Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004 - Title I: Export and Investment Assistance - Makes appropriations for FY 2004 for: (1) Export-Import Bank direct and guaranteed loan and insurance programs, including administrative expenses; (2) Overseas Private Investment Corporation (OPIC) credit and insurance programs, including administrative expenses, and for the cost of direct and guaranteed loans; and (3) the Trade and Development Agency.
Title II: Bilateral Economic Assistance - Makes appropriations for FY 2004 for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) the U.S. Agency for International Development (AID) for child survival and disease programs (earmarking amounts for HIV/AIDS, polio, malaria, tuberculosis, and other infectious diseases), including family planning/reproductive health programs; (3) specified development assistance; (4) international disaster assistance (including such assistance for famine prevention and relief and to support transition to democracy and long-term development of countries in crisis); (5) direct loans and guaranteed loans for micro and small enterprise development and urban programs; (6) the Foreign Service Retirement and Disability Fund; (7) operating expenses of AID (including the transfer of certain funds to support its mission in Iraq) and the AID Office of Inspector General; (8) the Capital Investment Fund; (9) Economic Support Fund (ESF) assistance (earmarking amounts for Israel, Egypt, Jordan,Cyprus, Lebanon, Pakistan, the Middle East Partnership Initiative (including security for Afghanistan and regional programs in Asia and the Near East), and for construction of AID facilities in Mali, Guinea, Cambodia, and Georgia; (10) the International Fund for Ireland; (11) ESF assistance for Eastern Europe and the Baltic States (earmarking specified amounts for Kosovo and for Bosnia and Herzegovina); (12) assistance for the new independent states of the former Soviet Union (subject to specified conditions, and earmarking amounts for the Southern Caucasus (especially the areas of Abkhazia and Nagorno-Karabagh), Armenia and Russia); (13) the Inter-American Foundation, the African Development Foundation, the Peace Corps (with a prohibition on the use of such funds for abortions), and the Millennium Challenge Account; (14) international narcotics control and law enforcement; (15) counterdrug activities in the Andean region of South America (subject to specified conditions), including assistance to the Government of Colombia to support a campaign against activities by 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); (16) migration and refugee assistance; (17) the Emergency Refugee and Migration Assistance Fund; (18) nonproliferation, anti-terrorism, demining, and related programs and activities (including U.S. contributions to the International Atomic Energy Agency (IAEA) and the Comprehensive Nuclear Test Ban Treaty Preparatory Commission), and earmarking amounts for the Nonproliferation and Disarmament Fund; (19) the Department of the Treasury for international affairs technical assistance activities; and (20) debt restructuring of concessional loans, guarantees, and credits made to, and the canceling of amounts owed to the United States by, eligible foreign countries (but barring such assistance to Sudan or Burma unless the Secretary of the Treasury determines and notifies the Committees on Appropriations that a democratically elected government has taken office).
Bars the provision of migration and refugee assistance to refugees or internally displaced persons by 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.
Bars the availability of appropriated funds or unobligated balances from prior appropriations to any organization or program which supports coercive abortions or involuntary sterilizations. (Authorizes funds to be made available, in order to reduce reliance on abortion in developing nations, to qualified voluntary family planning projects that: (1) offer directly or through referral, or offer information about access to, a broad range of family planning methods and services; and (2) meet specified requirements).
Authorizes the President to withhold funds for economic revitalization programs in Bosnia and Herzegovina if the President certifies to the Committees on Appropriations that: (1) 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 (2) intelligence cooperation on training, investigations, and related activities between state sponsors of terrorism and terrorist organizations and Bosnian officials has not been terminated.
Title III: Military Assistance - Makes appropriations (including a specified reduction) for FY 2004 for: (1) expanded international military education and training (IMET) to Nigeria and Guatemala; (2) foreign military financing grants (earmarking amounts for Israel and Egypt); and (3) international peacekeeping operations (subject to certain conditions).
Prohibits foreign military financing for Indonesia, Guatemala, Sudan, and Liberia.
Title IV: Multilateral Economic Assistance - Makes appropriations for FY 2004 for the U.S. contribution to: (1) the Global Environment Facility of the International Bank for Reconstruction and Development (World Bank); (2) International Development Association (IDA); (3) the Multilateral Investment Guarantee Agency; (4) the Enterprise for the Americas Multilateral Investment Fund; (5) the Asian Development Fund; (6) the African Development Bank; (7) the African Development Fund; (8) the European Bank for Reconstruction and Development; and (9) the International Fund for Agricultural Development.
Makes appropriations for FY 2004 for international programs and organizations. Sets certain restrictions on international organization funding. Prohibits the use of funds for the Korean Peninsula Energy Development Organization (KEDO) or the IAEA.
Title V: General Provisions - (Sec. 501) Prohibits payments to any international financial institution while the U.S. Executive Director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule or any alternate U.S. Director is compensated at a rate in excess of that for Level V of such Schedule.
(Sec. 503) Sets forth limits on the use of appropriations, including specified maximums for official residence expenses, entertainment expenses, and representation allowances for AID and for entertainment and representation allowances for the Inter-American Foundation and the Trade and Development Agency. Limits the amount of funds for entertainment expenses of the Peace Corps and entertainment allowances under IMET and for entertainment and representation allowances under the Foreign Military Financing Program.
(Sec. 506) Prohibits the use of funds for: (1) the provision of assistance for a foreign country under a new bilateral agreement governing the terms under which such assistance is to be provided unless such agreement includes a provision stating that such assistance shall be exempt from taxation, or reimbursed, by the foreign government; (2) direct assistance or reparations to Cuba, Libya, North Korea, Iran, or Syria; (3) assistance to any country whose duly elected head of government is deposed by military coup or decree; (4) certain transfers between U.S. agencies except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act or between appropriations accounts without prior presidential consultation with Congress; (5) assistance to any country in default in excess of a year on payments on a U.S. loan (unless the President determines such assistance is in the national interest); and (6) assistance (except in certain circumstances) for production of any commodity for export by a foreign country if the commodity is likely to be in surplus on world markets when the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to U.S. producers of a similar commodity.
(Sec. 510) Authorizes the commercial leasing of defense articles (instead of the government-to-government sale) to Israel, Egypt, NATO, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons.
(Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity.
(Sec. 516) Declares that funds appropriated for foreign operations, export financing, and related programs, that are returned or not made available for international organizations and programs shall remain available for obligation until FY 2005.
(Sec. 517) Prohibits the availability of assistance for the Independent States of the former Soviet Union to a government of such an Independent State: (1) unless it 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; (2) if it applies or transfers U.S. assistance to any entity for the purpose of expropriating or seizing ownership of assets, investments, or ventures (unless the President determines such assistance is in the national interest); (3) if it directs action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union; or (4) to enhance its military capability (except for demilitarization, demining, or nonproliferation programs). Subjects such assistance for the Russian Federation, Armenia, Georgia, and the Ukraine to the regular notification procedures of the Committees on Appropriations.
(Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning, to motivate or coerce any person to practice abortions, or to provide any financial incentive to undergo sterilization.
(Sec. 519) Limits to no more than five percent the amount of export financing funds (other than for administrative expenses) that can be transferred from one appropriation to another, with no appropriation being increased by more than 25 percent by such transfer.
(Sec. 520) Prohibits the use of funds for Liberia, Sudan, Zimbabwe, the Democratic Republic of Congo, or Cambodia except through the regular notification procedures of the Committees on Appropriations.
(Sec. 522) Makes funds available to AID for child survival and disease prevention programs in developing countries.
(Sec. 523) Earmarks certain funds for Afghanistan for humanitarian, reconstruction, and related assistance.
(Sec. 524) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries.
(Sec. 525) Makes certain foreign assistance funds available to employ on a limited appointment basis not more than 85 individuals under the AID overseas program.
(Sec. 526) Earmarks National Endowment for Democracy funds to U.S. nongovernmental organizations located outside the People's Republic of China to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities.
(Sec. 527) Prohibits bilateral assistance funds to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes a waiver of this prohibition by the President for national security and humanitarian reasons, requiring notification to the Committees on Appropriations.
(Sec. 528) Authorizes nongovernmental organizations which are AID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.
(Sec. 529) Directs the Administrator of AID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities.
(Sec. 530) Requires the President to submit to specified congressional committees a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund.
(Sec. 531) Makes ESF assistance available to support democracy activities in Burma and along the Burma-Thailand border and for activities of Burmese student groups and other organizations located outside Burma, including support for humanitarian assistance to displaced Burmese along Burma's borders. Earmarks an amount to support newspapers, publications, and other media activities promoting democracy inside Burma.
(Sec. 532) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act. Requires an agency to report to the Committees on Appropriations whenever it is conducting or proposing activities in a country for which such assistance is prohibited.
(Sec. 533) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; or (2) assistance for any program that contributes to the violation of internationally recognized workers rights in the recipient country.
(Sec. 534) Allows funds appropriated under this Act for Afghanistan to be made available notwithstanding: (1) restrictions on assistance to countries in default in payment to the United States; and (2) restrictions contained in the Foreign Assistance Act of 1961 on law enforcement assistance. Allows funds appropriated under the trade and economic assistance titles of this Act to be made available to Lebanon, Montenegro, Pakistan, and for war victims, displaced children, and displaced Burmese, and to assist victims of trafficking in persons and to combat such trafficking, notwithstanding any other provision of law.
Authorizes the use of foreign assistance funds to support tropical forestry and biodiversity conservation programs and energy programs aimed at reducing greenhouse gas emissions.
Authorizes AID to employ up to 20 personal services contractors in the United States to provide support for specified new or expanded overseas programs until permanent direct hire personnel are hired and trained.
Authorizes the President to waive certain prohibitions with respect to the Palestine Liberation Organization (PLO) if the President determines and certifies to Congress that it is in the national interest.
Makes certain funds made available by AID during FY 2004 and each fiscal year thereafter to pay transportation charges on shipments by the American National Red Cross and by U.S. voluntary agencies to friendly countries available to nongovernmental organizations for administrative costs to implement a program to obtain available donated space on commercial ships for the shipment of humanitarian assistance overseas.
Expands authorities under the Foreign Assistance Act of 1961 providing assistance to reconstitute civilian police authority and capability in the post-conflict restoration of a host nation infrastructure for the purposes of supporting a nation emerging from instability to authorize such assistance for a regional, district, municipal, or other sub-national entity emerging from instability.
(Sec. 535) Expresses the sense of Congress that: (1) the Arab League boycott of Israel (reinstated in 1997), and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to the U.S. investment and trade in the Middle East and North Africa and should immediately be terminated; and (2) the President should report annually to Congress on specific steps taken by the United States to encourage Arab League states to normalize their relations with Israel to bring an end to the boycott.
(Sec. 536) Authorizes the use of ESF funds to strengthen the administration of justice in countries in Latin America, the Caribbean, and in other regions.
(Sec. 537) Declares that restrictions on assistance to foreign countries contained in this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under specified provisions of the Agricultural Trade Development and Assistance Act of 1954.
(Sec. 538) Authorizes the reprogramming of earmarked appropriations for other programs within the same account, provided certain requirements are met. Sets forth certain other requirements with respect to ceilings and earmarks of appropriations under this Act.
(Sec. 540) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. Earmarks amounts for private and voluntary organizations to deal with world hunger problems abroad.
(Sec. 541) Prohibits the use of funds to pay any assessments, arrearages, or dues of any UN member (including costs for attendance of another country's delegation at international conferences held under the auspices of multilateral or international organizations).
(Sec. 542) Prohibits the provision of funds to a nongovernmental organization that fails to provide any document, file, or record necessary to the auditing requirements of AID.
(Sec. 543) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country that the Secretary of State has determined has a terrorist government, unless the President determines that the furnishing of such assistance is in the U.S. national interest.
(Sec. 544) Withholds assistance to a foreign country in an amount equal to 110 percent of the total unpaid parking fines and penalties owed by the country to the District of Columbia and New York City, New York, as of September 30, 2003.
(Sec. 545) Prohibits the obligation of any appropriations for the PLO for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO.
(Sec. 546) Permits the President to provide up to a specified amount of commodities and services to the UN War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia.
(Sec. 547) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes.
(Sec. 548) Prohibits the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles.
(Sec. 549) Prohibits the obligation of certain funds to pay for: (1) alcoholic beverages; or (2) entertainment expenses for recreational activities.
(Sec. 550) Prohibits the United States from paying any voluntary contribution to the UN (including the UN Development Program) if the UN implements or imposes any taxation on U.S. persons.
(Sec. 551) Makes the Government of Haiti eligible to purchase U.S. defense articles and services for its Coast Guard.
(Sec. 552) Prohibits the obligation of any appropriations for the PLO unless the President certifies to Congress that it is in the U.S. national security interests.
(Sec. 553) Prohibits the use of funds for the security forces of a foreign country if the Secretary of State believes they have committed gross violations of human rights, unless the Secretary reports to the Committees on Appropriations that such country is taking steps to bring the responsible persons to justice.
(Sec. 554) Requires a certain annual foreign military training report to Congress to be submitted by the Secretary of Defense and the Secretary of State to the Committees on Appropriations by a certain date.
(Sec. 555) Bars the use of funds appropriated by this Act for assistance to KEDO.
(Sec. 556) Bars the use of funds appropriated by this Act to support a Palestinian state unless the Secretary of State certifies to the appropriate congressional committees that: (1) a new leadership of a Palestinian governing entity has been democratically elected through elections; (2) such entity has demonstrated a commitment to peaceful co-existence with the State of Israel and is taking appropriate measures to counter terrorism; and (3) the Palestinian Authority is working to establish a lasting peace in the Middle East.
(Sec. 557) Makes funds appropriated by this Act for assistance for the Colombian Armed Forces only if the Secretary of State has certified to the appropriate congressional committees that such armed forces are cooperating in bringing to justice those members of the armed forces who have committed gross violations of human rights, including extra-judicial killings.
(Sec. 558) Prohibits the Secretary of State from issuing a visa to any alien who the Secretary determines has willfully provided (or conspired to provide) support to FARC, ELN, or AUC. Provides for waiver of such prohibition.
(Sec. 559) Bars the use of funds appropriated under this Act to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation.
(Sec. 560) Requires the Secretary of State, 30 days prior to the obligation of ESF funds for the bilateral West Bank and Gaza Program, to certify to the appropriate congressional committees that procedures have been established to ensure that the Comptroller General will have access to appropriate U.S. financial information in order to review the uses of such funds under the Program. Requires the Secretary of State, prior to the obligation of funds, to take all appropriate steps to ensure that such assistance is not provided to or through any individual or entity that advocates or engages in terrorist activity.
(Sec. 561) Earmarks a specified amount of international organizations and program funds for the UN Population Fund (UNFPA) (except for any country program in China). Conditions the availability of such funds to UNFPA on specified requirements, including that it does not fund abortions and the State Planned-Birth Commission in China.
(Sec. 562) Directs the Secretary of the Treasury to withhold ten percent of the U.S. payment to any international financial institution until the Secretary certifies that such institution has implemented certain procurement and financial management reforms.
(Sec. 563) Bars the use of funds made available by this Act for assistance (except humanitarian assistance and assistance for democratization), and requires the Secretary of the Treasury to instruct the U.S. executive directors to the international financial institutions to vote against the extension of any assistance to any country that has failed to take necessary steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the Former Yugoslavia all persons in their territory who have been indicted by the Tribunal.
(Sec. 564) Directs the Secretary of the Treasury to instruct the U.S. executive directors at specified international financial institutions to oppose any loan, grant, strategy, or policy that would require user fees or service charges on poor people for primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, in connection with the institution's lending programs.
(Sec. 565) Makes funds appropriated by this Act available for assistance for Serbia if the President determines and certifies to the Committees on Appropriations that the Government of the Federal Republic of Yugoslavia is: (1) cooperating with the International Criminal Tribunal for Yugoslavia, including regarding the surrender and transfer of indictees or assistance in their apprehension; (2) taking steps 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. Declares that such requirements shall not apply to Montenegro, Kosovo, humanitarian assistance, or assistance to promote democracy in municipalities.
(Sec. 566) Authorizes the use of foreign assistance funds to enhance the effectiveness and accountability of civilian police authority in Jamaica and El Salvador through training and technical assistance in internationally recognized human rights, the rule of law, strategic planning, and through the promotion of civilian police roles that support democratic governance, including programs to prevent conflict and foster improved police relations with the community.
(Sec. 567) Earmarks certain funds appropriated by this Act for trade capacity building assistance.
(Sec. 568) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; and (2) credits extended or guarantees issued under the Arms Export Control Act.
Permits exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) 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) (IDA-only countries). Prescribes additional conditions for the exercise of such authority.
(Sec. 569) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments, upon receipt of payment from an eligible purchaser that plans to use such loans only for the purposes of engaging in debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps. Limits such authority to funds appropriated by this Act under the heading of debt restructuring.
(Sec. 570) Directs the Secretary of the Treasury to instruct the U.S. executive directors of international financial institutions to oppose loans to the Central Government of Cambodia, except loans to support basic human needs.
(Sec. 571) Bars the use of certain funds appropriated in this Act for assistance to the Government of Cuba.
(Sec. 572) Bars the use of funds appropriated in this Act to support AID programs in Iraq (including certain reconstruction and relief funds for Iraq) for any contract or follow-on contract that uses other than full and open competitive contracting procedures.
(Sec. 573) Authorizes the use of certain foreign assistance funds for the cost of individuals detailed to or employed by AID whose primary responsibility is to carry out programs to address natural or man-made disasters or programs under certain Transition Initiatives.
(Sec. 574) Authorizes a U.S. contribution to the sixth replenishment of the resources of the International Fund for Agricultural Development.
(Sec. 575) Earmarks a specified amount of ESF assistance for the Philippines only for upgrading education and health infrastructure in the Sulu Archipelago.
(Sec. 576) Earmarks specified amounts of bilateral economic assistance funds and ESF funds for basic education. Requires the Secretary of State to submit a report articulating a strategy for the use of basic education funds in Africa, East Asia and the Pacific, the Near East, South Asia, and the Western Hemisphere (excluding the United States).
(Sec. 577) Amends the International Development Association Act to authorize a U.S. contribution to the thirteenth replenishment of the International Development Association (IDA).
(Sec. 578) Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. Executive Director at each multilateral development institution to inform the institution of certain U.S. policy goals regarding institution meetings and public records and work toward achieving them before June 30, 2005. Requires the Secretary of the Treasury not later than 60 days after a meeting of the Board of Directors of a multilateral development institution to provide for publication on the Department of the Treasury's website any written statement presented at the meeting by the U.S. Executive Director at the institution concerning inspection mechanism cases.
(Sec. 579) Amends the Asian Development Bank Act to authorize a U.S. contribution to the seventh replenishment of the Asian Development Fund.
(Sec. 580) Amends the African Development Fund Act to authorize a U.S. contribution to the ninth replenishment of the African Development Fund.
(Sec. 581) Expresses the sense of Congress that the President should utilize all diplomatic options to ensure that the Government of the Democratic People's Republic of Korea does not engage in the proliferation of nuclear weapons.
(Sec. 582) Bars the use of funds by the State Department to support an application under the Foreign Intelligence Surveillance Act of 1978 for an order requiring the production of library circulation records, library patron lists, library Internet records, bookseller sales records, or bookseller customer lists.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2800 Reported in House (RH)]
Union Calendar No. 123
108th CONGRESS
1st Session
H. R. 2800
[Report No. 108-222]
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2004, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 2003
Mr. Kolbe, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2004, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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
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, $71,395,000: 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.
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,
$2,235,830,000, to remain available until September 30, 2005: Provided,
That this amount shall be made available for such activities as: (1)
programs for the prevention, treatment, control of, and research on
HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases,
and for assistance to communities severely affected by HIV/AIDS,
including children displaced or orphaned by AIDS; (2) family planning/
reproductive health; (3) health, nutrition, water and sanitation
programs, and related education programs, which directly address the
needs of mothers and children; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) immunization programs; and (6)
oral rehydration programs: 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 $250,000, 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: $324,000,000
for child survival and maternal health; $27,000,000 for vulnerable
children; $840,830,000 for HIV/AIDS; $155,500,000 for other infectious
diseases; $368,500,000 for family planning/reproductive health; and
$120,000,000 for UNICEF: Provided further, That of the funds
appropriated under this heading, and in addition to funds allocated
under the previous proviso, not less than $400,000,000 shall be made
available, not withstanding any other provision of law, for a United
States contribution to the Global Fund to Fight AIDS, Tuberculosis and
Malaria (the ``Global Fund''), and shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That of the funds appropriated and allocated for HIV/
AIDS and the Global Fund under this Act, not to exceed $870,830,000 may
be apportioned to the Office of the Coordinator of United States
Government Activities to Combat HIV/AIDS Globally (the
``Coordinator''), of which amount: $400,000,000 shall be made available
as a contribution to the Global Fund; not less than $15,000,000 should
be made available as a contribution to the International AIDS Vaccine
Initiative; not more than $6,326,000 may be available for
administrative expenses; and not more than $50,000,000 may be made
available under the authority contained in section 1(f)(2)(A)(iii) of
the State Department Basic Authorities Act of 1956: Provided further,
That no United States contribution to the Global Fund may cause the
total amount of United States Government contributions to the Global
Fund to exceed one-half of the total amount of funds contributed to the
Global Fund from all other sources: Provided further, That if, by June
30, 2004, the application of the previous proviso prevents a
contribution of the full amount allocated for the Global Fund, the
amount that cannot be made available for the Global Fund may be made
available by the Coordinator, through relevant executive branch
agencies, for activities to combat HIV/AIDS, tuberculosis, or malaria,
subject to prior consultation with the Committees on Appropriations:
Provided further, That in carrying out the duties specified in section
1(f)(2)(B)(ii)(VII) of the State Department Basic Authorities Act of
1956, the Coordinator shall ensure that assistance is provided for
activities in not fewer than 15 countries, at least one of which shall
not be in Africa or the Caribbean region: Provided further, That of the
funds appropriated under this heading, up to $60,000,000 may 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 the
preceding provisos: Provided further, That notwithstanding any other
provision of this Act, funds appropriated under this heading that are
available for child survival and health programs, shall be apportioned
to the Office of the Coordinator, or the United States Agency for
International Development, and the authority of sections 632(a) or
632(b) of the Foreign Assistance Act of 1961, or any comparable
provision of law, may not be used to transfer or allocate any part of
such funds to the Department of Health and Human Services including any
office of that agency, except that the authority of those sections may
be used to transfer or allocate up to $35,000,000 of such funds to the
Centers for Disease Control and Prevention: 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 information
provided about the use of condoms as part of projects or activities
that are funded from accounts 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 of the United States Agency for
International Development 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, $1,317,000,000, of which up to $50,000,000 may 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 $194,000,000 should be allocated
for trade capacity building: Provided further, That $250,000,000 should
be allocated for basic education: Provided further, That of the funds
appropriated under this heading and managed by the United States Agency
for International Development Bureau of Democracy, Conflict, and
Humanitarian Assistance, not less than $11,000,000 shall be made
available only for programs to improve women's leadership capacity in
recipient countries: Provided further, That such funds may not be made
available for construction: 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.
international disaster and famine assistance
For necessary expenses of the United States Agency for
International Development to carry out the provisions of section 491 of
the Foreign Assistance Act of 1961, as amended for international
disaster relief, rehabilitation, and reconstruction assistance,
$235,500,000, to remain available until expended.
In addition, for necessary expenses of the United States Agency for
International Development for assistance for famine prevention and
relief, including for mitigation of the effects of famine, $80,000,000,
to remain available until expended: Provided, That such funds shall be
made available utilizing the general authorities of section 491 of the
Foreign Assistance Act of 1961, and shall be in addition to amounts
otherwise available for such purposes: Provided further, That funds
appropriated by this paragraph shall be available for obligation
subject to prior consultation with the Committees on Appropriations.
transition initiatives
For necessary expenses of the United States Agency for
International Development 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.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 108 and 635 of the Foreign Assistance Act of 1961, funds may
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 funds shall not
exceed $21,000,000, which shall be made available only for micro and
small enterprise programs, urban programs, and other programs which
further the purposes of part I of the Act: Provided further, That such
costs shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That the provisions of section 107A(d)
(relating to general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained in
section 306 of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable to direct
loans and loan guarantees provided under this heading. In addition, for
administrative expenses to carry out credit programs administered by
the United States Agency for International Development, $8,000,000,
which may be transferred to and merged with the appropriation for
Operating Expenses of the United States Agency for International
Development: Provided further, That funds made available under this
heading shall remain available until September 30, 2007.
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
(including transfer of funds)
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $604,100,000, of which
$30,000,000 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 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:
Provided further, That in addition not to exceed $15,000,000 may be
derived by transfer from the ``Iraq Relief and Reconstruction Fund''
(Public Law 108-11) to support the United States Agency for
International Development mission in Iraq: Provided further, That none
of the funds in this Act may be used to open a new overseas mission of
the United States Agency for International Development without the
prior written notification of the Committees on Appropriations:
Provided further, That the authority of sections 610 and 109 of the
Foreign Assistance Act of 1961 may be exercised by the Secretary of
State to transfer funds appropriated to carry out chapter 1 of such Act
to ``Operating Expenses of the United States Agency for International
Development'' in accordance with the provisions of those sections.
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 of the United States Agency for
International Development, pursuant to section 667 of the Foreign
Assistance Act of 1961, $49,300,000, 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, $2,240,500,000 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: 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 should be made available
only for assistance for Jordan: Provided further, That not less than
$12,000,000 of the funds appropriated under this heading should 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 not less than $35,000,000 of the funds
appropriated under this heading should be made available for assistance
for Lebanon of which not less than $4,000,000 should be available only
for American educational institutions for scholarships and other
programs: Provided further, That notwithstanding section 534(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 not to exceed $65,000,000 of the
funds appropriated under this heading in this Act may be made available
for the costs, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying direct loans and guarantees for Pakistan:
Provided further, That not to exceed $67,000,000 shall be available to
the Department of State Office of Overseas Buildings Operation for
construction of United States Agency for International Development
facilities in Mali, Guinea, Cambodia, and Georgia: Provided further,
That funds appropriated under this heading shall be made available for
administrative costs of the United States Agency for International
Development to provide adequate security, carry out programs in
Afghanistan, and implement regional programs in Asia and the Near East,
including the Middle East Partnership Initiative, in addition to
amounts otherwise available for such purposes: 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.
international fund for ireland
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $19,600,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 2005.
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, $452,000,000, 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 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: Provided further, That funds made available for
assistance for Kosovo from funds appropriated under this heading and
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' should not exceed 15 percent of
the total resources pledged by all donors for calendar year 2004 for
assistance for Kosovo as of March 31, 2004.
(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) 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.
(d) The provisions of section 529 of this Act shall apply to funds
made available under subsection (c) 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 529 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.
(e) 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, $576,000,000, 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,
$1,500,000 should be available only to meet the health and other
assistance needs of victims of trafficking in persons: 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 the FREEDOM Support Act (Public Law 102-511) shall be subject to
a 6 percent ceiling on administrative expenses.
(b) Of the funds appropriated under this heading, not less than
$70,000,000 should be made available for assistance for Armenia and not
less than $90,000,000 should be available for assistance for Russia.
(c)(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.
(d) Of the funds appropriated under this heading, not less than
$63,000,000 should be made available, in addition to funds otherwise
available for such purposes, for assistance for child survival,
environmental and reproductive health, and to combat HIV/AIDS,
tuberculosis and other infectious diseases, and for related activities.
(e) 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, $15,185,000, 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,
$17,689,000, 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), $314,000,000, 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 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 five 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.
millennium challenge account
For necessary expenses for the ``Millennium Challenge Account'',
$800,000,000, to remain available until expended: Provided, That the
availability of such amount is contingent upon enactment of
authorization.
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $241,700,000: Provided, That funds appropriated
under this heading shall remain available until September 30, 2005:
Provided further, 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 the Secretary of State 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 more
than $24,180,000 may be available for administrative expenses.
andean counterdrug initiative
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the Andean
region of South America, $731,000,000, to remain available until
September 30, 2005: Provided, 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 none of the funds
appropriated by this Act may be made available to support a Peruvian
air interdiction program until the Secretary of State and Director of
Central Intelligence certify to the Congress, 30 days before any
resumption of United States involvement in a Peruvian air interdiction
program, that an air interdiction program that permits the ability of
the Peruvian Air Force to shoot down aircraft will include enhanced
safeguards and procedures to prevent the occurrence of any incident
similar to the April 20, 2001 incident: Provided further, That the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development, shall provide to
the Committees on Appropriations not later than 45 days after the date
of the enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the proposed uses of
all funds under this heading on a country-by-country basis for each
proposed program, project, or activity: Provided further, That section
482(b) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading: Provided further, That assistance
provided with funds appropriated under this heading that is made
available notwithstanding section 482(b) of the Foreign Assistance Act
of 1961, as amended, shall be made available subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That the 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 the
reports required by sections 3204(e) and (f) of Division B, title III,
chapter 2 of Public Law 106-246, shall be submitted also to the
Committees on Appropriations on the dates specified in those sections:
Provided further, That of the funds appropriated under this heading,
not more than $15,680,000 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 $18,500,000 may be available for
administrative expenses: 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 none of the
funds made available pursuant to this Act after March 31, 2004, by the
Department of State under the headings ``Migration and Refugee
Assistance'' and ``United States Emergency Refugee and Migration
Assistance Fund'' for the purposes of provision of 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.
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)), $15,831,000, to remain available until expended.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $335,200,000, 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 further, That of this amount not to exceed
$20,000,000, 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 following consultation with the appropriate
committees of Congress: 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 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.
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, $19,000,000, 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, $95,000,000, to
remain available until September 30, 2005: Provided, That $20,000,000
of the funds appropriated under this heading may 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;
(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 institution 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 Acts shall be made available for Sudan
or Burma unless the Secretary of Treasury determines and notifies the
Committees on Appropriations that a democratically elected government
has taken office.
TITLE III--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 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 Nigeria and Guatemala may only be provided
through the regular notification procedures of the Committees on
Appropriations.
foreign military financing program
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,314,000,000: 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 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 515 of this Act: Provided further, That none of the funds
appropriated under this heading shall be available for assistance for
Indonesia, Guatemala, Sudan, 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 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, $85,000,000: 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 IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
global environment facility
For the United States contribution for the Global Environment
Facility, $107,500,000, 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, $850,000,000, 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, $4,001,672, 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 $16,339,982.
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, $25,000,000, 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, $151,921,405,
to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury, $5,104,930, 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 $79,609,817.
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,
$107,370,856, 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, $35,431,111 for the United States
share of the paid-in portion of the increase in capital stock, to
remain available until expended.
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 $122,085,497.
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, $15,004,042, 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, $194,550,000:
Provided, That none of the funds appropriated under this heading may be
made available to the Korean Peninsula Energy Development Organization
(KEDO) or the International Atomic Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
compensation for united states executive directors to international
financial institutions
Sec. 501. (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.
private and voluntary organizations
Sec. 502. 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.
limitation on residence expenses
Sec. 503. 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. 504. 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. 505. 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 taxation of united states assistance
Sec. 506. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide assistance
for a foreign country under a new bilateral agreement governing the
terms and conditions under which such assistance is to be provided
unless such agreement includes a provision stating that assistance
provided by the United States shall be exempt from taxation, or
reimbursed, by the foreign government, and the Secretary of State shall
expeditiously seek to negotiate amendments to existing bilateral
agreements, as necessary, to conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
percent of the total taxes assessed during fiscal year 2004 by a
foreign government or entity against commodities financed under United
States assistance programs for which funds are appropriated by this
Act, either directly or through grantees, contractors and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2005 and allocated for the
central government of such country and for the West Bank and Gaza
Program to the extent that the Secretary of State certifies and reports
in writing to the Committees on Appropriations that such taxes have not
been reimbursed to the Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Refund to the Treasury and Reprogramming of Funds.--Of the
funds withheld from obligation for each country or entity pursuant to
subsection (b), one-half may become available for reprogramming for
other purposes (pursuant to section 515 of this Act and consistent with
the purposes for which such funds were originally appropriated) and
one-half shall be deposited in the General Fund of the Treasury on, or
within 5 days after, September 1, 2005, pursuant to the certification
required under subsection (b).
(e) Implementation.--The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(f) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds are
appropriated by this Act; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance that
describes the privileges and immunities applicable to United
States foreign assistance for such country generally, or an
individual agreement between the Government of the United
States and such government that describes, among other things,
the treatment for tax purposes that will be accorded the United
States assistance provided under that agreement.
prohibition against direct funding for certain countries
Sec. 507. 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, or Syria: Provided, 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. 508. 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. 509. (a)(1) Limitation on Transfers Between Agencies.--None of
the funds made available by this Act may be transferred to any
department, agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers made
by, or authorized elsewhere in, this Act, funds appropriated by this
Act to carry out the purposes of the Foreign Assistance Act of 1961 may
be allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(b) 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.
(c) 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.
commercial leasing of defense articles
Sec. 510. 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.
availability of funds
Sec. 511. 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.
limitation on assistance to countries in default
Sec. 512. 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. 513. (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. 514. 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. 515. 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'',
``Millennium Challenge Account'' (by country only), ``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 for which funds are
appropriated under Title II of this Act 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. 516. 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. 517. (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 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. 518. 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 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. 519. 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. 520. None of the funds appropriated by this Act shall be
obligated or expended for Liberia, Sudan, Zimbabwe, the Democratic
Republic of the Congo, or Cambodia except as provided through the
regular notification procedures of the Committees on Appropriations.
definition of program, project, and activity
Sec. 521. 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. 522. Up to $13,500,000 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 provisions under the heading ``Child Survival and Health
Programs Fund'', section 515 of this Act, and sections 104(c), 104A,
104B, and 104C of the Foreign Assistance Act of 1961: Provided further,
That funds appropriated under titles II and III 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.
afghanistan
Sec. 523. Of the funds appropriated by titles II and III of this
Act, not less than $600,000,000 shall be made available for
humanitarian, reconstruction, and related assistance for Afghanistan:
Provided, That of the funds made available pursuant to this section,
not less than $150,000,000 should be from funds appropriated under the
heading ``Economic Support Fund''.
notification on excess defense equipment
Sec. 524. 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.
usaid overseas program
Sec. 525. Funds appropriated by this and subsequent appropriations
Acts to carry out the provisions of Part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'', may be made
available to employ individuals overseas on a limited appointment basis
pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980: Provided, That in fiscal year 2004 the authority
of this section may be used to employ not more than 85 individuals.
tibet
Sec. 526. Notwithstanding any other provision of law not to exceed
$3,000,000 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 made available to United States nongovernmental
organizations located outside the People's Republic of China to support
activities which preserve cultural traditions and promote sustainable
development and environmental conservation in Tibetan communities in
Tibet: Provided, That funds made available for programs, projects, and
activities for the Peoples's Republic of China shall be subject to the
regular notification procedures of the Committees on Appropriations.
prohibition on bilateral assistance to terrorist countries
Sec. 527. (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. 528. In order to enhance the continued participation of
nongovernmental organizations in 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 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. 529. (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.
enterprise fund restrictions
Sec. 530. 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.
burma
Sec. 531. Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $6,000,000 should be made available to
support democracy activities 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 of this amount $500,000 should be made available to
support newspapers, publications, and other media activities promoting
democracy inside Burma: Provided further, That funds made available
under this heading may be made available notwithstanding any other
provision of law: Provided further, That funds made available by this
section shall be subject to the regular notification procedures of the
Committees on Appropriations.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 532. 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. 533. 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
(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. 534. (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 512 of this Act and 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 20 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 7 of such contractors shall be assigned to
any bureau or office: Provided further, That such funds appropriated to
carry out the Foreign Assistance Act of 1961 may be made available for
personal services contractors assigned only to the Office of
Procurement; the Bureau for Africa; and the Bureau for Asia and the
Near East: 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) 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.
(f) Shipment of Humanitarian Assistance.--During fiscal year 2004
and each fiscal year thereafter, 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.
(g) 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.
(h) National Endowment for Democracy.--Funds appropriated by this
Act that are provided to the National Endowment for Democracy may be
provided notwithstanding any other provision of law or regulation.
arab league boycott of israel
Sec. 535. 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. 536. Of the funds appropriated or otherwise made available by
this Act or any subsequent 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. 537. (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.
reservations of funds
Sec. 538. (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.
(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. 539. 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 contained in any
other Act shall not be applicable to funds appropriated by this Act.
prohibition on publicity or propaganda
Sec. 540. 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. 541. 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. 542. 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. 543. (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. 544. (a) In General.--Of the funds appropriated under this Act
that are made available for a foreign country under part I of the
Foreign Assistance Act of 1961, an amount equivalent to 110 percent of
the total unpaid fines determined to be owed under the parking programs
in the District of Columbia and New York City, New York by such country
as of September 30, 2003 that were incurred after the first day of the
fiscal year preceding the current fiscal year shall be withheld from
obligation for such country until the Secretary of State certifies and
reports in writing to the appropriate congressional committees that
such fines and penalties are fully paid to the governments of the
District of Columbia and New York City, New York.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee on International Relations and the Committee on
Appropriations of the House of Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 545. 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. 546. 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 or Rwanda shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
landmines
Sec. 547. 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. 548. 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. 549. 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.
restrictions on voluntary contributions to united nations agencies
Sec. 550. None of the funds appropriated by this Act may be made
available to pay any voluntary contribution of the United States to the
United Nations (including the United Nations Development Program) if
the United Nations implements or imposes any taxation on any United
States persons.
haiti
Sec. 551. 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. 552. (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.
(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.
limitation on assistance to security forces
Sec. 553. 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.
foreign military training report
Sec. 554. The annual foreign military training report required by
section 656 of the Foreign Assistance Act of 1961 shall be submitted by
the Secretary of Defense and the Secretary of State to the Committees
on Appropriations of the House of Representatives and the Senate by the
date specified in that section.
korean peninsula energy development organization
Sec. 555. None of the funds appropriated by this Act may be made
available for assistance to the Korean Peninsula Energy Organization
(KEDO).
palestinian statehood
Sec. 556. (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 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) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures;
(C) is establishing a new Palestinian security
entity that is fully cooperative with appropriate
Israeli and other appropriate security organizations;
and
(3) the Palestinian Authority (or the governing body of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the newly
elected governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is vital to the national security interests of the
United States to do so.
(d) 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 552 of this Act (``Limitation on Assistance to
the Palestinian Authority'').
colombia
Sec. 557. (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 75 percent of such funds may be obligated prior
to a determination and certification by the Secretary of State
pursuant to paragraph (2).
(2) The balance 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 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 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 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 are 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 are 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.
(E) The Colombian Armed Forces are executing orders
for capture of leaders of paramilitary organizations
that continue armed conflict.
(b) Consultative Process.--At least 10 days prior to making the
certification 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.
(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. 558. (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. 559. 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.
west bank and gaza program
Sec. 560. (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.
contributions to united nations population fund
Sec. 561. (a) Limitations on Amount of Contribution.--Of the
amounts made available under ``International Organizations and
Programs'', $25,000,000 for fiscal year 2004 shall be available for the
United Nations Population Fund (hereafter in this section referred to
as the ``UNFPA'') subject to subsection (c).
(b) Prohibition on Use of Funds in China.--None of the funds made
available under ``International Organizations and Programs'' may be
made available for the UNFPA for a country program in the People's
Republic of China.
(c) Conditions on Availability of Funds.--Amounts made available
under ``International Organizations and Programs'' for fiscal year 2004
for the UNFPA may not be made available to the UNFPA unless--
(1) the UNFPA maintains amounts made available to the UNFPA
under this section in an account separate from other accounts
of the UNFPA;
(2) the UNFPA does not commingle amounts made available to
the UNFPA under this section with other sums;
(3) the UNFPA does not fund abortions; and
(4) the UNFPA does not provide any funding for the State
Planned-Birth Commission (Jihua Shengyu Weiyuanhui) or its
regional affiliates in the People's Republic of China.
(d) Report to the Congress and Withholding of Funds.--
(1) Not later than February 15, 2004, the Secretary of
State shall submit a report to the appropriate congressional
committees indicating the amount of funds that the UNFPA is
budgeting for the year in which the report is submitted for a
country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that the
UNFPA plans to spend funds for a country program in the
People's Republic of China in the year covered by the report,
then the amount of such funds that the UNFPA plans to spend in
the People's Republic of China shall be deducted from the funds
made available to the UNFPA after March 1 for obligation for
the remainder of the fiscal year in which the report is
submitted.
procurement and financial management reform
Sec. 562. (a) Funding Conditions.--Of the funds made available
under the heading ``International Financial Institutions'' in this Act,
10 percent of the United States portion or payment to such
International Financial Institution shall be withheld by the Secretary
of the Treasury, until the Secretary certifies to the Committees on
Appropriations that, to the extent pertinent to its lending programs,
the institution is--
(1) implementing procedures for conducting annual audits by
qualified independent auditors for all new investment lending;
(2) implementing procedures for annual independent external
audits of central bank financial statements for countries
making use of International Monetary Fund resources under new
arrangements or agreements with the Fund;
(3) taking steps to establish an independent fraud and
corruption investigative organization or office;
(4) implementing a process to assess a recipient country's
procurement and financial management capabilities including an
analysis of the risks of corruption prior to initiating new
investment lending; and
(5) taking steps to fund and implement programs and
policies to improve transparency and anti-corruption programs
and procurement and financial management controls in recipient
countries.
(b) Definitions.--The term ``International Financial Institutions''
means the International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Inter-American Development Bank, the Inter-American
Investment Corporation, the Enterprise for the Americas Multilateral
Investment Fund, the Asian Development Bank, the Asian Development
Fund, the African Development Bank, the African Development Fund, the
European Bank for Reconstruction and Development, and the International
Monetary Fund.
war criminals
Sec. 563. (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. 564. 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. 565. (a) Funds appropriated by this Act may be made available
for assistance for Serbia after March 1, 2004, if the President has
made the determination and certification contained in subsection (c).
(b) After March 1, 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 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 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.
community-based police assistance
Sec. 566. (a) Authority.--Funds made available by this Act 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 in Jamaica and El Salvador
through training and technical assistance in 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.
trade capacity building
Sec. 567. Of the funds appropriated by this Act, under the headings
``Trade and Development Agency'', ``Development Assistance'',
``Transition Initiatives'', ``Economic Support Fund'', ``International
Affairs Technical Assistance'', and ``International Organizations and
Programs'', not less than $517,000,000 should be made available for
trade capacity building assistance.
special debt relief for the poorest
Sec. 568. (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 funds appropriated by this Act
under the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--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. 569. (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 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 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 an 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''.
Cambodia
Sec. 570. The Secretary of the Treasury should 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 support basic human
needs.
Cuba
Sec. 571. None of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law Enforcement'' may be
made available for assistance to the Government of Cuba.
Competition in Contracting
Sec. 572. Notwithstanding any other provision of law, none of the
funds appropriated by this Act to carry out sections 103 through 106
and chapter 4 of part II of the Foreign Assistance Act of 1961 that are
made available for assistance for Iraq, and none of the funds
appropriated in Public Law 108-11 under the heading ``Iraq Relief and
Reconstruction Fund'', may be made available to enter into any Federal
contract or follow-on contract through the use of other than full and
open competitive procedures: Provided, That this section shall be
applicable to contracts and follow-on contracts entered into after the
date of enactment of this Act.
Disaster Surge Capacity
Sec. 573. Funds appropriated by this Act to carry out part I of the
Foreign Assistance Act of 1961 may be used, in addition to funds
otherwise available for such purposes, for the cost (including the
support costs) of individuals detailed to or employed by the United
States Agency for International Development whose primary
responsibility is to carry out programs to address natural or manmade
disasters or programs under the heading ``Transition Initiatives''.
Authorization
Sec. 574. The Secretary of the Treasury may, to fulfill commitments
of the United States, contribute on behalf of the United States to the
sixth replenishment of the resources of the International Fund for
Agricultural Development. The following amount is authorized to be
appropriated without fiscal year limitation for payment by the
Secretary of the Treasury: $45,000,000 for the International Fund for
Agricultural Development.
clarification of role of usaid
Sec. 575. (a) Status of USAID.--The Administrator of the United
States Agency for International Development shall report to the
President through, and operate under the foreign policy authority and
direction of, the Secretary of State. The United States Agency for
International Development shall be administered under the supervision
and operational direction of the Administrator of the Agency.
(b) Functions of USAID.--The United States Agency for International
Development is authorized--
(1) to receive appropriated funds;
(2) to be the United States Government agency primarily
responsible for administering sections 103 through 108 (other
than section 104A), 214, and 491 of the Foreign Assistance Act
of 1961, the ``Child Survival and Health Programs Fund'', and
other United States economic assistance as directed in writing
by the President or the Secretary of State, or as otherwise
provided by law;
(3) to provide assistance to a country currently ineligible
for assistance from the Millennium Challenge Corporation in
order that it may become eligible for such assistance; and
(4) upon the request of the Chief Executive Officer of the
Millennium Challenge Corporation and with the concurrence of
the Administrator, to assist in the evaluation, execution or
oversight of a Millennium Challenge Contract.
(c) Section 491 of the Foreign Assistance Act of 1961 (22 U.S.C.
2292) is amended--
(1) in subsection (a), by striking ``assistance for the
relief and rehabilitation of'' and inserting ``relief,
rehabilitation, and reconstruction assistance for'';
(2) in subsection (b), by striking ``relief and
rehabilitation'' and inserting ``relief, rehabilitation, and
reconstruction''; and
(3) in subsection (c), by striking ``relief and
rehabilitation'' and inserting ``relief, rehabilitation, and
reconstruction assistance''.
Philippine Education and Health Infrastructure
Sec. 576. Of the funds appropriated under ``Economic Support Fund''
for the Philippines in Public Law 108-11, the Emergency Wartime
Supplemental Appropriations Act, 2003, $600,000 shall be available only
for upgrading education and health infrastructure in the Sulu
Archipelago.
Basic Education
Sec. 577. Of the funds appropriated by title II of this Act, not
less than $350,000,000 shall be made available for basic education:
Provided, That of the funds made available pursuant to this section,
not less than $91,500,000 should be from funds appropriated under the
heading ``Economic Support Fund'': Provided further, That the Secretary
of State, in consultation with the Administrator of the United States
Agency for International Development (USAID), shall submit a report not
later than 120 days after enactment of this Act articulating a strategy
for the use of basic education funds in Africa, East Asia and the
Pacific, the Near East, South Asia, and the Western Hemisphere
(excluding the United States) to include:
(1) country strategies and brief project descriptions of the
uses and proposed uses of all U.S. Government resources for
basic education overseas;
(2) a detailed description of the administrative structure
currently in place to manage strategic coordination undertaken
among the State Department, USAID and other agencies involved
in international basic education activities; and
(3) a description of actions being taken to expand the
administrative capacity of both USAID and the State Department
to deliver effective expanded basic education programs.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004''.
Union Calendar No. 123
108th CONGRESS
1st Session
H. R. 2800
[Report No. 108-222]
_______________________________________________________________________
A BILL
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2004, and for
other purposes.
_______________________________________________________________________
July 21, 2003
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Measure laid before Senate by unanimous consent. (consideration: CR S13189-13192)
Considered by Senate. (consideration: CR S13224-13237)
Considered by Senate. (consideration: CR S13340-13372)
Considered by Senate. (consideration: CR S13431-13435)
Considered by Senate. (consideration: CR 10/31/2003 S13637-13651)
Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.(text: CR 11/03/2003 S13807-13829)
Passed Senate with an amendment by Voice Vote. (text: CR 11/03/2003 S13807-13829)
Senate insists on its amendment, asks for a conference, appoints conferees McConnell; Specter; Gregg; Shelby; Bennett; Campbell; Bond; DeWine; Stevens; Leahy; Inouye; Harkin; Mikulski; Durbin; Johnson; Landrieu; Byrd.
Message on Senate action sent to the House.
Mr. Kolbe asked unanimous consent that the House disagree to the Senate amendment, and agree to a conference. (consideration: CR H10364-10367)
On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection. (consideration: CR H10367)
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Mrs. Lowey moved that the House instruct conferees. (consideration: CR H10364; text: CR H10364)
DEBATE - The House proceeded with one hour of debate on the Lowey motion to instruct conferees. The instructions contained in the motion seek to require the managers on the part of the House to insist on the provisions of the Senate bill providing a total of $1.726 billion to combat HIV/AIDS, Tuberculosis and Malaria.
The previous question was ordered without objection.
On motion that the House instruct conferees Agreed to by voice vote. (consideration: CR H10364)
Motion to reconsider laid on the table Agreed to without objection.
The Speaker appointed conferees: Kolbe, Knollenberg, Lewis (CA), Wicker, Bonilla, Vitter, Kirk, Crenshaw, Young (FL), Lowey, Jackson (IL), Kilpatrick, Rothman, Kaptur, and Obey.
Conference committee actions: Conferees agreed to file conference report.
Conferees agreed to file conference report.
See also H. R. 2673.