[Congressional Record Volume 150, Number 98 (Thursday, July 15, 2004)]
[House]
[Pages H5826-H5851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOREIGN OPERATIONS, EXPORT FINANCING AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2005
The SPEAKER pro tempore. Pursuant to House Resolution 715 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 4818.
{time} 1333
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 4818) making appropriations for foreign operations,
export financing, and related programs for the fiscal year ending
September 30, 2005, and for other purposes.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose earlier today, a
request for a recorded vote on amendment No. 20 by the gentleman from
California (Mr. Sherman) had been postponed, and the bill was open from
page 6, line 16 to page 12, line 4.
Pursuant to the order of the House of today, the remainder of the
bill is considered as having been read and open for amendment at any
point.
The text of the remainder of H.R. 4818 is as follows:
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
[[Page H5827]]
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
[[Page H5828]]
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
[[Page H5829]]
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
[[Page H5830]]
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).
[[Page H5831]]
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
[[Page H5832]]
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
[[Page H5833]]
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
[[Page H5834]]
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-
[[Page H5835]]
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
[[Page H5836]]
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
[[Page H5837]]
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
[[Page H5838]]
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;
[[Page H5839]]
(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
[[Page H5840]]
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''.
The CHAIRMAN. No further amendment to the bill may be offered except:
Pro forma amendments offered at any point in the reading by the
chairman or ranking minority member of the Committee on Appropriations
or their designees for the purpose of debate;
Amendments 5, 6, 7, 8, 12, 14, and 21;
Amendments 11 and 17, which shall be debatable for 20 minutes;
Amendment 15, which shall be debatable for 30 minutes;
Amendments 9, 13, and 18, which shall be debatable for 40 minutes;
An amendment by Mr. Garrett of New Jersey regarding conference
attendance;
An amendment by Ms. Jackson-Lee of Texas regarding agricultural
development in sub-Saharan Africa;
An amendment by Mr. Sanders regarding Export-Import Bank loans, which
shall be debatable for 40 minutes;
An amendment by Mr. Deal of Georgia regarding extradition, which
shall be debatable for 20 minutes;
An amendment by Mr. Weiner regarding Saudi Arabia, which shall be
debatable for 30 minutes;
An amendment by Mr. Buyer regarding monitoring of elections, which
shall be debatable for 20 minutes;
An amendment by Mr. Otter regarding West Bank/Gaza;
An amendment by Mr. Menendez regarding Latin American child survival
and development assistance;
An amendment by Mr. Schiff regarding Armenian genocide;
An amendment by Ms. Lee regarding global AIDS, which shall be
debatable for 30 minutes;
An amendment by Ms. DeLauro regarding child survival;
An amendment by Ms. Waters regarding contract fraud; and
An amendment by Ms. McCollum regarding unexploded ordnance.
Each such amendment may be offered only by the Member designated in
the request, or a designee, or the Member who caused it to be printed
in the Record, or a designee, shall be considered as read, shall not be
subject to amendment, and shall not be subject to a demand for division
of the question in the House or in the Committee of the Whole.
Except as otherwise specified, each amendment shall be debatable for
10 minutes, equally divided and controlled by the proponent and an
opponent. An amendment shall be considered to fit the description
stated in the request if it addresses in whole or in part the object
described.
Are there any points of order to the portion of the bill which is
open?
Point of Order
Mr. GOODLATTE. Mr. Chairman, I make a point of order against section
565(a)(3) for the reason it violates rule XXI, clause 2, which
prohibits legislative language in a general appropriation bill.
The CHAIRMAN. Does any Member wish to be heard on the point of order?
Mr. KOLBE. Mr. Chairman, I concede the point of order.
The CHAIRMAN. The gentleman from Arizona concedes the point of order,
and the point of order is sustained. This language is thereby stricken
from the bill.
Are there any amendments to this portion of the bill?
Amendment Offered by Ms. Lee
Ms. LEE. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Ms. Lee:
In title II, at the end of the item relating to ``child
survival and health programs fund'', insert the following:
In addition to the amount provided in the preceding
paragraph for a United States contribution to the Global Fund
to Fight AIDS, Tuberculosis and Malaria, $800,000,000 for
such purpose, to remain available until September 30, 2006:
Provided, That such amount is designated as an emergency
requirement
[[Page H5841]]
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).
Mr. KOLBE. Mr. Chairman, I reserve a point of order.
The CHAIRMAN. A point of order is reserved on the amendment.
Pursuant to the order of the House of today, the gentlewoman from
California (Ms. Lee) and a Member opposed each will control 15 minutes.
The Chair recognizes the gentlewoman from California (Ms. Lee).
Ms. LEE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me just say that today I rise, having just returned
yesterday afternoon, from the 15th International AIDS Conference in
Bangkok, Thailand, as the only Member of this body in attendance. This
was the third International AIDS Conference which I have had the
privilege to participate in: several years ago, Durban, South Africa;
following that Barcelona, Spain; and now Bangkok, Thailand.
My experiences at these conferences, especially very recently in
Bangkok, confirmed the vital need for this amendment, which designates
$800 million in emergency funding for the Global Fund to fight AIDS,
tuberculosis, and malaria. Together with the $400 million which the
base bill provides for the fund, my amendment would increase the total
United States contribution to the fund to $1.2 billion this coming
fiscal year.
Based on its projection of need, the fund estimates that it will
require approximately $3.6 billion in fiscal year 2005. By bringing the
total United States contribution to the fund to $1.2 billion, this
amendment would provide one-third of that figure as laid out in the
Global AIDS legislation. The funding will help treat an additional 2
million people for tuberculosis and an additional half million people
for AIDS.
Having spent this week, well, the last few days, actually, among the
international leaders on the global pandemic, and also with people
living with the virus, I can tell my colleagues that the international
community is quite disappointed, to put it mildly, about the United
States' failure to deliver on promised funding to date; and this
amendment would help restore what many see as really the lack of United
States leadership and credibility on the HIV/AIDS pandemic.
This point was reinforced by Secretary of Health Tommy Thompson's
decision to allow a delegation of only approximately 50 people to
attend the World AIDS conference this year, down by 236 the year before
in Barcelona. It is shameful, I believe, that this administration has
prevented many of our best and our brightest scientists at the Centers
for Disease Control and the National Institutes of Health from gaining
new insights from their colleagues in the international community and
from sharing the research they have conducted on this pandemic with
their colleagues in the global community.
It is tragic that this administration's unilateralist and ideological
tendencies have now spread, unfortunately, to the fight on HIV and
AIDS. It is morally wrong to allow right-wing ideology to trump science
when it comes to the administration's HIV/AIDS prevention policies.
Their policies set aside 33 percent of all funding for abstinence only.
That denies access to lifesaving technology, including condoms. Simply
put, this is irresponsible, unethical, and inhumane. Emphasis should be
science based, not ideological.
It is unethical, I believe, that the antiretroviral treatment
policies are focused more on protecting patents and big pharmaceutical
companies than on the urgent need to get fixed-dose combination into
the hands of those who need them. Emphasis really should be put on
saving lives.
And I think it is pretty disingenuous that the administration has
proposed cutting our support for the Global Fund, given all these
enormous problems that we have, to a measly contribution of about $200
million, rather than the $1.2 billion, which is desperately needed.
I must thank the gentleman from Arizona (Mr. Kolbe) and our ranking
member, the gentlewoman from New York (Mrs. Lowey), for their
unwavering commitment to helping to increase this funding and actually
doubling the funding for this Global Fund twice as much as what the
initial bill provided for. But, Mr. Chairman, I think we must go
further in providing the resources.
We have a battle before us to get this devastating and deadly
pandemic under control. And why the fund? This fund is the best way to
get the money out into the hands of the NGOs immediately. It is a
multilateral approach. For example, $1 billion could leverage up to $9
billion to $10 billion from the private sector, from additional donor
countries, and from foundations. We are the wealthiest country in the
world. We should be leading the charge. This Global Fund is the best
vehicle to show that type of cooperation to provide for the quick
release of this money.
I met with too many people, Mr. Chairman, who are living and dying
with this disease. For example, I participated in one meeting with
women leaders. There were maybe 50 to 75 women in the room. Over half
of them were living with the virus. One woman happened to share a story
with us, and she indicated that she had recently gotten married. She
did not know that her husband was HIV infected. Four months later,
after her marriage, lo and behold she has the virus.
I could go on and on with stories about orphans and vulnerable
children; stories about women who cannot negotiate abstention; stories
about women who are subjected to violence; stories about women and
children that need help in terms of antiretroviral treatment. The
quickest way for us to address this pandemic is to get the money out,
and to get it out quickly.
The fund is headed by Secretary Tommy Thompson. It is directed by Dr.
Feachem, based in Geneva, Switzerland. They know what they are doing in
terms of establishing the criteria, and they know how to get the money
out quickly. I would say the bureaucracy is not as stringent as it is
through the bilateral programs. So, quite naturally, the money can get
to where the people are more quickly and in a way that is more
effective.
So I would just ask for consideration of this very modest amendment.
It is only $800 million more, and it will save millions and millions of
lives.
Mr. Chairman, I reserve the balance of my time.
{time} 1345
Mr. KOLBE. Mr. Chairman, I am prepared to make my point of order
unless the gentlewoman wishes to speak further.
Ms. LEE. Mr. Chairman, I yield 5 minutes to the gentlewoman from New
York (Mrs. Lowey), ranking member on the Subcommittee on Foreign
Operations, Export Financing and Related Programs. I want to
acknowledge her very stellar work and her commitment to addressing this
pandemic in a very real way.
Mrs. LOWEY. Mr. Chairman, I want to thank the gentlewoman from
California for her important leadership on this issue. I know that she
recently returned from the HIV/AIDS conference in Bangkok. I know that
in this very busy place we never have adequate time to really listen
and learn, but she has truly been a leader, and I hope that we all have
the opportunity to share her experiences with her. I thank her.
Mr. Chairman, while the bill before us already contains $2.2 billion
for HIV/AIDS programs, which is the requested level, it only contains
$400 million for the Global Fund to Fight AIDS, TB and Malaria. The
Global Fund has made clear to us that a $400 million U.S. contribution
for fiscal year 2005 will endanger completion of multiyear grant
agreements it has already signed and will totally shut down the Fund's
ability to make new grants. The Fund has appealed to us for a total
U.S. contribution of $1.2 billion this year, which is its estimate of
the funds needed to meet anticipated demands for the next round of
grant awards.
I want to point out that the committee has not been totally satisfied
with the management performance of the Fund, and there are a number of
reforms mandated in the bill to improve its performance. But, despite
these concerns, the demand for increased funds for meeting the needs
for HIV treatment, prevention, and awareness are vast and growing. One
need only cite the daunting statistics of the most recent U.N. reports
on the spread of HIV to understand the need for more funds. Based on
this alone, I would support the gentlewoman's amendment.
I do, however, have another compelling reason to support the
amendment,
[[Page H5842]]
and that is because I am convinced that the Global Fund is doing a
better job at scaling up HIV treatment programs than our bilateral
program currently is. As many of the Members know, the administration
recently announced that the Food and Drug Administration would
institute new policies that would dramatically speed up the process of
approving generic drugs for HIV treatment. Unfortunately, this
announcement was completely misleading.
As documented in a recent letter to HHS Secretary Thompson from our
colleague from California (Mr. Waxman), ranking member on the House
Committee on Government Reform, the administration's announcement in
May that the FDA would be able to review these drugs in ``2 to 6
weeks'' raised the expectation of their imminent purchase and
distribution. After close review, however, of FDA plans, it becomes
clear that the expedited review starts only after companies have
submitted a complete application to FDA. In order to have a complete
application, these companies may have to repeat clinical studies,
undergo a raw materials review, and submit to detailed inspections. The
bottom line is that this presubmission process could add months, if not
years, to the approval process.
The Bush administration has made treatment of those living with HIV
its highest priority, stating that 200,000 people will be in treatment
within 1 year and 2 million by 2007. As the cost for generic ``one pill
combinations'' continues to decline to less than $150 per year, the
United States is still purchasing brand-name drugs at four to five
times that price. Without a viable regime in place to certify safe and
effective generic drugs to treat HIV, our ability to meet the goals set
out by the President will diminish. WHO has standards in place and in
use today, but they are not currently recognized by the United States.
I believe that either the administration should implement a realistic
plan for rapid approval of safe and effective combination therapies by
expediting the FDA approval process, or we should participate in the
WHO approval process.
I do not believe Congress should have to get involved in this issue.
It is best left to medical experts to determine what is safe and
effective in treating HIV. However, I also believe that the President
should not mislead Congress and the American people. We should not
continue indefinitely to purchase expensive brand-name drugs with no
clear plan in place by the FDA to expedite its review of cheaper
generics. Unfortunately, that is where we find ourselves today.
I intend, along with Chairman Kolbe, to follow up with Global AIDS
Coordinator Tobias and Secretary Thompson. In the meantime, providing
more funds to the Global Fund will speed progress toward reaching the
treatment and prevention goals we all share.
I urge support of this amendment.
Ms. LEE. Mr. Chairman, I yield the balance of my time to the
gentleman from Washington (Mr. McDermott) who has been sounding the
alarm about this pandemic for many, many years. I thank him for his
leadership.
The CHAIRMAN. The gentleman from Washington is recognized for 3
minutes.
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Chairman, I rise in support of the Lee amendment,
and I want to talk about what this issue really means. The issue of
whether or not we give the money for AIDS to the Global Fund or to the
President's Millennium Account is a big decision. The Millennium
Account is limited to 15 countries. The Global Fund deals the world
over, including China, India and Russia, where the rates are going up
at the fastest rates in the world.
So the question, first of all, is, do we want to reach the whole
world or do we not? The President actually, unfortunately, I think,
says good things but then in his allocations moves backward. He says he
wants to reach the whole world but reduces the amount we are giving to
the Global Fund.
Mr. Chairman, I include for printing in the Congressional Record two
articles, one on the 14th of July and one on the 15th of July, because
these issues talk about a second problem. It is really related to this
country's policies of using only brand-name drugs and making it
difficult to use generics. The first thing is, they say, ``Well,
they're not safe.'' One of these articles is about the Doctors Without
Borders experiments. They have dealt with 12,000 patients worldwide.
The multiple drug dose generic works. There is no question about it. So
all this business about running all the drugs through the FDA to see if
they work is simply a stall. There is no question about what they are
doing.
Why is the stall there? If one company owns one drug and another
company owns another drug, you can put them together in a pill and give
the patient one pill, and it is a lot easier to monitor when a patient
is taking one pill that has two or three components in it. But the
problem of the patents get in the way of Pfizer and Merck getting
together, or Ayerst or whatever company it is, they cannot work out how
they can put their two drugs together in one. Who gets the money? Or
what is the price?
The generics that the Indians and the Brazilians are making are much
less expensive. We could get much more bang for our buck if we would
use generics, because we would not only be getting less costly drugs
but we would be able to get it down to single pills. If you care about
this, you want to give the money to the Global Fund because they can
use generics. They do not have to run it through the complicated
process of the United States.
[From the New York Times, July 15, 2004]
Fixed-Dose Mixtures of Generic AIDS Drugs Prove Effective
(By Lawrence K. Altman)
Bangkok, July 14.--The first large-scale study of AIDS
patients receiving fixed-dose combinations of generic
antiretroviral drugs in poor countries documented their
effectiveness, scientists reported at the 15th International
AIDS Conference here on Wednesday.
The combinations consist of three antiretroviral drugs
formulated into one pill that is taken twice a day. The aim
is to simplify therapy because experience has shown that the
fewer the pills a patient needs to take, the better the
compliance.
Doctors Without Borders, the group that carried out the
study in 21 countries, bought the pills from two
manufacturers in India, Cipla and Ranbaxy Laboratories Ltd.
Fixed-dose generic drug combinations have been
controversial. Critics contend that they may be less
effective than patented versions and not as safe.
This study expands on a much smaller study with similar
results published in the Lancet early this month.
The findings from Doctors Without Borders should assure
patients, donors, health workers, governments and others,
said Dr. Alexandra Calmy, an AIDS adviser to Doctors Without
Borders in Geneva.
When Doctors Without Borders began prescribing the fixed-
dose combinations in 2002, ``we were convinced they would
work or we would not have done it,'' said Dr. Calmy, who
specializes in infectious diseases. ``It was common sense.''
But to make certain, her group undertook the study reported
Wednesday.
``We found a very robust outcome, and the findings are
important for the Global Fund and other groups that are
recommending'' use of generic fixed dose combinations of
antiretroviral drugs, Dr. Calmy said in an interview.
The combination that Doctors Without Borders uses for
first-line therapy is the same one recommended by the World
Health Organization, drugs known as stavudine, lamivudine,
3TC and nevirapine.
Of the 12,058 adults that Doctors Without Borders has
treated with antiretroviral drugs in 21 countries in Africa,
Central America and Asia since 2002, 6,861 received fixed-
dose combinations. Since March, 80 percent of the group's new
AIDS patients have received fixed-dose combinations.
Among the fixed-dose combination recipients, the
probability of survival after one year was calculated as 82.4
percent, Dr. Calmy reported. About 60 percent of the
deaths occurred in the first three months of therapy. The
deaths occurred largely among patients who were so ill
that they began the antiretroviral therapy too late to
protect them from the infections that often kill patients
as a complication of AIDS.
Among the 6,861 fixed-dose combination recipients, there
was a significant increase in the number of immune cells,
known as CD-4 cells, that are destroyed by H.I.V., the virus
that causes AIDS. The CD-4 count rose by an average of 137
cells in a year, in about half the patients.
Because of logistical difficulties in treating patients in
slums and rural areas in countries like Malawi with poor
roads and transportation, Doctors Without Borders does not
routinely monitor each patient with the tests that measure
the amount of virus in the blood. Doctors in developed
countries
[[Page H5843]]
routinely use such tests, known as viral loads, to determine
the effectiveness of therapy.
However, a viral load test in a subset of patients showed
that fixed-dose combinations failed in 12 percent of the 477
tested, which is comparable to findings in developed
countries, Dr. Calmy said.
Among the 6,861 patients who had been on treatment for one
year or longer, 51 had to switch to other drugs because they
had suffered side effects to one or more of the drugs in the
fixed-dose combination. For those who had taken a new
regimen, the number of pills was 13 or more a day.
Nevirapine was the most common cause of the unwanted
effects. Of the 51 who suffered reactions such as rashes and
liver damage, 23 changed to other regimens. An additional
nine patients switched to other drugs because they suffered
nerve damage and disfiguring accumulations of fat on the
neck, back and abdomen.
The frequency of adverse reactions was comparable to that
observed among recipients of patented drugs in developed
countries, Dr. Calmy said.
In a separate part of the study conducted in Malawi, Dr.
Arno Jeannin's Doctors Without Borders team randomly tested
the amount of H.I.V. in the blood of 477 patients who had
received fixed-dose combinations there for six months or
longer. Of these, H.I.V. could not be detected in 85 percent,
showing the overall effectiveness of the fixed-dose
combinations.
The annual cost of the fixed-dose combinations was $389 or
less.
____
[From the New York Times, July 14, 2004]
Early Tests for U.S. in Its Global Fight on AIDS
(By Deborah Sontag)
The Bush administration did not consult with Mozambique
last year before designating the country as a beneficiary of
its emergency AIDS plan. Mozambique was simply informed that
it would be one of 12 African nations, and 15 countries
overall, awarded substantial financial assistance.
The pledge of big money was certainly welcome, said
Francisco, Songane, the Mozambican health minister; AIDS has
lowered life expectancy in Mozambique to 38. But the
approach, perceived by many Mozambicans as arrogant and
neocolonial, was not.
Mozambique, in southeastern Africa, had spent considerable
time developing a national strategy to combat its high rate
of H.I.V. infection. Other international donors had agreed to
pool their contributions and let the Mozambicans control
their own health programs. Thus, Mozambican officials
recoiled when the Americans said earlier this year, ``We want
to move quickly, and we know that your government doesn't
have the capacity,'' Mr. Songane said.
The Bush administration wanted the bulk of its funding to
go toward more costly brand-name antiretroviral drugs for
treatment programs run by nongovernmental organizations. But
Mozambique had already decided to treat its people with 3-in-
1 generic pills, which were cheaper and simpler to take.
Also, Mozambique did not want an American program dependent
on costly foreign consultants, N.G.O.'s and the largesse of
foreign political leaders, that would run parallel to its
own.
There were confrontational meetings in Washington and in
Maputo, the capital of Mozambique. And in the end, to the
surprise of many, the Bush administration agreed to give
Mozambique the kind of help it really wanted, by
strengthening its laboratories, blood-transfusion centers and
the Health Ministry itself--albeit indirectly, through a
grant to Columbia University.
``What I witnessed in Mozambique was a disaster averted,''
said Dr. Steven Gloyd, an international health specialist at
the University of Washington who works with Mozambique. ``So,
for countries like Mozambique, this may turn out to be a
positive intervention, even though it could be a lot more.''
Seventeen months after President Bush announced his five-
year, $15 billion emergency AIDS initiative, the program is
belatedly getting under way, and surprising some critics of
what is seen as its go-it-alone approach. In some cases, the
plan is proving to be more adaptive and collaborative than
had been expected, especially when countries are strong
enough to stand their ground.
The plan is already directing considerable money into
health clinics, laboratories, testing centers and hospices,
AIDS treatment, prevention of H.I.V. and care of orphans.
For every Mozambique, however, where Washington has altered
its plans to meet local objections, there is a Zambia, where
local officials are in the dark. The Zambian health minister,
Brian Chituwo, said his government did not have a formal
meeting on the program with the American ambassador until
May, 15 months after Zambia's role was announced. Further, he
said, on everything but blood-transfusion services, which
were negotiated, the Americans' plans for Zambia have ``all
come from Washington.'' The American plan, one senior United
Nations official said, ``has created turbulence wherever it
has gone.'' But another, Michel Sidibe, praised the Americans
for making a ``major shift'' in May by signing ``a
declaration of harmonization'' in which they pledged to
coordinate their anti-AIDS activities with other donors.
The president's program, a centerpiece of his compassionate
conservativism, has been a prime topic of conversation at the
International AIDS Conference in Bangkok--and a magnet for
some protests. On Tuesday, President Jacques Chirac of France
accused the United States of blackmailing developing
countries into bartering their right to produce generic
H.I.V. drugs for free-trade agreements. American officials
dismissed the charge as groundless.
After decades when the pandemic in Africa spread unchecked,
billions in anti-AIDS money is suddenly pledged to assist the
continent, and questions about how to channel that outpouring
have taken center stage. The administration's AIDS effort is
under sharp scrutiny because it is so big, so unabashedly
Washington--dominated and tinged by the administration's
political ideology.
Many critics see big pharmaceutical companies behind the
Bush administration's preference for costlier brand-name
drugs, conservative Christians behind its heavy promotion of
abstinence, and hard-line unilateralists behind its decision
to bypass the Global Fund to Fight AIDS, Tuberculosis and
Malaria in creating its own plan.
Randall L. Tobias, a former chief executive of the Eli
Lilly & Company drug group and a Republican donor who became
the administration's global AIDS coordinator last October,
lamented the politicized environment and suggested that
critics refocus their antagonism. ``The enemy here ought to
be apathy, denial and stigma,'' he said. ``I don't know why
people spend so much time fighting each other.''
Still, the administration's refusal thus far to use its
money to buy generics is complicating the roll-out of its own
emergency plan. Like the Mozambicans, other African officials
have resisted the distribution of brand name drugs as first-
line therapy. As a result, in a half a dozen or more of the
focus countries, the governments themselves or other donors
are picking up most of the cost of life-saving drugs.
The goal set by President Bush in January 2003 was to treat
two million people in five years. Under the plan, an
estimated 6,000 to 10,000 people have started on
antiretroviral drugs so far, according to a Congressional
appropriations expert. The global AIDS office could not give
a figure. In the slums of Lusaka, Zambia, American money was
put to use quickly this spring renovating four clinics and
training workers to distribute drugs. American doctors worked
in concert with a local health official to salvage a
stockpile of government AIDS drugs that were about to expire.
In late April, they started handing out drugs that ward off
death for some very ill people, and within two months, they
had 700 patients on antiretroviral therapy.
``There was a patient whose family had sadly sent her off
to a hospice'' to die, said Jeffrey Stringer, a doctor from
the University of Alabama who is running the program.
Recently, a health worker escorted the patient back home.''
And there was a woman who couldn't crawl who has now gained
weight and is walking around.''
Dr. Stringer, who is working in collaboration with the
Elizabeth Glaser Pediatric AIDS Foundation in Los Angeles,
noted that he had not voted for President Bush. But he had to
admit, he said, ``They ponied up.''
Other American experts are more skeptical.
``Sure, off the bat, you can put 5,000'' on antiretroviral
drugs, said Josh Ruxin, an assistant clinical professor of
public health at Columbia and a consultant to Rwanda and
Nigeria. ``They're easy to ID, they're terribly sick, they
need drugs now, they live in cities, they have cell phones.
So that's the low-hanging fruit. But then what happens? You
quickly reach a point where you can't treat more people
unless you develop the national health systems, and that is
not something I've heard the American government commit to in
a big way.''
For Bush, a `Work of Mercy'
Mr. Bush presented the President's Emergency Fund for AIDS
Relief in his 2003 State of the Union address, which also
began the countdown to the war in Iraq. He called it a ``work
of mercy,'' offering the soft power of American
humanitarianism to counterbalance the imminent use of
military force.
``As our nation moves troops and builds alliances to make
our world safer, we must also remember our calling as a
blessed country to make this world better,'' he said.
Mr. Bush declared a five-year goal of getting 2 million
into treatment, preventing 7 million infections and providing
care to 10 million infected people and AIDS orphans in what
he called the most afflicted countries in Africa and the
Caribbean.
The 14 focus countries named were: Botswana, Ethiopia,
Guyana, Haiti, Ivory Coast, Kenya, Mozambique, Namibia,
Nigeria, Rwanda, South Africa, Tanzania, Uganda and Zambia.
Vietnam was added last month at Congress's insistence that
there be another nation from a different region.
The sheer ambition of the proposal stunned advocates for
huge increases in global AIDS funding into applause. Jeffrey
Sachs, the Columbia University economist, called the
president's commitment ``historic'' and a ``breakthrough.''
But at a time when American power was being imposed and
questioned in the military arena, the AIDS plan struck some
as another kind of unilateralism. They feared that Mr. Bush's
program would undermine the multilateral Global Fund, which
assists eight times as many countries, including
[[Page H5844]]
India, China and Russia, whose infection rates are rising
rapidly. And these experts thought it was retrogressive in
its reliance on American universities, faith-based
organizations and nongovernmental organizations, whose
ability to pay higher salaries could drain workers from local
public health systems that should be reinforced instead.
Dr. Paul Zeitz, executive director of the Global AIDS
Alliance, said advocates were baffled. ``We thought the
international community had come to a consensus that there
needed to be a new way of doing business where we all worked
together and helped strengthen national capacities,'' he
said.
When he took office, Mr. Bush had inherited a kind of
global momentum toward an international AIDS fund, and a
drumbeat for action was building at home, too. Senators Bill
Frist and John Kerry formed a bipartisan team to fight for
greater American involvement. The Rev. Franklin Graham, who
delivered the invocation at Mr. Bush's inauguration, was
catalyzing the evangelical community to get over its aversion
to the disease and confront it as part of its mission.
The push for an international fund was led by, among
others, Mr. Sachs and Secretary General Kofi Annan at the
United Nations. But the Bush administration was a major force
in shaping the Global Fund as an independent, multilateral,
public-private partnership, and not a World Bank or United
Nations program.
The Global Fund's approach was conceived as a reaction
against years of inefficient and often ineffective foreign
development programs. The idea was to funnel aid from
multiple donors to the affected countries and let them run
their own health programs, thereby eliminating waste,
duplication and burdensome demands on patients.
Yet it took a couple of years for the Global Fund, which is
based in Geneva, to persuade countries to develop plans that
could be financed, and to get the money flowing from
government coffers into health care. The Bush administration
was impatient, and concerned that other countries were not
contributing their share. The Global Fund did not seem the
ideal repository for the billions it wanted to pour into the
pandemic.
After the 2003 State of the Union address, Richard Feacham,
executive director of the Global Fund, said: ``There was to
some degree a mood in Washington of dichotomy'' between the
president's plan and the Global Fund. ``People felt the need
to make a choice and see a rivalry. We worked extremely hard
to convey the message that the world needs both. You can't
stop the pandemic in 15 countries. The Global Fund is in 130.
We also focus on TB and malaria, the greatest killer of
African children.''
Right after the State of the Union address, Tommy G.
Thompson, the secretary of health and human services, became
the new chairman of the Global Fund, which made some European
donors fear an American takeover. But Mr. Bush has instead
moved to pull back. In his budget request for 2004, he sought
to reduce America's contribution. And in his 2005 request, he
is asking for a 60 percent cut in the contribution.
Congress, however, refused the Global Fund's allocation for
2004, instead nearly tripling the administration's request.
It also increased the global financing to $2.4 billion, of
which $1.9 billion goes for H.I.V./AIDS (and the rest for
tuberculosis and malaria). Several members of Congress
complained that $2.4 billion was not a lot of money for a
global health emergency, especially compared with more than
$100 billion spent on military operations in Iraq.
The global AIDS coordinator's office, in fact, had only
$488 million in new money this year. It also used old money
in new ways, though, By the end of the 2004 budget year, it
will have committed--but not yet spent--$865 million, one-
fifth of which is committed to faith-based groups. Some $253
million will go toward treatment programs, but the drug issue
has made spending that money more difficult than expected.
Generic Drugs vs. Brand Names
``We are using generics here because they are cheaper,''
Mr. Songane of Mozambique said. ``And apart from being
cheaper, they are prepared in a manner which is simple for
our patients, and even simpler for our staff.''
Like Mozambique, many countries prefer generics because
they can be used to treat more people and because, given
patent problems, only generics now come in fixed-dose
combinations, which combine three drugs in one tablet,
improving adherence to pill-taking schedules.
Foreign-made 3-in-1 pills have been approved by the World
Health Organization and purchased in bulk by the Global Fund
and many developing countries. But the Bush administration is
insisting on brand-name antiretroviral drugs because the
generics have not been reviewed by the Food and Drug
Administration. The F.D.A., Mr. Tobias said, is the most
stringent regulatory authority in the world and should
make the determination whether drugs for an American
overseas program are safe and effective, and of the
highest quality.
Mr. Tobias noted that the World Health Organization
recently withdrew two generic antiretroviral drugs made by
Cipla of India from its list of approved treatments. (Its
fixed dose tablets remain on the list.) This, he suggested,
cast doubt on the W.H.O.'s screening procedures.
Cipla has said that the problem lay not with the product
but with a contract research laboratory that it no longer
uses. Tests are being repeated in different labs, and the
company says it is confident that the drugs will be back on
the approved list soon.
Further, earlier this month, researchers who studied
Cipla's Triomune reported in the Lancet medical journal, that
fixed-dose generic AIDS drugs work as well as brand-name
drugs, according to the first clinical trial. Triomune costs
as little as $140 a year per patient, compared with about
$562 for the brand-name versions in the 3-in-1 pill.
In early spring, the Americans discovered that resistance
to their rule on brand-name drugs was coming even from the
American organizations who were getting multicountry,
multiyear grants to set up treatment programs. The American
organizations, which are expected to receive more than $600
million over five years, are the Harvard School of Public
Health; the Glaser foundation; the Joseph L. Mailman School
of Public Health at Columbia University; and a faith-based
consortium led by Catholic Relief Services.
Some expressed their preferences for generics outright.
Barry R. Bloom, the dean of public health at Harvard, said,
``The Indian pills are terrific--you take just two a day.''
Allan Rosenfield, dean at Mailman, issued a statement urging
the Bush administration to allow American money to purchase
generics.
At an American-initiated conference in Botswana in late
March, Jacqueline Patterson, who manages the program for a
Protestant medical association that is part of the Catholic
Relief Services' consortium, declared that most mission
hospitals and clinics in Africa and the Caribbean were
already using fixed-dose combinations and wanted to continue.
She read comments from the field that voiced a collective
anxiety about the imposition of brand-name drugs, resulting
in fewer people in treatment and more skipping doses and
sharing pills.
With countries like Mozambique, Namibia and Rwanda holding
fast to their positions that generics would be their first-
line drugs, American officials realized that their assistance
in those places would be limited. They would be able to
provide medicine for children, for whom only brand-name drugs
are available, and for those adults, say, who had developed a
resistance to the generics. But essentially, they would be
providing technical support for the drug treatment program
rather than the drugs themselves.
In May, the Bush administration announced that it would set
up a new expedited review for generic antiretrovirals,
including the 3-in-1 pills. If approved, the drugs would be
eligible for use in the AIDS plan, it said.
An executive at an American foundation engaged in global
AIDS work said it remained to be seen whether ``the F.D.A.
process is real, a stalling tactic, or ultimately a tool for
the R-and-D companies.'' But, he said, his foundation was
encouraging foreign drug companies to submit dossiers to the
agency.
So far, no foreign drug companies have applied for the
expedited review. William F. Haddad, an American
representative for Cipla, said the Indian company was left
with unanswered questions about the accelerated approval
process. ``When they come back to us with answers, Cipla will
make up its mind about whether to apply,'' he said. ``But the
bottom line is that this is a political act, not a scientific
one. Why is the World Health Organization's stamp of approval
O.K. for the World Bank and the Global Fund and not for the
U.S.?''
Abstinence vs. Condoms
With its focus on treatment, Mr. Bush's plan is profoundly
changing a two-decades-long emphasis on H.I.V. prevention as
the American strategy abroad. The prevention efforts are
continuing but, on Congress's mandate, they are being given a
new emphasis on abstinence, with $86 million devoted this
year to promoting abstinence.
World Relief International, the humanitarian arm of the
National Association of Evangelicals, is to receive $9.6
million over five years to promote abstinence. Deborah
Dortzbach, international director for its H.I.V./AIDS
programs, said World Relief would use a network of churches,
schools and ``Choose Life'' clubs in Haiti, Kenya, Rwanda and
Mozambique.
``We teach abstinence as an opportunity,'' she said, ``as a
way to delay the gift of sexuality and its pleasures until
they can experience it with responsibility.''
A guide for World Relief instructors includes a detailed
chapter on condom use and how to negotiate the use of a
condom with a reluctant partner. Ms. Dortzbach acknowledged,
however, that many pastors were reluctant to discuss condoms
at all with youths and needed some persuasion to mention them
during marriage counseling.
Any discussion of condoms, Ms. Dortzbach said, emphasized
that condoms were not perfectly safe and that ``the only
guarantee for protection is abstinence,'' which is the Bush
administration's message.
That message is predicated on the success of the A B C
model in Uganda, which stands for Abstain, Be Faithful,
Condomize. Critics say, however, that the Americans are
paying too little attention to ``C.''
The American government is probably buying more condoms now
than at any time in its history, Mr. Tobias said, but
Congress did not want a broad distribution of condoms to be
the primary prevention tool, as it has been historically. In
Africa, too, some experts question the efficacy of condoms,
given
[[Page H5845]]
that infection rates continue to climb as many men refuse to
use them.
The Bush administration's strategy does suggest condoms for
``high risk'' individuals like prostitutes, soldiers, drug
users and ``serodiscordant'' couples. But critics say
everybody in a sub-Saharan country with a sky-high infection
rate is high risk.
``In their approach, they ignore the basic reality that a
large share of unmarried adolescents are already sexually
active and so at high risk,'' said Jodi L. Jacobson,
executive director of the Center for Health and Gender Equity
in Maryland. ``They also ignore the fact that marriage
doesn't protect married teens and women from H.I.V., and that
sexual violence and coercion are facts of life.''
The Longer Term
In Maputo, health officials said that they were struck by
the Americans' obsession with numeric goals.
``To see an increase in numbers of people on
antiretrovirals, that was their only concern,'' said Mr.
Songane, the health minister. ``But this is a complex
disease. We can not judge the success of our fight just by
the numbers of people on treatment.''
The Mozambicans wanted to move gradually and to strengthen
their health sector at the same time. They did not want to
neglect other health issues, like malaria, childhood diseases
and maternal health. They did not want to use nongovernmental
organizations where the Americans would pay the salaries, buy
the drugs and purchase the vehicles that would travel to the
villages to distribute the drugs.
``In one year, two years' time, who is going to follow
those people?'' he asked. ``When the N.G.O. is gone, who is
going to take over?''
Dr. Paul Farmer, an American renowned for his treatment
programs in rural Haiti, said international projects
intending to help poor countries should pay heed, as
Mozambique does, to the need to integrate AIDS treatment with
overall health care.
``When you're in a clinic in rural Haiti and someone comes
in with a broken arm or in obstructed labor, you can't say,
`Sorry, we only do AIDS prevention and care,' '' said Dr.
Farmer, a Harvard professor. ``The massive loss of life due
to H.I.V. disease is only one symptom of a very sick world in
which hundreds of millions are going without any modern
medical care at all. Addressing AIDS properly offers a chance
to set some of this right.''
Mr. KOLBE. Mr. Chairman, I rise in opposition to the amendment; and I
yield myself such time as I may consume.
Mr. Chairman, I count myself among the Fund's strongest supporters.
Last year, I worked with my colleagues on both sides of the aisle to
increase the U.S. contributions to the Fund from the President's
request of $200 million to $550 million.
Not including funds in the bill under discussion, the United States
has made available nearly $1.2 billion of the Fund's $3.4 billion in
pledges and contributions through 2004.
However, this is a global disease, and we must have the commitment of
many partners to fight it. That's why Congress requires that other
donors match the U.S. funds, at a 2:1 ratio. Unfortunately, other
countries have not contributed enough this year for the entire U.S.
contribution to be released--we have nearly $190 million waiting for
other donors to step up to the plate. The Committee took this fact into
account in making its recommendation.
I must note that it is more than unfortunate that some in the AIDS
community continue to scold the United States for not giving more to
the Global Fund. Their time would be better spent encouraging other
donors to contribute and to improving the Fund's operations.
Of the more than $3 billion that the Fund has approved in grants,
only $428 million has even made it out of the Global Fund's account.
That means nearly $2.6 billion in committed funding is simply sitting
in the Global Fund's account.
The Committee has recommended provisions in this year's bill to help
the Fund improve its disbursements. I can only ask that others begin to
take a hard look at the Fund's operations, rather than blindly call for
more money, more money. We need the Fund around for the long-term, and
improving its operations is the only way to maintain public confidence
in it.
If other countries step up to the plate, and provide sufficient
contributions to allow more from the U.S. than Congress appropriates,
and if the Fund improves its operations, then we will take these
developments into account for future years.
Ms. WATERS. Mr. Chairman, I rise to support the Lee amendment to add
$800 million to the Global Fund to Fight AIDS, Tuberculosis and
Malaria.
The HIV/AIDS epidemic is having a devastating impact on Africa and
the world. Over 60 million people have been infected by the AIDS virus
since the beginning of the epidemic, and 42 million people are
currently living with this dreadful disease. Approximately three
million people died of AIDS last year, and another five million people
became infected with HIV.
The HIV/AIDS epidemic has already curtailed the economic development
of many countries in Africa. AIDS is responsible for shortages of
skilled workers and teachers, high rates of absenteeism and labor
turnover, and the deaths of workers and managers throughout business
and government. Teachers and other skilled workers can be very
difficult to replace. Tragically, in some parts of Africa, employers
even find it necessary to hire two workers for every job opening,
because they expect one of them to die of AIDS.
On May 1, 2003, the House passed H.R. 1298, ``the Global AIDS Bill,''
which authorizes appropriations of $3 billion per year over five years
for global HIV/AIDS treatment and prevention efforts. This bill, which
is critically needed and long overdue, was signed into law by the
President on May 27 of last year. However, it has never been fully
funded.
According to UNAIDS, HIV/AIDS has spread rapidly in Eastern Europe,
and gained a strong foothold in India and China over the past year.
Fortunately, there has been progress, as infection rates actually fell
last year in a few hard-hit areas of Africa. Without adequate funding,
however, our progress will be short-lived.
I urge my colleagues to support the Lee amendment.
Point of Order
Mr. KOLBE. Mr. Chairman, I make a point of order against the
amendment because it proposes to change existing law and constitutes
legislation on an appropriation bill and, therefore, violates clause 2
of rule XXI.
The rule states, in pertinent part, ``an amendment to a general
appropriation bill shall not be in order if changing existing law.''
The amendment includes an emergency designation under section 251 of
the Balanced Budget and Emergency Deficit Control Act of 1985 and as
such constitutes legislation in violation of clause 2 of rule XXI.
I ask for a ruling from the Chair.
The CHAIRMAN. Does any other Member wish to be heard on the point of
order? If not, the Chair is prepared to rule.
The Chair finds that this amendment includes an emergency
designation. The amendment, therefore, constitutes legislation in
violation of clause 2 of rule XXI. The point of order is sustained and
the amendment is not in order.
Amendment No. 14 Offered by Mr. Lantos
Mr. LANTOS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 14 offered by Mr. Lantos:
Page 18, line 22, after ``$2,450,000,000'', insert the
following: ``(increased by $325,000,000)''.
Page 19, line 3, after ``$535,000,000'', insert the
following: ``(increased by $325,000,000)''.
Page 19, line 8, after ``fiscal years:'', insert the
following: ``Provided further, That of the amounts that are
made available under the previous proviso for Egypt,
$325,000,000 shall not be obligated until after September 1,
2005:''.
Page 42, line 13, after ``$4,777,500,000'', insert the
following: ``(reduced by $325,000,000)''.
Page 42, line 16, after ``$1,300,000,000'', insert the
following: ``(reduced by $325,000,000)''.
Point of Order
Mr. YOUNG of Florida. Mr. Chairman, I rise to make a point of order
against the amendment.
The CHAIRMAN. Does the gentleman from Florida wish to make a point of
order?
Mr. YOUNG of Florida. I do.
Mr. Chairman, I make a point of order against the amendment because
it proposes to change existing law and constitutes legislation in an
appropriation bill and, therefore, violates clause 2 of rule XXI.
The rule states in pertinent part, ``an amendment to a general
appropriation bill shall not be in order if changing existing law.''
The amendment includes a legislative prohibition on the obligation of
funds.
I ask for a ruling from the Chair.
The CHAIRMAN. Does any other Member wish to be heard on the point of
order?
Mr. LANTOS. Mr. Chairman, I request to be heard on the point of
order.
The CHAIRMAN. The gentleman from California is recognized to be heard
on the point of order.
[[Page H5846]]
Mr. LANTOS. Mr. Chairman, my amendment is sponsored by a
distinguished list of Republicans and Democrats. It does not change by
one penny the amount of aid that Egypt will receive. It merely shifts
the ratio from military to economic aid, which is clearly in the
interest of the Egyptian people since Egypt faces no military threat
but its economic conditions are dire. The amendment does not alter the
appropriations for Egypt.
The CHAIRMAN. Does any other Member wish to be heard on the point of
order? If not, the Chair is prepared to rule.
The Chair finds that this amendment includes language imparting
direction regarding the obligation of funds. The amendment therefore
constitutes legislation in violation of clause 2 of rule XXI.
The point of order is sustained and the amendment is not in order.
Amendment No. 13 Offered by Mr. Lantos
Mr. LANTOS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 13 offered by Mr. Lantos:
Page 18, line 22, after ``$2,450,000,000'', insert the
following: ``(increased by $570,000,000)''.
Page 19, line 3, after ``$535,000,000'', insert the
following: ``(increased by $570,000,000)''.
Page 42, line 13, after ``$4,777,500,000'', insert the
following: ``(reduced by $570,000,000)''.
Page 42, line 16, after ``$1,300,000,000'', insert the
following: ``(reduced by $570,000,000)''.
The CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from California (Mr. Lantos) and the gentleman from Arizona
(Mr. Kolbe) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Lantos).
Mr. LANTOS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, my amendment is a very simple amendment. It shifts $325
million from Egypt's economic aid that we provide and increases Egypt's
economic aid that we provide by that exact amount.
The logic of the amendment is clear. Egypt is facing no military
threat. Few states on the face of this planet inhabit a strategic
environment more secure than Egypt. Egypt shares land borders with
three states, and it is at peace with all of them. Recently, Egypt's
security environment has improved dramatically as Libya divested itself
of its weapons of mass destruction.
Despite this enviable security environment, Egypt has embarked on a
major military buildup of a sort one would expect from a nation under
dire and imminent threat. This buildup is not only puzzling but, in my
view, it is a policy choice with seriously damaging implications for
Egyptian society. As a matter of fact, Mr. Chairman, the civilian
leaders of Egyptian society are welcoming my amendment because this
would enable them to deal with the dire economic conditions of that
country in the field of education, health and other areas.
Per capita income in Egypt is less than $1,000. The majority of women
over 15 are illiterate. Yet we are pouring our aid money into cutting-
edge military equipment rather than into desperately needed economic
and social programs. What do we get for this lavish support of the
Egyptian military, over $30 billion in recent years? When we needed
Egypt's support, the powerful Egyptian military on the whole has been
AWOL. Just imagine how politically and militarily useful would have
been Egyptian police presence in Afghanistan. It still would be. The
Egyptian government said, ``Sorry, it's not our fight.''
{time} 1400
And that is on its best days when it is not viciously criticizing our
policies. If Egypt is not going to support us militarily, we can
nevertheless serve the interests of the Egyptian people and our own
national interest by supporting health, education, and economic
development programs that contribute to the stability of Egypt. We can
do this by correcting our own mistaken priorities in Egyptian foreign
aid. That is exactly what we intend to do.
The amendment which the gentleman from Indiana (Mr. Pence), the
gentleman from New York (Mr. Ackerman), the gentlewoman from Florida
(Ms. Ros-Lehtinen), and the gentleman from Virginia (Mr. Cantor) and
others support, would transfer the funds from military to economic
assistance. This clearly is in the interests of the Egyptian people,
and it is in the long-term interests of diminishing the military
confrontation in the Middle East. Our amendment would not force the
cancellation of any existing military contracts, contrary to a phony
letter designed by the Department of State and distributed in this
body.
One would have thought that the Department of State would learn the
difference between fiction and fact because the Department of State
sent out the Secretary of State to the United Nations on a globally
televised program where he peddled fiction and was presenting it as
fact. We do not want the Department of State to be equally embarrassed
again by peddling fiction instead of dealing with facts.
The framework of the Egyptian-Israeli peace process is now 25 years
old. We should no longer have to pay the Egyptian military political
protection money to keep it in place. The biggest threat to Egyptian
stability is its bloated military budget, which undermines economic and
educational development and democratization. In fact, if we enhance our
support for economic and social projects in Egypt, our credibility with
the Egyptian people will soar.
I strongly urge my colleagues to support this reasonable, logical
amendment, which is in the interests of the Egyptian people, which is
in the interests of strengthening the forces of peace in the Middle
East, and which clearly is in our own national interests.
Mr. Chairman, I reserve the balance of my time.
Mr. KOLBE. Mr. Chairman, I yield 4 minutes to the gentleman from
Wisconsin (Mr. Obey), distinguished ranking member of the full
committee.
Mr. OBEY. Mr. Chairman, those who know me in this House know that I
have a vast preference in almost all instances for economic assistance
rather than military assistance, not just in the Middle East but in
virtually every other area of the world. I think that for years we have
been unbalanced in terms of military assistance as a policy weapon
instead of trying to deal with more basic long-term economic and
structural problems within recipient societies.
But I happen to believe that in this instance it would be
counterproductive to pass the amendment offered by the distinguished
gentleman from California. I greatly respect his knowledge in the area.
I respect his passion. I respect his guts. But I think that at a time
when we have been questioning unilateral practices on behalf of the
White House, this would be a peculiarly strange time for me on this
side of the aisle to practice some unilateralism myself, and I think
that is what this amendment does.
Secondly, I would point out that it is in Israel's interest, as our
most reliable ally in the region, it is in Israel's best interest for
us to maintain the best possible relationships with our friends in the
Arab world that we can possibly retain. And I would point out that
right now we need Egypt to deal with the pending withdrawal from Gaza
on the part of the Israelis. We need Egypt's help in training police so
that we can see real security provided in that region and help protect
Israel itself against attack.
And I also think that we do not at this point want to weaken Mr.
Mubarak with his military because I think that civilian control of the
military in that country is tenuous at best; and even though Mr.
Mubarak is out of the military, it is in our interest for a decent and
healthy and strong relationship between Mr. Mubarak and the Egyptian
military to continue to exist.
I would urge Members to recognize that right now American influence
in the Arab world is at an all-time low. Much exploitation has occurred
against America's interests, much exploitation of Arab public opinion
has occurred because of the activities in Iraq. Regardless of how we
feel about that, we have to admit that that is the case with respect to
Arab public opinion.
I think it would be a disastrous development for the Congress to take
a unilateral action which would undercut the administration's ability
to work with what moderate forces are left in
[[Page H5847]]
the Arab world, and I would strongly urge that we oppose this
amendment.
I recognize the emotional force that lies behind the amendment; but
sometimes we have to think with our heads, not with our spleens. This
is certainly one of those occasions, and I would urge rejection of the
amendment.
Mr. LANTOS. Mr. Chairman, I yield 2 minutes to the gentleman from
Virginia (Mr. Cantor).
Mr. CANTOR. Mr. Chairman, I thank the gentleman from California and
the gentleman from Arizona for bringing this bill forward. And I rise
in support of the amendment by the gentleman from California.
As he has stated, Egypt has embarked on a major military buildup of a
sort one would expect from a nation under dire and imminent threat.
Last year, the Egyptian Navy created 11 new battle units. At a time of
30 percent illiteracy and a per capita income of less than $1,000,
Egypt is pouring its money into cutting-edge military equipment rather
than schools, hospitals, and economic development.
The United States has a vital stake in Egypt's stability and
prosperity, and the U.S. can best serve that goal and the strengthening
of the relationship with Egypt by supporting educational and economic
development, as well as political freedom, that contributes most
effectively to Egyptian stability.
The amendment offered by the gentleman from California (Mr. Lantos),
the gentleman from Indiana (Mr. Pence), the gentlewoman from Florida
(Ms. Ros-Lehtinen), the gentleman from New York (Mr. Ackerman), and
others will not, as the gentleman from Wisconsin suggests, preclude
Egypt's ability to help the United States in brokering the pull-out
from Gaza which Israel has embarked upon. It will not weaken Mr.
Mubarak in the eyes of his military. My goodness, as the gentleman from
California has stated, we have given Egypt $30 billion over the last 20
years. This will not preclude our ability to work with Egypt, a
moderate Arab ally.
Instead, Mr. Chairman, this amendment supports the Egyptian people
and the U.S. interests by transforming approximately 25 percent from
the Egyptian military, changing that into economic assistance that will
improve the quality of life of the Egyptian people and contribute to
the overall prospects for peace in the Middle East.
Mr. KOLBE. Mr. Chairman, I yield 4 minutes to the distinguished
gentlewoman from New York (Mrs. Lowey), ranking member of the
subcommittee.
Mrs. LOWEY. Mr. Chairman, I rise in reluctant opposition to this
amendment. For the last several years I have joined many of my
colleagues, including this amendment's sponsor, in expressing concern
about the composition of the United States aid package to Egypt. Why at
a time when Egypt has no major enemies should we be providing over $1
billion each year in military assistance? Why, when economic conditions
in Egypt are so dire, should we be maintaining such a high level of
military aid even as economic assistance levels drop?
I share the concerns many of my colleagues have expressed about
Egypt's record. Egypt's media is rife with anti-Israel and anti-Semitic
images and language, including constant comparisons between Israel and
the Nazis in television shows that perpetuate anti-Semitism. Egyptian
officials have called Israel a ``terrorist organization'' by taking
self-defensive actions against terrorists in the West Bank and Gaza.
Egypt's move towards political reform has been slow and bumpy, with
little support from that country's top leaders for adopting measures to
make Egyptian society more democratic and inclusive.
As for Egypt's record on security and peace process issues, I have
other serious concerns. The Egyptians have dragged their feet in
stemming the flow of smuggled weapons through tunnels under the Egypt-
Gaza border. The Egyptian leadership has not historically been helpful
in pressing the Palestinians to comply with agreements they have
already made and to negotiate with Israel on matters of grave
importance to regional stability and security. Egypt has failed to
return its ambassador to Israel since it recalled him nearly 4 years
ago.
All these examples point to one conclusion: Egypt has not acted the
way we should expect one of the largest recipients of United States
foreign aid to act. Its policies have at times been in outright
opposition to the best interests of United States national security.
For these reasons, I agree with the message of the gentleman's
amendment.
However, as much as I agree with my good friend's message, I am
troubled by the timing. In the wake of Israeli Prime Minister Sharon's
decision to pursue a unilateral Israel withdrawal from Gaza, which I
strongly support, Egypt has signaled a new readiness to play a
constructive role in making the region secure. Egyptian intelligence
chief Omar Suleiman has become the point man in discussions with the
Palestinians, delivering the message of the United States and the
Quartet that the Palestinians must consolidate and reform their
security forces and empower their prime minister rather than Chairman
Arafat.
Egypt is taking actions right now that are supportive of what Israel
has determined is in its best security interests. So at a time when
Egypt is preparing to take on the Herculean task of consolidating and
training the Palestinian security services, a task that will require
steely resolve and sustained pressure on Arafat to achieve, I am
concerned about the unintended consequences this amendment may have.
In a July 2 op-ed in The Washington Post, former Middle East envoy
Dennis Ross, who has served both administrations and is probably one of
the foremost experts in this region of the world, warned that the
Egyptians are unlikely to succeed at the long list of goals they have,
goals shared by both the United States and Israel without active United
States support. I agree with Ambassador Ross, and I believe that this
amendment could have the effect of chilling these efforts at a time
when they could be most helpful for bolstering security in the region.
{time} 1415
Mr. LANTOS. Mr. Chairman, first I want to thank my good friend for
eloquently and powerfully making the case for my amendment.
Mr. Chairman, I am now pleased to yield 2 minutes to my friend, the
gentleman from New York (Mr. Ackerman), the ranking member of the
Subcommittee on the Middle East and Central Asia.
Mr. ACKERMAN. Mr. Chairman, I thank the distinguished ranking member
for his leadership on this very important issue.
Mr. Chairman, it is important to be clear about what this amendment
does not do. It does not cut the overall level of assistance to Egypt
but merely redirects a portion of our military assistance to economic
assistance.
For many years we went in the opposite direction. We decreased our
economic assistance to Egypt, while our military aid has remained the
same. At the same time, I have wondered why Egypt needs all of these
advanced weapons from us. Who are they arming themselves against?
Finland?
I have met repeatedly with senior Egyptian military leaders and posed
this question to them. The answer I get is that they need capabilities
to respond to the ``unknown threat.'' But someone, somewhere, must have
an idea of what that threat is. Otherwise, how do you know what
equipment to buy or what capabilities you need?
I recognize that Egypt has admirably provided the United States with
overflight rights and swift transit through the Suez Canal. I also
recognize that a certain level of interoperability between the United
States and Egyptian forces is necessary in order for them to
participate in future peacekeeping missions. Therefore, some level of
military assistance is necessary to maintain that interoperability.
But I believe what Egypt needs now is not a larger, more powerful
military, but a stronger, more prosperous economy. Decreasing our
economic assistance while military assistance remains the same does
neither Egypt nor us any favors.
Egypt faces significant economic challenges. Real wages stagnate,
there is a growing debt burden, unemployment is far in excess of
official estimates. All of this requires us to redouble our efforts to
encourage economic reform in Egypt. Egypt's current economic growth
rate is insufficient to absorb the 600,000 to 800,000 new entrants into
the job market each year.
[[Page H5848]]
What is needed is more and faster reform, but the insistence of the
government of Egypt on going slow on economic reform and has continued
to discourage foreign direct and indirect investment, a key input if
the Egyptian economy is to grow at a rate that will actually lower
unemployment.
Shifting the emphasis of our aid to Egypt will also assist in
supporting political reform there. Egypt has recently been saying all
of the right things about political reform, although not much seems to
be happening of late. The energy and enthusiasm for reform that emerged
after Egypt's National Democratic Party's conference last year seems to
have dissipated with opposition parties charging that the NDP has not
consulted with them on the next steps in the reform process as
promised.
Mr. Chairman, Egypt is an important partner to us in the pursuit of
peace in the Middle East and Egypt has in the past taken courageous
steps to pursue that peace. For that reason, I support the amendment
and urge our colleagues to do so as well.
Mr. KOLBE. Mr. Chairman, I am pleased to yield 4 minutes to the
gentleman from Florida (Mr. Young), the distinguished chairman of the
Committee on Appropriations.
Mr. YOUNG of Florida. Mr. Chairman, I appreciate the gentleman
yielding me this time.
I want to say to the author of this amendment that I understand his
interest and I think it is a good-faith effort, but I just cannot agree
with it.
I think the gentleman would agree, that one of the only stabilizing
factors in the very unstable Middle East is the relationship that the
United States has, on behalf of Israel, with President Mubarak and the
nation of Egypt. Any change to the Egyptian military assistance
account, I believe, would seriously undermine that strong U.S.-Egypt
partnership that started in 1979 at the Camp David Accords and
continues to be one of the foundations for achieving our own foreign
policy goals in the Middle East.
Members know that U.S. military aid to Egypt is a cornerstone of the
Camp David Accords. The Administration is opposed to an amendment that
would modify our commitment to the parties as contained in that
agreement. This commitment is the foundation of our efforts to promote
peace in the region, to combat terrorism, and to advance
interoperability with the Egyptian military.
In addition, this reduction in military assistance could lead to the
cancellation of approximately $2.2 billion in total contract value.
These contracts all go towards the purchase of United States products.
Our military assistance to Egypt has contributed to regional
stability in an area that had previously been the scene of military
conflict against Israel. This calming of tensions has enabled us to
develop a strategic partnership with Egypt that has contributed to a
broad range of U.S. objectives in the region, including the global War
on Terrorism, the stabilization and reconstruction of Iraq, and, more
recently, the efforts to stop the humanitarian crisis in the Sudan.
Egypt has also taken a critical initiative to work with Israel to
support the Israeli withdrawal from the Gaza Strip through the
reorganization and training of the Palestinian security services.
On a bilateral military-to-military level, our assistance has helped
to modernize the Egyptian military, thereby creating a defensive force
that is interoperable with and capable of supporting, U.S. security
goals in the region. We also continue to train Egyptian military
officers through the IMET Program and to conduct joint exercises,
thereby ensuring that our militaries both understand and support each
other at critical moments.
This Egyptian capacity has enabled the Egyptian military to
participate in international peacekeeping operations, to help us
successfully prosecute Operations Enduring Freedom and Iraqi Freedom,
to enable our craft to safely transit the Suez Canal, to enable our
planes to traverse Egyptian air space, and to provide our tankers with
invaluable accession to Egyptian facilities.
This amendment would undermine this relationship, and I would hope
that the Members would join the bipartisan leadership of the Committee
on Appropriations in opposing this amendment.
Mr. LANTOS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I just want to remind the distinguished chairman of the
Committee on Appropriations that, if my amendment is approved, Egypt
will still receive vast military assistance from the United States. At
the present time, the bulk of our aid is military aid, and my amendment
merely shifts the balance a bit.
Mr. Chairman, I am pleased to yield 2 minutes to my good friend, the
distinguished gentlewoman from Florida (Ms. Ros-Lehtinen), the Chair of
the Subcommittee on the Middle East and Central Asia of the Committee
on International Relations.
Ms. ROS-LEHTINEN. Mr. Chairman, I rise in strong support of the
Lantos amendment. It is with sadness and great concern that I rise
today to propose a shift in military aid to Egypt. I am saddened that
Egyptian society is suffering from illiteracy, decreasing per capita
income, and is clamoring for the right to exert their fundamental
freedoms and civil liberties, while the Egyptian government has
embarked on a significant military buildup of the sort one would expect
from a nation under imminent threat.
Yet, as all of us know, Egypt currently occupies a secure, strategic
environment, further improved by Libya's decision to verifiably disarm
and dismantle its chemical, biological and nuclear missile programs.
Egypt's military aid is particularly daunting when considered within
the context of the $1.3 billion in annual military aid that the U.S.
provides to Egypt, in essence making us in this Chamber enablers of
this increase in Egyptian battle units, Harpoon missiles and fast-
attack aircraft.
This cannot and must not continue.
You will hear that the administration has concerns about this
amendment. However, the amendment that I have cosponsored on a
bipartisan basis is in keeping with President Bush's priorities to
bring freedom, democracy and economic liberalization to the Middle
East.
This amendment merely shifts funds from military aid to economic
assistance for the purpose of supporting Egyptian civil society and
improving the quality of life of the Egyptian people. It is in keeping
with U.S. public diplomacy efforts by sending a clear message about
U.S. priorities for Egypt's future and the future of Egypt's people. It
builds goodwill with the people of the region by supporting
educational, economic and political development, goals which contribute
most effectively to Egypt's internal stability.
You might hear arguments about how this amendment undermines Egypt's
efforts to provide security in Gaza. Let us not be fooled: Egypt is not
using this military assistance for anything else but to strengthen its
political stature in the region through a show of weapons and military
capabilities.
Mr. Chairman, I think that it is time to say no more excuses, and let
us vote for the Lantos amendment.
Mr. KOLBE. Mr. Chairman, I yield 3\1/2\ minutes to the distinguished
gentleman from California (Mr. Berman).
Mr. BERMAN. Mr. Chairman, very, very reluctantly I rise in opposition
to the amendment of my good friend and, more importantly, our wise and
respected colleague, the ranking member of the Committee on
International Relations (Mr. Lantos). He and I are hardly ever on
opposite sides of an important issue relating to the Middle East.
Everyone knows this amendment will not become law, irrespective of
what happens today. Neither the Senate nor the conference committee
will accept this transfer. The administration would veto it if it did.
So, if you pardon the use of a military metaphor, this is simply a shot
across the bow.
There are ample reasons to take that shot. On democracy promotion,
respect for human rights economic reforms, the Egyptian record is
woefully inadequate. The state-sponsored media is filled with repulsive
antisemitism and outrageous over-the-top scapegoating of Israel and the
United States for the serious problems afflicting the Arab world. Egypt
faces no external existential military threats.
But this is the wrong time to take this shot and the wrong time to
pass this amendment. Why? Because it will not achieve its purposes, and
it threatens to undercut America's national interests in seeking to
resolve the Israeli-Palestinian conflict.
[[Page H5849]]
How so? For the first time in a very long time, the political and
military leadership of Egypt appears willing to take real risks that
will enhance Israel's security and force Yasser Arafat to end his
support for terrorism.
We are at a critical juncture in the Middle East. Prime Minister
Sharon, the father of the settlement movement, has proposed and is
deeply committed to an historic disengagement plan that will lead to
the removal of all Israeli settlements and military installations from
Gaza, at the cost of severing his ties to much of his own political
base. This plan is supported by a substantial majority of the Israeli
people.
Egypt has a huge stake in the success of the disengagement plan. The
last thing they want is a terrorist base camp in Gaza that exports
instability to their country and other parts of the region.
In recent weeks, Egypt has begun to play a very constructive role in
discussions with Israel and the Palestinians to help ensure an orderly
Israeli withdrawal from Gaza.
Most importantly, for the first time since the outbreak of violence,
they have put significant pressure on Yasser Arafat. President
Mubarak's envoy, General Omar Suleiman, has demanded that Arafat
relinquish control over all Palestinian security forces and agree to
their consolidation. In addition, he has told Arafat he must fire more
than 70 corrupt Palestinian officials, or risk losing any Egyptian
financial assistance. Egypt has expressed its willingness to train the
Palestinian security services in Gaza as the disengagement plan
proceeds.
In light of Arafat's repeated refusal to take steps that could stop
the violence, we are not sure whether the Egyptian efforts will bear
fruit.
Mr. Chairman, let me conclude with a quote from the Associated Press
from yesterday: ``The first time an Egyptian President took the risk of
reconciling with Israel, he was shunned by other Arabs and vilified by
his own citizens. A quarter century after Anwar Sadat became the first
Arab leader to sign a peace treaty with Israel, his successor, Hosni
Mubarak, is contemplating yet another risky step in the world of Middle
East peacemaking: Sending Egyptians to help keep the peace in Gaza if
Israel withdraws.
``And as with the 1979 treaty, which ushered in a lasting if cool
peace, Egypt finds itself accused of a variety of missteps.''
Mubarak is acting on behalf of hated Israel to many of the people in
the Arab world. What a strange time to propose this particular
amendment.
Mr. LANTOS. Mr. Chairman, I am delighted to yield 1\2/3\ minutes to
our distinguished colleague and my good friend the gentleman from
Massachusetts (Mr. Delahunt).
Mr. DELAHUNT. Mr. Chairman, when I hear about now is not the time, I
guess my response is, when is it? I dare say it is long overdue.
Last November, President Bush said in a speech to the National
Endowment for Democracy, ``As long as the Middle East remains a place
where freedom does not flourish, if will remain a place of stagnation,
resentment, and violence ready for export.''
Those in this body know that it is rare that I agree with President
Bush, but he has it right on this occasion.
We learned on September 11 that this is not just an image problem,
and I refer to the anti-American sentiment that is abundant in the
Middle East, because we, unfortunately, are perceived to be aligned
with regimes in the Middle East that do not serve their people well.
This is what our State Department in its Human Rights Report has to
say about Egypt. ``The security forces committed numerous serious human
rights abuses. The ruling party dominated the legislature.
{time} 1430
``The mass media, labor, and large public sector entities control the
licensing of new political parties, newspapers, private organizations
to such an extent that as a practical matter, citizens do not have the
meaningful ability to change their government.''
Yet we find ourselves considering another $1 billion plus and we are
doing nothing to advance the cause of democracy and the nurturing of
democratic institutions in the Middle East and specifically, in Egypt,
and now is the time.
Mr. KOLBE. Mr. Chairman, I yield 1\1/2\ minutes to the distinguished
gentleman from California (Mr. Issa).
(Mr. ISSA asked and was given permission to revise and extend his
remarks.)
Mr. ISSA. Mr. Chairman, I reluctantly come, as many of my colleagues,
probably this is as close to a 50-50 vote as we are normally going to
have on this floor, to oppose this amendment, not because many of the
points being made are not accurate, but because in 1998, Egypt and the
United States agreed to a 10-year economic assistance phase-down. We
agreed between our two nations to a long-term change in what had been
the 1979 peace agreement. We need to be a nation that keeps our
promises or renegotiates in good faith. It should not be done
unilaterally from this body.
What I would say is, if, as I hope and will vote this is defeated, we
should all work together to find new ways to ensure that Egypt has the
assets and the impetus to do 100 percent successful sealing of the Gaza
border, and particularly the tunnels that have been so troublesome. I
look forward to working with both sides of the aisle after this vote to
make that happen.
Mr. LANTOS. Mr. Chairman, I am delighted and proud to yield 1 minute
to my dear friend and distinguished colleague, the gentleman from
Indiana (Mr. Pence).
(Mr. PENCE asked and was given permission to revise and extend his
remarks.)
Mr. PENCE. Mr. Chairman, I rise in strong support of the Lantos
amendment, and I appreciate so much the gentleman's leadership on this,
as much as I appreciate the strong leadership of the gentleman from
Arizona (Chairman Kolbe) on this legislation as a whole; excellently
prepared, thoughtfully conceived.
I find it difficult to add to the arguments that have been made, so I
will add a new argument. The State Department asserted earlier today
that the United States had developed a strategic partnership with Egypt
that has contributed to the global war on terrorism, stabilization, and
reconstruction of Iraq.
If the truth be told, Mr. Chairman, Egypt has been largely absent
from the war on terror, despite the contribution of $1.3 billion in
military assistance by the people of the United States of America;
despite its sizable and, we learned today, increasingly well-funded
military force that has contributed no combat forces to our effort in
Afghanistan; and, unlike Jordan, Egypt has not offered to send a single
soldier to even help the Iraqi interim government establish peace and
stability.
It is for these reasons that I think it is time to send a message to
Egypt to transfer resources into humanitarian purposes and bring them
on board on the war on terror.
The CHAIRMAN. The gentleman from Arizona (Mr. Kolbe) has 4\1/2\
minutes remaining; the gentleman from California (Mr. Lantos) has 4\3/
4\ minutes remaining.
Mr. KOLBE. Mr. Chairman, I am pleased to yield 2 minutes to the
distinguished gentleman from Michigan (Mr. Dingell).
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Mr. Chairman, our efforts to achieve peace in the Middle
East have a major part of their foundation in the accords of Camp
David. Part of those accords were that we would provide a certain level
of military assistance to our friends in Egypt. They and the Israelis
are the friends that we have in that area. This amendment puts the
finger of the Congress of the United States in the eye of our friends
in Egypt. We have commitments made to them. Those commitments will be
broken by this amendment.
Now, to go further, what do these accords do? They give the
Egyptians, in addition to all things else, the required strength to
come in to assist us, the U.N., and the Israelis in providing the
necessary security at Gaza when Gaza is relinquished by Premier Sharon.
The result of that will be that if we do not see that Egypt has
sufficient funding, they may either choose not to or may be incapable
of moving in to control the terrorists and other organizations which
are sinister threats not only to Israel, to the United States, but to
the peace in the area. This amendment is
[[Page H5850]]
therefore extremely counterproductive to the purposes of this Nation
and to the commitments which we have made.
Beyond that, it poses a real threat to the security of Israel and the
security of the area. Fancy, if my colleagues please, another
Afghanistan directly on the borders of Israel full of terrorists, full
of extremists, full of people who bring danger not just to world peace,
but to Israel. I ask my colleagues to conceive of whether that is a
wise policy for us to enunciate today by the adoption of this
amendment.
Now, I say this with all respect to the author of the amendment. I am
sure he is sincere in what he does. But the result of this action is
counterproductive in the extreme. It breaches a sensible commitment
made by the United States. It poses risks to Israel and significant
danger to world peace.
Mr. LANTOS. Mr. Chairman, I am delighted to yield 1 minute and 50
seconds to my good friend and distinguished colleague, the gentleman
from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Chairman, while the words of the dean of the
House are ringing in our ears, I would just point out that Egypt also
has a vital interest in maintaining stability in Gaza. They are going
to do so, move in to help deal with stability there, not because we
bribe them, but because it is in their national interests. They cannot
afford for it to fall apart.
I appreciate what the ranking member of the Committee on
International Relations has done bringing forward this amendment. We
have a long and productive relationship with Egypt, and it is not going
to change if we change the emphasis. We have already invested in Egypt
as the number two recipient of our aid, over $30 billion, much of it in
military assistance. We bought interoperability.
The question, I think, is after 25 years, how do we make adjustments,
6 years after the most recent alignment. The gentleman from California
(Mr. Berman) asks, `is this the wrong time?' I think the gentleman from
California (Mr. Lantos) is saying now is the time, even if it does not
pass, to signal that the way that we are going to have peace in Egypt,
in the Middle East, is to stabilize the economy, shift away from
massive military buildup, which they do not need, and feed that
positive public opinion.
I can think of nothing more positive than for us to invest in the
Egyptian people at a time when their government sadly has fallen short,
fallen short in terms quieting virulent anti-Semitic rhetoric. It has
fallen short in meeting the needs of the Egyptian people. They have all
the military they need to deal with their current needs and with moving
in to Gaza for their own interests. It is time to send a signal that we
are going to beef up the economic side of the equation.
Mr. LANTOS. Mr. Chairman, I am delighted to yield 1 minute to my good
friend, the gentlewoman from Nevada (Ms. Berkley), a distinguished
member of the Committee on International Relations.
Ms. BERKLEY. Mr. Chairman, I rise in strong support of the Lantos
amendment; and I thank him, thank him for bringing this forward.
Per capita income in Egypt hovers around $1,000 a year. Illiteracy,
30 percent, over 50 percent for women. With this kind of poverty, why
are we continuing to fund the military complex instead of providing
economic aid to the Egyptian people? There is no need for military
assistance to protect Egypt's borders. They have no enemies in the
region.
But let us please examine their record.
When I hear my colleagues talk about their aid in our war against
terrorism, who are we kidding? They have contributed no combat forces
in Afghanistan. They have contributed no help to the United States in
Iraq. They have done nothing to stop the virulent anti-Semitism and
anti-United States rhetoric that is rampant in their media, and they do
not need $1.3 billion in order to support Israel's withdrawal from the
Gaza.
The Egyptians claim they are supporting Israel's efforts in the Gaza,
but how are they doing that? They have done nothing to stem the flow of
arms and terrorists. They have done nothing to close the tunnels. They
have done nothing to help train a single Palestinian in their security
forces.
Their economy is in shambles. It is time that we do something for the
Egyptian people.
Mr. LANTOS. How much time do we have, Mr. Chairman?
The CHAIRMAN. The gentleman from California has 2 minutes remaining;
the gentleman from Arizona has 2\1/2\ minutes remaining.
Mr. LANTOS. Mr. Chairman, I am delighted to yield 1 minute and 45
seconds to the distinguished gentleman from Massachusetts (Mr. Markey).
Mr. MARKEY. Mr. Chairman, I thank the gentleman for yielding me this
time.
This amendment does not cut aid for Egypt. What it does is, it cuts
aid for Egypt's military; and it takes the same amount of money and
gives that money to the civilian economy in Egypt, to help the citizens
of Egypt. And it is to send a signal to the Egyptian leaders and to the
Egyptian military that it is unacceptable for the United States people
to give money to the Egyptian military, even as a sieve has been
created which allows for the transfer, the smuggling of guns and other
weapons, explosives from Egypt into the Gaza, which is being used by
Palestinian radicals to kill Israeli civilians.
That is the signal that we are sending, not to the Egyptian people,
they can keep the money; but to the Egyptian military that they must do
their job to secure their borders so that there is peace in Gaza, so
that Israelis are not made victims of a trusting relationship between
the United States and the Egyptian government and military. That is the
signal which we are sending, and that is hopefully what will happen as
we renew, through Egypt and its leaders, the commitment to the
principles embraced by former President Anwar Sadat who, in his 1988
address to the Israeli Knesset, said, What is peace for Israel? It
means Israel lives in the region with her Arab neighbors in security
and safety. Is that logical? I say yes. It means that Israel lives
within its borders secure against any aggression. Is that logical? And
I say yes. It means that Israel abates all kinds of guarantees that
will ensure these two factors. To this demand, I say yes.
We need Anwar Sadat's kind of leadership in Israel today. Vote
``yes'' on the Lantos amendment.
Mr. LANTOS. Mr. Chairman, I yield myself the remainder of the time.
Mr. Chairman, if my colleagues think that Egypt needs more high-tech
military equipment, vote against our amendment. If my colleagues
believe that the Egyptian people, with a per capita income of less than
$1,000 and a social system which is a shambles, need more economic aid,
then vote for the Lantos amendment. I urge my colleagues to do so.
Mr. KOLBE. Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, I want to say at the outset that I have the greatest
respect for the gentleman from California (Mr. Lantos), the sponsor of
this amendment; but I believe that adoption of the amendment would be a
serious mistake and it will undermine our relations with one of our
major allies in the Middle East.
This amendment is being proposed at the very time when the
governments of Egypt and Israel are coordinating plans for Israel to
withdraw from Gaza. In order for a withdrawal to be successful, both
countries must cooperate on security and intelligence matters; and
Egypt must be prepared to help ensure that terrorist organizations do
not gain power in Gaza. Discussions, cooperation, and coordination on
these matters are already occurring at the highest level of both
governments.
I cannot imagine that at the very time that Israel and Egypt, after
years of an admittedly cold, frosty peace, are finally engaged in
serious discussions on military and on intelligence cooperation, that
this Congress would choose this moment to disrupt this cooperation by
cutting military assistance for Egypt.
As has already been indicated, the administration does strongly
oppose this amendment, and part of the letter from Secretary Powell has
been quoted in opposition to this amendment. I will include the entire
letter in the Record at this point, but let me quote from one section
of that letter.
In it the Secretary says: ``In Egypt we have an ally that can help us
in war and in peace. Our credibility in this relationship depends to a
great degree
[[Page H5851]]
upon being a reliable provider of assistance to the Egyptian military.
{time} 1445
``A transfer of funds from the military assistance account to the
economic account will damage the credibility of our bilateral relations
at a very sensitive moment in the region, one that has witnessed
Egyptian engagement in and support of our regional objectives.''
I include the full text of the letter for the Record.
The Secretary of State,
Washington, DC, July 14, 2004.
Hon. Jim Kolbe,
Chairman, Foreign Operations, Export Financing and Related
Programs, Committee on Appropriations, House of
Representatives.
Dear Mr. Chairman: I ask for your support on the subject of
a possible amendment to the Fiscal Year 2005 Foreign
Operations Appropriation bill that proposes to reduce our
annual military assistance to Egypt by 25 percent and to
reprogram it for economic assistance. We understand that the
House may consider this amendment July 15. This matter is of
urgent concern, as I believe that any changes to the Egypt
military assistance account would seriously undermine the
strong U.S.-Egypt partnership that has been built since the
1979 Camp David Accords and that continues to be one of the
foundations for achieving U.S. foreign policy goals in the
Middle East.
As you know, U.S. military aid to Egypt is a cornerstone of
the Camp David Accords. The Administration is opposed to any
amendment that would modify our commitment to the parties as
contained in that agreement. This commitment is the
foundation of our efforts to promote peace in the region, to
combat terrorism, and to advance interoperability with the
Egyptian military. In addition, a $325 million reduction in
military assistance, as proposed, could lead to the
cancellation of approximately $2.2 billion in total contract
value; these contracts all go towards the purchase of U.S.
products.
Our military assistance to Egypt has contributed to
regional stability in an area that had previously been the
scene of military conflict against Israel. This calming of
tensions has enabled us to develop a strategic partnership
with Egypt that has contributed to a broad range of U.S.
objectives in the region, including the Global War on
Terrorism, the stabilization and reconstruction of Iraq, and
more recently, efforts to stop the humanitarian crisis in
Darfur, Sudan. Egypt has also undertaken a critical
initiative to work with Israel to support the Israeli
withdrawal from the Gaza Strip through the reorganization
and training of the Palestinian security services.
On a bilateral military-to-military level, our assistance
has helped to modernize the Egyptian military, thereby
creating a defensive force that is interoperable with, and
capable of supporting, U.S. security goals in the region. We
also continue to train Egyptian military officers through the
International Military Education and Training Program and to
conduct joint training exercises, thereby ensuring that our
militaries both understand and support each other at critical
moments. This Egyptian capacity has enabled the Egyptian
military to participate in international peacekeeping
operations, to help us successfully prosecute Operations
Enduring Freedom and Iraqi Freedom, to enable our craft to
safely transit the Suez Canal, to enable our planes to
traverse Egyptian airspace, and to provide our tankers with
invaluable access to Egyptian facilities.
In Egypt we have an ally that can help us in war and peace.
Our credibility in this relationship depends to a great
degree upon being a reliable provider of assistance to the
Egyptian military. A transfer of funds from the military
assistance account to the economic account will damage the
credibility of our bilateral relations at a very sensitive
moment in the region, one that has witnessed Egyptian
engagement in and support of our regional objectives. I hope
you will oppose this amendment.
Sincerely,
Colin L. Powell.
Again, I have great respect for the author of the amendment. However,
this is not the time to make a cut of more than 40 percent of military
assistance. Even if we were so inclined, now is not the time to take
that kind of action that would disrupt our ongoing efforts to
facilitate the withdrawal of Israel from Gaza. I urge the House to
reject this amendment.
Mr. KNOLLENBERG. Mr. Chairman, I rise in opposition to this
amendment.
Since the 1978 Camp David accords, Egypt and the United States have
shared a close relationship built around mutual strategic interests and
common goals.
The U.S.-Egyptian military is both strong and important.
Our military assistance to Egypt has helped to build an Egyptian
military that is interoperable with the United States, and actively
supports U.S. security goals in the region. This Egyptian capacity has
enabled our U.S. ships to safely traverse the Suez Canal, and enabled
our planes to effectively traverse Egyptian airspace.
Let me be clear. I am not satisfied with the pace of economic and
political reform in Egypt. I know many of the Egyptian people feel the
same way. There are many issues the United States and Egypt will have
to work through in the coming years. It is important for the United
States to continue to press Egypt on these issues.
However, I believe this amendment would unwisely undermine the U.S.-
Egyptian military relationship. This would be particularly damaging at
a time when Egypt is providing important cooperation in the War on
Terrorism and the peace process between Israel and the Palestinians. In
addition, as we ask Egypt to take a more prominent role in the security
of the Gaza strip, we should not undercut Egypt's ability to play the
role we are asking them to play.
Mr. Chairman, for all these reasons, I urge my colleagues to join me
in voting against this amendment.
Mr. CROWLEY. Mr. Chairman, I rise today in strong support of my good
friend from California Mr. Lantos's amendment.
It is time for the United States to start redirecting aid to Egypt.
the United States has been providing military assistance to Egypt for
over 20 years and Egypt has made peace with its neighbors.
Egypt no longer has to fear from any outside threats to its
sovereignty and it's now time this aid move toward helping Egyptian
people not the military.
The real threat to Egypt comes from the poverty and lack of freedom
that exists in the country today.
We cannot continue to fund the military while people live in squalor
and do not have the freedoms they deserve.
Egypt must start focusing on its people and its economic reforms.
Moving towards economic aid will help to push this process forward.
Egypt is a consistent violator of human rights and our funding needs
to address how to begin to respect these rights.
Even in the State Department human rights reports, they reported that
there is ``convincing evidence'' the police regularly use torture to
extract confessions, and detain suspects without charging people or
bringing them to trail.
I continue to see Egypt's lack of respect for minority and religious
rights.
Our funding should not be building up Egypt military but instead on
building its society.
Mr. Chairman, I stand in strong support of this amendment and urge my
colleagues to support the passage of this important amendment.
Mr. KOLBE. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. Lantos).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. LANTOS. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from California (Mr. Lantos)
will be postponed.
The Committee will rise informally.
The SPEAKER pro tempore (Mr. Burr) assumed the Chair.
The SPEAKER pro tempore. The Committee will resume its sitting.
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