H.R.2800 - Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004108th Congress (2003-2004)
Summary: H.R.2800 — 108th Congress (2003-2004)
Passed House amended (07/24/2003)
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.