[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4818 Reported in House (RH)]

                                                 Union Calendar No. 359
108th CONGRESS
  2d Session
                                H. R. 4818

                          [Report No. 108-599]

  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 2005, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2004

Mr. Kolbe, from the Committee on Appropriations, reported the following 
 bill; which was committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 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;
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act; or
            (3) any obligation or portion of such obligation, to pay 
        for purchases of United States agricultural commodities 
        guaranteed by the Commodity Credit Corporation under export 
        credit guarantee programs authorized pursuant to section 5(f) 
        of the Commodity Credit Corporation Charter Act of June 29, 
        1948, as amended, section 4(b) of the Food for Peace Act of 
        1966, as amended (Public Law 89-808), or section 202 of the 
        Agricultural Trade Act of 1978, as amended (Public Law 95-501).
    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief 
        and referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is provided 
        in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy debt 
        burdens that are eligible to borrow from the International 
        Development Association, but not from the International Bank 
        for Reconstruction and Development, commonly referred to as 
        ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international narcotics 
        control matters;
            (4) (including its military or other security forces) does 
        not engage in a consistent pattern of gross violations of 
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to the funds appropriated by this Act 
under the heading ``Debt Restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance for the 
purposes of any provision of law limiting assistance to a country. The 
authority provided by subsection (a) may be exercised notwithstanding 
section 620(r) of the Foreign Assistance Act of 1961 or section 321 of 
the International Development and Food Assistance Act of 1975.

             authority to engage in debt buybacks or sales

    Sec. 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.
    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2005''.
                                                 Union Calendar No. 359

108th CONGRESS

  2d Session

                               H. R. 4818

                          [Report No. 108-599]

_______________________________________________________________________

                                 A BILL

  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 2005, and for 
                            other purposes.

_______________________________________________________________________

                             July 13, 2004

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed