund may retain for such 
     program purposes any interest earned on such deposits without 
     returning such interest to the Treasury of the United States 
     and without further appropriation by the Congress. Funds made 
     available for Enterprise Funds shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities.
       (c) Funds appropriated under this heading shall be 
     considered to be economic assistance under the Foreign 
     Assistance Act of 1961 for purposes of making available the 
     administrative authorities contained in that Act for the use 
     of economic assistance.
       (d) With regard to funds appropriated under this heading 
     for the economic revitalization program in Bosnia and 
     Herzegovina, and local currencies generated by such funds 
     (including the conversion of funds appropriated under this 
     heading into currency used by Bosnia and Herzegovina as local 
     currency and local currency returned or repaid under such 
     program) the Administrator of the United States Agency for 
     International Development shall provide written approval for 
     grants and loans prior to the obligation and expenditure of 
     funds for such purposes, and prior to the use of funds that 
     have been returned or repaid to any lending facility or 
     grantee.
       (e) The provisions of section 629 of this Act shall apply 
     to funds made available under subsection (d) and to funds 
     appropriated under this heading: Provided, That 
     notwithstanding any provision of this or any other Act, 
     including provisions in this subsection regarding the 
     application of section 629 of this Act, local currencies 
     generated by, or converted from, funds appropriated by this 
     Act and by previous appropriations Acts and made available 
     for the economic revitalization program in Bosnia may be used 
     in Eastern Europe and the Baltic States to carry out the 
     provisions of the Foreign Assistance Act of 1961 and the 
     Support for East European Democracy (SEED) Act of 1989.
       (f) The President is authorized to withhold funds 
     appropriated under this heading made available for economic 
     revitalization programs in Bosnia and Herzegovina, if he 
     determines and certifies to the Committees on Appropriations 
     that the Federation of Bosnia and Herzegovina has not 
     complied with article III of annex 1-A of the General 
     Framework Agreement for Peace in Bosnia and Herzegovina 
     concerning the withdrawal of foreign forces, and that 
     intelligence cooperation on training, investigations, and 
     related activities between state sponsors of terrorism and 
     terrorist organizations and Bosnian officials has not been 
     terminated.


    assistance for the independent states of the former soviet union

       (a) For necessary expenses to carry out the provisions of 
     chapters 11 and 12 of part I of the Foreign Assistance Act of 
     1961 and the FREEDOM Support Act, for assistance for the 
     Independent States of the former Soviet Union and for related 
     programs, $596,000,000, to remain available until September 
     30, 2005: Provided, That the provisions of such chapters 
     shall apply to funds appropriated by this paragraph: Provided 
     further, That of the funds made available for the Southern 
     Caucasus region, notwithstanding any other provision of law, 
     funds may be used for confidence-building measures and other 
     activities in furtherance of the peaceful resolution of the 
     regional conflicts, especially those in the vicinity of 
     Abkhazia and Nagorno-Karabagh: Provided further, That of the 
     funds appropriated under this heading, $20,000,000 shall be 
     made available solely for assistance for the Russian Far 
     East: Provided further, That $5,000,000 shall be made 
     available to promote freedom of the media and an independent 
     media in Russia: Provided further, That not less than 
     $3,000,000 shall be made available for programs

[[Page 26850]]

     and activities authorized under section 307 of the FREEDOM 
     Support Act (Public Law 102-511): Provided further, That of 
     the funds appropriated under this heading, $500,000 shall be 
     made available to support democracy building programs in 
     Russia through the Sakharov Archives: Provided further, That, 
     notwithstanding any other provision of law, funds 
     appropriated under this heading in this Act or prior Acts 
     making appropriations for foreign operations, export 
     financing, and related programs, that are made available 
     pursuant to the provisions of section 807 of Public Law 102-
     511 shall be subject to a 6 percent ceiling on administrative 
     expenses.
       (b) Of the funds appropriated under this heading that are 
     made available for assistance for Ukraine, not less than 
     $20,000,000 shall be made available for nuclear reactor 
     safety initiatives, of which $14,000,000 should be for 
     simulator-related projects; and not less than $2,000,000 
     shall be made available for coal mine safety programs.
       (c) Of the funds appropriated under this heading, 
     $75,000,000 should be made available for assistance for 
     Georgia.
       (d) Of the funds appropriated under this heading, not less 
     than $75,000,000 shall be made available for assistance for 
     Armenia.
       (e)(1) Of the funds appropriated under this heading that 
     are allocated for assistance for the Government of the 
     Russian Federation, 60 percent shall be withheld from 
     obligation until the President determines and certifies in 
     writing to the Committees on Appropriations that the 
     Government of the Russian Federation:
       (A) has terminated implementation of arrangements to 
     provide Iran with technical expertise, training, technology, 
     or equipment necessary to develop a nuclear reactor, related 
     nuclear research facilities or programs, or ballistic missile 
     capability; and
       (B) is providing full access to international non-
     government organizations providing humanitarian relief to 
     refugees and internally displaced persons in Chechnya.
       (2) Paragraph (1) shall not apply to--
       (A) assistance to combat infectious diseases, child 
     survival activities, or assistance for victims of trafficking 
     in persons; and
       (B) activities authorized under title V (Nonproliferation 
     and Disarmament Programs and Activities) of the FREEDOM 
     Support Act.
       (f) Section 907 of the FREEDOM Support Act shall not apply 
     to--
       (1) activities to support democracy or assistance under 
     title V of the FREEDOM Support Act and section 1424 of Public 
     Law 104-201 or non-proliferation assistance;
       (2) any assistance provided by the Trade and Development 
     Agency under section 661 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2421);
       (3) any activity carried out by a member of the United 
     States and Foreign Commercial Service while acting within his 
     or her official capacity;
       (4) any insurance, reinsurance, guarantee or other 
     assistance provided by the Overseas Private Investment 
     Corporation under title IV of chapter 2 of part I of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
       (5) any financing provided under the Export-Import Bank Act 
     of 1945; or
       (6) humanitarian assistance.

                          Independent Agencies


                       INTER-AMERICAN FOUNDATION

       For necessary expenses to carry out the functions of the 
     Inter-American Foundation in accordance with the provisions 
     of section 401 of the Foreign Assistance Act of 1969, 
     $16,334,000, to remain available until September 30, 2005.


                     AFRICAN DEVELOPMENT FOUNDATION

       For necessary expenses to carry out title V of the 
     International Security and Development Cooperation Act of 
     1980, Public Law 96-533, $18,689,000, to remain available 
     until September 30, 2005: Provided, That funds made available 
     to grantees may be invested pending expenditure for project 
     purposes when authorized by the board of directors of the 
     Foundation: Provided further, That interest earned shall be 
     used only for the purposes for which the grant was made: 
     Provided further, That notwithstanding section 505(a)(2) of 
     the African Development Foundation Act, in exceptional 
     circumstances the board of directors of the Foundation may 
     waive the $250,000 limitation contained in that section with 
     respect to a project: Provided further, That the Foundation 
     shall provide a report to the Committees on Appropriations 
     after each time such waiver authority is exercised.


                              peace corps

       For necessary expenses to carry out the provisions of the 
     Peace Corps Act (75 Stat. 612), $310,000,000, including the 
     purchase of not to exceed five passenger motor vehicles for 
     administrative purposes for use outside of the United States: 
     Provided, That none of the funds appropriated under this 
     heading shall be used to pay for abortions: Provided further, 
     That funds appropriated under this heading shall remain 
     available until September 30, 2005: Provided further, That 
     during fiscal year 2004 and any subsequent fiscal year, the 
     Director of the Peace Corps may make appointments or 
     assignments, or extend current appointments or assignments, 
     to permit United States citizens to serve for periods in 
     excess of 5 years in the case of individuals whose 
     appointment or assignment, such as regional safety security 
     officers and employees within the Office of the Inspector 
     General, involves the safety of Peace Corps volunteers: 
     Provided further, That the Director of the Peace Corps may 
     make such appointments or assignments notwithstanding the 
     provisions of section 7 of the Peace Corps Act limiting the 
     length of an appointment or assignment, the circumstances 
     under which such an appointment or assignment may exceed 5 
     years, and the percentage of appointments or assignments that 
     can be made in excess of 5 years.

                          Department of State


          international narcotics control and law enforcement

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961, $284,550,000, to remain 
     available until expended: Provided, That during fiscal year 
     2004, the Department of State may also use the authority of 
     section 608 of the Foreign Assistance Act of 1961, without 
     regard to its restrictions, to receive excess property from 
     an agency of the United States Government for the purpose of 
     providing it to a foreign country under chapter 8 of part I 
     of that Act subject to the regular notification procedures of 
     the Committees on Appropriations: Provided further, That of 
     the funds appropriated under this heading, $20,000,000 should 
     be made available for anti-trafficking in persons programs, 
     including trafficking prevention, protection and assistance 
     for victims, and prosecution of traffickers: Provided 
     further, That of the funds appropriated under this heading, 
     $7,105,000 should be made available for the International Law 
     Enforcement Academy in Roswell, New Mexico, of which 
     $2,105,000 should be made available for construction and 
     completion of a new facility: Provided further, That of the 
     funds appropriated under this heading, not more than 
     $25,117,000 may be available for administrative expenses: 
     Provided further, That $5,000,000 of amounts made available 
     under this heading shall be for combating piracy of United 
     States intellectual property.


                     andean counterdrug initiative

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961 to support counterdrug 
     activities in the Andean region of South America, 
     $660,000,000, to remain available until expended: Provided, 
     That in addition to the funds appropriated under this heading 
     and subject to the regular notification procedures of the 
     Committees on Appropriations, the President may make 
     available up to an additional $37,000,000 for the Andean 
     Counterdrug Initiative, which may be derived from funds 
     appropriated under the heading ``International Narcotics 
     Control and Law Enforcement'' in this Act and in prior Acts 
     making appropriations for foreign operations, export 
     financing, and related programs: Provided further, That in 
     fiscal year 2004, funds available to the Department of State 
     for assistance to the Government of Colombia shall be 
     available to support a unified campaign against narcotics 
     trafficking, against activities by organizations designated 
     as terrorist organizations such as the Revolutionary Armed 
     Forces of Colombia (FARC), the National Liberation Army 
     (ELN), and the United Self-Defense Forces of Colombia (AUC), 
     and to take actions to protect human health and welfare in 
     emergency circumstances, including undertaking rescue 
     operations: Provided further, That this authority shall cease 
     to be effective if the Secretary of State has credible 
     evidence that the Colombian Armed Forces are not conducting 
     vigorous operations to restore government authority and 
     respect for human rights in areas under the effective control 
     of paramilitary and guerrilla organizations: Provided 
     further, That the President shall ensure that if any 
     helicopter procured with funds under this heading is used to 
     aid or abet the operations of any illegal self-defense group 
     or illegal security cooperative, such helicopter shall be 
     immediately returned to the United States: Provided further, 
     That the Secretary of State, in consultation with the 
     Administrator of the United States Agency for International 
     Development, shall provide to the Committees on 
     Appropriations not later than 45 days after the date of the 
     enactment of this Act and prior to the initial obligation of 
     funds appropriated under this heading, a report on the 
     proposed uses of all funds under this heading on a country-
     by-country basis for each proposed program, project, or 
     activity: Provided further, That of the funds appropriated 
     under this heading, not less than $250,000,000 shall be 
     apportioned directly to the United States Agency for 
     International Development, to be used for alternative 
     development/institution building including judicial reform, 
     of which not less than $165,000,000 shall be made available 
     for such purposes in Colombia: Provided further, That of the 
     funds appropriated under this heading, not less than 
     $25,000,000 shall be made available for judicial reform in 
     Colombia: Provided further, That of the funds appropriated 
     under this heading, in addition to funds made available 
     pursuant to the previous proviso, not less than $2,500,000 
     shall be made available to protect human rights defenders in 
     Colombia, not less than $3,500,000 shall be made available 
     for the United Nations Office of the High Commissioner for 
     Human Rights in Colombia, not less than $10,000,000 shall be 
     made available for assistance for the Colombian Attorney 
     General's Human Rights Unit, and not less than $2,500,000 
     shall be made available for assistance for the human rights 
     unit of the Colombian Procuraduria: Provided further, That 
     not more than 20 percent of the funds appropriated by this 
     Act that are used for the procurement of chemicals for aerial 
     coca and poppy fumigation programs may be made available for 
     such programs unless the Secretary of State, after 
     consultation with the Administrator of the Environmental 
     Protection Agency (EPA), certifies to the Committees on 
     Appropriations that: (1) the herbicide mixture is being used 
     in accordance with EPA label requirements for comparable use 
     in the United States and any additional controls

[[Page 26851]]

     recommended by the EPA for this program, and with the 
     Colombian Environmental Management Plan for aerial 
     fumigation; and (2) the herbicide mixture, in the manner it 
     is being used, does not pose unreasonable risks or adverse 
     effects to humans or the environment: Provided further, That 
     such funds may not be made available unless the Secretary of 
     State certifies to the Committees on Appropriations that 
     complaints of harm to health or licit crops caused by such 
     fumigation are evaluated and fair compensation is being paid 
     for meritorious claims: Provided further,  That such funds 
     may not be made available for such purposes unless programs 
     are being implemented by the United States Agency for 
     International Development, the Government of Colombia, or 
     other organizations, in consultation with local communities, 
     to provide alternative sources of income in areas where 
     security permits for small-acreage growers whose illicit 
     crops are targeted for fumigation: Provided further, That of 
     the funds appropriated under this heading, not less than 
     $2,500,000 shall be made available for continued training, 
     equipment, and other assistance for the Colombian National 
     Park Service: Provided further, That none of the funds 
     appropriated by this Act shall be made available for aerial 
     fumigation within Colombia's national parks: Provided 
     further, That section 482(b) of the Foreign Assistance Act of 
     1961 shall not apply to funds appropriated under this 
     heading: Provided further, That assistance provided with 
     funds appropriated under this heading that is made available 
     notwithstanding section 482(b) of the Foreign Assistance Act 
     of 1961, as amended, and funds appropriated by this Act that 
     are made available for Colombia, shall be made available 
     subject to the regular notification procedures of the 
     Committees on Appropriations: Provided further, That the 
     provisions of section 3204(b) through (d) of Public Law 106-
     246, as amended by Public Law 107-115, shall be applicable to 
     funds appropriated for fiscal year 2004: Provided further, 
     That no United States Armed Forces personnel or United States 
     civilian contractor employed by the United States will 
     participate in any combat operation in connection with 
     assistance made available by this Act for Colombia: Provided 
     further, That funds appropriated under this heading that are 
     available for the Bolivian military and police may be made 
     available if the Secretary of State determines and reports to 
     the Committees on Appropriations that (1) the Bolivian 
     Government is vigorously investigating and prosecuting 
     members of the Bolivian military and police who have been 
     credibly alleged to have committed gross violations of human 
     rights and is promptly punishing those found to have 
     committed such violations; and (2) the Bolivian military and 
     police are cooperating with such investigations and 
     prosecutions: Provided further, That of the funds 
     appropriated under this heading, not more than $16,285,000 
     may be available for administrative expenses of the 
     Department of State, and not more than $4,500,000 may be 
     available, in addition to amounts otherwise available for 
     such purposes, for administrative expenses of the United 
     States Agency for International Development.


                    migration and refugee assistance

       For expenses, not otherwise provided for, necessary to 
     enable the Secretary of State to provide, as authorized by 
     law, a contribution to the International Committee of the Red 
     Cross, assistance to refugees, including contributions to the 
     International Organization for Migration and the United 
     Nations High Commissioner for Refugees, and other activities 
     to meet refugee and migration needs; salaries and expenses of 
     personnel and dependents as authorized by the Foreign Service 
     Act of 1980; allowances as authorized by sections 5921 
     through 5925 of title 5, United States Code; purchase and 
     hire of passenger motor vehicles; and services as authorized 
     by section 3109 of title 5, United States Code, $760,197,000, 
     which shall remain available until expended: Provided, That 
     not more than $21,000,000 may be available for administrative 
     expenses: Provided further, That not less than $50,000,000 of 
     the funds made available under this heading shall be made 
     available for refugees from the former Soviet Union and 
     Eastern Europe and other refugees resettling in Israel: 
     Provided further, That funds appropriated under this heading 
     may be made available for a headquarters contribution to the 
     International Committee of the Red Cross only if the 
     Secretary of State determines (and so reports to the 
     appropriate committees of Congress) that the Magen David Adom 
     Society of Israel is not being denied participation in the 
     activities of the International Red Cross and Red Crescent 
     Movement: Provided further, That funds made available under 
     this heading should be made available to international 
     organizations for assistance for refugees from North Korea: 
     Provided further, That funds made available under this 
     heading should be made available for assistance for persons 
     in Thailand who fled Burma for humanitarian or other reasons: 
     Provided further, That none of the funds appropriated by this 
     Act shall be provided to the central Government of Nepal 
     until the Secretary of State determines and reports to the 
     Committees on Appropriations that the Government of Nepal is 
     cooperating with the United Nations High Commissioner for 
     Refugees and other appropriate international organizations on 
     issues concerning the protection of refugees from Tibet.


     united states emergency refugee and migration assistance fund

       For necessary expenses to carry out the provisions of 
     section 2(c) of the Migration and Refugee Assistance Act of 
     1962, as amended (22 U.S.C. 2601(c)), $40,000,000, to remain 
     available until expended: Provided, That funds made available 
     under this heading are appropriated notwithstanding the 
     provisions contained in section 2(c)(2) of such Act which 
     would limit the amount of funds which could be appropriated 
     for this purpose.


    nonproliferation, anti-terrorism, demining and related programs

       For necessary expenses for nonproliferation, anti-
     terrorism, demining and related programs and activities, 
     $385,200,000, to carry out the provisions of chapter 8 of 
     part II of the Foreign Assistance Act of 1961 for anti-
     terrorism assistance, chapter 9 of part II of the Foreign 
     Assistance Act of 1961, section 504 of the FREEDOM Support 
     Act, section 23 of the Arms Export Control Act or the Foreign 
     Assistance Act of 1961 for demining activities, the clearance 
     of unexploded ordnance, the destruction of small arms, and 
     related activities, notwithstanding any other provision of 
     law, including activities implemented through nongovernmental 
     and international organizations, and section 301 of the 
     Foreign Assistance Act of 1961 for a voluntary contribution 
     to the International Atomic Energy Agency (IAEA), and for a 
     United States contribution to the Comprehensive Nuclear Test 
     Ban Treaty Preparatory Commission: Provided, That of this 
     amount not to exceed $35,000,000, to remain available until 
     expended, may be made available for the Nonproliferation and 
     Disarmament Fund, notwithstanding any other provision of law, 
     to promote bilateral and multilateral activities relating to 
     nonproliferation and disarmament: Provided further, That such 
     funds may also be used for such countries other than the 
     Independent States of the former Soviet Union and 
     international organizations when it is in the national 
     security interest of the United States to do so: Provided 
     further, That funds appropriated under this heading may be 
     made available for the International Atomic Energy Agency 
     only if the Secretary of State determines (and so reports to 
     the Congress) that Israel is not being denied its right to 
     participate in the activities of that Agency: Provided 
     further, That of the funds appropriated under this heading, 
     $19,300,000 shall be made available for a United States 
     contribution to the Comprehensive Nuclear Test Ban Treaty 
     Preparatory Commission: Provided further, That 
     notwithstanding the previous proviso, funds earmarked in the 
     previous proviso that are not made available during fiscal 
     year 2004 for a contribution to the Comprehensive Nuclear 
     Test Ban Treaty Preparatory Commission and that are not 
     necessary to make the United States contribution to the 
     Commission in the amount assessed for fiscal year 2004 shall 
     be made available for a voluntary contribution to the 
     International Atomic Energy Agency and shall remain available 
     until September 30, 2005: Provided further, That of the funds 
     made available for demining and related activities, not to 
     exceed $690,000, in addition to funds otherwise available for 
     such purposes, may be used for administrative expenses 
     related to the operation and management of the demining 
     program: Provided further, That the Secretary of State is 
     authorized to provide not to exceed $250,000 for public-
     private partnerships for mine action by grant, cooperative 
     agreement, or contract.

                       Department of the Treasury


               International Affairs Technical Assistance

       For necessary expenses to carry out the provisions of 
     section 129 of the Foreign Assistance Act of 1961 (relating 
     to international affairs technical assistance activities), 
     $12,000,000, to remain available until September 30, 2006, 
     which shall be available notwithstanding any other provision 
     of law.


                           DEBT RESTRUCTURING

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees, as the President may determine, for which funds 
     have been appropriated or otherwise made available for 
     programs within the International Affairs Budget Function 
     150, including the cost of selling, reducing, or canceling 
     amounts owed to the United States as a result of concessional 
     loans made to eligible countries, pursuant to parts IV and V 
     of the Foreign Assistance Act of 1961, and of modifying 
     concessional credit agreements with least developed 
     countries, as authorized under section 411 of the 
     Agricultural Trade Development and Assistance Act of 1954, as 
     amended, and concessional loans, guarantees and credit 
     agreements, as authorized under section 572 of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 1989 (Public Law 100-461), and of 
     canceling amounts owed, as a result of loans or guarantees 
     made pursuant to the Export-Import Bank Act of 1945, by 
     countries that are eligible for debt reduction pursuant to 
     title V of H.R. 3425 as enacted into law by section 
     1000(a)(5) of Public Law 106-113, $195,000,000, to remain 
     available until expended: Provided, That not less than 
     $20,000,000 of the funds appropriated under this heading 
     shall be made available to carry out the provisions of part V 
     of the Foreign Assistance Act of 1961: Provided further, That 
     $75,000,000 of the funds appropriated under this heading may 
     be used by the Secretary of the Treasury to pay to the 
     Heavily Indebted Poor Countries (HIPC) Trust Fund 
     administered by the International Bank for Reconstruction and 
     Development amounts for the benefit of countries that are 
     eligible for debt reduction pursuant to title V of H.R. 3425 
     as enacted into law by section 1000(a)(5) of Public Law 106-
     113: Provided further, That amounts paid to the HIPC Trust 
     Fund may be used only to fund debt reduction under the 
     enhanced HIPC initiative by--
       (1) the Inter-American Development Bank;

[[Page 26852]]

       (2) the African Development Fund;
       (3) the African Development Bank; and
       (4) the Central American Bank for Economic Integration:
     Provided further, That funds may not be paid to the HIPC 
     Trust Fund for the benefit of any country if the Secretary of 
     State has credible evidence that the government of such 
     country is engaged in a consistent pattern of gross 
     violations of internationally recognized human rights or in 
     military or civil conflict that undermines its ability to 
     develop and implement measures to alleviate poverty and to 
     devote adequate human and financial resources to that end: 
     Provided further, That on the basis of final appropriations, 
     the Secretary of the Treasury shall consult with the 
     Committees on Appropriations concerning which countries and 
     international financial institutions are expected to benefit 
     from a United States contribution to the HIPC Trust Fund 
     during the fiscal year: Provided further, That the Secretary 
     of the Treasury shall inform the Committees on Appropriations 
     not less than 15 days in advance of the signature of an 
     agreement by the United States to make payments to the HIPC 
     Trust Fund of amounts for such countries and institutions: 
     Provided further, That the Secretary of the Treasury may 
     disburse funds designated for debt reduction through the HIPC 
     Trust Fund only for the benefit of countries that--
       (1) have committed, for a period of 24 months, not to 
     accept new market-rate loans from the international financial 
     institution receiving debt repayment as a result of such 
     disbursement, other than loans made by such institutions to 
     export-oriented commercial projects that generate foreign 
     exchange which are generally referred to as ``enclave'' 
     loans; and
       (2) have documented and demonstrated their commitment to 
     redirect their budgetary resources from international debt 
     repayments to programs to alleviate poverty and promote 
     economic growth that are additional to or expand upon those 
     previously available for such purposes:
     Provided further, That any limitation of subsection (e) of 
     section 411 of the Agricultural Trade Development and 
     Assistance Act of 1954 shall not apply to funds appropriated 
     under this heading: Provided further, That none of the funds 
     made available under this heading in this or any other 
     appropriations Act shall be made available for Sudan or Burma 
     unless the Secretary of the Treasury determines and notifies 
     the Committees on Appropriations that a democratically 
     elected government has taken office.

               TITLE III--MILLENNIUM CHALLENGE ASSISTANCE

       Sec. 301. Short Title. This title may be cited as the 
     ``Millennium Challenge Act of 2003''.
       Sec. 302. Findings and Purposes. (a) Findings.--Congress 
     makes the following findings:
       (1) On March 14, 2002, President George W. Bush stated that 
     ``America supports the international development goals in the 
     U.N. Millennium Declaration, and believes that the goals are 
     a shared responsibility of developed and developing 
     countries.'' The President also called for a ``new compact 
     for global development, defined by new accountability for 
     both rich and poor nations'' and pledged support for 
     increased assistance from the United States through the 
     establishment of a Millennium Challenge Account for countries 
     that govern justly, invest in their own people, and encourage 
     economic freedom.
       (2) The elimination of extreme poverty and the achievement 
     of the other international development goals of the United 
     Nations Millennium Declaration adopted by the United Nations 
     General Assembly on September 8, 2000, are important 
     objectives and it is appropriate for the United States to 
     make development assistance available in a manner that will 
     assist in achieving such goals.
       (3) The availability of financial assistance through a 
     Millennium Challenge Account, linked to performance by 
     developing countries, can contribute significantly to the 
     achievement of the international development goals of the 
     United Nations Millennium Declaration.
       (b) Purposes.--The purposes of this title are--
       (1) to provide United States assistance for global 
     development through the Millennium Challenge Corporation, as 
     described in section 305; and
       (2) to provide such assistance in a manner that promotes 
     economic growth and the elimination of extreme poverty and 
     strengthens good governance, economic freedom, and 
     investments in people.
       Sec. 303. Definitions. In this title:
       (1) Board.--The term ``Board'' means the Millennium 
     Challenge Board established by section 304(c).
       (2) Candidate country.--The term ``candidate country'' 
     means a country that meets the criteria set out in section 
     306.
       (3) CEO.--The term ``CEO'' means the chief executive 
     officer of the Corporation established by section 304(b).
       (4) Corporation.--The term ``Corporation'' means the 
     Millennium Challenge Corporation established by section 
     304(a).
       (5) Eligible country.--The term ``eligible country'' means 
     a candidate country that is determined, under section 307, as 
     being eligible to receive assistance under this title.
       (6) Millennium challenge account.--The term ``Millennium 
     Challenge Account'' means the account established under 
     section 322.
       Sec. 304. Establishment and Management of the Millennium 
     Challenge Corporation. (a) Establishment of the 
     Corporation.--There is established in the executive branch a 
     corporation within the meaning of section 103 of title 5, 
     United States Code, to be known as the Millennium Challenge 
     Corporation with the powers and authorities described in this 
     title.
       (b) CEO of the Corporation.--
       (1) In general.--There shall be a chief executive officer 
     of the Corporation who shall be responsible for the 
     management of the Corporation.
       (2) Appointment.--The President shall appoint, by and with 
     the advice and consent of the Senate, the CEO.
       (3) Relationship to the secretary of state.--The CEO shall 
     report to and be under the direct authority and foreign 
     policy guidance of the Secretary of State. The Secretary of 
     State shall coordinate the provision of United States foreign 
     assistance.
       (4) Duties.--The CEO shall, in consultation with the Board, 
     direct the performance of all functions and the exercise of 
     all powers of the Corporation, including ensuring that 
     assistance under this title is coordinated with other United 
     States economic assistance programs.
       (5) Executive Level II.--Section 5313 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``Chief Executive Officer, Millennium Challenge 
     Corporation.''.
       (c) Millennium Challenge Board.--
       (1) Establishment of the board.--There is established a 
     Millennium Challenge Board.
       (2) Composition.--The Board shall be composed of the 
     following members:
       (A) The Secretary of State, who shall serve as the Chair of 
     the Board.
       (B) The Secretary of the Treasury.
       (C) The Administrator of the United States Agency for 
     International Development.
       (D) The CEO.
       (E) The United States Trade Representative.
       (2) Functions of the board.--The Board shall perform the 
     functions specified to be carried out by the Board in this 
     title.
       Sec. 305. Authorization for Millennium Challenge 
     Assistance. (a) Authority.--The Corporation is authorized to 
     provide assistance to an eligible entity consistent with the 
     purposes of this title set out in section 302(b) to conduct 
     programs or projects consistent with the objectives of a 
     Millennium Challenge Contract. Assistance provided under this 
     title may be provided notwithstanding any other provision of 
     law, except that the Corporation is prohibited from providing 
     assistance to any entity for any project which is likely to--
       (1) cause the substantial loss of United States jobs or the 
     displacement of United States production; or
       (2) pose an unreasonable or major environmental, health, or 
     safety hazard.
       (b) Exception.--Assistance under this title may not be used 
     for military assistance or training.
       (c) Form of Assistance.--Assistance under this title may be 
     provided in the form of grants to eligible entities.
       (d) Coordination.--The provision of assistance under this 
     title shall be coordinated with other United States foreign 
     assistance programs.
       (e) Applications.--An eligible entity seeking assistance 
     under this title to conduct programs or projects consistent 
     with the objectives of a Millennium Challenge Contract shall 
     submit a proposal for the use of such assistance to the Board 
     in such manner and accompanied by such information as the 
     Board may reasonably require.
       Sec. 306. Candidate Country. (a) In General.--A country is 
     a candidate country for the purposes of this title--
       (1) during fiscal year 2004, if such country is eligible to 
     receive loans from the International Development Association;
       (2) during fiscal year 2005, if the per capita income of 
     such country is less than the historical per capita income 
     cutoff of the International Development Association for that 
     year; and
       (3) during any fiscal year after 2005--
       (A) for which more than $5,000,000,000 has been 
     appropriated to the Millennium Challenge Account, if the 
     country is classified as a lower middle income country by the 
     World Bank on the first day of such fiscal year; or
       (B) for which not more than $5,000,000,000 has been 
     appropriated to such Millennium Challenge Account, the per 
     capita income of such country is less than the historical per 
     capita income cutoff of the International Development 
     Association for that year.
       (b) Limitation on Assistance to Certain Candidate 
     Countries.--In a fiscal year in which subparagraph (A) of 
     subsection (a)(3) applies with respect to determining 
     candidate countries, not more than 20 percent of the amounts 
     appropriated to the Millennium Challenge Account shall be 
     available for assistance to countries that would not be 
     candidate countries if subparagraph (B) of subsection (a)(3) 
     applied during such year.
       Sec. 307. Eligible Country. (a) Determination by the 
     Board.--The Board shall determine whether a candidate country 
     is an eligible country by evaluating the demonstrated 
     commitment of the government of the candidate country to--
       (1) just and democratic governance, including a 
     demonstrated commitment to--
       (A) promote political pluralism and the rule of law;
       (B) respect human and civil rights;
       (C) protect private property rights;
       (D) encourage transparency and accountability of 
     government; and
       (E) limit corruption;

[[Page 26853]]

       (2) economic freedom, including a demonstrated commitment 
     to economic policies that--
       (A) encourage citizens and firms to participate in global 
     trade and international capital markets;
       (B) promote private sector growth and the sustainable use 
     of natural resources; and
       (C) strengthen market forces in the economy; and
       (3) investments in the people of such country, including 
     improving the availability of educational opportunities and 
     health care for all citizens of such country.
       (b) Assessing Eligibility.--
       (1) In general.--To evaluate the demonstrated commitment of 
     a candidate country for the purposes of subsection (a), the 
     CEO shall recommend objective and quantifiable indicators, to 
     be approved by the Board, of a candidate country's 
     performance with respect to the criteria described in 
     paragraphs (1), (2), and (3) of such subsection. In 
     recognition of the essential role of women in developing 
     countries, the CEO shall ensure that such indicators, where 
     appropriate, take into account and assess the role of women 
     and girls. The approved indicators shall be used in selecting 
     eligible countries.
       (2) Annual publication of indicators.--
       (A) Initial publication.--Not later than 45 days prior to 
     the final publication of indicators under subparagraph (B) in 
     any year, the Board shall publish in the Federal Register and 
     make available on the Internet the indicators that the Board 
     proposes to use for the purposes of paragraph (1) in such 
     year.
       (B) Final publication.--Not later than 15 days prior to the 
     selection of eligible countries in any year, the Board shall 
     publish in the Federal Register and make available on the 
     Internet the indicators that are to be used for the purposes 
     of paragraph (1) in such year.
       (3) Consideration of public comment.--The Board shall 
     consider any comments on the proposed indicators published 
     under paragraph (2)(A) that are received within 30 days after 
     the publication of such indicators when selecting the 
     indicators to be used for the purposes of paragraph (1).
       Sec. 308. Eligible Entity. (a) Assistance.--Any eligible 
     entity may receive assistance under this title to carry out a 
     project in an eligible country for the purpose of making 
     progress toward achieving an objective of a Millennium 
     Challenge Contract.
       (b) Determinations of Eligibility.--The Board shall 
     determine whether a person or governmental entity is an 
     eligible entity for the purposes of this section.
       (c) Eligible Entities.--For the purposes of this section, 
     an eligible entity is--
       (1) a government, including a local or regional government; 
     or
       (2) a nongovernmental organization or other private entity.
       Sec. 309. Millennium Challenge Contract. (a) In General.--
     The Board shall invite the government of an eligible country 
     to enter into a Millennium Challenge Contract with the 
     Corporation. A Millennium Challenge Contract shall establish 
     a multiyear plan for the eligible country to achieve specific 
     objectives consistent with the purposes set out in section 
     302(b).
       (b) Content.--A Millennium Challenge Contract shall 
     include--
       (1) specific objectives to be achieved by the eligible 
     country during the term of the Contract;
       (2) a description of the actions to be taken by the 
     government of the eligible country and the United States 
     Government for achieving such objectives;
       (3) the role and contribution of private entities, 
     nongovernmental organizations, and other organizations in 
     achieving such objectives;
       (4) a description of beneficiaries, to the extent possible 
     disaggregated by gender;
       (5) regular benchmarks for measuring progress toward 
     achieving such objectives;
       (6) a schedule for achieving such objectives;
       (7) a schedule of evaluations to be performed to determine 
     whether the country is meeting its commitments under the 
     Contract;
       (8) a statement that the Corporation intends to consider 
     the eligible country's performance in achieving such 
     objectives in making decisions about providing continued 
     assistance under the Contract;
       (9) the strategy of the eligible country to sustain 
     progress made toward achieving such objectives after the 
     expiration of the Contract;
       (10) a plan to ensure financial accountability for any 
     assistance provided to a person or government in the eligible 
     country under this title; and
       (11) a statement that nothing in the Contract may be 
     construed to create a legally binding or enforceable 
     obligation on the United States Government or on the 
     Corporation.
       (c) Requirement for Consultation.--The Corporation shall 
     seek to ensure that the government of an eligible country 
     consults with private entities and nongovernmental 
     organizations in the eligible country for the purpose of 
     ensuring that the terms of a Millennium Challenge Contract 
     entered into by the Corporation and the eligible country--
       (1) reflect the needs of the rural and urban poor in the 
     eligible country; and
       (2) provide means to assist poor men and women in the 
     eligible country to escape poverty through their own efforts.
       (d) Requirement for Approval by the Board.--A Millennium 
     Challenge Contract shall be approved by the Board before the 
     Corporation enters into the Contract.
       Sec. 310. Suspension of Assistance to an Eligible Country. 
     The Secretary of State shall direct the CEO to suspend the 
     provision of assistance to an eligible country under a 
     Millennium Challenge Contract during any period for which 
     such eligible country is ineligible to receive assistance 
     under a provision of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151 et seq.).
       Sec. 311. Disclosure. (a) Requirement for Disclosure.--The 
     Corporation shall make available to the public on a 
     continuous basis and on the earliest possible date, but not 
     later than 15 days after the information is available to the 
     Corporation, the following information:
       (1) A list of the candidate countries determined to be 
     eligible countries during any year.
       (2) The text of each Millennium Challenge Contract entered 
     into by the Corporation.
       (3) For assistance provided under this title--
       (A) the name of each entity to which assistance is 
     provided;
       (B) the amount of assistance provided to the entity; and
       (C) a description of the program or project for which 
     assistance was provided.
       (4) For each eligible country, an assessment of--
       (A) the progress made during each year by an eligible 
     country toward achieving the objectives set out in the 
     Millennium Challenge Contract entered into by the eligible 
     country; and
       (B) the extent to which assistance provided under this 
     title has been effective in helping the eligible country to 
     achieve such objectives.
       (b) Dissemination.--The information required to be 
     disclosed under subsection (a) shall be made available to the 
     public by means of publication in the Federal Register and 
     posting on the Internet, as well as by any other methods that 
     the Board determines appropriate.
       Sec. 312. Millennium Challenge Assistance to Candidate 
     Countries. (a) Authority.--Notwithstanding any other 
     provision of this title and subject to the limitation in 
     subsection (c), the Corporation is authorized to provide 
     assistance to a candidate country that meets the conditions 
     in subsection (b) for the purpose of assisting such country 
     to become an eligible country.
       (b) Conditions.--Assistance under subsection (a) may be 
     provided to a candidate country that is not an eligible 
     country under section 307 because of--
       (1) the unreliability of data used to assess its 
     eligibility under section 307; or
       (2) the failure of the government of the candidate country 
     to perform adequately with respect to only 1 of the 
     indicators described in subsection (a) of section 307.
       (c) Limitation.--The total amount of assistance provided 
     under subsection (a) in a fiscal year may not exceed 10 
     percent of the funds made available to the Millennium 
     Challenge Account during such fiscal year.
       Sec. 313. Annual Report to Congress. Not later than January 
     31 of each year, the President shall submit to Congress a 
     report on the assistance provided under this title during the 
     prior fiscal year. The report shall include--
       (1) information regarding obligations and expenditures for 
     assistance provided to each eligible country in the prior 
     fiscal year;
       (2) a discussion, for each eligible country, of the 
     objectives of such assistance;
       (3) a description of the coordination of assistance under 
     this title with other United States foreign assistance and 
     related trade policies;
       (4) a description of the coordination of assistance under 
     this title with the contributions of other donors; and
       (5) any other information the President considers relevant 
     to assistance provided under this title.
       Sec. 314. Powers of the Corporation. (a) Powers.--The 
     Corporation--
       (1) shall have perpetual succession unless dissolved by an 
     Act of Congress;
       (2) may adopt, alter, and use a seal, which shall be 
     judicially noticed;
       (3) may prescribe, amend, and repeal such rules, 
     regulations, and procedures as may be necessary for carrying 
     out the functions of the Corporation;
       (4) may make and perform such contracts, grants, and other 
     agreements with any person or government however designated 
     and wherever situated, as may be necessary for carrying out 
     the functions of the Corporation;
       (5) may determine and prescribe the manner in which its 
     obligations shall be incurred and its expenses allowed and 
     paid, including expenses for representation;
       (6) may lease, purchase, or otherwise acquire, improve, and 
     use such real property wherever situated, as may be necessary 
     for carrying out the functions of the Corporation;
       (7) may accept cash gifts or donations of services or of 
     property (real, personal, or mixed), tangible or intangible, 
     for the purpose of carrying out the provisions of this title;
       (8) may use the United States mails in the same manner and 
     on the same conditions as the executive departments of 
     Government;
       (9) may contract with individuals for personal services, 
     who shall not be considered Federal employees for any 
     provision of law administered by the Office of Personnel 
     Management;
       (10) may hire or obtain passenger motor vehicles; and
       (11) shall have such other powers as may be necessary and 
     incident to carrying out this title.
       (b) Contracting Authority.--The functions and powers 
     authorized by this title may be performed without regard to 
     any provision of law regulating the making, performance, 
     amendment, or modification of contracts, grants, and other 
     agreements.

[[Page 26854]]

       Sec. 315. Coordination with USAID. (a) Requirement for 
     Coordination.--An employee of the Corporation assigned to a 
     United States diplomatic mission or consular post or a United 
     States Agency for International Development field mission in 
     a foreign country shall, in a manner that is consistent with 
     the authority of the Chief of Mission, coordinate the 
     performance of the functions of the Corporation in such 
     country with the officer in charge of the United States 
     Agency of International Development programs located in such 
     country.
       (b) USAID Programs.--The Administrator of the United States 
     Agency for International Development shall seek to ensure 
     that appropriate programs of the Agency play a primary role 
     in preparing candidate countries to become eligible countries 
     under section 307.
       Sec. 316. Principal Office. The Corporation shall maintain 
     its principal office in the metropolitan area of Washington, 
     District of Columbia.
       Sec. 317. Personnel Authorities. (a) Requirement To 
     Prescribe a Human Resources Management System.--The CEO 
     shall, jointly with the Director of the Office of Personnel 
     Management, prescribe regulations that establish a human 
     resources management system, including a retirement benefits 
     program, for the Corporation.
       (b) Relationship to Other Laws.--
       (1) Inapplicability of certain laws.--Except as provided in 
     paragraph (2), the provisions of title 5, United States Code, 
     and of the Foreign Service Act of 1980 (22 U.S.C. 3901 et 
     seq.) shall not apply to the human resource management 
     program established pursuant to paragraph (1).
       (2) Application of certain laws.--The human resources 
     management system established pursuant to subsection (a) may 
     not waive, modify, or otherwise affect the application to 
     employees of the Corporation of the following provisions:
       (A) Section 2301 of title 5, United States Code.
       (B) Section 2302(b) of such title.
       (C) Chapter 63 of such title (relating to leave).
       (D) Chapter 72 of such title (relating to 
     antidiscrimination).
       (E) Chapter 73 of such title (relating to suitability, 
     security, and conduct).
       (F) Chapter 81 of such title (relating to compensation for 
     work injuries).
       (G) Chapter 85 of such title (relating to unemployment 
     compensation).
       (H) Chapter 87 of such title (relating to life insurance).
       (I) Chapter 89 of such title (relating to health 
     insurance).
       (J) Chapter 90 of such title (relating to long-term care 
     insurance).
       (3) Relationship to retirement benefits laws.--The 
     retirement benefits program referred to in subsection (a) 
     shall permit the employees of the Corporation to be eligible, 
     unless the CEO determines otherwise, for benefits under--
       (A) subchapter III of chapter 83 and chapter 84 of title 5, 
     United States Code (relating to retirement benefits); or
       (B) chapter 8 of title I of the Foreign Service Act of 1980 
     (22 U.S.C. 4041 et seq.) (relating to the Foreign Service 
     Retirement and Disability System).
       (c) Appointment and Termination.--Except as otherwise 
     provided in this section, the CEO may, without regard to any 
     civil service or Foreign Service law or regulation, appoint 
     and terminate employees as may be necessary to enable the 
     Corporation to perform its duties.
       (d) Compensation.--
       (1) Authority to fix compensation.--Subject to the 
     provisions of paragraph (2), the CEO may fix the compensation 
     of employees of the Corporation.
       (2) Limitations on compensation.--The compensation for an 
     employee of the Corporation may not exceed the lesser of--
       (A) the rate of compensation established under title 5, 
     United States Code, or any Foreign Service law for an 
     employee of the Federal Government who holds a position that 
     is comparable to the position held by the employee of the 
     Corporation; or
       (B) the rate of pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code.
       (e) Term of Employment.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), no individual may be employed by the Corporation for a 
     total period of employment that exceeds 5 years.
       (2) Excepted positions.--The CEO, and not more than 3 other 
     employees of the Corporation who are designated by the CEO, 
     may be employed by the Corporation for an unlimited period of 
     employment.
       (3) Waiver.--The CEO may waive the maximum term of 
     employment described in paragraph (1) if the CEO determines 
     that such waiver is essential to the achievement of the 
     purposes of this title.
       (f) Authority for Temporary Employees.--The CEO may procure 
     temporary and intermittent services under section 3109(b) of 
     title 5, United States Code, at rates for individuals which 
     do not exceed the daily equivalent of the annual rate of 
     basic pay prescribed for level V of the Executive Schedule 
     under section 5316 of such title.
       (g) Detail of Federal Employees to the Corporation.--Any 
     Federal Government employee may be detailed to the 
     Corporation on a fully or partially reimbursable or on a 
     nonreimbursable basis, and such detail shall be without 
     interruption or loss of civil service or Foreign Service 
     status or privilege.
       (h) Reinstatement.--An employee of the Federal Government 
     serving under a career or career conditional appointment, or 
     the equivalent, in a Federal agency who transfers to or 
     converts to an appointment in the Corporation with the 
     consent of the head of the agency is entitled to be returned 
     to the employee's former position or a position of like 
     seniority, status, and pay without grade or pay reduction in 
     the agency if the employee--
       (1) is being separated from the Corporation for reasons 
     other than misconduct, neglect of duty, or malfeasance; and
       (2) applies for return to the agency not later than 30 days 
     before the date of the termination of the employment in the 
     Corporation.
       Sec. 318. Personnel Outside the United States. (a) 
     Assignment to United States Embassies.--An employee of the 
     Corporation, including an individual detailed to or 
     contracted by the Corporation, may be assigned to a United 
     States diplomatic mission or consular post or a United States 
     Agency for International Development field mission.
       (b) Privileges and Immunities.--The Secretary of State 
     shall seek to ensure that an employee of the Corporation, 
     including an individual detailed to or contracted by the 
     Corporation, and the members of the family of such employee, 
     while the employee is performing duties in any country or 
     place outside the United States, enjoy the privileges and 
     immunities that are enjoyed by a member of the Foreign 
     Service, or the family of a member of the Foreign Service, as 
     appropriate, of comparable rank and salary of such employee, 
     if such employee or a member of the family of such employee 
     is not a national of or permanently resident in such country 
     or place.
       (c) Responsibility of Chief of Mission.--An employee of the 
     Corporation, including an individual detailed to or 
     contracted by the Corporation, and a member of the family of 
     such employee, shall be subject to section 207 of the Foreign 
     Service Act of 1980 (22 U.S.C. 3927) in the same manner as 
     United States Government employees while the employee is 
     performing duties in any country or place outside the United 
     States if such employee or member of the family of such 
     employee is not a national of or permanently resident in such 
     country or place.
       Sec. 319. Use of Services of Other Agencies. The 
     Corporation may utilize the information services, facilities 
     and personnel of, or procure commodities from, any agency of 
     the United States Government on a fully or partially 
     reimbursable or nonreimbursable basis under such terms and 
     conditions as may be agreed to by the head of such agency and 
     the Corporation for carrying out this title.
       Sec. 320. Administrative Authorities. The Corporation is 
     authorized to use any of the administrative authorities 
     contained in the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.) and the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2151 et seq.) unless such authority is 
     inconsistent with a provision of this title.
       Sec. 321. Applicability of Chapter 91 of Title 31, United 
     States Code. The Corporation shall be subject to chapter 91 
     of title 31, United States Code.
       Sec. 322. Establishment of the Millennium Challenge 
     Account. There is established on the books of the Treasury an 
     account to be known as the Millennium Challenge Account that 
     shall be administered by the CEO under the direction of the 
     Board. All amounts made available to carry out the provisions 
     of this title shall be deposited into such Account and such 
     amounts shall be available to carry out such provisions.
       Sec. 323. Authorization of Appropriations. (a) In 
     General.--There are authorized to be appropriated to carry 
     out the provisions of this title $1,000,000,000 for fiscal 
     year 2004, $2,300,000,000 for fiscal year 2005, and 
     $5,000,000,000 for fiscal year 2006.
       (b) Availability.--Funds appropriated under subsection 
     (a)--
       (1) are authorized to remain available until expended, 
     subject to appropriations acts; and
       (2) are in addition to funds otherwise available for such 
     purposes.
       (c) Allocation of Funds.--
       (1) In general.--The Corporation may allocate or transfer 
     to any agency of the United States Government any of the 
     funds available for carrying out this title. Such funds shall 
     be available for obligation and expenditure for the purposes 
     for which authorized, in accordance with authority granted in 
     this title or under authority governing the activities of the 
     agencies of the United States Government to which such funds 
     are allocated or transferred.
       (2) Notification.--The notification requirements of section 
     634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2394-1(a)) shall apply to any allocation or transfer of funds 
     made pursuant to paragraph (1).
       Sec. 324. Appropriations. (a) In General.--There is hereby 
     appropriated $1,000,000,000 for fiscal year 2004, to remain 
     available until expended, to carry out the provisions of this 
     title to provide assistance for countries that have 
     demonstrated commitment to--
       (1) just and democratic governance;
       (2) economic freedom; and
       (3) investing in the well-being of their own people.
       (b) Notification.--Funds appropriated under this title 
     shall be available for obligation only pursuant to the 
     regular notification procedures of the Committees on 
     Appropriations.

                     TITLE IV--MILITARY ASSISTANCE

                  Funds Appropriated to the President


             international military education and training

       For necessary expenses to carry out the provisions of 
     section 541 of the Foreign Assistance

[[Page 26855]]

     Act of 1961, $91,700,000, of which up to $3,000,000 may 
     remain available until expended: Provided, That the civilian 
     personnel for whom military education and training may be 
     provided under this heading may include civilians who are not 
     members of a government whose participation would contribute 
     to improved civil-military relations, civilian control of the 
     military, or respect for human rights: Provided further, That 
     funds appropriated under this heading for military education 
     and training for Guatemala may only be available for expanded 
     international military education and training, and funds made 
     available for Algeria, Cambodia, Nigeria and Guatemala may 
     only be provided through the regular notification procedures 
     of the Committees on Appropriations.


                   foreign military financing program

                     (including transfer of funds)

       For expenses necessary for grants to enable the President 
     to carry out the provisions of section 23 of the Arms Export 
     Control Act, $4,384,000,000: Provided, That of the funds 
     appropriated under this heading, not less than $2,160,000,000 
     shall be available for grants only for Israel, and not less 
     than $1,300,000,000 shall be made available for grants only 
     for Egypt: Provided further, That the funds appropriated by 
     this paragraph for Israel shall be disbursed within 30 days 
     of the enactment of this Act: Provided further, That to the 
     extent that the Government of Israel requests that funds be 
     used for such purposes, grants made available for Israel by 
     this paragraph shall, as agreed by Israel and the United 
     States, be available for advanced weapons systems, of which 
     not less than $568,000,000 shall be available for the 
     procurement in Israel of defense articles and defense 
     services, including research and development: Provided 
     further, That of the funds appropriated by this paragraph, 
     $206,000,000 shall be made available for assistance for 
     Jordan: Provided further, That of the funds appropriated by 
     this paragraph, $27,000,000 shall be made available for 
     assistance for Poland: Provided further, That of the funds 
     appropriated by this paragraph, $2,500,000 shall be made 
     available for assistance for Armenia: Provided further, That 
     of the funds appropriated by this paragraph, $15,000,000 
     shall be transferred to and merged with funds appropriated 
     under the heading ``Nonproliferation, Anti-Terrorism, 
     Demining and Related Programs'', and made available, in 
     addition to amounts otherwise available for such purposes, as 
     follows: $10,000,000, to remain available until expended, 
     shall be made available to carry out the provisions of 
     section 504 of the FREEDOM Support Act for the 
     Nonproliferation and Disarmament Fund, notwithstanding any 
     other provision of law, to promote bilateral and multilateral 
     activities relating to nonproliferation and disarmament; 
     $2,000,000 shall be made available to carry out the 
     provisions of chapter 8 of part II of the Foreign Assistance 
     Act of 1961 for the Small Arms/Light Weapons Destruction 
     program; and $3,000,000 shall be made available as an 
     additional contribution to the International Atomic Energy 
     Agency: Provided further, That of the funds appropriated by 
     this paragraph, not less than $17,000,000 shall be 
     transferred to and merged with funds appropriated under the 
     heading ``Andean Counterdrug Initiative'' and made available 
     for aircraft and related assistance for the Colombian 
     National Police: Provided further, That funds appropriated by 
     this paragraph shall be nonrepayable notwithstanding any 
     requirement in section 23 of the Arms Export Control Act: 
     Provided further, That funds made available under this 
     paragraph shall be obligated upon apportionment in accordance 
     with paragraph (5)(C) of title 31, United States Code, 
     section 1501(a).
       None of the funds made available under this heading shall 
     be available to finance the procurement of defense articles, 
     defense services, or design and construction services that 
     are not sold by the United States Government under the Arms 
     Export Control Act unless the foreign country proposing to 
     make such procurements has first signed an agreement with the 
     United States Government specifying the conditions under 
     which such procurements may be financed with such funds: 
     Provided, That all country and funding level increases in 
     allocations shall be submitted through the regular 
     notification procedures of section 615 of this Act: Provided 
     further, That none of the funds appropriated under this 
     heading shall be available for assistance for Sudan, 
     Guatemala and Liberia: Provided further, That funds made 
     available under this heading may be used, notwithstanding any 
     other provision of law, for demining, the clearance of 
     unexploded ordnance, and related activities, and may include 
     activities implemented through nongovernmental and 
     international organizations: Provided further, That the 
     authority contained in the previous proviso or any other 
     provision of law relating to the use of funds for programs 
     under this heading, including provisions contained in 
     previously enacted appropriations Acts, shall not apply to 
     activities relating to the clearance of unexploded ordnance 
     resulting from United States Armed Forces testing or training 
     exercises: Provided further, That the previous proviso shall 
     not apply to San Jose Island, Republic of Panama: Provided 
     further, That only those countries for which assistance was 
     justified for the ``Foreign Military Sales Financing 
     Program'' in the fiscal year 1989 congressional presentation 
     for security assistance programs may utilize funds made 
     available under this heading for procurement of defense 
     articles, defense services or design and construction 
     services that are not sold by the United States Government 
     under the Arms Export Control Act: Provided further, That 
     funds appropriated under this heading shall be expended at 
     the minimum rate necessary to make timely payment for defense 
     articles and services: Provided further, That not more than 
     $40,500,000 of the funds appropriated under this heading may 
     be obligated for necessary expenses, including the purchase 
     of passenger motor vehicles for replacement only for use 
     outside of the United States, for the general costs of 
     administering military assistance and sales: Provided 
     further, That not more than $361,000,000 of funds realized 
     pursuant to section 21(e)(1)(A) of the Arms Export Control 
     Act may be obligated for expenses incurred by the Department 
     of Defense during fiscal year 2004 pursuant to section 43(b) 
     of the Arms Export Control Act, except that this limitation 
     may be exceeded only through the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That foreign military financing program funds 
     estimated to be outlayed for Egypt during fiscal year 2004 
     shall be transferred to an interest bearing account for Egypt 
     in the Federal Reserve Bank of New York within 30 days of 
     enactment of this Act.


                        peacekeeping operations

       For necessary expenses to carry out the provisions of 
     section 551 of the Foreign Assistance Act of 1961, 
     $84,900,000: Provided, That none of the funds appropriated 
     under this heading shall be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.

               TITLE V--MULTILATERAL ECONOMIC ASSISTANCE


                  funds appropriated to the president

                  international financial institutions

                      global environment facility

       For the United States contribution for the Global 
     Environment Facility, $170,997,000 to the International Bank 
     for Reconstruction and Development as trustee for the Global 
     Environment Facility, by the Secretary of the Treasury, to 
     remain available until expended.


       contribution to the international development association

       For payment to the International Development Association by 
     the Secretary of the Treasury, $976,825,000, to remain 
     available until expended.


      contribution to the multilateral investment guarantee agency

       For payment to the Multilateral Investment Guarantee Agency 
     by the Secretary of the Treasury, $1,124,000, for the United 
     States paid-in share of the increase in capital stock, to 
     remain available until expended.


              limitation on callable capital subscriptions

       The United States Governor of the Multilateral Investment 
     Guarantee Agency may subscribe without fiscal year limitation 
     for the callable capital portion of the United States share 
     of such capital stock in an amount not to exceed $16,340,000.


       Contribution to the Inter-American Investment Corporation

       For payment to the Inter-American Investment Corporation, 
     by the Secretary of the Treasury, $898,000, for the United 
     States share of the increase in subscriptions to capital 
     stock, to remain available until expended.


contribution to the enterprise for the americas multilateral investment 
                                  fund

       For payment to the Enterprise for the Americas Multilateral 
     Investment Fund by the Secretary of the Treasury, for the 
     United States contribution to the fund, $30,614,000, to 
     remain available until expended.


               contribution to the asian development fund

       For the United States contribution by the Secretary of the 
     Treasury to the increase in resources of the Asian 
     Development Fund, as authorized by the Asian Development Bank 
     Act, as amended, $136,921,000, to remain available until 
     expended.


              Contribution to the African Development Bank

       For payment to the African Development Bank by the 
     Secretary of the Treasury, $5,105,000, for the United States 
     paid-in share of the increase in capital stock, to remain 
     available until expended.


              limitation on callable capital subscriptions

       The United States Governor of the African Development Bank 
     may subscribe without fiscal year limitation for the callable 
     capital portion of the United States share of such capital 
     stock in an amount not to exceed $79,610,000.


              contribution to the african development fund

       For the United States contribution by the Secretary of the 
     Treasury to the increase in resources of the African 
     Development Fund, $118,081,000, to remain available until 
     expended.


  contribution to the european bank for reconstruction and development

       For payment to the European Bank for Reconstruction and 
     Development by the Secretary of the Treasury, $35,431,000, 
     for the United States share of the paid-in portion of the 
     increase in capital stock, to remain available until 
     expended.

[[Page 26856]]




              limitation on callable capital subscriptions

       The United States Governor of the European Bank for 
     Reconstruction and Development may subscribe without fiscal 
     year limitation to the callable capital portion of the United 
     States share of such capital stock in an amount not to exceed 
     $122,085,000.

  contribution to the international fund for agricultural development

       For the United States contribution by the Secretary of the 
     Treasury to increase the resources of the International Fund 
     for Agricultural Development, $15,004,000, to remain 
     available until expended.

                international organizations and programs

       For necessary expenses to carry out the provisions of 
     section 301 of the Foreign Assistance Act of 1961, and of 
     section 2 of the United Nations Environment Program 
     Participation Act of 1973, $322,550,000: Provided, That of 
     the funds appropriated under this heading, $120,000,000 shall 
     be made available for a contribution to the United Nations 
     Children's Fund, $11,428,500 shall be made available for a 
     contribution to the United Nations Environment Program, 
     $5,465,875 shall be made available for the United Nations 
     Voluntary Fund for Victims of Torture, $3,621,250 shall be 
     made available for the Organization of American States Fund 
     for Strengthening Democracy, $1,937,975 shall be made 
     available for International Contributions for Scientific, 
     Educational and Cultural Activities, $1,000,000 shall be made 
     available for the United Nations Center for Human 
     Settlements, $1,500,000 shall be made available for the 
     United Nations Fund for Human Rights, $6,732,750 shall be 
     made available for International Conservation Programs, and 
     $5,600,000 shall be made available for the Intergovernmental 
     Panel on Climate Change/United Nations Framework Convention 
     on Climate Change: Provided further, That none of the funds 
     appropriated under this heading may be made available to the 
     International Atomic Energy Agency (IAEA).

                      TITLE VI--GENERAL PROVISIONS


             obligations during last month of availability

       Sec. 601. Except for the appropriations entitled 
     ``International Disaster Assistance'' and ``United States 
     Emergency Refugee and Migration Assistance Fund'', not more 
     than 15 percent of any appropriation item made available by 
     this Act shall be obligated during the last month of 
     availability.


                  private and voluntary organizations

       Sec. 602. (a) None of the funds appropriated or otherwise 
     made available by this Act for development assistance may be 
     made available to any United States private and voluntary 
     organization, except any cooperative development 
     organization, which obtains less than 20 percent of its total 
     annual funding for international activities from sources 
     other than the United States Government: Provided, That the 
     Administrator of the United States Agency for International 
     Development, after informing the Committees on 
     Appropriations, may, on a case-by-case basis, waive the 
     restriction contained in this subsection, after taking into 
     account the effectiveness of the overseas development 
     activities of the organization, its level of volunteer 
     support, its financial viability and stability, and the 
     degree of its dependence for its financial support on the 
     agency.
       (b) Funds appropriated or otherwise made available under 
     title II of this Act should be made available to private and 
     voluntary organizations at a level which is at least 
     equivalent to the level provided in fiscal year 1995.


                    limitation on residence expenses

       Sec. 603. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $100,500 shall be for 
     official residence expenses of the United States Agency for 
     International Development during the current fiscal year: 
     Provided, That appropriate steps shall be taken to assure 
     that, to the maximum extent possible, United States-owned 
     foreign currencies are utilized in lieu of dollars.


                         limitation on expenses

       Sec. 604. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $5,000 shall be for 
     entertainment expenses of the United States Agency for 
     International Development during the current fiscal year.


               limitation on representational allowances

       Sec. 605. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $125,000 shall be 
     available for representation allowances for the United States 
     Agency for International Development during the current 
     fiscal year: Provided, That appropriate steps shall be taken 
     to assure that, to the maximum extent possible, United 
     States-owned foreign currencies are utilized in lieu of 
     dollars: Provided further, That of the funds made available 
     by this Act for general costs of administering military 
     assistance and sales under the heading ``Foreign Military 
     Financing Program'', not to exceed $2,000 shall be available 
     for entertainment expenses and not to exceed $125,000 shall 
     be available for representation allowances: Provided further, 
     That of the funds made available by this Act under the 
     heading ``International Military Education and Training'', 
     not to exceed $50,000 shall be available for entertainment 
     allowances: Provided further, That of the funds made 
     available by this Act for the Inter-American Foundation, not 
     to exceed $2,000 shall be available for entertainment and 
     representation allowances: Provided further, That of the 
     funds made available by this Act for the Peace Corps, not to 
     exceed a total of $4,000 shall be available for entertainment 
     expenses: Provided further, That of the funds made available 
     by this Act under the heading ``Trade and Development 
     Agency'', not to exceed $2,000 shall be available for 
     representation and entertainment allowances.


                 prohibition on financing nuclear goods

       Sec. 606. None of the funds appropriated or made available 
     (other than funds for ``Nonproliferation, Anti-terrorism, 
     Demining and Related Programs'') pursuant to this Act, for 
     carrying out the Foreign Assistance Act of 1961, may be used, 
     except for purposes of nuclear safety, to finance the export 
     of nuclear equipment, fuel, or technology.


        prohibition against direct funding for certain countries

       Sec. 607. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated or expended 
     to finance directly any assistance or reparations to Cuba, 
     Libya, North Korea, Iran, Sudan, or Syria: Provided, That, 
     for the purposes of section 501 of Public Law 106-570, the 
     terms ``areas outside of control of the Government of Sudan'' 
     and ``area in Sudan outside of control of the Government of 
     Sudan'' shall, upon conclusion of a peace agreement between 
     the Government of Sudan and the Sudan People's Liberation 
     Movement, have the same meaning and application as was the 
     case immediately prior to the conclusion of such agreement: 
     Provided further, That for purposes of this section, the 
     prohibition on obligations or expenditures shall include 
     direct loans, credits, insurance and guarantees of the 
     Export-Import Bank or its agents.


                             military coups

       Sec. 608. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated or expended 
     to finance directly any assistance to the government of any 
     country whose duly elected head of government is deposed by 
     decree or military coup: Provided, That assistance may be 
     resumed to such government if the President determines and 
     certifies to the Committees on Appropriations that subsequent 
     to the termination of assistance a democratically elected 
     government has taken office: Provided further, That the 
     provisions of this section shall not apply to assistance to 
     promote democratic elections or public participation in 
     democratic processes: Provided further, That funds made 
     available pursuant to the previous provisos shall be subject 
     to the regular notification procedures of the Committees on 
     Appropriations.


                               transfers

       Sec. 609. (a) Transfers Between Accounts.-- None of the 
     funds made available by this Act may be obligated under an 
     appropriation account to which they were not appropriated, 
     except for transfers specifically provided for in this Act, 
     unless the President, not less than five days prior to the 
     exercise of any authority contained in the Foreign Assistance 
     Act of 1961 to transfer funds, consults with and provides a 
     written policy justification to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.
       (b) Audit of Inter-agency Transfers.--Any agreement for the 
     transfer or allocation of funds appropriated by this Act, or 
     prior Acts, entered into between the United States Agency for 
     International Development and another agency of the United 
     States Government under the authority of section 632(a) of 
     the Foreign Assistance Act of 1961 or any comparable 
     provision of law, shall expressly provide that the Office of 
     the Inspector General for the agency receiving the transfer 
     or allocation of such funds shall perform periodic program 
     and financial audits of the use of such funds: Provided, That 
     funds transferred under such authority may be made available 
     for the cost of such audits.


                  deobligation/reobligation authority

       Sec. 610. Obligated balances of funds appropriated to carry 
     out section 23 of the Arms Export Control Act as of the end 
     of the fiscal year immediately preceding the current fiscal 
     year are, if deobligated, hereby continued available during 
     the current fiscal year for the same purpose under any 
     authority applicable to such appropriations under this Act: 
     Provided, That the authority of this section may not be used 
     in fiscal year 2004.


                         availability of funds

       Sec. 611. No part of any appropriation contained in this 
     Act shall remain available for obligation after the 
     expiration of the current fiscal year unless expressly so 
     provided in this Act: Provided, That funds appropriated for 
     the purposes of chapters 1, 8, 11, and 12 of part I, section 
     667, chapter 4 of part II of the Foreign Assistance Act of 
     1961, as amended, section 23 of the Arms Export Control Act, 
     and funds provided under the heading ``Assistance for Eastern 
     Europe and the Baltic States'', shall remain available for an 
     additional four years from the date on which the availability 
     of such funds would otherwise have expired, if such funds are 
     initially obligated before the expiration of their respective 
     periods of availability contained in this Act: Provided 
     further, That, notwithstanding any other provision of this 
     Act, any funds made available for the purposes of chapter 1 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961 which are allocated or obligated for cash 
     disbursements in order to address balance of payments or 
     economic policy reform objectives, shall remain available 
     until expended.

[[Page 26857]]




            limitation on assistance to countries in default

       Sec. 612. No part of any appropriation contained in this 
     Act shall be used to furnish assistance to the government of 
     any country which is in default during a period in excess of 
     one calendar year in payment to the United States of 
     principal or interest on any loan made to the government of 
     such country by the United States pursuant to a program for 
     which funds are appropriated under this Act unless the 
     President determines, following consultations with the 
     Committees on Appropriations, that assistance to such country 
     is in the national interest of the United States.


                           commerce and trade

       Sec. 613. (a) None of the funds appropriated or made 
     available pursuant to this Act for direct assistance and none 
     of the funds otherwise made available pursuant to this Act to 
     the Export-Import Bank and the Overseas Private Investment 
     Corporation shall be obligated or expended to finance any 
     loan, any assistance or any other financial commitments for 
     establishing or expanding production of any commodity for 
     export by any country other than the United States, if the 
     commodity is likely to be in surplus on world markets at the 
     time the resulting productive capacity is expected to become 
     operative and if the assistance will cause substantial injury 
     to United States producers of the same, similar, or competing 
     commodity: Provided, That such prohibition shall not apply to 
     the Export-Import Bank if in the judgment of its Board of 
     Directors the benefits to industry and employment in the 
     United States are likely to outweigh the injury to United 
     States producers of the same, similar, or competing 
     commodity, and the Chairman of the Board so notifies the 
     Committees on Appropriations.
       (b) None of the funds appropriated by this or any other Act 
     to carry out chapter 1 of part I of the Foreign Assistance 
     Act of 1961 shall be available for any testing or breeding 
     feasibility study, variety improvement or introduction, 
     consultancy, publication, conference, or training in 
     connection with the growth or production in a foreign country 
     of an agricultural commodity for export which would compete 
     with a similar commodity grown or produced in the United 
     States: Provided, That this subsection shall not prohibit--
       (1) activities designed to increase food security in 
     developing countries where such activities will not have a 
     significant impact on the export of agricultural commodities 
     of the United States; or
       (2) research activities intended primarily to benefit 
     American producers.


                          surplus commodities

       Sec. 614. The Secretary of the Treasury shall instruct the 
     United States Executive Directors of the International Bank 
     for Reconstruction and Development, the International 
     Development Association, the International Finance 
     Corporation, the Inter-American Development Bank, the 
     International Monetary Fund, the Asian Development Bank, the 
     Inter-American Investment Corporation, the North American 
     Development Bank, the European Bank for Reconstruction and 
     Development, the African Development Bank, and the African 
     Development Fund to use the voice and vote of the United 
     States to oppose any assistance by these institutions, using 
     funds appropriated or made available pursuant to this Act, 
     for the production or extraction of any commodity or mineral 
     for export, if it is in surplus on world markets and if the 
     assistance will cause substantial injury to United States 
     producers of the same, similar, or competing commodity.


                       notification requirements

       Sec. 615. For the purposes of providing the executive 
     branch with the necessary administrative flexibility, none of 
     the funds made available under this Act for ``Child Survival 
     and Health Programs Fund'', ``Development Assistance'', 
     ``International Organizations and Programs'', ``Trade and 
     Development Agency'', ``International Narcotics Control and 
     Law Enforcement'', ``Andean Counterdrug 
     Initiative'',``Assistance for Eastern Europe and the Baltic 
     States'', ``Assistance for the Independent States of the 
     Former Soviet Union'', ``Economic Support Fund'', 
     ``Peacekeeping Operations'', ``Capital Investment Fund'', 
     ``Operating Expenses of the United States Agency for 
     International Development'', ``Operating Expenses of the 
     United States Agency for International Development Office of 
     Inspector General'', ``Nonproliferation, Anti-terrorism, 
     Demining and Related Programs'', ``Foreign Military Financing 
     Program'', ``International Military Education and Training'', 
     ``Peace Corps'', and ``Migration and Refugee Assistance'', 
     shall be available for obligation for activities, programs, 
     projects, type of materiel assistance, countries, or other 
     operations not justified or in excess of the amount justified 
     to the Committees on Appropriations for obligation under any 
     of these specific headings unless the Committees on 
     Appropriations of both Houses of Congress are previously 
     notified 15 days in advance: Provided, That the President 
     shall not enter into any commitment of funds appropriated for 
     the purposes of section 23 of the Arms Export Control Act for 
     the provision of major defense equipment, other than 
     conventional ammunition, or other major defense items defined 
     to be aircraft, ships, missiles, or combat vehicles, not 
     previously justified to Congress or 20 percent in excess of 
     the quantities justified to Congress unless the Committees on 
     Appropriations are notified 15 days in advance of such 
     commitment: Provided further, That this section shall not 
     apply to any reprogramming for an activity, program, or 
     project under chapter 1 of part I of the Foreign Assistance 
     Act of 1961 of less than 10 percent of the amount previously 
     justified to the Congress for obligation for such activity, 
     program, or project for the current fiscal year: Provided 
     further, That the requirements of this section or any similar 
     provision of this Act or any other Act, including any prior 
     Act requiring notification in accordance with the regular 
     notification procedures of the Committees on Appropriations, 
     may be waived if failure to do so would pose a substantial 
     risk to human health or welfare: Provided further, That in 
     case of any such waiver, notification to the Congress, or the 
     appropriate congressional committees, shall be provided as 
     early as practicable, but in no event later than 3 days after 
     taking the action to which such notification requirement was 
     applicable, in the context of the circumstances necessitating 
     such waiver: Provided further, That any notification provided 
     pursuant to such a waiver shall contain an explanation of the 
     emergency circumstances.


limitation on availability of funds for international organizations and 
                                programs

       Sec. 616. Subject to the regular notification procedures of 
     the Committees on Appropriations, funds appropriated under 
     this Act or any previously enacted Act making appropriations 
     for foreign operations, export financing, and related 
     programs, which are returned or not made available for 
     organizations and programs because of the implementation of 
     section 307(a) of the Foreign Assistance Act of 1961, shall 
     remain available for obligation until September 30, 2005.


             independent states of the former soviet union

       Sec. 617. (a) None of the funds appropriated under the 
     heading ``Assistance for the Independent States of the Former 
     Soviet Union'' shall be made available for assistance for a 
     government of an Independent State of the former Soviet 
     Union--
       (1) unless that government is making progress in 
     implementing comprehensive economic reforms based on market 
     principles, private ownership, respect for commercial 
     contracts, and equitable treatment of foreign private 
     investment; and
       (2) if that government applies or transfers United States 
     assistance to any entity for the purpose of expropriating or 
     seizing ownership or control of assets, investments, or 
     ventures.
     Assistance may be furnished without regard to this subsection 
     if the President determines that to do so is in the national 
     interest.
       (b) None of the funds appropriated under the heading 
     ``Assistance for the Independent States of the Former Soviet 
     Union'' shall be made available for assistance for a 
     government of an Independent State of the former Soviet Union 
     if that government directs any action in violation of the 
     territorial integrity or national sovereignty of any other 
     Independent State of the former Soviet Union, such as those 
     violations included in the Helsinki Final Act: Provided, That 
     such funds may be made available without regard to the 
     restriction in this subsection if the President determines 
     that to do so is in the national security interest of the 
     United States.
       (c) None of the funds appropriated under the heading 
     ``Assistance for the Independent States of the Former Soviet 
     Union'' shall be made available for any state to enhance its 
     military capability: Provided, That this restriction does not 
     apply to demilitarization, demining or nonproliferation 
     programs.
       (d) Funds appropriated under the heading ``Assistance for 
     the Independent States of the Former Soviet Union'' for the 
     Russian Federation, Armenia, Georgia, and Ukraine shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations.
       (e) Funds made available in this Act for assistance for the 
     Independent States of the former Soviet Union shall be 
     subject to the provisions of section 117 (relating to 
     environment and natural resources) of the Foreign Assistance 
     Act of 1961.
       (f) Funds appropriated in this or prior appropriations Acts 
     that are or have been made available for an Enterprise Fund 
     in the Independent States of the Former Soviet Union may be 
     deposited by such Fund in interest-bearing accounts prior to 
     the disbursement of such funds by the Fund for program 
     purposes. The Fund may retain for such program purposes any 
     interest earned on such deposits without returning such 
     interest to the Treasury of the United States and without 
     further appropriation by the Congress. Funds made available 
     for Enterprise Funds shall be expended at the minimum rate 
     necessary to make timely payment for projects and activities.
       (g) In issuing new task orders, entering into contracts, or 
     making grants, with funds appropriated in this Act or prior 
     appropriations Acts under the heading ``Assistance for the 
     Independent States of the Former Soviet Union'' and under 
     comparable headings in prior appropriations Acts, for 
     projects or activities that have as one of their primary 
     purposes the fostering of private sector development, the 
     Coordinator for United States Assistance to the New 
     Independent States and the implementing agency shall 
     encourage the participation of and give significant weight to 
     contractors and grantees who propose investing a significant 
     amount of their own resources (including volunteer services 
     and in-kind contributions) in such projects and activities.


   PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION

       Sec. 618. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of

[[Page 26858]]

     1961, as amended, may be used to pay for the performance of 
     abortions as a method of family planning or to motivate or 
     coerce any person to practice abortions. None of the funds 
     made available to carry out part I of the Foreign Assistance 
     Act of 1961, as amended, may be used to pay for the 
     performance of involuntary sterilization as a method of 
     family planning or to coerce or provide any financial 
     incentive to any person to undergo sterilizations. None of 
     the funds made available to carry out part I of the Foreign 
     Assistance Act of 1961, as amended, may be used to pay for 
     any biomedical research which relates in whole or in part, to 
     methods of, or the performance of, abortions or involuntary 
     sterilization as a means of family planning. None of the 
     funds made available to carry out part I of the Foreign 
     Assistance Act of 1961, as amended, may be obligated or 
     expended for any country or organization if the President 
     certifies that the use of these funds by any such country or 
     organization would violate any of the above provisions 
     related to abortions and involuntary sterilizations.


                 export financing transfer authorities

       Sec. 619. Not to exceed 5 percent of any appropriation 
     other than for administrative expenses made available for 
     fiscal year 2004, for programs under title I of this Act may 
     be transferred between such appropriations for use for any of 
     the purposes, programs, and activities for which the funds in 
     such receiving account may be used, but no such 
     appropriation, except as otherwise specifically provided, 
     shall be increased by more than 25 percent by any such 
     transfer: Provided, That the exercise of such authority shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.


                   special notification requirements

       Sec. 620. None of the funds appropriated by this Act shall 
     be obligated or expended for Colombia, Liberia, Serbia, 
     Sudan, Zimbabwe, Pakistan, or the Democratic Republic of the 
     Congo except as provided through the regular notification 
     procedures of the Committees on Appropriations.


              definition of program, project, and activity

       Sec. 621. For the purpose of this Act, ``program, project, 
     and activity'' shall be defined at the appropriations Act 
     account level and shall include all appropriations and 
     authorizations Acts earmarks, ceilings, and limitations with 
     the exception that for the following accounts: Economic 
     Support Fund and Foreign Military Financing Program, 
     ``program, project, and activity'' shall also be considered 
     to include country, regional, and central program level 
     funding within each such account; for the development 
     assistance accounts of the United States Agency for 
     International Development ``program, project, and activity'' 
     shall also be considered to include central, country, 
     regional, and program level funding, either as: (1) justified 
     to the Congress; or (2) allocated by the executive branch in 
     accordance with a report, to be provided to the Committees on 
     Appropriations within 30 days of the enactment of this Act, 
     as required by section 653(a) of the Foreign Assistance Act 
     of 1961.


                  child survival and health activities

       Sec. 622. Up to $15,500,000 of the funds made available by 
     this Act for assistance under the heading ``Child Survival 
     and Health Programs Fund'', may be used to reimburse United 
     States Government agencies, agencies of State governments, 
     institutions of higher learning, and private and voluntary 
     organizations for the full cost of individuals (including for 
     the personal services of such individuals) detailed or 
     assigned to, or contracted by, as the case may be, the United 
     States Agency for International Development for the purpose 
     of carrying out activities under that heading: Provided, That 
     up to $3,500,000 of the funds made available by this Act for 
     assistance under the heading ``Development Assistance'' may 
     be used to reimburse such agencies, institutions, and 
     organizations for such costs of such individuals carrying out 
     other development assistance activities: Provided further, 
     That funds appropriated by this Act that are made available 
     for child survival activities or disease programs including 
     activities relating to research on, and the prevention, 
     treatment and control of, HIV/AIDS may be made available 
     notwithstanding any other provision of law except for the 
     United States Leadership Against HIV/AIDS, Tuberculosis, and 
     Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.) 
     as amended by section 699J of this Act: Provided further, 
     That funds appropriated under title II of this Act may be 
     made available pursuant to section 301 of the Foreign 
     Assistance Act of 1961 if a primary purpose of the assistance 
     is for child survival and related programs: Provided further, 
     That of the funds appropriated under title II of this Act, 
     not less than $445,000,000 shall be made available for family 
     planning/reproductive health.


                              afghanistan

       Sec. 623. Of the funds appropriated by this Act, 
     $600,000,000 shall be made available for assistance for 
     Afghanistan, of which not less than $395,000,000 shall be 
     made available for humanitarian, reconstruction, and related 
     assistance: Provided, That of the funds made available 
     pursuant to this section, not less than $164,000,000 should 
     be from funds appropriated under the heading ``Economic 
     Support Fund'' for rehabilitation of primary roads, 
     implementation of the Bonn Agreement and women's development 
     programs: Provided further, That of the funds made available 
     pursuant to this section, not less than $5,000,000 shall be 
     made available for a reforestation program in Afghanistan 
     which should utilize, as appropriate, the technical expertise 
     of American universities: Provided further, That funds made 
     available pursuant to the previous proviso should be matched, 
     to the maximum extent possible, with contributions from 
     American and Afghan businesses: Provided further, That of the 
     funds made available pursuant to this section, not less than 
     $4,500,000 shall be made available for the Afghan Independent 
     Human Rights Commission and not less than $2,500,000 shall be 
     made available for the Afghan Judicial Reform Commission: 
     Provided further, That of the funds made available pursuant 
     to this section, not less than $25,000,000 shall be made 
     available to support activities of the Afghan Ministry of 
     Women's Affairs, including to improve the capacity and 
     effectiveness of the Ministry, and to support programs aimed 
     at addressing the needs of Afghan women in consultation with 
     other Afghan ministries: Provided further, That funds made 
     available pursuant to this section shall be made available 
     for training and equipment to improve the capacity of women-
     led Afghan nongovernmental organizations and to support the 
     activities of such organizations: Provided further, That not 
     less than $2,500,000 shall be made available for assistance 
     for Afghan communities and families that suffer losses as a 
     result of the military operations.


                NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

       Sec. 624. Prior to providing excess Department of Defense 
     articles in accordance with section 516(a) of the Foreign 
     Assistance Act of 1961, the Department of Defense shall 
     notify the Committees on Appropriations to the same extent 
     and under the same conditions as are other committees 
     pursuant to subsection (f) of that section: Provided, That 
     before issuing a letter of offer to sell excess defense 
     articles under the Arms Export Control Act, the Department of 
     Defense shall notify the Committees on Appropriations in 
     accordance with the regular notification procedures of such 
     Committees if such defense articles are significant military 
     equipment (as defined in section 47(9) of the Arms Export 
     Control Act) or are valued (in terms of original acquisition 
     cost) at $7,000,000 or more, or if notification is required 
     elsewhere in this Act for the use of appropriated funds for 
     specific countries that would receive such excess defense 
     articles: Provided further, That such Committees shall also 
     be informed of the original acquisition cost of such defense 
     articles.


                       AUTHORIZATION REQUIREMENT

       Sec. 625. Funds appropriated by this Act, except funds 
     appropriated under the headings ``Trade and Development 
     Agency'', ``International Military Education and Training'', 
     ``Foreign Military Financing Program'', ``Migration and 
     Refugee Assistance'', ``Peace Corps'', ``Millennium Challenge 
     Assistance'', and ``Nonproliferation, Anti-Terrorism, 
     Demining and Related Programs'', may be obligated and 
     expended notwithstanding section 10 of Public Law 91-672 and 
     section 15 of the State Department Basic Authorities Act of 
     1956.


                           democracy programs

       Sec. 626. (a) Notwithstanding any other provision of law, 
     of the funds appropriated by this Act to carry out the 
     provisions of chapter 4 of part II of the Foreign Assistance 
     Act of 1961, not less than $35,000,000 shall be made 
     available for assistance for activities to support democracy, 
     human rights, and the rule of law in the People's Republic of 
     China, Hong Kong and Tibet: Provided, That not to exceed 
     $4,000,000 shall be provided to nongovernmental organizations 
     to support activities which preserve cultural traditions and 
     promote sustainable development and environmental 
     conservation in Tibetan communities in the Tibetan Autonomous 
     Region and in other Tibetan communities in China, of which up 
     to $3,000,000 may be made available for the Bridge Fund of 
     the Rockefeller Philanthropic Advisors to support such 
     activities: Provided further, That funds appropriated under 
     the heading ``Economic Support Fund'' should be made 
     available for assistance for Taiwan for the purposes of 
     furthering political and legal reforms: Provided further, 
     That such funds shall only be made available to the extent 
     that they are matched from sources other than the United 
     States Government: Provided further, That funds made 
     available pursuant to the authority of this subsection shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.
       (b) In addition to the funds made available in subsection 
     (a), of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'' not less than $25,000,000 shall be 
     made available for programs and activities to foster 
     democracy, human rights, civic education, women's 
     development, press freedoms, and the rule of law in countries 
     with a significant Muslim population, and where such programs 
     and activities would be important to United States efforts to 
     respond to, deter, or prevent acts of international 
     terrorism: Provided, That funds made available pursuant to 
     the authority of this subsection should support new 
     initiatives or bolster ongoing programs and activities in 
     those countries: Provided further, That not less than 
     $3,000,000 of such funds shall be made available for programs 
     and activities that provide professional training for 
     journalists: Provided further, That notwithstanding any other 
     provision of law, not to exceed $5,000,000 of such funds may 
     be used in coordination with the Middle East Partnership 
     Initiative for making grants to educational, humanitarian and 
     nongovernmental organizations and individuals inside Iran to 
     support the advancement of democracy and human rights in 
     Iran: Provided further, That

[[Page 26859]]

     funds made available pursuant to this subsection shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations.
       (c) Of the funds made available under subsection (a), not 
     less than $15,000,000 shall be made available for the Human 
     Rights and Democracy Fund of the Bureau of Democracy, Human 
     Rights and Labor, Department of State, to support the 
     activities described in subsection (a), and of the funds made 
     available under subsection (b), not less than $15,000,000 
     shall be made available for such Fund to support the 
     activities described in subsection (b): Provided, That funds 
     made available in this section for such Fund are in addition 
     to the $17,000,000 requested by the President for the Fund 
     for fiscal year 2004.
       (d) Of the funds made available under subsection (a), not 
     less than $10,000,000 shall be made available for the 
     National Endowment for Democracy to support the activities 
     described in subsection (a), and of the funds made available 
     under subsection (b), not less than $5,000,000 shall be made 
     available for the National Endowment for Democracy to support 
     the activities described in subsection (b): Provided, That 
     the funds appropriated by this Act that are made available 
     for the National Endowment for Democracy may be made 
     available notwithstanding any other provision of law or 
     regulation, and the Secretary of State shall provide a report 
     to the Committees on Appropriations within 120 days of the 
     date of enactment of this Act on the status of the 
     allocation, obligation, and expenditure of such funds.


       PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

       Sec. 627. (a) Funds appropriated for bilateral assistance 
     under any heading of this Act and funds appropriated under 
     any such heading in a provision of law enacted prior to the 
     enactment of this Act, shall not be made available to any 
     country which the President determines--
       (1) grants sanctuary from prosecution to any individual or 
     group which has committed an act of international terrorism; 
     or
       (2) otherwise supports international terrorism.
       (b) The President may waive the application of subsection 
     (a) to a country if the President determines that national 
     security or humanitarian reasons justify such waiver. The 
     President shall publish each waiver in the Federal Register 
     and, at least 15 days before the waiver takes effect, shall 
     notify the Committees on Appropriations of the waiver 
     (including the justification for the waiver) in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations.


                          DEBT-FOR-DEVELOPMENT

       Sec. 628. In order to enhance the continued participation 
     of nongovernmental organizations in economic assistance 
     activities under the Foreign Assistance Act of 1961, 
     including endowments, debt-for-development and debt-for-
     nature exchanges, a nongovernmental organization which is a 
     grantee or contractor of the United States Agency for 
     International Development may place in interest bearing 
     accounts funds made available under this Act or prior Acts or 
     local currencies which accrue to that organization as a 
     result of economic assistance provided under title II of this 
     Act and any interest earned on such investment shall be used 
     for the purpose for which the assistance was provided to that 
     organization.


                           SEPARATE ACCOUNTS

       Sec. 629. (a) Separate Accounts for Local Currencies.--(1) 
     If assistance is furnished to the government of a foreign 
     country under chapters 1 and 10 of part I or chapter 4 of 
     part II of the Foreign Assistance Act of 1961 under 
     agreements which result in the generation of local currencies 
     of that country, the Administrator of the United States 
     Agency for International Development shall--
       (A) require that local currencies be deposited in a 
     separate account established by that government;
       (B) enter into an agreement with that government which sets 
     forth--
       (i) the amount of the local currencies to be generated; and
       (ii) the terms and conditions under which the currencies so 
     deposited may be utilized, consistent with this section; and
       (C) establish by agreement with that government the 
     responsibilities of the United States Agency for 
     International Development and that government to monitor and 
     account for deposits into and disbursements from the separate 
     account.
       (2) Uses of local currencies.--As may be agreed upon with 
     the foreign government, local currencies deposited in a 
     separate account pursuant to subsection (a), or an equivalent 
     amount of local currencies, shall be used only--
       (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
     part II (as the case may be), for such purposes as--
       (i) project and sector assistance activities; or
       (ii) debt and deficit financing; or
       (B) for the administrative requirements of the United 
     States Government.
       (3) Programming accountability.--The United States Agency 
     for International Development shall take all necessary steps 
     to ensure that the equivalent of the local currencies 
     disbursed pursuant to subsection (a)(2)(A) from the separate 
     account established pursuant to subsection (a)(1) are used 
     for the purposes agreed upon pursuant to subsection (a)(2).
       (4) Termination of assistance programs.--Upon termination 
     of assistance to a country under chapter 1 or 10 of part I or 
     chapter 4 of part II (as the case may be), any unencumbered 
     balances of funds which remain in a separate account 
     established pursuant to subsection (a) shall be disposed of 
     for such purposes as may be agreed to by the government of 
     that country and the United States Government.
       (5) Reporting requirement.--The Administrator of the United 
     States Agency for International Development shall report on 
     an annual basis as part of the justification documents 
     submitted to the Committees on Appropriations on the use of 
     local currencies for the administrative requirements of the 
     United States Government as authorized in subsection 
     (a)(2)(B), and such report shall include the amount of local 
     currency (and United States dollar equivalent) used and/or to 
     be used for such purpose in each applicable country.
       (b) Separate Accounts for Cash Transfers.--(1) If 
     assistance is made available to the government of a foreign 
     country, under chapter 1 or 10 of part I or chapter 4 of part 
     II of the Foreign Assistance Act of 1961, as cash transfer 
     assistance or as nonproject sector assistance, that country 
     shall be required to maintain such funds in a separate 
     account and not commingle them with any other funds.
       (2) Applicability of other provisions of law.--Such funds 
     may be obligated and expended notwithstanding provisions of 
     law which are inconsistent with the nature of this assistance 
     including provisions which are referenced in the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying House Joint Resolution 648 (House Report No. 98-
     1159).
       (3) Notification.--At least 15 days prior to obligating any 
     such cash transfer or nonproject sector assistance, the 
     President shall submit a notification through the regular 
     notification procedures of the Committees on Appropriations, 
     which shall include a detailed description of how the funds 
     proposed to be made available will be used, with a discussion 
     of the United States interests that will be served by the 
     assistance (including, as appropriate, a description of the 
     economic policy reforms that will be promoted by such 
     assistance).
       (4) Exemption.--Nonproject sector assistance funds may be 
     exempt from the requirements of subsection (b)(1) only 
     through the notification procedures of the Committees on 
     Appropriations.


  compensation for united states executive directors to international 
                         financial institutions

       Sec. 630. (a) No funds appropriated by this Act may be made 
     as payment to any international financial institution while 
     the United States Executive Director to such institution is 
     compensated by the institution at a rate which, together with 
     whatever compensation such Director receives from the United 
     States, is in excess of the rate provided for an individual 
     occupying a position at level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code, or while 
     any alternate United States Director to such institution is 
     compensated by the institution at a rate in excess of the 
     rate provided for an individual occupying a position at level 
     V of the Executive Schedule under section 5316 of title 5, 
     United States Code.
       (b) For purposes of this section, ``international financial 
     institutions'' are: the International Bank for Reconstruction 
     and Development, the Inter-American Development Bank, the 
     Asian Development Bank, the Asian Development Fund, the 
     African Development Bank, the African Development Fund, the 
     International Monetary Fund, the North American Development 
     Bank, and the European Bank for Reconstruction and 
     Development.


    DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN 
                               FEDERATION

       Sec. 631. None of the funds appropriated under this Act may 
     be made available for the Government of the Russian 
     Federation, after 180 days from the date of the enactment of 
     this Act, unless the President determines and certifies in 
     writing to the Committees on Appropriations that the 
     Government of the Russian Federation has implemented no 
     statute, executive order, regulation or similar government 
     action that would discriminate, or who have as its principal 
     effect discrimination, against religious groups or religious 
     communities in the Russian Federation in violation of 
     accepted international agreements on human rights and 
     religious freedoms to which the Russian Federation is a 
     party.


authorities for the peace corps, inter-american foundation and african 
                         development foundation

       Sec. 632. Unless expressly provided to the contrary, 
     provisions of this or any other Act, including provisions 
     contained in prior Acts authorizing or making appropriations 
     for foreign operations, export financing, and related 
     programs, shall not be construed to prohibit activities 
     authorized by or conducted under the Peace Corps Act, the 
     Inter-American Foundation Act or the African Development 
     Foundation Act. The agency shall promptly report to the 
     Committees on Appropriations whenever it is conducting 
     activities or is proposing to conduct activities in a country 
     for which assistance is prohibited.


                  impact on jobs in the united states

       Sec. 633. None of the funds appropriated by this Act may be 
     obligated or expended to provide--
       (a) any financial incentive to a business enterprise 
     currently located in the United States for the purpose of 
     inducing such an enterprise to relocate outside the United 
     States if such incentive or inducement is likely to reduce 
     the number of employees of such business enterprise in the 
     United States because United States production is being 
     replaced by such enterprise outside the United States; or

[[Page 26860]]

       (b) assistance for any program, project, or activity that 
     contributes to the violation of internationally recognized 
     workers rights, as defined in section 507(4) of the Trade Act 
     of 1974, of workers in the recipient country, including any 
     designated zone or area in that country: Provided, That the 
     application of section 507(4) (D) and (E) of such Act should 
     be commensurate with the level of development of the 
     recipient country and sector, and shall not preclude 
     assistance for the informal sector in such country, micro and 
     small-scale enterprise, and smallholder agriculture.


                          special authorities

       Sec. 634. (a) Afghanistan, Pakistan, Lebanon, Montenegro, 
     Victims of War, Displaced Children, and Displaced Burmese.--
     Funds appropriated by this Act that are made available for 
     assistance for Afghanistan may be made available 
     notwithstanding section 612 of this Act or any similar 
     provision of law and section 660 of the Foreign Assistance 
     Act of 1961, and funds appropriated in titles I and II of 
     this Act that are made available for Lebanon, Montenegro, 
     Pakistan, and for victims of war, displaced children, and 
     displaced Burmese, and to assist victims of trafficking in 
     persons and, subject to the regular notification procedures 
     of the Committees on Appropriations, to combat such 
     trafficking, may be made available notwithstanding any other 
     provision of law.
       (b) Tropical Forestry and Biodiversity Conservation 
     Activities.--Funds appropriated by this Act to carry out the 
     provisions of sections 103 through 106, and chapter 4 of part 
     II, of the Foreign Assistance Act of 1961 may be used, 
     notwithstanding any other provision of law, for the purpose 
     of supporting tropical forestry and biodiversity conservation 
     activities and energy programs aimed at reducing greenhouse 
     gas emissions: Provided, That such assistance shall be 
     subject to sections 116, 502B, and 620A of the Foreign 
     Assistance Act of 1961.
       (c) Personal Services Contractors.--Funds appropriated by 
     this Act to carry out chapter 1 of part I, chapter 4 of part 
     II, and section 667 of the Foreign Assistance Act of 1961, 
     and title II of the Agricultural Trade Development and 
     Assistance Act of 1954, may be used by the United States 
     Agency for International Development to employ up to 25 
     personal services contractors in the United States, 
     notwithstanding any other provision of law, for the purpose 
     of providing direct, interim support for new or expanded 
     overseas programs and activities managed by the agency until 
     permanent direct hire personnel are hired and trained: 
     Provided, That not more than 10 of such contractors shall be 
     assigned to any bureau or office: Provided further, That such 
     funds appropriated to carry out title II of the Agricultural 
     Trade Development and Assistance Act of 1954, may be made 
     available only for personal services contractors assigned to 
     the Office of Food for Peace.
       (d)(1) Waiver.--The President may waive the provisions of 
     section 1003 of Public Law 100-204 if the President 
     determines and certifies in writing to the Speaker of the 
     House of Representatives and the President pro tempore of the 
     Senate that it is important to the national security 
     interests of the United States.
       (2) Period of application of waiver.--Any waiver pursuant 
     to paragraph (1) shall be effective for no more than a period 
     of 6 months at a time and shall not apply beyond 12 months 
     after the enactment of this Act.
       (e) Contingencies.--During fiscal year 2004, the President 
     may use up to $50,000,000 under the authority of section 451 
     of the Foreign Assistance Act, notwithstanding the funding 
     ceiling in section 451(a).
       (f) Small Business.--In entering into multiple award 
     indefinite-quantity contracts with funds appropriated by this 
     Act, the United States Agency for International Development 
     may provide an exception to the fair opportunity process for 
     placing task orders under such contracts when the order is 
     placed with any category of small or small disadvantaged 
     business.
       (g) Shipment of Humanitarian Assistance.--During fiscal 
     year 2004, of the amounts made available by the United States 
     Agency for International Development to carry out the 
     provisions of section 123(b) of the Foreign Assistance Act of 
     1961, funds may be made available to nongovernmental 
     organizations for administrative costs necessary to implement 
     a program to obtain available donated space on commercial 
     ships for the shipment of humanitarian assistance overseas.
       (h) Reconstituting Civilian Police Authority.--In providing 
     assistance with funds appropriated by this Act under section 
     660(b)(6) of the Foreign Assistance Act of 1961, support for 
     a nation emerging from instability may be deemed to mean 
     support for regional, district, municipal, or other sub-
     national entity emerging from instability, as well as a 
     nation emerging from instability.
       (i) World Food Program.--Of the funds managed by the Bureau 
     for Democracy, Conflict, and Humanitarian Assistance of the 
     United States Agency for International Development, from this 
     or any other Act, not less than $6,000,000 shall be made 
     available as a general contribution to the World Food 
     Program, notwithstanding any other provision of law.
       (j) Waiver.--The prohibition in section 694 of this Act may 
     be waived on a country by country basis if the President 
     determines that doing so is in the national security interest 
     of the United States: Provided, That prior to exercising such 
     waiver authority, the President shall submit a report to the 
     Committees on Appropriations describing:
       (1) the steps the Administration is taking to obtain the 
     cooperation of the government in surrendering the indictee in 
     question to the Special Court for Sierra Leone (SCSL) or the 
     International Criminal Tribunal for Rwanda (ICTR);
       (2) a strategy for bringing the indictee before ICTR or 
     SCSL; and
       (3) the justification for exercising the waiver authority.


                     ARAB LEAGUE BOYCOTT OF ISRAEL

       Sec. 635. It is the sense of the Congress that--
       (1) the Arab League boycott of Israel, and the secondary 
     boycott of American firms that have commercial ties with 
     Israel, is an impediment to peace in the region and to United 
     States investment and trade in the Middle East and North 
     Africa;
       (2) the Arab League boycott, which was regrettably 
     reinstated in 1997, should be immediately and publicly 
     terminated, and the Central Office for the Boycott of Israel 
     immediately disbanded;
       (3) the three Arab League countries with diplomatic and 
     trade relations with Israel should return their ambassadors 
     to Israel, should refrain from downgrading their relations 
     with Israel, and should play a constructive role in securing 
     a peaceful resolution of the Israeli-Arab conflict;
       (4) the remaining Arab League states should normalize 
     relations with their neighbor Israel;
       (5) the President and the Secretary of State should 
     continue to vigorously oppose the Arab League boycott of 
     Israel and find concrete steps to demonstrate that opposition 
     by, for example, taking into consideration the participation 
     of any recipient country in the boycott when determining to 
     sell weapons to said country; and
       (6) the President should report to Congress annually on 
     specific steps being taken by the United States to encourage 
     Arab League states to normalize their relations with Israel 
     to bring about the termination of the Arab League boycott of 
     Israel, including those to encourage allies and trading 
     partners of the United States to enact laws prohibiting 
     businesses from complying with the boycott and penalizing 
     businesses that do comply.


                  administration of justice activities

       Sec. 636. Of the funds appropriated or otherwise made 
     available by this Act for ``Economic Support Fund'', 
     assistance may be provided to strengthen the administration 
     of justice in countries in Latin America and the Caribbean 
     and in other regions consistent with the provisions of 
     section 534(b) of the Foreign Assistance Act of 1961, except 
     that programs to enhance protection of participants in 
     judicial cases may be conducted notwithstanding section 660 
     of that Act. Funds made available pursuant to this section 
     may be made available notwithstanding section 534(c) and the 
     second and third sentences of section 534(e) of the Foreign 
     Assistance Act of 1961.


                       eligibility for assistance

       Sec. 637. (a) Assistance Through Nongovernmental 
     Organizations.--Restrictions contained in this or any other 
     Act with respect to assistance for a country shall not be 
     construed to restrict assistance in support of programs of 
     nongovernmental organizations from funds appropriated by this 
     Act to carry out the provisions of chapters 1, 10, 11, and 12 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961, and from funds appropriated under the heading 
     ``Assistance for Eastern Europe and the Baltic States'': 
     Provided, That before using the authority of this subsection 
     to furnish assistance in support of programs of 
     nongovernmental organizations, the President shall notify the 
     Committees on Appropriations under the regular notification 
     procedures of those committees, including a description of 
     the program to be assisted, the assistance to be provided, 
     and the reasons for furnishing such assistance: Provided 
     further, That nothing in this subsection shall be construed 
     to alter any existing statutory prohibitions against abortion 
     or involuntary sterilizations contained in this or any other 
     Act.
       (b) Public Law 480.--During fiscal year 2004, restrictions 
     contained in this or any other Act with respect to assistance 
     for a country shall not be construed to restrict assistance 
     under the Agricultural Trade Development and Assistance Act 
     of 1954: Provided, That none of the funds appropriated to 
     carry out title I of such Act and made available pursuant to 
     this subsection may be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.
       (c) Exception.--This section shall not apply--
       (1) with respect to section 620A of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to countries that support international terrorism; 
     or
       (2) with respect to section 116 of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to the government of a country that violates 
     internationally recognized human rights.


                                earmarks

       Sec. 638. (a) Funds appropriated by this Act which are 
     earmarked may be reprogrammed for other programs within the 
     same account notwithstanding the earmark if compliance with 
     the earmark is made impossible by operation of any provision 
     of this or any other Act: Provided, That any such 
     reprogramming shall be subject to the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That assistance that is reprogrammed pursuant to 
     this subsection shall be made available under the same terms 
     and conditions as originally provided.

[[Page 26861]]

       (b) In addition to the authority contained in subsection 
     (a), the original period of availability of funds 
     appropriated by this Act and administered by the United 
     States Agency for International Development that are 
     earmarked for particular programs or activities by this or 
     any other Act shall be extended for an additional fiscal year 
     if the Administrator of such agency determines and reports 
     promptly to the Committees on Appropriations that the 
     termination of assistance to a country or a significant 
     change in circumstances makes it unlikely that such earmarked 
     funds can be obligated during the original period of 
     availability: Provided, That such earmarked funds that are 
     continued available for an additional fiscal year shall be 
     obligated only for the purpose of such earmark.


                         ceilings and earmarks

       Sec. 639. Ceilings and earmarks contained in this Act shall 
     not be applicable to funds or authorities appropriated or 
     otherwise made available by any subsequent Act unless such 
     Act specifically so directs. Earmarks or minimum funding 
     requirements or prohibitions contained in any other Act shall 
     not be applicable to funds appropriated by this Act.


                 prohibition on publicity or propaganda

       Sec. 640. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes within 
     the United States not authorized before the date of the 
     enactment of this Act by the Congress: Provided, That not to 
     exceed $750,000 may be made available to carry out the 
     provisions of section 316 of Public Law 96-533.


           prohibition of payments to united nations members

       Sec. 641. None of the funds appropriated or made available 
     pursuant to this Act for carrying out the Foreign Assistance 
     Act of 1961, may be used to pay in whole or in part any 
     assessments, arrearages, or dues of any member of the United 
     Nations or, from funds appropriated by this Act to carry out 
     chapter 1 of part I of the Foreign Assistance Act of 1961, 
     the costs for participation of another country's delegation 
     at international conferences held under the auspices of 
     multilateral or international organizations.


              nongovernmental organizations--documentation

       Sec. 642. None of the funds appropriated or made available 
     pursuant to this Act shall be available to a nongovernmental 
     organization which fails to provide upon timely request any 
     document, file, or record necessary to the auditing 
     requirements of the United States Agency for International 
     Development.


  Prohibition on Assistance to Foreign Governments that Export Lethal 
   Military Equipment to Countries Supporting International Terrorism

       Sec. 643. (a) None of the funds appropriated or otherwise 
     made available by this Act may be available to any foreign 
     government which provides lethal military equipment to a 
     country the government of which the Secretary of State has 
     determined is a terrorist government for purposes of section 
     6(j) of the Export Administration Act. The prohibition under 
     this section with respect to a foreign government shall 
     terminate 12 months after that government ceases to provide 
     such military equipment. This section applies with respect to 
     lethal military equipment provided under a contract entered 
     into after October 1, 1997.
       (b) Assistance restricted by subsection (a) or any other 
     similar provision of law, may be furnished if the President 
     determines that furnishing such assistance is important to 
     the national interests of the United States.
       (c) Whenever the waiver authority of subsection (b) is 
     exercised, the President shall submit to the appropriate 
     congressional committees a report with respect to the 
     furnishing of such assistance. Any such report shall include 
     a detailed explanation of the assistance to be provided, 
     including the estimated dollar amount of such assistance, and 
     an explanation of how the assistance furthers United States 
     national interests.


 withholding of assistance for parking fines owed by foreign countries

       Sec. 644. (a) Subject to subsection (c), of the funds 
     appropriated by this Act that are made available for 
     assistance for a foreign country, an amount equal to 110 
     percent of the total amount of the unpaid fully adjudicated 
     parking fines and penalties owed by such country shall be 
     withheld from obligation for such country until the Secretary 
     of State submits a certification to the appropriate 
     congressional committees stating that such parking fines and 
     penalties are fully paid.
       (b) Funds withheld from obligation pursuant to subsection 
     (a) may be made available for other programs or activities 
     funded by this Act, after consultation with and subject to 
     the regulation notification procedures of the appropriate 
     congressional committees, provided that no such funds shall 
     be made available for assistance to a foreign country that 
     has not paid the total amount of the fully adjudicated 
     parking fines and penalties owed by such country.
       (c) Subsection (a) shall not include amounts that have been 
     withheld under any other provision of law.
       (d) The Secretary of State may waive the requirements set 
     forth in subsection (a) with respect to a country if the 
     Secretary--
       (1) determines that the waiver is in the national security 
     interests of the United States; and
       (2) submits to the appropriate congressional committees a 
     written justification for such determination that includes a 
     description of the steps being taken to collect the parking 
     fines and penalties owed by such country.
       (e) In this section:
       (1) The term ``appropriate congressional committees'' means 
     the Committee on Appropriations of the Senate and the 
     Committee on Appropriations of the House of Representatives.
       (2) The term ``fully adjudicated'' includes circumstances 
     in which the person to whom the vehicle is registered--
       (A)(i) has not responded to the parking violation summons; 
     or
       (ii) has not followed the appropriate adjudication 
     procedure to challenge the summons; and
       (B) the period of time for payment or challenge the summons 
     has lapsed.
       (3) The term ``parking fines and penalties'' means parking 
     fines and penalties--
       (A) owed to--
       (i) the District of Columbia; or
       (ii) New York, New York; and
       (B) incurred during the period April 1, 1997 through 
     September 30, 2003.


    limitation on assistance for the plo for the west bank and gaza

       Sec. 645. None of the funds appropriated by this Act may be 
     obligated for assistance for the Palestine Liberation 
     Organization for the West Bank and Gaza unless the President 
     has exercised the authority under section 604(a) of the 
     Middle East Peace Facilitation Act of 1995 (title VI of 
     Public Law 104-107) or any other legislation to suspend or 
     make inapplicable section 307 of the Foreign Assistance Act 
     of 1961 and that suspension is still in effect: Provided, 
     That if the President fails to make the certification under 
     section 604(b)(2) of the Middle East Peace Facilitation Act 
     of 1995 or to suspend the prohibition under other 
     legislation, funds appropriated by this Act may not be 
     obligated for assistance for the Palestine Liberation 
     Organization for the West Bank and Gaza.


                     war crimes tribunals drawdown

       Sec. 646. If the President determines that doing so will 
     contribute to a just resolution of charges regarding genocide 
     or other violations of international humanitarian law, the 
     President may direct a drawdown pursuant to section 552(c) of 
     the Foreign Assistance Act of 1961, as amended, of up to 
     $30,000,000 of commodities and services for the United 
     Nations War Crimes Tribunal established with regard to the 
     former Yugoslavia by the United Nations Security Council or 
     such other tribunals or commissions as the Council may 
     establish or authorize to deal with such violations, without 
     regard to the ceiling limitation contained in paragraph (2) 
     thereof: Provided, That the determination required under this 
     section shall be in lieu of any determinations otherwise 
     required under section 552(c): Provided further, That the 
     drawdown made under this section for any tribunal shall not 
     be construed as an endorsement or precedent for the 
     establishment of any standing or permanent international 
     criminal tribunal or court: Provided further, That funds made 
     available for tribunals other than Yugoslavia, Rwanda, or the 
     Special Court for Sierra Leone shall be made available 
     subject to the regular notification procedures of the 
     Committees on Appropriations.


                               landmines

       Sec. 647. 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 may prescribe.


           restrictions concerning the palestinian authority

       Sec. 648. None of the funds appropriated by this Act may be 
     obligated or expended to create in any part of Jerusalem a 
     new office of any department or agency of the United States 
     Government for the purpose of conducting official United 
     States Government business with the Palestinian Authority 
     over Gaza and Jericho or any successor Palestinian governing 
     entity provided for in the Israel-PLO Declaration of 
     Principles: Provided, That this restriction shall not apply 
     to the acquisition of additional space for the existing 
     Consulate General in Jerusalem: Provided further, That 
     meetings between officers and employees of the United States 
     and officials of the Palestinian Authority, or any successor 
     Palestinian governing entity provided for in the Israel-PLO 
     Declaration of Principles, for the purpose of conducting 
     official United States Government business with such 
     authority should continue to take place in locations other 
     than Jerusalem. As has been true in the past, officers and 
     employees of the United States Government may continue to 
     meet in Jerusalem on other subjects with Palestinians 
     (including those who now occupy positions in the Palestinian 
     Authority), have social contacts, and have incidental 
     discussions.


               prohibition of payment of certain expenses

       Sec. 649. None of the funds appropriated or otherwise made 
     available by this Act under the heading ``International 
     Military Education and Training'' or ``Foreign Military 
     Financing Program'' for Informational Program activities or 
     under the headings ``Child Survival and Health Programs 
     Fund'', ``Development Assistance'', and ``Economic Support 
     Fund'' may be obligated or expended to pay for--
       (1) alcoholic beverages; or
       (2) entertainment expenses for activities that are 
     substantially of a recreational character, including but not 
     limited to entrance fees at sporting events, theatrical and 
     musical productions, and amusement parks.

[[Page 26862]]




                                 TIBET

       Sec. 650. The Secretary of Treasury should instruct the 
     United States executive director to each international 
     financial institution to use the voice and vote of the United 
     States to support projects in Tibet if such projects do not 
     provide incentives for the migration and settlement of non-
     Tibetans into Tibet or facilitate the transfer of ownership 
     of Tibetan land and natural resources to non-Tibetans; are 
     based on a thorough needs-assessment; foster self-sufficiency 
     of the Tibetan people and respect Tibetan culture and 
     traditions; and are subject to effective monitoring.


                                 Haiti

       Sec. 651. The Government of Haiti shall be eligible to 
     purchase defense articles and services under the Arms Export 
     Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard.


         limitation on assistance to the palestinian authority

       Sec. 652. (a) Prohibition of Funds.--None of the funds 
     appropriated by this Act to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     may be obligated or expended with respect to providing funds 
     to the Palestinian Authority.
       (b) Waiver.--The prohibition included in subsection (a) 
     shall not apply if the President certifies in writing to the 
     Speaker of the House of Representatives and the President pro 
     tempore of the Senate that waiving such prohibition is 
     important to the national security interests of the United 
     States and that the Palestinian Authority has taken steps to 
     arrest terrorists, confiscate weapons and dismantle the 
     terrorist infrastructure.
       (c) Period of Application of Waiver.--Any waiver pursuant 
     to subsection (b) shall be effective for no more than a 
     period of 6 months at a time and shall not apply beyond 12 
     months after the enactment of this Act.
       (d) Report.--Whenever the waiver authority pursuant to 
     subsection (b) is exercised, the President shall submit a 
     report to the Committees on Appropriations detailing the 
     steps the Palestinian Authority has taken to arrest 
     terrorists, confiscate weapons and dismantle the terrorist 
     infrastructure. The report shall also include a description 
     of how funds will be spent and the accounting procedures in 
     place to ensure that they are properly disbursed.


              limitation on assistance to security forces

       Sec. 653. None of the funds made available by this Act may 
     be provided to any unit of the security forces of a foreign 
     country if the Secretary of State has credible evidence that 
     such unit has committed gross violations of human rights, 
     unless the Secretary determines and reports to the Committees 
     on Appropriations that the government of such country is 
     taking effective measures to bring the responsible members of 
     the security forces unit to justice: Provided, That nothing 
     in this section shall be construed to withhold funds made 
     available by this Act from any unit of the security forces of 
     a foreign country not credibly alleged to be involved in 
     gross violations of human rights: Provided further, That in 
     the event that funds are withheld from any unit pursuant to 
     this section, the Secretary of State shall promptly inform 
     the foreign government of the basis for such action and 
     shall, to the maximum extent practicable, assist the foreign 
     government in taking effective measures to bring the 
     responsible members of the security forces to justice.


                          ENVIRONMENT PROGRAMS

       Sec. 654. (a) Funding.--Of the funds appropriated by this 
     Act, not less than $485,000,000 shall be made available for 
     environment programs: Provided, That of the funds 
     appropriated under the heading ``Development Assistance'', 
     not less than $165,000,000 shall be made available for 
     programs and activities which directly protect biodiversity, 
     including forests, in developing countries: Provided further, 
     That of the funds made available under the previous proviso, 
     $1,500,000 shall be made available to improve the capacity of 
     indigenous groups and local environmental organizations and 
     law enforcement agencies to protect the biodiversity of 
     indigenous reserves in the Amazon Basin region of Brazil, 
     which amount shall be in addition to the amount requested in 
     this Act for assistance for Brazil for fiscal year 2004: 
     Provided further, That not later than one year after 
     enactment of this Act, the Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development and other appropriate 
     departments and agencies, and after consultation with 
     appropriate governments and nongovernmental organizations, 
     shall submit to the Committees on Appropriations a strategy 
     for biodiversity conservation in the Amazon Basin region of 
     South America: Provided further, That of the funds 
     appropriated under the headings ``Development Assistance'' 
     and ``Andean Counterdrug Initiative'', not less than 
     $5,000,000 shall be made available in fiscal year 2004 to 
     develop the strategy described in the previous proviso: 
     Provided further, That funds appropriated by this Act under 
     the heading ``Child Survival and Health Programs Fund'' 
     should be used to fund child survival, health, and family 
     planning activities of integrated population-health-
     environment programs, including in areas where biodiversity 
     and endangered species are threatened, and funds appropriated 
     by this Act under the heading ``Development Assistance'' 
     should be used to fund environment, conservation, natural 
     resource management, and sustainable agriculture activities 
     of such integrated programs: Provided further, That of the 
     funds appropriated by this Act, not less than $185,000,000 
     shall be made available to support policies and programs in 
     developing countries and countries in transition that 
     directly (1) promote a wide range of energy conservation, 
     energy efficiency and clean energy programs and activities, 
     including the transfer of clean and environmentally 
     sustainable energy technologies; (2) measure, monitor, and 
     reduce greenhouse gas emissions; (3) increase carbon 
     sequestration activities; and (4) enhance climate change 
     mitigation and adaptation programs.
       (b) Climate Change Report.--Not later than 45 days after 
     the date on which the President's fiscal year 2005 budget 
     request is submitted to Congress, the President shall submit 
     a report to the Committees on Appropriations describing in 
     detail the following--
       (1) all Federal agency obligations and expenditures, 
     domestic and international, for climate change programs and 
     activities in fiscal year 2004, including an accounting of 
     expenditures by agency with each agency identifying climate 
     change activities and associated costs by line item as 
     presented in the President's Budget Appendix; and
       (2) all fiscal year 2003 obligations and estimated 
     expenditures, fiscal year 2004 estimated expenditures and 
     estimated obligations, and fiscal year 2005 requested funds 
     by the United States Agency for International Development, by 
     country and central program, for each of the following: (i) 
     to promote the transfer and deployment of a wide range of 
     United States clean energy and energy efficiency 
     technologies; (ii) to assist in the measurement, monitoring, 
     reporting, verification, and reduction of greenhouse gas 
     emissions; (iii) to promote carbon capture and sequestration 
     measures; (iv) to help meet such countries' responsibilities 
     under the Framework Convention on Climate Change; and (v) to 
     develop assessments of the vulnerability to impacts of 
     climate change and mitigation and adaptation response 
     strategies.


            REGIONAL PROGRAMS FOR EAST ASIA AND THE PACIFIC

       Sec. 655. Funds appropriated by this Act under the heading 
     ``Economic Support Fund'' that are allocated for ``Regional 
     Democracy'' and ``ASEAN Regional'' assistance for East Asia 
     and the Pacific shall be made available for the Human Rights 
     and Democracy Fund of the Bureau for Democracy, Human Rights 
     and Labor, Department of State to support democracy programs 
     in Iraq.


                                ZIMBABWE

       Sec. 656. The Secretary of the Treasury shall instruct the 
     United States executive director to each international 
     financial institution to vote against any extension by the 
     respective institution of any loans, to the Government of 
     Zimbabwe, except to meet basic human needs or to promote 
     democracy, unless the Secretary of State determines and 
     certifies to the Committees on Appropriations that the rule 
     of law has been restored in Zimbabwe, including respect for 
     ownership and title to property, freedom of speech and 
     association.


                                NIGERIA

       Sec. 657. None of the funds appropriated under the headings 
     ``International Military Education and Training'' and 
     ``Foreign Military Financing Program'' may be made available 
     for assistance for Nigeria until the President certifies to 
     the Committees on Appropriations that the Nigerian Minister 
     of Defense, the Chief of the Army Staff, and the Minister of 
     State for Defense/Army are suspending from the Armed Forces 
     those members, of whatever rank, against whom there is 
     credible evidence of gross violations of human rights in 
     Benue State in October 2001, and the Government of Nigeria 
     and the Nigerian Armed Forces are taking effective measures 
     to bring such individuals to justice: Provided, That the 
     President may waive such prohibition if he determines that 
     doing so is in the national security interest of the United 
     States: Provided further, That prior to exercising such 
     waiver authority, the President shall submit a report to the 
     Committees on Appropriations describing the involvement of 
     the Nigerian Armed Forces in the incident in Benue State, the 
     measures that are being taken to bring such individuals to 
     justice, and whether any Nigerian Armed Forces units involved 
     with the incident in Benue State are receiving United States 
     assistance.


                                 burma

       Sec. 658. (a) The Secretary of the Treasury shall instruct 
     the United States executive director to each appropriate 
     international financial institution in which the United 
     States participates, to oppose and vote against the extension 
     by such institution of any loan or financial or technical 
     assistance or any other utilization of funds of the 
     respective bank to and for Burma.
       (b) Of the funds appropriated under the heading ``Economic 
     Support Fund'', not less than $15,000,000 shall be made 
     available to support democracy activities in Burma, along the 
     Burma-Thailand border, for activities of Burmese student 
     groups and other organizations located outside Burma, and for 
     the purpose of supporting the provision of humanitarian 
     assistance to displaced Burmese along Burma's borders: 
     Provided, That funds made available under this heading may be 
     made available notwithstanding any other provision of law: 
     Provided further, That not more than 60 days after enactment 
     of this Act, the Secretary of State, in consultation with the 
     Administrator of the United States Agency for International 
     Development, shall submit a report to the Committees on 
     Appropriations detailing the amount and rate of disbursement 
     of fiscal years 2002 and 2003 funding for HIV/AIDS programs 
     and activities in Burma, the amount of funds expended by the 
     State Peace and Development Council (SPDC)

[[Page 26863]]

     on HIV/AIDS programs and activities in calendar years 2001, 
     2002, and 2003, and the extent to which international 
     nongovernmental organizations are able to conduct HIV/AIDS 
     programs throughout Burma, including the ability of 
     expatriate staff to freely travel through the country and to 
     conduct programmatic oversight independent of SPDC handling 
     and monitoring: Provided further, That funds made available 
     by this section shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (c) It is the sense of the Senate that the United Nations 
     Security Council should debate and consider sanctions against 
     Burma as a result of the threat to regional stability and 
     peace posed by the repressive and illegitimate rule of the 
     State Peace and Development Council.


                      enterprise fund restrictions

       Sec. 659. Prior to the distribution of any assets resulting 
     from any liquidation, dissolution, or winding up of an 
     Enterprise Fund, in whole or in part, the President shall 
     submit to the Committees on Appropriations, in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations, a plan for the distribution of the assets of 
     the Enterprise Fund.


                                cambodia

       Sec. 660. (a) The Secretary of the Treasury shall instruct 
     the United States executive directors of the international 
     financial institutions to use the voice and vote of the 
     United States to oppose loans to the Central Government of 
     Cambodia, except loans to meet basic human needs.
       (b)(1) None of the funds appropriated by this Act may be 
     made available for assistance for the Central Government of 
     Cambodia.
       (2) Paragraph (1) shall not apply to assistance for basic 
     education, reproductive and maternal and child health, 
     cultural and historic preservation, programs for the 
     prevention, treatment, and control of, and research on, HIV/
     AIDS, tuberculosis, malaria, polio and other infectious 
     diseases, programs to combat human trafficking that are 
     provided through nongovernmental organizations, and for the 
     Ministry of Women and Veterans Affairs to combat human 
     trafficking.
       (c) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'', $7,000,000 shall be made 
     available, notwithstanding subsection (b), for assistance for 
     democratic opposition political parties in Cambodia.
       (d) Funds appropriated by this Act to carry out provisions 
     of section 541 of the Foreign Assistance Act of 1961 may be 
     made available notwithstanding subsection (b) only if at 
     least 15 days prior to the obligation of such funds, the 
     Secretary of State provides to the Committees on 
     Appropriations a list of those individuals who have been 
     credibly alleged to have ordered or carried out extrajudicial 
     and political killings that occurred during the March 1997 
     grenade attack against the Khmer Nation Party, the July 1997 
     coup d'etat, and election related violence that occurred 
     during the 1998, 2002, and 2003 elections in Cambodia.
       (e) None of the funds appropriated or otherwise made 
     available by this Act may be used to provide assistance to 
     any tribunal established by the Government of Cambodia unless 
     the Secretary of State certifies to the Committees on 
     Appropriations that the perpetrators of the March 1997 
     grenade attack and election-related killings, including 
     former parliamentarian Om Radsady, have been arrested and 
     prosecuted.


                    FOREIGN MILITARY TRAINING REPORT

       Sec. 661. (a) Notwithstanding any other provision of law, 
     the Secretary of Defense and the Secretary of State shall 
     jointly provide to the Congress by May 1, 2004, a report on 
     all military training provided to foreign military personnel 
     (excluding sales and training provided to the military 
     personnel of countries belonging to the North Atlantic Treaty 
     Organization (NATO) or of a country that has concluded a 
     protocol with NATO for accession to NATO) under programs 
     administered by the Department of Defense and the Department 
     of State during fiscal year 2003 and those proposed for 
     fiscal year 2004. This report shall include, for each such 
     military training activity, the foreign policy justification 
     and purpose for the training activity, the cost of the 
     training activity, the number of foreign students trained and 
     their units of operation, and the location of the training. 
     In addition, this report shall also include, with respect to 
     United States personnel, the operational benefits to United 
     States forces derived from each such training activity and 
     the United States military units involved in each such 
     training activity. This report may include a classified annex 
     if deemed necessary and appropriate.
       (b) For purposes of this section a report to Congress shall 
     be deemed to mean a report to the Appropriations and Foreign 
     Relations Committees of the Senate and the Appropriations and 
     International Relations Committees of the House of 
     Representatives.


               ENTERPRISE FUNDS IN THE MIDDLE EAST REGION

       Sec. 662. (a) Funds appropriated by this Act under the 
     heading ``Economic Support Fund'' may be made available, 
     notwithstanding any other provision of law, to establish and 
     operate one or more enterprise funds in the Middle East 
     region for the purpose of supporting the private sectors in 
     that region: Provided, That provisions contained in section 
     201 of the Support for East European Democracy (SEED) Act of 
     1989 (excluding the authorizations of appropriations provided 
     in subsection (b) of that section) shall apply with respect 
     to such enterprise funds: Provided further, That prior to 
     obligating any funds for purposes other than the 
     administrative support of any such enterprise fund, and every 
     six months after the establishment of such fund, the 
     President shall certify and report to the Committees on 
     Appropriations that--
       (1) the enterprise fund has taken all appropriate steps to 
     ensure that amounts appropriated by this Act that are 
     provided to the fund for the purpose of assisting the 
     development of the private sector are not provided to or 
     through any individual or entity that the management of the 
     fund knows or has reason to believe advocates, plans, 
     sponsors, or engages in, or has engaged in, terrorist 
     activity;
       (2) the enterprise fund furthers United States commercial 
     interests in the region; and
       (3) the enterprise fund is managed in a fiscally 
     responsible manner.


                         palestinian statehood

       Sec. 663. (a) Limitation on Assistance.--None of the funds 
     appropriated by this Act may be provided to support a 
     Palestinian state unless the Secretary of State determines 
     and certifies to the appropriate congressional committees 
     that--
       (1) a new leadership of a Palestinian governing entity, 
     that has not supported acts of terrorism, has been 
     democratically elected through credible and competitive 
     elections;
       (2) the elected governing entity of a new Palestinian 
     state--
       (A) has demonstrated a firm commitment to peaceful co-
     existence with the State of Israel;
       (B) has taken appropriate measures to counter terrorism and 
     terrorist financing in the West Bank and Gaza, including the 
     dismantling of terrorist infrastructures;
       (C) has established a new Palestinian security entity that 
     is fully cooperative with appropriate Israeli and other 
     appropriate security organizations; and
       (D) has taken appropriate measures to enact a constitution 
     assuring the rule of law and other reforms assuring 
     transparent and accountable governance.
       (b) Waiver.--The President may waive subsection (a) if he 
     determines that it is in the national security interests of 
     the United States to do so.
       (c) Exemption.--The restriction in subsection (a) shall not 
     apply to assistance intended to help reform the Palestinian 
     Authority and affiliated institutions, or a newly elected 
     governing entity, in order to help meet the requirements of 
     subsection (a), consistent with the provisions of section 652 
     of this Act (``Limitation on Assistance to the Palestinian 
     Authority'').


                                COLOMBIA

       Sec. 664. (a) Determination and Certification Required.--
     Notwithstanding any other provision of law, funds 
     appropriated by this Act that are available for assistance 
     for the Colombian Armed Forces, may be made available as 
     follows:
       (1) Up to 50 percent of such funds may be obligated prior 
     to a determination and certification by the Secretary of 
     State pursuant to paragraph (2).
       (2) Up to 25 percent of such funds may be obligated only 
     after the Secretary of State certifies and reports to the 
     appropriate congressional committees that:
       (A) The Commander General of the Colombian Armed Forces is 
     suspending from the Armed Forces those members, of whatever 
     rank, who, according to the Minister of Defense or the 
     Procuraduria General de la Nacion, have been credibly alleged 
     to have committed gross violations of human rights, including 
     extra-judicial killings, or to have aided or abetted 
     paramilitary organizations.
       (B) The Colombian Government is vigorously investigating 
     and prosecuting those members of the Colombian Armed Forces, 
     of whatever rank, who have been credibly alleged to have 
     committed gross violations of human rights, including extra-
     judicial killings, or to have aided or abetted paramilitary 
     organizations, and is promptly punishing those members of the 
     Colombian Armed Forces found to have committed such 
     violations of human rights or to have aided or abetted 
     paramilitary organizations.
       (C) The Colombian Armed Forces have made substantial 
     progress in cooperating with civilian prosecutors and 
     judicial authorities in such cases (including providing 
     requested information, such as the identity of persons 
     suspended from the Armed Forces and the nature and cause of 
     the suspension, and access to witnesses, relevant military 
     documents, and other requested information).
       (D) The Colombian Armed Forces have made substantial 
     progress in severing links (including denying access to 
     military intelligence, vehicles, and other equipment or 
     supplies, and ceasing other forms of active or tacit 
     cooperation) at the command, battalion, and brigade levels, 
     with paramilitary organizations, especially in regions where 
     these organizations have a significant presence.
       (E) The Colombian Armed Forces are dismantling paramilitary 
     leadership and financial networks by arresting commanders and 
     financial backers, especially in regions where these networks 
     have a significant presence.
       (3) The balance of such funds may be obligated after July 
     31, 2004, if the Secretary of State certifies and reports to 
     the appropriate congressional committees, after such date, 
     that the Colombian Armed Forces are continuing to meet the 
     conditions contained in paragraph (2) and are conducting 
     vigorous operations to restore government authority and 
     respect for human rights in areas under the effective control 
     of paramilitary and guerrilla organizations.
       (b) Consultative Process.--At least 10 days prior to making 
     the certifications required by subsection (a), the Secretary 
     of State shall consult with internationally recognized human 
     rights organizations regarding progress in meeting the 
     conditions contained in that subsection.

[[Page 26864]]

       (c) Definitions.--In this section:
       (1) Aided or abetted.--The term ``aided or abetted'' means 
     to provide any support to paramilitary groups, including 
     taking actions which allow, facilitate, or otherwise foster 
     the activities of such groups.
       (2) Paramilitary groups.--The term ``paramilitary groups'' 
     means illegal self-defense groups and illegal security 
     cooperatives.


                          ILLEGAL ARMED GROUPS

       Sec. 665. (a) Denial of Visas to Supporters of Colombian 
     Illegal Armed Groups.--Subject to subsection (b), the 
     Secretary of State shall not issue a visa to any alien who 
     the Secretary determines, based on credible evidence--
       (1) has willfully provided any support to the Revolutionary 
     Armed Forces of Colombia (FARC), the National Liberation Army 
     (ELN), or the United Self-Defense Forces of Colombia (AUC), 
     including taking actions or failing to take actions which 
     allow, facilitate, or otherwise foster the activities of such 
     groups; or
       (2) has committed, ordered, incited, assisted, or otherwise 
     participated in the commission of gross violations of human 
     rights, including extra-judicial killings, in Colombia.
       (b) Waiver.--Subsection (a) shall not apply if the 
     Secretary of State determines and certifies to the 
     appropriate congressional committees, on a case-by-case 
     basis, that the issuance of a visa to the alien is necessary 
     to support the peace process in Colombia or for urgent 
     humanitarian reasons.


 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION

       Sec. 666. None of the funds appropriated or otherwise made 
     available by this Act may be used to provide equipment, 
     technical support, consulting services, or any other form of 
     assistance to the Palestinian Broadcasting Corporation.


                                  IRAQ

       Sec. 667. Notwithstanding any other provision of law, funds 
     appropriated under the heading ``Economic Support Fund'' may 
     be made available for assistance for Iraq: Provided, That the 
     provisions of section 620G of the Foreign Assistance Act of 
     1961, or any other provision of law that applies to countries 
     that have supported terrorism, shall not apply with respect 
     to countries that provide assistance to Iraq: Provided 
     further, That funds appropriated by this Act or prior 
     appropriations Acts for Iraq should be made available for the 
     removal and safe disposal in Iraq of unexploded ordnance, low 
     level radioactive waste, and other environmental hazards: 
     Provided further, That not less than $10,000,000 of the funds 
     appropriated by this Act or prior appropriations Acts that 
     are available for assistance for Iraq should be made 
     available for investigations of human rights violations by 
     the former Iraq regime including the excavation of mass 
     graves: Provided further, That funds made available under 
     this section are made available subject to the regular 
     notification procedures of the Committees on Appropriations.


                       west bank and gaza program

       Sec. 668. (a) Oversight.--For fiscal year 2004, 30 days 
     prior to the initial obligation of funds for the bilateral 
     West Bank and Gaza Program, the Secretary of State shall 
     certify to the appropriate committees of Congress that 
     procedures have been established to assure the Comptroller 
     General of the United States will have access to appropriate 
     United States financial information in order to review the 
     uses of United States assistance for the Program funded under 
     the heading ``Economic Support Fund'' for the West Bank and 
     Gaza.
       (b) Vetting.--Prior to the obligation of funds appropriated 
     by this Act under the heading ``Economic Support Fund'' for 
     assistance for the West Bank and Gaza, the Secretary of State 
     shall take all appropriate steps to ensure that such 
     assistance is not provided to or through any individual or 
     entity that the Secretary knows or has reason to believe 
     advocates, plans, sponsors, engages in, or has engaged in, 
     terrorist activity. The Secretary of State shall, as 
     appropriate, establish procedures specifying the steps to be 
     taken in carrying out this subsection.
       (c) Audits.--(1) The Administrator of the United States 
     Agency for International Development shall ensure that 
     Federal or non-Federal audits of all contractors and 
     grantees, and significant subcontractors and subgrantees, 
     under the West Bank and Gaza Program, are conducted at least 
     on an annual basis to ensure, among other things, compliance 
     with this section.
       (2) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'' that are made available for 
     assistance for the West Bank and Gaza, up to $1,000,000 may 
     be used by the Office of the Inspector General of the United 
     States Agency for International Development for audits, 
     inspections, and other activities in furtherance of the 
     requirements of this subsection. Such funds are in addition 
     to funds otherwise available for such purposes.


                               INDONESIA

       Sec. 669. Funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'' may be made available 
     for assistance for Indonesia, and licenses may be issued for 
     the export of lethal defense articles for the Indonesian 
     Armed Forces, only if the President certifies to the 
     appropriate congressional committees that--
       (1) the Indonesia Minister of Defense is suspending from 
     the Armed Forces those members, of whatever rank, who have 
     been credibly alleged to have committed gross violations of 
     human rights, or to have aided or abetted militia groups;
       (2) the Indonesian Government is prosecuting those members 
     of the Indonesian Armed Forces, of whatever rank, who have 
     been credibly alleged to have committed gross violations of 
     human rights, or to have aided or abetted militia groups, and 
     is punishing those members of the Indonesian Armed Forces 
     found to have committed such violations of human rights or to 
     have aided or abetted militia groups;
       (3) the Indonesian Armed Forces are cooperating with 
     civilian prosecutors and judicial authorities in Indonesia 
     and with the joint United Nations-East Timor Serious Crimes 
     Unit (SCU) in such cases (including extraditing those 
     indicted by the SCU to East Timor and providing access to 
     witnesses, relevant military documents, and other requested 
     information);
       (4) the Indonesian Government and Armed Forces are 
     cooperating with the Federal Bureau of Investigation's 
     investigation of the killings and wounding of American and 
     Indonesian citizens in Papua on August 31, 2002; and
       (5) the Minister of Defense is making publicly available 
     audits of receipts and expenditures of the Indonesian Armed 
     Forces.


  restrictions on assistance to governments destabilizing West Africa

       Sec. 670. (a) None of the funds appropriated by this Act 
     may be made available for assistance for the government of 
     any country for which the Secretary of State determines there 
     is credible evidence that such government has aided or 
     abetted, within the previous 6 months, in the illicit 
     distribution, transportation, or sale of diamonds mined in 
     Sierra Leone or Liberia.
       (b) Whenever the prohibition on assistance required under 
     subsection (a) is exercised, the Secretary of State shall 
     notify the Committees on Appropriations in a timely manner.


                  Special Debt Relief for the Poorest

       Sec. 671. (a) Authority to Reduce Debt.--The President may 
     reduce amounts owed to the United States (or any agency of 
     the United States) by an eligible country as a result of--
       (1) guarantees issued under sections 221 and 222 of the 
     Foreign Assistance Act of 1961;
       (2) credits extended or guarantees issued under the Arms 
     Export Control Act; or
       (3) any obligation or portion of such obligation, to pay 
     for purchases of United States agricultural commodities 
     guaranteed by the Commodity Credit Corporation under export 
     credit guarantee programs authorized pursuant to section 5(f) 
     of the Commodity Credit Corporation Charter Act of June 29, 
     1948, as amended, section 4(b) of the Food for Peace Act of 
     1966, as amended (Public Law 89-808), or section 202 of the 
     Agricultural Trade Act of 1978, as amended (Public Law 95-
     501).
       (b) Limitations.--
       (1) The authority provided by subsection (a) may be 
     exercised only to implement multilateral official debt relief 
     and referendum agreements, commonly referred to as ``Paris 
     Club Agreed Minutes''.
       (2) The authority provided by subsection (a) may be 
     exercised only in such amounts or to such extent as is 
     provided in advance by appropriations Acts.
       (3) The authority provided by subsection (a) may be 
     exercised only with respect to countries with heavy debt 
     burdens that are eligible to borrow from the International 
     Development Association, but not from the International Bank 
     for Reconstruction and Development, commonly referred to as 
     ``IDA-only'' countries.
       (c) Conditions.--The authority provided by subsection (a) 
     may be exercised only with respect to a country whose 
     government--
       (1) does not have an excessive level of military 
     expenditures;
       (2) has not repeatedly provided support for acts of 
     international terrorism;
       (3) is not failing to cooperate on international narcotics 
     control matters;
       (4) (including its military or other security forces) does 
     not engage in a consistent pattern of gross violations of 
     internationally recognized human rights; and
       (5) is not ineligible for assistance because of the 
     application of section 527 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995.
       (d) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to the funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.
       (e) Certain Prohibitions Inapplicable.--A reduction of debt 
     pursuant to subsection (a) shall not be considered assistance 
     for the purposes of any provision of law limiting assistance 
     to a country. The authority provided by subsection (a) may be 
     exercised notwithstanding section 620(r) of the Foreign 
     Assistance Act of 1961 or section 321 of the International 
     Development and Food Assistance Act of 1975.


             Authority to Engage in Debt Buybacks or Sales

       Sec. 672. (a) Loans Eligible for Sale, Reduction, or 
     Cancellation.--
       (1) Authority to sell, reduce, or cancel certain loans.--
     Notwithstanding any other provision of law, the President 
     may, in accordance with this section, sell to any eligible 
     purchaser any concessional loan or portion thereof made 
     before January 1, 1995, pursuant to the Foreign Assistance 
     Act of 1961, to the government of any eligible country as 
     defined in section 702(6) of that Act or on receipt of 
     payment from an eligible purchaser, reduce or cancel such 
     loan or portion thereof, only for the purpose of 
     facilitating--
       (A) debt-for-equity swaps, debt-for-development swaps, or 
     debt-for-nature swaps; or
       (B) a debt buyback by an eligible country of its own 
     qualified debt, only if the eligible country uses an 
     additional amount of the local currency of the eligible 
     country, equal to not less

[[Page 26865]]

     than 40 percent of the price paid for such debt by such 
     eligible country, or the difference between the price paid 
     for such debt and the face value of such debt, to support 
     activities that link conservation and sustainable use of 
     natural resources with the local community development, and 
     child survival and other child development, in a manner 
     consistent with sections 707 through 710 of the Foreign 
     Assistance Act of 1961, if the sale, reduction, or 
     cancellation would not contravene any term or condition of 
     any prior agreement relating to such loan.
       (2) Terms and conditions.--Notwithstanding any other 
     provision of law, the President shall, in accordance with 
     this section, establish the terms and conditions under which 
     loans may be sold, reduced, or canceled pursuant to this 
     section.
       (3) Administration.--The Facility, as defined in section 
     702(8) of the Foreign Assistance Act of 1961, shall notify 
     the administrator of the agency primarily responsible for 
     administering part I of the Foreign Assistance Act of 1961 of 
     purchasers that the President has determined to be eligible, 
     and shall direct such agency to carry out the sale, 
     reduction, or cancellation of a loan pursuant to this 
     section. Such agency shall make adjustment in its accounts to 
     reflect the sale, reduction, or cancellation.
       (4) Limitation.--The authorities of this subsection shall 
     be available only to the extent that appropriations for the 
     cost of the modification, as defined in section 502 of the 
     Congressional Budget Act of 1974, are made in advance.
       (b) Deposit of Proceeds.--The proceeds from the sale, 
     reduction, or cancellation of any loan sold, reduced, or 
     canceled pursuant to this section shall be deposited in the 
     United States Government account or accounts established for 
     the repayment of such loan.
       (c) Eligible Purchasers.--A loan may be sold pursuant to 
     subsection (a)(1)(A) only to a purchaser who presents plans 
     satisfactory to the President for using the loan for the 
     purpose of engaging in debt-for-equity swaps, debt-for-
     development swaps, or debt-for-nature swaps.
       (d) Debtor Consultations.--Before the sale to any eligible 
     purchaser, or any reduction or cancellation pursuant to this 
     section, of any loan made to an eligible country, the 
     President should consult with the country concerning the 
     amount of loans to be sold, reduced, or canceled and their 
     uses for debt-for-equity swaps, debt-for-development swaps, 
     or debt-for-nature swaps.
       (e) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.


            contributions to united nations population fund

       Sec. 673. Funds appropriated in Public Law 107-115 and 
     Public Law 108-7 that were available for the United Nations 
     Population Fund (UNFPA), and $35,000,000 in this Act, shall 
     be made available for the UNFPA unless the President 
     determines that the UNFPA supports or participates in the 
     management of a program of coercive abortion or involuntary 
     sterilization: Provided, That none of the funds made 
     available for the UNFPA may be used in the People's Republic 
     of China: Provided further, That the other conditions on 
     availability of funds for abortion and abortion-related 
     activities contained in this Act shall apply to any 
     assistance provided for the UNFPA in this Act: Provided 
     further, That the conditions on availability of funds for the 
     UNFPA as contained in section 576(c) of Public Law 107-115 
     shall apply to any assistance provided for the UNFPA in this 
     Act.


                              central asia

       Sec. 674. (a) Funds appropriated by this Act may be made 
     available for assistance for the central Government of 
     Uzbekistan only if the Secretary of State determines and 
     reports to the Committees on Appropriations that the 
     Government of Uzbekistan is making substantial and continuing 
     progress in meeting its commitments under the ``Declaration 
     on the Strategic Partnership and Cooperation Framework 
     Between the Republic of Uzbekistan and the United States of 
     America'', including respect for human rights, establishing a 
     genuine multi-party system, and ensuring free and fair 
     elections, freedom of expression, and the independence of the 
     media.
       (b) Funds appropriated by this Act may be made available 
     for assistance for the Government of Kazakhstan only if the 
     Secretary of State determines and reports to the Committees 
     on Appropriations that the Government of Kazakhstan has made 
     significant improvements in the protection of human rights 
     during the preceding 6 month period.
       (c) The Secretary of State may waive the requirements under 
     subsection (b) if he determines and reports to the Committees 
     on Appropriations that such a waiver is in the national 
     security interests of the United States.
       (d) Not later than October 1, 2004, the Secretary of State 
     shall submit a report to the Committees on Appropriations 
     describing the following:
       (1) The defense articles, defense services, and financial 
     assistance provided by the United States to the countries of 
     Central Asia during the 6-month period ending 30 days prior 
     to submission of each such report.
       (2) The use during such period of defense articles, defense 
     services, and financial assistance provided by the United 
     States by units of the armed forces, border guards, or other 
     security forces of such countries.
       (e) For purposes of this section, the term ``countries of 
     Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, 
     Tajikistan, and Turkmenistan.


                 COMMERCIAL LEASING OF DEFENSE ARTICLES

       Sec. 675. Notwithstanding any other provision of law, and 
     subject to the regular notification procedures of the 
     Committees on Appropriations, the authority of section 23(a) 
     of the Arms Export Control Act may be used to provide 
     financing to Israel, Egypt and NATO and major non-NATO allies 
     for the procurement by leasing (including leasing with an 
     option to purchase) of defense articles from United States 
     commercial suppliers, not including Major Defense Equipment 
     (other than helicopters and other types of aircraft having 
     possible civilian application), if the President determines 
     that there are compelling foreign policy or national security 
     reasons for those defense articles being provided by 
     commercial lease rather than by government-to-government sale 
     under such Act.


                             WAR CRIMINALS

       Sec. 676. (a)(1) None of the funds appropriated or 
     otherwise made available pursuant to this Act may be made 
     available for assistance, and the Secretary of the Treasury 
     shall instruct the United States executive directors to the 
     international financial institutions to vote against any new 
     project involving the extension by such institutions of any 
     financial or technical assistance, to any country, entity, or 
     municipality whose competent authorities have failed, as 
     determined by the Secretary of State, to take necessary and 
     significant steps to implement its international legal 
     obligations to apprehend and transfer to the International 
     Criminal Tribunal for the former Yugoslavia (the 
     ``Tribunal'') all persons in their territory who have been 
     indicted by the Tribunal and to otherwise cooperate with the 
     Tribunal.
       (2) The provisions of this subsection shall not apply to 
     humanitarian assistance or assistance for democratization.
       (b) The provisions of subsection (a) shall apply unless the 
     Secretary of State determines and reports to the appropriate 
     congressional committees that the competent authorities of 
     such country, entity, or municipality are--
       (1) cooperating with the Tribunal, including access for 
     investigators to archives and witnesses, the provision of 
     documents, and the surrender and transfer of indictees or 
     assistance in their apprehension; and
       (2) are acting consistently with the Dayton Accords.
       (c) Not less than 10 days before any vote in an 
     international financial institution regarding the extension 
     of any new project involving financial or technical 
     assistance or grants to any country or entity described in 
     subsection (a), the Secretary of the Treasury, in 
     consultation with the Secretary of State, shall provide to 
     the Committees on Appropriations a written justification for 
     the proposed assistance, including an explanation of the 
     United States position regarding any such vote, as well as a 
     description of the location of the proposed assistance by 
     municipality, its purpose, and its intended beneficiaries.
       (d) In carrying out this section, the Secretary of State, 
     the Administrator of the United States Agency for 
     International Development, and the Secretary of the Treasury 
     shall consult with representatives of human rights 
     organizations and all government agencies with relevant 
     information to help prevent indicted war criminals from 
     benefiting from any financial or technical assistance or 
     grants provided to any country or entity described in 
     subsection (a).
       (e) The Secretary of State may waive the application of 
     subsection (a) with respect to projects within a country, 
     entity, or municipality upon a written determination to the 
     Committees on Appropriations that such assistance directly 
     supports the implementation of the Dayton Accords.
       (f) Definitions.--As used in this section--
       (1) Country.--The term ``country'' means Bosnia and 
     Herzegovina, Croatia and Serbia.
       (2) Entity.--The term ``entity'' refers to the Federation 
     of Bosnia and Herzegovina, Kosovo, Montenegro and the 
     Republika Srpska.
       (3) Municipality.--The term ``municipality'' means a city, 
     town or other subdivision within a country or entity as 
     defined herein.
       (4) Dayton accords.--The term ``Dayton Accords'' means the 
     General Framework Agreement for Peace in Bosnia and 
     Herzegovina, together with annexes relating thereto, done at 
     Dayton, November 10 through 16, 1995.


                               User Fees

       Sec. 677. The Secretary of the Treasury shall instruct the 
     United States Executive Director at each international 
     financial institution (as defined in section 1701(c)(2) of 
     the International Financial Institutions Act) and the 
     International Monetary Fund to oppose any loan, grant, 
     strategy or policy of these institutions that would require 
     user fees or service charges on poor people for primary 
     education or primary healthcare, including prevention and 
     treatment efforts for HIV/AIDS, malaria, tuberculosis, and 
     infant, child, and maternal well-being, in connection with 
     the institutions' financing programs.


                           funding for serbia

       Sec. 678. (a) Funds appropriated by this Act may be made 
     available for assistance for Serbia after March 31, 2004, if 
     the President has made the determination and certification 
     contained in subsection (c).
       (b) After March 31, 2004, the Secretary of the Treasury 
     should instruct the United States executive directors to the 
     international financial institutions to support loans and 
     assistance to the Government of the Federal Republic of 
     Yugoslavia (or a government of a successor state) subject to 
     the conditions in subsection (c): Provided, That section 576 
     of the Foreign Operations, Export Financing, and Related 
     Programs

[[Page 26866]]

     Appropriations Act, 1997, as amended, shall not apply to the 
     provision of loans and assistance to the Federal Republic of 
     Yugoslavia (or a successor state) through international 
     financial institutions.
       (c) The determination and certification referred to in 
     subsection (a) is a determination by the President and a 
     certification to the Committees on Appropriations that the 
     Government of the Federal Republic of Yugoslavia (or a 
     government of a successor state) is--
       (1) cooperating with the International Criminal Tribunal 
     for the former Yugoslavia including access for investigators, 
     the provision of documents, and the surrender and transfer of 
     indictees, including Ratko Mladic, or assistance in their 
     apprehension;
       (2) taking steps that are consistent with the Dayton 
     Accords to end Serbian financial, political, security and 
     other support which has served to maintain separate Republika 
     Srpska institutions; and
       (3) taking steps to implement policies which reflect a 
     respect for minority rights and the rule of law, including 
     the release of political prisoners from Serbian jails and 
     prisons.
       (d) This section shall not apply to Montenegro, Kosovo, 
     humanitarian assistance or assistance to promote democracy in 
     municipalities.


              MULTILATERAL DEVELOPMENT BANK ACCOUNTABILITY

       Sec. 679. Beginning not more than 180 days after the date 
     of enactment of this Act, the Secretary of the Treasury shall 
     instruct the United States Executive Director of each 
     multilateral development bank or subsidiary or window thereof 
     (hereinafter ``Bank''), not to vote in favor of any action 
     proposed to be taken by such Bank unless not less than 45 
     days before consideration by the board of directors of such 
     Bank, the Secretary of State, in consultation with the 
     Secretary of the Treasury, has determined that--
       (1) such Bank is implementing regular, independent external 
     audits of internal management controls and procedures for 
     meeting operational objectives, complying with Bank policies, 
     and preventing fraud, and is making reports describing the 
     scope and findings of such audits available to the public on 
     at least an annual basis;
       (2) any proposed loan, credit, or grant agreement has been 
     published and includes the resources and conditionality 
     necessary to ensure that the borrower complies with 
     applicable laws in carrying out such loan, credit, or grant 
     agreement, including laws pertaining to the integrity and 
     transparency of the process such as public consultation, and 
     to public health and safety and environmental protection; and
       (3) such Bank is implementing effective procedures for the 
     receipt, retention, and treatment of (A) complaints received 
     by the Bank regarding fraud, accounting, mismanagement, 
     internal accounting controls, or auditing matters; and (B) 
     the confidential, anonymous submission by employees of the 
     Bank of concerns regarding fraud, accounting, mismanagement, 
     internal accounting controls, or auditing matters.


           COOPERATION WITH CUBA ON COUNTER-NARCOTICS MATTERS

       Sec. 680. (a) Subject to subsection (b), of the funds 
     appropriated under the heading ``International Narcotics 
     Control and Law Enforcement'', $5,000,000 should be made 
     available for the purposes of preliminary work by the 
     Department of State, or such other entity as the Secretary of 
     State may designate, to establish cooperation with 
     appropriate agencies of the Government of Cuba on counter-
     narcotics matters, including matters relating to cooperation, 
     coordination, and mutual assistance in the interdiction of 
     illicit drugs being transported through Cuba airspace or over 
     Cuba waters.
       (b) The amount in subsection (a) shall not be available if 
     the President certifies that--
       (1) Cuba does not have in place appropriate procedures to 
     protect against the loss of innocent life in the air and on 
     the ground in connection with the interdiction of illegal 
     drugs; and
       (2) there is evidence of involvement of the Government of 
     Cuba in drug trafficking.


                   Community-Based Police Assistance

       Sec. 681. (a) Authority.--Funds made available to carry out 
     the provisions of chapter 1 of part I and chapter 4 of part 
     II of the Foreign Assistance Act of 1961, may be used, 
     notwithstanding section 660 of that Act, to enhance the 
     effectiveness and accountability of civilian police authority 
     through training and technical assistance in internationally 
     recognized human rights, the rule of law, strategic planning, 
     and through assistance to foster civilian police roles that 
     support democratic governance including assistance for 
     programs to prevent conflict and foster improved police 
     relations with the communities they serve.
       (b) Notification.--Assistance provided under subsection (a) 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.
       (c) Report.--The requirement for an annual report, 
     contained in section 582 (b)(1) of Division E of Public Law 
     108-7, shall be applicable to all programs for which funds 
     are provided under the authority of this subsection.


    OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK 
                              RESTRICTIONS

       Sec. 682. (a) Limitation on Use of Funds by OPIC.--None of 
     the funds made available in this Act may be used by the 
     Overseas Private Investment Corporation to insure, reinsure, 
     guarantee, or finance any investment in connection with a 
     project involving the mining, polishing or other processing, 
     or sale of diamonds in a country that fails to meet the 
     requirements of subsection (c).
       (b) Limitation on Use of Funds by the Export-Import Bank.--
     None of the funds made available in this Act may be used by 
     the Export-Import Bank of the United States to guarantee, 
     insure, extend credit, or participate in an extension of 
     credit in connection with the export of any goods to a 
     country for use in an enterprise involving the mining, 
     polishing or other processing, or sale of diamonds in a 
     country that fails to meet the requirements of subsection 
     (c).
       (c) Requirements.--The requirements referred to in 
     subsections (a) and (b) are that the country concerned is 
     implementing the recommendations, obligations and 
     requirements developed by the Kimberley Process on conflict 
     diamonds.


  AMERICAN CHURCHWOMEN AND OTHER CITIZENS IN EL SALVADOR AND GUATEMALA

       Sec. 683. (a) Information relevant to the December 2, 1980, 
     murders of four American churchwomen in El Salvador, and the 
     May 5, 2001, murder of Sister Barbara Ann Ford and the 
     murders of other American citizens in Guatemala since 
     December 1999, should be declassified and made public as soon 
     as possible.
       (b) In making determinations concerning declassification 
     and release of relevant information, all Federal agencies and 
     departments should use the discretion contained within such 
     existing standards and procedures on classification in 
     support of releasing, rather than withholding, such 
     information.


                          CONFLICT RESOLUTION

       Sec. 684. Of the funds appropriated under the headings 
     ``Economic Support Fund'' and ``Assistance for Eastern Europe 
     and the Baltic States'', $15,000,000 shall be made available 
     to support conflict resolution programs and activities which 
     bring together individuals of different ethnic, religious, 
     and political backgrounds from areas of civil conflict and 
     war.


                               NICARAGUA

       Sec. 685. Of the funds appropriated under the headings 
     ``Economic Support Fund'', ``Development Assistance'', and 
     ``Child Survival and Health Programs Fund'', not less than 
     $35,000,000 shall be made available for assistance for 
     Nicaragua, of which not less than $5,000,000 shall be made 
     available from funds appropriated under the heading 
     ``Economic Support Fund'': Provided, That with respect to 
     funds made available pursuant to this section, priority shall 
     be given to programs to provide alternative means of income 
     for subsistence farmers and to promote judicial reform.


                 REPORT ON INTERNATIONAL COFFEE CRISIS

       Sec. 686. Not later than 120 days after enactment of this 
     Act, the Secretary of State, in consultation with the 
     Administrator of the United States Agency for International 
     Development and the Secretary of the Treasury, shall submit a 
     report to the Committees on Appropriations describing the 
     progress the United States is making toward meeting the 
     objectives set forth in paragraph (1) of S. Res. 368 (107th 
     Congress) and paragraph (1) of H. Res. 604 (107th Congress), 
     including adopting a global strategy to deal with the 
     international coffee crisis and measures to support and 
     complement multilateral efforts to respond to the 
     international coffee crisis.


                               VENEZUELA

       Sec. 687. (a) None of the funds appropriated or otherwise 
     made available pursuant by this Act may be made available for 
     assistance for the central Government of Venezuela if the 
     Secretary of State certifies to the Committees on 
     Appropriations that the central Government of Venezuela is 
     assisting, harboring, or providing sanctuary for Colombian 
     terrorist organizations.
       (b) The provision of subsection (a) shall not apply to 
     democracy and rule of law assistance for Venezuela.
       (c) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'', not less than $5,000,000 shall be 
     made available for democracy and rule of assistance for 
     Venezuela.


                           DISABILITY ACCESS

       Sec. 688. The Administrator of the United States Agency for 
     International Development (``USAID'') shall seek to ensure 
     that programs, projects, and activities administered by USAID 
     in Iraq and Afghanistan comply fully with USAID's ``Policy 
     Paper: Disability'' issued on September 12, 1997: Provided, 
     That the Administrator shall submit a report to the 
     Committees on Appropriations not later than December 31, 
     2004, describing the manner in which the needs of people with 
     disabilities were met in the development and implementation 
     of USAID programs, projects, and activities in Iraq and 
     Afghanistan in fiscal year 2004: Provided further, That the 
     Administrator, not later than 180 days after enactment of 
     this Act and in consultation, as appropriate, with other 
     appropriate departments and agencies, the Architectural and 
     Transportation Barriers Compliance Board, and nongovernmental 
     organizations with expertise in the needs of people with 
     disabilities, shall develop and implement appropriate 
     standards for access for people with disabilities for 
     construction projects funded by USAID.


                                THAILAND

       Sec. 689. Funds appropriated by this Act that are available 
     for the central Government of Thailand may be made available 
     if the Secretary of State determines and reports to the 
     Committees on Appropriations that the central Government of 
     Thailand (1) supports the advancement of democracy in Burma 
     and is taking action to sanction the military junta in 
     Rangoon; (2) is not hampering the delivery of humanitarian 
     assistance to people in Thailand who have fled Burma; and (3) 
     is not forcibly repatriating Burmese to Burma.

[[Page 26867]]




                 MODIFICATION ON REPORTING REQUIREMENTS

       Sec. 690. Section 3204(f) of the Emergency Supplemental 
     Act, 2000 (Public Law 106-246) is amended--
       (1) in the heading, by striking ``BIMONTHLY'' and inserting 
     ``QUARTERLY'';
       (2) by striking ``60'' and inserting ``90''; and
       (3) by striking ``Congress'' and inserting ``the 
     appropriate congressional committees''.


          ASSISTANCE FOR FOREIGN NONGOVERNMENTAL ORGANIZATIONS

       Sec. 691. Notwithstanding any other provision of law, 
     regulation, or policy, in determining eligibility for 
     assistance authorized under part I of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental 
     organizations--
       (1) shall not be ineligible for such assistance solely on 
     the basis of health or medical services including counseling 
     and referral services, provided by such organizations with 
     non-United States Government funds if such services do not 
     violate the laws of the country in which they are being 
     provided and would not violate United States Federal law if 
     provided in the United States; and
       (2) shall not be subject to requirements relating to the 
     use of non-United States Government funds for advocacy and 
     lobbying activities other than those that apply to United 
     States nongovernmental organizations receiving assistance 
     under part I of such Act.


PROHIBITION ON FUNDING TO COUNTRIES THAT TRADE IN CERTAIN WEAPONS WITH 
                              NORTH KOREA

       Sec. 692. (a) No funds appropriated pursuant to this Act 
     may be made available to the government of a country or for a 
     project in a country that, during the 12-month period ending 
     on the date that such funds would be obligated, has--
       (1) exported to North Korea any item listed on the United 
     States Munitions List under section 38 of the Arms Export 
     Control Act (22 U.S.C. 2278) or any dual-use item on the 
     Commerce Control List pursuant to the Export Administration 
     Regulations (15 C.F.R. part 730 et seq.), if the President 
     determines that such items are intended for use in a weapons 
     of mass destruction or a missile program in North Korea; or
       (2) imported from North Korea any item described in 
     paragraph (1).
       (b) The President may waive the prohibition in subsection 
     (a) with respect to a county or project if the President 
     certifies to Congress that it is in the national interest of 
     the United States to waive the prohibition.


                                MALAYSIA

       Sec. 693. (a) Funds appropriated by this Act that are 
     available for assistance for Malaysia may be made available 
     if the Secretary of State determines and reports to the 
     Committees on Appropriations that the Government of Malaysia 
     supports and promotes religious freedoms, including tolerance 
     for people of the Jewish faith.
       (b) The Secretary of State may waive the requirements of 
     subsection (a) if he determines and reports to the Committees 
     on Appropriations that such a waiver is in the national 
     security interests of the United States.


                          WAR CRIMES IN AFRICA

       Sec. 694. Funds appropriated by this Act, including funds 
     for debt restructuring, shall not be made available to the 
     central government of a country in which individuals indicted 
     by the International Criminal Tribunal for Rwanda (ICTR) and 
     the Special Court for Sierra Leone (SCSL) are credibly 
     alleged to be living unless the Secretary of State certifies 
     to the President of the Senate and the Speaker of the House 
     of Representatives that such government is cooperating with 
     ICTR and SCSL, including the surrender and transfer of 
     indictees: Provided, That the previous proviso shall not 
     apply to assistance provided under section 551 of the Foreign 
     Assistance Act of 1961: Provided further, That the United 
     States shall use its voice and vote in the United Nations 
     Security Council to fully support efforts by ICTR and SCSL to 
     bring to justice individuals indicted by such tribunals.

                    report on admission of refugees

       Sec. 695. (a) Congress makes the following findings:
       (1) As of October 2003, there are 13,000,000 refugees 
     worldwide, many of whom have fled religious, political, and 
     other forms of persecution.
       (2) Refugee resettlement remains a critical tool of 
     international refugee protection and an essential component 
     of the humanitarian and foreign policy of the United States.
       (3) Prior to the beginning of each fiscal year, the 
     President designates, in a Presidential Determination, a 
     target number of refugees to be admitted to the United States 
     under the United States Refugee Resettlement Program.
       (4) Although the President authorized the admission of 
     70,000 refugees in fiscal year 2003, only 28,419 refugees 
     were admitted.
       (5) From fiscal year 1980 to fiscal year 2000, the average 
     level of United States refugee admissions was slightly below 
     100,000 per year.
       (6) The United States Government policy is to resettle the 
     designated number of refugees each fiscal year. Congress 
     expects the Department of State, the Department of Homeland 
     Security, and the Department of Health and Human Services to 
     implement the admission of 70,000 refugees as authorized by 
     the President for fiscal year 2004.
       (b)(1) The Secretary of State shall utilize private 
     voluntary organizations with expertise in the protection 
     needs of refugees in the processing of refugees overseas for 
     admission and resettlement to the United States, and shall 
     utilize such agencies in addition to the United Nations High 
     Commissioner for Refugees in the identification and referral 
     of refugees.
       (2) The Secretary of State shall establish a system for 
     accepting referrals of appropriate candidates for 
     resettlement from local private, voluntary organizations and 
     work to ensure that particularly vulnerable refugee groups 
     receive special consideration for admission into the United 
     States, including--
       (A) long-stayers in countries of first asylum;
       (B) unaccompanied refugee minors;
       (C) refugees outside traditional camp settings; and
       (D) refugees in woman-headed households.
       (3) The Secretary of State shall give special consideration 
     to--
       (A) refugees of all nationalities who have close family 
     ties to citizens and residents of the United States; and
       (B) other groups of refugees who are of special concern to 
     the United States.
       (4) Not later than 90 days after the date of enactment of 
     this Act, the Secretary of State shall submit a report to the 
     appropriate congressional committees describing the steps 
     that have been taken to implement this subsection.
       (c) Not later than September 30, 2004, if the actual 
     refugee admissions numbers do not conform with the authorized 
     ceiling on the number of refugees who may be admitted, the 
     Secretary of State, the Secretary of Homeland Security, and 
     the Secretary of Health and Human Services shall report to 
     Congress on the--
       (1) execution and implementation of the refugee 
     resettlement program; and
       (2) reasons for the failure to resettle the maximum number 
     of refugees.


annual report on international religious freedom to include information 
            on anti-semitism and other religious intolerance

       Sec. 696. Section 102(b)(1) of the International Religious 
     Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) is amended by 
     adding at the end the following new subparagraph:
       ``(G) Acts of anti-semitism and other religious 
     intolerance.--A description for each foreign country of--
       ``(i) acts of violence against people of the Jewish faith 
     and other faiths that occurred in that country;
       ``(ii) the response of the government of that country to 
     such acts of violence; and
       ``(iii) actions by the government of that country to enact 
     and enforce laws relating to the protection of the right to 
     religious freedom with respect to people of the Jewish faith.

              post differentials and danger pay allowances

       Sec. 697. (a) Section 5925(a) of title 5, United States 
     Code, is amended in the third sentence by inserting after 
     ``25 percent of the rate of basic pay'' the following: ``or, 
     in the case of an employee of the United States Agency for 
     International Development, 35 percent of the rate of basic 
     pay''.
       (b) Section 5928 of title 5, United States Code, is amended 
     by inserting after ``25 percent of the basic pay of the 
     employee'' both places it appears the following: ``or 35 
     percent of the basic pay of the employee in the case of an 
     employee of the United States Agency for International 
     Development''.
       (c) The amendments made by subsections (a) and (b) shall 
     take effect on October 1, 2003, and shall apply with respect 
     to post differentials and danger pay allowances paid for 
     months beginning on or after that date.


   sense of congress on contracting for delivery of assistance by air

       Sec. 698. It is the sense of Congress that the 
     Administrator of the United States Agency for International 
     Development should, to the maximum extent practicable and in 
     a manner consistent with the use of full and open competition 
     (as that term is defined in section 4(6) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(6))), contract 
     with small, domestic air transport providers for purposes of 
     the delivery by air of assistance available under this Act.
       Sec. 699. (a) Congress makes the following findings:
       (1) International organizations and non-governmental 
     observers, including the Organization for Security and 
     Cooperation in Europe, the National Democratic Institute, and 
     Human Rights Watch documented widespread government 
     manipulation of the electoral process in advance of the 
     Presidential election held in Azerbaijan on October 15, 2003.
       (2) Such organizations and the Department of State reported 
     widespread vote falsification during the election, including 
     ballot stuffing, fraudulent additions to voter lists, and 
     irregularities with vote tallies and found that election 
     commission members from opposition parties were bullied into 
     signing falsified vote tallies.
       (3) The Department of State issued a statement on October 
     21, 2003 concluding that the irregularities that occurred 
     during the elections ``cast doubt on the credibility of the 
     election's results''.
       (4) Human Rights Watch reported that government forces in 
     Azerbaijan used excessive force against demonstrators 
     protesting election fraud and that such force resulted in at 
     least one death and injuries to more than 300 individuals.
       (5) Following the elections, the Government of Azerbaijan 
     arrested more than 330 individuals, many of whom are leaders 
     and rank-and-file members of opposition parties in 
     Azerbaijan, including individuals who served as observers and 
     polling-station officials who refused to sign vote tallies 
     from polling stations that the individuals believed were 
     fraudulent.
       (6) The national interest of the United States in promoting 
     stability in the Caucasus and Central Asia and in winning the 
     war on terrorism is

[[Page 26868]]

     best protected by maintaining relationships with democracies 
     committed to the rule of law.
       (7) The credible reports of fraud and intimidation cast 
     serious doubt on the legitimacy of the October 15, 2003 
     Presidential election in Azerbaijan and on the victory of 
     Ilham Aliev in such election.
       (b) It is the sense of Congress that--
       (1) the President and the Secretary of State should urge 
     the Government of Azerbaijan to create an independent 
     commission, with participation from the Organization for 
     Security and Cooperation in Europe and the Council of Europe, 
     to investigate the fraud and intimidation surrounding the 
     October 15, 2003 election in Azerbaijan, and to hold a new 
     election if such a commission finds that a new election is 
     warranted;
       (2) the violence that followed the election should be 
     condemned and should be investigated in a full and impartial 
     investigation;
       (3) the perpetrators of criminal acts related to the 
     election, including Azerbaijani police, should be held 
     accountable; and
       (4) the Government of Azerbaijan should immediately release 
     from detention all members of opposition political parties 
     who were arrested for peacefully expressing political 
     opinions.
       (c) Not later than 90 days after the date of the enactment 
     of this Act, the Secretary of State, in consultation with the 
     Attorney General, shall submit a report to the Committee on 
     Foreign Relations and the Committee on Appropriations of the 
     Senate and the Committee on International Relations and the 
     Committee of Appropriations of the House of Representatives 
     on the investigation of the murder of United States democracy 
     worker John Alvis. Such report shall include--
       (1) a description of the steps taken by the Government of 
     Azerbaijan to further such investigation and bring to justice 
     those responsible for the murder of John Alvis;
       (2) a description of the actions of the Government of 
     Azerbaijan to cooperate with United States agencies involved 
     in such investigation; and
       (3) any recommendations of the Secretary for furthering 
     progress of such investigation.


                         REPORT ON SIERRA LEONE

       Sec. 699A. Not later than 6 months after the date of 
     enactment of this Act, the Administrator of the United States 
     Agency for International Development shall submit a report to 
     the Committee on Foreign Relations and Committee on 
     Appropriations of the Senate and the Committee on 
     International Relations and Committee on Appropriations of 
     the House of Representatives on the feasibility of 
     establishing a United States mission in Sierra Leone.

                           report on somalia

       Sec. 699B. (a) Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the Committees on Appropriations and Foreign 
     Relations of the Senate and the Committees on Appropriations 
     and International Relations of the House of Representatives a 
     report on a strategy for engaging with competent and 
     responsible authorities and organizations within Somalia, 
     including in Somaliland, to strengthen local capacity and 
     establish incentives for communities to seek stability.
       (b) The report shall describe a multi-year strategy for--
       (1) increasing access to primary and secondary education 
     and basic health care services;
       (2) supporting efforts underway to establish clear systems 
     for effective regulation and monitoring of Somali hawala, or 
     informal banking, establishments; and
       (3) supporting initiatives to rehabilitate the livestock 
     export sector in Somalia.

designation of the global fund to fight aids, tuberculosis and malaria 
          under the international organizations immunities act

       Sec. 699C. The International Organizations Immunities Act 
     (22 U.S.C. 288 et seq.) is amended by adding at the end the 
     following new section:
       ``Sec. 16. The provisions of this title may be extended to 
     the Global Fund to Fight AIDS, Tuberculosis and Malaria in 
     the same manner, to the same extent, and subject to the same 
     conditions, as they may be extended to a public international 
     organization in which the United States participates pursuant 
     to any treaty or under the authority of any Act of Congress 
     authorizing such participation or making an appropriation for 
     such participation.''.


                    guinea worm eradication program

       Sec. 699D. Of the funds made available in title II under 
     the headings ``child survival and health programs fund'' and 
     ``development assistance'', not less than $5,000,000 may be 
     made available for the Carter Center's Guinea Worm 
     Eradication Program.
       Sec. 699E. (a) Congress makes the following findings:
       (1) The Islamic Republic of Iran is neither free nor fully 
     democratic, and undemocratic institutions, such as the 
     Guardians Council, thwart the will of the Iranian people.
       (2) There is ongoing repression of journalists, students, 
     and intellectuals in Iran, women in Iran are deprived of 
     their internationally recognized human rights, and religious 
     freedom is not respected under the laws of Iran.
       (3) The Department of State asserted in its ``Patterns of 
     Global Terrorism 2002'' report released on April 30, 2003, 
     that Iran remained the most active state sponsor of terrorism 
     and that Iran continues to provide funding, safe-haven, 
     training, and weapons to known terrorist groups, notably 
     Hizballah, HAMAS, the Palestine Islamic Jihad, and the 
     Popular Front for the Liberation of Palestine.
       (4) The International Atomic Energy Agency (IAEA) has found 
     that Iran has failed to accurately disclose all elements of 
     its nuclear program. The IAEA is engaged in efforts to 
     determine the extent, origin and implications of Iranian 
     nuclear activities that were not initially reported to the 
     IAEA.
       (5) There have been credible reports of Iran harboring Al 
     Qaeda fugitives and permitting the passage of terrorist 
     elements into Iraq.
       (b) It is the sense of Congress that it should be the 
     policy of the United States to--
       (1) support transparent, full democracy in Iran;
       (2) support the rights of the Iranian people to choose 
     their system of government;
       (3) condemn the brutal treatment and imprisonment and 
     torture of Iranian civilians expressing political dissent;
       (4) call upon the Government of Iran to comply fully with 
     requests by the International Atomic Energy Agency for 
     information and to immediately suspend all activities related 
     to the development of nuclear weapons and their delivery 
     systems;
       (5) demand that Al Qaeda members be immediately turned over 
     to governments requesting their extradition; and
       (6) demand that Iran prohibit and prevent the passage of 
     armed elements into Iraq and cease all activities to 
     undermine the Iraqi Governing Council and the reconstruction 
     of Iraq.
       Sec. 699F. (a) None of the funds made available by title II 
     under the heading ``migration and refugee assistance'' or 
     ``united states emergency refugee and migration assistance 
     fund'' to provide assistance to refugees or internally 
     displaced persons may be provided to an organization that has 
     failed to adopt a code of conduct consistent with the Inter-
     Agency Standing Committee Task Force on Protection From 
     Sexual Exploitation and Abuse in Humanitarian Crises six core 
     principles for the protection of beneficiaries of 
     humanitarian assistance.
       (b) In administering the amounts made available for the 
     accounts described in subsection (a), the Secretary of State 
     and Administrator of the United States Agency for 
     International Development shall incorporate specific policies 
     and programs for the purpose of identifying specific needs 
     of, and particular threats to, women and children at the 
     various stages of a complex humanitarian emergency, 
     especially at the onset of such emergency.
       (c) Not later than 90 days after the date of enactment of 
     this Act, the Secretary of State shall submit to the 
     Committee on Foreign Relations of the Senate, the Committee 
     on International Relations of the House of Representatives 
     and the Committees on Appropriations a report on activities 
     of the Government of the United States to protect women and 
     children affected by a complex humanitarian emergency. The 
     report shall include--
       (1) an assessment of the specific protection needs of women 
     and children at the various stages of a complex humanitarian 
     emergency;
       (2) a description of which agencies and offices of the 
     United States Government are responsible for addressing each 
     aspect of such needs and threats; and
       (3) guidelines and recommendations for improving United 
     States and international systems for the protection of women 
     and children during a complex humanitarian emergency.


                       Democracy Building In Cuba

       Sec. 699G. (a) Of the funds appropriated in title II, under 
     the heading ``transition initiatives'' not more than 
     $5,000,000 shall be available for individuals and independent 
     nongovernmental organizations to support democracy-building 
     efforts for Cuba, including the following:
       (1) Published and informational material, such as books, 
     videos, and cassettes, on transitions to democracy, human 
     rights, and market economics, to be made available to 
     independent democratic groups in Cuba.
       (2) Humanitarian assistance to victims of political 
     repression, and their families.
       (3) Support for democratic and human rights groups in Cuba.
       (4) Support for visits and permanent deployment of 
     independent international human rights monitors in Cuba.
       (b) In this section:
       (1) The term ``independent nongovernmental organization'' 
     means an organization that the Secretary of State determines, 
     not less than 15 days before any obligation of funds made 
     available under this section to the organization, is a 
     charitable or nonprofit nongovernmental organization that is 
     not an agency or instrumentality of the Cuban Government.
       (2) The term ``individuals'' means a Cuban national in 
     Cuba, including a political prisoner and the family of such 
     prisoner, who is not an official of the Cuban Government or 
     of the ruling political party in Cuba, as defined in section 
     4(10) of the Cuban Liberty and Democratic Solidarity 
     (LIBERTAD) Act of 1996 (22 U.S.C. 6023(10)).
       (c) The notification requirements of section 634A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) shall apply 
     to any allocation or transfer of funds made pursuant to this 
     section.


  responsible justice and reconciliation mechanisms in central africa

       Sec. 699H. (a) Of the funds appropriated under title II 
     under the heading ``economic support fund'', $12,000,000 
     should be made available to support the development of 
     responsible justice and reconciliation mechanisms in

[[Page 26869]]

     the Democratic Republic of the Congo, Rwanda, Burundi, and 
     Uganda, including programs to increase awareness of gender-
     based violence and improve local capacity to prevent and 
     respond to such violence.
       Sec. 699I. Beginning not later than 60 days after the date 
     of enactment of this Act, the Coordinator should make 
     publicly available (including through posting on Internet web 
     sites maintained by the Coordinator) prices paid to purchase 
     HIV/AIDS pharmaceuticals, antiviral therapies, diagnostic and 
     monitoring tests, and other appropriate medicines, including 
     medicines to treat opportunistic infections, for the 
     treatment of people with HIV/AIDS and the prevention of 
     mother-to-child transmission of HIV/AIDS in developing 
     counties--
       (1) through the use of funds appropriated under this Act; 
     and
       (2) to the extent available, by--
       (A) the World Health Organization; and
       (B) the Global Fund to Fight AIDS, Tuberculosis, and 
     Malaria.


                        assistance for hiv/aids

       Sec. 699J. The United States Leadership Against HIV/AIDS, 
     Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 
     U.S.C. 7601 et seq.) is amended--
       (1) in section 202(d)(4)(A), by adding at the end the 
     following new clause:
       ``(vi) for the purposes of clause (i), `funds contributed 
     to the Global Fund from all sources' means funds contributed 
     to the Global Fund at any time during fiscal years 2004 
     through 2008 that are not contributed to fulfill a commitment 
     made for a fiscal year prior to fiscal year 2004.'';
       (2) in section 202(d)(4)(B), by adding at the end the 
     following new clause:
       ``(iv) Notwithstanding clause (i), after July 1 of each of 
     the fiscal years 2004 through 2008, any amount made available 
     under this subsection that is withheld by reason of 
     subparagraph (A)(i) is authorized to be made available to 
     carry out sections 104A, 104B, and 104C of the Foreign 
     Assistance Act of 1961 (as added by title III of this 
     Act).''; and
       (3) in section 301(f), by inserting ``, except that this 
     subsection shall not apply to the Global Fund to Fight AIDS, 
     Tuberculosis and Malaria or to any United Nations voluntary 
     agency'' after ``trafficking''.


                         GLOBAL AIDS ASSISTANCE

       Sec. 699K. For an additional amount for ``Global AIDS 
     Initiative'', $289,000,000, to remain available until 
     September 30, 2006, for programs for the prevention, 
     treatment, and control of, and research on, HIV/AIDS, 
     tuberculosis, and malaria, which may include additional 
     contributions to the Global Fund to Fight AIDS, Tuberculosis, 
     and Malaria.


        INTERNATIONAL MILITARY TRAINING ASSISTANCE FOR INDONESIA

       Sec. 699L. (a) Subject to subsection (b), none of the funds 
     appropriated under the heading ``international military 
     education and training'' shall be made available for 
     Indonesia, except that such prohibition shall not apply to 
     expanded military education and training.
       (b) The President may waive the application of subsection 
     (a) if the President determines that important national 
     security interests of the United States justify such a waiver 
     and the President submits notice of such a waiver and 
     justification to the Committees on Appropriations in 
     accordance with the regular notification procedures of such 
     Committees.
       (c) Respect of the Indonesian military for human rights and 
     the normalization of the military relationship between the 
     United States and Indonesia is in the interests of both 
     countries. The normalization process cannot begin until the 
     Federal Bureau of Investigation has received full cooperation 
     from the Government of Indonesia and the Indonesian armed 
     forces with respect to its investigation into the August 31, 
     2002, murders of two American citizens and one Indonesian 
     citizen in Timika, Indonesia, and the individuals responsible 
     for those murders have been prosecuted and appropriately 
     punished.


     TECHNICAL CORRECTION RELATING TO THE ENHANCED HIPC INITIATIVE.

       Sec. 699M. Section 1625(a)(1)(B)(ii) of the International 
     Financial Institutions Act (as added by section 501 of the 
     United States Leadership Against HIV/AIDS, Tuberculosis, and 
     Malaria Act of 2003 (Public Law 108-25)) is amended by 
     striking ``subparagraph (A)'' and inserting ``clause (i)''.
       This Act may be cited as the ``Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 2004''.

                          ____________________