[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4818 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 23, 2004.
Resolved, That the bill from the House of Representatives (H.R.
4818) entitled ``An Act making appropriations for foreign operations,
export financing, and related programs for the fiscal year ending
September 30, 2005, and for other purposes.'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2005, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general of the export-import bank
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $1,140,000.
export-import bank loans program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act: Provided
further, That notwithstanding section 1(c) of Public Law 103-428, as
amended, sections 1(a) and (b) of Public Law 103-428 shall remain in
effect through October 1, 2005.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, $115,700,000, to remain available until September 30,
2008: 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 remain available
until September 30, 2023 for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal years
2005, 2006, 2007, and 2008: Provided further, That none of the funds
appropriated by this Act or any prior Act appropriating funds for
foreign operations, export financing, and related programs for tied-aid
credits or grants may be used for any other purpose except through the
regular notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Import Bank Act
of 1945, in connection with the purchase or lease of any product by any
Eastern European country, any Baltic State or any agency or national
thereof: Provided further, That not later than 30 days after the date
of enactment of this Act, the Export-Import Bank shall submit a report
to the Committees on Appropriations of the House of Representatives and
the Senate, containing an analysis of the economic impact on United
States producers of ethanol of the extension of credit and financial
guarantees for the development of an ethanol dehydration plant in
Trinidad and Tobago, including a determination of whether such
extension will cause substantial injury to such producers, as defined
in section 2(e)(4) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(e)(4)): Provided further, That the Export-Import Bank shall consult
with the Committees on Appropriations and the Senate Committee on
Finance prior to extending direct credit or financial guarantee to
establish or expand the production of indigenous products for export by
a beneficiary country pursuant to section 423 of the Tax Reform Act of
1986 (19 U.S.C. 2703 note).
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, $73,200,000: 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, 2005.
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 $42,885,000: 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 2005 and 2006:
Provided further, That such sums shall remain available through fiscal
year 2013 for the disbursement of direct and guaranteed loans obligated
in fiscal year 2005, and through fiscal year 2014 for the disbursement
of direct and guaranteed loans obligated in fiscal year 2006.
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, $49,000,000, to remain available
until September 30, 2006.
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, 2005, unless
otherwise specified herein, as follows:
united states agency for international development
child survival and health programs fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for child
survival, health, and family planning/reproductive health activities,
in addition to funds otherwise available for such purposes,
$1,550,000,000, to remain available until September 30, 2007: Provided,
That this amount shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3) health,
nutrition, water and sanitation programs which directly address the
needs of mothers and children, and related education programs; (4)
assistance for children displaced or orphaned by causes other than
AIDS; (5) 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;
and (6) family planning/reproductive health: Provided further, That
none of the funds appropriated under this heading may be made available
for nonproject assistance, except that funds may be made available for
such assistance for ongoing health activities: Provided further, That
of the funds appropriated under this heading, not to exceed $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:
$345,000,000 for child survival and maternal health; $30,000,000 for
vulnerable children; $600,000,000 for HIV/AIDS including not less than
$32,000,000 to support the development of microbicides as a means for
combating HIV/AIDS; $200,000,000 for other infectious diseases; and
$375,000,000 for family planning/reproductive health, including in
areas where population growth threatens biodiversity or endangered
species: Provided further, That of the funds appropriated under this
heading, not less than $250,000,000 shall be made available,
notwithstanding any other provision of law, except for the United
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 1701 et seq.) as amended, 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 under this heading
that are available for HIV/AIDS programs and activities, not less than
$28,000,000 should be made available for the International AIDS Vaccine
Initiative and not less than $28,000,000 should be made available for a
United States contribution to UNAIDS: Provided further, That of the
funds appropriated under this heading, $65,000,000 should be made
available for a United States contribution to The Vaccine Fund, and up
to $6,000,000 may be transferred to and merged with funds appropriated
by this Act under the heading ``Operating Expenses of the United States
Agency for International Development'' for costs directly related to
international health, but funds made available for such costs may not
be derived from amounts made available for contribution under this and
preceding provisos: Provided further, That restrictions with respect to
assistance provided with funds appropriated by this Act for HIV/AIDS,
family planning, or child survival and health activities shall not be
construed to restrict assistance in support of programs to expand the
availability and use of condoms for HIV/AIDS prevention and of
contraceptives to reduce the incidence of abortion: 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 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,
directly supports coercive abortion or involuntary sterilization:
Provided further, That the previous proviso shall not be construed to
deny funding to any organization or program solely because the
government of a country engages in 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 information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits and
failure rates of such use.
development assistance
For necessary expenses 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, $1,460,000,000, to remain available until September 30,
2006: 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 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 $37,500, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of such
programs: Provided further, That of the aggregate amount of the funds
appropriated by this Act that are made available for agriculture and
rural development programs, $40,000,000 shall be made available for
plant biotechnology research and development: Provided further, That
not less than $2,300,000 shall be made available for core support for
the International Fertilizer Development Center: Provided further, That
of the funds appropriated under this heading, not less than $22,000,000
should be made available for the American Schools and Hospitals Abroad
program: Provided further, That of the funds appropriated under this
heading, not less than $1,000,000 shall be made available for support
of the United States Telecommunications Training Institute: Provided
further, That of the funds appropriated under this heading, not less
than $2,000,000 shall be made available for support of the
International Real Property Foundation: Provided further, That of the
funds appropriated under this heading, not less than $5,000,000 should
be made available for pilot programs in the Democratic Republic of the
Congo, Uganda, Burundi, and Liberia to address sexual and gender-based
violence: Provided further, That of the funds appropriated under this
heading, in addition to funds made available pursuant to the previous
proviso, not less than $8,000,000 should be made available for
assistance for Liberia: Provided further, That of the funds
appropriated under this heading, $2,000,000 shall be made available for
Water Missions International to develop clean water treatment projects
in developing countries: Provided further, That of the funds
appropriated by this Act, $100,000,000 shall be made available for
drinking water supply projects and related activities.
international disaster 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 for international disaster relief,
rehabilitation, and reconstruction assistance, $335,500,000, to remain
available until expended.
In addition, for necessary expenses for assistance for famine
prevention and relief, including for mitigation of the effects of
famine, $50,000,000, 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 for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $50,000,000, to remain available until
expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support may
include assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure, and foster
the peaceful resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
new program of assistance: Provided further, That if the President
determines that is important to the national interests of the United
States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, That funds made available pursuant to the
previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees 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, including the cost of modifying such direct and guaranteed
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of which is to be
guaranteed, of up to $700,000,000: 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: Provided further, That funds made available by
this paragraph may be used for the cost of modifying any such
guaranteed loans under this Act or prior Acts, and funds used for such
costs shall be subject to the regular notification procedures of the
Committees on Appropriations.
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, 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, $42,500,000.
operating expenses of the united states agency for international
development
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $618,000,000, of which up to
$25,000,000 may remain available until September 30, 2006: 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 contracts or agreements entered into with funds
appropriated under this heading may entail commitments for the
expenditure of such funds through fiscal year 2006: 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 part I 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, pursuant to section 667 of the Foreign
Assistance Act of 1961, $59,000,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That the Administrator
of the United States Agency for International Development shall assess
fair and reasonable rental payments for the use of space by employees
of other United States Government agencies in buildings constructed
using funds appropriated under this heading, and such rental payments
shall be deposited into this account as an offsetting collection:
Provided further, That the rental payments collected pursuant to the
previous proviso and deposited as an offsetting collection shall be
available for obligation only pursuant to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the assignment of United States Government employees or contractors to
space in buildings constructed using funds appropriated under this
heading shall be subject to the concurrence of the Administrator of the
United States Agency for International Development: Provided further,
That funds appropriated under this heading shall be available for
obligation only pursuant to the regular notification procedures of the
Committees on Appropriations.
operating expenses of the united states agency for international
development office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $35,000,000, to remain available
until September 30, 2006, 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, $2,470,000,000, to remain available until September 30, 2006:
Provided, That of the funds appropriated under this heading, not less
than $360,000,000 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 or by October 31, 2004,
whichever is later: Provided further, That not less than $535,000,000
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 and political reforms which are additional to those which were
undertaken in previous fiscal years, and of which not more than
$200,000,000 shall be provided as Commodity Import Program assistance:
Provided further, That with respect to the provision of assistance for
Egypt for democracy and governance activities, the organizations
implementing such assistance and the specific nature of that assistance
shall not be subject to the prior approval by the Government of Egypt:
Provided further, That in exercising the authority to provide cash
transfer assistance for Israel, the President shall ensure that the
level of such assistance does not cause an adverse impact on the total
level of nonmilitary exports from the United States to such country and
that Israel enters into a side letter agreement in an amount
proportional to the fiscal year 1999 agreement: Provided further, That
of the funds appropriated under this heading, not less than
$250,000,000 shall be made available only for assistance for Jordan:
Provided further, That funds appropriated under this heading shall be
made available for administrative costs of the United States Agency for
International Development to 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 $13,500,000 of the funds appropriated under this heading
shall be made available for Cyprus to be used only for scholarships,
administrative support of the scholarship program, bicommunal projects,
and measures aimed at reunification of the island and designed to
reduce tensions and promote peace and cooperation between the two
communities on Cyprus: Provided further, That $35,000,000 of the funds
appropriated under this heading shall be made available for assistance
for Lebanon, of which not less than $4,000,000 should be made available
to American educational institutions for scholarships and direct
support: Provided further, That notwithstanding section 5034(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 $200,000,000 of
the funds appropriated under this heading may be used 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 amounts that are made available under the previous proviso for the
costs of modifying direct loans and guarantees shall not be considered
``assistance'' for the purposes of provisions of law limiting
assistance to a country: Provided further, That of the funds
appropriated under this heading, not less than $22,000,000 shall be
made available for assistance for the Democratic Republic of Timor-
Leste, of which up to $1,000,000 may be available for administrative
expenses of the United States Agency for International Development:
Provided further, That of the funds available under this heading for
assistance for Indonesia, not less than $3,000,000 shall be made
available to Internews to promote freedom of the media in Indonesia and
not less than $2,000,000 shall be made available for economic
development programs conducted by Indonesian universities: Provided
further, That of the funds available under this heading for assistance
for Jordan, $5,000,000 should be made available for the Rosary Sisters
Hospital in Jordan: Provided further, That of the funds available under
this heading for the ``Middle East Partnership Initiative'', up to
$4,500,000 may be made available for scholarship programs for students
from countries with significant Muslim populations at American
institutions of higher education in the Middle East that are accredited
by an accrediting agency recognized by the United States Department of
Education: Provided further, That of the funds appropriated under this
heading, not less than $2,500,000 should be made available for
technical assistance for countries to implement and enforce the
Kimberley Process Certification Scheme: Provided further, That of the
funds appropriated under this heading, not less than $3,750,000 should
be made available for East Asia and Pacific Environment Initiatives:
Provided further, That of the funds appropriated under this heading,
not less than $10,000,000 should be made available for assistance for
Kenya: Provided further, That of the funds appropriated under this
heading, not less than $25,000,000 should be made available for
assistance for Liberia: Provided further, That of the funds
appropriated under this heading, not less than $500,000 should be made
available to support the Commission to Investigate Illegal Groups and
Clandestine Security Apparatus in Guatemala: Provided further, That of
the funds appropriated under this heading, $3,000,000 shall be made
available for the Foundation for Security and Sustainability: Provided
further, That of the funds appropriated under this heading that are
made available for assistance for Pakistan, not less than $10,000,000
should be made available to support programs and activities conducted
by indigenous organizations that seek to further educational, health,
employment, and other opportunities for the people of Pakistan, of
which up to $4,000,000 should be made available for the Pakistan Human
Development Fund and $1,000,000 for the Amanut Society: Provided
further, That of the funds appropriated under this heading, $10,000,000
shall be made available to continue to support the provision of
wheelchairs for needy persons in developing countries: Provided
further, That funds appropriated under this heading that are made
available for a Middle East Financing Facility, Middle East Enterprise
Fund, or any other similar entity in the Middle East shall be subject
to the regular notification procedures of the Committees on
Appropriations: 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.
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, $410,000,000, to remain available until
September 30, 2006, which shall be available, notwithstanding any other
provision of law, for assistance and for related programs for Eastern
Europe and the Baltic States: Provided, That of the funds appropriated
under this heading that are made available for assistance for Bulgaria,
$2,000,000 shall be made available to enhance safety at nuclear power
plants: Provided further, That of the funds appropriated under this
heading, not more than $87,000,000 may be made available for assistance
for Serbia: Provided further, That the amount contained in the previous
proviso shall be reduced by an amount equal to the amount of financial
and other support, as determined by the Secretary of State, that Serbia
has provided to Slobodan Milosevic and other indicted war criminals,
and their families, during calendar year 2004: Provided further, That
funds appropriated under this heading shall be made available for
programs and countries in the amounts contained in the table included
in the report accompanying this Act: Provided further, That any
proposed increases or decreases to the amounts contained in such table
shall be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign Assistance
Act of 1961 and notifications shall be transmitted at least 15 days in
advance of the obligation of funds.
(b) 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.
(c) Notwithstanding any provision of this or any other 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.
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, $560,000,000, to remain
available until September 30, 2006: Provided, That the provisions of
such chapters shall apply to funds appropriated by this paragraph:
Provided further, That funds made available for the Southern Caucasus
region may be used, notwithstanding any other provision of law, 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, $8,000,000 should be
available only to meet the health and other assistance needs of victims
of trafficking in persons: Provided further, That of the funds
appropriated under this heading, $20,000,000 shall be made available
solely for assistance for the Russian Far East: Provided further, That
of the funds appropriated under this heading, $6,000,000 should be made
available for an emergency operations center in Kazakhstan: Provided
further, That, notwithstanding any other provision of law, funds
appropriated under this heading in this Act or prior Acts making
appropriations for foreign operations, export financing, and related
programs, that are made available pursuant to the provisions of section
807 of Public Law 102-511 shall be subject to a 6 percent ceiling on
administrative expenses: Provided further, That funds appropriated
under this heading shall be made available for programs and countries
in the amounts contained in the table included in the report
accompanying this Act: Provided further, That any proposed increases or
decreases to the amounts contained in such table shall be subject to
the regular notification procedures of the Committees on Appropriations
and section 634A of the Foreign Assistance Act of 1961 and
notifications shall be transmitted at least 15 days in advance of the
obligation of funds.
(b) Of the funds appropriated under this heading that are made
available for assistance for Ukraine, not less than $5,000,000 shall be
made available for nuclear reactor safety initiatives, and not less
than $3,000,000 shall be made available for coal mine safety programs.
(c) Of the funds appropriated under this heading, not less than
$93,000,000 shall be made available for assistance for Russia, of which
not less than $4,000,000 shall be made available to the National
Endowment for Democracy for democracy, human rights and rule of law
programs.
(d) Of the funds appropriated under this heading, not less than
$75,000,000 shall be made available for assistance for Armenia.
(e) Of the funds appropriated under this heading, not less than
$6,500,000 shall be made available for democracy, human rights, and
rule of law programs in Belarus.
(f)(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.
(g) 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, $19,000,000, to remain available
until September 30, 2006.
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,
$20,000,000, to remain available until September 30, 2006: Provided,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the board of
directors of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the African
Development Foundation Act, in exceptional circumstances the board of
directors of the Foundation may waive the $250,000 limitation contained
in that section with respect to a project: Provided further, That the
Foundation shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.
peace corps
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $310,000,000, including the purchase of not
to exceed five passenger motor vehicles for administrative purposes for
use outside of the United States: Provided, That none of the funds
appropriated under this heading shall be used to pay for abortions:
Provided further, That funds appropriated under this heading shall
remain available until September 30, 2006.
millennium challenge corporation
For necessary expenses for the ``Millennium Challenge Account'',
$1,120,000,000, to remain available until expended.
Department of State
global hiv/aids initiative
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the prevention, treatment, and control of,
and research on, HIV/AIDS, $1,450,000,000, to remain available until
expended: Provided, That increased emphasis should be given to building
local capacity of foreign governments and nongovernmental organizations
to implement sustainable HIV/AIDS prevention, care and treatment
programs as a component of national health care delivery systems:
Provided further, That of the funds appropriated under this heading,
$25,000,000 shall be made available for HIV/AIDS education and outreach
programs that utilize state of the art information technology: Provided
further, That of the funds appropriated under the headings ``Assistance
for Eastern Europe and the Baltic States'', ``Assistance for the
Independent States of the Former Soviet Union'', ``Andean Counterdrug
Initiative'', ``Foreign Military Financing Program'', and ``Economic
Support Fund'', not less than $42,000,000 shall be made available for
programs for the prevention, treatment, and control of, and research
on, HIV/AIDS, tuberculosis, and malaria: Provided further, That of the
funds appropriated under this heading, not more than $8,818,000 may be
made available for administrative expenses of the office of the
Coordinator of United States Government Activities to Combat HIV/AIDS
Globally of the Department of State.
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $328,820,000, to remain available until
September 30, 2007: Provided, That during fiscal year 2005, the
Department of State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its restrictions, to
receive excess property from an agency of the United States Government
for the purpose of providing it to a foreign country under chapter 8 of
part I of that Act subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That of the funds
appropriated under this heading, $15,000,000 should be made available
for anti-trafficking in persons programs, including trafficking
prevention, protection and assistance for victims, and prosecution of
traffickers: Provided further, That 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 less
than $17,000,000 should be made available for training programs and
activities of the International Law Enforcement Academies: Provided
further, That of the funds appropriated under this heading, not less
than $12,000,000 shall be made available for assistance for the
Philippines for police training and other related activities: Provided
further, That of the funds appropriated under this heading, $3,000,000
shall be made available for assistance for the Government of Malta for
the purchase of helicopters to enhance its ability to control its
borders and deter terrorists: Provided further, That of the funds
appropriated under this heading, $5,000,000 shall be made available for
combating piracy of United States intellectual property: Provided
further, That of the funds appropriated under this heading, not less
than $1,500,000 should be made available to the International
Foundation of Hope for alternative crop programs in Nangarhar Province,
Afghanistan: Provided further, That of the funds appropriated under
this heading, not less than $1,000,000 should be made available for
police training in the Democratic Republic of Timor-Leste: Provided
further, That of the funds appropriated under this heading, not more
than $26,117,000 may be available for administrative expenses.
andean counterdrug initiative
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the Andean
region of South America, $731,000,000, to remain available until
September 30, 2007: Provided, That in fiscal year 2005, funds available
to the Department of State for assistance to the Government of Colombia
shall be available to support a unified campaign against narcotics
trafficking, against activities by organizations designated as
terrorist organizations such as the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN), and the United
Self-Defense Forces of Colombia (AUC), and to take actions to protect
human health and welfare in emergency circumstances, including
undertaking rescue operations: Provided further, That this authority
shall cease to be effective if the Secretary of State has credible
evidence that the Colombian Armed Forces are not conducting vigorous
operations to restore government authority and respect for human rights
in areas under the effective control of paramilitary and guerrilla
organizations: Provided further, That the President shall ensure that
if any helicopter procured with funds under this heading is used to aid
or abet the operations of any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately returned to
the United States: Provided further, That the Secretary of State, in
consultation with the Administrator of the United States Agency for
International Development, shall provide to the Committees on
Appropriations not later than 45 days after the date of the enactment
of this Act and prior to the initial obligation of funds appropriated
under this heading, a report on the proposed uses of all funds under
this heading on a country-by-country basis for each proposed program,
project, or activity: Provided further, That of the funds appropriated
under this heading, not less than $272,000,000 shall be made available
for alternative development/institution building, of which $240,000,000
shall be apportioned directly to the United States Agency for
International Development, including $140,000,000 for assistance for
Colombia: Provided further, That with respect to funds apportioned to
the United States Agency for International Development under the
previous proviso, the responsibility for policy decisions for the use
of such funds, including what activities will be funded and the amount
of funds that will be provided for each of those activities, shall be
the responsibility of the Administrator of the United States Agency for
International Development in consultation with the Assistant Secretary
of State for International Narcotics and Law Enforcement Affairs:
Provided further, That of the funds appropriated under this heading,
not less than $6,000,000 should be made available for judicial reform
programs in Colombia: Provided further, That of the funds appropriated
under this heading, in addition to funds made available pursuant to the
previous proviso, not less than $6,000,000 shall be made available to
the United States Agency for International Development for
organizations and programs to protect human rights: Provided further,
That funds appropriated by this Act that are otherwise available for
such purposes may be made available to support the demobilization of
illegal armed groups in Colombia only if the Secretary of State
certifies to the Committees on Appropriations that: (1) the Colombian
legal framework governing the demobilization of such groups provides
for prosecution and punishment, in proportion to the crimes committed,
of those responsible for gross violations of human rights and drug
trafficking; (2) actions are being taken by the Government of Colombia
to ensure the dismantling of underlying structures of such groups,
including the seizure of financial and real property assets; (3)
actions are being taken by the Government of Colombia to enable the
return of civilians forcibly displaced by such groups; and (4) the
Government of Colombia has not enacted legislation inconsistent with
its obligations under the United States-Colombian treaty on
extradition, and has committed to the United States that it will
continue to extradite Colombian citizens to the United States,
including members of such illegal armed groups, in accordance with that
treaty: Provided further, That not more than 20 percent of the funds
appropriated by this Act that are used for the procurement of chemicals
for aerial coca and poppy fumigation programs may be made available for
such programs unless the Secretary of State certifies to the Committees
on Appropriations that: (1) the herbicide mixture is being used in
accordance with EPA label requirements for comparable use in the United
States and with Colombian laws; and (2) the herbicide mixture, in the
manner it is being used, does not pose unreasonable risks or adverse
effects to humans or the environment: Provided further, That such funds
may not be made available unless the Secretary of State certifies to
the Committees on Appropriations that complaints of harm to health or
licit crops caused by such fumigation are evaluated and fair
compensation is being paid for meritorious claims: Provided further,
That such funds may not be made available for such purposes unless
programs are being implemented by the United States Agency for
International Development, the Government of Colombia, or other
organizations, in consultation with local communities, to provide
alternative sources of income in areas where security permits for
small-acreage growers whose illicit crops are targeted for fumigation:
Provided further, That of the funds appropriated under this heading,
not less than $2,000,000 should be made available through
nongovernmental organizations for programs to protect biodiversity and
indigenous reserves in Colombia: Provided further, That funds
appropriated by this Act may be used for aerial fumigation in
Colombia's national parks or reserves only if the Secretary of State
certifies that it is in accordance with Colombian laws and that there
are no effective alternatives to reduce drug cultivation in these
areas: 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 shall be made available
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That no United States Armed Forces
personnel or United States civilian contractor employed by the United
States will participate in any combat operation in connection with
assistance made available by this Act for Colombia: Provided further,
That funds appropriated under this heading that are available for
assistance for the Bolivian military and police are subject to the
regular notification procedures of the Committees on Appropriations and
may be made available for such purposes only if the Bolivian military
and police are respecting human rights and cooperating with civilian
judicial authorities, and the Bolivian Government is prosecuting and
punishing those responsible for violations of human rights: Provided
further, That of the funds appropriated under this heading, not more
than $16,285,000 may be available for administrative expenses of the
Department of State, and not more than $4,500,000 may be available, in
addition to amounts otherwise available for such purposes, for
administrative expenses of the United States Agency for International
Development.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code, $775,000,000, which shall remain available until expended:
Provided, That not more than $22,000,000 may be available for
administrative expenses: Provided further, That not less than
$50,000,000 of the funds made available under this heading shall be
made available for refugees from the former Soviet Union and Eastern
Europe and other refugees resettling in Israel: Provided further, That
funds made available under this heading should be made available to
international organizations for assistance for refugees from North
Korea: Provided further, That funds made available under this heading
and the heading ``Emergency Migration and Refugee Assistance Fund''
shall be made available to nongovernmental organizations located in
Thailand for humanitarian assistance inside Burma: 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.
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)), $50,000,000, to remain available until expended:
Provided, That funds made available under this heading are appropriated
notwithstanding the provisions contained in section 2(c)(2) of such Act
which would limit the amount of funds which could be appropriated for
this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $415,200,000, to carry
out the provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act,
section 23 of the Arms Export Control Act or the Foreign Assistance Act
of 1961 for demining activities, the clearance of unexploded ordnance,
the destruction of small arms, and related activities, notwithstanding
any other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That of this amount not to exceed $34,500,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the
United States to do so: Provided further, That funds appropriated under
this heading may be made available for the International Atomic Energy
Agency only if the Secretary of State determines (and so reports to the
Congress) that Israel is not being denied its right to participate in
the activities of that Agency: Provided further, That funds available
during fiscal year 2005 for a contribution to the Comprehensive Nuclear
Test Ban Treaty Preparatory Commission and that are not necessary to
make the United States contribution to the Commission in the amount
assessed for fiscal year 2005 shall be made available for a voluntary
contribution to the International Atomic Energy Agency and shall remain
available until September 30, 2006: Provided further, That of the funds
made available for demining and related activities, not to exceed
$690,000, in addition to funds otherwise available for such purposes,
may be used for administrative expenses related to the operation and
management of the demining program: Provided further, That the
Secretary of State is authorized to provide, from funds appropriated
under this heading in this Act and each subsequent Act making
appropriations for foreign operations, export financing and related
programs, not to exceed $250,000 for public-private partnerships for
mine action by grant, cooperative agreement, or contract: Provided
further, That funds appropriated under this heading that are available
for ``Anti-terrorism Assistance'' and ``Export Control and Border
Security'' shall remain available until September 30, 2006: Provided
further, That of the funds appropriated under this heading, $10,000,000
should be made available for mobile robot systems and radiation
detection technology to combat international terrorism: Provided
further, That funds appropriated under this heading shall be made
available for programs and countries in the amounts contained in the
table included in the report accompanying this Act: Provided further,
That any proposed increases or decreases to the amounts contained in
such table shall be subject to the regular notification procedures of
the Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961 and notifications shall be transmitted at least
15 days in advance of the obligation of funds: Provided further, That
of the funds appropriated under this heading, $10,000,000 should be
made available to reduce the threat that man-portable air defense
systems (`MANPADS') could be acquired by terrorists or by state
sponsors of terrorism.
conflict response fund
For necessary expenses to assist in stabilizing and reconstructing
a country that is in, or is in transition from, conflict or civil
strife, $20,000,000, to remain available until expended: Provided, That
funds available under this paragraph may be used for assistance for a
country only if the Secretary of State determines and reports to the
Committees on Appropriations, that it is important to the national
security interest of the United States to do so and consults with the
Committees on Appropriations prior to making any such determination:
Provided further, That the responsibility for this determination
required by the previous proviso and policy decisions and
justifications for the use of funds made available under the authority
of this paragraph, including the amount of assistance provided to a
country under this authority, shall be the responsibility of the
Secretary of State and the Deputy Secretary of State and shall not be
delegated: Provided further, That the President may exercise the
authority of section 552 of the Foreign Assistance Act of 1961, without
regard and in addition to the dollar limitations contained in that
section, to furnish assistance under this heading with respect to any
country that is the subject of a determination made under this heading:
Provided further, That assistance furnished under this heading for any
country that is the subject of a determination under this heading may
be made available notwithstanding any other provision of law: Provided
further, That the previous proviso shall not apply to section 5051 of
this Act: Provided further, That the administrative authorities of the
Foreign Assistance Act of 1961 shall be applicable to the funds and
resources available under this paragraph: Provided further, That up to
5 percent of the funds available under this paragraph may be made
available for the administrative costs of United States Government
agencies implementing activities under this paragraph: Provided
further, That funds and resources available under this heading shall be
subject to the regular notification procedures of the Committees on
Appropriations except that such notifications shall be transmitted at
least 5 days in advance of the obligation of funds.
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, $17,500,000, to remain available
until September 30, 2007, 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, 2007: Provided, That not less than
$20,000,000 of the funds appropriated under this heading shall be made
available to carry out the provisions of part V of the Foreign
Assistance Act of 1961: Provided further, That $75,000,000 of the funds
appropriated under this heading may be used by the Secretary of the
Treasury to pay to the Heavily Indebted Poor Countries (HIPC) Trust
Fund administered by the International Bank for Reconstruction and
Development amounts for the benefit of countries that are eligible for
debt reduction pursuant to title V of H.R. 3425 as enacted into law by
section 1000(a)(5) of Public Law 106-113: Provided further, That
amounts paid to the HIPC Trust Fund may be used only to fund debt
reduction under the enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for
the benefit of any country if the Secretary of State has credible
evidence that the government of such country is engaged in a consistent
pattern of gross violations of internationally recognized human rights
or in military or civil conflict that undermines its ability to develop
and implement measures to alleviate poverty and to devote adequate
human and financial resources to that end: Provided further, That on
the basis of final appropriations, the Secretary of the Treasury shall
consult with the Committees on Appropriations concerning which
countries and international financial institutions are expected to
benefit from a United States contribution to the HIPC Trust Fund during
the fiscal year: Provided further, That the Secretary of the Treasury
shall inform the Committees on Appropriations not less than 15 days in
advance of the signature of an agreement by the United States to make
payments to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the Treasury may
disburse funds designated for debt reduction through the HIPC Trust
Fund only for the benefit of countries that--
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave'' loans;
and
(2) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote
economic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of section 411
of the Agricultural Trade Development and Assistance Act of 1954 shall
not apply to funds appropriated under this heading: Provided further,
That none of the funds made available under this heading in this or any
other appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies the
Committees on Appropriations that a democratically elected government
has taken office.
TITLE III--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, $89,730,000, 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 of the funds appropriated under
this heading, not less than $2,000,000 shall be made available for
assistance for Greece: 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 Cambodia, Haiti, the Democratic
Republic of the Congo, Nigeria and Guatemala may only be provided
through the regular notification procedures of the Committees on
Appropriations.
foreign military financing program
(including transfer of funds)
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,777,500,000: Provided, That of the funds appropriated under this
heading, not less than $2,220,000,000 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 or by October 31, 2004, whichever is
later: 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 $583,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That of the funds appropriated by this
paragraph, $206,000,000 shall be made available for assistance for
Jordan: Provided further, That of the funds appropriated by this
paragraph, $5,000,000 may be transferred to and consolidated with funds
appropriated under the heading ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', and made available, in addition to
amounts otherwise available for such purposes, as follows: $2,500,000,
to remain available until expended, may be made available to carry out
the provisions of section 504 of the FREEDOM Support Act for the
Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament; and $2,500,000 may be
made available as an additional contribution to ``Anti-Terrorism
Assistance'' programs: Provided further, That of the funds appropriated
by this paragraph, $10,000,000 shall be made available for assistance
for Tunisia: Provided further, That of the funds appropriated by this
paragraph, $8,000,000 shall be made available for assistance for
Armenia: Provided further, That of the funds appropriated by this
paragraph, not less than $30,000,000 shall be made available for
assistance for Liberia: Provided further, That of the funds
appropriated under this heading, not more than $2,000,000 may be made
available for assistance for Uganda and only for non-lethal military
equipment if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Uganda, during the
previous six months, has made significant improvements in: (1) the
protection of human rights, especially preventing acts of torture; (2)
the protection of civilians in northern and eastern Uganda; (3) the
professionalization of the Ugandan armed forces, including transparency
of military budgets; and (4) the prevention of recruitment of children
into armed militias and the demobilization of existing militias:
Provided further, That of the funds appropriated under this heading,
not less than $15,000,000 shall be made available for assistance for
Georgia: Provided further, That in addition to the funds appropriated
under this heading, up to $150,000,000 may be derived by transfer from
unobligated balances of funds appropriated under the headings
``Economic Support Fund'' and ``Foreign Military Financing Program'' in
prior appropriations Acts and not otherwise designated in those Acts
for a specific country, use, or purpose: 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 5015 of this Act: Provided further, That none of the funds
appropriated under this heading shall be available for assistance for
Sudan and Guatemala: Provided further, That none of the funds
appropriated under this heading may be made available for assistance
for Haiti except pursuant to the regular notification procedures of the
Committees on Appropriations: 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 $367,000,000 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 2005 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
2005 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 or by October 31, 2004, whichever is later.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $104,000,000: Provided, That
notwithstanding any other provision of law except section 5051 of this
Act, funds appropriated for the Department of Defense for fiscal year
2005 may be transferred to the Department of State and may be made
available by the Department of State to provide such assistance as the
Secretary of State deems appropriate for the military or security
forces of a foreign country in order to enhance the capability of such
country to participate in international peacekeeping or peace
enforcement operations: Provided further, 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, $120,678,000 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, $820,000,000, to remain available until
expended.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the fund, $15,000,000, 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, $59,691,000,
to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury, $1,100,000, for the United States paid-in share of the
increase in capital stock, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation for the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $79,532,933.
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,
$67,000,000, to remain available until expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury, $35,431,000 for the United States
share of the paid-in portion of the increase in capital stock, to
remain available until expended.
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 $121,997,000.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the Treasury
to increase the resources of the International Fund for Agricultural
Development, $15,000,000, to remain available until expended.
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $328,925,000:
Provided, That none of the funds appropriated under this heading may be
made available to the International Atomic Energy Agency (IAEA):
Provided further, That funds appropriated under this heading shall be
made available for programs and countries in the amounts contained in
the table included in the report accompanying this Act: Provided
further, That any proposed increases or decreases to the amounts
contained in such table shall be subject to the regular notification
procedures of the Committees on Appropriations and section 634A of the
Foreign Assistance Act of 1961 and notifications shall be transmitted
at least 15 days in advance of the obligation of funds.
TITLE V--GENERAL PROVISIONS
compensation for united states executive directors to international
financial institutions
Sec. 5001. (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.
restrictions on voluntary contributions to united nations agencies
Sec. 5002. 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.
limitation on residence expenses
Sec. 5003. 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. 5004. 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. 5005. 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: Provided further, That of
the funds made available by this Act under the heading ``Millennium
Challenge Corporation'', not to exceed $100,000 shall be available for
representation allowances.
prohibition on taxation of united states assistance
Sec. 5006. (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 2005 on funds
appropriated by this Act 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 2006
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) Reprogramming of Funds.--Funds withheld from obligation for
each country or entity pursuant to subsection (b) shall be reprogrammed
for assistance to countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
(A) does not assess taxes on United States
assistance or which has an effective arrangement that
is providing substantial reimbursement of such taxes;
or
(B) the foreign policy interests of the United
States outweigh the policy of this section to ensure
that United States assistance is not subject to
taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
country or entity.
(f) 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.
(g) 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. 5007. 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. 5008. 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. 5009. (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) Transfers Between Accounts.--None of the funds made available
by this Act may be obligated under an appropriation account to which
they were not appropriated, except for transfers specifically provided
for in this Act, unless the President, not less than five days prior to
the exercise of any authority contained in the Foreign Assistance Act
of 1961 to transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations of the House of
Representatives and the Senate.
(c) Audit of Inter-agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or prior
Acts, entered into between the United States Agency for International
Development and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961
or any comparable provision of law, shall expressly provide that the
Office of the Inspector General for the agency receiving the transfer
or allocation of such funds shall perform periodic program and
financial audits of the use of such funds: Provided, That funds
transferred under such authority may be made available for the cost of
such audits.
commercial leasing of defense articles
Sec. 5010. 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. 5011. 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, chapters 4, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, 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. 5012. 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. 5013. (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. 5014. 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. 5015. 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'', ``Global HIV/AIDS Initiative'', ``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 Corporation''
(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 all reprogrammings of funds
appropriated by this Act and prior Acts under the headings
``International Narcotics Control and Law Enforcement'' and ``Andean
Counterdrug Initiative'' by the Department of State shall be subject to
the same review and approval procedures by the Department of State as
apply to the reprogramming by the Department of funds appropriated
under the heading ``Economic Support Fund'': 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. 5016. 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, 2006.
independent states of the former soviet union
Sec. 5017. (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 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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 Europe and Eurasia 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. 5018. 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. 5019. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 2005, 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. 5020. None of the funds appropriated by this Act shall be
obligated or expended for Liberia, Serbia, Sudan, Zimbabwe, Pakistan,
Cambodia, or Haiti except as provided through the regular notification
procedures of the Committees on Appropriations.
definition of program, project, and activity
Sec. 5021. 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. 5022. 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 titles II and III of this
Act that are made available for bilateral assistance 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'' and the United States Leadership Against HIV/AIDS, Tuberculosis,
and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as
amended: Provided further, That of the funds appropriated under title
II of this Act, not less than $450,000,000 shall be made available for
family planning/reproductive health.
afghanistan
Sec. 5023. Of the funds appropriated by this Act, not less than
$504,450,000 shall be made available for humanitarian and
reconstruction assistance for Afghanistan: Provided, That of the funds
made available pursuant to this section, not less than $225,000,000
should be from funds appropriated under the heading ``Economic Support
Fund'': Provided further, That funds appropriated by this Act that are
available for assistance for the Afghan National Army should be made
available if members of the Army have been vetted for any involvement
in terrorism, human rights violations, drug trafficking, and other
serious criminal activity: Provided further, That of the funds made
available pursuant to this section, not less than $2,000,000 should be
made available for reforestation activities: Provided further, That
funds made available pursuant to the previous proviso should be
matched, to the maximum extent possible, with contributions from
American and Afghan businesses: Provided further, That of the funds
made available pursuant to this section, not less than $2,000,000 shall
be made available for the Afghan Independent Human Rights Commission
and for other Afghan human rights organizations: Provided further, That
of the funds made available pursuant to this section, not less than
$50,000,000 shall be made available to support programs that directly
address the needs of Afghan women and girls, of which not less than
$15,000,000 shall be made available for small grants to support
training and equipment to improve the capacity of women-led Afghan
nongovernmental organizations and to support the activities of such
organizations: Provided further, That not less than $2,000,000 should
be made available for assistance for Afghan communities and families
that have suffered losses as a result of the military operations.
notification on excess defense equipment
Sec. 5024. 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.
hiv/aids working capital fund
Sec. 5025. (a) In furtherance of the purposes of section 104A of
the Foreign Assistance Act of 1961, and to assist in providing a safe,
secure, reliable, and sustainable supply chain of pharmaceuticals and
other products needed to provide care and treatment of persons with
HIV/AIDS and related infections, the Coordinator of the United States
Government Activities to Combat HIV/AIDS Globally (the ``Coordinator'')
is authorized to establish an HIV/AIDS Working Capital Fund (in this
section referred to as the ``HIV/AIDS Fund'').
(b) Funds deposited during any fiscal year in the HIV/AIDS Fund
shall be available without fiscal year limitation and used for
pharmaceuticals and other products needed to provide care and treatment
of persons with HIV/AIDS and related infections, including, but not
limited to--
(1) anti-retroviral drugs;
(2) other pharmaceuticals and medical items needed to
provide care and treatment to persons with HIV/AIDS and related
infections;
(3) laboratory and other supplies for performing tests
related to the provision of care and treatment to persons with
HIV/AIDS and related infections;
(4) other medical supplies needed for the operation of HIV/
AIDS treatment and care centers, including products needed in
programs for the prevention of mother-to-child transmission;
(5) pharmaceuticals and health commodities needed for the
provision of palliative care; and
(6) laboratory and clinical equipment, as well as equipment
needed for the transportation and care of HIV/AIDS supplies,
and other equipment needed to provide prevention, care and
treatment of HIV/AIDS described above.
(c) There may be deposited during any fiscal year in the HIV/AIDS
Fund payments for HIV/AIDS pharmaceuticals and products provided from
the HIV/AIDS Fund received from applicable appropriations and funds of
the United States Agency for International Development, the Department
of Health and Human Services, the Department of Defense, or other
Federal agencies and other sources at actual cost of the HIV/AIDS
pharmaceuticals and other products, actual cost plus the additional
costs of providing such HIV/AIDS pharmaceuticals and other products, or
at any other price agreed to by the Coordinator or his designee.
(d) There may be deposited in the HIV/AIDS Fund payments for the
loss of, or damage to, HIV/AIDS pharmaceuticals and products held in
the HIV/AIDS Fund, rebates, reimbursements, refunds and other credits
application to the operation of the HIV/AIDS Fund.
(e) At the close of each fiscal year the Coordinator may transfer
out of the HIV/AIDS Fund to other HIV/AIDS programmatic areas such
amounts as the Coordinator determines to be in excess of the needs of
the HIV/AIDS Fund.
(f) At the close of each fiscal year the Coordinator shall submit a
report to the Committees on Appropriations detailing the financial
activities of the HIV/AIDS Fund, including sources of income and
information regarding disbursements.
democracy programs
Sec. 5026. (a) Notwithstanding any other provision of law, of the
funds appropriated by this Act to carry out the provisions of chapter 4
of part II of the Foreign Assistance Act of 1961, not less than
$35,000,000 shall be made available for assistance for activities to
support democracy, human rights, and the rule of law in the People's
Republic of China and Hong Kong: Provided, That funds appropriated
under the heading ``Economic Support Fund'' should be made available
for assistance for Taiwan for the purposes of furthering political and
legal reforms: Provided further, That such funds shall only be made
available to the extent that they are matched from sources other than
the United States Government: Provided further, That funds made
available pursuant to the authority of this subsection shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(b)(1) In addition to the funds made available in subsection (a),
of the funds appropriated by this Act under the heading ``Economic
Support Fund'' not less than $25,000,000 shall be made available for
programs and activities to foster democracy, human rights, civic
education, women's development, press freedom, and the rule of law in
countries with a significant Muslim population, and where such programs
and activities would be important to United States efforts to respond
to, deter, or prevent acts of international terrorism: Provided, That
funds made available pursuant to the authority of this subsection
should support new initiatives and activities in those countries:
Provided further, That of the funds appropriated under this heading,
$3,000,000 shall be made available for programs and activities that
provide professional training for journalists, of which $2,000,000
shall be made available to Internews: Provided further, That of the
funds appropriated under such heading, in addition to other amounts
made available for Egypt in this Act, funds shall be made available to
support civil society organizations working for democracy, human
rights, and the rule of law in Egypt: Provided further, That
notwithstanding any other provision of law, not less than $3,000,000 of
such funds may be used for making grants to educational, humanitarian
and nongovernmental organizations and individuals inside Iran to
support the advancement of democracy and human rights in Iran: Provided
further, That notwithstanding any other provision of law, funds
appropriated pursuant to the authority of this subsection may be made
available for democracy, human rights, and rule of law programs for
Syria: Provided further, That funds made available pursuant to this
subsection shall be subject to the regular notification procedures of
the Committees on Appropriations.
(2) In addition to funds made available under subsections (a) and
(b)(1), of the funds appropriated by this Act under the heading
``Economic Support Fund'' not less than $5,000,000 shall be made
available for programs and activities of the National Endowment for
Democracy to foster democracy, human rights, civic education, women's
development, press freedom, and the rule of law in countries in sub-
Saharan Africa, and not less than $1,500,000 shall be made available
for such programs and activities of the National Endowment for
Democracy in countries in Asia.
(c) Of the funds made available under subsection (a), not less than
$15,000,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights and Labor, Department of
State, to support the activities described in subsection (a), and of
the funds made available under subsection (b)(1), not less than
$15,000,000 shall be made available for such Fund to support the
activities described in subsection (b)(1): Provided, That the total
amount of funds made available by this Act under ``Economic Support
Fund'' for activities of the Bureau of Democracy, Human Rights and
Labor, Department of State, including funds available in this section,
shall be not less than $57,000,000.
(d) Of the funds made available under subsection (a), not less than
$10,000,000 shall be made available for the National Endowment for
Democracy to support the activities described in subsection (a), and of
the funds made available under subsection (b)(1), not less than
$5,000,000 shall be made available for the National Endowment for
Democracy to support the activities described in subsection (b)(1):
Provided, That the Secretary of State shall provide a report to the
Committees on Appropriations within 120 days of the date of enactment
of this Act on the status of the allocation and obligation of such
funds.
(e) Of the funds made available under subsection (a), $10,000,000
shall be made available to American educational institutions for
programs and activities in the People's Republic of China relating to
the environment, democracy and the rule of law: Provided, That funds
available under this subsection shall be made available subject to
prior consultation with the Committees on Appropriations.
prohibition on bilateral assistance to terrorist countries
Sec. 5027. (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. 5028. 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, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
separate accounts
Sec. 5029. (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. 5030. (a) 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.
(b) Funds made available by this Act for Enterprise Funds shall be
expended at the minimum rate necessary to make timely payment for
projects and activities.
burma
Sec. 5031. (a) The Secretary of the Treasury shall instruct the
United States executive director to each appropriate international
financial institution in which the United States participates, to
oppose and vote against the extension by such institution of any loan
or financial or technical assistance or any other utilization of funds
of the respective bank to and for Burma.
(b) Of the funds appropriated under the heading ``Economic Support
Fund'', not less than $15,000,000 shall be made available to support
democracy activities in Burma, along the Burma-Thailand border, for
activities of Burmese student groups and other organizations located
outside Burma, and for the purpose of supporting the provision of
humanitarian assistance to displaced Burmese along Burma's borders:
Provided, That funds made available under this heading may be made
available notwithstanding any other provision of law: Provided further,
That in addition to assistance for Burmese refugees provided under the
heading ``Migration and Refugee Assistance'' in this Act, not less than
$4,000,000 of the funds made available under this heading shall be made
available for humanitarian assistance for displaced Burmese and host
communities in Thailand, and not less than $3,000,000 of such funds
shall be made available to Thailand-based, nongovernmental
organizations operating along the Thai-Burma border to provide food,
medical and other humanitarian assistance to internally displaced
peoples in Burma: Provided further, That funds made available under
this section shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) None of the funds appropriated by this Act may be made
available to the central government of any country that is a major
provider of weapons or other defense-related equipment to the State
Peace and Development Council.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 5032. 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. 5033. 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. 5034. (a) Afghanistan, Iraq, 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 5012 of this
Act or any similar provision of law and section 660 of the Foreign
Assistance Act of 1961, and funds appropriated in titles I and II of
this Act that are made available for Iraq, 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 and to address sexual and
gender-based violence, may be made available notwithstanding any other
provision of law.
(b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections
103 through 106, and chapter 4 of part II, of the Foreign Assistance
Act of 1961 may be used, notwithstanding any other provision of law,
for the purpose of supporting tropical forestry and biodiversity
conservation activities and energy programs aimed at reducing
greenhouse gas emissions: Provided, That such assistance shall be
subject to sections 116, 502B, and 620A of the Foreign Assistance Act
of 1961.
(c) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Agricultural
Trade Development and Assistance Act of 1954, may be used by the United
States Agency for International Development to employ up to 25 personal
services contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities managed by the
agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 10 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds appropriated
to carry out title II of the Agricultural Trade Development and
Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of section
1003 of Public Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives and the
President pro tempore of the Senate that it is important to the
national security interests of the United States.
(2) Period of application of waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(e) 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) Contingencies.--During fiscal year 2005, the President may use
up to $50,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding the funding ceiling in section
451(a).
(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) World Food Program.--Of the funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance of the United States
Agency for International Development, from this or any other Act, not
less than $6,000,000 shall be made available as a general contribution
to the World Food Program, notwithstanding any other provision of law.
(i) 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.
(j) Sudan.--For the purposes of section 501 of Public Law 106-570,
the terms ``areas outside of control of the Government of Sudan'' and
``area in Sudan outside of control of the Government of Sudan'' shall,
upon conclusion of a peace agreement between the Government of Sudan
and the Sudan People's Liberation Movement, have the same meaning and
application as was the case immediately prior to the conclusion of such
agreement.
(k) Indochinese Parolees.--Section 586 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2001 (8
U.S.C. 1255 note), as enacted into law by section 101(a) of Public Law
106-429, is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``she'' and inserting ``the Secretary of
Homeland Security''; and
(B) in paragraph (1), by striking ``within three
years after the date of promulgation by the Attorney
General of regulations in connection with this title'';
(3) in subsection (c), by striking ``212(8)(A)'' and
inserting ``212(a)(8)(A)'';
(4) by striking subsection (d);
(5) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively;
(6) by adding at the end the following new subsection:
``(f) Adjudication of Applications.--The Secretary of Homeland
Security shall--
``(1) adjudicate applications for adjustment under this
section, notwithstanding any limitation on the number of
adjustments under this section or any deadline for such
applications that previously existed in law or regulation; and
``(2) not charge a fee in addition to any fee that
previously was submitted with such application.''; and
(7) The amendments made by this subsection shall take
effect as if enacted as part of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2001.
(l) Extension of Authority.--Public Law 107-57, as amended, is
further amended--
(1) in section 1(b) by striking ``2004'' wherever appearing
(including in the caption), and inserting in lieu thereof
``2005'';
(2) in section 3(2), by striking ``and ``2004'' and
inserting in lieu thereof ``2004 and 2005''; and
(3) in section 6, by striking ``2004'' and inserting in
lieu thereof ``2005''.
(m) Endowments.--
(1) Of the funds appropriated by this Act and prior Acts
making appropriations for foreign operations, export financing,
and related programs, that are available for assistance for
Cambodia, the following amounts should be made available as
follows:
(A) $5,000,000 for an endowment for a Cambodian
nongovernmental organization to document genocide and
crimes against humanity in Cambodia; and
(B) $3,750,000 for an endowment for an American
nongovernmental organization to sustain rehabilitation
programs in Cambodia for persons suffering from
physical disabilities.
(2) Such organizations may place amounts made available
under this subsection in interest bearing accounts and any
interest earned on such investment shall be used for the
purpose for which funds were made available under this
subsection.
(3) Funds appropriated in subsequent Acts making
appropriations for foreign operations, export financing, and
related programs may also be used for purposes of this
subsection.
(n) Conformity of Laws.--Title 16, United States Code is amended--
(1) in section 3371(f), by inserting ``or foreign country''
after ``indigenous to any State'';
(2) in section 3371(f)(B), by inserting ``or foreign''
after ``State'';
(3) in section 3372(a)(2)(B), by inserting before the
semicolon ``or in violation of any foreign law''; and
(4) in section 3372(a)(3)(B), by inserting before the
semicolon ``or in violation of any foreign law''.
(o) Extension of Authority.--Chapter 5 of title I of the Emergency
Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11), is
amended under the heading ``Loan Guarantees to Israel''--
(1) by striking ``During the period beginning March 1,
2003, and ending September 30, 2005,'' and inserting ``During
the period beginning March 1, 2003, and ending September 30,
2007,''; and
(2) by striking ``That if less than the full amount of
guarantees authorized to be made available is issued prior to
September 30, 2005,'' and inserting ``That if less than the
full amount of guarantees authorized to be made available is
issued prior to September 30, 2007,''.
(p) Affordable Housing.--Section 607(b)(3)(B) of title VI of
division D of the Consolidated Appropriations Act of 2004, P.L. 108-
199, January 23, 2004, is amended by striking ``and'' under
subparagraph (A), and inserting before the period in subparagraph (B):
``; and (C) provide decent, affordable housing''
arab league boycott of israel
Sec. 5035. 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.
eligibility for assistance
Sec. 5036. (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 2005, 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. 5037. (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. 5038. 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. 5039. 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. 5040. 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. 5041. 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. 5042. (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 and real property taxes
owed by foreign countries
Sec. 5043. (a) Subject to subsection (c), of the funds appropriated
by this Act that are made available for assistance for a foreign
country, an amount equal to 110 percent of the total amount of the
unpaid fully adjudicated parking fines and penalties and unpaid
property taxes owed by the central government of such country shall be
withheld from obligation for assistance for the central government of
such country until the Secretary of State submits a certification to
the appropriate congressional committees stating that such parking
fines and penalties and unpaid property taxes are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a) may
be made available for other programs or activities funded by this Act,
after consultation with and subject to the regulation notification
procedures of the appropriate congressional committees, provided that
no such funds shall be made available for assistance for the central
government of a foreign country that has not paid the total amount of
the fully adjudicated parking fines and penalties and upaid property
taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements set forth
in subsection (a) with respect to parking fines and penalties no sooner
than 60 days from the date of enactment of this Act, or at any time
with respect to a particular country, if the Secretary determines that
it is in the national interests of the United States to do so.
(2) the Secretary of State may waive the requirements set forth in
subsection (a) with respect to the unpaid property taxes if the
Secretary of State determines that it is in the national interests of
the United States to do so.
(e) Not later than 6 months after the initial exercise of the
waiver authority in subsection (d), the Secretary of State, after
consultations with the City of New York, shall submit a report to the
Committees on Appropriations describing a strategy, including a
timetable and steps currently being taken, to collect the parking fines
and penalties and unpaid property taxes and interest owed by nations
receiving foreign assistance under this Act.
(f) In this section:
(1) The term ``appropriate congressional committees'' means
the Committee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives.
(2) The term ``fully adjudicated'' includes circumstances
in which the person to whom the vehicle is registered--
(A)(i) has not responded to the parking violation
summons; or
(ii) has not followed the appropriate adjudication
procedure to challenge the summons; and
(B) the period of time for payment of or challenge
to the summons has lapsed.
(3) The term ``parking fines and penalties'' means parking
fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997
through September 30, 2004.
(4) The term `unpaid property taxes' means the amount of unpaid
taxes and interest on such taxes that have accrued on real
property in the District of Columbia or New York, New York
under applicable law.
limitation on assistance for the plo for the west bank and gaza
Sec. 5044. 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. 5045. 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 of up to $32,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That the
drawdown made under this section for any tribunal shall not be
construed as an endorsement or precedent for the establishment of any
standing or permanent international criminal tribunal or court:
Provided further, That funds made available for tribunals other than
Yugoslavia, Rwanda, or the Special Court for Sierra Leone shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
landmines
Sec. 5046. 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. 5047. 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. 5048. 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.
haiti
Sec. 5049. (a) Of the funds appropriated by this Act, not less than
the following amounts shall be made available for assistance for
Haiti--
(1) $20,000,000 from ``Child Survival and Health Programs
Fund'', including $2,000,000 for Zanmi Lasante;
(2) $25,000,000 from ``Development Assistance'', of which
not less than $15,000,000 shall be made available for
agriculture and environment programs, including $2,000,000 for
the Hillside Agriculture Production program;
(3) $35,000,000 from ``Economic Support Fund'', $25,000,000 of
which shall be made available for judicial reform programs, and
$10,000,000 of which shall be made available to the
Organization of American States for expenses related to the
organization and holding of free and fair elections in Haiti in
2005; and
(4) $10,000,000 from ``International Narcotics Control and
Law Enforcement'', which shall be made available for police
training.
(b) 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.
(c) Not later than 60 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations containing an assessment of the Haitian Government's
role in the trial and acquittal of Louis Jodel Chamblain, and of the
Haitian Government's efforts to prosecute and punish individuals
responsible for gross violations of human rights.
(d) Not less than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations which contains a detailed multi-year assistance strategy
for Haiti.
(e) Not later than 180 days after enactment of this Act and after
consultation with appropriate international development organizations
and Haitian officials, organizations and communities, the Administrator
of the United States Agency for International Development shall submit
a report to the Committees on Appropriations setting forth a plan for
the reforestation of areas in Haiti that are vulnerable to erosion
which pose significant danger to human health and safety.
limitation on assistance to the palestinian authority
Sec. 5050. (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.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the steps the Palestinian Authority has
taken to arrest terrorists, confiscate weapons and dismantle the
terrorist infrastructure. The report shall also include a description
of how funds will be spent and the accounting procedures in place to
ensure that they are properly disbursed.
limitation on assistance to security forces
Sec. 5051. 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. 5052. 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.
authorization requirement
Sec. 5053. Funds appropriated by this Act, except funds
appropriated under the headings ``Trade and Development Agency'',
``Millenium Challenge Corporation'', and ``Global HIV/AIDS
Initiative'', may be obligated and expended notwithstanding section 10
of Public Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956.
cambodia
Sec. 5054. (a) 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 meet basic
human needs.
(b)(1) None of the funds appropriated by this Act may be made
available for assistance for the Central Government of Cambodia.
(2) Paragraph (1) shall not apply to assistance for basic
education, reproductive and maternal and child health, cultural and
historic preservation, programs for the prevention, treatment, and
control of, and research on, HIV/AIDS, tuberculosis, malaria, polio and
other infectious diseases, development and implementation of
legislation and implementation of procedures on inter-country adoptions
consistent with international standards, counternarcotics programs,
programs to combat human trafficking that are provided through
nongovernmental organizations, and for the Ministry of Women and
Veterans Affairs to combat human trafficking.
(c) Notwithstanding subsection (b), of the funds appropriated by
this Act under the heading ``Economic Support Fund'', up to $5,000,000
may be made available for activities to support democracy, including
assistance for democratic political parties.
(d) Funds appropriated by this Act to carry out provisions of
section 541 of the Foreign Assistance Act of 1961 may be made available
notwithstanding subsection (b) only if at least 15 days prior to the
obligation of such funds, the Secretary of State provides to the
Committees on Appropriations a list of those individuals who have been
credibly alleged to have ordered or carried out extrajudicial and
political killings that occurred during the March 1997 grenade attack
against the Khmer Nation Party.
(e) None of the funds appropriated or otherwise made available by
this Act may be used to provide assistance to any tribunal established
by the Government of Cambodia.
palestinian statehood
Sec. 5055. (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 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 important 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 5050 of this Act (``Limitation on Assistance to
the Palestinian Authority'').
colombia
Sec. 5056. (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) Up to 12.5 percent of such funds may be obligated only
after the Secretary of State certifies and reports to the
appropriate congressional committees that:
(A) The Commander General of the Colombian Armed
Forces is suspending from the Armed Forces those
members, of whatever rank who, according to the
Minister of Defense or the Procuraduria General de la
Nacion, have been credibly alleged to have committed
gross violations of human rights, including extra-
judicial killings, or to have aided or abetted
paramilitary organizations.
(B) The Colombian Government is vigorously
investigating and prosecuting those members of the
Colombian Armed Forces, of whatever rank, who have been
credibly alleged to have committed gross violations of
human rights, including extra-judicial killings, or to
have aided or abetted paramilitary organizations, and
is promptly punishing those members of the Colombian
Armed Forces found to have committed such violations of
human rights or to have aided or abetted paramilitary
organizations.
(C) The Colombian Armed Forces have made
substantial progress in cooperating with civilian
prosecutors and judicial authorities in such cases
(including providing requested information, such as the
identity of persons suspended from the Armed Forces and
the nature and cause of the suspension, and access to
witnesses, relevant military documents, and other
requested information).
(D) The Colombian Armed Forces have made
substantial progress in severing links (including
denying access to military intelligence, vehicles, and
other equipment or supplies, and ceasing other forms of
active or tacit cooperation) at the command, battalion,
and brigade levels, with paramilitary organizations,
especially in regions where these organizations have a
significant presence.
(E) The Colombian Government is dismantling
paramilitary leadership and financial networks by
arresting commanders and financial backers, especially
in regions where these networks have a significant
presence.
(3) The balance of such funds may be obligated after July
31, 2005, if the Secretary of State certifies and reports to
the appropriate congressional committees, after such date, that
the Colombian Armed Forces are continuing to meet the
conditions contained in paragraph (2) and are conducting
vigorous operations to restore government authority and respect
for human rights in areas under the effective control of
paramilitary and guerrilla organizations.
(b) Congressional Notification.--Funds made available by this Act
for the Colombian Armed Forces shall be subject to the regular
notification procedures of the Committees on Appropriations.
(c) Consultative Process.--
(1) Prior to making the certifications required by
subsection (a), the Secretary of State shall consult with the
appropriate congressional committees, request the opinion of
the Office of the United Nations High Commissioner for Human
Rights in Colombia and consult with the International Committee
of the Red Cross regarding each of the conditions specified in
paragraphs (2)(A) through (E) of that subsection.
(2) Not later than 60 days after the date of enactment of
this Act, and every 90 days thereafter until September 30,
2006, the Secretary of State shall consult with internationally
recognized human rights organizations regarding progress in
meeting the conditions contained in that subsection.
(d) 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. 5057. (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. 5058. 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. 5059. (a) Oversight.--For fiscal year 2005, 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, private or government entity, or educational institution
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 and
shall terminate assistance to any individual, entity, or educational
institution which he has determined to be involved in or advocating
terrorist activity.
(c) Certification.--Prior to making an award of any grant or
cooperative agreement obligating funds appropriated by this Act for
assistance under the West Bank and Gaza program, the United States
Agency for International Development shall obtain from the proposed
recipient of such funds a certification to the effect that the
recipient will take all reasonable steps to ensure that it does not,
and will not, knowingly provide material support or resources to any
individual or entity that engages in, or has engaged in, terrorist
acts: Provided, That such certification shall also require that the
proposed recipient will implement reasonable monitoring and oversight
procedure to safeguard against assistance being diverted to support
terrorist activity.
(d) Prohibition.--None of the funds appropriated by this Act for
assistance under the West Bank and Gaza program may be made available
for the purpose of recognizing or otherwise honoring individuals who
commit, or have committed, acts of terrorism.
(e) 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. 5060. (a) Limitations on Amount of Contribution.--Of the
amounts made available under ``International Organizations and
Programs'' and ``Child Survival and Health Programs Fund'' for fiscal
year 2005, $34,000,000 shall be made available for the United Nations
Population Fund (hereafter in this section referred to as the
``UNFPA''): Provided, That of this amount, not less than $25,000,000
shall be derived from funds appropriated under the heading
``International Organizations and Programs''.
(b) Reprogramming of Funds.--Of the funds appropriated in Public
Law 108-199 that were available for the UNFPA, $25,000,000 shall be
made available for the family planning, maternal, and reproductive
health activities of the United States Agency for International
Development in Albania, Azerbaijan, the Democratic Republic of the
Congo, Ethiopia, Georgia, Haiti, Kazakhstan, Kenya, Nigeria, Romania,
Russia, Rwanda, Tanzania, Uganda, and the Ukraine: Provided, That such
programs and activities shall be deemed to have been justified to
Congress.
(c) 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.
(d) Conditions on Availability of Funds.--Amounts made available
under ``International Organizations and Programs'' for fiscal year 2005
for the UNFPA may not be made available to 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; and
(3) the UNFPA does not fund abortions.
(e) Availability and Use of Funds.--Funds appropriated under the
heading ``International Organizations and Programs'' that are not made
available for UNFPA because of the operation of any provision of law
shall remain available until September 30, 2006: Provided, That funds
made available pursuant to this section may not be used for any other
purpose, notwithstanding the authority contained in sections 451, 610
and 614 of the Foreign Assistance Act of 1961, or any other provision
of law unless specifically authorized in subsequent legislation.
war criminals
Sec. 5061. (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. 5062. 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. 5063. (a) Funds appropriated by this Act may be made available
for assistance for the central Government of Serbia after May 31, 2005,
if the President has made the determination and certification contained
in subsection (c).
(b) After May 31, 2005, 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 Serbia and Montenegro 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 Government of Serbia and Montenegro 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 Serbia and
Montenegro 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, including making
all practicable efforts to apprehend and transfer Ratko Mladic;
(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.
(d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy.
community-based police assistance
Sec. 5064. (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 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, respond to disasters, 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.
special debt relief for the poorest
Sec. 5065. (a) Authority To Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities
guaranteed by the Commodity Credit Corporation under export
credit guarantee programs authorized pursuant to section 5(f)
of the Commodity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to the funds appropriated by this Act
under the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance for the
purposes of any provision of law limiting assistance to a country. The
authority provided by subsection (a) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961 or section 321 of
the International Development and Food Assistance Act of 1975.
authority to engage in debt buybacks or sales
Sec. 5066. (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 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''.
basic education
Sec. 5067. Of the funds appropriated by title II of this Act, not
less than $335,000,000 should be made available for basic education.
reconciliation programs
Sec. 5068. Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $15,000,000 shall be made available to
support reconciliation programs and activities which bring together
individuals of different ethnic, religious, and political backgrounds
from areas of civil conflict and war.
environment programs
Sec. 5069. (a) Funding.--Of the funds appropriated under the
heading ``Development Assistance'', not less than $175,500,000 shall be
made available for programs and activities which directly protect
biodiversity, including forests, in developing countries, of which not
less than $15,000,000 shall be made available to implement a regional
strategy for biodiversity conservation in the countries comprising the
Amazon basin of South America, including to improve the capacity of
indigenous communities and local law enforcement agencies to protect
the biodiversity of indigenous reserves, which amount shall be in
addition to the amounts requested for biodiversity activities in these
countries in fiscal year 2005: Provided, That funds appropriated under
the heading ``Andean Counterdrug Initiative'' shall also be made
available in fiscal year 2005 to support such strategy: Provided
further, That of the funds appropriated by this Act, not less than
$17,500,000 should be made available for the Congo Basin Forest
Partnership, of which not less than $2,500,000 should be made available
for the Great Apes Conservation Fund, administered by the United States
Fish and Wildlife Service, for use in Central Africa: Provided further,
That of the funds appropriated by this Act, not less than $180,000,000
shall be made available to support policies and programs in developing
countries that directly (1) promote a wide range of energy
conservation, energy efficiency and clean energy programs and
activities, including the transfer of clean and environmentally
sustainable energy technologies; (2) measure, monitor, and reduce
greenhouse gas emissions; (3) increase carbon sequestration activities;
and (4) enhance climate change mitigation and adaptation programs.
(b) Climate Change Report.--Not later than 45 days after the date
on which the President's fiscal year 2006 budget request is submitted
to Congress, the President shall submit a report to the Committees on
Appropriations describing in detail the following--
(1) all Federal agency obligations and expenditures,
domestic and international, for climate change programs and
activities in fiscal year 2005, including an accounting of
expenditures by agency with each agency identifying climate
change activities and associated costs by line item as
presented in the President's Budget Appendix; and
(2) all fiscal year 2004 obligations and estimated
expenditures, fiscal year 2005 estimated expenditures and
estimated obligations, and fiscal year 2006 requested funds by
the United States Agency for International Development, by
country and central program, for each of the following: (i) to
promote the transfer and deployment of a wide range of United
States clean energy and energy efficiency technologies; (ii) to
assist in the measurement, monitoring, reporting, verification,
and reduction of greenhouse gas emissions; (iii) to promote
carbon capture and sequestration measures; (iv) to help meet
such countries' responsibilities under the Framework Convention
on Climate Change; and (v) to develop assessments of the
vulnerability to impacts of climate change and mitigation and
adaptation response strategies.
central asia
Sec. 5070. (a) Funds appropriated by this Act may be made available
for assistance for the central Government of Uzbekistan only if the
Secretary of State determines and reports to the Committees on
Appropriations that the Government of Uzbekistan is making substantial
and continuing progress in meeting its commitments under the
``Declaration on the Strategic Partnership and Cooperation Framework
Between the Republic of Uzbekistan and the United States of America'',
including respect for human rights, establishing a genuine multi-party
system, and ensuring free and fair elections, freedom of expression,
and the independence of the media.
(b) Funds appropriated by this Act may be made available for
assistance for the Government of Kazakhstan only if the Secretary of
State determines and reports to the Committees on Appropriations that
the Government of Kazakhstan has made significant improvements in the
protection of human rights during the preceding 6 month period.
(c) The Secretary of State may waive subsection (b) if he
determines and reports to the Committees on Appropriations that such a
waiver is in the national security interest of the United States.
(d) Not later than October 1, 2005, the Secretary of State shall
submit a report to the Committees on Appropriations and the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 6-month period ending 30 days prior to
submission of such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided by the United
States by units of the armed forces, border guards, or other
security forces of such countries.
(e) For purposes of this section, the term ``countries of Central
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and
Turkmenistan.
excess defense articles for central and south european countries and
certain other countries
Sec. 5071. Notwithstanding section 516(e) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2005, funds
available to the Department of Defense may be expended for crating,
packing, handling, and transportation of excess defense articles
transferred under the authority of section 516 of such Act to Albania,
Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of Macedonia,
Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova,
Mongolia, Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan,
Ukraine, and Uzbekistan.
disability rights
Sec. 5072. (a) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', and in addition to funds made
available pursuant to section 5026(c), not less than $5,000,000 shall
be made available for a Fund for Inclusion, Leadership, and Human
Rights of People with Disabilities, to be administered by the Bureau of
Democracy, Human Rights, and Labor, Department of State, in
consultation with the Administrator of the United States Agency for
International Development (``USAID''): Provided, That such funds should
be made available as grants to nongovernmental organizations that work
on behalf of people with disabilities in developing countries: Provided
further, That not to exceed 20 percent of such funds should be made
available for a Disability Rights Fellowship Program at the Department
of State and USAID, including the cost of necessary administrative and
salary expenses.
(b) The Secretary of State and the USAID Administrator shall
designate within their respective agencies an individual to serve as
``Disability Advisor'', whose function it shall be to ensure that
disability rights are addressed, where appropriate, in United States
policies and programs.
(c) Funds made available under subsection (a) shall be made
available for an international conference on the needs of people with
disabilities, including disability rights, advocacy and access.
(d) The Secretary of State, the Secretary of the Treasury, and the
USAID Administrator shall seek to ensure that the needs of people with
disabilities are addressed, where appropriate, in democracy, human
rights, and rule of law programs, projects and activities supported by
the Department of State, Department of the Treasury, and USAID.
(e) The USAID Administrator shall seek to ensure that programs,
projects and activities administered by USAID comply fully with USAID's
``Policy Paper: Disability'' issued on September 12, 1997: Provided,
That not later than 90 days after enactment of this Act, USAID shall
implement procedures to require that prospective grantees seeking
funding from USAID specify, when relevant, how the proposed program,
project or activity for which funding is being requested will protect
the rights and address the needs of persons with disabilities.
zimbabwe
Sec. 5073. The Secretary of the Treasury shall instruct the United
States executive director to each international financial institution
to vote against any extension by the respective institution of any
loans or grants, to the Government of Zimbabwe, except to meet basic
human needs or to promote democracy, unless the Secretary of State
determines and certifies to the Committees on Appropriations that the
rule of law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and association.
tibet
Sec. 5074. (a) The Secretary of the Treasury should instruct the
United States executive director to each international financial
institution to use the voice and vote of the United States to support
projects in Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or facilitate the
transfer of ownership of Tibetan land and natural resources to non-
Tibetans; are based on a thorough needs-assessment; foster self-
sufficiency of the Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.
(b) Notwithstanding any other provision of law, not less than
$4,000,000 of the funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available to nongovernmental
organizations to support activities which preserve cultural traditions
and promote sustainable development and environmental conservation in
Tibetan communities in the Tibetan Autonomous Region and in other
Tibetan communities in China, and not less than $250,000 shall be made
available to the National Endowment for Democracy for programs and
activities relating to Tibet.
indonesia
Sec. 5075. (a) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made available for
assistance for Indonesia, and licenses may be issued for the export of
lethal defense articles for the Indonesian Armed Forces, only if the
President certifies to the appropriate congressional committees that--
(1) the Indonesian Armed Forces are not committing gross
violations of human rights;
(2) the Indonesia Minister of Defense is suspending from
the Armed Forces those members, of whatever rank, who have been
credibly alleged to have committed gross violations of human
rights, or to have aided or abetted militia groups;
(3) the Indonesian Government is prosecuting those members
of the Indonesian Armed Forces, of whatever rank, who have been
credibly alleged to have committed gross violations of human
rights, or to have aided or abetted militia groups, and is
punishing those members of the Indonesian Armed Forces found to
have committed such violations of human rights or to have aided
or abetted militia groups;
(4) the Indonesian Armed Forces are cooperating with
civilian prosecutors and judicial authorities in Indonesia and
with the joint United Nations-East Timor Serious Crimes Unit
(SCU) in such cases (including extraditing those indicted by
the SCU to East Timor and providing access to witnesses,
relevant documents, and other requested information); and
(5) the Minister of Defense is making publicly available
audits of receipts and expenditures of the Indonesian Armed
Forces.
(b) Funds appropriated under the heading ``International Military
Education and Training'' may be made available for assistance for
Indonesia if the Secretary of State determines and reports to the
Committees on Appropriations that the Indonesian Government and Armed
Forces are cooperating with the Federal Bureau of Investigation's
investigation into the August 31, 2002 murders of two American citizens
and one Indonesian citizen in Timika, Indonesia.
university programs
Sec. 5076. Of the funds appropriated by this Act under the headings
``Child Survival and Health Programs Fund'', ``Development
Assistance'', ``Economic Support Fund'', ``Assistance for Eastern
Europe and the Baltic States'', and ``Assistance for the Independent
States of the Former Soviet Union'', $40,000,000 shall be made
available to the Office of the Higher Education Community Liaison in
the Bureau for Economic Growth, Agriculture and Trade of the United
States Agency for International Development and used for projects and
activities of United States-based colleges and universities: Provided,
That these funds shall be in addition to funds otherwise available
under this Act for such programs.
nigeria
Sec. 5077. The President shall submit a report to the Committees on
Appropriations describing the involvement of the Nigerian Armed Forces
in the incident in Benue State, the measures that are being taken to
bring such individuals to justice, and whether any Nigerian Armed
Forces units involved with the incident in Benue State are receiving
United States assistance.
discrimination against minority religious faiths in the russian
federation
Sec. 5078. None of the funds appropriated under this Act may be
made available for the Government of the Russian Federation, after 180
days from the date of the enactment of this Act, unless the President
determines and certifies in writing to the Committees on Appropriations
that the Government of the Russian Federation has implemented no
statute, executive order, regulation or similar government action that
would discriminate, or which has as its principal effect
discrimination, against religious groups or religious communities in
the Russian Federation in violation of accepted international
agreements on human rights and religious freedoms to which the Russian
Federation is a party.
nicaragua and guatemala
Sec. 5079. (a) Of the funds appropriated under the headings
``Development Assistance'' and ``Child Survival and Health Programs
Fund'', not less than $36,000,000 shall be made available for
assistance for Nicaragua and not less than $23,000,000 shall be made
available for assistance for Guatemala.
(b) Not to exceed $2,000,000 in prior year ``Military Assistance
Program'' funds that are available for Guatemala may be made available
for non-lethal defense items for Guatemala if the Secretary of State
certifies to the Committees on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on International
Relations of the House that--
(1) the role of the Guatemalan military has been limited,
both in doctrine and in practice, to only those activities in
defense of Guatemala's sovereignty and territorial integrity
that are permitted by the 1996 Peace Accords, and the
Government of Guatemala is taking steps to amend Article 244 of
the Constitution to reflect such changes;
(2) the Guatemalan military is cooperating with civilian
judicial authorities, including providing unimpeded access to
witnesses, documents and classified intelligence files, in
investigations and prosecutions of military personnel who have
been implicated in human rights violations and other criminal
activity;
(3) the Government of Guatemala is actively working with
the United Nations to resolve legal impediments to the
establishment of the Commission for the Investigation of
Illegal Groups and Clandestine Security Organizations
(CICIACS), so that CICIACS can effectively accomplish its
mission of investigating and bringing to justice illegal groups
and members of clandestine security organizations;
(4) the Government of Guatemala is continuing its efforts
to make its military budget process transparent and accessible
to civilian authorities and to the public of present and past
expenditures;
(5) the Government of Guatemala has committed to facilitate
the prompt establishment of an office in Guatemala of the
United Nations High Commissioner for Human Rights; and
(6) the Government of Guatemala is taking steps to increase
its efforts to combat narcotics trafficking and organized
crime.
war crimes in africa
Sec. 5080. (a) The Congress recognizes the important contribution
that the democratically elected Government of Nigeria has played in
fostering stability in West Africa.
(b) The Congress reaffirms its support for the efforts of the
International Criminal Tribunal for Rwanda (ICTR) and the Special Court
for Sierra Leone (SCSL) to bring to justice individuals responsible for
war crimes and crimes against humanity in a timely manner.
(c) Funds appropriated by this Act, including funds for debt
restructuring, may be made available for assistance to the central
government of a country in which individuals indicted by ICTR and SCSL
are credibly alleged to be living, if the Secretary of State determines
and reports to the Committees on Appropriations that such government is
cooperating with ICTR and SCSL, including the surrender and transfer of
indictees in a timely manner: Provided, That this subsection shall not
apply to assistance provided under section 551 of the Foreign
Assistance Act of 1961 or to project assistance under title II of this
Act: Provided further, That the United States shall use its voice and
vote in the United Nations Security Council to fully support efforts by
ICTR and SCSL to bring to justice individuals indicted by such
tribunals in a timely manner.
(d) The prohibition in subsection (c) may be waived on a country by
country basis if the President determines that doing so is in the
national security interest of the United States: Provided, That prior
to exercising such waiver authority, the President shall submit a
report to the Committees on Appropriations, in classified form if
necessary, on (1) the steps being taken to obtain the cooperation of
the government in surrendering the indictee in question to SCSL or
ICTR; (2) a strategy for bringing the indictee before ICTR or SCSL; and
(3) the justification for exercising the waiver authority.
admission of refugees
Sec. 5081. (a) The Secretary of State shall utilize private
voluntary organizations with expertise in the protection needs of
refugees in the processing of refugees overseas for admission and
resettlement to the United States, and shall utilize such agencies in
addition to the United Nations High Commissioner for Refugees in the
identification and referral of refugees.
(b) The Secretary of State should maintain a system for accepting
referrals of appropriate candidates for resettlement from local
private, voluntary organizations and work to ensure that particularly
vulnerable refugee groups receive special consideration for admission
into the United States, including--
(1) long-stayers in countries of first asylum;
(2) unaccompanied refugee minors;
(3) refugees outside traditional camp settings; and
(4) refugees in woman-headed households.
(c) The Secretary of State shall give special consideration to--
(1) refugees of all nationalities who have close family
ties to citizens and residents of the United States; and
(2) other groups of refugees who are of special concern to
the United States.
(d) Not later than 120 days after the date of enactment of this
Act, the Secretary of State shall submit a report to the Committees on
Appropriations describing the steps that have been taken to implement
this section.
code of conduct
Sec. 5082. (a) None of the funds made available by title II under
the heading ``Migration and Refugee Assistance'' or ``Transition
Initiatives'' to provide assistance to refugees or internally displaced
persons may be provided to an organization that has failed to adopt a
code of conduct consistent with the Inter-Agency Standing Committee
Task Force on Protection From Sexual Exploitation and Abuse in
Humanitarian Crises six core principles for the protection of
beneficiaries of humanitarian assistance.
(b) In administering the amounts made available for the accounts
described in subsection (a), the Secretary of State and Administrator
of the United States Agency for International Development shall
incorporate specific policies and programs for the purpose of
identifying specific needs of, and particular threats to, women and
children at the various stages of humanitarian emergencies, especially
at the onset of such emergency.
disaster surge capacity
Sec. 5083. 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''.
denial of visas to corrupt officials
Sec. 5084. Not later than 60 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations setting forth procedures and guidelines for (1)
implementing the President's Proclamation dated January 12, 2004, which
established a policy of denying entry into the United States to corrupt
current and former public officials and certain members of their
families; and (2) for making public the names of those individuals who
have been denied entry as a result of such Proclamation.
assistance for victims of torture
Sec. 5085. Of the funds appropriated by this Act under the headings
``Development Assistance'' and ``Economic Support Fund'', not less than
$15,000,000 shall be made available for programs and activities to
assist victims of torture and cruel, inhuman or degrading treatment,
including for centers for victims of torture that provide services
consistent with the goals of the Torture Victims Relief Reauthorization
Act of 1999.
united states agency for international development pilot management
initiative
Sec. 5086. (a) Pilot Activities.--Subject to subsection (b), the
Administrator of the United States Agency for International Development
may use up to $25,000,000 of the funds appropriated to carry out part I
of the Foreign Assistance Act of 1961, including funds appropriated to
carry out the Support for East European Democracy (SEED) Act of 1989,
to pay administrative costs for fiscal year 2005, including salary,
benefits, allowances, and overseas support costs of employees, of up to
2 overseas missions or offices of the agency.
(b) Conditions.--
(1) The authority of subsection (a) may be exercised only
if the Administrator submits a plan approved by the Office of
Management and Budget and the Department of State to the
Committees on Appropriations, that--
(A) identifies the overseas missions or offices for
which this authority will be exercised, and explains
the process by which these missions or offices were
selected;
(B) contains separate estimates of the
administrative costs for fiscal year 2005 of the
different types of project assistance and nonproject
assistance programs administered by such mission or
office; and
(C) describes the bases for such estimates.
(2) Subsequent reports shall be submitted to the Committees
on Appropriations by the Administrator at least every 60 days
until January 15, 2006 to describe any changes made to the plan
as originally submitted or later modified.
(c) Initial Charges.--Funds appropriated under the heading
``Operating Expenses of the United States Agency for International
Development'' for fiscal year 2005 may be initially charged for the
purposes of this section.
united states agency for international development hiring authority
Sec. 5087. (a) Use of Program Funds.--Up to $12,500,000 of the
funds appropriated by this Act to carry out chapter 1 of part I of the
Foreign Assistance Act of 1961 may be transferred to and consolidated
with funds appropriated under the heading, ``Operating Expenses of the
United States Agency for International Development'' (USAID), and used
by USAID to appoint and employ full-time Civil Service and full-time
Foreign Service personnel, including to pay the costs of salaries,
benefits, and allowances of such personnel: Provided, That the
authority of this section may be used to appoint and employ not more
than 50 individuals.
(b) Conditions.--The authority of this section--
(1) may not be used until USAID completes a comprehensive
workforce analysis that is approved by the USAID Administrator
and submitted to the Office of Management and Budget and the
Office of Personnel Management;
(2) may only be used to meet shortages in technical skill
areas identified in the approved workforce analysis;
(3) may only be used to the extent that an equivalent
number of positions that are filled by personal service
contractors or other employees of USAID, who are compensated
with funds appropriated by this Act to carry out chapter 1 of
part I of the Foreign Assistance Act of 1961, are eliminated;
and
(4) may only be exercised after notification of the
Committees on Appropriations and the Office of Management and
Budget.
certain claims for expropriation by the government of nicaragua
Sec. 5088. Section 527 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 2370(a)) is amended by adding at
the end the following new subsection:
``(i) Certain Claims For Expropriation by the Government of
Nicaragua.--
``(1) Any action of the types set forth in subparagraphs
(A), (B), and (C) of subsection (a)(1) that was taken by the
Government of Nicaragua during the period beginning on January
1, 1956, and ending on January 9, 2002, shall not be considered
in implementing the prohibition under subsection (a) unless the
action has been presented in accordance with the procedure set
forth in paragraph (2).
``(2) An action shall be deemed presented for purposes of
paragraph (1) if it is--
``(A) in writing; and
``(B) received by the United States Department of
State on or before 120 days after the date specified in
paragraph (3) at--
``(i) the headquarters of the United States
Department of State in Washington, D.C.; or,
``(ii) the Embassy of the United States of
America to Nicaragua.
``(3) The date to which paragraph (2) refers is a date
after enactment of this subsection that is specified by the
Secretary of State, in the Secretary's discretion, in a notice
published in the Federal Register.''.
overseas private investment corporation and export-import bank
restrictions
Sec. 5089. (a) Limitation on Use of Funds by OPIC.--None of the
funds made available in this Act may be used by the Overseas Private
Investment Corporation to insure, reinsure, guarantee, or finance any
investment in connection with a project involving the mining, polishing
or other processing, or sale of diamonds in a country that fails to
meet the requirements of subsection (c).
(b) Limitation on Use of Funds by the Export-Import Bank.--None of
the funds made available in this Act may be used by the Export-Import
Bank of the United States to guarantee, insure, extend credit, or
participate in an extension of credit in connection with the export of
any goods to a country for use in an enterprise involving the mining,
polishing or other processing, or sale of diamonds in a country that
fails to meet the requirements of subsection (c).
(c) Requirements.--The requirements referred to in subsections (a)
and (b) are that the country concerned is implementing the
recommendations, obligations and requirements developed by the
Kimberley Process on conflict diamonds.
security in asia
Sec. 5090. (a) Of the funds appropriated under the heading
``Foreign Military Financing Program'', not less than the following
amounts shall be made available to enhance security in Asia, consistent
with democratic principles and the rule of law--
(1) $55,000,000 for assistance for the Philippines;
(2) $6,000,000 for assistance for Indonesia;
(3) $2,000,000 for assistance for Bangladesh;
(4) $1,500,000 for assistance for the Democratic Republic
of Timor-Leste;
(5) $2,000,000 for assistance for Mongolia;
(6) $5,000,000 for assistance for Nepal;
(7) $2,500,000 for assistance for Thailand;
(8) $1,000,000 for assistance for Sri Lanka;
(9) $1,000,000 for assistance for Cambodia;
(10) $500,000 for assistance for Fiji; and
(11) $250,000 for assistance for Tonga.
(b) Funds made available for assistance for Indonesia pursuant to
subsection (a) may be made available notwithstanding section 5075 of
this Act: Provided, That such funds may only be made available to the
Indonesian navy for the purposes of enhancing maritime security:
Provided further, That sections 5075(a)(1) and (4) of this Act shall
apply with respect to the Indonesia navy for purposes of this section:
Provided further, That such funds shall only be made available subject
to the regular notification procedures of the Committees on
Appropriations.
(c) Funds made available for assistance for Cambodia pursuant to
subsection (a) shall be made available notwithstanding section 5054 of
this Act: Provided, That such funds shall only be made available
subject to the regular notification procedures of the Committees on
Appropriations.
(d) Funds made available for assistance for Nepal pursuant to
subsection (a) may be made available if the Secretary of State reports
to the Committees on Appropriations that the Government of Nepal is:
(1) complying promptly with habeas corpus orders issued by the Supreme
Court of Nepal, including all outstanding orders; (2) cooperating with
the National Human Rights Commission of Nepal to resolve all cases of
disappearances; and (3) granting the National Human Rights Commission
of Nepal unimpeded access to places of detention: Provided, That the
Secretary of State may waive the requirements of this subsection if he
determines and reports to the Committees on Appropriations that to do
so is in the security interests of the United States.
cooperation with cuba on counter-narcotics matters
Sec. 5091. (a) Subject to subsection (b), of the funds appropriated
under the heading ``International Narcotics Control and Law
Enforcement'', $5,000,000 should be made available for the purposes of
preliminary work by the Department of State, or such other entity as
the Secretary of State may designate, to establish cooperation with
appropriate agencies of the Government of Cuba on counter-narcotics
matters, including matters relating to cooperation, coordination, and
mutual assistance in the interdiction of illicit drugs being
transported through Cuba airspace or over Cuba waters.
(b) The amount in subsection (a) shall not be available if the
President certifies that--
(1) Cuba does not have in place appropriate procedures to
protect against the loss of innocent life in the air and on the
ground in connection with the interdiction of illegal drugs;
and
(2) there is evidence of involvement of the Government of
Cuba in drug trafficking.
hipc debt reduction and trust fund
Sec. 5092. (a) Section 801(b)(1) of Public Law 106-429 is amended--
(1) by inserting ``(i)'' after ``appropriated''; and
(2) by inserting before the period ``; and (ii) for fiscal
years 2004-2006, not more than $150,000,000, for purposes of
additional United States contributions to the HIPC Trust Fund
administered by the Bank, which are authorized to remain
available until expended''.
(b) Section 501(i) of Public Law 106-113 is amended by deleting
``2003-2004'' and inserting in lieu thereof ``2000-2006''.
assistance to millennium challenge candidate countries
Sec. 5093. Section 616(d) of the Millennium Challenge Act of 2003
(title VI of division D of Public Law 108-199) is amended to read as
follows:
``(d) Funding.--For each of fiscal years 2004 and 2005 and every
fiscal year thereafter, of the amounts appropriated pursuant to the
authorization of appropriations under section 619(a), up to 10 percent
is authorized to be made available to carry out this section.''.
chernobyl nuclear power plant
Sec. 5094. None of the funds appropriated under this Act may be
made available for assistance for the central Government of the Russian
Federation if the Secretary of State certifies and reports to the
Committees on Appropriations that the central Government of the Russian
Federation has not pledged or is not contributing funds or other
significant resources for the construction of the new shelter over the
Chernobyl nuclear power plant: Provided, That this provision shall not
apply to democracy, rule of law, child survival and health, and
environment programs.
debt restructuring authority
Sec. 5095. (a) Of the funds appropriated under the heading ``Iraq
Relief and Reconstruction Fund'' in title II of the Emergency
Supplemental Appropriations Act for Defense and for the Reconstruction
of Iraq and Afghanistan, 2004 (Public Law 108-106), $360,000,000 may be
made available for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying direct loans and loan
guarantees for Iraq, without regard to the sectoral allocations and
related provisos under that heading in such Act: Provided, That the
authority of this section shall be used subject to prior consultation
with the Committees on Appropriations: Provided further, That the
obligation of funds pursuant to the authority provided in this section
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That such amount is
designated as an emergency requirement pursuant to section 402 of S.
Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the
Senate by section 14007 of Public Law 108-287.
(b) Title II, chapter 2 of Public Law 108-106 is amended under the
heading ``Other Bilateral Economic Assistance'' by--
(1) in the first proviso, striking ``10 percent'' and
inserting in lieu thereof ``20 percent''; and
(2) in the first proviso, striking ``by more than 20
percent'' and inserting in lieu thereof ``by more than 30
percent''.
(c) Notwithstanding any other provision of law, the Overseas
Private Investment Corporation is authorized to undertake any program
authorized by title IV of the Foreign Assistance Act of 1961 in Iraq:
Provided, That funds made available pursuant to the authority of this
section shall be subject to the regular reprogramming notification
procedures of the Committees on Appropriations.
compliance with the algiers agreements
Sec. 5096. None of the funds appropriated by this Act may be made
available for assistance for the central Governments of Ethiopia or
Eritrea unless the Secretary of State certifies and reports to the
Committees on Appropriations that such government is taking steps to
comply with the terms of the Algiers Agreements: Provided, That this
section shall not apply to democracy, rule of law, child survival and
health, basic education, and agriculture programs.
north korea and burma
Sec. 5097. None of the funds made available in this Act or prior
Acts making appropriations for foreign operations, export financing,
and related programs as a United States contribution to the Global Fund
to Fight AIDS, Tuberculosis and Malaria may be made available for
assistance for the Government of North Korea or the State Peace and
Development Council in Burma, or affiliated groups and organizations.
thailand
Sec. 5098. (a) Funds appropriated by this Act that are available
for the central Government of Thailand may be made available if the
Secretary of State determines and reports to the Committees on
Appropriations that the central Government of Thailand (1) supports the
advancement of democracy in Burma; (2) is not hampering the delivery of
humanitarian and other assistance to people in Thailand who have fled
Burma; and (3) is not forcibly repatriating Burmese to Burma.
(b) Notwithstanding subsection (a), of the funds appropriated by
this Act, not less than $4,000,000 shall be made available to promote
democracy and human rights in Thailand, and not less than $1,000,000
shall be made available to promote and protect an independent media in
Thailand.
(c) The Secretary of State may waive subsection (a) if he
determines and reports to the Committees on Appropriations that to do
so is in the national security interest of the United States.
administrative provisions related to multilateral development banks
Sec. 5099. (a) Section 1307 of the International Financial
Institutions Act (22 U.S.C. 262m-7) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Assessment Required Before Favorable Vote on Proposal.--The
Secretary of the Treasury shall instruct the United States Executive
Director of each multilateral development bank not to vote in favor of
any proposal (including but not limited to any kind of proposed loan,
credit, grant, guarantee, or policy) which would result or be likely to
result in a significant impact on the environment, unless the
Secretary, after consultation with the Secretary of State and the
Administrators of the United States Agency for International
Development and the Environmental Protection Agency, determines that
for at least 120 days before the date of the vote--
``(1) an assessment analyzing the environmental impacts of
the proposal, including associated and cumulative impacts, and
of alternatives to the proposal, has been completed by the
borrower or the bank, and has been made available to the board
of directors of the bank;
``(2) the assessment (or a comprehensive summary of the
assessment) and copies of any related draft loan, credit,
grant, guarantee, or policy (with proprietary information
redacted) have been made available to the bank, affected
groups, and local nongovernmental organizations; and
``(3) environment and development agencies of the member
countries of the bank are notified that the assessment (or a
comprehensive summary of the assessment) and any related draft
loan, credit, grant, guarantee, or policy are available on the
bank's website.''; and
(2) by striking subsection (g) and inserting the following:
``(g) Multilateral Development Bank Defined.--In this title, the
term `multilateral development bank' means the International Bank for
Reconstruction and Development, the European Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Multilateral Investment
Guarantee Agency, the African Development Bank, the African Development
Fund, the Asian Development Bank, the North American Development Bank,
the Inter-American Development Bank, the Inter-American Investment
Corporation, any other institution (other than the International
Monetary Fund) specified in section 1701(c)(2), and any subsidiary of
any such institution, and in section 1504, the term `multilateral
development institution' includes the North American Development Bank
and any such subsidiary.''
(b) Section 1303(b) of the International Financial Institutions Act
(22 U.S.C. 262m-7) is amended by striking ``International Bank for
Reconstruction and Development, the Inter-American Development Bank,
the Asian Development Bank, and the African Development Bank'' and
inserting in lieu thereof ``multilateral development banks''.
(c) Not more than 180 days after the date of enactment of this Act,
the Secretary of the Treasury shall issue temporary regulations to
implement title XIII of the International Financial Institutions Act,
as amended, and, after public notice and comment, final regulations not
more than one year thereafter.
vietnamese refugees
Sec. 5100. (a) Eligibility for In-country Refugee Processing in
Vietnam.--For purposes of eligibility for in-country refugee processing
for nationals of Vietnam during fiscal years 2004 and 2005, an alien
described in subsection (b) shall be considered to be a refugee of
special humanitarian concern to the United States (within the meaning
of section 207 of the Immigration and Nationality Act (8 U.S.C. 1157))
and shall be admitted to the United States for resettlement if the
alien would be admissible as an immigrant under the Immigration and
Nationality Act (except as provided in section 207(c)(3) of that Act).
(b) Aliens Covered.--An alien described in this subsection is an
alien who--
(1) is the son or daughter of a qualified national;
(2) is 21 years of age or older; and
(3) was unmarried as of the date of acceptance of the
alien's parent for resettlement under the Orderly Departure
Program or through the United States Consulate General in Ho
Chi Minh City.
(c) Qualified National.--The term ``qualified national'' in
subsection (b)(1) means a national of Vietnam who--
(1)(A) was formerly interned in a re-education camp in
Vietnam by the Government of the Socialist Republic of Vietnam;
or
(B) is the widow or widower of an individual described in
subparagraph (A);
(2)(A) qualified for refugee processing under the Orderly
Departure Program re-education subprogram; and
(B) is or was accepted under the Orderly Departure Program
or through the United States Consulate General in Ho Chi Minh
City--
(i) for resettlement as a refugee; or
(ii) for admission to the United States as an
immediate relative immigrant; and
(3)(A) is presently maintaining a residence in the United
States or whose surviving spouse is presently maintaining such
a residence; or
(B) was approved for refugee resettlement or immigrant visa
processing and is awaiting departure formalities from Vietnam
or whose surviving spouse is awaiting such departure
formalities.
extraction of natural resources
Sec. 5101. (a) The Secretary of the Treasury shall inform the
managements of the international financial institutions and the public
that it is the policy of the United States that any assistance by such
institutions (including but not limited to any loan, credit, grant, or
guarantee) for the extraction and export of oil, gas, coal, timber, or
other natural resource should not be provided unless the government of
the country has in place or is taking the necessary steps to establish
functioning systems for (1) accurately accounting for revenues and
expenditures in connection with the extraction and export of the type
of natural resource to be extracted or exported; (2) the independent
auditing of such accounts and the widespread public dissemination of
the audits; and (3) verifying government receipts against company
payments including widespread dissemination of such payment information
in a manner that does not create competitive disadvantage or disclose
proprietary information.
(b) Not later than 180 days after the enactment of this Act, the
Secretary of the Treasury shall submit a report to the Committees on
Appropriations describing, for each international financial
institution, the amount and type of assistance provided, by country,
for the extraction and export of oil, gas, coal, timber, or other
national resource since September 30, 2004.
assistance for foreign nongovernmental organizations
Sec. 5102. Notwithstanding any other provision of law, regulation,
or policy, in determining eligibility for assistance authorized under
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.),
foreign nongovernmental organizations--
(1) shall not be ineligible for such assistance solely on
the basis of health or medical services including counseling
and referral services, provided by such organizations with non-
United States Government funds if such services do not violate
the laws of the country in which they are being provided and
would not violate United States Federal law if provided in the
United States; and
(2) shall not be subject to requirements relating to the
use of non-United States Government funds for advocacy and
lobbying activities other than those that apply to United
States nongovernmental organizations receiving assistance under
part I of such Act.
sudan
Sec. 5103. (a) Of the funds appropriated under the heading ``Iraq
Relief and Reconstruction Fund'' of Public Law 108-106, $150,000,000
shall be made available by transfer 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 to
respond to or prevent unforeseen complex foreign crises and to meet
urgent humanitarian needs in Darfur, Sudan and the region.
(b) The entire amount in subsection (a) is designated as an
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.
(c) That such amount shall be available only to the extent that an
official budget request for $150,000,000 that includes designation of
the amount as an emergency requirement, as defined in S. Con. Res. 95
(108th Congress), is transmitted by the President to the Congress.
(d) If the President does not submit an official budget request
required by subsection (c) within 30 days of enactment of the Act, the
funds made available under this section shall revert back to the ``Iraq
Relief and Reconstruction Fund'' of Public Law 108-106.
(e) It is the Sense of the Senate that the transfer authority that
Congress included under chapter 2 of title II of Public Law 108-106,
which authorized the transfer of up to 0.5 percent from funds made
available under Chapter 2 for Sudan, should be triggered to provide
funds to address the humanitarian disaster in Darfur, Sudan and region.
additional funds for the global fund to fight aids, tuberculosis and
malaria
Sec. 5104. In addition, $150,000,000 is appropriated for ``Child
Survival and Health Programs Fund'', which shall be made available for
a United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, in accordance with the provisions applicable
to the Fund under that heading in this Act: Provided, That funds
appropriated by this section are designated by the Congress as an
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287: Provided further, That such funds shall be
divided evenly between malaria control programs and HIV/AIDS drug
procurement and treatment: Provided further, That the malaria funds
shall be only used in low income and least developed countries for
grants (to be awarded through competitive procedures) for country
malaria control programs in which not less than 50 percent of the grant
amounts shall support indoor residual spraying interventions: Provided
further, That no user fees or other fees may be charged by the
government of a country concerned under a program funded utilizing such
amount for any malaria intervention under such program: Provided
further, That none of the funds appropriated by this section shall be
expended for assistance for Burma or for any country officially
designated by the United States Department of State as a state sponsor
of terrorism.
support for african union mission in darfur, sudan
Sec. 5105. (a) In addition, $75,000,000 is appropriated to the
Department of State to carry out the provisions of section 551 of the
Foreign Assistance Act of 1961 for the purpose of providing equipment,
logistical, financial, material, and other resources necessary to
support the rapid expansion of the African Union mission in Darfur,
Sudan.
(b) The entire amount in subsection (a) is designated as an
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.
(c) That such amount shall be available only to the extent that an
official budget request for $75,000,000 that includes designation of
the amount as an emergency requirement, as defined in S. Con. Res. 95
(108th Congress), as made applicable to the Senate by section 14007 of
Public Law 108-287, is transmitted by the President to the Congress.
improving security in haiti
Sec. 5106. (a) Congress makes the following findings:
(1) Haiti is important to the national security interests
of the United States.
(2) The United States has contributed significant
assistance to support the political, economic and social
development of Haiti with limited and uneven results.
(3) The Haitian people are currently suffering from extreme
poverty, threats from armed groups who control large areas of
the country, and violations of human rights, including
kidnappings.
(4) As of September 22, 2004, Tropical Storm Jeanne killed
more than 1,000 people, with many hundreds remaining missing,
in Gonaives and other areas of Haiti, and caused severe
destruction of property.
(5) The Interim Government of Haiti under Prime Minister
Gerard Latortue is attempting to initiate much needed reforms
and bring political stability to the country prior to the
reintroduction of anticipated democratically-elected governance
in 2005.
(6) On July 19-20, 2004, the international community
pledged $1,085,000,000 in assistance for Haiti, including
$230,000,000 from the United States.
(7) The immediate challenges facing Haiti are (a)
addressing the insecurity and instability caused by armed
groups who are undermining the ability of the Interim
Government of Haiti to combat poverty and create the conditions
for free and fair elections; (b) establishing the rule of law;
and (c) economic reactivation and job creation.
(8) On April 30, 2004, the United Nations Security Council
authorized the United Nations Stabilization Mission in Haiti
(MINUSTAH) 6,700 military personnel and 1,622 civilian police
personnel, but as of July 31, 2004, only 2,259 military
personnel and 224 civilian police personnel had been deployed.
(9) MINUSTAH is essential to efforts to restore stability
and security, including countering the activities of rebels,
ex-combatants and other armed groups.
(b) Congress--
(1) appreciates the contributions of military and civilian
police personnel to MINUSTAH by Brazil and other nations;
(2) calls upon the Secretary of State to redouble his
efforts to encourage contributions of additional personnel to
MINUSTAH;
(3) calls upon MINUSTAH to assertively fulfill its mandate
under Chapter VII of the United Nations Charter to ``ensure a
secure and stable environment within which the constitutional
and political process in Haiti can take place'', by confronting
and resolving security threats to the Interim Government of
Haiti and the people of Haiti;
(4) calls upon the United States and the international
community, including the United Nations and the Organization of
American States, to expedite the disbursement of sufficient
assistance to enable the Interim Government of Haiti to--
(A) address Haiti's urgent humanitarian needs,
including to assist Haitians affected by Tropical Storm
Jeanne;
(B) increase employment and promote economic
development; and
(C) carry out democratic elections in 2005;
(5) calls upon the Interim Government of Haiti to make
every effort to ensure that all political parties can
participate fully and freely in the electoral process; and
(6) notes that the failure to establish a secure and stable
environment and to conduct credible and inclusive elections
will likely result in Haiti's complete transition from a failed
state to a criminal state.
report on global poverty and national security
Sec. 5107. Not later than 180 days after the date of the enactment
of this Act, the Secretary of State, in consultation with other
relevant Federal agencies, shall submit a report to Congress on the
impact of global poverty on the national security of the United States,
which shall include: (1) an evaluation of the effects of global poverty
on United States efforts to promote democracy, equitable economic
development, and the rule of law in developing countries; (2) a
description of the relationship between global poverty and political
instability, civil conflict, and international terrorism; and (3)
recommendations for improving the ability of the United States
Government to effectively address the problems in (1) and (2) by
combating global poverty, including possible organizational changes
within the Federal government.
report on education reform in pakistan
Sec. 5108 (a) Not later than 90 days after the date of enactment of
this Act, the Secretary of State shall submit a report to the
appropriate congressional committees--
(1) describing the strategy of the Government of Pakistan
to implement education reform in Pakistan, and the strategy of
the Government of the United States to assist Pakistan to
achieve that objective;
(2) providing information on the amount of funding--
(A) obligated and expended by the Government of
Pakistan and the Government of the United States,
respectively, for education reform in Pakistan, since
January 1, 2002;
(B) expected to be provided by the Government of
Pakistan and the Government of the United States,
respectively, for education reform in Pakistan,
including any assistance to be provided by the United
States pursuant to the commitment of President Bush to
provide $3,000,000,000 in assistance to Pakistan during
fiscal year 2005 through fiscal year 2009; and
(3) discussing progress made in achieving education reform
in Pakistan since January 1, 2002.
(b) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committees on Appropriations and
International Relations of the House of
Representatives; and
(B) the Committees on Appropriations and Foreign
Relations of the Senate;
(2) the term ``education reform'' includes efforts to
expand and improve the secular education system in Pakistan,
and to develop and utilize a moderate curriculum for private
religious schools in Pakistan.
united nations resolutions on israel
Sec. 5109. (a) The Senate makes the following findings:
(1) The United Nations General Assembly and United Nations
Security Council have over a period of many years engaged in a
pattern of enacting measures and resolutions castigating and
condemning the state of Israel.
(2) Despite the myriad of challenges facing the world
community, the United Nations General Assembly has devoted a
disproportionate amount of time and resources to castigating
Israel.
(3) During the fifty-seventh session of the United Nations
General Assembly, the General Assembly adopted a total of 80
resolutions by roll call vote, 23 of which related to Israel
and were opposed by the United States.
(4) The United States has a responsibility to promote fair
and equitable treatment of all nations in the context of
international organizations, including the United Nations.
(b) It is the sense of the Senate that the President, the United
States Permanent Representative to the United Nations, and other
appropriate United States officials should--
(1) work to dissuade member states of the United Nations
from voting in support of United Nations General Assembly
resolutions that unfairly castigate Israel; and
(2) promote within the United Nations General Assembly more
balanced and constructive approaches to resolving the conflict
in the Middle East.
(c) Section 406(b)(4) of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (Public Law 101-246; 22 U.S.C. 2414a(b)(4))
is amended by inserting after ``United States'' the following: ``,
including a separate listing of all plenary votes cast by member
countries of the United Nations in the General Assembly on resolutions
specifically related to Israel that are opposed by the United States''.
sense of the senate on violations of religious freedom in saudi arabia
Sec. 5110. It is the sense of the Senate that, in light of the
designation of Saudi Arabia as a country of particular concern under
section 402(b)(1)(A) of the International Religious Freedom Act of 1998
(22 U.S.C. 6442(b)(1)(A)) because the Government of Saudi Arabia has
engaged in or tolerated particularly severe violations of religious
freedom, the President should--
(1) under the authority in section 402(c)(2) and 405(c) of
such Act, negotiate a binding agreement with the Government of
Saudi Arabia that requires such Government to phase out any
program, policy, or practice that contributes to the violations
of religious freedom occurring or being tolerated in Saudi
Arabia; or
(2) take an action described in one of the paragraphs (9)
through (15) of 405(a) of such Act or a commensurate action
under the authority in section 402(c)(1)(B) of such Act with
respect to Saudi Arabia that the President determines is
appropriate after consideration of the recommendations for
United States policy made by the United States Commission on
International Religious Freedom.
support for the political independence of lebanon
Sec. 5111. (a) The Senate makes the following findings:
(1) The United States has long supported the sovereignty,
territorial integrity, and political independence of Lebanon
and the sole and exclusive exercise by the Government of
Lebanon of national governmental authority throughout that
country.
(2) The continued presence in Lebanon of nongovernmental
armed groups and militias, including Hizbollah, prevents the
Government of Lebanon from exercising its full sovereignty over
all territory in that country.
(3) The Government of Syria has had a military presence in
Lebanon since 1976, and maintains approximately 20,000 troops
in Lebanon.
(4) The Government of Syria continues to violate United
Nations Security Council Resolution 520, adopted in 1982, which
demands that ``all non-Lebanese forces'' leave Lebanon.
(5) Syria has, since 1979, been labeled by the Department
of State as a state sponsor of terrorism.
(6) President George W. Bush signed an Executive order on
May 11, 2004, that implements sanctions against the Government
of Syria pursuant to the Syria Accountability and Lebanese
Sovereignty Restoration Act of 2003 (Public Law 108-175; 22
U.S.C. 2151 note).
(7) United Nations Security Resolution 1559, approved on
September 2, 2004, expressed support for a free and fair
electoral process in the upcoming presidential election in
Lebanon conducted according to constitutional rules adopted in
Lebanon without foreign interference or influence.
(8) On September 3, 2004, the Government of Syria,
according to numerous reports, exerted undue influence upon
government officials in Lebanon to amend the constitution to
extend the term of the President of Lebanon, Emile Lahoud, who
is supported by the Government of Syria.
(b) It is the sense of the Senate that--
(1) the United Nations should seek a firm, negotiated
schedule for the complete withdrawal from Lebanon of Syria
armed forces in order to facilitate the restoration of the
sovereignty, territorial integrity, and political independence
of Lebanon;
(2) the Government of Syria should immediately withdraw its
troops from Lebanon in accordance with United Nations
resolutions;
(3) the Government of Syria should--
(A) cease its support and armament of terror groups
such as Hizbollah; and
(B) facilitate efforts by the government and armed
forces of Lebanon to disarm all nongovernmental armed
groups and militias located in Lebanon and to extend
central government authority throughout Lebanon; and
(4) the Government of Syria should cease efforts to derail
the democratic process in Lebanon and to interfere with the
legitimate electoral process in that country.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2005''.
Attest:
Secretary.
108th CONGRESS
2d Session
H. R. 4818
_______________________________________________________________________
AMENDMENT