[Congressional Record Volume 150, Number 118 (Monday, September 27, 2004)]
[Senate]
[Pages S9734-S9756]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       FOREIGN OPERATIONS EXPORT FINANCING, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 2005

  On Thursday, September 23, 2004 the Senate passed H.R. 4818, as 
follows:

                               H.R. 4818

         Resolved, That the bill from the House of Representatives 
     (H.R. 4818) entitled ``An Act making appropriations for 
     foreign operations, export financing, and related programs 
     for the fiscal year ending September 30, 2005, and for other 
     purposes.'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2005, and for other purposes, namely:

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States


              INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $1,140,000.


                EXPORT-IMPORT BANK LOANS PROGRAM ACCOUNT

       The Export-Import Bank of the United States is authorized 
     to make such expenditures within the limits of funds and 
     borrowing authority available to such corporation, and in 
     accordance with law, and to make such contracts and 
     commitments without regard to fiscal year limitations, as 
     provided by section 104 of the Government Corporation Control 
     Act, as may be necessary in carrying out the program for the 
     current fiscal year for such corporation: Provided, That none 
     of the funds available during the current fiscal year may be 
     used to make expenditures, contracts, or commitments for the 
     export of nuclear equipment, fuel, or technology to any 
     country, other than a nuclear-weapon state as defined in 
     Article IX of the Treaty on the Non-Proliferation of Nuclear 
     Weapons eligible to receive economic or military assistance 
     under this Act, that has detonated a nuclear explosive after 
     the date of the enactment of this Act: Provided further, That 
     notwithstanding section 1(c) of Public Law 103-428, as 
     amended, sections 1(a) and (b) of Public Law 103-428 shall 
     remain in effect through October 1, 2005.


                         SUBSIDY APPROPRIATION

       For the cost of direct loans, loan guarantees, insurance, 
     and tied-aid grants as authorized by section 10 of the 
     Export-Import Bank Act of 1945, as amended, $115,700,000, to 
     remain available until September 30, 2008: Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974: Provided further, That such sums shall remain 
     available until September 30, 2023 for the disbursement of 
     direct loans, loan guarantees, insurance and tied-aid grants 
     obligated in fiscal years 2005, 2006, 2007, and 2008: 
     Provided further, That none of the funds appropriated by this 
     Act or any prior Act appropriating funds for foreign 
     operations, export financing, and related programs for tied-
     aid credits or grants may be used for any other purpose 
     except through the regular notification procedures of the 
     Committees on Appropriations: Provided further, That funds 
     appropriated by this paragraph are made available 
     notwithstanding section 2(b)(2) of the Export-Import Bank Act 
     of 1945, in connection with the purchase or lease of any 
     product by any Eastern European country, any Baltic State or 
     any agency or national thereof: Provided further, That not 
     later than 30 days after the date of enactment of this Act, 
     the Export-Import Bank shall submit a report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, containing an analysis of the economic impact 
     on United States producers of ethanol of the extension of 
     credit and financial guarantees for the development of an 
     ethanol dehydration plant in Trinidad and Tobago, including a 
     determination of whether such extension will cause 
     substantial injury to such producers, as defined in section 
     2(e)(4) of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635(e)(4)): Provided further, That the Export-Import Bank 
     shall consult with the Committees on Appropriations and the 
     Senate Committee on Finance prior to extending direct credit 
     or financial guarantee to establish or expand the production 
     of indigenous products for export by a beneficiary country 
     pursuant to section 423 of the Tax Reform Act of 1986 (19 
     U.S.C. 2703 note).


                        administrative expenses

       For administrative expenses to carry out the direct and 
     guaranteed loan and insurance programs, including hire of 
     passenger motor vehicles and services as authorized by 5 
     U.S.C. 3109, and not to exceed $30,000 for official reception 
     and representation expenses for members of the Board of 
     Directors, $73,200,000: Provided, That the Export-Import Bank 
     may accept, and use, payment or services provided by 
     transaction participants for legal, financial, or technical 
     services in connection with any transaction for which an 
     application for a loan, guarantee or insurance commitment has 
     been made: Provided further, That, notwithstanding subsection 
     (b) of section 117 of the Export Enhancement Act of 1992, 
     subsection (a) thereof shall remain in effect until October 
     1, 2005.

                Overseas Private Investment Corporation


                           noncredit account

       The Overseas Private Investment Corporation is authorized 
     to make, without regard to fiscal year limitations, as 
     provided by 31 U.S.C. 9104, such expenditures and commitments 
     within the limits of funds available to it and in accordance 
     with law as may be necessary: Provided, That the amount 
     available for administrative expenses to carry out the credit 
     and insurance programs (including an amount for official 
     reception and representation expenses which shall not exceed 
     $35,000) shall not exceed $42,885,000: Provided further, That 
     project-specific transaction costs, including direct and 
     indirect costs incurred in claims settlements, and other 
     direct costs associated with services provided to specific 
     investors or potential investors pursuant to section 234 of 
     the Foreign Assistance Act of 1961, shall not be considered 
     administrative expenses for the purposes of this heading.


                            program account

       For the cost of direct and guaranteed loans, $24,000,000, 
     as authorized by section 234 of the Foreign Assistance Act of 
     1961, to be derived by transfer from the Overseas Private 
     Investment Corporation Non-Credit Account: Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974: Provided further, That such sums shall be available 
     for direct loan obligations and loan guaranty commitments 
     incurred or made during fiscal years 2005 and 2006: Provided 
     further, That such sums shall remain available through fiscal 
     year 2013 for the disbursement of direct and guaranteed loans 
     obligated in fiscal year 2005, and through fiscal year 2014 
     for the disbursement of direct and guaranteed loans obligated 
     in fiscal year 2006.
       In addition, such sums as may be necessary for 
     administrative expenses to carry out the credit program may 
     be derived from amounts available for administrative expenses 
     to carry out the credit and insurance programs in the 
     Overseas Private Investment Corporation Noncredit Account and 
     merged with said account.

                  Funds Appropriated to the President


                      trade and development agency

       For necessary expenses to carry out the provisions of 
     section 661 of the Foreign Assistance Act of 1961, 
     $49,000,000, to remain available until September 30, 2006.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

       For expenses necessary to enable the President to carry out 
     the provisions of the Foreign Assistance Act of 1961, and for 
     other purposes, to remain available until September 30, 2005, 
     unless otherwise specified herein, as follows:


           united states agency for international development

                child survival and health programs fund

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapters 1 and 10 of part I of the Foreign Assistance Act of 
     1961, for child survival, health, and family planning/
     reproductive health activities, in addition to funds 
     otherwise available for such purposes, $1,550,000,000, to 
     remain available until September 30, 2007: Provided, That 
     this amount shall be made available for such activities as: 
     (1) immunization programs; (2) oral rehydration programs; (3) 
     health, nutrition, water and sanitation programs which 
     directly address the needs of mothers and children, and 
     related education programs; (4) assistance for children 
     displaced or orphaned by causes other than AIDS; (5) programs 
     for the prevention, treatment, control of, and research on 
     HIV/AIDS, tuberculosis, polio, malaria, and other infectious 
     diseases, and for assistance to communities severely affected 
     by HIV/AIDS, including children displaced or orphaned by 
     AIDS; and (6) family planning/reproductive health: Provided 
     further, That none of the funds appropriated under this 
     heading may be made available for nonproject assistance, 
     except that funds may be made available for such assistance 
     for ongoing health activities: Provided further, That of the 
     funds appropriated under this heading, not to exceed 
     $250,000, in addition to funds otherwise available for such 
     purposes, may be used to monitor and provide oversight of 
     child survival, maternal and family planning/reproductive 
     health, and infectious disease programs: Provided further, 
     That the following amounts should be allocated as follows: 
     $345,000,000 for child survival and maternal

[[Page S9735]]

     health; $30,000,000 for vulnerable children; $600,000,000 for 
     HIV/AIDS including not less than $32,000,000 to support the 
     development of microbicides as a means for combating HIV/
     AIDS; $200,000,000 for other infectious diseases; and 
     $375,000,000 for family planning/reproductive health, 
     including in areas where population growth threatens 
     biodiversity or endangered species: Provided further, That of 
     the funds appropriated under this heading, not less than 
     $250,000,000 shall be made available, notwithstanding any 
     other provision of law, except for the United States 
     Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
     2003 (117 Stat. 711; 22 U.S.C. 1701 et seq.) as amended, for 
     a United States contribution to the Global Fund to Fight 
     AIDS, Tuberculosis and Malaria (the ``Global Fund''), and 
     shall be expended at the minimum rate necessary to make 
     timely payment for projects and activities: Provided further, 
     That of the funds appropriated under this heading that are 
     available for HIV/AIDS programs and activities, not less than 
     $28,000,000 should be made available for the International 
     AIDS Vaccine Initiative and not less than $28,000,000 should 
     be made available for a United States contribution to UNAIDS: 
     Provided further, That of the funds appropriated under this 
     heading, $65,000,000 should be made available for a United 
     States contribution to The Vaccine Fund, and up to $6,000,000 
     may be transferred to and merged with funds appropriated by 
     this Act under the heading ``Operating Expenses of the United 
     States Agency for International Development'' for costs 
     directly related to international health, but funds made 
     available for such costs may not be derived from amounts made 
     available for contribution under this and preceding provisos: 
     Provided further, That restrictions with respect to 
     assistance provided with funds appropriated by this Act for 
     HIV/AIDS, family planning, or child survival and health 
     activities shall not be construed to restrict assistance in 
     support of programs to expand the availability and use of 
     condoms for HIV/AIDS prevention and of contraceptives to 
     reduce the incidence of abortion: Provided further, That 
     nothing in this paragraph shall be construed to alter any 
     existing statutory prohibitions against abortion under 
     section 104 of the Foreign Assistance Act of 1961: Provided 
     further, That none of the funds made available in this Act 
     nor any unobligated balances from prior appropriations may be 
     made available to any organization or program which, as 
     determined by the President of the United States, directly 
     supports coercive abortion or involuntary sterilization: 
     Provided further, That the previous proviso shall not be 
     construed to deny funding to any organization or program 
     solely because the government of a country engages in 
     coercive abortion or involuntary sterilization: Provided 
     further, That none of the funds made available under this Act 
     may be used to pay for the performance of abortion as a 
     method of family planning or to motivate or coerce any person 
     to practice abortions: Provided further, That none of the 
     funds made available under this Act may be used to lobby for 
     or against abortion: Provided further, That in order to 
     reduce reliance on abortion in developing nations, funds 
     shall be available only to voluntary family planning projects 
     which offer, either directly or through referral to, or 
     information about access to, a broad range of family planning 
     methods and services, and that any such voluntary family 
     planning project shall meet the following requirements: (1) 
     service providers or referral agents in the project shall not 
     implement or be subject to quotas, or other numerical 
     targets, of total number of births, number of family planning 
     acceptors, or acceptors of a particular method of family 
     planning (this provision shall not be construed to include 
     the use of quantitative estimates or indicators for budgeting 
     and planning purposes); (2) the project shall not include 
     payment of incentives, bribes, gratuities, or financial 
     reward to: (A) an individual in exchange for becoming a 
     family planning acceptor; or (B) program personnel for 
     achieving a numerical target or quota of total number of 
     births, number of family planning acceptors, or acceptors of 
     a particular method of family planning; (3) the project shall 
     not deny any right or benefit, including the right of access 
     to participate in any program of general welfare or the right 
     of access to health care, as a consequence of any 
     individual's decision not to accept family planning services; 
     (4) the project shall provide family planning acceptors 
     comprehensible information on the health benefits and risks 
     of the method chosen, including those conditions that might 
     render the use of the method inadvisable and those adverse 
     side effects known to be consequent to the use of the method; 
     and (5) the project shall ensure that experimental 
     contraceptive drugs and devices and medical procedures are 
     provided only in the context of a scientific study in which 
     participants are advised of potential risks and benefits; 
     and, not less than 60 days after the date on which the 
     Administrator of the United States Agency for International 
     Development determines that there has been a violation of the 
     requirements contained in paragraph (1), (2), (3), or (5) of 
     this proviso, or a pattern or practice of violations of the 
     requirements contained in paragraph (4) of this proviso, the 
     Administrator shall submit to the Committees on 
     Appropriations a report containing a description of such 
     violation and the corrective action taken by the Agency: 
     Provided further, That in awarding grants for natural family 
     planning under section 104 of the Foreign Assistance Act of 
     1961 no applicant shall be discriminated against because of 
     such applicant's religious or conscientious commitment to 
     offer only natural family planning; and, additionally, all 
     such applicants shall comply with the requirements of the 
     previous proviso: Provided further, That for purposes of this 
     or any other Act authorizing or appropriating funds for 
     foreign operations, export financing, and related programs, 
     the term ``motivate'', as it relates to family planning 
     assistance, shall not be construed to prohibit the provision, 
     consistent with local law, of information or counseling about 
     all pregnancy options: Provided further, That information 
     provided about the use of condoms as part of projects or 
     activities that are funded from amounts appropriated by this 
     Act shall be medically accurate and shall include the public 
     health benefits and failure rates of such use.


                         development assistance

       For necessary expenses of the United States Agency for 
     International Development to carry out the provisions of 
     sections 103, 105, 106, and 131, and chapter 10 of part I of 
     the Foreign Assistance Act of 1961, $1,460,000,000, to remain 
     available until September 30, 2006: Provided, That none of 
     the funds appropriated under title II of this Act that are 
     managed by or allocated to the United States Agency for 
     International Development's Global Development Secretariat, 
     may be made available except through the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That of the funds appropriated under this heading 
     that are made available for assistance programs for displaced 
     and orphaned children and victims of war, not to exceed 
     $37,500, in addition to funds otherwise available for such 
     purposes, may be used to monitor and provide oversight of 
     such programs: Provided further, That of the aggregate amount 
     of the funds appropriated by this Act that are made available 
     for agriculture and rural development programs, $40,000,000 
     shall be made available for plant biotechnology research and 
     development: Provided further, That not less than $2,300,000 
     shall be made available for core support for the 
     International Fertilizer Development Center: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $22,000,000 should be made available for the 
     American Schools and Hospitals Abroad program: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $1,000,000 shall be made available for support 
     of the United States Telecommunications Training Institute: 
     Provided further, That of the funds appropriated under this 
     heading, not less than $2,000,000 shall be made available for 
     support of the International Real Property Foundation: 
     Provided further, That of the funds appropriated under this 
     heading, not less than $5,000,000 should be made available 
     for pilot programs in the Democratic Republic of the Congo, 
     Uganda, Burundi, and Liberia to address sexual and gender-
     based violence: Provided further, That of the funds 
     appropriated under this heading, in addition to funds made 
     available pursuant to the previous proviso, not less than 
     $8,000,000 should be made available for assistance for 
     Liberia: Provided further, That of the funds appropriated 
     under this heading, $2,000,000 shall be made available for 
     Water Missions International to develop clean water treatment 
     projects in developing countries: Provided further, That of 
     the funds appropriated by this Act, $100,000,000 shall be 
     made available for drinking water supply projects and related 
     activities.


              international disaster and famine assistance

       For necessary expenses of the United States Agency for 
     International Development to carry out the provisions of 
     section 491 of the Foreign Assistance Act of 1961 for 
     international disaster relief, rehabilitation, and 
     reconstruction assistance, $335,500,000, to remain available 
     until expended.
       In addition, for necessary expenses for assistance for 
     famine prevention and relief, including for mitigation of the 
     effects of famine, $50,000,000, to remain available until 
     expended: Provided, That such funds shall be made available 
     utilizing the general authorities of section 491 of the 
     Foreign Assistance Act of 1961, and shall be in addition to 
     amounts otherwise available for such purposes: Provided 
     further, That funds appropriated by this paragraph shall be 
     available for obligation subject to prior consultation with 
     the Committees on Appropriations.


                         transition initiatives

       For necessary expenses for international disaster 
     rehabilitation and reconstruction assistance pursuant to 
     section 491 of the Foreign Assistance Act of 1961, 
     $50,000,000, to remain available until expended, to support 
     transition to democracy and to long-term development of 
     countries in crisis: Provided, That such support may include 
     assistance to develop, strengthen, or preserve democratic 
     institutions and processes, revitalize basic infrastructure, 
     and foster the peaceful resolution of conflict: Provided 
     further, That the United States Agency for International 
     Development shall submit a report to the Committees on 
     Appropriations at least 5 days prior to beginning a new 
     program of assistance: Provided further, That if the 
     President determines that is important to the national 
     interests of the United States to provide transition 
     assistance in excess of the amount appropriated under this 
     heading, up to $15,000,000 of the funds appropriated by this 
     Act to carry out the provisions of part I of the Foreign 
     Assistance Act of 1961 may be used for purposes of this 
     heading and under the authorities applicable to funds 
     appropriated under this heading:  Provided further, That 
     funds made available pursuant to the previous proviso shall 
     be made available subject to prior consultation with the 
     Committees on Appropriations.


                      development credit authority

                     (including transfer of funds)

       For the cost of direct loans and loan guarantees provided 
     by the United States Agency for International Development, as 
     authorized by sections 108 and 635 of the Foreign Assistance 
     Act of 1961, funds may be derived by transfer from funds 
     appropriated by this Act to carry out part I of such Act and 
     under the heading ``Assistance for Eastern Europe and the 
     Baltic

[[Page S9736]]

     States'': Provided, That such funds shall not exceed 
     $21,000,000, which shall be made available only for micro and 
     small enterprise programs, urban programs, and other programs 
     which further the purposes of part I of the Act: Provided 
     further, That such costs, including the cost of modifying 
     such direct and guaranteed loans, shall be as defined in 
     section 502 of the Congressional Budget Act of 1974, as 
     amended: Provided further, That these funds are available to 
     subsidize total loan principal, any part of which is to be 
     guaranteed, of up to $700,000,000: Provided further, That the 
     provisions of section 107A(d) (relating to general provisions 
     applicable to the Development Credit Authority) of the 
     Foreign Assistance Act of 1961, as contained in section 306 
     of H.R. 1486 as reported by the House Committee on 
     International Relations on May 9, 1997, shall be applicable 
     to direct loans and loan guarantees provided under this 
     heading: Provided further,  That funds made available by this 
     paragraph may be used for the cost of modifying any such 
     guaranteed loans under this Act or prior Acts, and funds used 
     for such costs shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       In addition, for administrative expenses to carry out 
     credit programs administered by the United States Agency for 
     International Development, $8,000,000, which may be 
     transferred to and merged with the appropriation for 
     Operating Expenses of the United States Agency for 
     International Development: Provided, That funds made 
     available under this heading shall remain available until 
     September 30, 2007.


     payment to the foreign service retirement and disability fund

       For payment to the ``Foreign Service Retirement and 
     Disability Fund'', as authorized by the Foreign Service Act 
     of 1980, $42,500,000.


   operating expenses of the united states agency for international 
                              development

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance Act of 1961, 
     $618,000,000, of which up to $25,000,000 may remain available 
     until September 30, 2006: Provided, That none of the funds 
     appropriated under this heading and under the heading 
     ``Capital Investment Fund'' may be made available to finance 
     the construction (including architect and engineering 
     services), purchase, or long-term lease of offices for use by 
     the United States Agency for International Development, 
     unless the Administrator has identified such proposed 
     construction (including architect and engineering services), 
     purchase, or long-term lease of offices in a report submitted 
     to the Committees on Appropriations at least 15 days prior to 
     the obligation of these funds for such purposes: Provided 
     further, That the previous proviso shall not apply where the 
     total cost of construction (including architect and 
     engineering services), purchase, or long-term lease of 
     offices does not exceed $1,000,000: Provided further, That 
     contracts or agreements entered into with funds appropriated 
     under this heading may entail commitments for the expenditure 
     of such funds through fiscal year 2006: Provided further, 
     That none of the funds in this Act may be used to open a new 
     overseas mission of the United States Agency for 
     International Development without the prior written 
     notification of the Committees on Appropriations: Provided 
     further, That the authority of sections 610 and 109 of the 
     Foreign Assistance Act of 1961 may be exercised by the 
     Secretary of State to transfer funds appropriated to carry 
     out chapter 1 of part I of such Act to ``Operating Expenses 
     of the United States Agency for International Development'' 
     in accordance with the provisions of those sections.


                        Capital investment fund

       For necessary expenses for overseas construction and 
     related costs, and for the procurement and enhancement of 
     information technology and related capital investments, 
     pursuant to section 667 of the Foreign Assistance Act of 
     1961, $59,000,000, to remain available until expended: 
     Provided, That this amount is in addition to funds otherwise 
     available for such purposes: Provided further, That the 
     Administrator of the United States Agency for International 
     Development shall assess fair and reasonable rental payments 
     for the use of space by employees of other United States 
     Government agencies in buildings constructed using funds 
     appropriated under this heading, and such rental payments 
     shall be deposited into this account as an offsetting 
     collection: Provided further, That the rental payments 
     collected pursuant to the previous proviso and deposited as 
     an offsetting collection shall be available for obligation 
     only pursuant to the regular notification procedures of the 
     Committees on Appropriations: Provided further, That the 
     assignment of United States Government employees or 
     contractors to space in buildings constructed using funds 
     appropriated under this heading shall be subject to the 
     concurrence of the Administrator of the United States Agency 
     for International Development: Provided further, That funds 
     appropriated under this heading shall be available for 
     obligation only pursuant to the regular notification 
     procedures of the Committees on Appropriations.


   operating expenses of the united states agency for international 
                development office of inspector general

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance Act of 1961, 
     $35,000,000, to remain available until September 30, 2006, 
     which sum shall be available for the Office of the Inspector 
     General of the United States Agency for International 
     Development.

                  Other Bilateral Economic Assistance


                         economic support fund

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II, $2,470,000,000, to remain available 
     until September 30, 2006: Provided, That of the funds 
     appropriated under this heading, not less than $360,000,000 
     shall be available only for Israel, which sum shall be 
     available on a grant basis as a cash transfer and shall be 
     disbursed within 30 days of the enactment of this Act or by 
     October 31, 2004, whichever is later: Provided further, That 
     not less than $535,000,000 shall be available only for Egypt, 
     which sum shall be provided on a grant basis, and of which 
     sum cash transfer assistance shall be provided with the 
     understanding that Egypt will undertake significant economic 
     and political reforms which are additional to those which 
     were undertaken in previous fiscal years, and of which not 
     more than $200,000,000 shall be provided as Commodity Import 
     Program assistance: Provided further, That with respect to 
     the provision of assistance for Egypt for democracy and 
     governance activities, the organizations implementing such 
     assistance and the specific nature of that assistance shall 
     not be subject to the prior approval by the Government of 
     Egypt: Provided further, That in exercising the authority to 
     provide cash transfer assistance for Israel, the President 
     shall ensure that the level of such assistance does not cause 
     an adverse impact on the total level of nonmilitary exports 
     from the United States to such country and that Israel enters 
     into a side letter agreement in an amount proportional to the 
     fiscal year 1999 agreement: Provided further, That of the 
     funds appropriated under this heading, not less than 
     $250,000,000 shall be made available only for assistance for 
     Jordan: Provided further, That funds appropriated under this 
     heading shall be made available for administrative costs of 
     the United States Agency for International Development to 
     implement regional programs in Asia and the Near East, 
     including the Middle East Partnership Initiative, in addition 
     to amounts otherwise available for such purposes: Provided 
     further, That $13,500,000 of the funds appropriated under 
     this heading shall be made available for Cyprus to be used 
     only for scholarships, administrative support of the 
     scholarship program, bicommunal projects, and measures aimed 
     at reunification of the island and designed to reduce 
     tensions and promote peace and cooperation between the two 
     communities on Cyprus: Provided further, That $35,000,000 of 
     the funds appropriated under this heading shall be made 
     available for assistance for Lebanon, of which not less than 
     $4,000,000 should be made available to American educational 
     institutions for scholarships and direct support: Provided 
     further, That notwithstanding section 5034(a) of this Act, 
     funds appropriated under this heading that are made available 
     for assistance for the Central Government of Lebanon shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations: Provided further, That not to 
     exceed $200,000,000 of the funds appropriated under this 
     heading may be used for the costs, as defined in section 502 
     of the Congressional Budget Act of 1974, of modifying direct 
     loans and guarantees for Pakistan: Provided further, That 
     amounts that are made available under the previous proviso 
     for the costs of modifying direct loans and guarantees shall 
     not be considered ``assistance'' for the purposes of 
     provisions of law limiting assistance to a country: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $22,000,000 shall be made available for 
     assistance for the Democratic Republic of Timor-Leste, of 
     which up to $1,000,000 may be available for administrative 
     expenses of the United States Agency for International 
     Development: Provided further, That of the funds available 
     under this heading for assistance for Indonesia, not less 
     than $3,000,000 shall be made available to Internews to 
     promote freedom of the media in Indonesia and not less than 
     $2,000,000 shall be made available for economic development 
     programs conducted by Indonesian universities: Provided 
     further, That of the funds available under this heading for 
     assistance for Jordan, $5,000,000 should be made available 
     for the Rosary Sisters Hospital in Jordan: Provided further, 
     That of the funds available under this heading for the 
     ``Middle East Partnership Initiative'', up to $4,500,000 may 
     be made available for scholarship programs for students from 
     countries with significant Muslim populations at American 
     institutions of higher education in the Middle East that are 
     accredited by an accrediting agency recognized by the United 
     States Department of Education: Provided further, That of the 
     funds appropriated under this heading, not less than 
     $2,500,000 should be made available for technical assistance 
     for countries to implement and enforce the Kimberley Process 
     Certification Scheme: Provided further, That of the funds 
     appropriated under this heading, not less than $3,750,000 
     should be made available for East Asia and Pacific 
     Environment Initiatives: Provided further, That of the funds 
     appropriated under this heading, not less than $10,000,000 
     should be made available for assistance for Kenya: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $25,000,000 should be made available for 
     assistance for Liberia: Provided further, That of the funds 
     appropriated under this heading, not less than $500,000 
     should be made available to support the Commission to 
     Investigate Illegal Groups and Clandestine Security Apparatus 
     in Guatemala: Provided further, That of the funds 
     appropriated under this heading, $3,000,000 shall be made 
     available for the Foundation for Security and Sustainability: 
     Provided further, That of the funds appropriated under this 
     heading that are made available for assistance for Pakistan, 
     not less than $10,000,000 should be made available to support 
     programs and activities conducted by indigenous organizations 
     that seek to further educational, health, employment, and 
     other opportunities for the people of Pakistan, of which up 
     to $4,000,000 should be made available for the Pakistan Human 
     Development Fund and $1,000,000 for the Amanut Society: 
     Provided further, That of the funds appropriated under this 
     heading, $10,000,000 shall

[[Page S9737]]

     be made available to continue to support the provision of 
     wheelchairs for needy persons in developing countries: 
     Provided further, That funds appropriated under this heading 
     that are made available for a Middle East Financing Facility, 
     Middle East Enterprise Fund, or any other similar entity in 
     the Middle East shall be subject to the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That with respect to funds appropriated under this 
     heading in this Act or prior Acts making appropriations for 
     foreign operations, export financing, and related programs, 
     the responsibility for policy decisions and justifications 
     for the use of such funds, including whether there will be a 
     program for a country that uses those funds and the amount of 
     each such program, shall be the responsibility of the 
     Secretary of State and the Deputy Secretary of State and this 
     responsibility shall not be delegated.


          assistance for eastern europe and the baltic states

       (a) For necessary expenses to carry out the provisions of 
     the Foreign Assistance Act of 1961 and the Support for East 
     European Democracy (SEED) Act of 1989, $410,000,000, to 
     remain available until September 30, 2006, which shall be 
     available, notwithstanding any other provision of law, for 
     assistance and for related programs for Eastern Europe and 
     the Baltic States: Provided, That of the funds appropriated 
     under this heading that are made available for assistance for 
     Bulgaria, $2,000,000 shall be made available to enhance 
     safety at nuclear power plants: Provided further, That of the 
     funds appropriated under this heading, not more than 
     $87,000,000 may be made available for assistance for Serbia: 
     Provided further, That the amount contained in the previous 
     proviso shall be reduced by an amount equal to the amount of 
     financial and other support, as determined by the Secretary 
     of State, that Serbia has provided to Slobodan Milosevic and 
     other indicted war criminals, and their families, during 
     calendar year 2004: Provided further, That funds appropriated 
     under this heading shall be made available for programs and 
     countries in the amounts contained in the table included in 
     the report accompanying this Act: Provided further, That any 
     proposed increases or decreases to the amounts contained in 
     such table shall be subject to the regular notification 
     procedures of the Committees on Appropriations and section 
     634A of the Foreign Assistance Act of 1961 and notifications 
     shall be transmitted at least 15 days in advance of the 
     obligation of funds.
       (b) Funds appropriated under this heading shall be 
     considered to be economic assistance under the Foreign 
     Assistance Act of 1961 for purposes of making available the 
     administrative authorities contained in that Act for the use 
     of economic assistance.
       (c) Notwithstanding any provision of this or any other Act, 
     local currencies generated by, or converted from, funds 
     appropriated by this Act and by previous appropriations Acts 
     and made available for the economic revitalization program in 
     Bosnia may be used in Eastern Europe and the Baltic States to 
     carry out the provisions of the Foreign Assistance Act of 
     1961 and the Support for East European Democracy (SEED) Act 
     of 1989.


    assistance for the independent states of the former soviet union

       (a) For necessary expenses to carry out the provisions of 
     chapters 11 and 12 of part I of the Foreign Assistance Act of 
     1961 and the FREEDOM Support Act, for assistance for the 
     Independent States of the former Soviet Union and for related 
     programs, $560,000,000, to remain available until September 
     30, 2006: Provided, That the provisions of such chapters 
     shall apply to funds appropriated by this paragraph: Provided 
     further, That funds made available for the Southern Caucasus 
     region may be used, notwithstanding any other provision of 
     law, for confidence-building measures and other activities in 
     furtherance of the peaceful resolution of the regional 
     conflicts, especially those in the vicinity of Abkhazia and 
     Nagorno-Karabagh: Provided further, That of the funds 
     appropriated under this heading, $8,000,000 should be 
     available only to meet the health and other assistance needs 
     of victims of trafficking in persons: Provided further, That 
     of the funds appropriated under this heading, $20,000,000 
     shall be made available solely for assistance for the Russian 
     Far East: Provided further, That of the funds appropriated 
     under this heading, $6,000,000 should be made available for 
     an emergency operations center in Kazakhstan: Provided 
     further, That, notwithstanding any other provision of law, 
     funds appropriated under this heading in this Act or prior 
     Acts making appropriations for foreign operations, export 
     financing, and related programs, that are made available 
     pursuant to the provisions of section 807 of Public Law 102-
     511 shall be subject to a 6 percent ceiling on administrative 
     expenses: Provided further, That funds appropriated under 
     this heading shall be made available for programs and 
     countries in the amounts contained in the table included in 
     the report accompanying this Act: Provided further, That any 
     proposed increases or decreases to the amounts contained in 
     such table shall be subject to the regular notification 
     procedures of the Committees on Appropriations and section 
     634A of the Foreign Assistance Act of 1961 and notifications 
     shall be transmitted at least 15 days in advance of the 
     obligation of funds.
       (b) Of the funds appropriated under this heading that are 
     made available for assistance for Ukraine, not less than 
     $5,000,000 shall be made available for nuclear reactor safety 
     initiatives, and not less than $3,000,000 shall be made 
     available for coal mine safety programs.
       (c) Of the funds appropriated under this heading, not less 
     than $93,000,000 shall be made available for assistance for 
     Russia, of which not less than $4,000,000 shall be made 
     available to the National Endowment for Democracy for 
     democracy, human rights and rule of law programs.
       (d) Of the funds appropriated under this heading, not less 
     than $75,000,000 shall be made available for assistance for 
     Armenia.
       (e) Of the funds appropriated under this heading, not less 
     than $6,500,000 shall be made available for democracy, human 
     rights, and rule of law programs in Belarus.
       (f)(1) Of the funds appropriated under this heading that 
     are allocated for assistance for the Government of the 
     Russian Federation, 60 percent shall be withheld from 
     obligation until the President determines and certifies in 
     writing to the Committees on Appropriations that the 
     Government of the Russian Federation:
       (A) has terminated implementation of arrangements to 
     provide Iran with technical expertise, training, technology, 
     or equipment necessary to develop a nuclear reactor, related 
     nuclear research facilities or programs, or ballistic missile 
     capability; and
       (B) is providing full access to international non-
     government organizations providing humanitarian relief to 
     refugees and internally displaced persons in Chechnya.
       (2) Paragraph (1) shall not apply to--
       (A) assistance to combat infectious diseases, child 
     survival activities, or assistance for victims of trafficking 
     in persons; and
       (B) activities authorized under title V (Nonproliferation 
     and Disarmament Programs and Activities) of the FREEDOM 
     Support Act.
       (g) Section 907 of the FREEDOM Support Act shall not apply 
     to--
       (1) activities to support democracy or assistance under 
     title V of the FREEDOM Support Act and section 1424 of Public 
     Law 104-201 or non-proliferation assistance;
       (2) any assistance provided by the Trade and Development 
     Agency under section 661 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2421);
       (3) any activity carried out by a member of the United 
     States and Foreign Commercial Service while acting within his 
     or her official capacity;
       (4) any insurance, reinsurance, guarantee or other 
     assistance provided by the Overseas Private Investment 
     Corporation under title IV of chapter 2 of part I of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
       (5) any financing provided under the Export-Import Bank Act 
     of 1945; or
       (6) humanitarian assistance.

                          Independent Agencies


                       INTER-AMERICAN FOUNDATION

       For necessary expenses to carry out the functions of the 
     Inter-American Foundation in accordance with the provisions 
     of section 401 of the Foreign Assistance Act of 1969, 
     $19,000,000, to remain available until September 30, 2006.


                     AFRICAN DEVELOPMENT FOUNDATION

       For necessary expenses to carry out title V of the 
     International Security and Development Cooperation Act of 
     1980, Public Law 96-533, $20,000,000, to remain available 
     until September 30, 2006: Provided, That funds made available 
     to grantees may be invested pending expenditure for project 
     purposes when authorized by the board of directors of the 
     Foundation: Provided further, That interest earned shall be 
     used only for the purposes for which the grant was made: 
     Provided further, That notwithstanding section 505(a)(2) of 
     the African Development Foundation Act, in exceptional 
     circumstances the board of directors of the Foundation may 
     waive the $250,000 limitation contained in that section with 
     respect to a project: Provided further, That the Foundation 
     shall provide a report to the Committees on Appropriations 
     after each time such waiver authority is exercised.


                              peace corps

       For necessary expenses to carry out the provisions of the 
     Peace Corps Act (75 Stat. 612), $310,000,000, including the 
     purchase of not to exceed five passenger motor vehicles for 
     administrative purposes for use outside of the United States: 
     Provided, That none of the funds appropriated under this 
     heading shall be used to pay for abortions: Provided further, 
     That funds appropriated under this heading shall remain 
     available until September 30, 2006.


                    millennium challenge corporation

       For necessary expenses for the ``Millennium Challenge 
     Account'', $1,120,000,000, to remain available until 
     expended.

                          Department of State


                       global hiv/aids initiative

       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961 for the prevention, treatment, 
     and control of, and research on, HIV/AIDS, $1,450,000,000, to 
     remain available until expended: Provided, That increased 
     emphasis should be given to building local capacity of 
     foreign governments and nongovernmental organizations to 
     implement sustainable HIV/AIDS prevention, care and treatment 
     programs as a component of national health care delivery 
     systems: Provided further, That of the funds appropriated 
     under this heading, $25,000,000 shall be made available for 
     HIV/AIDS education and outreach programs that utilize state 
     of the art information technology: Provided further, That of 
     the funds appropriated under the headings ``Assistance for 
     Eastern Europe and the Baltic States'', ``Assistance for the 
     Independent States of the Former Soviet Union'', ``Andean 
     Counterdrug Initiative'', ``Foreign Military Financing 
     Program'', and ``Economic Support Fund'', not less than 
     $42,000,000 shall be made available for programs for the 
     prevention, treatment, and control of, and research on, HIV/
     AIDS, tuberculosis, and malaria: Provided further, That of 
     the funds appropriated under this heading, not more than 
     $8,818,000 may be made available for administrative expenses 
     of the office of the Coordinator of United States Government 
     Activities to Combat HIV/AIDS Globally of the Department of 
     State.

[[Page S9738]]

          international narcotics control and law enforcement

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961, $328,820,000, to remain 
     available until September 30, 2007: Provided, That during 
     fiscal year 2005, the Department of State may also use the 
     authority of section 608 of the Foreign Assistance Act of 
     1961, without regard to its restrictions, to receive excess 
     property from an agency of the United States Government for 
     the purpose of providing it to a foreign country under 
     chapter 8 of part I of that Act subject to the regular 
     notification procedures of the Committees on Appropriations: 
     Provided further, That of the funds appropriated under this 
     heading, $15,000,000 should be made available for anti-
     trafficking in persons programs, including trafficking 
     prevention, protection and assistance for victims, and 
     prosecution of traffickers: Provided further, That the 
     Secretary of State shall provide to the Committees on 
     Appropriations not later than 45 days after the date of the 
     enactment of this Act and prior to the initial obligation of 
     funds appropriated under this heading, a report on the 
     proposed uses of all funds under this heading on a country-
     by-country basis for each proposed program, project, or 
     activity: Provided further, That of the funds appropriated 
     under this heading, not less than $17,000,000 should be made 
     available for training programs and activities of the 
     International Law Enforcement Academies: Provided further, 
     That of the funds appropriated under this heading, not less 
     than $12,000,000 shall be made available for assistance for 
     the Philippines for police training and other related 
     activities: Provided further, That of the funds appropriated 
     under this heading, $3,000,000 shall be made available for 
     assistance for the Government of Malta for the purchase of 
     helicopters to enhance its ability to control its borders and 
     deter terrorists: Provided further, That of the funds 
     appropriated under this heading, $5,000,000 shall be made 
     available for combating piracy of United States intellectual 
     property: Provided further, That of the funds appropriated 
     under this heading, not less than $1,500,000 should be made 
     available to the International Foundation of Hope for 
     alternative crop programs in Nangarhar Province, Afghanistan: 
     Provided further, That of the funds appropriated under this 
     heading, not less than $1,000,000 should be made available 
     for police training in the Democratic Republic of Timor-
     Leste: Provided further, That of the funds appropriated under 
     this heading, not more than $26,117,000 may be available for 
     administrative expenses.


                     andean counterdrug initiative

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961 to support counterdrug 
     activities in the Andean region of South America, 
     $731,000,000, to remain available until September 30, 2007: 
     Provided, That in fiscal year 2005, funds available to the 
     Department of State for assistance to the Government of 
     Colombia shall be available to support a unified campaign 
     against narcotics trafficking, against activities by 
     organizations designated as terrorist organizations such as 
     the Revolutionary Armed Forces of Colombia (FARC), the 
     National Liberation Army (ELN), and the United Self-Defense 
     Forces of Colombia (AUC), and to take actions to protect 
     human health and welfare in emergency circumstances, 
     including undertaking rescue operations: Provided further, 
     That this authority shall cease to be effective if the 
     Secretary of State has credible evidence that the Colombian 
     Armed Forces are not conducting vigorous operations to 
     restore government authority and respect for human rights in 
     areas under the effective control of paramilitary and 
     guerrilla organizations: Provided further, That the President 
     shall ensure that if any helicopter procured with funds under 
     this heading is used to aid or abet the operations of any 
     illegal self-defense group or illegal security cooperative, 
     such helicopter shall be immediately returned to the United 
     States: Provided further, That the Secretary of State, in 
     consultation with the Administrator of the United States 
     Agency for International Development, shall provide to the 
     Committees on Appropriations not later than 45 days after the 
     date of the enactment of this Act and prior to the initial 
     obligation of funds appropriated under this heading, a report 
     on the proposed uses of all funds under this heading on a 
     country-by-country basis for each proposed program, project, 
     or activity: Provided further, That of the funds appropriated 
     under this heading, not less than $272,000,000 shall be made 
     available for alternative development/institution building, 
     of which $240,000,000 shall be apportioned directly to the 
     United States Agency for International Development, including 
     $140,000,000 for assistance for Colombia: Provided further, 
     That with respect to funds apportioned to the United States 
     Agency for International Development under the previous 
     proviso, the responsibility for policy decisions for the use 
     of such funds, including what activities will be funded and 
     the amount of funds that will be provided for each of those 
     activities, shall be the responsibility of the Administrator 
     of the United States Agency for International Development in 
     consultation with the Assistant Secretary of State for 
     International Narcotics and Law Enforcement Affairs: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $6,000,000 should be made available for 
     judicial reform programs in Colombia: Provided further, That 
     of the funds appropriated under this heading, in addition to 
     funds made available pursuant to the previous proviso, not 
     less than $6,000,000 shall be made available to the United 
     States Agency for International Development for organizations 
     and programs to protect human rights: Provided further, That 
     funds appropriated by this Act that are otherwise available 
     for such purposes may be made available to support the 
     demobilization of illegal armed groups in Colombia only if 
     the Secretary of State certifies to the Committees on 
     Appropriations that: (1) the Colombian legal framework 
     governing the demobilization of such groups provides for 
     prosecution and punishment, in proportion to the crimes 
     committed, of those responsible for gross violations of human 
     rights and drug trafficking; (2) actions are being taken by 
     the Government of Colombia to ensure the dismantling of 
     underlying structures of such groups, including the seizure 
     of financial and real property assets; (3) actions are being 
     taken by the Government of Colombia to enable the return of 
     civilians forcibly displaced by such groups; and (4) the 
     Government of Colombia has not enacted legislation 
     inconsistent with its obligations under the United States-
     Colombian treaty on extradition, and has committed to the 
     United States that it will continue to extradite Colombian 
     citizens to the United States, including members of such 
     illegal armed groups, in accordance with that treaty: 
     Provided further, That not more than 20 percent of the funds 
     appropriated by this Act that are used for the procurement of 
     chemicals for aerial coca and poppy fumigation programs may 
     be made available for such programs unless the Secretary of 
     State certifies to the Committees on Appropriations that: (1) 
     the herbicide mixture is being used in accordance with EPA 
     label requirements for comparable use in the United States 
     and with Colombian laws; and (2) the herbicide mixture, in 
     the manner it is being used, does not pose unreasonable risks 
     or adverse effects to humans or the environment: Provided 
     further, That such funds may not be made available unless the 
     Secretary of State certifies to the Committees on 
     Appropriations that complaints of harm to health or licit 
     crops caused by such fumigation are evaluated and fair 
     compensation is being paid for meritorious claims: Provided 
     further, That such funds may not be made available for such 
     purposes unless programs are being implemented by the United 
     States Agency for International Development, the Government 
     of Colombia, or other organizations, in consultation with 
     local communities, to provide alternative sources of income 
     in areas where security permits for small-acreage growers 
     whose illicit crops are targeted for fumigation: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $2,000,000 should be made available through 
     nongovernmental organizations for programs to protect 
     biodiversity and indigenous reserves in Colombia: Provided 
     further, That funds appropriated by this Act may be used for 
     aerial fumigation in Colombia's national parks or reserves 
     only if the Secretary of State certifies that it is in 
     accordance with Colombian laws and that there are no 
     effective alternatives to reduce drug cultivation in these 
     areas: Provided further, That section 482(b) of the Foreign 
     Assistance Act of 1961 shall not apply to funds appropriated 
     under this heading: Provided further, That assistance 
     provided with funds appropriated under this heading that is 
     made available notwithstanding section 482(b) of the Foreign 
     Assistance Act of 1961 shall be made available subject to the 
     regular notification procedures of the Committees on 
     Appropriations: Provided further, That no United States Armed 
     Forces personnel or United States civilian contractor 
     employed by the United States will participate in any combat 
     operation in connection with assistance made available by 
     this Act for Colombia: Provided further, That funds 
     appropriated under this heading that are available for 
     assistance for the Bolivian military and police are subject 
     to the regular notification procedures of the Committees on 
     Appropriations and may be made available for such purposes 
     only if the Bolivian military and police are respecting human 
     rights and cooperating with civilian judicial authorities, 
     and the Bolivian Government is prosecuting and punishing 
     those responsible for violations of human rights: Provided 
     further, That of the funds appropriated under this heading, 
     not more than $16,285,000 may be available for administrative 
     expenses of the Department of State, and not more than 
     $4,500,000 may be available, in addition to amounts otherwise 
     available for such purposes, for administrative expenses of 
     the United States Agency for International Development.


                    migration and refugee assistance

       For expenses, not otherwise provided for, necessary to 
     enable the Secretary of State to provide, as authorized by 
     law, a contribution to the International Committee of the Red 
     Cross, assistance to refugees, including contributions to the 
     International Organization for Migration and the United 
     Nations High Commissioner for Refugees, and other activities 
     to meet refugee and migration needs; salaries and expenses of 
     personnel and dependents as authorized by the Foreign Service 
     Act of 1980; allowances as authorized by sections 5921 
     through 5925 of title 5, United States Code; purchase and 
     hire of passenger motor vehicles; and services as authorized 
     by section 3109 of title 5, United States Code, $775,000,000, 
     which shall remain available until expended: Provided, That 
     not more than $22,000,000 may be available for administrative 
     expenses: Provided further, That not less than $50,000,000 of 
     the funds made available under this heading shall be made 
     available for refugees from the former Soviet Union and 
     Eastern Europe and other refugees resettling in Israel: 
     Provided further, That funds made available under this 
     heading should be made available to international 
     organizations for assistance for refugees from North Korea: 
     Provided further, That funds made available under this 
     heading and the heading ``Emergency Migration and Refugee 
     Assistance Fund'' shall be made available to nongovernmental 
     organizations located in Thailand for humanitarian assistance 
     inside Burma: Provided further, That funds appropriated under 
     this heading may be made available for a headquarters 
     contribution to the

[[Page S9739]]

     International Committee of the Red Cross only if the 
     Secretary of State determines (and so reports to the 
     appropriate committees of Congress) that the Magen David Adom 
     Society of Israel is not being denied participation in the 
     activities of the International Red Cross and Red Crescent 
     Movement.


     united states emergency refugee and migration assistance fund

       For necessary expenses to carry out the provisions of 
     section 2(c) of the Migration and Refugee Assistance Act of 
     1962, as amended (22 U.S.C. 2601(c)), $50,000,000, to remain 
     available until expended: Provided, That funds made available 
     under this heading are appropriated notwithstanding the 
     provisions contained in section 2(c)(2) of such Act which 
     would limit the amount of funds which could be appropriated 
     for this purpose.


    nonproliferation, anti-terrorism, demining and related programs

       For necessary expenses for nonproliferation, anti-
     terrorism, demining and related programs and activities, 
     $415,200,000, to carry out the provisions of chapter 8 of 
     part II of the Foreign Assistance Act of 1961 for anti-
     terrorism assistance, chapter 9 of part II of the Foreign 
     Assistance Act of 1961, section 504 of the FREEDOM Support 
     Act, section 23 of the Arms Export Control Act or the Foreign 
     Assistance Act of 1961 for demining activities, the clearance 
     of unexploded ordnance, the destruction of small arms, and 
     related activities, notwithstanding any other provision of 
     law, including activities implemented through nongovernmental 
     and international organizations, and section 301 of the 
     Foreign Assistance Act of 1961 for a voluntary contribution 
     to the International Atomic Energy Agency (IAEA), and for a 
     United States contribution to the Comprehensive Nuclear Test 
     Ban Treaty Preparatory Commission: Provided, That of this 
     amount not to exceed $34,500,000, to remain available until 
     expended, may be made available for the Nonproliferation and 
     Disarmament Fund, notwithstanding any other provision of law, 
     to promote bilateral and multilateral activities relating to 
     nonproliferation and disarmament: Provided further, That such 
     funds may also be used for such countries other than the 
     Independent States of the former Soviet Union and 
     international organizations when it is in the national 
     security interest of the United States to do so: Provided 
     further, That funds appropriated under this heading may be 
     made available for the International Atomic Energy Agency 
     only if the Secretary of State determines (and so reports to 
     the Congress) that Israel is not being denied its right to 
     participate in the activities of that Agency: Provided 
     further, That funds available during fiscal year 2005 for a 
     contribution to the Comprehensive Nuclear Test Ban Treaty 
     Preparatory Commission and that are not necessary to make the 
     United States contribution to the Commission in the amount 
     assessed for fiscal year 2005 shall be made available for a 
     voluntary contribution to the International Atomic Energy 
     Agency and shall remain available until September 30, 2006: 
     Provided further, That of the funds made available for 
     demining and related activities, not to exceed $690,000, in 
     addition to funds otherwise available for such purposes, may 
     be used for administrative expenses related to the operation 
     and management of the demining program: Provided further, 
     That the Secretary of State is authorized to provide, from 
     funds appropriated under this heading in this Act and each 
     subsequent Act making appropriations for foreign operations, 
     export financing and related programs, not to exceed $250,000 
     for public-private partnerships for mine action by grant, 
     cooperative agreement, or contract: Provided further, That 
     funds appropriated under this heading that are available for 
     ``Anti-terrorism Assistance'' and ``Export Control and Border 
     Security'' shall remain available until September 30, 2006: 
     Provided further, That of the funds appropriated under this 
     heading, $10,000,000 should be made available for mobile 
     robot systems and radiation detection technology to combat 
     international terrorism: Provided further, That funds 
     appropriated under this heading shall be made available for 
     programs and countries in the amounts contained in the table 
     included in the report accompanying this Act: Provided 
     further, That any proposed increases or decreases to the 
     amounts contained in such table shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations and section 634A of the Foreign Assistance Act 
     of 1961 and notifications shall be transmitted at least 15 
     days in advance of the obligation of funds: Provided further, 
     That of the funds appropriated under this heading, 
     $10,000,000 should be made available to reduce the threat 
     that man-portable air defense systems (`MANPADS') could be 
     acquired by terrorists or by state sponsors of terrorism.


                         CONFLICT RESPONSE FUND

       For necessary expenses to assist in stabilizing and 
     reconstructing a country that is in, or is in transition 
     from, conflict or civil strife, $20,000,000, to remain 
     available until expended: Provided, That funds available 
     under this paragraph may be used for assistance for a country 
     only if the Secretary of State determines and reports to the 
     Committees on Appropriations, that it is important to the 
     national security interest of the United States to do so and 
     consults with the Committees on Appropriations prior to 
     making any such determination: Provided further, That the 
     responsibility for this determination required by the 
     previous proviso and policy decisions and justifications for 
     the use of funds made available under the authority of this 
     paragraph, including the amount of assistance provided to a 
     country under this authority, shall be the responsibility of 
     the Secretary of State and the Deputy Secretary of State and 
     shall not be delegated: Provided further, That the President 
     may exercise the authority of section 552 of the Foreign 
     Assistance Act of 1961, without regard and in addition to the 
     dollar limitations contained in that section, to furnish 
     assistance under this heading with respect to any country 
     that is the subject of a determination made under this 
     heading: Provided further, That assistance furnished under 
     this heading for any country that is the subject of a 
     determination under this heading may be made available 
     notwithstanding any other provision of law: Provided further, 
     That the previous proviso shall not apply to section 5051 of 
     this Act: Provided further, That the administrative 
     authorities of the Foreign Assistance Act of 1961 shall be 
     applicable to the funds and resources available under this 
     paragraph: Provided further, That up to 5 percent of the 
     funds available under this paragraph may be made available 
     for the administrative costs of United States Government 
     agencies implementing activities under this paragraph: 
     Provided further, That funds and resources available under 
     this heading shall be subject to the regular notification 
     procedures of the Committees on Appropriations except that 
     such notifications shall be transmitted at least 5 days in 
     advance of the obligation of funds.

                       Department of the Treasury


               International Affairs Technical Assistance

       For necessary expenses to carry out the provisions of 
     section 129 of the Foreign Assistance Act of 1961, 
     $17,500,000, to remain available until September 30, 2007, 
     which shall be available notwithstanding any other provision 
     of law.


                           DEBT RESTRUCTURING

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees, as the President may determine, for which funds 
     have been appropriated or otherwise made available for 
     programs within the International Affairs Budget Function 
     150, including the cost of selling, reducing, or canceling 
     amounts owed to the United States as a result of concessional 
     loans made to eligible countries, pursuant to parts IV and V 
     of the Foreign Assistance Act of 1961, and of modifying 
     concessional credit agreements with least developed 
     countries, as authorized under section 411 of the 
     Agricultural Trade Development and Assistance Act of 1954, as 
     amended, and concessional loans, guarantees and credit 
     agreements, as authorized under section 572 of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 1989 (Public Law 100-461), and of 
     canceling amounts owed, as a result of loans or guarantees 
     made pursuant to the Export-Import Bank Act of 1945, by 
     countries that are eligible for debt reduction pursuant to 
     title V of H.R. 3425 as enacted into law by section 
     1000(a)(5) of Public Law 106-113, $95,000,000, to remain 
     available until September 30, 2007: Provided, That not less 
     than $20,000,000 of the funds appropriated under this heading 
     shall be made available to carry out the provisions of part V 
     of the Foreign Assistance Act of 1961: Provided further, That 
     $75,000,000 of the funds appropriated under this heading may 
     be used by the Secretary of the Treasury to pay to the 
     Heavily Indebted Poor Countries (HIPC) Trust Fund 
     administered by the International Bank for Reconstruction and 
     Development amounts for the benefit of countries that are 
     eligible for debt reduction pursuant to title V of H.R. 3425 
     as enacted into law by section 1000(a)(5) of Public Law 106-
     113: Provided further, That amounts paid to the HIPC Trust 
     Fund may be used only to fund debt reduction under the 
     enhanced HIPC initiative by--
       (1) the Inter-American Development Bank;
       (2) the African Development Fund;
       (3) the African Development Bank; and
       (4) the Central American Bank for Economic Integration:

     Provided further, That funds may not be paid to the HIPC 
     Trust Fund for the benefit of any country if the Secretary of 
     State has credible evidence that the government of such 
     country is engaged in a consistent pattern of gross 
     violations of internationally recognized human rights or in 
     military or civil conflict that undermines its ability to 
     develop and implement measures to alleviate poverty and to 
     devote adequate human and financial resources to that end: 
     Provided further, That on the basis of final appropriations, 
     the Secretary of the Treasury shall consult with the 
     Committees on Appropriations concerning which countries and 
     international financial institutions are expected to benefit 
     from a United States contribution to the HIPC Trust Fund 
     during the fiscal year: Provided further, That the Secretary 
     of the Treasury shall inform the Committees on Appropriations 
     not less than 15 days in advance of the signature of an 
     agreement by the United States to make payments to the HIPC 
     Trust Fund of amounts for such countries and institutions: 
     Provided further, That the Secretary of the Treasury may 
     disburse funds designated for debt reduction through the HIPC 
     Trust Fund only for the benefit of countries that--
       (1) have committed, for a period of 24 months, not to 
     accept new market-rate loans from the international financial 
     institution receiving debt repayment as a result of such 
     disbursement, other than loans made by such institutions to 
     export-oriented commercial projects that generate foreign 
     exchange which are generally referred to as ``enclave'' 
     loans; and
       (2) have documented and demonstrated their commitment to 
     redirect their budgetary resources from international debt 
     repayments to programs to alleviate poverty and promote 
     economic growth that are additional to or expand upon those 
     previously available for such purposes:

     Provided further, That any limitation of subsection (e) of 
     section 411 of the Agricultural Trade Development and 
     Assistance Act of 1954 shall not apply to funds appropriated 
     under this heading: Provided further, That none of the funds 
     made available under this heading in this

[[Page S9740]]

     or any other appropriations Act shall be made available for 
     Sudan or Burma unless the Secretary of the Treasury 
     determines and notifies the Committees on Appropriations that 
     a democratically elected government has taken office.

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President


             international military education and training

       For necessary expenses to carry out the provisions of 
     section 541 of the Foreign Assistance Act of 1961, 
     $89,730,000, of which up to $3,000,000 may remain available 
     until expended: Provided, That the civilian personnel for 
     whom military education and training may be provided under 
     this heading may include civilians who are not members of a 
     government whose participation would contribute to improved 
     civil-military relations, civilian control of the military, 
     or respect for human rights: Provided further, That of the 
     funds appropriated under this heading, not less than 
     $2,000,000 shall be made available for assistance for Greece: 
     Provided further, That funds appropriated under this heading 
     for military education and training for Guatemala may only be 
     available for expanded international military education and 
     training, and funds made available for Cambodia, Haiti, the 
     Democratic Republic of the Congo, Nigeria and Guatemala may 
     only be provided through the regular notification procedures 
     of the Committees on Appropriations.


                   foreign military financing program

                     (including transfer of funds)

       For expenses necessary for grants to enable the President 
     to carry out the provisions of section 23 of the Arms Export 
     Control Act, $4,777,500,000: Provided, That of the funds 
     appropriated under this heading, not less than $2,220,000,000 
     shall be available for grants only for Israel, and not less 
     than $1,300,000,000 shall be made available for grants only 
     for Egypt: Provided further, That the funds appropriated by 
     this paragraph for Israel shall be disbursed within 30 days 
     of the enactment of this Act or by October 31, 2004, 
     whichever is later: Provided further, That to the extent that 
     the Government of Israel requests that funds be used for such 
     purposes, grants made available for Israel by this paragraph 
     shall, as agreed by Israel and the United States, be 
     available for advanced weapons systems, of which not less 
     than $583,000,000 shall be available for the procurement in 
     Israel of defense articles and defense services, including 
     research and development: Provided further, That of the funds 
     appropriated by this paragraph, $206,000,000 shall be made 
     available for assistance for Jordan: Provided further, That 
     of the funds appropriated by this paragraph, $5,000,000 may 
     be transferred to and consolidated with funds appropriated 
     under the heading ``Nonproliferation, Anti-Terrorism, 
     Demining and Related Programs'', and made available, in 
     addition to amounts otherwise available for such purposes, as 
     follows: $2,500,000, to remain available until expended, may 
     be made available to carry out the provisions of section 504 
     of the FREEDOM Support Act for the Nonproliferation and 
     Disarmament Fund, notwithstanding any other provision of law, 
     to promote bilateral and multilateral activities relating to 
     nonproliferation and disarmament; and $2,500,000 may be made 
     available as an additional contribution to ``Anti-Terrorism 
     Assistance'' programs: Provided further, That of the funds 
     appropriated by this paragraph, $10,000,000 shall be made 
     available for assistance for Tunisia: Provided further, That 
     of the funds appropriated by this paragraph, $8,000,000 shall 
     be made available for assistance for Armenia: Provided 
     further, That of the funds appropriated by this paragraph, 
     not less than $30,000,000 shall be made available for 
     assistance for Liberia: Provided further, That of the funds 
     appropriated under this heading, not more than $2,000,000 may 
     be made available for assistance for Uganda and only for non-
     lethal military equipment if the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that the Government of Uganda, during the previous six 
     months, has made significant improvements in: (1) the 
     protection of human rights, especially preventing acts of 
     torture; (2) the protection of civilians in northern and 
     eastern Uganda; (3) the professionalization of the Ugandan 
     armed forces, including transparency of military budgets; and 
     (4) the prevention of recruitment of children into armed 
     militias and the demobilization of existing militias: 
     Provided further, That of the funds appropriated under this 
     heading, not less than $15,000,000 shall be made available 
     for assistance for Georgia: Provided further, That in 
     addition to the funds appropriated under this heading, up to 
     $150,000,000 may be derived by transfer from unobligated 
     balances of funds appropriated under the headings ``Economic 
     Support Fund'' and ``Foreign Military Financing Program'' in 
     prior appropriations Acts and not otherwise designated in 
     those Acts for a specific country, use, or purpose: Provided 
     further, That funds appropriated by this paragraph shall be 
     nonrepayable notwithstanding any requirement in section 23 of 
     the Arms Export Control Act: Provided further, That funds 
     made available under this paragraph shall be obligated upon 
     apportionment in accordance with paragraph (5)(C) of title 
     31, United States Code, section 1501(a).
       None of the funds made available under this heading shall 
     be available to finance the procurement of defense articles, 
     defense services, or design and construction services that 
     are not sold by the United States Government under the Arms 
     Export Control Act unless the foreign country proposing to 
     make such procurements has first signed an agreement with the 
     United States Government specifying the conditions under 
     which such procurements may be financed with such funds: 
     Provided, That all country and funding level increases in 
     allocations shall be submitted through the regular 
     notification procedures of section 5015 of this Act: Provided 
     further, That none of the funds appropriated under this 
     heading shall be available for assistance for Sudan and 
     Guatemala: Provided further, That none of the funds 
     appropriated under this heading may be made available for 
     assistance for Haiti except pursuant to the regular 
     notification procedures of the Committees on Appropriations: 
     Provided further, That funds made available under this 
     heading may be used, notwithstanding any other provision of 
     law, for demining, the clearance of unexploded ordnance, and 
     related activities, and may include activities implemented 
     through nongovernmental and international organizations: 
     Provided further, That only those countries for which 
     assistance was justified for the ``Foreign Military Sales 
     Financing Program'' in the fiscal year 1989 congressional 
     presentation for security assistance programs may utilize 
     funds made available under this heading for procurement of 
     defense articles, defense services or design and construction 
     services that are not sold by the United States Government 
     under the Arms Export Control Act: Provided further, That 
     funds appropriated under this heading shall be expended at 
     the minimum rate necessary to make timely payment for defense 
     articles and services: Provided further, That not more than 
     $40,500,000 of the funds appropriated under this heading may 
     be obligated for necessary expenses, including the purchase 
     of passenger motor vehicles for replacement only for use 
     outside of the United States, for the general costs of 
     administering military assistance and sales: Provided 
     further, That not more than $367,000,000 of funds realized 
     pursuant to section 21(e)(1)(A) of the Arms Export Control 
     Act may be obligated for expenses incurred by the Department 
     of Defense during fiscal year 2005 pursuant to section 43(b) 
     of the Arms Export Control Act, except that this limitation 
     may be exceeded only through the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That foreign military financing program funds 
     estimated to be outlayed for Egypt during fiscal year 2005 
     shall be transferred to an interest bearing account for Egypt 
     in the Federal Reserve Bank of New York within 30 days of 
     enactment of this Act or by October 31, 2004, whichever is 
     later.


                        peacekeeping operations

       For necessary expenses to carry out the provisions of 
     section 551 of the Foreign Assistance Act of 1961, 
     $104,000,000: Provided, That notwithstanding any other 
     provision of law except section 5051 of this Act, funds 
     appropriated for the Department of Defense for fiscal year 
     2005 may be transferred to the Department of State and may be 
     made available by the Department of State to provide such 
     assistance as the Secretary of State deems appropriate for 
     the military or security forces of a foreign country in order 
     to enhance the capability of such country to participate in 
     international peacekeeping or peace enforcement operations: 
     Provided further, That none of the funds appropriated under 
     this heading shall be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE


                  funds appropriated to the president

                  international financial institutions

                      global environment facility

       For the United States contribution for the Global 
     Environment Facility, $120,678,000 to the International Bank 
     for Reconstruction and Development as trustee for the Global 
     Environment Facility, by the Secretary of the Treasury, to 
     remain available until expended.


       contribution to the international development association

       For payment to the International Development Association by 
     the Secretary of the Treasury, $820,000,000, to remain 
     available until expended.


contribution to the enterprise for the americas multilateral investment 
                                  fund

       For payment to the Enterprise for the Americas Multilateral 
     Investment Fund by the Secretary of the Treasury, for the 
     United States contribution to the fund, $15,000,000, to 
     remain available until expended.


               contribution to the asian development fund

       For the United States contribution by the Secretary of the 
     Treasury to the increase in resources of the Asian 
     Development Fund, as authorized by the Asian Development Bank 
     Act, as amended, $59,691,000, to remain available until 
     expended.


              Contribution to the African Development Bank

       For payment to the African Development Bank by the 
     Secretary of the Treasury, $1,100,000, for the United States 
     paid-in share of the increase in capital stock, to remain 
     available until expended.


              limitation on callable capital subscriptions

       The United States Governor of the African Development Bank 
     may subscribe without fiscal year limitation for the callable 
     capital portion of the United States share of such capital 
     stock in an amount not to exceed $79,532,933.


              contribution to the african development fund

       For the United States contribution by the Secretary of the 
     Treasury to the increase in resources of the African 
     Development Fund, $67,000,000, to remain available until 
     expended.


  contribution to the european bank for reconstruction and development

       For payment to the European Bank for Reconstruction and 
     Development by the Secretary of the Treasury, $35,431,000 for 
     the United States share of the paid-in portion of the 
     increase in capital stock, to remain available until 
     expended.

[[Page S9741]]

              limitation on callable capital subscriptions

       The United States Governor of the European Bank for 
     Reconstruction and Development may subscribe without fiscal 
     year limitation to the callable capital portion of the United 
     States share of such capital stock in an amount not to exceed 
     $121,997,000.

  contribution to the international fund for agricultural development

       For the United States contribution by the Secretary of the 
     Treasury to increase the resources of the International Fund 
     for Agricultural Development, $15,000,000, to remain 
     available until expended.

                international organizations and programs

       For necessary expenses to carry out the provisions of 
     section 301 of the Foreign Assistance Act of 1961, and of 
     section 2 of the United Nations Environment Program 
     Participation Act of 1973, $328,925,000: Provided, That none 
     of the funds appropriated under this heading may be made 
     available to the International Atomic Energy Agency (IAEA): 
     Provided further, That funds appropriated under this heading 
     shall be made available for programs and countries in the 
     amounts contained in the table included in the report 
     accompanying this Act: Provided further, That any proposed 
     increases or decreases to the amounts contained in such table 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations and section 634A of the 
     Foreign Assistance Act of 1961 and notifications shall be 
     transmitted at least 15 days in advance of the obligation of 
     funds.

                      TITLE V--GENERAL PROVISIONS


  compensation for united states executive directors to international 
                         financial institutions

       Sec. 5001. (a) No funds appropriated by this Act may be 
     made as payment to any international financial institution 
     while the United States Executive Director to such 
     institution is compensated by the institution at a rate 
     which, together with whatever compensation such Director 
     receives from the United States, is in excess of the rate 
     provided for an individual occupying a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, or while any alternate United States 
     Director to such institution is compensated by the 
     institution at a rate in excess of the rate provided for an 
     individual occupying a position at level V of the Executive 
     Schedule under section 5316 of title 5, United States Code.
       (b) For purposes of this section, ``international financial 
     institutions'' are: the International Bank for Reconstruction 
     and Development, the Inter-American Development Bank, the 
     Asian Development Bank, the Asian Development Fund, the 
     African Development Bank, the African Development Fund, the 
     International Monetary Fund, the North American Development 
     Bank, and the European Bank for Reconstruction and 
     Development.


   restrictions on voluntary contributions to united nations agencies

       Sec. 5002. None of the funds appropriated by this Act may 
     be made available to pay any voluntary contribution of the 
     United States to the United Nations (including the United 
     Nations Development Program) if the United Nations implements 
     or imposes any taxation on any United States persons.


                    limitation on residence expenses

       Sec. 5003. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $100,500 shall be for 
     official residence expenses of the United States Agency for 
     International Development during the current fiscal year: 
     Provided, That appropriate steps shall be taken to assure 
     that, to the maximum extent possible, United States-owned 
     foreign currencies are utilized in lieu of dollars.


                         limitation on expenses

       Sec. 5004. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $5,000 shall be for 
     entertainment expenses of the United States Agency for 
     International Development during the current fiscal year.


               limitation on representational allowances

       Sec. 5005. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $125,000 shall be 
     available for representation allowances for the United States 
     Agency for International Development during the current 
     fiscal year: Provided, That appropriate steps shall be taken 
     to assure that, to the maximum extent possible, United 
     States-owned foreign currencies are utilized in lieu of 
     dollars: Provided further, That of the funds made available 
     by this Act for general costs of administering military 
     assistance and sales under the heading ``Foreign Military 
     Financing Program'', not to exceed $2,000 shall be available 
     for entertainment expenses and not to exceed $125,000 shall 
     be available for representation allowances: Provided further, 
     That of the funds made available by this Act under the 
     heading ``International Military Education and Training'', 
     not to exceed $50,000 shall be available for entertainment 
     allowances: Provided further, That of the funds made 
     available by this Act for the Inter-American Foundation, not 
     to exceed $2,000 shall be available for entertainment and 
     representation allowances: Provided further, That of the 
     funds made available by this Act for the Peace Corps, not to 
     exceed a total of $4,000 shall be available for entertainment 
     expenses: Provided further, That of the funds made available 
     by this Act under the heading ``Trade and Development 
     Agency'', not to exceed $2,000 shall be available for 
     representation and entertainment allowances: Provided 
     further, That of the funds made available by this Act under 
     the heading ``Millennium Challenge Corporation'', not to 
     exceed $100,000 shall be available for representation 
     allowances.


          prohibition on taxation of united states assistance

       Sec. 5006. (a) Prohibition on Taxation.--None of the funds 
     appropriated by this Act may be made available to provide 
     assistance for a foreign country under a new bilateral 
     agreement governing the terms and conditions under which such 
     assistance is to be provided unless such agreement includes a 
     provision stating that assistance provided by the United 
     States shall be exempt from taxation, or reimbursed, by the 
     foreign government, and the Secretary of State shall 
     expeditiously seek to negotiate amendments to existing 
     bilateral agreements, as necessary, to conform with this 
     requirement.
       (b) Reimbursement of Foreign Taxes.--An amount equivalent 
     to 200 percent of the total taxes assessed during fiscal year 
     2005 on funds appropriated by this Act by a foreign 
     government or entity against commodities financed under 
     United States assistance programs for which funds are 
     appropriated by this Act, either directly or through 
     grantees, contractors and subcontractors shall be withheld 
     from obligation from funds appropriated for assistance for 
     fiscal year 2006 and allocated for the central government of 
     such country and for the West Bank and Gaza Program to the 
     extent that the Secretary of State certifies and reports in 
     writing to the Committees on Appropriations that such taxes 
     have not been reimbursed to the Government of the United 
     States.
       (c) De Minimis Exception.--Foreign taxes of a de minimis 
     nature shall not be subject to the provisions of subsection 
     (b).
       (d) Reprogramming of Funds.--Funds withheld from obligation 
     for each country or entity pursuant to subsection (b) shall 
     be reprogrammed for assistance to countries which do not 
     assess taxes on United States assistance or which have an 
     effective arrangement that is providing substantial 
     reimbursement of such taxes.
       (e) Determinations.--
       (1) The provisions of this section shall not apply to any 
     country or entity the Secretary of State determines--
       (A) does not assess taxes on United States assistance or 
     which has an effective arrangement that is providing 
     substantial reimbursement of such taxes; or
       (B) the foreign policy interests of the United States 
     outweigh the policy of this section to ensure that United 
     States assistance is not subject to taxation.
       (2) The Secretary of State shall consult with the 
     Committees on Appropriations at least 15 days prior to 
     exercising the authority of this subsection with regard to 
     any country or entity.
       (f) Implementation.--The Secretary of State shall issue 
     rules, regulations, or policy guidance, as appropriate, to 
     implement the prohibition against the taxation of assistance 
     contained in this section.
       (g) Definitions.--As used in this section--
       (1) the terms ``taxes'' and ``taxation'' refer to value 
     added taxes and customs duties imposed on commodities 
     financed with United States assistance for programs for which 
     funds are appropriated by this Act; and
       (2) the term ``bilateral agreement'' refers to a framework 
     bilateral agreement between the Government of the United 
     States and the government of the country receiving assistance 
     that describes the privileges and immunities applicable to 
     United States foreign assistance for such country generally, 
     or an individual agreement between the Government of the 
     United States and such government that describes, among other 
     things, the treatment for tax purposes that will be accorded 
     the United States assistance provided under that agreement.


        prohibition against direct funding for certain countries

       Sec. 5007. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated or expended 
     to finance directly any assistance or reparations to Cuba, 
     Libya, North Korea, Iran, or Syria: Provided, That for 
     purposes of this section, the prohibition on obligations or 
     expenditures shall include direct loans, credits, insurance 
     and guarantees of the Export-Import Bank or its agents.


                             military coups

       Sec. 5008. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated or expended 
     to finance directly any assistance to the government of any 
     country whose duly elected head of government is deposed by 
     decree or military coup: Provided, That assistance may be 
     resumed to such government if the President determines and 
     certifies to the Committees on Appropriations that subsequent 
     to the termination of assistance a democratically elected 
     government has taken office: Provided further, That the 
     provisions of this section shall not apply to assistance to 
     promote democratic elections or public participation in 
     democratic processes: Provided further, That funds made 
     available pursuant to the previous provisos shall be subject 
     to the regular notification procedures of the Committees on 
     Appropriations.


                               transfers

       Sec. 5009. (a)(1) Limitation on Transfers Between 
     Agencies.--None of the funds made available by this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       (2) Notwithstanding paragraph (1), in addition to transfers 
     made by, or authorized elsewhere in, this Act, funds 
     appropriated by this Act to carry out the purposes of the 
     Foreign Assistance Act of 1961 may be allocated or 
     transferred to agencies of the United States Government 
     pursuant to the provisions of sections 109, 610, and 632 of 
     the Foreign Assistance Act of 1961.
       (b) Transfers Between Accounts.--None of the funds made 
     available by this Act may be obligated under an appropriation 
     account to which they were not appropriated, except for

[[Page S9742]]

     transfers specifically provided for in this Act, unless the 
     President, not less than five days prior to the exercise of 
     any authority contained in the Foreign Assistance Act of 1961 
     to transfer funds, consults with and provides a written 
     policy justification to the Committees on Appropriations of 
     the House of Representatives and the Senate.
       (c) Audit of Inter-agency Transfers.--Any agreement for the 
     transfer or allocation of funds appropriated by this Act, or 
     prior Acts, entered into between the United States Agency for 
     International Development and another agency of the United 
     States Government under the authority of section 632(a) of 
     the Foreign Assistance Act of 1961 or any comparable 
     provision of law, shall expressly provide that the Office of 
     the Inspector General for the agency receiving the transfer 
     or allocation of such funds shall perform periodic program 
     and financial audits of the use of such funds: Provided, That 
     funds transferred under such authority may be made available 
     for the cost of such audits.


                 commercial leasing of defense articles

       Sec. 5010. Notwithstanding any other provision of law, and 
     subject to the regular notification procedures of the 
     Committees on Appropriations, the authority of section 23(a) 
     of the Arms Export Control Act may be used to provide 
     financing to Israel, Egypt and NATO and major non-NATO allies 
     for the procurement by leasing (including leasing with an 
     option to purchase) of defense articles from United States 
     commercial suppliers, not including Major Defense Equipment 
     (other than helicopters and other types of aircraft having 
     possible civilian application), if the President determines 
     that there are compelling foreign policy or national security 
     reasons for those defense articles being provided by 
     commercial lease rather than by government-to-government sale 
     under such Act.


                         availability of funds

       Sec. 5011. No part of any appropriation contained in this 
     Act shall remain available for obligation after the 
     expiration of the current fiscal year unless expressly so 
     provided in this Act: Provided, That funds appropriated for 
     the purposes of chapters 1, 8, 11, and 12 of part I, section 
     667, chapters 4, 6, 8, and 9 of part II of the Foreign 
     Assistance Act of 1961, section 23 of the Arms Export Control 
     Act, and funds provided under the heading ``Assistance for 
     Eastern Europe and the Baltic States'', shall remain 
     available for an additional four years from the date on which 
     the availability of such funds would otherwise have expired, 
     if such funds are initially obligated before the expiration 
     of their respective periods of availability contained in this 
     Act: Provided further, That, notwithstanding any other 
     provision of this Act, any funds made available for the 
     purposes of chapter 1 of part I and chapter 4 of part II of 
     the Foreign Assistance Act of 1961 which are allocated or 
     obligated for cash disbursements in order to address balance 
     of payments or economic policy reform objectives, shall 
     remain available until expended.


            limitation on assistance to countries in default

       Sec. 5012. No part of any appropriation contained in this 
     Act shall be used to furnish assistance to the government of 
     any country which is in default during a period in excess of 
     one calendar year in payment to the United States of 
     principal or interest on any loan made to the government of 
     such country by the United States pursuant to a program for 
     which funds are appropriated under this Act unless the 
     President determines, following consultations with the 
     Committees on Appropriations, that assistance to such country 
     is in the national interest of the United States.


                           commerce and trade

       Sec. 5013. (a) None of the funds appropriated or made 
     available pursuant to this Act for direct assistance and none 
     of the funds otherwise made available pursuant to this Act to 
     the Export-Import Bank and the Overseas Private Investment 
     Corporation shall be obligated or expended to finance any 
     loan, any assistance or any other financial commitments for 
     establishing or expanding production of any commodity for 
     export by any country other than the United States, if the 
     commodity is likely to be in surplus on world markets at the 
     time the resulting productive capacity is expected to become 
     operative and if the assistance will cause substantial injury 
     to United States producers of the same, similar, or competing 
     commodity: Provided, That such prohibition shall not apply to 
     the Export-Import Bank if in the judgment of its Board of 
     Directors the benefits to industry and employment in the 
     United States are likely to outweigh the injury to United 
     States producers of the same, similar, or competing 
     commodity, and the Chairman of the Board so notifies the 
     Committees on Appropriations.
       (b) None of the funds appropriated by this or any other Act 
     to carry out chapter 1 of part I of the Foreign Assistance 
     Act of 1961 shall be available for any testing or breeding 
     feasibility study, variety improvement or introduction, 
     consultancy, publication, conference, or training in 
     connection with the growth or production in a foreign country 
     of an agricultural commodity for export which would compete 
     with a similar commodity grown or produced in the United 
     States: Provided, That this subsection shall not prohibit--
       (1) activities designed to increase food security in 
     developing countries where such activities will not have a 
     significant impact on the export of agricultural commodities 
     of the United States; or
       (2) research activities intended primarily to benefit 
     American producers.


                          surplus commodities

       Sec. 5014. The Secretary of the Treasury shall instruct the 
     United States Executive Directors of the International Bank 
     for Reconstruction and Development, the International 
     Development Association, the International Finance 
     Corporation, the Inter-American Development Bank, the 
     International Monetary Fund, the Asian Development Bank, the 
     Inter-American Investment Corporation, the North American 
     Development Bank, the European Bank for Reconstruction and 
     Development, the African Development Bank, and the African 
     Development Fund to use the voice and vote of the United 
     States to oppose any assistance by these institutions, using 
     funds appropriated or made available pursuant to this Act, 
     for the production or extraction of any commodity or mineral 
     for export, if it is in surplus on world markets and if the 
     assistance will cause substantial injury to United States 
     producers of the same, similar, or competing commodity.


                       notification requirements

       Sec. 5015. For the purposes of providing the executive 
     branch with the necessary administrative flexibility, none of 
     the funds made available under this Act for ``Child Survival 
     and Health Programs Fund'', ``Development Assistance'', 
     ``International Organizations and Programs'', ``Trade and 
     Development Agency'', ``International Narcotics Control and 
     Law Enforcement'', ``Andean Counterdrug Initiative'', 
     ``Assistance for Eastern Europe and the Baltic States'', 
     ``Assistance for the Independent States of the Former Soviet 
     Union'', ``Economic Support Fund'', ``Global HIV/AIDS 
     Initiative'', ``Peacekeeping Operations'', ``Capital 
     Investment Fund'', ``Operating Expenses of the United States 
     Agency for International Development'', ``Operating Expenses 
     of the United States Agency for International Development 
     Office of Inspector General'', ``Nonproliferation, Anti-
     terrorism, Demining and Related Programs'', ``Millennium 
     Challenge Corporation'' (by country only), ``Foreign Military 
     Financing Program'', ``International Military Education and 
     Training'', ``Peace Corps'', and ``Migration and Refugee 
     Assistance'', shall be available for obligation for 
     activities, programs, projects, type of materiel assistance, 
     countries, or other operations not justified or in excess of 
     the amount justified to the Committees on Appropriations for 
     obligation under any of these specific headings unless the 
     Committees on Appropriations of both Houses of Congress are 
     previously notified 15 days in advance: Provided, That the 
     President shall not enter into any commitment of funds 
     appropriated for the purposes of section 23 of the Arms 
     Export Control Act for the provision of major defense 
     equipment, other than conventional ammunition, or other major 
     defense items defined to be aircraft, ships, missiles, or 
     combat vehicles, not previously justified to Congress or 20 
     percent in excess of the quantities justified to Congress 
     unless the Committees on Appropriations are notified 15 days 
     in advance of such commitment: Provided further, That this 
     section shall not apply to any reprogramming for an activity, 
     program, or project for which funds are appropriated under 
     title II of this Act of less than 10 percent of the amount 
     previously justified to the Congress for obligation for such 
     activity, program, or project for the current fiscal year: 
     Provided further, That all reprogrammings of funds 
     appropriated by this Act and prior Acts under the headings 
     ``International Narcotics Control and Law Enforcement'' and 
     ``Andean Counterdrug Initiative'' by the Department of State 
     shall be subject to the same review and approval procedures 
     by the Department of State as apply to the reprogramming by 
     the Department of funds appropriated under the heading 
     ``Economic Support Fund'': Provided further, That the 
     requirements of this section or any similar provision of this 
     Act or any other Act, including any prior Act requiring 
     notification in accordance with the regular notification 
     procedures of the Committees on Appropriations, may be waived 
     if failure to do so would pose a substantial risk to human 
     health or welfare: Provided further, That in case of any such 
     waiver, notification to the Congress, or the appropriate 
     congressional committees, shall be provided as early as 
     practicable, but in no event later than 3 days after taking 
     the action to which such notification requirement was 
     applicable, in the context of the circumstances necessitating 
     such waiver: Provided further, That any notification provided 
     pursuant to such a waiver shall contain an explanation of the 
     emergency circumstances.


limitation on availability of funds for international organizations and 
                                programs

       Sec. 5016. Subject to the regular notification procedures 
     of the Committees on Appropriations, funds appropriated under 
     this Act or any previously enacted Act making appropriations 
     for foreign operations, export financing, and related 
     programs, which are returned or not made available for 
     organizations and programs because of the implementation of 
     section 307(a) of the Foreign Assistance Act of 1961, shall 
     remain available for obligation until September 30, 2006.


             independent states of the former soviet union

       Sec. 5017. (a) None of the funds appropriated under the 
     heading ``Assistance for the Independent States of the Former 
     Soviet Union'' shall be made available for assistance for a 
     government of an Independent State of the former Soviet Union 
     if that government directs any action in violation of the 
     territorial integrity or national sovereignty of any other 
     Independent State of the former Soviet Union, such as those 
     violations included in the Helsinki Final Act: Provided, That 
     such funds may be made available without regard to the 
     restriction in this subsection if the President determines 
     that to do so is in the national security interest of the 
     United States.
       (b) None of the funds appropriated under the heading 
     ``Assistance for the Independent States of the Former Soviet 
     Union'' shall be made available for any state to enhance its 
     military capability: Provided, That this restriction does

[[Page S9743]]

     not apply to demilitarization, demining or nonproliferation 
     programs.
       (c) Funds appropriated under the heading ``Assistance for 
     the Independent States of the Former Soviet Union'' for the 
     Russian Federation, Armenia, Georgia, and Ukraine shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations.
       (d) Funds made available in this Act for assistance for the 
     Independent States of the former Soviet Union shall be 
     subject to the provisions of section 117 (relating to 
     environment and natural resources) of the Foreign Assistance 
     Act of 1961.
       (e) In issuing new task orders, entering into contracts, or 
     making grants, with funds appropriated in this Act or prior 
     appropriations Acts under the heading ``Assistance for the 
     Independent States of the Former Soviet Union'' and under 
     comparable headings in prior appropriations Acts, for 
     projects or activities that have as one of their primary 
     purposes the fostering of private sector development, the 
     Coordinator for United States Assistance to Europe and 
     Eurasia and the implementing agency shall encourage the 
     participation of and give significant weight to contractors 
     and grantees who propose investing a significant amount of 
     their own resources (including volunteer services and in-kind 
     contributions) in such projects and activities.


   PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION

       Sec. 5018. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for the performance of abortions as a method 
     of family planning or to motivate or coerce any person to 
     practice abortions. None of the funds made available to carry 
     out part I of the Foreign Assistance Act of 1961, as amended, 
     may be used to pay for the performance of involuntary 
     sterilization as a method of family planning or to coerce or 
     provide any financial incentive to any person to undergo 
     sterilizations. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for any biomedical research which relates in 
     whole or in part, to methods of, or the performance of, 
     abortions or involuntary sterilization as a means of family 
     planning. None of the funds made available to carry out part 
     I of the Foreign Assistance Act of 1961, as amended, may be 
     obligated or expended for any country or organization if the 
     President certifies that the use of these funds by any such 
     country or organization would violate any of the above 
     provisions related to abortions and involuntary 
     sterilizations.


                 export financing transfer authorities

       Sec. 5019. Not to exceed 5 percent of any appropriation 
     other than for administrative expenses made available for 
     fiscal year 2005, for programs under title I of this Act may 
     be transferred between such appropriations for use for any of 
     the purposes, programs, and activities for which the funds in 
     such receiving account may be used, but no such 
     appropriation, except as otherwise specifically provided, 
     shall be increased by more than 25 percent by any such 
     transfer: Provided, That the exercise of such authority shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.


                   special notification requirements

       Sec. 5020. None of the funds appropriated by this Act shall 
     be obligated or expended for Liberia, Serbia, Sudan, 
     Zimbabwe, Pakistan, Cambodia, or Haiti except as provided 
     through the regular notification procedures of the Committees 
     on Appropriations.


              definition of program, project, and activity

       Sec. 5021. For the purpose of this Act, ``program, project, 
     and activity'' shall be defined at the appropriations Act 
     account level and shall include all appropriations and 
     authorizations Acts earmarks, ceilings, and limitations with 
     the exception that for the following accounts: Economic 
     Support Fund and Foreign Military Financing Program, 
     ``program, project, and activity'' shall also be considered 
     to include country, regional, and central program level 
     funding within each such account; for the development 
     assistance accounts of the United States Agency for 
     International Development ``program, project, and activity'' 
     shall also be considered to include central, country, 
     regional, and program level funding, either as: (1) justified 
     to the Congress; or (2) allocated by the executive branch in 
     accordance with a report, to be provided to the Committees on 
     Appropriations within 30 days of the enactment of this Act, 
     as required by section 653(a) of the Foreign Assistance Act 
     of 1961.


                  child survival and health activities

       Sec. 5022. Up to $13,500,000 of the funds made available by 
     this Act for assistance under the heading ``Child Survival 
     and Health Programs Fund'', may be used to reimburse United 
     States Government agencies, agencies of State governments, 
     institutions of higher learning, and private and voluntary 
     organizations for the full cost of individuals (including for 
     the personal services of such individuals) detailed or 
     assigned to, or contracted by, as the case may be, the United 
     States Agency for International Development for the purpose 
     of carrying out activities under that heading: Provided, That 
     up to $3,500,000 of the funds made available by this Act for 
     assistance under the heading ``Development Assistance'' may 
     be used to reimburse such agencies, institutions, and 
     organizations for such costs of such individuals carrying out 
     other development assistance activities: Provided further, 
     That funds appropriated by titles II and III of this Act that 
     are made available for bilateral assistance for child 
     survival activities or disease programs including activities 
     relating to research on, and the prevention, treatment and 
     control of, HIV/AIDS may be made available notwithstanding 
     any other provision of law except for the provisions under 
     the heading ``Child Survival and Health Programs Fund'' and 
     the United States Leadership Against HIV/AIDS, Tuberculosis, 
     and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et 
     seq.), as amended: Provided further, That of the funds 
     appropriated under title II of this Act, not less than 
     $450,000,000 shall be made available for family planning/
     reproductive health.


                              afghanistan

       Sec. 5023. Of the funds appropriated by this Act, not less 
     than $504,450,000 shall be made available for humanitarian 
     and reconstruction assistance for Afghanistan: Provided, That 
     of the funds made available pursuant to this section, not 
     less than $225,000,000 should be from funds appropriated 
     under the heading ``Economic Support Fund'': Provided 
     further, That funds appropriated by this Act that are 
     available for assistance for the Afghan National Army should 
     be made available if members of the Army have been vetted for 
     any involvement in terrorism, human rights violations, drug 
     trafficking, and other serious criminal activity: Provided 
     further, That of the funds made available pursuant to this 
     section, not less than $2,000,000 should be made available 
     for reforestation activities: Provided further, That funds 
     made available pursuant to the previous proviso should be 
     matched, to the maximum extent possible, with contributions 
     from American and Afghan businesses: Provided further, That 
     of the funds made available pursuant to this section, not 
     less than $2,000,000 shall be made available for the Afghan 
     Independent Human Rights Commission and for other Afghan 
     human rights organizations: Provided further, That of the 
     funds made available pursuant to this section, not less than 
     $50,000,000 shall be made available to support programs that 
     directly address the needs of Afghan women and girls, of 
     which not less than $15,000,000 shall be made available for 
     small grants to support training and equipment to improve the 
     capacity of women-led Afghan nongovernmental organizations 
     and to support the activities of such organizations: Provided 
     further, That not less than $2,000,000 should be made 
     available for assistance for Afghan communities and families 
     that have suffered losses as a result of the military 
     operations.


                NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

       Sec. 5024. Prior to providing excess Department of Defense 
     articles in accordance with section 516(a) of the Foreign 
     Assistance Act of 1961, the Department of Defense shall 
     notify the Committees on Appropriations to the same extent 
     and under the same conditions as are other committees 
     pursuant to subsection (f) of that section: Provided, That 
     before issuing a letter of offer to sell excess defense 
     articles under the Arms Export Control Act, the Department of 
     Defense shall notify the Committees on Appropriations in 
     accordance with the regular notification procedures of such 
     Committees if such defense articles are significant military 
     equipment (as defined in section 47(9) of the Arms Export 
     Control Act) or are valued (in terms of original acquisition 
     cost) at $7,000,000 or more, or if notification is required 
     elsewhere in this Act for the use of appropriated funds for 
     specific countries that would receive such excess defense 
     articles: Provided further, That such Committees shall also 
     be informed of the original acquisition cost of such defense 
     articles.


                     HIV/AIDS Working Capital Fund

       Sec. 5025. (a) In furtherance of the purposes of section 
     104A of the Foreign Assistance Act of 1961, and to assist in 
     providing a safe, secure, reliable, and sustainable supply 
     chain of pharmaceuticals and other products needed to provide 
     care and treatment of persons with HIV/AIDS and related 
     infections, the Coordinator of the United States Government 
     Activities to Combat HIV/AIDS Globally (the ``Coordinator'') 
     is authorized to establish an HIV/AIDS Working Capital Fund 
     (in this section referred to as the ``HIV/AIDS Fund'').
       (b) Funds deposited during any fiscal year in the HIV/AIDS 
     Fund shall be available without fiscal year limitation and 
     used for pharmaceuticals and other products needed to provide 
     care and treatment of persons with HIV/AIDS and related 
     infections, including, but not limited to--
       (1) anti-retroviral drugs;
       (2) other pharmaceuticals and medical items needed to 
     provide care and treatment to persons with HIV/AIDS and 
     related infections;
       (3) laboratory and other supplies for performing tests 
     related to the provision of care and treatment to persons 
     with HIV/AIDS and related infections;
       (4) other medical supplies needed for the operation of HIV/
     AIDS treatment and care centers, including products needed in 
     programs for the prevention of mother-to-child transmission;
       (5) pharmaceuticals and health commodities needed for the 
     provision of palliative care; and
       (6) laboratory and clinical equipment, as well as equipment 
     needed for the transportation and care of HIV/AIDS supplies, 
     and other equipment needed to provide prevention, care and 
     treatment of HIV/AIDS described above.
       (c) There may be deposited during any fiscal year in the 
     HIV/AIDS Fund payments for HIV/AIDS pharmaceuticals and 
     products provided from the HIV/AIDS Fund received from 
     applicable appropriations and funds of the United States 
     Agency for International Development, the Department of 
     Health and Human Services, the Department of Defense, or 
     other Federal agencies and other sources at actual cost of 
     the HIV/AIDS pharmaceuticals and other products, actual cost 
     plus the additional costs of providing such HIV/AIDS 
     pharmaceuticals and other products, or at any other price 
     agreed to by the Coordinator or his designee.
       (d) There may be deposited in the HIV/AIDS Fund payments 
     for the loss of, or damage to, HIV/AIDS pharmaceuticals and 
     products held in the HIV/AIDS Fund, rebates, reimbursements, 
     refunds and other credits application to the operation of the 
     HIV/AIDS Fund.

[[Page S9744]]

       (e) At the close of each fiscal year the Coordinator may 
     transfer out of the HIV/AIDS Fund to other HIV/AIDS 
     programmatic areas such amounts as the Coordinator determines 
     to be in excess of the needs of the HIV/AIDS Fund.
       (f) At the close of each fiscal year the Coordinator shall 
     submit a report to the Committees on Appropriations detailing 
     the financial activities of the HIV/AIDS Fund, including 
     sources of income and information regarding disbursements.


                           democracy programs

       Sec. 5026. (a) Notwithstanding any other provision of law, 
     of the funds appropriated by this Act to carry out the 
     provisions of chapter 4 of part II of the Foreign Assistance 
     Act of 1961, not less than $35,000,000 shall be made 
     available for assistance for activities to support democracy, 
     human rights, and the rule of law in the People's Republic of 
     China and Hong Kong: Provided, That funds appropriated under 
     the heading ``Economic Support Fund'' should be made 
     available for assistance for Taiwan for the purposes of 
     furthering political and legal reforms: Provided further, 
     That such funds shall only be made available to the extent 
     that they are matched from sources other than the United 
     States Government: Provided further, That funds made 
     available pursuant to the authority of this subsection shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.
       (b)(1) In addition to the funds made available in 
     subsection (a), of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'' not less than 
     $25,000,000 shall be made available for programs and 
     activities to foster democracy, human rights, civic 
     education, women's development, press freedom, and the rule 
     of law in countries with a significant Muslim population, and 
     where such programs and activities would be important to 
     United States efforts to respond to, deter, or prevent acts 
     of international terrorism: Provided, That funds made 
     available pursuant to the authority of this subsection should 
     support new initiatives and activities in those countries: 
     Provided further, That of the funds appropriated under this 
     heading, $3,000,000 shall be made available for programs and 
     activities that provide professional training for 
     journalists, of which $2,000,000 shall be made available to 
     Internews: Provided further, That of the funds appropriated 
     under such heading, in addition to other amounts made 
     available for Egypt in this Act, funds shall be made 
     available to support civil society organizations working for 
     democracy, human rights, and the rule of law in Egypt: 
     Provided further, That notwithstanding any other provision of 
     law, not less than $3,000,000 of such funds may be used for 
     making grants to educational, humanitarian and 
     nongovernmental organizations and individuals inside Iran to 
     support the advancement of democracy and human rights in 
     Iran: Provided further, That notwithstanding any other 
     provision of law, funds appropriated pursuant to the 
     authority of this subsection may be made available for 
     democracy, human rights, and rule of law programs for Syria: 
     Provided further, That funds made available pursuant to this 
     subsection shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (2) In addition to funds made available under subsections 
     (a) and (b)(1), of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'' not less than 
     $5,000,000 shall be made available for programs and 
     activities of the National Endowment for Democracy to foster 
     democracy, human rights, civic education, women's 
     development, press freedom, and the rule of law in countries 
     in sub-Saharan Africa, and not less than $1,500,000 shall be 
     made available for such programs and activities of the 
     National Endowment for Democracy in countries in Asia.
       (c) Of the funds made available under subsection (a), not 
     less than $15,000,000 shall be made available for the Human 
     Rights and Democracy Fund of the Bureau of Democracy, Human 
     Rights and Labor, Department of State, to support the 
     activities described in subsection (a), and of the funds made 
     available under subsection (b)(1), not less than $15,000,000 
     shall be made available for such Fund to support the 
     activities described in subsection (b)(1): Provided, That the 
     total amount of funds made available by this Act under 
     ``Economic Support Fund'' for activities of the Bureau of 
     Democracy, Human Rights and Labor, Department of State, 
     including funds available in this section, shall be not less 
     than $57,000,000.
       (d) Of the funds made available under subsection (a), not 
     less than $10,000,000 shall be made available for the 
     National Endowment for Democracy to support the activities 
     described in subsection (a), and of the funds made available 
     under subsection (b)(1), not less than $5,000,000 shall be 
     made available for the National Endowment for Democracy to 
     support the activities described in subsection (b)(1): 
     Provided, That the Secretary of State shall provide a report 
     to the Committees on Appropriations within 120 days of the 
     date of enactment of this Act on the status of the allocation 
     and obligation of such funds.
       (e) Of the funds made available under subsection (a), 
     $10,000,000 shall be made available to American educational 
     institutions for programs and activities in the People's 
     Republic of China relating to the environment, democracy and 
     the rule of law: Provided, That funds available under this 
     subsection shall be made available subject to prior 
     consultation with the Committees on Appropriations.


       PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

       Sec. 5027. (a) Funds appropriated for bilateral assistance 
     under any heading of this Act and funds appropriated under 
     any such heading in a provision of law enacted prior to the 
     enactment of this Act, shall not be made available to any 
     country which the President determines--
       (1) grants sanctuary from prosecution to any individual or 
     group which has committed an act of international terrorism; 
     or
       (2) otherwise supports international terrorism.
       (b) The President may waive the application of subsection 
     (a) to a country if the President determines that national 
     security or humanitarian reasons justify such waiver. The 
     President shall publish each waiver in the Federal Register 
     and, at least 15 days before the waiver takes effect, shall 
     notify the Committees on Appropriations of the waiver 
     (including the justification for the waiver) in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations.


                          DEBT-FOR-DEVELOPMENT

       Sec. 5028. In order to enhance the continued participation 
     of nongovernmental organizations in debt-for-development and 
     debt-for-nature exchanges, a nongovernmental organization 
     which is a grantee or contractor of the United States Agency 
     for International Development may place in interest bearing 
     accounts local currencies which accrue to that organization 
     as a result of economic assistance provided under title II of 
     this Act and, subject to the regular notification procedures 
     of the Committees on Appropriations, any interest earned on 
     such investment shall be used for the purpose for which the 
     assistance was provided to that organization.


                           SEPARATE ACCOUNTS

       Sec. 5029. (a) Separate Accounts for Local Currencies.--(1) 
     If assistance is furnished to the government of a foreign 
     country under chapters 1 and 10 of part I or chapter 4 of 
     part II of the Foreign Assistance Act of 1961 under 
     agreements which result in the generation of local currencies 
     of that country, the Administrator of the United States 
     Agency for International Development shall--
       (A) require that local currencies be deposited in a 
     separate account established by that government;
       (B) enter into an agreement with that government which sets 
     forth--
       (i) the amount of the local currencies to be generated; and
       (ii) the terms and conditions under which the currencies so 
     deposited may be utilized, consistent with this section; and
       (C) establish by agreement with that government the 
     responsibilities of the United States Agency for 
     International Development and that government to monitor and 
     account for deposits into and disbursements from the separate 
     account.
       (2) Uses of local currencies.--As may be agreed upon with 
     the foreign government, local currencies deposited in a 
     separate account pursuant to subsection (a), or an equivalent 
     amount of local currencies, shall be used only--
       (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
     part II (as the case may be), for such purposes as--
       (i) project and sector assistance activities; or
       (ii) debt and deficit financing; or
       (B) for the administrative requirements of the United 
     States Government.
       (3) Programming accountability.--The United States Agency 
     for International Development shall take all necessary steps 
     to ensure that the equivalent of the local currencies 
     disbursed pursuant to subsection (a)(2)(A) from the separate 
     account established pursuant to subsection (a)(1) are used 
     for the purposes agreed upon pursuant to subsection (a)(2).
       (4) Termination of assistance programs.--Upon termination 
     of assistance to a country under chapter 1 or 10 of part I or 
     chapter 4 of part II (as the case may be), any unencumbered 
     balances of funds which remain in a separate account 
     established pursuant to subsection (a) shall be disposed of 
     for such purposes as may be agreed to by the government of 
     that country and the United States Government.
       (5) Reporting requirement.--The Administrator of the United 
     States Agency for International Development shall report on 
     an annual basis as part of the justification documents 
     submitted to the Committees on Appropriations on the use of 
     local currencies for the administrative requirements of the 
     United States Government as authorized in subsection 
     (a)(2)(B), and such report shall include the amount of local 
     currency (and United States dollar equivalent) used and/or to 
     be used for such purpose in each applicable country.
       (b) Separate Accounts for Cash Transfers.--(1) If 
     assistance is made available to the government of a foreign 
     country, under chapter 1 or 10 of part I or chapter 4 of part 
     II of the Foreign Assistance Act of 1961, as cash transfer 
     assistance or as nonproject sector assistance, that country 
     shall be required to maintain such funds in a separate 
     account and not commingle them with any other funds.
       (2) Applicability of other provisions of law.--Such funds 
     may be obligated and expended notwithstanding provisions of 
     law which are inconsistent with the nature of this assistance 
     including provisions which are referenced in the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying House Joint Resolution 648 (House Report No. 98-
     1159).
       (3) Notification.--At least 15 days prior to obligating any 
     such cash transfer or nonproject sector assistance, the 
     President shall submit a notification through the regular 
     notification procedures of the Committees on Appropriations, 
     which shall include a detailed description of how the funds 
     proposed to be made available will be used, with a discussion 
     of the United States interests that will be served by the 
     assistance (including, as appropriate, a description of the 
     economic policy reforms that will be promoted by such 
     assistance).
       (4) Exemption.--Nonproject sector assistance funds may be 
     exempt from the requirements of

[[Page S9745]]

     subsection (b)(1) only through the notification procedures of 
     the Committees on Appropriations.


                      enterprise fund restrictions

       Sec. 5030. (a) Prior to the distribution of any assets 
     resulting from any liquidation, dissolution, or winding up of 
     an Enterprise Fund, in whole or in part, the President shall 
     submit to the Committees on Appropriations, in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations, a plan for the distribution of the assets of 
     the Enterprise Fund.
       (b) Funds made available by this Act for Enterprise Funds 
     shall be expended at the minimum rate necessary to make 
     timely payment for projects and activities.


                                 burma

       Sec. 5031. (a) The Secretary of the Treasury shall instruct 
     the United States executive director to each appropriate 
     international financial institution in which the United 
     States participates, to oppose and vote against the extension 
     by such institution of any loan or financial or technical 
     assistance or any other utilization of funds of the 
     respective bank to and for Burma.
       (b) Of the funds appropriated under the heading ``Economic 
     Support Fund'', not less than $15,000,000 shall be made 
     available to support democracy activities in Burma, along the 
     Burma-Thailand border, for activities of Burmese student 
     groups and other organizations located outside Burma, and for 
     the purpose of supporting the provision of humanitarian 
     assistance to displaced Burmese along Burma's borders: 
     Provided, That funds made available under this heading may be 
     made available notwithstanding any other provision of law: 
     Provided further, That in addition to assistance for Burmese 
     refugees provided under the heading ``Migration and Refugee 
     Assistance'' in this Act, not less than $4,000,000 of the 
     funds made available under this heading shall be made 
     available for humanitarian assistance for displaced Burmese 
     and host communities in Thailand, and not less than 
     $3,000,000 of such funds shall be made available to Thailand-
     based, nongovernmental organizations operating along the 
     Thai-Burma border to provide food, medical and other 
     humanitarian assistance to internally displaced peoples in 
     Burma: Provided further, That funds made available under this 
     section shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (c) None of the funds appropriated by this Act may be made 
     available to the central government of any country that is a 
     major provider of weapons or other defense-related equipment 
     to the State Peace and Development Council.


authorities for the peace corps, inter-american foundation and african 
                         development foundation

       Sec. 5032. Unless expressly provided to the contrary, 
     provisions of this or any other Act, including provisions 
     contained in prior Acts authorizing or making appropriations 
     for foreign operations, export financing, and related 
     programs, shall not be construed to prohibit activities 
     authorized by or conducted under the Peace Corps Act, the 
     Inter-American Foundation Act or the African Development 
     Foundation Act. The agency shall promptly report to the 
     Committees on Appropriations whenever it is conducting 
     activities or is proposing to conduct activities in a country 
     for which assistance is prohibited.


                  impact on jobs in the united states

       Sec. 5033. None of the funds appropriated by this Act may 
     be obligated or expended to provide--
       (a) any financial incentive to a business enterprise 
     currently located in the United States for the purpose of 
     inducing such an enterprise to relocate outside the United 
     States if such incentive or inducement is likely to reduce 
     the number of employees of such business enterprise in the 
     United States because United States production is being 
     replaced by such enterprise outside the United States; or
       (b) assistance for any program, project, or activity that 
     contributes to the violation of internationally recognized 
     workers rights, as defined in section 507(4) of the Trade Act 
     of 1974, of workers in the recipient country, including any 
     designated zone or area in that country: Provided, That the 
     application of section 507(4) (D) and (E) of such Act should 
     be commensurate with the level of development of the 
     recipient country and sector, and shall not preclude 
     assistance for the informal sector in such country, micro and 
     small-scale enterprise, and smallholder agriculture.


                          special authorities

       Sec. 5034. (a) Afghanistan, Iraq, Pakistan, Lebanon, 
     Montenegro, Victims of War, Displaced Children, and Displaced 
     Burmese.--Funds appropriated by this Act that are made 
     available for assistance for Afghanistan may be made 
     available notwithstanding section 5012 of this Act or any 
     similar provision of law and section 660 of the Foreign 
     Assistance Act of 1961, and funds appropriated in titles I 
     and II of this Act that are made available for Iraq, Lebanon, 
     Montenegro, Pakistan, and for victims of war, displaced 
     children, and displaced Burmese, and to assist victims of 
     trafficking in persons and, subject to the regular 
     notification procedures of the Committees on Appropriations, 
     to combat such trafficking and to address sexual and gender-
     based violence, may be made available notwithstanding any 
     other provision of law.
       (b) Tropical Forestry and Biodiversity Conservation 
     Activities.--Funds appropriated by this Act to carry out the 
     provisions of sections 103 through 106, and chapter 4 of part 
     II, of the Foreign Assistance Act of 1961 may be used, 
     notwithstanding any other provision of law, for the purpose 
     of supporting tropical forestry and biodiversity conservation 
     activities and energy programs aimed at reducing greenhouse 
     gas emissions: Provided, That such assistance shall be 
     subject to sections 116, 502B, and 620A of the Foreign 
     Assistance Act of 1961.
       (c) Personal Services Contractors.--Funds appropriated by 
     this Act to carry out chapter 1 of part I, chapter 4 of part 
     II, and section 667 of the Foreign Assistance Act of 1961, 
     and title II of the Agricultural Trade Development and 
     Assistance Act of 1954, may be used by the United States 
     Agency for International Development to employ up to 25 
     personal services contractors in the United States, 
     notwithstanding any other provision of law, for the purpose 
     of providing direct, interim support for new or expanded 
     overseas programs and activities managed by the agency until 
     permanent direct hire personnel are hired and trained: 
     Provided, That not more than 10 of such contractors shall be 
     assigned to any bureau or office: Provided further, That such 
     funds appropriated to carry out title II of the Agricultural 
     Trade Development and Assistance Act of 1954, may be made 
     available only for personal services contractors assigned to 
     the Office of Food for Peace.
       (d)(1) Waiver.--The President may waive the provisions of 
     section 1003 of Public Law 100-204 if the President 
     determines and certifies in writing to the Speaker of the 
     House of Representatives and the President pro tempore of the 
     Senate that it is important to the national security 
     interests of the United States.
       (2) Period of application of waiver.--Any waiver pursuant 
     to paragraph (1) shall be effective for no more than a period 
     of 6 months at a time and shall not apply beyond 12 months 
     after the enactment of this Act.
       (e) Small Business.--In entering into multiple award 
     indefinite-quantity contracts with funds appropriated by this 
     Act, the United States Agency for International Development 
     may provide an exception to the fair opportunity process for 
     placing task orders under such contracts when the order is 
     placed with any category of small or small disadvantaged 
     business.
       (f) Contingencies.--During fiscal year 2005, the President 
     may use up to $50,000,000 under the authority of section 451 
     of the Foreign Assistance Act of 1961, notwithstanding the 
     funding ceiling in section 451(a).
       (g) Reconstituting Civilian Police Authority.--In providing 
     assistance with funds appropriated by this Act under section 
     660(b)(6) of the Foreign Assistance Act of 1961, support for 
     a nation emerging from instability may be deemed to mean 
     support for regional, district, municipal, or other sub-
     national entity emerging from instability, as well as a 
     nation emerging from instability.
       (h) World Food Program.--Of the funds managed by the Bureau 
     for Democracy, Conflict, and Humanitarian Assistance of the 
     United States Agency for International Development, from this 
     or any other Act, not less than $6,000,000 shall be made 
     available as a general contribution to the World Food 
     Program, notwithstanding any other provision of law.
       (i) National Endowment for Democracy.--Funds appropriated 
     by this Act that are provided to the National Endowment for 
     Democracy may be provided notwithstanding any other provision 
     of law or regulation.
       (j) Sudan.--For the purposes of section 501 of Public Law 
     106-570, the terms ``areas outside of control of the 
     Government of Sudan'' and ``area in Sudan outside of control 
     of the Government of Sudan'' shall, upon conclusion of a 
     peace agreement between the Government of Sudan and the Sudan 
     People's Liberation Movement, have the same meaning and 
     application as was the case immediately prior to the 
     conclusion of such agreement.
       (k) Indochinese Parolees.--Section 586 of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 2001 (8 U.S.C. 1255 note), as enacted 
     into law by section 101(a) of Public Law 106-429, is 
     amended--
       (1) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary of Homeland Security'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``she'' and inserting ``the Secretary of Homeland Security''; 
     and
       (B) in paragraph (1), by striking ``within three years 
     after the date of promulgation by the Attorney General of 
     regulations in connection with this title'';
       (3) in subsection (c), by striking ``212(8)(A)'' and 
     inserting ``212(a)(8)(A)'';
       (4) by striking subsection (d);
       (5) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively;
       (6) by adding at the end the following new subsection:
       ``(f) Adjudication of Applications.--The Secretary of 
     Homeland Security shall--
       ``(1) adjudicate applications for adjustment under this 
     section, notwithstanding any limitation on the number of 
     adjustments under this section or any deadline for such 
     applications that previously existed in law or regulation; 
     and
       ``(2) not charge a fee in addition to any fee that 
     previously was submitted with such application.''; and
       (7) The amendments made by this subsection shall take 
     effect as if enacted as part of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2001.
       (l) Extension of Authority.--Public Law 107-57, as amended, 
     is further amended--
       (1) in section 1(b) by striking ``2004'' wherever appearing 
     (including in the caption), and inserting in lieu thereof 
     ``2005'';
       (2) in section 3(2), by striking ``and ``2004'' and 
     inserting in lieu thereof ``2004 and 2005''; and
       (3) in section 6, by striking ``2004'' and inserting in 
     lieu thereof ``2005''.
       (m) Endowments.--
       (1) Of the funds appropriated by this Act and prior Acts 
     making appropriations for foreign operations, export 
     financing, and related programs, that are available for 
     assistance for Cambodia, the following amounts should be made 
     available as follows:

[[Page S9746]]

       (A) $5,000,000 for an endowment for a Cambodian 
     nongovernmental organization to document genocide and crimes 
     against humanity in Cambodia; and
       (B) $3,750,000 for an endowment for an American 
     nongovernmental organization to sustain rehabilitation 
     programs in Cambodia for persons suffering from physical 
     disabilities.
       (2) Such organizations may place amounts made available 
     under this subsection in interest bearing accounts and any 
     interest earned on such investment shall be used for the 
     purpose for which funds were made available under this 
     subsection.
       (3) Funds appropriated in subsequent Acts making 
     appropriations for foreign operations, export financing, and 
     related programs may also be used for purposes of this 
     subsection.
       (n) Conformity of Laws.--Title 16, United States Code is 
     amended--
       (1) in section 3371(f), by inserting ``or foreign country'' 
     after ``indigenous to any State'';
       (2) in section 3371(f)(B), by inserting ``or foreign'' 
     after ``State'';
       (3) in section 3372(a)(2)(B), by inserting before the 
     semicolon ``or in violation of any foreign law''; and
       (4) in section 3372(a)(3)(B), by inserting before the 
     semicolon ``or in violation of any foreign law''.
       (o) Extension of Authority.--Chapter 5 of title I of the 
     Emergency Wartime Supplemental Appropriations Act, 2003 
     (Public Law 108-11), is amended under the heading ``Loan 
     Guarantees to Israel''--
       (1) by striking ``During the period beginning March 1, 
     2003, and ending September 30, 2005,'' and inserting ``During 
     the period beginning March 1, 2003, and ending September 30, 
     2007,''; and
       (2) by striking ``That if less than the full amount of 
     guarantees authorized to be made available is issued prior to 
     September 30, 2005,'' and inserting ``That if less than the 
     full amount of guarantees authorized to be made available is 
     issued prior to September 30, 2007,''.
       (p) Affordable Housing.--Section 607(b)(3)(B) of title VI 
     of division D of the Consolidated Appropriations Act of 2004, 
     P.L. 108-199, January 23, 2004, is amended by striking 
     ``and'' under subparagraph (A), and inserting before the 
     period in subparagraph (B): ``; and (C) provide decent, 
     affordable housing''


                     ARAB LEAGUE BOYCOTT OF ISRAEL

       Sec. 5035. It is the sense of the Congress that--
       (1) the Arab League boycott of Israel, and the secondary 
     boycott of American firms that have commercial ties with 
     Israel, is an impediment to peace in the region and to United 
     States investment and trade in the Middle East and North 
     Africa;
       (2) the Arab League boycott, which was regrettably 
     reinstated in 1997, should be immediately and publicly 
     terminated, and the Central Office for the Boycott of Israel 
     immediately disbanded;
       (3) the three Arab League countries with diplomatic and 
     trade relations with Israel should return their ambassadors 
     to Israel, should refrain from downgrading their relations 
     with Israel, and should play a constructive role in securing 
     a peaceful resolution of the Israeli-Arab conflict;
       (4) the remaining Arab League states should normalize 
     relations with their neighbor Israel;
       (5) the President and the Secretary of State should 
     continue to vigorously oppose the Arab League boycott of 
     Israel and find concrete steps to demonstrate that opposition 
     by, for example, taking into consideration the participation 
     of any recipient country in the boycott when determining to 
     sell weapons to said country; and
       (6) the President should report to Congress annually on 
     specific steps being taken by the United States to encourage 
     Arab League states to normalize their relations with Israel 
     to bring about the termination of the Arab League boycott of 
     Israel, including those to encourage allies and trading 
     partners of the United States to enact laws prohibiting 
     businesses from complying with the boycott and penalizing 
     businesses that do comply.


                       eligibility for assistance

       Sec. 5036. (a) Assistance Through Nongovernmental 
     Organizations.--Restrictions contained in this or any other 
     Act with respect to assistance for a country shall not be 
     construed to restrict assistance in support of programs of 
     nongovernmental organizations from funds appropriated by this 
     Act to carry out the provisions of chapters 1, 10, 11, and 12 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961, and from funds appropriated under the heading 
     ``Assistance for Eastern Europe and the Baltic States'': 
     Provided, That before using the authority of this subsection 
     to furnish assistance in support of programs of 
     nongovernmental organizations, the President shall notify the 
     Committees on Appropriations under the regular notification 
     procedures of those committees, including a description of 
     the program to be assisted, the assistance to be provided, 
     and the reasons for furnishing such assistance: Provided 
     further, That nothing in this subsection shall be construed 
     to alter any existing statutory prohibitions against abortion 
     or involuntary sterilizations contained in this or any other 
     Act.
       (b) Public Law 480.--During fiscal year 2005, restrictions 
     contained in this or any other Act with respect to assistance 
     for a country shall not be construed to restrict assistance 
     under the Agricultural Trade Development and Assistance Act 
     of 1954: Provided, That none of the funds appropriated to 
     carry out title I of such Act and made available pursuant to 
     this subsection may be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.
       (c) Exception.--This section shall not apply--
       (1) with respect to section 620A of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to countries that support international terrorism; 
     or
       (2) with respect to section 116 of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to the government of a country that violates 
     internationally recognized human rights.


                         reservations of funds

       Sec. 5037. (a) Funds appropriated by this Act which are 
     earmarked may be reprogrammed for other programs within the 
     same account notwithstanding the earmark if compliance with 
     the earmark is made impossible by operation of any provision 
     of this or any other Act: Provided, That any such 
     reprogramming shall be subject to the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That assistance that is reprogrammed pursuant to 
     this subsection shall be made available under the same terms 
     and conditions as originally provided.
       (b) In addition to the authority contained in subsection 
     (a), the original period of availability of funds 
     appropriated by this Act and administered by the United 
     States Agency for International Development that are 
     earmarked for particular programs or activities by this or 
     any other Act shall be extended for an additional fiscal year 
     if the Administrator of such agency determines and reports 
     promptly to the Committees on Appropriations that the 
     termination of assistance to a country or a significant 
     change in circumstances makes it unlikely that such earmarked 
     funds can be obligated during the original period of 
     availability: Provided, That such earmarked funds that are 
     continued available for an additional fiscal year shall be 
     obligated only for the purpose of such earmark.


                         ceilings and earmarks

       Sec. 5038. Ceilings and earmarks contained in this Act 
     shall not be applicable to funds or authorities appropriated 
     or otherwise made available by any subsequent Act unless such 
     Act specifically so directs. Earmarks or minimum funding 
     requirements contained in any other Act shall not be 
     applicable to funds appropriated by this Act.


                 prohibition on publicity or propaganda

       Sec. 5039. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes within 
     the United States not authorized before the date of the 
     enactment of this Act by the Congress: Provided, That not to 
     exceed $750,000 may be made available to carry out the 
     provisions of section 316 of Public Law 96-533.


           prohibition of payments to united nations members

       Sec. 5040. None of the funds appropriated or made available 
     pursuant to this Act for carrying out the Foreign Assistance 
     Act of 1961, may be used to pay in whole or in part any 
     assessments, arrearages, or dues of any member of the United 
     Nations or, from funds appropriated by this Act to carry out 
     chapter 1 of part I of the Foreign Assistance Act of 1961, 
     the costs for participation of another country's delegation 
     at international conferences held under the auspices of 
     multilateral or international organizations.


              nongovernmental organizations--documentation

       Sec. 5041. None of the funds appropriated or made available 
     pursuant to this Act shall be available to a nongovernmental 
     organization which fails to provide upon timely request any 
     document, file, or record necessary to the auditing 
     requirements of the United States Agency for International 
     Development.


  Prohibition on Assistance to Foreign Governments that Export Lethal 
   Military Equipment to Countries Supporting International Terrorism

       Sec. 5042. (a) None of the funds appropriated or otherwise 
     made available by this Act may be available to any foreign 
     government which provides lethal military equipment to a 
     country the government of which the Secretary of State has 
     determined is a terrorist government for purposes of section 
     6(j) of the Export Administration Act. The prohibition under 
     this section with respect to a foreign government shall 
     terminate 12 months after that government ceases to provide 
     such military equipment. This section applies with respect to 
     lethal military equipment provided under a contract entered 
     into after October 1, 1997.
       (b) Assistance restricted by subsection (a) or any other 
     similar provision of law, may be furnished if the President 
     determines that furnishing such assistance is important to 
     the national interests of the United States.
       (c) Whenever the waiver authority of subsection (b) is 
     exercised, the President shall submit to the appropriate 
     congressional committees a report with respect to the 
     furnishing of such assistance. Any such report shall include 
     a detailed explanation of the assistance to be provided, 
     including the estimated dollar amount of such assistance, and 
     an explanation of how the assistance furthers United States 
     national interests.


  withholding of assistance for parking fines and real property taxes 
                       owed by foreign countries

       Sec. 5043. (a) Subject to subsection (c), of the funds 
     appropriated by this Act that are made available for 
     assistance for a foreign country, an amount equal to 110 
     percent of the total amount of the unpaid fully adjudicated 
     parking fines and penalties and unpaid property taxes owed by 
     the central government of such country shall be withheld from 
     obligation for assistance for the central government of such 
     country until the Secretary of State submits a certification 
     to the appropriate congressional committees stating that such 
     parking fines and penalties and unpaid property taxes are 
     fully paid.

[[Page S9747]]

       (b) Funds withheld from obligation pursuant to subsection 
     (a) may be made available for other programs or activities 
     funded by this Act, after consultation with and subject to 
     the regulation notification procedures of the appropriate 
     congressional committees, provided that no such funds shall 
     be made available for assistance for the central government 
     of a foreign country that has not paid the total amount of 
     the fully adjudicated parking fines and penalties and upaid 
     property taxes owed by such country.
       (c) Subsection (a) shall not include amounts that have been 
     withheld under any other provision of law.
       (d)(1) The Secretary of State may waive the requirements 
     set forth in subsection (a) with respect to parking fines and 
     penalties no sooner than 60 days from the date of enactment 
     of this Act, or at any time with respect to a particular 
     country, if the Secretary determines that it is in the 
     national interests of the United States to do so.
     (2) the Secretary of State may waive the requirements set 
     forth in subsection (a) with respect to the unpaid property 
     taxes if the Secretary of State determines that it is in the 
     national interests of the United States to do so.
       (e) Not later than 6 months after the initial exercise of 
     the waiver authority in subsection (d), the Secretary of 
     State, after consultations with the City of New York, shall 
     submit a report to the Committees on Appropriations 
     describing a strategy, including a timetable and steps 
     currently being taken, to collect the parking fines and 
     penalties and unpaid property taxes and interest owed by 
     nations receiving foreign assistance under this Act.
       (f) In this section:
       (1) The term ``appropriate congressional committees'' means 
     the Committee on Appropriations of the Senate and the 
     Committee on Appropriations of the House of Representatives.
       (2) The term ``fully adjudicated'' includes circumstances 
     in which the person to whom the vehicle is registered--
       (A)(i) has not responded to the parking violation summons; 
     or
       (ii) has not followed the appropriate adjudication 
     procedure to challenge the summons; and
       (B) the period of time for payment of or challenge to the 
     summons has lapsed.
       (3) The term ``parking fines and penalties'' means parking 
     fines and penalties--
       (A) owed to--
       (i) the District of Columbia; or
       (ii) New York, New York; and
       (B) incurred during the period April 1, 1997 through 
     September 30, 2004.
     (4) The term `unpaid property taxes' means the amount of 
     unpaid taxes and interest on such taxes that have accrued on 
     real property in the District of Columbia or New York, New 
     York under applicable law.


    limitation on assistance for the plo for the west bank and gaza

       Sec. 5044. None of the funds appropriated by this Act may 
     be obligated for assistance for the Palestine Liberation 
     Organization for the West Bank and Gaza unless the President 
     has exercised the authority under section 604(a) of the 
     Middle East Peace Facilitation Act of 1995 (title VI of 
     Public Law 104-107) or any other legislation to suspend or 
     make inapplicable section 307 of the Foreign Assistance Act 
     of 1961 and that suspension is still in effect: Provided, 
     That if the President fails to make the certification under 
     section 604(b)(2) of the Middle East Peace Facilitation Act 
     of 1995 or to suspend the prohibition under other 
     legislation, funds appropriated by this Act may not be 
     obligated for assistance for the Palestine Liberation 
     Organization for the West Bank and Gaza.


                     war crimes tribunals drawdown

       Sec. 5045. If the President determines that doing so will 
     contribute to a just resolution of charges regarding genocide 
     or other violations of international humanitarian law, the 
     President may direct a drawdown pursuant to section 552(c) of 
     the Foreign Assistance Act of 1961 of up to $32,000,000 of 
     commodities and services for the United Nations War Crimes 
     Tribunal established with regard to the former Yugoslavia by 
     the United Nations Security Council or such other tribunals 
     or commissions as the Council may establish or authorize to 
     deal with such violations, without regard to the ceiling 
     limitation contained in paragraph (2) thereof: Provided, That 
     the determination required under this section shall be in 
     lieu of any determinations otherwise required under section 
     552(c): Provided further, That the drawdown made under this 
     section for any tribunal shall not be construed as an 
     endorsement or precedent for the establishment of any 
     standing or permanent international criminal tribunal or 
     court: Provided further, That funds made available for 
     tribunals other than Yugoslavia, Rwanda, or the Special Court 
     for Sierra Leone shall be made available subject to the 
     regular notification procedures of the Committees on 
     Appropriations.


                               landmines

       Sec. 5046. Notwithstanding any other provision of law, 
     demining equipment available to the United States Agency for 
     International Development and the Department of State and 
     used in support of the clearance of landmines and unexploded 
     ordnance for humanitarian purposes may be disposed of on a 
     grant basis in foreign countries, subject to such terms and 
     conditions as the President may prescribe.


           restrictions concerning the palestinian authority

       Sec. 5047. None of the funds appropriated by this Act may 
     be obligated or expended to create in any part of Jerusalem a 
     new office of any department or agency of the United States 
     Government for the purpose of conducting official United 
     States Government business with the Palestinian Authority 
     over Gaza and Jericho or any successor Palestinian governing 
     entity provided for in the Israel-PLO Declaration of 
     Principles: Provided, That this restriction shall not apply 
     to the acquisition of additional space for the existing 
     Consulate General in Jerusalem: Provided further, That 
     meetings between officers and employees of the United States 
     and officials of the Palestinian Authority, or any successor 
     Palestinian governing entity provided for in the Israel-PLO 
     Declaration of Principles, for the purpose of conducting 
     official United States Government business with such 
     authority should continue to take place in locations other 
     than Jerusalem. As has been true in the past, officers and 
     employees of the United States Government may continue to 
     meet in Jerusalem on other subjects with Palestinians 
     (including those who now occupy positions in the Palestinian 
     Authority), have social contacts, and have incidental 
     discussions.


               prohibition of payment of certain expenses

       Sec. 5048. None of the funds appropriated or otherwise made 
     available by this Act under the heading ``International 
     Military Education and Training'' or ``Foreign Military 
     Financing Program'' for Informational Program activities or 
     under the headings ``Child Survival and Health Programs 
     Fund'', ``Development Assistance'', and ``Economic Support 
     Fund'' may be obligated or expended to pay for--
       (1) alcoholic beverages; or
       (2) entertainment expenses for activities that are 
     substantially of a recreational character, including but not 
     limited to entrance fees at sporting events, theatrical and 
     musical productions, and amusement parks.


                                 Haiti

       Sec. 5049. (a) Of the funds appropriated by this Act, not 
     less than the following amounts shall be made available for 
     assistance for Haiti--
       (1) $20,000,000 from ``Child Survival and Health Programs 
     Fund'', including $2,000,000 for Zanmi Lasante;
       (2) $25,000,000 from ``Development Assistance'', of which 
     not less than $15,000,000 shall be made available for 
     agriculture and environment programs, including $2,000,000 
     for the Hillside Agriculture Production program;
      (3) $35,000,000 from ``Economic Support Fund'', $25,000,000 
     of which shall be made available for judicial reform 
     programs, and $10,000,000 of which shall be made available to 
     the Organization of American States for expenses related to 
     the organization and holding of free and fair elections in 
     Haiti in 2005; and
       (4) $10,000,000 from ``International Narcotics Control and 
     Law Enforcement'', which shall be made available for police 
     training.
       (b) The Government of Haiti shall be eligible to purchase 
     defense articles and services under the Arms Export Control 
     Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
       (c) Not later than 60 days after enactment of this Act, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations containing an assessment of the Haitian 
     Government's role in the trial and acquittal of Louis Jodel 
     Chamblain, and of the Haitian Government's efforts to 
     prosecute and punish individuals responsible for gross 
     violations of human rights.
       (d) Not less than 90 days after enactment of this Act, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations which contains a detailed multi-year 
     assistance strategy for Haiti.
       (e) Not later than 180 days after enactment of this Act and 
     after consultation with appropriate international development 
     organizations and Haitian officials, organizations and 
     communities, the Administrator of the United States Agency 
     for International Development shall submit a report to the 
     Committees on Appropriations setting forth a plan for the 
     reforestation of areas in Haiti that are vulnerable to 
     erosion which pose significant danger to human health and 
     safety.


         limitation on assistance to the palestinian authority

       Sec. 5050. (a) Prohibition of Funds.--None of the funds 
     appropriated by this Act to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     may be obligated or expended with respect to providing funds 
     to the Palestinian Authority.
       (b) Waiver.--The prohibition included in subsection (a) 
     shall not apply if the President certifies in writing to the 
     Speaker of the House of Representatives and the President pro 
     tempore of the Senate that waiving such prohibition is 
     important to the national security interests of the United 
     States.
       (c) Period of Application of Waiver.--Any waiver pursuant 
     to subsection (b) shall be effective for no more than a 
     period of 6 months at a time and shall not apply beyond 12 
     months after the enactment of this Act.
       (d) Report.--Whenever the waiver authority pursuant to 
     subsection (b) is exercised, the President shall submit a 
     report to the Committees on Appropriations detailing the 
     steps the Palestinian Authority has taken to arrest 
     terrorists, confiscate weapons and dismantle the terrorist 
     infrastructure. The report shall also include a description 
     of how funds will be spent and the accounting procedures in 
     place to ensure that they are properly disbursed.


              limitation on assistance to security forces

       Sec. 5051. None of the funds made available by this Act may 
     be provided to any unit of the security forces of a foreign 
     country if the Secretary of State has credible evidence that 
     such unit has committed gross violations of human rights, 
     unless the Secretary determines and reports to the Committees 
     on Appropriations that the government of such country is 
     taking effective measures to bring the responsible members of 
     the security forces unit to justice: Provided, That nothing 
     in this section shall be construed to withhold funds made 
     available by this Act from any unit of the security forces of 
     a foreign country not credibly alleged to be involved in

[[Page S9748]]

     gross violations of human rights: Provided further, That in 
     the event that funds are withheld from any unit pursuant to 
     this section, the Secretary of State shall promptly inform 
     the foreign government of the basis for such action and 
     shall, to the maximum extent practicable, assist the foreign 
     government in taking effective measures to bring the 
     responsible members of the security forces to justice.


                    FOREIGN MILITARY TRAINING REPORT

       Sec. 5052. The annual foreign military training report 
     required by section 656 of the Foreign Assistance Act of 1961 
     shall be submitted by the Secretary of Defense and the 
     Secretary of State to the Committees on Appropriations of the 
     House of Representatives and the Senate by the date specified 
     in that section.


                       AUTHORIZATION REQUIREMENT

       Sec. 5053. Funds appropriated by this Act, except funds 
     appropriated under the headings ``Trade and Development 
     Agency'', ``Millenium Challenge Corporation'', and ``Global 
     HIV/AIDS Initiative'', may be obligated and expended 
     notwithstanding section 10 of Public Law 91-672 and section 
     15 of the State Department Basic Authorities Act of 1956.


                                cambodia

       Sec. 5054. (a) The Secretary of the Treasury should 
     instruct the United States executive directors of the 
     international financial institutions to use the voice and 
     vote of the United States to oppose loans to the Central 
     Government of Cambodia, except loans to meet basic human 
     needs.
       (b)(1) None of the funds appropriated by this Act may be 
     made available for assistance for the Central Government of 
     Cambodia.
       (2) Paragraph (1) shall not apply to assistance for basic 
     education, reproductive and maternal and child health, 
     cultural and historic preservation, programs for the 
     prevention, treatment, and control of, and research on, HIV/
     AIDS, tuberculosis, malaria, polio and other infectious 
     diseases, development and implementation of legislation and 
     implementation of procedures on inter-country adoptions 
     consistent with international standards, counternarcotics 
     programs, programs to combat human trafficking that are 
     provided through nongovernmental organizations, and for the 
     Ministry of Women and Veterans Affairs to combat human 
     trafficking.
       (c) Notwithstanding subsection (b), of the funds 
     appropriated by this Act under the heading ``Economic Support 
     Fund'', up to $5,000,000 may be made available for activities 
     to support democracy, including assistance for democratic 
     political parties.
       (d) Funds appropriated by this Act to carry out provisions 
     of section 541 of the Foreign Assistance Act of 1961 may be 
     made available notwithstanding subsection (b) only if at 
     least 15 days prior to the obligation of such funds, the 
     Secretary of State provides to the Committees on 
     Appropriations a list of those individuals who have been 
     credibly alleged to have ordered or carried out extrajudicial 
     and political killings that occurred during the March 1997 
     grenade attack against the Khmer Nation Party.
       (e) None of the funds appropriated or otherwise made 
     available by this Act may be used to provide assistance to 
     any tribunal established by the Government of Cambodia.


                         palestinian statehood

       Sec. 5055. (a) Limitation on Assistance.--None of the funds 
     appropriated by this Act may be provided to support a 
     Palestinian state unless the Secretary of State determines 
     and certifies to the appropriate congressional committees 
     that--
       (1) a new leadership of a Palestinian governing entity has 
     been democratically elected through credible and competitive 
     elections;
       (2) the elected governing entity of a new Palestinian 
     state--
       (A) has demonstrated a firm commitment to peaceful co-
     existence with the State of Israel;
       (B) is taking appropriate measures to counter terrorism and 
     terrorist financing in the West Bank and Gaza, including the 
     dismantling of terrorist infrastructures;
       (C) is establishing a new Palestinian security entity that 
     is cooperative with appropriate Israeli and other appropriate 
     security organizations; and
       (3) the Palestinian Authority (or the governing body of a 
     new Palestinian state) is working with other countries in the 
     region to vigorously pursue efforts to establish a just, 
     lasting, and comprehensive peace in the Middle East that will 
     enable Israel and an independent Palestinian state to exist 
     within the context of full and normal relationships, which 
     should include--
       (A) termination of all claims or states of belligerency;
       (B) respect for and acknowledgement of the sovereignty, 
     territorial integrity, and political independence of every 
     state in the area through measures including the 
     establishment of demilitarized zones;
       (C) their right to live in peace within secure and 
     recognized boundaries free from threats or acts of force;
       (D) freedom of navigation through international waterways 
     in the area; and
       (E) a framework for achieving a just settlement of the 
     refugee problem.
       (b) Sense of Congress.--It is the sense of Congress that 
     the newly elected governing entity should enact a 
     constitution assuring the rule of law, an independent 
     judiciary, and respect for human rights for its citizens, and 
     should enact other laws and regulations assuring transparent 
     and accountable governance.
       (c) Waiver.--The President may waive subsection (a) if he 
     determines that it is important to the national security 
     interests of the United States to do so.
       (d) Exemption.--The restriction in subsection (a) shall not 
     apply to assistance intended to help reform the Palestinian 
     Authority and affiliated institutions, or a newly elected 
     governing entity, in order to help meet the requirements of 
     subsection (a), consistent with the provisions of section 
     5050 of this Act (``Limitation on Assistance to the 
     Palestinian Authority'').


                                COLOMBIA

       Sec. 5056. (a) Determination and Certification Required.--
     Notwithstanding any other provision of law, funds 
     appropriated by this Act that are available for assistance 
     for the Colombian Armed Forces, may be made available as 
     follows:
       (1) Up to 75 percent of such funds may be obligated prior 
     to a determination and certification by the Secretary of 
     State pursuant to paragraph (2).
       (2) Up to 12.5 percent of such funds may be obligated only 
     after the Secretary of State certifies and reports to the 
     appropriate congressional committees that:
       (A) The Commander General of the Colombian Armed Forces is 
     suspending from the Armed Forces those members, of whatever 
     rank who, according to the Minister of Defense or the 
     Procuraduria General de la Nacion, have been credibly alleged 
     to have committed gross violations of human rights, including 
     extra-judicial killings, or to have aided or abetted 
     paramilitary organizations.
       (B) The Colombian Government is vigorously investigating 
     and prosecuting those members of the Colombian Armed Forces, 
     of whatever rank, who have been credibly alleged to have 
     committed gross violations of human rights, including extra-
     judicial killings, or to have aided or abetted paramilitary 
     organizations, and is promptly punishing those members of the 
     Colombian Armed Forces found to have committed such 
     violations of human rights or to have aided or abetted 
     paramilitary organizations.
       (C) The Colombian Armed Forces have made substantial 
     progress in cooperating with civilian prosecutors and 
     judicial authorities in such cases (including providing 
     requested information, such as the identity of persons 
     suspended from the Armed Forces and the nature and cause of 
     the suspension, and access to witnesses, relevant military 
     documents, and other requested information).
       (D) The Colombian Armed Forces have made substantial 
     progress in severing links (including denying access to 
     military intelligence, vehicles, and other equipment or 
     supplies, and ceasing other forms of active or tacit 
     cooperation) at the command, battalion, and brigade levels, 
     with paramilitary organizations, especially in regions where 
     these organizations have a significant presence.
       (E) The Colombian Government is dismantling paramilitary 
     leadership and financial networks by arresting commanders and 
     financial backers, especially in regions where these networks 
     have a significant presence.
       (3) The balance of such funds may be obligated after July 
     31, 2005, if the Secretary of State certifies and reports to 
     the appropriate congressional committees, after such date, 
     that the Colombian Armed Forces are continuing to meet the 
     conditions contained in paragraph (2) and are conducting 
     vigorous operations to restore government authority and 
     respect for human rights in areas under the effective control 
     of paramilitary and guerrilla organizations.
       (b) Congressional Notification.--Funds made available by 
     this Act for the Colombian Armed Forces shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations.
       (c) Consultative Process.--
       (1) Prior to making the certifications required by 
     subsection (a), the Secretary of State shall consult with the 
     appropriate congressional committees, request the opinion of 
     the Office of the United Nations High Commissioner for Human 
     Rights in Colombia and consult with the International 
     Committee of the Red Cross regarding each of the conditions 
     specified in paragraphs (2)(A) through (E) of that 
     subsection.
       (2) Not later than 60 days after the date of enactment of 
     this Act, and every 90 days thereafter until September 30, 
     2006, the Secretary of State shall consult with 
     internationally recognized human rights organizations 
     regarding progress in meeting the conditions contained in 
     that subsection.
       (d) Definitions.--In this section:
       (1) Aided or abetted.--The term ``aided or abetted'' means 
     to provide any support to paramilitary groups, including 
     taking actions which allow, facilitate, or otherwise foster 
     the activities of such groups.
       (2) Paramilitary groups.--The term ``paramilitary groups'' 
     means illegal self-defense groups and illegal security 
     cooperatives.


                          ILLEGAL ARMED GROUPS

       Sec. 5057. (a) Denial of Visas to Supporters of Colombian 
     Illegal Armed Groups.--Subject to subsection (b), the 
     Secretary of State shall not issue a visa to any alien who 
     the Secretary determines, based on credible evidence--
       (1) has willfully provided any support to the Revolutionary 
     Armed Forces of Colombia (FARC), the National Liberation Army 
     (ELN), or the United Self-Defense Forces of Colombia (AUC), 
     including taking actions or failing to take actions which 
     allow, facilitate, or otherwise foster the activities of such 
     groups; or
       (2) has committed, ordered, incited, assisted, or otherwise 
     participated in the commission of gross violations of human 
     rights, including extra-judicial killings, in Colombia.
       (b) Waiver.--Subsection (a) shall not apply if the 
     Secretary of State determines and certifies to the 
     appropriate congressional committees, on a case-by-case 
     basis, that the issuance of a visa to the alien is necessary 
     to support the peace process in Colombia or for urgent 
     humanitarian reasons.


 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION

       Sec. 5058. None of the funds appropriated or otherwise made 
     available by this Act may be

[[Page S9749]]

     used to provide equipment, technical support, consulting 
     services, or any other form of assistance to the Palestinian 
     Broadcasting Corporation.


                       west bank and gaza program

       Sec. 5059. (a) Oversight.--For fiscal year 2005, 30 days 
     prior to the initial obligation of funds for the bilateral 
     West Bank and Gaza Program, the Secretary of State shall 
     certify to the appropriate committees of Congress that 
     procedures have been established to assure the Comptroller 
     General of the United States will have access to appropriate 
     United States financial information in order to review the 
     uses of United States assistance for the Program funded under 
     the heading ``Economic Support Fund'' for the West Bank and 
     Gaza.
       (b) Vetting.--Prior to the obligation of funds appropriated 
     by this Act under the heading ``Economic Support Fund'' for 
     assistance for the West Bank and Gaza, the Secretary of State 
     shall take all appropriate steps to ensure that such 
     assistance is not provided to or through any individual, 
     private or government entity, or educational institution that 
     the Secretary knows or has reason to believe advocates, 
     plans, sponsors, engages in, or has engaged in, terrorist 
     activity. The Secretary of State shall, as appropriate, 
     establish procedures specifying the steps to be taken in 
     carrying out this subsection and shall terminate assistance 
     to any individual, entity, or educational institution which 
     he has determined to be involved in or advocating terrorist 
     activity.
       (c) Certification.--Prior to making an award of any grant 
     or cooperative agreement obligating funds appropriated by 
     this Act for assistance under the West Bank and Gaza program, 
     the United States Agency for International Development shall 
     obtain from the proposed recipient of such funds a 
     certification to the effect that the recipient will take all 
     reasonable steps to ensure that it does not, and will not, 
     knowingly provide material support or resources to any 
     individual or entity that engages in, or has engaged in, 
     terrorist acts: Provided, That such certification shall also 
     require that the proposed recipient will implement reasonable 
     monitoring and oversight procedure to safeguard against 
     assistance being diverted to support terrorist activity.
       (d) Prohibition.--None of the funds appropriated by this 
     Act for assistance under the West Bank and Gaza program may 
     be made available for the purpose of recognizing or otherwise 
     honoring individuals who commit, or have committed, acts of 
     terrorism.
       (e) Audits.--(1) The Administrator of the United States 
     Agency for International Development shall ensure that 
     Federal or non-Federal audits of all contractors and 
     grantees, and significant subcontractors and subgrantees, 
     under the West Bank and Gaza Program, are conducted at least 
     on an annual basis to ensure, among other things, compliance 
     with this section.
       (2) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'' that are made available for 
     assistance for the West Bank and Gaza, up to $1,000,000 may 
     be used by the Office of the Inspector General of the United 
     States Agency for International Development for audits, 
     inspections, and other activities in furtherance of the 
     requirements of this subsection. Such funds are in addition 
     to funds otherwise available for such purposes.


            contributions to united nations population fund

       Sec. 5060. (a) Limitations on Amount of Contribution.--Of 
     the amounts made available under ``International 
     Organizations and Programs'' and ``Child Survival and Health 
     Programs Fund'' for fiscal year 2005, $34,000,000 shall be 
     made available for the United Nations Population Fund 
     (hereafter in this section referred to as the ``UNFPA''): 
     Provided, That of this amount, not less than $25,000,000 
     shall be derived from funds appropriated under the heading 
     ``International Organizations and Programs''.
       (b) Reprogramming of Funds.--Of the funds appropriated in 
     Public Law 108-199 that were available for the UNFPA, 
     $25,000,000 shall be made available for the family planning, 
     maternal, and reproductive health activities of the United 
     States Agency for International Development in Albania, 
     Azerbaijan, the Democratic Republic of the Congo, Ethiopia, 
     Georgia, Haiti, Kazakhstan, Kenya, Nigeria, Romania, Russia, 
     Rwanda, Tanzania, Uganda, and the Ukraine: Provided, That 
     such programs and activities shall be deemed to have been 
     justified to Congress.
       (c) Prohibition on Use of Funds in China.--None of the 
     funds made available under ``International Organizations and 
     Programs'' may be made available for the UNFPA for a country 
     program in the People's Republic of China.
       (d) Conditions on Availability of Funds.--Amounts made 
     available under ``International Organizations and Programs'' 
     for fiscal year 2005 for the UNFPA may not be made available 
     to UNFPA unless--
       (1) the UNFPA maintains amounts made available to the UNFPA 
     under this section in an account separate from other accounts 
     of the UNFPA;
       (2) the UNFPA does not commingle amounts made available to 
     the UNFPA under this section with other sums; and
       (3) the UNFPA does not fund abortions.
     (e) Availability and Use of Funds.--Funds appropriated under 
     the heading ``International Organizations and Programs'' that 
     are not made available for UNFPA because of the operation of 
     any provision of law shall remain available until September 
     30, 2006: Provided, That funds made available pursuant to 
     this section may not be used for any other purpose, 
     notwithstanding the authority contained in sections 451, 610 
     and 614 of the Foreign Assistance Act of 1961, or any other 
     provision of law unless specifically authorized in subsequent 
     legislation.


                             WAR CRIMINALS

       Sec. 5061. (a)(1) None of the funds appropriated or 
     otherwise made available pursuant to this Act may be made 
     available for assistance, and the Secretary of the Treasury 
     shall instruct the United States executive directors to the 
     international financial institutions to vote against any new 
     project involving the extension by such institutions of any 
     financial or technical assistance, to any country, entity, or 
     municipality whose competent authorities have failed, as 
     determined by the Secretary of State, to take necessary and 
     significant steps to implement its international legal 
     obligations to apprehend and transfer to the International 
     Criminal Tribunal for the former Yugoslavia (the 
     ``Tribunal'') all persons in their territory who have been 
     indicted by the Tribunal and to otherwise cooperate with the 
     Tribunal.
       (2) The provisions of this subsection shall not apply to 
     humanitarian assistance or assistance for democratization.
       (b) The provisions of subsection (a) shall apply unless the 
     Secretary of State determines and reports to the appropriate 
     congressional committees that the competent authorities of 
     such country, entity, or municipality are--
       (1) cooperating with the Tribunal, including access for 
     investigators to archives and witnesses, the provision of 
     documents, and the surrender and transfer of indictees or 
     assistance in their apprehension; and
       (2) are acting consistently with the Dayton Accords.
       (c) Not less than 10 days before any vote in an 
     international financial institution regarding the extension 
     of any new project involving financial or technical 
     assistance or grants to any country or entity described in 
     subsection (a), the Secretary of the Treasury, in 
     consultation with the Secretary of State, shall provide to 
     the Committees on Appropriations a written justification for 
     the proposed assistance, including an explanation of the 
     United States position regarding any such vote, as well as a 
     description of the location of the proposed assistance by 
     municipality, its purpose, and its intended beneficiaries.
       (d) In carrying out this section, the Secretary of State, 
     the Administrator of the United States Agency for 
     International Development, and the Secretary of the Treasury 
     shall consult with representatives of human rights 
     organizations and all government agencies with relevant 
     information to help prevent indicted war criminals from 
     benefiting from any financial or technical assistance or 
     grants provided to any country or entity described in 
     subsection (a).
       (e) The Secretary of State may waive the application of 
     subsection (a) with respect to projects within a country, 
     entity, or municipality upon a written determination to the 
     Committees on Appropriations that such assistance directly 
     supports the implementation of the Dayton Accords.
       (f) Definitions.--As used in this section--
       (1) Country.--The term ``country'' means Bosnia and 
     Herzegovina, Croatia and Serbia.
       (2) Entity.--The term ``entity'' refers to the Federation 
     of Bosnia and Herzegovina, Kosovo, Montenegro and the 
     Republika Srpska.
       (3) Municipality.--The term ``municipality'' means a city, 
     town or other subdivision within a country or entity as 
     defined herein.
       (4) Dayton accords.--The term ``Dayton Accords'' means the 
     General Framework Agreement for Peace in Bosnia and 
     Herzegovina, together with annexes relating thereto, done at 
     Dayton, November 10 through 16, 1995.


                               User Fees

       Sec. 5062. The Secretary of the Treasury shall instruct the 
     United States Executive Director at each international 
     financial institution (as defined in section 1701(c)(2) of 
     the International Financial Institutions Act) and the 
     International Monetary Fund to oppose any loan, grant, 
     strategy or policy of these institutions that would require 
     user fees or service charges on poor people for primary 
     education or primary healthcare, including prevention and 
     treatment efforts for HIV/AIDS, malaria, tuberculosis, and 
     infant, child, and maternal well-being, in connection with 
     the institutions' financing programs.


                           funding for serbia

       Sec. 5063. (a) Funds appropriated by this Act may be made 
     available for assistance for the central Government of Serbia 
     after May 31, 2005, if the President has made the 
     determination and certification contained in subsection (c).
       (b) After May 31, 2005, the Secretary of the Treasury 
     should instruct the United States executive directors to the 
     international financial institutions to support loans and 
     assistance to the Government of Serbia and Montenegro subject 
     to the conditions in subsection (c): Provided, That section 
     576 of the Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 1997, as amended, shall not 
     apply to the provision of loans and assistance to the 
     Government of Serbia and Montenegro through international 
     financial institutions.
       (c) The determination and certification referred to in 
     subsection (a) is a determination by the President and a 
     certification to the Committees on Appropriations that the 
     Government of Serbia and Montenegro is--
       (1) cooperating with the International Criminal Tribunal 
     for the former Yugoslavia including access for investigators, 
     the provision of documents, and the surrender and transfer of 
     indictees or assistance in their apprehension, including 
     making all practicable efforts to apprehend and transfer 
     Ratko Mladic;
       (2) taking steps that are consistent with the Dayton 
     Accords to end Serbian financial, political, security and 
     other support which has served to maintain separate Republika 
     Srpska institutions; and

[[Page S9750]]

       (3) taking steps to implement policies which reflect a 
     respect for minority rights and the rule of law.
       (d) This section shall not apply to Montenegro, Kosovo, 
     humanitarian assistance or assistance to promote democracy.


                   COMMUNITY-BASED POLICE ASSISTANCE

       Sec. 5064. (a) Authority.--Funds made available by this Act 
     to carry out the provisions of chapter 1 of part I and 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     may be used, notwithstanding section 660 of that Act, to 
     enhance the effectiveness and accountability of civilian 
     police authority through training and technical assistance in 
     human rights, the rule of law, strategic planning, and 
     through assistance to foster civilian police roles that 
     support democratic governance including assistance for 
     programs to prevent conflict, respond to disasters, and 
     foster improved police relations with the communities they 
     serve.
       (b) Notification.--Assistance provided under subsection (a) 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.


                  Special Debt Relief for the Poorest

       Sec. 5065. (a) Authority To Reduce Debt.--The President may 
     reduce amounts owed to the United States (or any agency of 
     the United States) by an eligible country as a result of--
       (1) guarantees issued under sections 221 and 222 of the 
     Foreign Assistance Act of 1961;
       (2) credits extended or guarantees issued under the Arms 
     Export Control Act; or
       (3) any obligation or portion of such obligation, to pay 
     for purchases of United States agricultural commodities 
     guaranteed by the Commodity Credit Corporation under export 
     credit guarantee programs authorized pursuant to section 5(f) 
     of the Commodity Credit Corporation Charter Act of June 29, 
     1948, as amended, section 4(b) of the Food for Peace Act of 
     1966, as amended (Public Law 89-808), or section 202 of the 
     Agricultural Trade Act of 1978, as amended (Public Law 95-
     501).
       (b) Limitations.--
       (1) The authority provided by subsection (a) may be 
     exercised only to implement multilateral official debt relief 
     and referendum agreements, commonly referred to as ``Paris 
     Club Agreed Minutes''.
       (2) The authority provided by subsection (a) may be 
     exercised only in such amounts or to such extent as is 
     provided in advance by appropriations Acts.
       (3) The authority provided by subsection (a) may be 
     exercised only with respect to countries with heavy debt 
     burdens that are eligible to borrow from the International 
     Development Association, but not from the International Bank 
     for Reconstruction and Development, commonly referred to as 
     ``IDA-only'' countries.
       (c) Conditions.--The authority provided by subsection (a) 
     may be exercised only with respect to a country whose 
     government--
       (1) does not have an excessive level of military 
     expenditures;
       (2) has not repeatedly provided support for acts of 
     international terrorism;
       (3) is not failing to cooperate on international narcotics 
     control matters;
       (4) (including its military or other security forces) does 
     not engage in a consistent pattern of gross violations of 
     internationally recognized human rights; and
       (5) is not ineligible for assistance because of the 
     application of section 527 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995.
       (d) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to the funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.
       (e) Certain Prohibitions Inapplicable.--A reduction of debt 
     pursuant to subsection (a) shall not be considered assistance 
     for the purposes of any provision of law limiting assistance 
     to a country. The authority provided by subsection (a) may be 
     exercised notwithstanding section 620(r) of the Foreign 
     Assistance Act of 1961 or section 321 of the International 
     Development and Food Assistance Act of 1975.


             Authority to Engage in Debt Buybacks or Sales

       Sec. 5066. (a) Loans Eligible for Sale, Reduction, or 
     Cancellation.--
       (1) Authority to sell, reduce, or cancel certain loans.--
     Notwithstanding any other provision of law, the President 
     may, in accordance with this section, sell to any eligible 
     purchaser any concessional loan or portion thereof made 
     before January 1, 1995, pursuant to the Foreign Assistance 
     Act of 1961, to the government of any eligible country as 
     defined in section 702(6) of that Act or on receipt of 
     payment from an eligible purchaser, reduce or cancel such 
     loan or portion thereof, only for the purpose of 
     facilitating--
       (A) debt-for-equity swaps, debt-for-development swaps, or 
     debt-for-nature swaps; or
       (B) a debt buyback by an eligible country of its own 
     qualified debt, only if the eligible country uses an 
     additional amount of the local currency of the eligible 
     country, equal to not less than 40 percent of the price paid 
     for such debt by such eligible country, or the difference 
     between the price paid for such debt and the face value of 
     such debt, to support activities that link conservation and 
     sustainable use of natural resources with local community 
     development, and child survival and other child development, 
     in a manner consistent with sections 707 through 710 of the 
     Foreign Assistance Act of 1961, if the sale, reduction, or 
     cancellation would not contravene any term or condition of 
     any prior agreement relating to such loan.
       (2) Terms and conditions.--Notwithstanding any other 
     provision of law, the President shall, in accordance with 
     this section, establish the terms and conditions under which 
     loans may be sold, reduced, or canceled pursuant to this 
     section.
       (3) Administration.--The Facility, as defined in section 
     702(8) of the Foreign Assistance Act of 1961, shall notify 
     the administrator of the agency primarily responsible for 
     administering part I of the Foreign Assistance Act of 1961 of 
     purchasers that the President has determined to be eligible, 
     and shall direct such agency to carry out the sale, 
     reduction, or cancellation of a loan pursuant to this 
     section. Such agency shall make adjustment in its accounts to 
     reflect the sale, reduction, or cancellation.
       (4) Limitation.--The authorities of this subsection shall 
     be available only to the extent that appropriations for the 
     cost of the modification, as defined in section 502 of the 
     Congressional Budget Act of 1974, are made in advance.
       (b) Deposit of Proceeds.--The proceeds from the sale, 
     reduction, or cancellation of any loan sold, reduced, or 
     canceled pursuant to this section shall be deposited in the 
     United States Government account or accounts established for 
     the repayment of such loan.
       (c) Eligible Purchasers.--A loan may be sold pursuant to 
     subsection (a)(1)(A) only to a purchaser who presents plans 
     satisfactory to the President for using the loan for the 
     purpose of engaging in debt-for-equity swaps, debt-for-
     development swaps, or debt-for-nature swaps.
       (d) Debtor Consultations.--Before the sale to any eligible 
     purchaser, or any reduction or cancellation pursuant to this 
     section, of any loan made to an eligible country, the 
     President should consult with the country concerning the 
     amount of loans to be sold, reduced, or canceled and their 
     uses for debt-for-equity swaps, debt-for-development swaps, 
     or debt-for-nature swaps.
       (e) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.


                            BASIC EDUCATION

       Sec. 5067. Of the funds appropriated by title II of this 
     Act, not less than $335,000,000 should be made available for 
     basic education.


                        reconciliation programs

       Sec. 5068. Of the funds appropriated under the heading 
     ``Economic Support Fund'', not less than $15,000,000 shall be 
     made available to support reconciliation programs and 
     activities which bring together individuals of different 
     ethnic, religious, and political backgrounds from areas of 
     civil conflict and war.


                          ENVIRONMENT PROGRAMS

       Sec. 5069. (a) Funding.--Of the funds appropriated under 
     the heading ``Development Assistance'', not less than 
     $175,500,000 shall be made available for programs and 
     activities which directly protect biodiversity, including 
     forests, in developing countries, of which not less than 
     $15,000,000 shall be made available to implement a regional 
     strategy for biodiversity conservation in the countries 
     comprising the Amazon basin of South America, including to 
     improve the capacity of indigenous communities and local law 
     enforcement agencies to protect the biodiversity of 
     indigenous reserves, which amount shall be in addition to the 
     amounts requested for biodiversity activities in these 
     countries in fiscal year 2005: Provided, That funds 
     appropriated under the heading ``Andean Counterdrug 
     Initiative'' shall also be made available in fiscal year 2005 
     to support such strategy: Provided further, That of the funds 
     appropriated by this Act, not less than $17,500,000 should be 
     made available for the Congo Basin Forest Partnership, of 
     which not less than $2,500,000 should be made available for 
     the Great Apes Conservation Fund, administered by the United 
     States Fish and Wildlife Service, for use in Central Africa: 
     Provided further, That of the funds appropriated by this Act, 
     not less than $180,000,000 shall be made available to support 
     policies and programs in developing countries that directly 
     (1) promote a wide range of energy conservation, energy 
     efficiency and clean energy programs and activities, 
     including the transfer of clean and environmentally 
     sustainable energy technologies; (2) measure, monitor, and 
     reduce greenhouse gas emissions; (3) increase carbon 
     sequestration activities; and (4) enhance climate change 
     mitigation and adaptation programs.
       (b) Climate Change Report.--Not later than 45 days after 
     the date on which the President's fiscal year 2006 budget 
     request is submitted to Congress, the President shall submit 
     a report to the Committees on Appropriations describing in 
     detail the following--
       (1) all Federal agency obligations and expenditures, 
     domestic and international, for climate change programs and 
     activities in fiscal year 2005, including an accounting of 
     expenditures by agency with each agency identifying climate 
     change activities and associated costs by line item as 
     presented in the President's Budget Appendix; and
       (2) all fiscal year 2004 obligations and estimated 
     expenditures, fiscal year 2005 estimated expenditures and 
     estimated obligations, and fiscal year 2006 requested funds 
     by the United States Agency for International Development, by 
     country and central program, for each of the following: (i) 
     to promote the transfer and deployment of a wide range of 
     United States clean energy and energy efficiency 
     technologies; (ii) to assist in the measurement, monitoring, 
     reporting, verification, and reduction of greenhouse gas 
     emissions; (iii) to promote carbon capture and sequestration 
     measures; (iv) to help meet such countries' responsibilities 
     under the Framework Convention on Climate Change; and (v) to 
     develop assessments of the vulnerability to impacts of 
     climate change and mitigation and adaptation response 
     strategies.


                              central asia

       Sec. 5070. (a) Funds appropriated by this Act may be made 
     available for assistance for the central Government of 
     Uzbekistan only if the

[[Page S9751]]

     Secretary of State determines and reports to the Committees 
     on Appropriations that the Government of Uzbekistan is making 
     substantial and continuing progress in meeting its 
     commitments under the ``Declaration on the Strategic 
     Partnership and Cooperation Framework Between the Republic of 
     Uzbekistan and the United States of America'', including 
     respect for human rights, establishing a genuine multi-party 
     system, and ensuring free and fair elections, freedom of 
     expression, and the independence of the media.
       (b) Funds appropriated by this Act may be made available 
     for assistance for the Government of Kazakhstan only if the 
     Secretary of State determines and reports to the Committees 
     on Appropriations that the Government of Kazakhstan has made 
     significant improvements in the protection of human rights 
     during the preceding 6 month period.
       (c) The Secretary of State may waive subsection (b) if he 
     determines and reports to the Committees on Appropriations 
     that such a waiver is in the national security interest of 
     the United States.
       (d) Not later than October 1, 2005, the Secretary of State 
     shall submit a report to the Committees on Appropriations and 
     the Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives describing the following:
       (1) The defense articles, defense services, and financial 
     assistance provided by the United States to the countries of 
     Central Asia during the 6-month period ending 30 days prior 
     to submission of such report.
       (2) The use during such period of defense articles, defense 
     services, and financial assistance provided by the United 
     States by units of the armed forces, border guards, or other 
     security forces of such countries.
       (e) For purposes of this section, the term ``countries of 
     Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, 
     Tajikistan, and Turkmenistan.


 EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN COUNTRIES AND 
                        CERTAIN OTHER COUNTRIES

       Sec. 5071. Notwithstanding section 516(e) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal 
     year 2005, funds available to the Department of Defense may 
     be expended for crating, packing, handling, and 
     transportation of excess defense articles transferred under 
     the authority of section 516 of such Act to Albania, 
     Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of 
     Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, 
     Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, 
     Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.


                           DISABILITY RIGHTS

       Sec. 5072. (a) Of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'', and in addition to 
     funds made available pursuant to section 5026(c), not less 
     than $5,000,000 shall be made available for a Fund for 
     Inclusion, Leadership, and Human Rights of People with 
     Disabilities, to be administered by the Bureau of Democracy, 
     Human Rights, and Labor, Department of State, in consultation 
     with the Administrator of the United States Agency for 
     International Development (``USAID''): Provided, That such 
     funds should be made available as grants to nongovernmental 
     organizations that work on behalf of people with disabilities 
     in developing countries: Provided further, That not to exceed 
     20 percent of such funds should be made available for a 
     Disability Rights Fellowship Program at the Department of 
     State and USAID, including the cost of necessary 
     administrative and salary expenses.
       (b) The Secretary of State and the USAID Administrator 
     shall designate within their respective agencies an 
     individual to serve as ``Disability Advisor'', whose function 
     it shall be to ensure that disability rights are addressed, 
     where appropriate, in United States policies and programs.
       (c) Funds made available under subsection (a) shall be made 
     available for an international conference on the needs of 
     people with disabilities, including disability rights, 
     advocacy and access.
       (d) The Secretary of State, the Secretary of the Treasury, 
     and the USAID Administrator shall seek to ensure that the 
     needs of people with disabilities are addressed, where 
     appropriate, in democracy, human rights, and rule of law 
     programs, projects and activities supported by the Department 
     of State, Department of the Treasury, and USAID.
       (e) The USAID Administrator shall seek to ensure that 
     programs, projects and activities administered by USAID 
     comply fully with USAID's ``Policy Paper: Disability'' issued 
     on September 12, 1997: Provided, That not later than 90 days 
     after enactment of this Act, USAID shall implement procedures 
     to require that prospective grantees seeking funding from 
     USAID specify, when relevant, how the proposed program, 
     project or activity for which funding is being requested will 
     protect the rights and address the needs of persons with 
     disabilities.


                                ZIMBABWE

       Sec. 5073. The Secretary of the Treasury shall instruct the 
     United States executive director to each international 
     financial institution to vote against any extension by the 
     respective institution of any loans or grants, to the 
     Government of Zimbabwe, except to meet basic human needs or 
     to promote democracy, unless the Secretary of State 
     determines and certifies to the Committees on Appropriations 
     that the rule of law has been restored in Zimbabwe, including 
     respect for ownership and title to property, freedom of 
     speech and association.


                                 TIBET

       Sec. 5074. (a) The Secretary of the Treasury should 
     instruct the United States executive director to each 
     international financial institution to use the voice and vote 
     of the United States to support projects in Tibet if such 
     projects do not provide incentives for the migration and 
     settlement of non-Tibetans into Tibet or facilitate the 
     transfer of ownership of Tibetan land and natural resources 
     to non-Tibetans; are based on a thorough needs-assessment; 
     foster self-sufficiency of the Tibetan people and respect 
     Tibetan culture and traditions; and are subject to effective 
     monitoring.
       (b) Notwithstanding any other provision of law, not less 
     than $4,000,000 of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'' shall be made available 
     to nongovernmental organizations to support activities which 
     preserve cultural traditions and promote sustainable 
     development and environmental conservation in Tibetan 
     communities in the Tibetan Autonomous Region and in other 
     Tibetan communities in China, and not less than $250,000 
     shall be made available to the National Endowment for 
     Democracy for programs and activities relating to Tibet.


                               INDONESIA

       Sec. 5075. (a) Funds appropriated by this Act under the 
     heading ``Foreign Military Financing Program'' may be made 
     available for assistance for Indonesia, and licenses may be 
     issued for the export of lethal defense articles for the 
     Indonesian Armed Forces, only if the President certifies to 
     the appropriate congressional committees that--
       (1) the Indonesian Armed Forces are not committing gross 
     violations of human rights;
       (2) the Indonesia Minister of Defense is suspending from 
     the Armed Forces those members, of whatever rank, who have 
     been credibly alleged to have committed gross violations of 
     human rights, or to have aided or abetted militia groups;
       (3) the Indonesian Government is prosecuting those members 
     of the Indonesian Armed Forces, of whatever rank, who have 
     been credibly alleged to have committed gross violations of 
     human rights, or to have aided or abetted militia groups, and 
     is punishing those members of the Indonesian Armed Forces 
     found to have committed such violations of human rights or to 
     have aided or abetted militia groups;
       (4) the Indonesian Armed Forces are cooperating with 
     civilian prosecutors and judicial authorities in Indonesia 
     and with the joint United Nations-East Timor Serious Crimes 
     Unit (SCU) in such cases (including extraditing those 
     indicted by the SCU to East Timor and providing access to 
     witnesses, relevant documents, and other requested 
     information); and
       (5) the Minister of Defense is making publicly available 
     audits of receipts and expenditures of the Indonesian Armed 
     Forces.
       (b) Funds appropriated under the heading ``International 
     Military Education and Training'' may be made available for 
     assistance for Indonesia if the Secretary of State determines 
     and reports to the Committees on Appropriations that the 
     Indonesian Government and Armed Forces are cooperating with 
     the Federal Bureau of Investigation's investigation into the 
     August 31, 2002 murders of two American citizens and one 
     Indonesian citizen in Timika, Indonesia.


                          UNIVERSITY PROGRAMS

       Sec. 5076. Of the funds appropriated by this Act under the 
     headings ``Child Survival and Health Programs Fund'', 
     ``Development Assistance'', ``Economic Support Fund'', 
     ``Assistance for Eastern Europe and the Baltic States'', and 
     ``Assistance for the Independent States of the Former Soviet 
     Union'', $40,000,000 shall be made available to the Office of 
     the Higher Education Community Liaison in the Bureau for 
     Economic Growth, Agriculture and Trade of the United States 
     Agency for International Development and used for projects 
     and activities of United States-based colleges and 
     universities: Provided, That these funds shall be in addition 
     to funds otherwise available under this Act for such 
     programs.


                                NIGERIA

       Sec. 5077. The President shall submit a report to the 
     Committees on Appropriations describing the involvement of 
     the Nigerian Armed Forces in the incident in Benue State, the 
     measures that are being taken to bring such individuals to 
     justice, and whether any Nigerian Armed Forces units involved 
     with the incident in Benue State are receiving United States 
     assistance.


    DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN 
                               FEDERATION

       Sec. 5078. None of the funds appropriated under this Act 
     may be made available for the Government of the Russian 
     Federation, after 180 days from the date of the enactment of 
     this Act, unless the President determines and certifies in 
     writing to the Committees on Appropriations that the 
     Government of the Russian Federation has implemented no 
     statute, executive order, regulation or similar government 
     action that would discriminate, or which has as its principal 
     effect discrimination, against religious groups or religious 
     communities in the Russian Federation in violation of 
     accepted international agreements on human rights and 
     religious freedoms to which the Russian Federation is a 
     party.


                        NICARAGUA AND GUATEMALA

       Sec. 5079. (a) Of the funds appropriated under the headings 
     ``Development Assistance'' and ``Child Survival and Health 
     Programs Fund'', not less than $36,000,000 shall be made 
     available for assistance for Nicaragua and not less than 
     $23,000,000 shall be made available for assistance for 
     Guatemala.
       (b) Not to exceed $2,000,000 in prior year ``Military 
     Assistance Program'' funds that are available for Guatemala 
     may be made available for non-lethal defense items for 
     Guatemala if the Secretary of State certifies to the 
     Committees on Appropriations and the Committee on Foreign 
     Relations of the Senate and the Committee on International 
     Relations of the House that--

[[Page S9752]]

       (1) the role of the Guatemalan military has been limited, 
     both in doctrine and in practice, to only those activities in 
     defense of Guatemala's sovereignty and territorial integrity 
     that are permitted by the 1996 Peace Accords, and the 
     Government of Guatemala is taking steps to amend Article 244 
     of the Constitution to reflect such changes;
       (2) the Guatemalan military is cooperating with civilian 
     judicial authorities, including providing unimpeded access to 
     witnesses, documents and classified intelligence files, in 
     investigations and prosecutions of military personnel who 
     have been implicated in human rights violations and other 
     criminal activity;
       (3) the Government of Guatemala is actively working with 
     the United Nations to resolve legal impediments to the 
     establishment of the Commission for the Investigation of 
     Illegal Groups and Clandestine Security Organizations 
     (CICIACS), so that CICIACS can effectively accomplish its 
     mission of investigating and bringing to justice illegal 
     groups and members of clandestine security organizations;
       (4) the Government of Guatemala is continuing its efforts 
     to make its military budget process transparent and 
     accessible to civilian authorities and to the public of 
     present and past expenditures;
       (5) the Government of Guatemala has committed to facilitate 
     the prompt establishment of an office in Guatemala of the 
     United Nations High Commissioner for Human Rights; and
       (6) the Government of Guatemala is taking steps to increase 
     its efforts to combat narcotics trafficking and organized 
     crime.


                          war crimes in africa

       Sec. 5080. (a) The Congress recognizes the important 
     contribution that the democratically elected Government of 
     Nigeria has played in fostering stability in West Africa.
       (b) The Congress reaffirms its support for the efforts of 
     the International Criminal Tribunal for Rwanda (ICTR) and the 
     Special Court for Sierra Leone (SCSL) to bring to justice 
     individuals responsible for war crimes and crimes against 
     humanity in a timely manner.
       (c) Funds appropriated by this Act, including funds for 
     debt restructuring, may be made available for assistance to 
     the central government of a country in which individuals 
     indicted by ICTR and SCSL are credibly alleged to be living, 
     if the Secretary of State determines and reports to the 
     Committees on Appropriations that such government is 
     cooperating with ICTR and SCSL, including the surrender and 
     transfer of indictees in a timely manner: Provided, That this 
     subsection shall not apply to assistance provided under 
     section 551 of the Foreign Assistance Act of 1961 or to 
     project assistance under title II of this Act: Provided 
     further, That the United States shall use its voice and vote 
     in the United Nations Security Council to fully support 
     efforts by ICTR and SCSL to bring to justice individuals 
     indicted by such tribunals in a timely manner.
       (d) The prohibition in subsection (c) may be waived on a 
     country by country basis if the President determines that 
     doing so is in the national security interest of the United 
     States: Provided, That prior to exercising such waiver 
     authority, the President shall submit a report to the 
     Committees on Appropriations, in classified form if 
     necessary, on (1) the steps being taken to obtain the 
     cooperation of the government in surrendering the indictee in 
     question to SCSL or ICTR; (2) a strategy for bringing the 
     indictee before ICTR or SCSL; and (3) the justification for 
     exercising the waiver authority.

                         admission of refugees

       Sec. 5081. (a) The Secretary of State shall utilize private 
     voluntary organizations with expertise in the protection 
     needs of refugees in the processing of refugees overseas for 
     admission and resettlement to the United States, and shall 
     utilize such agencies in addition to the United Nations High 
     Commissioner for Refugees in the identification and referral 
     of refugees.
       (b) The Secretary of State should maintain a system for 
     accepting referrals of appropriate candidates for 
     resettlement from local private, voluntary organizations and 
     work to ensure that particularly vulnerable refugee groups 
     receive special consideration for admission into the United 
     States, including--
       (1) long-stayers in countries of first asylum;
       (2) unaccompanied refugee minors;
       (3) refugees outside traditional camp settings; and
       (4) refugees in woman-headed households.
       (c) The Secretary of State shall give special consideration 
     to--
       (1) refugees of all nationalities who have close family 
     ties to citizens and residents of the United States; and
       (2) other groups of refugees who are of special concern to 
     the United States.
       (d) Not later than 120 days after the date of enactment of 
     this Act, the Secretary of State shall submit a report to the 
     Committees on Appropriations describing the steps that have 
     been taken to implement this section.


                            code of conduct

       Sec. 5082. (a) None of the funds made available by title II 
     under the heading ``Migration and Refugee Assistance'' or 
     ``Transition Initiatives'' to provide assistance to refugees 
     or internally displaced persons may be provided to an 
     organization that has failed to adopt a code of conduct 
     consistent with the Inter-Agency Standing Committee Task 
     Force on Protection From Sexual Exploitation and Abuse in 
     Humanitarian Crises six core principles for the protection of 
     beneficiaries of humanitarian assistance.
       (b) In administering the amounts made available for the 
     accounts described in subsection (a), the Secretary of State 
     and Administrator of the United States Agency for 
     International Development shall incorporate specific policies 
     and programs for the purpose of identifying specific needs 
     of, and particular threats to, women and children at the 
     various stages of humanitarian emergencies, especially at the 
     onset of such emergency.


                        Disaster Surge Capacity

       Sec. 5083. Funds appropriated by this Act to carry out part 
     I of the Foreign Assistance Act of 1961 may be used, in 
     addition to funds otherwise available for such purposes, for 
     the cost (including the support costs) of individuals 
     detailed to or employed by the United States Agency for 
     International Development whose primary responsibility is to 
     carry out programs to address natural or manmade disasters or 
     programs under the heading ``Transition Initiatives''.


                  DENIAL OF VISAS TO CORRUPT OFFICIALS

       Sec. 5084. Not later than 60 days after enactment of this 
     Act, the Secretary of State shall submit a report to the 
     Committees on Appropriations setting forth procedures and 
     guidelines for (1) implementing the President's Proclamation 
     dated January 12, 2004, which established a policy of denying 
     entry into the United States to corrupt current and former 
     public officials and certain members of their families; and 
     (2) for making public the names of those individuals who have 
     been denied entry as a result of such Proclamation.


                   ASSISTANCE FOR VICTIMS OF TORTURE

       Sec. 5085. Of the funds appropriated by this Act under the 
     headings ``Development Assistance'' and ``Economic Support 
     Fund'', not less than $15,000,000 shall be made available for 
     programs and activities to assist victims of torture and 
     cruel, inhuman or degrading treatment, including for centers 
     for victims of torture that provide services consistent with 
     the goals of the Torture Victims Relief Reauthorization Act 
     of 1999.


  UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT PILOT MANAGEMENT 
                               INITIATIVE

       Sec. 5086. (a) Pilot Activities.--Subject to subsection 
     (b), the Administrator of the United States Agency for 
     International Development may use up to $25,000,000 of the 
     funds appropriated to carry out part I of the Foreign 
     Assistance Act of 1961, including funds appropriated to carry 
     out the Support for East European Democracy (SEED) Act of 
     1989, to pay administrative costs for fiscal year 2005, 
     including salary, benefits, allowances, and overseas support 
     costs of employees, of up to 2 overseas missions or offices 
     of the agency.
       (b) Conditions.--
       (1) The authority of subsection (a) may be exercised only 
     if the Administrator submits a plan approved by the Office of 
     Management and Budget and the Department of State to the 
     Committees on Appropriations, that--
       (A) identifies the overseas missions or offices for which 
     this authority will be exercised, and explains the process by 
     which these missions or offices were selected;
       (B) contains separate estimates of the administrative costs 
     for fiscal year 2005 of the different types of project 
     assistance and nonproject assistance programs administered by 
     such mission or office; and
       (C) describes the bases for such estimates.
       (2) Subsequent reports shall be submitted to the Committees 
     on Appropriations by the Administrator at least every 60 days 
     until January 15, 2006 to describe any changes made to the 
     plan as originally submitted or later modified.
       (c) Initial Charges.--Funds appropriated under the heading 
     ``Operating Expenses of the United States Agency for 
     International Development'' for fiscal year 2005 may be 
     initially charged for the purposes of this section.


  UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT HIRING AUTHORITY

       Sec. 5087. (a) Use of Program Funds.--Up to $12,500,000 of 
     the funds appropriated by this Act to carry out chapter 1 of 
     part I of the Foreign Assistance Act of 1961 may be 
     transferred to and consolidated with funds appropriated under 
     the heading, ``Operating Expenses of the United States Agency 
     for International Development'' (USAID), and used by USAID to 
     appoint and employ full-time Civil Service and full-time 
     Foreign Service personnel, including to pay the costs of 
     salaries, benefits, and allowances of such personnel: 
     Provided, That the authority of this section may be used to 
     appoint and employ not more than 50 individuals.
       (b) Conditions.--The authority of this section--
       (1) may not be used until USAID completes a comprehensive 
     workforce analysis that is approved by the USAID 
     Administrator and submitted to the Office of Management and 
     Budget and the Office of Personnel Management;
       (2) may only be used to meet shortages in technical skill 
     areas identified in the approved workforce analysis;
       (3) may only be used to the extent that an equivalent 
     number of positions that are filled by personal service 
     contractors or other employees of USAID, who are compensated 
     with funds appropriated by this Act to carry out chapter 1 of 
     part I of the Foreign Assistance Act of 1961, are eliminated; 
     and
       (4) may only be exercised after notification of the 
     Committees on Appropriations and the Office of Management and 
     Budget.


    CERTAIN CLAIMS FOR EXPROPRIATION BY THE GOVERNMENT OF NICARAGUA

       Sec. 5088. Section 527 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 
     2370(a)) is amended by adding at the end the following new 
     subsection:
       ``(i) Certain Claims For Expropriation by the Government of 
     Nicaragua.--
       ``(1) Any action of the types set forth in subparagraphs 
     (A), (B), and (C) of subsection (a)(1) that was taken by the 
     Government of Nicaragua during the period beginning on 
     January 1, 1956, and ending on January 9, 2002, shall not be 
     considered in implementing the prohibition under subsection 
     (a) unless the action has been presented in accordance with 
     the procedure set forth in paragraph (2).

[[Page S9753]]

       ``(2) An action shall be deemed presented for purposes of 
     paragraph (1) if it is--
       ``(A) in writing; and
       ``(B) received by the United States Department of State on 
     or before 120 days after the date specified in paragraph (3) 
     at--
       ``(i) the headquarters of the United States Department of 
     State in Washington, D.C.; or,
       ``(ii) the Embassy of the United States of America to 
     Nicaragua.
       ``(3) The date to which paragraph (2) refers is a date 
     after enactment of this subsection that is specified by the 
     Secretary of State, in the Secretary's discretion, in a 
     notice published in the Federal Register.''.


    OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK 
                              RESTRICTIONS

       Sec. 5089. (a) Limitation on Use of Funds by OPIC.--None of 
     the funds made available in this Act may be used by the 
     Overseas Private Investment Corporation to insure, reinsure, 
     guarantee, or finance any investment in connection with a 
     project involving the mining, polishing or other processing, 
     or sale of diamonds in a country that fails to meet the 
     requirements of subsection (c).
       (b) Limitation on Use of Funds by the Export-Import Bank.--
     None of the funds made available in this Act may be used by 
     the Export-Import Bank of the United States to guarantee, 
     insure, extend credit, or participate in an extension of 
     credit in connection with the export of any goods to a 
     country for use in an enterprise involving the mining, 
     polishing or other processing, or sale of diamonds in a 
     country that fails to meet the requirements of subsection 
     (c).
       (c) Requirements.--The requirements referred to in 
     subsections (a) and (b) are that the country concerned is 
     implementing the recommendations, obligations and 
     requirements developed by the Kimberley Process on conflict 
     diamonds.


                            SECURITY IN ASIA

       Sec. 5090. (a) Of the funds appropriated under the heading 
     ``Foreign Military Financing Program'', not less than the 
     following amounts shall be made available to enhance security 
     in Asia, consistent with democratic principles and the rule 
     of law--
       (1) $55,000,000 for assistance for the Philippines;
       (2) $6,000,000 for assistance for Indonesia;
       (3) $2,000,000 for assistance for Bangladesh;
       (4) $1,500,000 for assistance for the Democratic Republic 
     of Timor-Leste;
       (5) $2,000,000 for assistance for Mongolia;
       (6) $5,000,000 for assistance for Nepal;
       (7) $2,500,000 for assistance for Thailand;
       (8) $1,000,000 for assistance for Sri Lanka;
       (9) $1,000,000 for assistance for Cambodia;
       (10) $500,000 for assistance for Fiji; and
       (11) $250,000 for assistance for Tonga.
       (b) Funds made available for assistance for Indonesia 
     pursuant to subsection (a) may be made available 
     notwithstanding section 5075 of this Act: Provided, That such 
     funds may only be made available to the Indonesian navy for 
     the purposes of enhancing maritime security: Provided 
     further, That sections 5075(a)(1) and (4) of this Act shall 
     apply with respect to the Indonesia navy for purposes of this 
     section: Provided further, That such funds shall only be made 
     available subject to the regular notification procedures of 
     the Committees on Appropriations.
       (c) Funds made available for assistance for Cambodia 
     pursuant to subsection (a) shall be made available 
     notwithstanding section 5054 of this Act: Provided, That such 
     funds shall only be made available subject to the regular 
     notification procedures of the Committees on Appropriations.
       (d) Funds made available for assistance for Nepal pursuant 
     to subsection (a) may be made available if the Secretary of 
     State reports to the Committees on Appropriations that the 
     Government of Nepal is: (1) complying promptly with habeas 
     corpus orders issued by the Supreme Court of Nepal, including 
     all outstanding orders; (2) cooperating with the National 
     Human Rights Commission of Nepal to resolve all cases of 
     disappearances; and (3) granting the National Human Rights 
     Commission of Nepal unimpeded access to places of detention: 
     Provided, That the Secretary of State may waive the 
     requirements of this subsection if he determines and reports 
     to the Committees on Appropriations that to do so is in the 
     security interests of the United States.


           COOPERATION WITH CUBA ON COUNTER-NARCOTICS MATTERS

       Sec. 5091. (a) Subject to subsection (b), of the funds 
     appropriated under the heading ``International Narcotics 
     Control and Law Enforcement'', $5,000,000 should be made 
     available for the purposes of preliminary work by the 
     Department of State, or such other entity as the Secretary of 
     State may designate, to establish cooperation with 
     appropriate agencies of the Government of Cuba on counter-
     narcotics matters, including matters relating to cooperation, 
     coordination, and mutual assistance in the interdiction of 
     illicit drugs being transported through Cuba airspace or over 
     Cuba waters.
       (b) The amount in subsection (a) shall not be available if 
     the President certifies that--
       (1) Cuba does not have in place appropriate procedures to 
     protect against the loss of innocent life in the air and on 
     the ground in connection with the interdiction of illegal 
     drugs; and
       (2) there is evidence of involvement of the Government of 
     Cuba in drug trafficking.


                   HIPC DEBT REDUCTION AND TRUST FUND

       Sec. 5092. (a) Section 801(b)(1) of Public Law 106-429 is 
     amended--
       (1) by inserting ``(i)'' after ``appropriated''; and
       (2) by inserting before the period ``; and (ii) for fiscal 
     years 2004-2006, not more than $150,000,000, for purposes of 
     additional United States contributions to the HIPC Trust Fund 
     administered by the Bank, which are authorized to remain 
     available until expended''.
       (b) Section 501(i) of Public Law 106-113 is amended by 
     deleting ``2003-2004'' and inserting in lieu thereof ``2000-
     2006''.


         ASSISTANCE TO MILLENNIUM CHALLENGE CANDIDATE COUNTRIES

       Sec. 5093. Section 616(d) of the Millennium Challenge Act 
     of 2003 (title VI of division D of Public Law 108-199) is 
     amended to read as follows:
       ``(d) Funding.--For each of fiscal years 2004 and 2005 and 
     every fiscal year thereafter, of the amounts appropriated 
     pursuant to the authorization of appropriations under section 
     619(a), up to 10 percent is authorized to be made available 
     to carry out this section.''.


                     CHERNOBYL NUCLEAR POWER PLANT

       Sec. 5094. None of the funds appropriated under this Act 
     may be made available for assistance for the central 
     Government of the Russian Federation if the Secretary of 
     State certifies and reports to the Committees on 
     Appropriations that the central Government of the Russian 
     Federation has not pledged or is not contributing funds or 
     other significant resources for the construction of the new 
     shelter over the Chernobyl nuclear power plant: Provided, 
     That this provision shall not apply to democracy, rule of 
     law, child survival and health, and environment programs.


                      DEBT RESTRUCTURING AUTHORITY

       Sec. 5095. (a) Of the funds appropriated under the heading 
     ``Iraq Relief and Reconstruction Fund'' in title II of the 
     Emergency Supplemental Appropriations Act for Defense and for 
     the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 
     108-106), $360,000,000 may be made available for the costs, 
     as defined in section 502 of the Congressional Budget Act of 
     1974, of modifying direct loans and loan guarantees for Iraq, 
     without regard to the sectoral allocations and related 
     provisos under that heading in such Act: Provided, That the 
     authority of this section shall be used subject to prior 
     consultation with the Committees on Appropriations: Provided 
     further, That the obligation of funds pursuant to the 
     authority provided in this section shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations: Provided further, That such amount is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.
       (b) Title II, chapter 2 of Public Law 108-106 is amended 
     under the heading ``Other Bilateral Economic Assistance'' 
     by--
       (1) in the first proviso, striking ``10 percent'' and 
     inserting in lieu thereof ``20 percent''; and
       (2) in the first proviso, striking ``by more than 20 
     percent'' and inserting in lieu thereof ``by more than 30 
     percent''.
       (c) Notwithstanding any other provision of law, the 
     Overseas Private Investment Corporation is authorized to 
     undertake any program authorized by title IV of the Foreign 
     Assistance Act of 1961 in Iraq: Provided, That funds made 
     available pursuant to the authority of this section shall be 
     subject to the regular reprogramming notification procedures 
     of the Committees on Appropriations.


                 COMPLIANCE WITH THE ALGIERS AGREEMENTS

       Sec. 5096. None of the funds appropriated by this Act may 
     be made available for assistance for the central Governments 
     of Ethiopia or Eritrea unless the Secretary of State 
     certifies and reports to the Committees on Appropriations 
     that such government is taking steps to comply with the terms 
     of the Algiers Agreements: Provided, That this section shall 
     not apply to democracy, rule of law, child survival and 
     health, basic education, and agriculture programs.


                         NORTH KOREA AND BURMA

       Sec. 5097. None of the funds made available in this Act or 
     prior Acts making appropriations for foreign operations, 
     export financing, and related programs as a United States 
     contribution to the Global Fund to Fight AIDS, Tuberculosis 
     and Malaria may be made available for assistance for the 
     Government of North Korea or the State Peace and Development 
     Council in Burma, or affiliated groups and organizations.


                                THAILAND

       Sec. 5098. (a) Funds appropriated by this Act that are 
     available for the central Government of Thailand may be made 
     available if the Secretary of State determines and reports to 
     the Committees on Appropriations that the central Government 
     of Thailand (1) supports the advancement of democracy in 
     Burma; (2) is not hampering the delivery of humanitarian and 
     other assistance to people in Thailand who have fled Burma; 
     and (3) is not forcibly repatriating Burmese to Burma.
       (b) Notwithstanding subsection (a), of the funds 
     appropriated by this Act, not less than $4,000,000 shall be 
     made available to promote democracy and human rights in 
     Thailand, and not less than $1,000,000 shall be made 
     available to promote and protect an independent media in 
     Thailand.
       (c) The Secretary of State may waive subsection (a) if he 
     determines and reports to the Committees on Appropriations 
     that to do so is in the national security interest of the 
     United States.


  ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL DEVELOPMENT BANKS

       Sec. 5099. (a) Section 1307 of the International Financial 
     Institutions Act (22 U.S.C. 262m-7) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Assessment Required Before Favorable Vote on 
     Proposal.--The Secretary of the Treasury shall instruct the 
     United States Executive Director of each multilateral 
     development

[[Page S9754]]

     bank not to vote in favor of any proposal (including but not 
     limited to any kind of proposed loan, credit, grant, 
     guarantee, or policy) which would result or be likely to 
     result in a significant impact on the environment, unless the 
     Secretary, after consultation with the Secretary of State and 
     the Administrators of the United States Agency for 
     International Development and the Environmental Protection 
     Agency, determines that for at least 120 days before the date 
     of the vote--
       ``(1) an assessment analyzing the environmental impacts of 
     the proposal, including associated and cumulative impacts, 
     and of alternatives to the proposal, has been completed by 
     the borrower or the bank, and has been made available to the 
     board of directors of the bank;
       ``(2) the assessment (or a comprehensive summary of the 
     assessment) and copies of any related draft loan, credit, 
     grant, guarantee, or policy (with proprietary information 
     redacted) have been made available to the bank, affected 
     groups, and local nongovernmental organizations; and
       ``(3) environment and development agencies of the member 
     countries of the bank are notified that the assessment (or a 
     comprehensive summary of the assessment) and any related 
     draft loan, credit, grant, guarantee, or policy are available 
     on the bank's website.''; and
       (2) by striking subsection (g) and inserting the following:
       ``(g) Multilateral Development Bank Defined.--In this 
     title, the term `multilateral development bank' means the 
     International Bank for Reconstruction and Development, the 
     European Bank for Reconstruction and Development, the 
     International Development Association, the International 
     Finance Corporation, the Multilateral Investment Guarantee 
     Agency, the African Development Bank, the African Development 
     Fund, the Asian Development Bank, the North American 
     Development Bank, the Inter-American Development Bank, the 
     Inter-American Investment Corporation, any other institution 
     (other than the International Monetary Fund) specified in 
     section 1701(c)(2), and any subsidiary of any such 
     institution, and in section 1504, the term `multilateral 
     development institution' includes the North American 
     Development Bank and any such subsidiary.''
       (b) Section 1303(b) of the International Financial 
     Institutions Act (22 U.S.C. 262m-7) is amended by striking 
     ``International Bank for Reconstruction and Development, the 
     Inter-American Development Bank, the Asian Development Bank, 
     and the African Development Bank'' and inserting in lieu 
     thereof ``multilateral development banks''.
       (c) Not more than 180 days after the date of enactment of 
     this Act, the Secretary of the Treasury shall issue temporary 
     regulations to implement title XIII of the International 
     Financial Institutions Act, as amended, and, after public 
     notice and comment, final regulations not more than one year 
     thereafter.


                          VIETNAMESE REFUGEES

       Sec. 5100. (a) Eligibility for In-country Refugee 
     Processing in Vietnam.--For purposes of eligibility for in-
     country refugee processing for nationals of Vietnam during 
     fiscal years 2004 and 2005, an alien described in subsection 
     (b) shall be considered to be a refugee of special 
     humanitarian concern to the United States (within the meaning 
     of section 207 of the Immigration and Nationality Act (8 
     U.S.C. 1157)) and shall be admitted to the United States for 
     resettlement if the alien would be admissible as an immigrant 
     under the Immigration and Nationality Act (except as provided 
     in section 207(c)(3) of that Act).
       (b) Aliens Covered.--An alien described in this subsection 
     is an alien who--
       (1) is the son or daughter of a qualified national;
       (2) is 21 years of age or older; and
       (3) was unmarried as of the date of acceptance of the 
     alien's parent for resettlement under the Orderly Departure 
     Program or through the United States Consulate General in Ho 
     Chi Minh City.
       (c) Qualified National.--The term ``qualified national'' in 
     subsection (b)(1) means a national of Vietnam who--
       (1)(A) was formerly interned in a re-education camp in 
     Vietnam by the Government of the Socialist Republic of 
     Vietnam; or
       (B) is the widow or widower of an individual described in 
     subparagraph (A);
       (2)(A) qualified for refugee processing under the Orderly 
     Departure Program re-education subprogram; and
       (B) is or was accepted under the Orderly Departure Program 
     or through the United States Consulate General in Ho Chi Minh 
     City--
       (i) for resettlement as a refugee; or
       (ii) for admission to the United States as an immediate 
     relative immigrant; and
       (3)(A) is presently maintaining a residence in the United 
     States or whose surviving spouse is presently maintaining 
     such a residence; or
       (B) was approved for refugee resettlement or immigrant visa 
     processing and is awaiting departure formalities from Vietnam 
     or whose surviving spouse is awaiting such departure 
     formalities.


                    EXTRACTION OF NATURAL RESOURCES

       Sec. 5101. (a) The Secretary of the Treasury shall inform 
     the managements of the international financial institutions 
     and the public that it is the policy of the United States 
     that any assistance by such institutions (including but not 
     limited to any loan, credit, grant, or guarantee) for the 
     extraction and export of oil, gas, coal, timber, or other 
     natural resource should not be provided unless the government 
     of the country has in place or is taking the necessary steps 
     to establish functioning systems for (1) accurately 
     accounting for revenues and expenditures in connection with 
     the extraction and export of the type of natural resource to 
     be extracted or exported; (2) the independent auditing of 
     such accounts and the widespread public dissemination of the 
     audits; and (3) verifying government receipts against company 
     payments including widespread dissemination of such payment 
     information in a manner that does not create competitive 
     disadvantage or disclose proprietary information.
       (b) Not later than 180 days after the enactment of this 
     Act, the Secretary of the Treasury shall submit a report to 
     the Committees on Appropriations describing, for each 
     international financial institution, the amount and type of 
     assistance provided, by country, for the extraction and 
     export of oil, gas, coal, timber, or other national resource 
     since September 30, 2004.


          ASSISTANCE FOR FOREIGN NONGOVERNMENTAL ORGANIZATIONS

       Sec. 5102. Notwithstanding any other provision of law, 
     regulation, or policy, in determining eligibility for 
     assistance authorized under part I of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental 
     organizations--
       (1) shall not be ineligible for such assistance solely on 
     the basis of health or medical services including counseling 
     and referral services, provided by such organizations with 
     non-United States Government funds if such services do not 
     violate the laws of the country in which they are being 
     provided and would not violate United States Federal law if 
     provided in the United States; and
       (2) shall not be subject to requirements relating to the 
     use of non-United States Government funds for advocacy and 
     lobbying activities other than those that apply to United 
     States nongovernmental organizations receiving assistance 
     under part I of such Act.


                                 SUDAN

       Sec. 5103. (a) Of the funds appropriated under the heading 
     ``Iraq Relief and Reconstruction Fund'' of Public Law 108-
     106, $150,000,000 shall be made available by transfer for 
     necessary expenses of the United States Agency for 
     International Development to carry out the provisions of 
     section 491 of the Foreign Assistance Act of 1961 to respond 
     to or prevent unforeseen complex foreign crises and to meet 
     urgent humanitarian needs in Darfur, Sudan and the region.
       (b) The entire amount in subsection (a) is designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.
       (c) That such amount shall be available only to the extent 
     that an official budget request for $150,000,000 that 
     includes designation of the amount as an emergency 
     requirement, as defined in S. Con. Res. 95 (108th Congress), 
     is transmitted by the President to the Congress.
       (d) If the President does not submit an official budget 
     request required by subsection (c) within 30 days of 
     enactment of the Act, the funds made available under this 
     section shall revert back to the ``Iraq Relief and 
     Reconstruction Fund'' of Public Law 108-106.
       (e) It is the Sense of the Senate that the transfer 
     authority that Congress included under chapter 2 of title II 
     of Public Law 108-106, which authorized the transfer of up to 
     0.5 percent from funds made available under Chapter 2 for 
     Sudan, should be triggered to provide funds to address the 
     humanitarian disaster in Darfur, Sudan and region.


 ADDITIONAL FUNDS FOR THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS AND 
                                MALARIA

       Sec. 5104. In addition, $150,000,000 is appropriated for 
     ``Child Survival and Health Programs Fund'', which shall be 
     made available for a United States contribution to the Global 
     Fund to Fight AIDS, Tuberculosis and Malaria, in accordance 
     with the provisions applicable to the Fund under that heading 
     in this Act: Provided, That funds appropriated by this 
     section are designated by the Congress as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 95 (108th 
     Congress), as made applicable to the House of Representatives 
     by H. Res. 649 (108th Congress) and applicable to the Senate 
     by section 14007 of Public Law 108-287: Provided further, 
     That such funds shall be divided evenly between malaria 
     control programs and HIV/AIDS drug procurement and treatment: 
     Provided further, That the malaria funds shall be only used 
     in low income and least developed countries for grants (to be 
     awarded through competitive procedures) for country malaria 
     control programs in which not less than 50 percent of the 
     grant amounts shall support indoor residual spraying 
     interventions: Provided further, That no user fees or other 
     fees may be charged by the government of a country concerned 
     under a program funded utilizing such amount for any malaria 
     intervention under such program: Provided further, That none 
     of the funds appropriated by this section shall be expended 
     for assistance for Burma or for any country officially 
     designated by the United States Department of State as a 
     state sponsor of terrorism.


           support for african union mission in darfur, sudan

       Sec. 5105. (a) In addition, $75,000,000 is appropriated to 
     the Department of State to carry out the provisions of 
     section 551 of the Foreign Assistance Act of 1961 for the 
     purpose of providing equipment, logistical, financial, 
     material, and other resources necessary to support the rapid 
     expansion of the African Union mission in Darfur, Sudan.
       (b) The entire amount in subsection (a) is designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.

[[Page S9755]]

       (c) That such amount shall be available only to the extent 
     that an official budget request for $75,000,000 that includes 
     designation of the amount as an emergency requirement, as 
     defined in S. Con. Res. 95 (108th Congress), as made 
     applicable to the Senate by section 14007 of Public Law 108-
     287, is transmitted by the President to the Congress.


                      IMPROVING SECURITY IN HAITI

       Sec. 5106. (a) Congress makes the following findings:
       (1) Haiti is important to the national security interests 
     of the United States.
       (2) The United States has contributed significant 
     assistance to support the political, economic and social 
     development of Haiti with limited and uneven results.
       (3) The Haitian people are currently suffering from extreme 
     poverty, threats from armed groups who control large areas of 
     the country, and violations of human rights, including 
     kidnappings.
       (4) As of September 22, 2004, Tropical Storm Jeanne killed 
     more than 1,000 people, with many hundreds remaining missing, 
     in Gonaives and other areas of Haiti, and caused severe 
     destruction of property.
       (5) The Interim Government of Haiti under Prime Minister 
     Gerard Latortue is attempting to initiate much needed reforms 
     and bring political stability to the country prior to the 
     reintroduction of anticipated democratically-elected 
     governance in 2005.
       (6) On July 19-20, 2004, the international community 
     pledged $1,085,000,000 in assistance for Haiti, including 
     $230,000,000 from the United States.
       (7) The immediate challenges facing Haiti are (a) 
     addressing the insecurity and instability caused by armed 
     groups who are undermining the ability of the Interim 
     Government of Haiti to combat poverty and create the 
     conditions for free and fair elections; (b) establishing the 
     rule of law; and (c) economic reactivation and job creation.
       (8) On April 30, 2004, the United Nations Security Council 
     authorized the United Nations Stabilization Mission in Haiti 
     (MINUSTAH) 6,700 military personnel and 1,622 civilian police 
     personnel, but as of July 31, 2004, only 2,259 military 
     personnel and 224 civilian police personnel had been 
     deployed.
       (9) MINUSTAH is essential to efforts to restore stability 
     and security, including countering the activities of rebels, 
     ex-combatants and other armed groups.
       (b) Congress--
       (1) appreciates the contributions of military and civilian 
     police personnel to MINUSTAH by Brazil and other nations;
       (2) calls upon the Secretary of State to redouble his 
     efforts to encourage contributions of additional personnel to 
     MINUSTAH;
       (3) calls upon MINUSTAH to assertively fulfill its mandate 
     under Chapter VII of the United Nations Charter to ``ensure a 
     secure and stable environment within which the constitutional 
     and political process in Haiti can take place'', by 
     confronting and resolving security threats to the Interim 
     Government of Haiti and the people of Haiti;
       (4) calls upon the United States and the international 
     community, including the United Nations and the Organization 
     of American States, to expedite the disbursement of 
     sufficient assistance to enable the Interim Government of 
     Haiti to--
       (A) address Haiti's urgent humanitarian needs, including to 
     assist Haitians affected by Tropical Storm Jeanne;
       (B) increase employment and promote economic development; 
     and
       (C) carry out democratic elections in 2005;
       (5) calls upon the Interim Government of Haiti to make 
     every effort to ensure that all political parties can 
     participate fully and freely in the electoral process; and
       (6) notes that the failure to establish a secure and stable 
     environment and to conduct credible and inclusive elections 
     will likely result in Haiti's complete transition from a 
     failed state to a criminal state.


             REPORT ON GLOBAL POVERTY AND NATIONAL SECURITY

       Sec. 5107. Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of State, in 
     consultation with other relevant Federal agencies, shall 
     submit a report to Congress on the impact of global poverty 
     on the national security of the United States, which shall 
     include: (1) an evaluation of the effects of global poverty 
     on United States efforts to promote democracy, equitable 
     economic development, and the rule of law in developing 
     countries; (2) a description of the relationship between 
     global poverty and political instability, civil conflict, and 
     international terrorism; and (3) recommendations for 
     improving the ability of the United States Government to 
     effectively address the problems in (1) and (2) by combating 
     global poverty, including possible organizational changes 
     within the Federal government.


                 REPORT ON EDUCATION REFORM IN PAKISTAN

       Sec. 5108 (a) Not later than 90 days after the date of 
     enactment of this Act, the Secretary of State shall submit a 
     report to the appropriate congressional committees--
       (1) describing the strategy of the Government of Pakistan 
     to implement education reform in Pakistan, and the strategy 
     of the Government of the United States to assist Pakistan to 
     achieve that objective;
       (2) providing information on the amount of funding--
       (A) obligated and expended by the Government of Pakistan 
     and the Government of the United States, respectively, for 
     education reform in Pakistan, since January 1, 2002;
       (B) expected to be provided by the Government of Pakistan 
     and the Government of the United States, respectively, for 
     education reform in Pakistan, including any assistance to be 
     provided by the United States pursuant to the commitment of 
     President Bush to provide $3,000,000,000 in assistance to 
     Pakistan during fiscal year 2005 through fiscal year 2009; 
     and
       (3) discussing progress made in achieving education reform 
     in Pakistan since January 1, 2002.
       (b) Definitions.--In this section--
       (1) the term ``appropriate congressional committees'' 
     means--
       (A) the Committees on Appropriations and International 
     Relations of the House of Representatives; and
       (B) the Committees on Appropriations and Foreign Relations 
     of the Senate;
       (2) the term ``education reform'' includes efforts to 
     expand and improve the secular education system in Pakistan, 
     and to develop and utilize a moderate curriculum for private 
     religious schools in Pakistan.


                  united nations resolutions on israel

       Sec. 5109. (a) The Senate makes the following findings:
       (1) The United Nations General Assembly and United Nations 
     Security Council have over a period of many years engaged in 
     a pattern of enacting measures and resolutions castigating 
     and condemning the state of Israel.
       (2) Despite the myriad of challenges facing the world 
     community, the United Nations General Assembly has devoted a 
     disproportionate amount of time and resources to castigating 
     Israel.
       (3) During the fifty-seventh session of the United Nations 
     General Assembly, the General Assembly adopted a total of 80 
     resolutions by roll call vote, 23 of which related to Israel 
     and were opposed by the United States.
       (4) The United States has a responsibility to promote fair 
     and equitable treatment of all nations in the context of 
     international organizations, including the United Nations.
       (b) It is the sense of the Senate that the President, the 
     United States Permanent Representative to the United Nations, 
     and other appropriate United States officials should--
       (1) work to dissuade member states of the United Nations 
     from voting in support of United Nations General Assembly 
     resolutions that unfairly castigate Israel; and
       (2) promote within the United Nations General Assembly more 
     balanced and constructive approaches to resolving the 
     conflict in the Middle East.
       (c) Section 406(b)(4) of the Foreign Relations 
     Authorization Act, Fiscal Years 1990 and 1991 (Public Law 
     101-246; 22 U.S.C. 2414a(b)(4)) is amended by inserting after 
     ``United States'' the following: ``, including a separate 
     listing of all plenary votes cast by member countries of the 
     United Nations in the General Assembly on resolutions 
     specifically related to Israel that are opposed by the United 
     States''.


 sense of the senate on violations of religious freedom in saudi arabia

       Sec. 5110. It is the sense of the Senate that, in light of 
     the designation of Saudi Arabia as a country of particular 
     concern under section 402(b)(1)(A) of the International 
     Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)) 
     because the Government of Saudi Arabia has engaged in or 
     tolerated particularly severe violations of religious 
     freedom, the President should--
       (1) under the authority in section 402(c)(2) and 405(c) of 
     such Act, negotiate a binding agreement with the Government 
     of Saudi Arabia that requires such Government to phase out 
     any program, policy, or practice that contributes to the 
     violations of religious freedom occurring or being tolerated 
     in Saudi Arabia; or
       (2) take an action described in one of the paragraphs (9) 
     through (15) of 405(a) of such Act or a commensurate action 
     under the authority in section 402(c)(1)(B) of such Act with 
     respect to Saudi Arabia that the President determines is 
     appropriate after consideration of the recommendations for 
     United States policy made by the United States Commission on 
     International Religious Freedom.


           support for the political independence of Lebanon

       Sec. 5111. (a) The Senate makes the following findings:
       (1) The United States has long supported the sovereignty, 
     territorial integrity, and political independence of Lebanon 
     and the sole and exclusive exercise by the Government of 
     Lebanon of national governmental authority throughout that 
     country.
       (2) The continued presence in Lebanon of nongovernmental 
     armed groups and militias, including Hizbollah, prevents the 
     Government of Lebanon from exercising its full sovereignty 
     over all territory in that country.
       (3) The Government of Syria has had a military presence in 
     Lebanon since 1976, and maintains approximately 20,000 troops 
     in Lebanon.
       (4) The Government of Syria continues to violate United 
     Nations Security Council Resolution 520, adopted in 1982, 
     which demands that ``all non-Lebanese forces'' leave Lebanon.
       (5) Syria has, since 1979, been labeled by the Department 
     of State as a state sponsor of terrorism.
       (6) President George W. Bush signed an Executive order on 
     May 11, 2004, that implements sanctions against the 
     Government of Syria pursuant to the Syria Accountability and 
     Lebanese Sovereignty Restoration Act of 2003 (Public Law 108-
     175; 22 U.S.C. 2151 note).
       (7) United Nations Security Resolution 1559, approved on 
     September 2, 2004, expressed support for a free and fair 
     electoral process in the upcoming presidential election in 
     Lebanon conducted according to constitutional rules adopted 
     in Lebanon without foreign interference or influence.
       (8) On September 3, 2004, the Government of Syria, 
     according to numerous reports, exerted undue influence upon 
     government officials in Lebanon to amend the constitution to 
     extend

[[Page S9756]]

     the term of the President of Lebanon, Emile Lahoud, who is 
     supported by the Government of Syria.
       (b) It is the sense of the Senate that--
       (1) the United Nations should seek a firm, negotiated 
     schedule for the complete withdrawal from Lebanon of Syria 
     armed forces in order to facilitate the restoration of the 
     sovereignty, territorial integrity, and political 
     independence of Lebanon;
       (2) the Government of Syria should immediately withdraw its 
     troops from Lebanon in accordance with United Nations 
     resolutions;
       (3) the Government of Syria should--
       (A) cease its support and armament of terror groups such as 
     Hizbollah; and
       (B) facilitate efforts by the government and armed forces 
     of Lebanon to disarm all nongovernmental armed groups and 
     militias located in Lebanon and to extend central government 
     authority throughout Lebanon; and
       (4) the Government of Syria should cease efforts to derail 
     the democratic process in Lebanon and to interfere with the 
     legitimate electoral process in that country.
       This Act may be cited as the ``Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 2005''.

                          ____________________