[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4818 Referred in Senate (RFS)]
2d Session
H. R. 4818
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 19, 2004
Received; read twice and referred to the Committee on Appropriations
_______________________________________________________________________
AN ACT
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2005, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2005, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act: Provided
further, That notwithstanding section 1(c) of Public Law 103-428, as
amended, sections 1(a) and (b) of Public Law 103-428 shall remain in
effect through October 1, 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, $125,700,000, 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
East European country, any Baltic State or any agency or national
thereof.
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, $51,500,000, 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,
$1,648,500,000, to remain available until September 30, 2006: 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:
$330,000,000 for child survival and maternal health; $28,000,000 for
vulnerable children; $330,000,000 for HIV/AIDS; $185,000,000 for other
infectious diseases; and $375,500,000 for family planning/reproductive
health: Provided further, That of the funds appropriated under this
heading, and in addition to funds allocated under the previous proviso,
not less than $400,000,000 shall be made available, 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.), 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 up to 5 percent of
the funds made available under the previous proviso may be made
available to the United States Agency for International Development for
technical assistance related to the activities of the Global Fund:
Provided further, That of the funds appropriated under this heading,
$65,000,000 may be made available for a United States contribution to
The Vaccine Fund, and up to $6,000,000 may be transferred to and merged
with funds appropriated by this Act under the heading ``Operating
Expenses of the United States Agency for International Development''
for costs directly related to international health, but funds made
available for such costs may not be derived from amounts made available
for contributions under this and preceding provisos: Provided further,
That none of the funds made available in this Act nor any unobligated
balances from prior appropriations may be made available to any
organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided further,
That none of the funds made available under this Act may be used to pay
for the performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided further,
That none of the funds made available under this Act may be used to
lobby for or against abortion: Provided further, That in order to
reduce reliance on abortion in developing nations, funds shall be
available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to,
a broad range of family planning methods and services, and that any
such voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the project
shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the Administrator of the United
States Agency for International Development determines that there has
been a violation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of violations of
the requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations a report
containing a description of such violation and the corrective action
taken by the Agency: Provided further, That in awarding grants for
natural family planning under section 104 of the Foreign Assistance Act
of 1961 no applicant shall be discriminated against because of such
applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or appropriating
funds for foreign operations, export financing, and related programs,
the term ``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent with local
law, of information or counseling about all pregnancy options: Provided
further, That nothing in this paragraph shall be construed to alter any
existing statutory prohibitions against abortion under section 104 of
the Foreign Assistance Act of 1961: Provided further, That to the
maximum extent feasible, taking into consideration cost, timely
availability, and best health practices, funds appropriated in this Act
that are made available for condom procurement shall be made available
only for the procurement of condoms manufactured in the United States:
Provided further, That information provided about the use of condoms as
part of projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and shall include
the public health benefits and failure rates of such use.
development assistance
For necessary expenses 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, $1,429,000,000, to remain available until September 30,
2006: Provided, That $194,000,000 should be allocated for trade
capacity building: Provided further, That $300,000,000 should be
allocated for basic education: Provided further, That of the funds
appropriated under this heading and managed by the United States Agency
for International Development Bureau of Democracy, Conflict, and
Humanitarian Assistance, not less than $15,000,000 shall be made
available only for programs to improve women's leadership capacity in
recipient countries: Provided further, That such funds may not be made
available for construction: Provided further, That of the funds
appropriated under this heading that are made available for assistance
programs for displaced and orphaned children and victims of war, not to
exceed $32,500, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of such
programs.
international disaster and famine assistance
For necessary expenses of the United States Agency for
International Development to carry out the provisions of section 491 of
the Foreign Assistance Act of 1961 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, $20,000,000, 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, $47,500,000, 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 it 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 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: Provided further, That the provisions of
section 107A(d) (relating to general provisions applicable to the
Development Credit Authority) of the Foreign Assistance Act of 1961, as
contained in section 306 of H.R. 1486 as reported by the House
Committee on International Relations on May 9, 1997, shall be
applicable to direct loans and loan guarantees provided under this
heading.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development, $8,000,000, which may be transferred to and merged with
the appropriation for Operating Expenses of the United States Agency
for International Development: Provided, 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, $64,800,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: 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: Provided further, That funds appropriated under this
heading and under the heading ``Operating Expenses of the United States
Agency for International Development'' may be made available for
USAID's contribution to the Capital Cost Sharing Program only if all
other agencies who have agreed to participate in that program during
the current fiscal year are making their contributions to the program.
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, $2,450,000,000, 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 reforms which are additional to those which were undertaken in
previous fiscal years: Provided further, That in exercising the
authority to provide cash transfer assistance for Israel, the President
shall ensure that the level of such assistance does not cause an
adverse impact on the total level of nonmilitary exports from the
United States to such country and that Israel enters into a side letter
agreement in an amount proportional to the fiscal year 1999 agreement:
Provided further, That of the funds appropriated under this heading,
not less than $250,000,000 should be made available only for assistance
for Jordan: Provided further, That not 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
cost 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 $13,500,000 of the
funds appropriated under this heading should be made available for
Cyprus to be used only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed at
reunification of the island and designed to reduce tensions and promote
peace and cooperation between the two communities on Cyprus: Provided
further, That $35,000,000 of the funds appropriated under this heading
should be made available for assistance for Lebanon, of which not less
than $4,000,000 should be made available for scholarships and direct
support of American educational institutions in Lebanon: Provided
further, That 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 $22,000,000 of the funds
appropriated under this heading should be made available for assistance
for the Democratic Republic of Timor-Leste: Provided further, That
$50,000,000 of the funds appropriated under this heading should be made
available for assistance for Haiti: Provided further, That funds
appropriated under this heading may be used, notwithstanding any other
provision of law, to provide assistance to the National Democratic
Alliance of Sudan to strengthen its ability to protect civilians from
attacks, slave raids, and aerial bombardment by the Sudanese Government
forces and its militia allies, and the provision of such funds shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That in the previous proviso, the
term ``assistance'' includes non-lethal, non-food aid such as blankets,
medicine, fuel, mobile clinics, water drilling equipment,
communications equipment to notify civilians of aerial bombardment,
non-military vehicles, tents, and shoes: Provided further, That 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.
international fund for ireland
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $18,500,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 2006.
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, $375,000,000, 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.
(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) With regard to funds appropriated under this heading for the
economic revitalization program in Bosnia and Herzegovina, and local
currencies generated by such funds (including the conversion of funds
appropriated under this heading into currency used by Bosnia and
Herzegovina as local currency and local currency returned or repaid
under such program) the Administrator of the United States Agency for
International Development shall provide written approval for grants and
loans prior to the obligation and expenditure of funds for such
purposes, and prior to the use of funds that have been returned or
repaid to any lending facility or grantee.
(d) The provisions of section 529 of this Act shall apply to funds
made available under subsection (c) and to funds appropriated under
this heading: Provided, That notwithstanding any provision of this or
any other Act, including provisions in this subsection regarding the
application of section 529 of this Act, local currencies generated by,
or converted from, funds appropriated by this Act and by previous
appropriations Acts and made available for the economic revitalization
program in Bosnia may be used in Eastern Europe and the Baltic States
to carry out the provisions of the Foreign Assistance Act of 1961 and
the Support for East European Democracy (SEED) Act of 1989.
(e) The President is authorized to withhold funds appropriated
under this heading made available for economic revitalization programs
in Bosnia and Herzegovina, if he determines and certifies to the
Committees on Appropriations that the Federation of Bosnia and
Herzegovina has not complied with article III of annex 1-A of the
General Framework Agreement for Peace in Bosnia and Herzegovina
concerning the withdrawal of foreign forces, and that intelligence
cooperation on training, investigations, and related activities between
state sponsors of terrorism and terrorist organizations and Bosnian
officials has not been terminated.
assistance for the independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of chapters
11 and 12 of part I of the Foreign Assistance Act of 1961 and the
FREEDOM Support Act, for assistance for the Independent States of the
former Soviet Union and for related programs, $550,000,000, 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, $1,500,000 should be
available only to meet the health and other assistance needs of victims
of trafficking in persons: Provided further, That, notwithstanding any
other provision of law, funds appropriated under this heading in this
Act or prior Acts making appropriations for foreign operations, export
financing, and related programs, that are made available pursuant to
the provisions of section 807 of Public Law 102-511 shall be subject to
a 6 percent ceiling on administrative expenses.
(b) Of the funds appropriated under this heading, not less than
$65,000,000 should be made available for assistance for Armenia.
(c) Of the funds appropriated under this heading, not less than
$57,000,000 should be made available, in addition to funds otherwise
available for such purposes, for assistance for child survival,
environmental and reproductive health, and to combat HIV/AIDS,
tuberculosis and other infectious diseases, and for related activities.
(d)(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.
(e) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
Independent Agencies
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $16,238,000, 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,
$18,579,000, 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), $330,000,000, 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
Corporation'', $1,250,000,000, to remain available until expended:
Provided, That of the funds appropriated under this heading, not more
than $30,000,000 may be available for administrative expenses of the
Millennium Challenge Corporation: Provided further, That none of the
funds appropriated under this heading may be made available for the
provision of assistance until the Chief Executive Officer of the
Millennium Challenge Corporation provides a written budget
justification to the Committees on Appropriations: Provided further,
That up to 10 percent of the funds appropriated under this heading may
be made available to carry out the purposes of section 616 of the
Millennium Challenge Act of 2003: Provided further, That none of the
funds available to carry out section 616 of such Act may be made
available until the Chief Executive Officer of the Millennium Challenge
Corporation provides a report to the Committees on Appropriations
listing the candidate countries that will be receiving assistance under
section 616 of such Act, the level of assistance proposed for each such
country, a description of the proposed programs, projects and
activities, and the implementing agency or agencies of the United
States Government: Provided further, That section 605(e)(4) of the
Millennium Challenge Act of 2003 shall apply to funds appropriated
under this heading: Provided further, That funds appropriated under
this heading, and funds appropriated under this heading in division D
of Public Law 108-199, may be made available for a Millennium Challenge
Compact entered into pursuant to section 609 of the Millennium
Challenge Act of 2003 only if such Compact obligates, or contains a
commitment to obligate subject to the availability of funds and the
mutual agreement of the parties to the Compact to proceed, the entire
amount of the United States Government funding anticipated for the
duration of the Compact: Provided further, That the previous proviso
shall be effective on the date of enactment of this Act.
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, $1,260,000,000, to remain available until
expended: Provided, 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:
Provided further, That of the funds appropriated under this heading,
not less than $26,000,000 should be made available as a contribution to
the International AIDS Vaccine Initiative.
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 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 up to $10,000,000 of the funds
appropriated under this heading should be made available for demand
reduction programs: 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 none of the funds
appropriated by this Act may be made available to support a Peruvian
air interdiction program until the Secretary of State and Director of
Central Intelligence certify to the Congress, 30 days before any
resumption of United States involvement in a Peruvian air interdiction
program, that an air interdiction program that permits the ability of
the Peruvian Air Force to shoot down aircraft will include enhanced
safeguards and procedures to prevent the occurrence of any incident
similar to the April 20, 2001 incident: Provided further, That the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development, shall provide to
the Committees on Appropriations not later than 45 days after the date
of the enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the proposed uses of
all funds under this heading on a country-by-country basis for each
proposed program, project, or activity: Provided further, That section
482(b) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading: Provided further, That assistance
provided with funds appropriated under this heading that is made
available notwithstanding section 482(b) of the Foreign Assistance Act
of 1961 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 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, $756,000,000, which shall remain available until expended:
Provided, That not more than $21,000,000 may be available for
administrative expenses: Provided further, That funds appropriated
under this heading may be made available for a headquarters
contribution to the International Committee of the Red Cross only if
the Secretary of State determines (and so reports to the appropriate
committees of Congress) that the Magen David Adom Society of Israel is
not being denied participation in the activities of the International
Red Cross and Red Crescent Movement.
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)), $20,000,000, to remain available until expended.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $382,000,000, 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 $30,000,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the
United States to do so: Provided further, That funds appropriated under
this heading may be made available for the International Atomic Energy
Agency only if the Secretary of State determines (and so reports to the
Congress) that Israel is not being denied its right to participate in
the activities of that Agency: Provided further, That of the funds 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 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.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $19,000,000, to remain available
until September 30, 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, $105,000,000, 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 up to $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: Provided further, That none of the funds appropriated
under this heading may be paid to the HIPC Trust Fund for the benefit
of any country that has accepted loans from an international financial
institution between such country's decision point and completion point:
Provided further, That the terms ``decision point'' and ``completion
point'' shall have the same meaning as defined by the International
Monetary Fund.
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 funds appropriated under this
heading for military education and training for Guatemala may only be
available for expanded international military education and training,
and funds made available for Nigeria and Guatemala may only be provided
through the regular notification procedures of the Committees on
Appropriations.
foreign military financing program
(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 $580,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That in addition to the funds
appropriated under this heading, up to $150,000,000 for assistance for
Pakistan 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 or otherwise made
available by this paragraph shall be nonrepayable notwithstanding any
requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this paragraph shall be
obligated upon apportionment in accordance with paragraph (5)(C) of
title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the funds
appropriated under this heading shall be available for assistance for
Sudan, Indonesia and Guatemala: Provided further, That funds made
available under this heading may be used, notwithstanding any other
provision of law, for demining, the clearance of unexploded ordnance,
and related activities, and may include activities implemented through
nongovernmental and international organizations: Provided further, That
the authority contained in the previous proviso or any other provision
of law relating to the use of funds for programs under this heading,
including provisions contained in previously enacted appropriations
Acts, shall not apply to activities relating to the clearance of
unexploded ordnance resulting from United States Armed Forces testing
or training exercises: Provided further, That the previous proviso
shall not apply to San Jose Island, Republic of Panama: Provided
further, That only those countries for which assistance was justified
for the ``Foreign Military Sales Financing Program'' in the fiscal year
1989 congressional presentation for security assistance programs may
utilize funds made available under this heading for procurement of
defense articles, defense services or design and construction services
that are not sold by the United States Government under the Arms Export
Control Act: Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That not
more than $40,500,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside of the
United States, for the general costs of administering military
assistance and sales: Provided further, That not more than $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
none of the funds appropriated under this heading shall be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
global environment facility
For the United States contribution for the Global Environment
Facility, $107,500,000 to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility, by the
Secretary of the Treasury, to remain available until expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $850,000,000, to remain available until
expended.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the fund, $25,000,000, to remain available until
expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended, $112,212,465,
to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury, $5,100,000, 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,
$118,000,000, 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, $35,431,111 for the United States
share of the paid-in portion of the increase in capital stock, to
remain available until expended: Provided, That funds appropriated
under this heading shall be subject to the regular notification
procedures of the Committees on Appropriations and shall be transmitted
at least 15 days in advance of the obligation of funds.
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 $121,996,662.
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, $323,450,000:
Provided, That none of the funds appropriated under this heading may be
made available to the International Atomic Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
compensation for united states executive directors to international
financial institutions
Sec. 501. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code,
or while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
restrictions on voluntary contributions to united nations agencies
Sec. 502. 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. 503. Of the funds appropriated or made available pursuant to
this Act, not to exceed $100,500 shall be for official residence
expenses of the United States Agency for International Development
during the current fiscal year: Provided, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.
limitation on expenses
Sec. 504. Of the funds appropriated or made available pursuant to
this Act, not to exceed $5,000 shall be for entertainment expenses of
the United States Agency for International Development during the
current fiscal year.
limitation on representational allowances
Sec. 505. Of the funds appropriated or made available pursuant to
this Act, not to exceed $125,000 shall be available for representation
allowances for the United States Agency for International Development
during the current fiscal year: Provided, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for general costs
of administering military assistance and sales under the heading
``Foreign Military Financing Program'', not to exceed $4,000 shall be
available for entertainment expenses and not to exceed $130,000 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 $55,000 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 $4,000 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 $130,000 shall be available for
representation and entertainment allowances.
prohibition on taxation of united states assistance
Sec. 506. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide assistance
for a foreign country under a new bilateral agreement governing the
terms and conditions under which such assistance is to be provided
unless such agreement includes a provision stating that assistance
provided by the United States shall be exempt from taxation, or
reimbursed, by the foreign government, and the Secretary of State shall
expeditiously seek to negotiate amendments to existing bilateral
agreements, as necessary, to conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
percent of the total taxes assessed during fiscal year 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. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, Libya, North
Korea, Iran, or Syria: Provided, That for purposes of this section, the
prohibition on obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import Bank or its
agents.
military coups
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to the government of any country whose
duly elected head of government is deposed by decree or military coup:
Provided, That assistance may be resumed to such government if the
President determines and certifies to the Committees on Appropriations
that subsequent to the termination of assistance a democratically
elected government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to promote
democratic elections or public participation in democratic processes:
Provided further, That funds made available pursuant to the previous
provisos shall be subject to the regular notification procedures of the
Committees on Appropriations.
transfers
Sec. 509. (a)(1) Limitation on Transfers Between Agencies.--None of
the funds made available by this Act may be transferred to any
department, agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers made
by, or authorized elsewhere in, this Act, funds appropriated by this
Act to carry out the purposes of the Foreign Assistance Act of 1961 may
be allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(b) 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. 510. Notwithstanding any other provision of law, and subject
to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt and NATO
and major non-NATO allies for the procurement by leasing (including
leasing with an option to purchase) of defense articles from United
States commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having possible
civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.
availability of funds
Sec. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of
part I, section 667, 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. 512. No part of any appropriation contained in this Act shall
be used to furnish assistance to the government of any country which is
in default during a period in excess of one calendar year in payment to
the United States of principal or interest on any loan made to the
government of such country by the United States pursuant to a program
for which funds are appropriated under this Act unless the President
determines, following consultations with the Committees on
Appropriations, that assistance to such country is in the national
interest of the United States.
commerce and trade
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the time the
resulting productive capacity is expected to become operative and if
the assistance will cause substantial injury to United States producers
of the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury to
United States producers of the same, similar, or competing commodity,
and the Chairman of the Board so notifies the Committees on
Appropriations.
(b) None of the funds appropriated by this or any other Act to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961
shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514. The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the North American Development Bank,
the European Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the voice and
vote of the United States to oppose any assistance by these
institutions, using funds appropriated or made available pursuant to
this Act, for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the same,
similar, or competing commodity.
notification requirements
Sec. 515. For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Health Programs
Fund'', ``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Initiative'',
``Assistance for Eastern Europe and the Baltic States'', ``Assistance
for the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``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 the requirements of this section or
any similar provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided further, That in case of any such waiver,
notification to the Congress, or the appropriate congressional
committees, shall be provided as early as practicable, but in no event
later than 3 days after taking the action to which such notification
requirement was applicable, in the context of the circumstances
necessitating such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
limitation on availability of funds for international organizations and
programs
Sec. 516. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign operations,
export financing, and related programs, which are returned or not made
available for organizations and programs because of the implementation
of section 307(a) of the Foreign Assistance Act of 1961, shall remain
available for obligation until September 30, 2006.
independent states of the former soviet union
Sec. 517. (a) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet Union''
shall be made available for assistance for a government of an
Independent State of the former Soviet Union--
(1) unless that government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, respect for commercial
contracts, and equitable treatment of foreign private
investment; and
(2) if that government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
Assistance may be furnished without regard to this subsection if the
President determines that to do so is in the national interest.
(b) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for assistance for a government of an Independent State of
the former Soviet Union if that government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That such
funds may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States.
(c) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for any state to enhance its military capability: Provided,
That this restriction does not apply to demilitarization, demining or
nonproliferation programs.
(d) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Georgia, and Ukraine shall be subject to the
regular notification procedures of the Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(f) 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. 518. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
export financing transfer authorities
Sec. 519. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 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. 520. None of the funds appropriated by this Act shall be
obligated or expended for Liberia, Serbia, Sudan, or Zimbabwe except as
provided through the regular notification procedures of the Committees
on Appropriations.
definition of program, project, and activity
Sec. 521. For the purpose of this Act, ``program, project, and
activity'' shall be defined at the appropriations Act account level and
shall include all appropriations and authorizations Acts earmarks,
ceilings, and limitations with the exception that for the following
accounts: Economic Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the United States
Agency for International Development ``program, project, and activity''
shall also be considered to include central, country, regional, and
program level funding, either as: (1) justified to the Congress; or (2)
allocated by the executive branch in accordance with a report, to be
provided to the Committees on Appropriations within 30 days of the
enactment of this Act, as required by section 653(a) of the Foreign
Assistance Act of 1961.
child survival and health activities
Sec. 522. Up to $13,500,000 of the funds made available by this Act
for assistance under the heading ``Child Survival and Health Programs
Fund'', may be used to reimburse United States Government agencies,
agencies of State governments, institutions of higher learning, and
private and voluntary organizations for the full cost of individuals
(including for the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of carrying out
activities under that heading: Provided, That up to $3,500,000 of the
funds made available by this Act for assistance under the heading
``Development Assistance'' may be used to reimburse such agencies,
institutions, and organizations for such costs of such individuals
carrying out other development assistance activities: Provided further,
That funds appropriated by 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.).
afghanistan
Sec. 523. Of the funds appropriated by titles II and III of this
Act, not less than $977,000,000 should be made available for
humanitarian, reconstruction, and related assistance for Afghanistan:
Provided, That $60,000,000 of the funds allocated for assistance for
Afghanistan from this Act and other Acts making appropriations for
foreign operations, export financing, and related programs for fiscal
year 2005 should be made available for assistance for Afghan women and
girls.
notification on excess defense equipment
Sec. 524. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of
1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as are
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further, That
such Committees shall also be informed of the original acquisition cost
of such defense articles.
the global fund to fight aids, tuberculosis and malaria
Sec. 525. Notwithstanding any other provision of this Act, none of
the funds that are appropriated by this Act that are made available to
support the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global
Fund) may be made available to the Global Fund until the Secretary of
State certifies to the Committees on Appropriations that--
(1) the Global Fund is making concerted efforts to--
(A) establish a full time, professional,
independent office which reports directly to the Global
Fund Board regarding, among other things, the integrity
of processes for consideration and approval of grant
proposals, and the implementation, monitoring and
evaluation of grants made by the Global Fund;
(B) strengthen domestic civil society
participation, especially for people living with HIV/
AIDS, in-country coordinating mechanisms; and
(C) establish procedures to assess the need for,
and coordinate, technical assistance for Global Fund
activities, in cooperation with bilateral and
multilateral donors; and
(2) the Global Fund has established clear, consistent
progress indicators upon which to determine the release of
incremental disbursements;
(3) the Global Fund is releasing such incremental
disbursements only if sufficient positive results have been
attained based on those indicators; and
(4) the Global Fund is providing an appropriate level of
support and oversight to country-level entities, such as
country coordinating mechanisms, principal recipients, and
local Fund agents, to enable them to fulfill their mandates.
democracy programs
Sec. 526. (a) The Secretary of Treasury should instruct the United
States executive director to each international financial institution
to use the voice and vote of the United States to support projects in
Tibet if such projects do not provide incentives for the migration and
settlement of non-Tibetans into Tibet or facilitate the transfer of
ownership of Tibetan land and natural resources to non-Tibetans; are
based on a thorough needs-assessment; foster self-sufficiency of the
Tibetan people and respect Tibetan culture and traditions; and are
subject to effective monitoring.
(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'' should 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.
(c) Notwithstanding any other provision of law, not less than
$250,000 of the funds appropriated under the heading ``Economic Support
Fund'' should be made available for human rights and democracy programs
for Tibetans.
(d) Not less than $27,000,000 of the funds appropriated by this Act
under the heading ``Economic Support Fund'' should be allocated for the
Human Rights and Democracy Fund: Provided, That up to $1,200,000 may be
used for the Reagan/Fascell Democracy Fellows program.
(e) Notwithstanding any other provision of law, up to $1,500,000 of
the funds appropriated by this Act under the heading ``Economic Support
Fund'' may be provided to make grants to educational, humanitarian, and
nongovernmental organizations and individuals inside Iran and Syria to
support the advancement of democracy and human rights in Iran and
Syria, and such funds may be provided through the National Endowment
for Democracy.
prohibition on bilateral assistance to terrorist countries
Sec. 527. (a) Funds appropriated for bilateral assistance under any
heading of this Act and funds appropriated under any such heading in a
provision of law enacted prior to the enactment of this Act, shall not
be made available to any country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least 15 days before the
waiver takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
debt-for-development
Sec. 528. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title II of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, and any interest earned
on such investment shall be used for the purpose for which the
assistance was provided to that organization.
separate accounts
Sec. 529. (a) Separate Accounts for Local Currencies.--(1) If
assistance is furnished to the government of a foreign country under
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 under agreements which result in the generation
of local currencies of that country, the Administrator of the United
States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent
with this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for International
Development and that government to monitor and account for
deposits into and disbursements from the separate account.
(2) Uses of local currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local
currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--The United States Agency for
International Development shall take all necessary steps to ensure that
the equivalent of the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Reporting requirement.--The Administrator of the United States
Agency for International Development shall report on an annual basis as
part of the justification documents submitted to the Committees on
Appropriations on the use of local currencies for the administrative
requirements of the United States Government as authorized in
subsection (a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used and/or to be used
for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is
made available to the government of a foreign country, under chapter 1
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the
Committee of Conference accompanying House Joint Resolution 648 (House
Report No. 98-1159).
(3) Notification.--At least 15 days prior to obligating any such
cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of
the Committees on Appropriations, which shall include a detailed
description of how the funds proposed to be made available will be
used, with a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be exempt
from the requirements of subsection (b)(1) only through the
notification procedures of the Committees on Appropriations.
enterprise fund restrictions
Sec. 530. (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.
sudan
Sec. 531. (a) Of the funds appropriated by title II of this Act,
not less than $311,000,000 should be made available for assistance for
Sudan.
(b) Subject to section (c):
(1) Notwithstanding section 501(a) of the International
Malaria Control Act of 2000 (Public Law 106-570) or any other
provision of law, none of the funds appropriated by this Act
may be made available for assistance for the Government of
Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost
of selling, reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees, and
credit agreements.
(c) Subsection (b) shall not apply if the Secretary of State
determines and certifies to the Committees on Appropriations that--
(1) the Government of Sudan has disarmed and disbanded
government-supported militia groups in the Darfur region;
(2) the Government of Sudan and all government-supported
militia groups are honoring their commitments made in the
cease-fire agreement of April 8, 2004; and
(3) the Government of Sudan is allowing full and
unconditional access to Darfur to humanitarian aid
organizations, the human rights investigation and humanitarian
teams of the United Nations, including protection officers, and
an international monitoring team that is based in Darfur and
that has the support of the United States.
(d) Exceptions.--The provisions of subsection (b) shall not apply
to--
(1) humanitarian assistance; and
(2) assistance for Darfur and for areas outside the control
of the Government of Sudan.
(e) Definitions.--For the purposes of the Act and section 501 of
Public Law 106-570, the terms ``Government of Sudan'', ``areas outside
of control of the Government of Sudan'', and ``area in Sudan outside of
control of the Government of Sudan'' shall have the same meaning and
application as was the case immediately prior to the conclusion of the
cease-fire agreement of April 8, 2004.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 532. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development Foundation
Act. The agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is prohibited.
impact on jobs in the united states
Sec. 533. None of the funds appropriated by this Act may be
obligated or expended to provide--
(1) 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
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4) (D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
special authorities
Sec. 534. (a) Afghanistan, Pakistan, Montenegro, Victims of War,
Displaced Children, and Displaced Burmese.--Funds appropriated by this
Act that are made available for assistance for Afghanistan may be made
available notwithstanding section 512 of this Act 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 Montenegro, Pakistan, and for victims of war, displaced
children, and displaced Burmese, and to assist victims of trafficking
in persons and, subject to the regular notification procedures of the
Committees on Appropriations, to combat such trafficking, may be made
available notwithstanding any other provision of law.
(b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections
103 through 106, and chapter 4 of part II, of the Foreign Assistance
Act of 1961 may be used, notwithstanding any other provision of law,
for the purpose of supporting tropical forestry and biodiversity
conservation activities and energy programs aimed at reducing
greenhouse gas emissions: Provided, That such assistance shall be
subject to sections 116, 502B, and 620A of the Foreign Assistance Act
of 1961.
(c) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Agricultural
Trade Development and Assistance Act of 1954, may be used by the United
States Agency for International Development to employ up to 25 personal
services contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities managed by the
agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 10 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds appropriated
to carry out title II of the Agricultural Trade Development and
Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of section
1003 of Public Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives and the
President pro tempore of the Senate that it is important to the
national security interests of the United States.
(2) Period of application of waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(e) 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) 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.
(g) 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.
(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) Extension of Authority.--Public Law 107-57, as amended, is
further amended--
(1) in section 1(b)--
(A) in the heading, by striking ``2004'' and
inserting ``2005''; and
(B) in paragraph (1), by striking ``2004'' and
inserting ``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''.
arab league boycott of israel
Sec. 535. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) the three Arab League countries with diplomatic and
trade relations with Israel should return their ambassadors to
Israel, should refrain from downgrading their relations with
Israel, and should play a constructive role in securing a
peaceful resolution of the Israeli-Arab conflict;
(4) the remaining Arab League states should normalize
relations with their neighbor Israel;
(5) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of Israel
and find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(6) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
eligibility for assistance
Sec. 536. (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. 537. (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. 538. 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. 539. 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. 540. 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. 541. 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. 542. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government for
purposes of section 6(j) of the Export Administration Act. The
prohibition under this section with respect to a foreign government
shall terminate 12 months after that government ceases to provide such
military equipment. This section applies with respect to lethal
military equipment provided under a contract entered into after October
1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of
the United States.
(c) Whenever the waiver authority of subsection (b) is exercised,
the President shall submit to the appropriate congressional committees
a report with respect to the furnishing of such assistance. Any such
report shall include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States national
interests.
withholding of assistance for parking fines owed by foreign countries
Sec. 543. (a) Subject to subsection (c), of the funds appropriated
by this Act that are made available for assistance for a foreign
country, an amount equal to 110 percent of the total amount of the
unpaid fully adjudicated parking fines and penalties owed by such
country shall be withheld from obligation for such country until the
Secretary of State submits a certification to the appropriate
congressional committees stating that such parking fines and penalties
are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a) may
be made available for other programs or activities funded by this Act,
after consultation with and subject to the regulation notification
procedures of the appropriate congressional committees, provided that
no such funds shall be made available for assistance to the central
government of a foreign country that has not paid the total amount of
the fully adjudicated parking fines and penalties owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d) The Secretary of State may waive the requirements set forth in
subsection (a) 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.
(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 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.
limitation on assistance for the plo for the west bank and gaza
Sec. 544. 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. 545. 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 $30,000,000 of commodities and services for the United Nations War
Crimes Tribunal established with regard to the former Yugoslavia by the
United Nations Security Council or such other tribunals or commissions
as the Council may establish or authorize to deal with such violations,
without regard to the ceiling limitation contained in paragraph (2)
thereof: Provided, That the determination required under this section
shall be in lieu of any determinations otherwise required under section
552(c): Provided further, That the drawdown made under this section for
any tribunal shall not be construed as an endorsement or precedent for
the establishment of any standing or permanent international criminal
tribunal or court: Provided further, That funds made available for
tribunals other than Yugoslavia, Rwanda, or the Special Court for
Sierra Leone shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
landmines
Sec. 546. 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. 547. 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. 548. 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. 549. The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act (22
U.S.C. 2751 et seq.), for the Coast Guard.
limitation on assistance to the palestinian authority
Sec. 550. (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. 551. 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. 552. 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. 553. Funds appropriated by this Act, except funds appropriated
under the headings ``Trade and Development Agency'', ``Millennium
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. 554. 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.
palestinian statehood
Sec. 555. (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 vital to the national security interests of the
United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or a newly elected governing entity, in order
to help meet the requirements of subsection (a), consistent with the
provisions of section 550 of this Act (``Limitation on Assistance to
the Palestinian Authority'').
colombia
Sec. 556. (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 Armed Forces are dismantling
paramilitary leadership and financial networks by
arresting commanders and financial backers, especially
in regions where these networks have a significant
presence.
(3) The balance of such funds may be obligated after July
31, 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.--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. 557. (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. 558. 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. 559. (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 found to be involved in or advocating terrorist activity.
(c) Audits.--(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-Federal
audits of all contractors and grantees, and significant subcontractors
and subgrantees, under the West Bank and Gaza Program, are conducted at
least on an annual basis to ensure, among other things, compliance with
this section.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for assistance for
the West Bank and Gaza, up to $1,000,000 may be used by the Office of
the Inspector General of the United States Agency for International
Development for audits, inspections, and other activities in
furtherance of the requirements of this subsection. Such funds are in
addition to funds otherwise available for such purposes.
contributions to united nations population fund
Sec. 560. (a) Limitations on Amount of Contribution.--Of the
amounts made available under ``International Organizations and
Programs'', $25,000,000 for fiscal year 2005 shall be available for the
United Nations Population Fund (hereafter in this section referred to
as the ``UNFPA'').
(b) Prohibition on Use of Funds in China.--None of the funds made
available under ``International Organizations and Programs'' may be
made available for the UNFPA for a country program in the People's
Republic of China.
(c) Conditions on Availability of Funds.--Amounts made available
under ``International Organizations and Programs'' for fiscal year 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.
war criminals
Sec. 561. (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. 562. 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. 563. (a) Funds appropriated by this Act may be made available
for assistance for Serbia after March 31, 2005, if the President has
made the determination and certification contained in subsection (c).
(b) After March 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 the Federal Republic of Yugoslavia (or a government of a
successor state) subject to the conditions in subsection (c): Provided,
That section 576 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997, as amended, shall not apply
to the provision of loans and assistance to the Federal Republic of
Yugoslavia (or a successor state) through international financial
institutions.
(c) The determination and certification referred to in subsection
(a) is a determination by the President and a certification to the
Committees on Appropriations that the Government of the Federal
Republic of Yugoslavia (or a government of a successor state) is--
(1) cooperating with the International Criminal Tribunal
for the former Yugoslavia including access for investigators,
the provision of documents, and the surrender and transfer of
indictees or assistance in their apprehension, 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, including the
release of political prisoners from Serbian jails and prisons.
(d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance, assistance to promote democracy in
municipalities, or assistance to nongovernmental organizations to
promote democracy.
community-based police assistance
Sec. 564. (a) Authority.--Funds made available by this Act to carry
out the provisions of chapter 1 of part I and chapter 4 of part II of
the Foreign Assistance Act of 1961, may be used, notwithstanding
section 660 of that Act, to enhance the effectiveness and
accountability of civilian police authority in Jamaica and El Salvador
through training and technical assistance in human rights, the rule of
law, strategic planning, and through assistance to foster civilian
police roles that support democratic governance including assistance
for programs to prevent conflict and foster improved police relations
with the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall
be subject to the regular notification procedures of the Committees on
Appropriations.
special debt relief for the poorest
Sec. 565. (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; or
(2) credits extended or guarantees issued under the Arms
Export Control Act.
(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. 566. (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. 567. Of the funds appropriated by title II of this Act, not
less than $400,000,000 shall be made available for basic education.
reconciliation programs
Sec. 568. Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $12,000,000 should 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.
debt restructuring authority
Sec. 569. 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) 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 amounts made available pursuant to the authority
of this section are 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): Provided
further, That amounts made available pursuant to the authority of this
section shall not be considered ``assistance'' for the purposes of
provisions of law limiting assistance to a country.
trade capacity building
Sec. 570. Of the funds appropriated by this Act, under the headings
``Trade and Development Agency'', ``Development Assistance'',
``Transition Initiatives'', ``Economic Support Fund'', ``International
Affairs Technical Assistance'', and ``International Organizations and
Programs'', not less than $517,000,000 should be made available for
trade capacity building assistance.
excess defense articles for central and south european countries and
certain other countries
Sec. 571. 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 Yugoslavian Republic of Macedonia,
Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova,
Mongolia, Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan,
Ukraine, and Uzbekistan.
cuba
Sec. 572. None of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law Enforcement'' may be
made available for assistance to the Government of Cuba.
office of the inspector general of the coalition provisional authority
Sec. 573. (a) Establishment of New Office.--(1) The Office of the
Inspector General of the Coalition Provisional Authority shall be
reconstituted as a separate office within the Department of State and
redesignated the Office of the Inspector General for Iraq
Reconstruction (hereinafter ``the Office'').
(2) Any reference in title III of Public Law 108-106 to the
``Office of the Inspector of the Coalition Provisional Authority'' or
to the ``Inspector General of the Coalition Provisional Authority''
shall be deemed to be a reference to the Office of the Inspector
General for Iraq Reconstruction or the Inspector General for Iraq
Reconstruction, respectively.
(3) Any reference in title III of Public Law 108-106 to
``appropriated funds'' shall be deemed to be a reference to funds
appropriated in that Act and in Public Law 108-11 under the heading
``Iraq Relief and Reconstruction Fund''.
(b) Inspector General of the Office.--The Inspector General of the
Coalition Provisional Authority (hereinafter ``the Inspector General'')
and Assistant Inspectors General of that office should be reappointed
by the Secretary of State to serve in the same capacity in the Office
established by subsection (a).
(c) Purpose and Authorities.--(1) The Inspector General shall--
(A) conduct independent and objective audits and
investigations relating to the programs and operations funded
with amounts appropriated for the ``Iraq Relief and
Reconstruction Fund'';
(B) make independent and objective recommendations on
policies designed to promote economy, efficiency, and
effectiveness in the administration of such programs and
operations, and to prevent and detect fraud, waste, and abuse
in such programs and operations; and
(C) provide an independent and objective means of keeping
the Secretary of State fully and currently informed about
problems and deficiencies relating to the administration of
such programs and operations and the necessity for and progress
of corrective action.
(2) The Inspector General shall have the duties, responsibilities,
powers, and authorities described in sections 3001 (f), (g), and (h) of
Public Law 108-106.
(d) Relationship to the Secretary of State.--
(1) The Inspector General shall report directly to and be
under the supervision of the Secretary of State.
(2) Any reference in title III of Public Law 108-106 to the
``Coalition Provisional Authority'' or to the ``head of the
Coalition Provisional Authority'' shall be deemed to be a
reference to the Department of State or to the Secretary of
State, respectively.
(e) Coordination With Other Inspectors General.--In carrying out
the duties, responsibilities, and authorities of the Inspector General,
the Inspector General shall coordinate with, and receive the
cooperation of, the Inspector General of the Department of State, the
Inspector General of the Department of Defense, the Inspector General
of the United States Agency for International Development, and any
other Inspector General carrying out functions related to the provision
of reconstruction assistance for Iraq with funds appropriated for
``Iraq Relief and Reconstruction Fund''.
(f) Funding.--Funds available pursuant to section 3001(n) of Public
Law 108-106 shall be transferred to the Office and used for purposes of
this section.
(g) The Office of Inspector General for Iraq Reconstruction shall
terminate on September 30, 2007.
oversight of iraq reconstruction
Sec. 574. (a) Section 2207(a) of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004 (Public Law 108-106), is amended by striking ``The
Director of the Office of Management and Budget, in consultation with
the Administrator of the Coalition Provisional Authority (CPA) and the
Committees on Appropriations,'' and inserting ``The Secretary of
State''.
(b) The allocation of any funds appropriated under the heading
``Iraq Relief and Reconstruction Fund'' in chapter 2 of title II of
Public Law 108-106 for administrative expenses purposes pursuant to the
authority contained in the seventh proviso under that heading, shall be
subject to the regular notification procedures of the Committees on
Appropriations.
indonesia
Sec. 575. Congress notes that the Indonesian Government and Armed
Forces have pledged to cooperate with the Federal Bureau of
Investigation with respect to its investigation into the August 31,
2002, murders of two American citizens and one Indonesian citizen in
Timika, Indonesia. Therefore, funds appropriated under the heading
``International Military Education and Training'' may be made available
for Indonesia if the Secretary of State determines and reports to the
appropriate congressional committees that the Indonesian Government and
Armed Forces are cooperating with the Federal Bureau of Investigation's
investigation: Provided, That this restriction shall not apply to
expanded international military education and training, which may
include English language training.
limitation on attendance at conferences outside the united states
Sec. 576. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 Federal
employees at any single conference occurring outside the United States.
limitation on contracts
Sec. 577. None of the funds made available under this Act may be
used to fund any contract in contravention of section 8(d)(6) of the
Small Business Act (15 U.S.C. 637(d)(6)).
prohibition on use of funds for certain purposes
Sec. 578. None of the funds made available in this Act may be used
by the Government of Turkey in contravention of section 1913 of title
18, United States Code (relating to lobbying with appropriated moneys)
with respect to H. Res. 193, Reaffirming support of the Convention on
the Prevention and Punishment of the Crime of Genocide and anticipating
the 15th anniversary of the enactment of the Genocide Convention
Implementation Act of 1987 (the Proxmire Act) on November 4, 2003.
prohibition on use of funds to request the united nations to assess the
validity of elections in the united states
Sec. 579. None of the funds made available in this Act may be used
by any official of the United States Government to request the United
Nations to assess the validity of elections in the United States.
limitation on provision by export-import bank of credit to entities
reincorporating overseas
Sec. 580. None of the funds made available in this Act may be used
by the Export-Import Bank of the United States to approve an
application for a master guarantee and political risk supplement where
the applicant's charter or articles of incorporation show that the
entity is incorporated or chartered in Bermuda, Barbados, the Cayman
Islands, Antigua, or Panama.
limitation on economic support fund assistance for certain foreign
governments that are parties to the international criminal court
Sec. 581. None of the funds made available in this Act in title II
under the heading ``economic support fund'' may be used to provide
assistance to the government of a country that is a party to the
International Criminal Court and has not entered into an agreement with
the United States pursuant to Article 98 of the Rome Statute preventing
the International Criminal Court from proceeding against United States
personnel present in such country.
prohibition against direct funding for saudi arabia
Sec. 582. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance any assistance to Saudi Arabia.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2005''.
Passed the House of Representatives July 15, 2004.
Attest:
JEFF TRANDAHL,
Clerk.