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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2812 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 700
108th CONGRESS
  2d Session
                                S. 2812

                          [Report No. 108-346]

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

Rule___________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2004

 Mr. McConnell, from the Committee on Appropriations, reported, under 
authority of the order of the Senate of January 7, 2003, the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2005, and for other purposes, namely:

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States

              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.

                        administrative expenses

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

                Overseas Private Investment Corporation

                           noncredit account

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

                            program account

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

                  Funds Appropriated to the President

                      trade and development agency

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

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

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

           united states agency for international development

                child survival and health programs fund

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, for child 
survival, health, and family planning/reproductive health activities, 
in addition to funds otherwise available for such purposes, 
$1,550,000,000, to remain available until September 30, 2007: Provided, 
That this amount shall be made available for such activities as: (1) 
immunization programs; (2) oral rehydration programs; (3) health, 
nutrition, water and sanitation programs which directly address the 
needs of mothers and children, and related education programs; (4) 
assistance for children displaced or orphaned by causes other than 
AIDS; (5) programs for the prevention, treatment, control of, and 
research on HIV/AIDS, tuberculosis, polio, malaria, and other 
infectious diseases, and for assistance to communities severely 
affected by HIV/AIDS, including children displaced or orphaned by AIDS; 
and (6) family planning/reproductive health: Provided further, That 
none of the funds appropriated under this heading may be made available 
for nonproject assistance, except that funds may be made available for 
such assistance for ongoing health activities: Provided further, That 
of the funds appropriated under this heading, not to exceed $250,000, 
in addition to funds otherwise available for such purposes, may be used 
to monitor and provide oversight of child survival, maternal and family 
planning/reproductive health, and infectious disease programs: Provided 
further, That the following amounts should be allocated as follows: 
$345,000,000 for child survival and maternal health; $30,000,000 for 
vulnerable children; $600,000,000 for HIV/AIDS including not less than 
$32,000,000 to support the development of microbicides as a means for 
combating HIV/AIDS; $200,000,000 for other infectious diseases; and 
$375,000,000 for family planning/reproductive health, including in 
areas where population growth threatens biodiversity or endangered 
species: Provided further, That of the funds appropriated under this 
heading, not less than $250,000,000 shall be made available, 
notwithstanding any other provision of law, except for the United 
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
2003 (117 Stat. 711; 22 U.S.C. 1701 et seq.) as amended, for a United 
States contribution to the Global Fund to Fight AIDS, Tuberculosis and 
Malaria (the ``Global Fund''), and shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That of the funds appropriated under this heading 
that are available for HIV/AIDS programs and activities, not less than 
$28,000,000 should be made available for the International AIDS Vaccine 
Initiative and not less than $28,000,000 should be made available for a 
United States contribution to UNAIDS: Provided further, That of the 
funds appropriated under this heading, $65,000,000 should be made 
available for a United States contribution to The Vaccine Fund, and up 
to $6,000,000 may be transferred to and merged with funds appropriated 
by this Act under the heading ``Operating Expenses of the United States 
Agency for International Development'' for costs directly related to 
international health, but funds made available for such costs may not 
be derived from amounts made available for contribution under this and 
preceding provisos: Provided further, That restrictions with respect to 
assistance provided with funds appropriated by this Act for HIV/AIDS, 
family planning, or child survival and health activities shall not be 
construed to restrict assistance in support of programs to expand the 
availability and use of condoms for HIV/AIDS prevention and of 
contraceptives to reduce the incidence of abortion: Provided further, 
That nothing in this paragraph shall be construed to alter any existing 
statutory prohibitions against abortion under section 104 of the 
Foreign Assistance Act of 1961: Provided further, That none of the 
funds made available in this Act nor any unobligated balances from 
prior appropriations may be made available to any organization or 
program which, as determined by the President of the United States, 
directly supports a program of 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 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.

                         development assistance

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

              international disaster and famine assistance

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

                         transition initiatives

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

                      development credit authority

                     (including transfer of funds)

    For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 108 and 635 of the Foreign Assistance Act of 1961, funds may 
be derived by transfer from funds appropriated by this Act to carry out 
part I of such Act and under the heading ``Assistance for Eastern 
Europe and the Baltic States'': Provided, That such funds shall not 
exceed $21,000,000, which shall be made available only for micro and 
small enterprise programs, urban programs, and other programs which 
further the purposes of part I of the Act: Provided further, That such 
costs, including the cost of modifying such direct and guaranteed 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974, as amended: Provided further, That these funds are 
available to subsidize total loan principal, any part of which is to be 
guaranteed, of up to $700,000,000: Provided further, That the 
provisions of section 107A(d) (relating to general provisions 
applicable to the Development Credit Authority) of the Foreign 
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as 
reported by the House Committee on International Relations on May 9, 
1997, shall be applicable to direct loans and loan guarantees provided 
under this heading: Provided further,  That funds made available by 
this paragraph may be used for the cost of modifying any such 
guaranteed loans under this Act or prior Acts, and funds used for such 
costs shall be subject to the regular notification procedures of the 
Committees on Appropriations.
    In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,000,000, which may be transferred to and merged with 
the appropriation for Operating Expenses of the United States Agency 
for International Development: Provided, That funds made available 
under this heading shall remain available until September 30, 2007.

     payment to the foreign service retirement and disability fund

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

   operating expenses of the united states agency for international 
                              development

    For necessary expenses to carry out the provisions of section 667 
of the Foreign Assistance Act of 1961, $600,000,000, 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 534(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 $500,000 should be made available to support the 
Commission to Investigate Illegal Groups and Clandestine Security 
Apparatus in Guatemala: Provided further, That of the funds 
appropriated under this heading, $3,000,000 shall be made available for 
the Foundation for Security and Sustainability: Provided further, That 
of the funds appropriated under this heading that are made available 
for assistance for Pakistan, not less than $10,000,000 should be made 
available to support programs and activities conducted by indigenous 
organizations that seek to further educational, health, employment, and 
other opportunities for the people of Pakistan, of which up to 
$4,000,000 should be made available for the Pakistan Human Development 
Fund and $1,000,000 for the Amanut Society: Provided further, That of 
the funds appropriated under this heading, $10,000,000 shall be made 
available to continue to support the provision of wheelchairs for needy 
persons in developing countries: Provided further, That funds 
appropriated under this heading that are made available for a Middle 
East Financing Facility, Middle East Enterprise Fund, or any other 
similar entity in the Middle East shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That with respect to funds appropriated under this heading in 
this Act or prior Acts making appropriations for foreign operations, 
export financing, and related programs, the responsibility for policy 
decisions and justifications for the use of such funds, including 
whether there will be a program for a country that uses those funds and 
the amount of each such program, shall be the responsibility of the 
Secretary of State and the Deputy Secretary of State and this 
responsibility shall not be delegated.

          assistance for eastern europe and the baltic states

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

    assistance for the independent states of the former soviet union

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

                          Independent Agencies

                       inter-american foundation

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

                     african development foundation

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

                              peace corps

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

                    millennium challenge corporation

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

                          Department of State

                       global hiv/aids initiative

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

          international narcotics control and law enforcement

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

                     andean counterdrug initiative

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

                    migration and refugee assistance

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

     united states emergency refugee and migration assistance fund

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

    nonproliferation, anti-terrorism, demining and related programs

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

                         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 551 of 
this Act: Provided further, That the administrative authorities of the 
Foreign Assistance Act of 1961 shall be applicable to the funds and 
resources available under this paragraph: Provided further, That up to 
5 percent of the funds available under this paragraph may be made 
available for the administrative costs of United States Government 
agencies implementing activities under this paragraph: Provided 
further, That funds and resources available under this heading shall be 
subject to the regular notification procedures of the Committees on 
Appropriations except that such notifications shall be transmitted at 
least 5 days in advance of the obligation of funds.

                       Department of the Treasury

               international affairs technical assistance

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

                           debt restructuring

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, as the President 
may determine, for which funds have been appropriated or otherwise made 
available for programs within the International Affairs Budget Function 
150, including the cost of selling, reducing, or canceling amounts owed 
to the United States as a result of concessional loans made to eligible 
countries, pursuant to parts IV and V of the Foreign Assistance Act of 
1961, and of modifying concessional credit agreements with least 
developed countries, as authorized under section 411 of the 
Agricultural Trade Development and Assistance Act of 1954, as amended, 
and concessional loans, guarantees and credit agreements, as authorized 
under section 572 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461), and of 
canceling amounts owed, as a result of loans or guarantees made 
pursuant to the Export-Import Bank Act of 1945, by countries that are 
eligible for debt reduction pursuant to title V of H.R. 3425 as enacted 
into law by section 1000(a)(5) of Public Law 106-113, $95,000,000, to 
remain available until September 30, 2007: Provided, That not less than 
$20,000,000 of the funds appropriated under this heading shall be made 
available to carry out the provisions of part V of the Foreign 
Assistance Act of 1961: Provided further, That $75,000,000 of the funds 
appropriated under this heading may be used by the Secretary of the 
Treasury to pay to the Heavily Indebted Poor Countries (HIPC) Trust 
Fund administered by the International Bank for Reconstruction and 
Development amounts for the benefit of countries that are eligible for 
debt reduction pursuant to title V of H.R. 3425 as enacted into law by 
section 1000(a)(5) of Public Law 106-113: Provided further, That 
amounts paid to the HIPC Trust Fund may be used only to fund debt 
reduction under the enhanced HIPC initiative by--
            (1) the Inter-American Development Bank;
            (2) the African Development Fund;
            (3) the African Development Bank; and
            (4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for 
the benefit of any country if the Secretary of State has credible 
evidence that the government of such country is engaged in a consistent 
pattern of gross violations of internationally recognized human rights 
or in military or civil conflict that undermines its ability to develop 
and implement measures to alleviate poverty and to devote adequate 
human and financial resources to that end: Provided further, That on 
the basis of final appropriations, the Secretary of the Treasury shall 
consult with the Committees on Appropriations concerning which 
countries and international financial institutions are expected to 
benefit from a United States contribution to the HIPC Trust Fund during 
the fiscal year: Provided further, That the Secretary of the Treasury 
shall inform the Committees on Appropriations not less than 15 days in 
advance of the signature of an agreement by the United States to make 
payments to the HIPC Trust Fund of amounts for such countries and 
institutions: Provided further, That the Secretary of the Treasury may 
disburse funds designated for debt reduction through the HIPC Trust 
Fund only for the benefit of countries that--
            (1) have committed, for a period of 24 months, not to 
        accept new market-rate loans from the international financial 
        institution receiving debt repayment as a result of such 
        disbursement, other than loans made by such institutions to 
        export-oriented commercial projects that generate foreign 
        exchange which are generally referred to as ``enclave'' loans; 
        and
            (2) have documented and demonstrated their commitment to 
        redirect their budgetary resources from international debt 
        repayments to programs to alleviate poverty and promote 
        economic growth that are additional to or expand upon those 
        previously available for such purposes:
Provided further, That any limitation of subsection (e) of section 411 
of the Agricultural Trade Development and Assistance Act of 1954 shall 
not apply to funds appropriated under this heading: Provided further, 
That none of the funds made available under this heading in this or any 
other appropriations Act shall be made available for Sudan or Burma 
unless the Secretary of the Treasury determines and notifies the 
Committees on Appropriations that a democratically elected government 
has taken office.

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President

             international military education and training

    For necessary expenses to carry out the provisions of section 541 
of the Foreign Assistance Act of 1961, $89,730,000, of which up to 
$3,000,000 may remain available until expended: Provided, That the 
civilian personnel for whom military education and training may be 
provided under this heading may include civilians who are not members 
of a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for 
human rights: Provided further, That 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 515 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 551 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, $69,691,000, 
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, 
$75,000,000, to remain available until expended.

  contribution to the european bank for reconstruction and development

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

              limitation on callable capital subscriptions

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

  contribution to the international fund for agricultural development

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

                international organizations and programs

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

                      TITLE V--GENERAL PROVISIONS

  compensation for united states executive directors to international 
                         financial institutions

    Sec. 501. (a) No funds appropriated by this Act may be made as 
payment to any international financial institution while the United 
States Executive Director to such institution is compensated by the 
institution at a rate which, together with whatever compensation such 
Director receives from the United States, is in excess of the rate 
provided for an individual occupying a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States Code, 
or while any alternate United States Director to such institution is 
compensated by the institution at a rate in excess of the rate provided 
for an individual occupying a position at level V of the Executive 
Schedule under section 5316 of title 5, United States Code.
    (b) For purposes of this section, ``international financial 
institutions'' are: the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
Bank, the Asian Development Fund, the African Development Bank, the 
African Development Fund, the International Monetary Fund, the North 
American Development Bank, and the European Bank for Reconstruction and 
Development.

   restrictions on voluntary contributions to united nations agencies

    Sec. 502. None of the funds appropriated by this Act may be made 
available to pay any voluntary contribution of the United States to the 
United Nations (including the United Nations Development Program) if 
the United Nations implements or imposes any taxation on any United 
States persons.

                    limitation on residence expenses

    Sec. 503. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $100,500 shall be for official residence 
expenses of the United States Agency for International Development 
during the current fiscal year: Provided, That appropriate steps shall 
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.

                         limitation on expenses

    Sec. 504. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $5,000 shall be for entertainment expenses of 
the United States Agency for International Development during the 
current fiscal year.

               limitation on representational allowances

    Sec. 505. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $125,000 shall be available for representation 
allowances for the United States Agency for International Development 
during the current fiscal year: Provided, That appropriate steps shall 
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars: Provided 
further, That of the funds made available by this Act for general costs 
of administering military assistance and sales under the heading 
``Foreign Military Financing Program'', not to exceed $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. 506. (a) Prohibition on Taxation.--None of the funds 
appropriated by this Act may be made available to provide assistance 
for a foreign country under a new bilateral agreement governing the 
terms and conditions under which such assistance is to be provided 
unless such agreement includes a provision stating that assistance 
provided by the United States shall be exempt from taxation, or 
reimbursed, by the foreign government, and the Secretary of State shall 
expeditiously seek to negotiate amendments to existing bilateral 
agreements, as necessary, to conform with this requirement.
    (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200 
percent of the total taxes assessed during fiscal year 2005 on funds 
appropriated by this Act by a foreign government or entity against 
commodities financed under United States assistance programs for which 
funds are appropriated by this Act, either directly or through 
grantees, contractors and subcontractors shall be withheld from 
obligation from funds appropriated for assistance for fiscal year 2006 
and allocated for the central government of such country and for the 
West Bank and Gaza Program to the extent that the Secretary of State 
certifies and reports in writing to the Committees on Appropriations 
that such taxes have not been reimbursed to the Government of the 
United States.
    (c) De Minimis Exception.--Foreign taxes of a de minimis nature 
shall not be subject to the provisions of subsection (b).
    (d) Reprogramming of Funds.--Funds withheld from obligation for 
each country or entity pursuant to subsection (b) shall be reprogrammed 
for assistance to countries which do not assess taxes on United States 
assistance or which have an effective arrangement that is providing 
substantial reimbursement of such taxes.
    (e) Determinations.--
            (1) The provisions of this section shall not apply to any 
        country or entity the Secretary of State determines--
                    (A) does not assess taxes on United States 
                assistance or which has an effective arrangement that 
                is providing substantial reimbursement of such taxes; 
                or
                    (B) the foreign policy interests of the United 
                States outweigh the policy of this section to ensure 
                that United States assistance is not subject to 
                taxation.
            (2) The Secretary of State shall consult with the 
        Committees on Appropriations at least 15 days prior to 
        exercising the authority of this subsection with regard to any 
        country or entity.
    (f) Implementation.--The Secretary of State shall issue rules, 
regulations, or policy guidance, as appropriate, to implement the 
prohibition against the taxation of assistance contained in this 
section.
    (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to value 
        added taxes and customs duties imposed on commodities financed 
        with United States assistance for programs for which funds are 
        appropriated by this Act; and
            (2) the term ``bilateral agreement'' refers to a framework 
        bilateral agreement between the Government of the United States 
        and the government of the country receiving assistance that 
        describes the privileges and immunities applicable to United 
        States foreign assistance for such country generally, or an 
        individual agreement between the Government of the United 
        States and such government that describes, among other things, 
        the treatment for tax purposes that will be accorded the United 
        States assistance provided under that agreement.

        prohibition against direct funding for certain countries

    Sec. 507. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance or reparations to Cuba, Libya, North 
Korea, Iran, or Syria: Provided, That for purposes of this section, the 
prohibition on obligations or expenditures shall include direct loans, 
credits, insurance and guarantees of the Export-Import Bank or its 
agents.

                             military coups

    Sec. 508. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance to the government of any country whose 
duly elected head of government is deposed by decree or military coup: 
Provided, That assistance may be resumed to such government if the 
President determines and certifies to the Committees on Appropriations 
that subsequent to the termination of assistance a democratically 
elected government has taken office: Provided further, That the 
provisions of this section shall not apply to assistance to promote 
democratic elections or public participation in democratic processes: 
Provided further, That funds made available pursuant to the previous 
provisos shall be subject to the regular notification procedures of the 
Committees on Appropriations.

                               transfers

    Sec. 509. (a)(1) Limitation on Transfers Between Agencies.--None of 
the funds made available by this Act may be transferred to any 
department, agency, or instrumentality of the United States Government, 
except pursuant to a transfer made by, or transfer authority provided 
in, this Act or any other appropriation Act.
    (2) Notwithstanding paragraph (1), in addition to transfers made 
by, or authorized elsewhere in, this Act, funds appropriated by this 
Act to carry out the purposes of the Foreign Assistance Act of 1961 may 
be allocated or transferred to agencies of the United States Government 
pursuant to the provisions of sections 109, 610, and 632 of the Foreign 
Assistance Act of 1961.
    (b) Transfers Between Accounts.--None of the funds made available 
by this Act may be obligated under an appropriation account to which 
they were not appropriated, except for transfers specifically provided 
for in this Act, unless the President, not less than five days prior to 
the exercise of any authority contained in the Foreign Assistance Act 
of 1961 to transfer funds, consults with and provides a written policy 
justification to the Committees on Appropriations of the House of 
Representatives and the Senate.
    (c) Audit of Inter-agency Transfers.--Any agreement for the 
transfer or allocation of funds appropriated by this Act, or prior 
Acts, entered into between the United States Agency for International 
Development and another agency of the United States Government under 
the authority of section 632(a) of the Foreign Assistance Act of 1961 
or any comparable provision of law, shall expressly provide that the 
Office of the Inspector General for the agency receiving the transfer 
or allocation of such funds shall perform periodic program and 
financial audits of the use of such funds: Provided, That funds 
transferred under such authority may be made available for the cost of 
such audits.

                 commercial leasing of defense articles

    Sec. 510. Notwithstanding any other provision of law, and subject 
to the regular notification procedures of the Committees on 
Appropriations, the authority of section 23(a) of the Arms Export 
Control Act may be used to provide financing to Israel, Egypt and NATO 
and major non-NATO allies for the procurement by leasing (including 
leasing with an option to purchase) of defense articles from United 
States commercial suppliers, not including Major Defense Equipment 
(other than helicopters and other types of aircraft having possible 
civilian application), if the President determines that there are 
compelling foreign policy or national security reasons for those 
defense articles being provided by commercial lease rather than by 
government-to-government sale under such Act.

                         availability of funds

    Sec. 511. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: Provided, That 
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of 
part I, section 667, chapters 4, 6, 8, and 9 of part II of the Foreign 
Assistance Act of 1961, section 23 of the Arms Export Control Act, and 
funds provided under the heading ``Assistance for Eastern Europe and 
the Baltic States'', shall remain available for an additional four 
years from the date on which the availability of such funds would 
otherwise have expired, if such funds are initially obligated before 
the expiration of their respective periods of availability contained in 
this Act: Provided further, That, notwithstanding any other provision 
of this Act, any funds made available for the purposes of chapter 1 of 
part I and chapter 4 of part II of the Foreign Assistance Act of 1961 
which are allocated or obligated for cash disbursements in order to 
address balance of payments or economic policy reform objectives, shall 
remain available until expended.

            limitation on assistance to countries in default

    Sec. 512. No part of any appropriation contained in this Act shall 
be used to furnish assistance to the government of any country which is 
in default during a period in excess of one calendar year in payment to 
the United States of principal or interest on any loan made to the 
government of such country by the United States pursuant to a program 
for which funds are appropriated under this Act unless the President 
determines, following consultations with the Committees on 
Appropriations, that assistance to such country is in the national 
interest of the United States.

                           commerce and trade

    Sec. 513. (a) None of the funds appropriated or made available 
pursuant to this Act for direct assistance and none of the funds 
otherwise made available pursuant to this Act to the Export-Import Bank 
and the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any commodity 
for export by any country other than the United States, if the 
commodity is likely to be in surplus on world markets at the time the 
resulting productive capacity is expected to become operative and if 
the assistance will cause substantial injury to United States producers 
of the same, similar, or competing commodity: Provided, That such 
prohibition shall not apply to the Export-Import Bank if in the 
judgment of its Board of Directors the benefits to industry and 
employment in the United States are likely to outweigh the injury to 
United States producers of the same, similar, or competing commodity, 
and the Chairman of the Board so notifies the Committees on 
Appropriations.
    (b) None of the funds appropriated by this or any other Act to 
carry out chapter 1 of part I of the Foreign Assistance Act of 1961 
shall be available for any testing or breeding feasibility study, 
variety improvement or introduction, consultancy, publication, 
conference, or training in connection with the growth or production in 
a foreign country of an agricultural commodity for export which would 
compete with a similar commodity grown or produced in the United 
States: Provided, That this subsection shall not prohibit--
            (1) activities designed to increase food security in 
        developing countries where such activities will not have a 
        significant impact on the export of agricultural commodities of 
        the United States; or
            (2) research activities intended primarily to benefit 
        American producers.

                          surplus commodities

    Sec. 514. The Secretary of the Treasury shall instruct the United 
States Executive Directors of the International Bank for Reconstruction 
and Development, the International Development Association, the 
International Finance Corporation, the Inter-American Development Bank, 
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the North American Development Bank, 
the European Bank for Reconstruction and Development, the African 
Development Bank, and the African Development Fund to use the voice and 
vote of the United States to oppose any assistance by these 
institutions, using funds appropriated or made available pursuant to 
this Act, for the production or extraction of any commodity or mineral 
for export, if it is in surplus on world markets and if the assistance 
will cause substantial injury to United States producers of the same, 
similar, or competing commodity.

                       notification requirements

    Sec. 515. For the purposes of providing the executive branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for ``Child Survival and Health Programs 
Fund'', ``Development Assistance'', ``International Organizations and 
Programs'', ``Trade and Development Agency'', ``International Narcotics 
Control and Law Enforcement'', ``Andean Counterdrug Initiative'', 
``Assistance for Eastern Europe and the Baltic States'', ``Assistance 
for the Independent States of the Former Soviet Union'', ``Economic 
Support Fund'', ``Global HIV/AIDS Initiative'', ``Peacekeeping 
Operations'', ``Capital Investment Fund'', ``Operating Expenses of the 
United States Agency for International Development'', ``Operating 
Expenses of the United States Agency for International Development 
Office of Inspector General'', ``Nonproliferation, Anti-terrorism, 
Demining and Related Programs'', ``Millennium Challenge Corporation'' 
(by country only), ``Foreign Military Financing Program'', 
``International Military Education and Training'', ``Peace Corps'', and 
``Migration and Refugee Assistance'', shall be available for obligation 
for activities, programs, projects, type of materiel assistance, 
countries, or other operations not justified or in excess of the amount 
justified to the Committees on Appropriations for obligation under any 
of these specific headings unless the Committees on Appropriations of 
both Houses of Congress are previously notified 15 days in advance: 
Provided, That the President shall not enter into any commitment of 
funds appropriated for the purposes of section 23 of the Arms Export 
Control Act for the provision of major defense equipment, other than 
conventional ammunition, or other major defense items defined to be 
aircraft, ships, missiles, or combat vehicles, not previously justified 
to Congress or 20 percent in excess of the quantities justified to 
Congress unless the Committees on Appropriations are notified 15 days 
in advance of such commitment: Provided further, That this section 
shall not apply to any reprogramming for an activity, program, or 
project for which funds are appropriated under title II of this Act of 
less than 10 percent of the amount previously justified to the Congress 
for obligation for such activity, program, or project for the current 
fiscal year: Provided further, That 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. 516. Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under this Act or any 
previously enacted Act making appropriations for foreign operations, 
export financing, and related programs, which are returned or not made 
available for organizations and programs because of the implementation 
of section 307(a) of the Foreign Assistance Act of 1961, shall remain 
available for obligation until September 30, 2006.

             independent states of the former soviet union

    Sec. 517. (a) None of the funds appropriated under the heading 
``Assistance for the Independent States of the Former Soviet Union'' 
shall be made available for assistance for a government of an 
Independent State of the former Soviet Union if that government directs 
any action in violation of the territorial integrity or national 
sovereignty of any other Independent State of the former Soviet Union, 
such as those violations included in the Helsinki Final Act: Provided, 
That such funds may be made available without regard to the restriction 
in this subsection if the President determines that to do so is in the 
national security interest of the United States.
    (b) None of the funds appropriated under the heading ``Assistance 
for the Independent States of the Former Soviet Union'' shall be made 
available for any state to enhance its military capability: Provided, 
That this restriction does not apply to demilitarization, demining or 
nonproliferation programs.
    (c) Funds appropriated under the heading ``Assistance for the 
Independent States of the Former Soviet Union'' for the Russian 
Federation, Armenia, Georgia, and Ukraine shall be subject to the 
regular notification procedures of the Committees on Appropriations.
    (d) Funds made available in this Act for assistance for the 
Independent States of the former Soviet Union shall be subject to the 
provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961.
    (e) In issuing new task orders, entering into contracts, or making 
grants, with funds appropriated in this Act or prior appropriations 
Acts under the heading ``Assistance for the Independent States of the 
Former Soviet Union'' and under comparable headings in prior 
appropriations Acts, for projects or activities that have as one of 
their primary purposes the fostering of private sector development, the 
Coordinator for United States Assistance to Europe and Eurasia and the 
implementing agency shall encourage the participation of and give 
significant weight to contractors and grantees who propose investing a 
significant amount of their own resources (including volunteer services 
and in-kind contributions) in such projects and activities.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 518. None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide 
any financial incentive to any person to undergo sterilizations. None 
of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be used to pay for any 
biomedical research which relates in whole or in part, to methods of, 
or the performance of, abortions or involuntary sterilization as a 
means of family planning. None of the funds made available to carry out 
part I of the Foreign Assistance Act of 1961, as amended, may be 
obligated or expended for any country or organization if the President 
certifies that the use of these funds by any such country or 
organization would violate any of the above provisions related to 
abortions and involuntary sterilizations.

                 export financing transfer authorities

    Sec. 519. Not to exceed 5 percent of any appropriation other than 
for administrative expenses made available for fiscal year 2005, for 
programs under title I of this Act may be transferred between such 
appropriations for use for any of the purposes, programs, and 
activities for which the funds in such receiving account may be used, 
but no such appropriation, except as otherwise specifically provided, 
shall be increased by more than 25 percent by any such transfer: 
Provided, That the exercise of such authority shall be subject to the 
regular notification procedures of the Committees on Appropriations.

                   special notification requirements

    Sec. 520. None of the funds appropriated by this Act shall be 
obligated or expended for Liberia, Serbia, Sudan, 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. 521. For the purpose of this Act, ``program, project, and 
activity'' shall be defined at the appropriations Act account level and 
shall include all appropriations and authorizations Acts earmarks, 
ceilings, and limitations with the exception that for the following 
accounts: Economic Support Fund and Foreign Military Financing Program, 
``program, project, and activity'' shall also be considered to include 
country, regional, and central program level funding within each such 
account; for the development assistance accounts of the United States 
Agency for International Development ``program, project, and activity'' 
shall also be considered to include central, country, regional, and 
program level funding, either as: (1) justified to the Congress; or (2) 
allocated by the executive branch in accordance with a report, to be 
provided to the Committees on Appropriations within 30 days of the 
enactment of this Act, as required by section 653(a) of the Foreign 
Assistance Act of 1961.

                  child survival and health activities

    Sec. 522. Up to $13,500,000 of the funds made available by this Act 
for assistance under the heading ``Child Survival and Health Programs 
Fund'', may be used to reimburse United States Government agencies, 
agencies of State governments, institutions of higher learning, and 
private and voluntary organizations for the full cost of individuals 
(including for the personal services of such individuals) detailed or 
assigned to, or contracted by, as the case may be, the United States 
Agency for International Development for the purpose of carrying out 
activities under that heading: Provided, That up to $3,500,000 of the 
funds made available by this Act for assistance under the heading 
``Development Assistance'' may be used to reimburse such agencies, 
institutions, and organizations for such costs of such individuals 
carrying out other development assistance activities: Provided further, 
That funds appropriated by titles II and III of this Act that are made 
available for bilateral assistance for child survival activities or 
disease programs including activities relating to research on, and the 
prevention, treatment and control of, HIV/AIDS may be made available 
notwithstanding any other provision of law except for the provisions 
under the heading ``Child Survival and Health Programs Fund'' and the 
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), 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. 523. 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. 524. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 
1961, the Department of Defense shall notify the Committees on 
Appropriations to the same extent and under the same conditions as are 
other committees pursuant to subsection (f) of that section: Provided, 
That before issuing a letter of offer to sell excess defense articles 
under the Arms Export Control Act, the Department of Defense shall 
notify the Committees on Appropriations in accordance with the regular 
notification procedures of such Committees if such defense articles are 
significant military equipment (as defined in section 47(9) of the Arms 
Export Control Act) or are valued (in terms of original acquisition 
cost) at $7,000,000 or more, or if notification is required elsewhere 
in this Act for the use of appropriated funds for specific countries 
that would receive such excess defense articles: Provided further, That 
such Committees shall also be informed of the original acquisition cost 
of such defense articles.

                     hiv/aids working capital fund

    Sec. 525. (a) In furtherance of the purposes of section 104A of the 
Foreign Assistance Act of 1961, and to assist in providing a safe, 
secure, reliable, and sustainable supply chain of pharmaceuticals and 
other products needed to provide care and treatment of persons with 
HIV/AIDS and related infections, the Coordinator of the United States 
Government Activities to Combat HIV/AIDS Globally (the ``Coordinator'') 
is authorized to establish an HIV/AIDS Working Capital Fund (in this 
section referred to as the ``HIV/AIDS Fund'').
    (b) Funds deposited during any fiscal year in the HIV/AIDS Fund 
shall be available without fiscal year limitation and used for 
pharmaceuticals and other products needed to provide care and treatment 
of persons with HIV/AIDS and related infections, including, but not 
limited to--
            (1) anti-retroviral drugs;
            (2) other pharmaceuticals and medical items needed to 
        provide care and treatment to persons with HIV/AIDS and related 
        infections;
            (3) laboratory and other supplies for performing tests 
        related to the provision of care and treatment to persons with 
        HIV/AIDS and related infections;
            (4) other medical supplies needed for the operation of HIV/
        AIDS treatment and care centers, including products needed in 
        programs for the prevention of mother-to-child transmission;
            (5) pharmaceuticals and health commodities needed for the 
        provision of palliative care; and
            (6) laboratory and clinical equipment, as well as equipment 
        needed for the transportation and care of HIV/AIDS supplies, 
        and other equipment needed to provide prevention, care and 
        treatment of HIV/AIDS described above.
    (c) There may be deposited during any fiscal year in the HIV/AIDS 
Fund payments for HIV/AIDS pharmaceuticals and products provided from 
the HIV/AIDS Fund received from applicable appropriations and funds of 
the United States Agency for International Development, the Department 
of Health and Human Services, the Department of Defense, or other 
Federal agencies and other sources at actual cost of the HIV/AIDS 
pharmaceuticals and other products, actual cost plus the additional 
costs of providing such HIV/AIDS pharmaceuticals and other products, or 
at any other price agreed to by the Coordinator or his designee.
    (d) There may be deposited in the HIV/AIDS Fund payments for the 
loss of, or damage to, HIV/AIDS pharmaceuticals and products held in 
the HIV/AIDS Fund, rebates, reimbursements, refunds and other credits 
application to the operation of the HIV/AIDS Fund.
    (e) At the close of each fiscal year the Coordinator may transfer 
out of the HIV/AIDS Fund to other HIV/AIDS programmatic areas such 
amounts as the Coordinator determines to be in excess of the needs of 
the HIV/AIDS Fund.
    (f) At the close of each fiscal year the Coordinator shall submit a 
report to the Committees on Appropriations detailing the financial 
activities of the HIV/AIDS Fund, including sources of income and 
information regarding disbursements.

                           democracy programs

    Sec. 526. (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. 527. (a) Funds appropriated for bilateral assistance under any 
heading of this Act and funds appropriated under any such heading in a 
provision of law enacted prior to the enactment of this Act, shall not 
be made available to any country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism; or
            (2) otherwise supports international terrorism.
    (b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall publish 
each waiver in the Federal Register and, at least 15 days before the 
waiver takes effect, shall notify the Committees on Appropriations of 
the waiver (including the justification for the waiver) in accordance 
with the regular notification procedures of the Committees on 
Appropriations.

                          debt-for-development

    Sec. 528. In order to enhance the continued participation of 
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or 
contractor of the United States Agency for International Development 
may place in interest bearing accounts local currencies which accrue to 
that organization as a result of economic assistance provided under 
title II of this Act and, subject to the regular notification 
procedures of the Committees on Appropriations, any interest earned on 
such investment shall be used for the purpose for which the assistance 
was provided to that organization.

                           separate accounts

    Sec. 529. (a) Separate Accounts for Local Currencies.--(1) If 
assistance is furnished to the government of a foreign country under 
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign 
Assistance Act of 1961 under agreements which result in the generation 
of local currencies of that country, the Administrator of the United 
States Agency for International Development shall--
            (A) require that local currencies be deposited in a 
        separate account established by that government;
            (B) enter into an agreement with that government which sets 
        forth--
                    (i) the amount of the local currencies to be 
                generated; and
                    (ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent 
                with this section; and
            (C) establish by agreement with that government the 
        responsibilities of the United States Agency for International 
        Development and that government to monitor and account for 
        deposits into and disbursements from the separate account.
    (2) Uses of local currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local 
currencies, shall be used only--
            (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                    (i) project and sector assistance activities; or
                    (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United 
        States Government.
    (3) Programming accountability.--The United States Agency for 
International Development shall take all necessary steps to ensure that 
the equivalent of the local currencies disbursed pursuant to subsection 
(a)(2)(A) from the separate account established pursuant to subsection 
(a)(1) are used for the purposes agreed upon pursuant to subsection 
(a)(2).
    (4) Termination of assistance programs.--Upon termination of 
assistance to a country under chapter 1 or 10 of part I or chapter 4 of 
part II (as the case may be), any unencumbered balances of funds which 
remain in a separate account established pursuant to subsection (a) 
shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government.
    (5) Reporting requirement.--The Administrator of the United States 
Agency for International Development shall report on an annual basis as 
part of the justification documents submitted to the Committees on 
Appropriations on the use of local currencies for the administrative 
requirements of the United States Government as authorized in 
subsection (a)(2)(B), and such report shall include the amount of local 
currency (and United States dollar equivalent) used and/or to be used 
for such purpose in each applicable country.
    (b) Separate Accounts for Cash Transfers.--(1) If assistance is 
made available to the government of a foreign country, under chapter 1 
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act 
of 1961, as cash transfer assistance or as nonproject sector 
assistance, that country shall be required to maintain such funds in a 
separate account and not commingle them with any other funds.
    (2) Applicability of other provisions of law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the 
Committee of Conference accompanying House Joint Resolution 648 (House 
Report No. 98-1159).
    (3) Notification.--At least 15 days prior to obligating any such 
cash transfer or nonproject sector assistance, the President shall 
submit a notification through the regular notification procedures of 
the Committees on Appropriations, which shall include a detailed 
description of how the funds proposed to be made available will be 
used, with a discussion of the United States interests that will be 
served by the assistance (including, as appropriate, a description of 
the economic policy reforms that will be promoted by such assistance).
    (4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the 
notification procedures of the Committees on Appropriations.

                      enterprise fund restrictions

    Sec. 530. (a) Prior to the distribution of any assets resulting 
from any liquidation, dissolution, or winding up of an Enterprise Fund, 
in whole or in part, the President shall submit to the Committees on 
Appropriations, in accordance with the regular notification procedures 
of the Committees on Appropriations, a plan for the distribution of the 
assets of the Enterprise Fund.
    (b) Funds made available by this Act for Enterprise Funds shall be 
expended at the minimum rate necessary to make timely payment for 
projects and activities.

                                 burma

    Sec. 531. (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 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. 532. Unless expressly provided to the contrary, provisions of 
this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for foreign operations, export 
financing, and related programs, shall not be construed to prohibit 
activities authorized by or conducted under the Peace Corps Act, the 
Inter-American Foundation Act or the African Development Foundation 
Act. The agency shall promptly report to the Committees on 
Appropriations whenever it is conducting activities or is proposing to 
conduct activities in a country for which assistance is prohibited.

                  impact on jobs in the united states

    Sec. 533. None of the funds appropriated by this Act may be 
obligated or expended to provide--
            (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. 534. (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 512 of this 
Act or any similar provision of law and section 660 of the Foreign 
Assistance Act of 1961, and funds appropriated in titles I and II of 
this Act that are made available for Iraq, Lebanon, Montenegro, 
Pakistan, and for victims of war, displaced children, and displaced 
Burmese, and to assist victims of trafficking in persons and, subject 
to the regular notification procedures of the Committees on 
Appropriations, to combat such trafficking and to address sexual and 
gender-based violence, may be made available notwithstanding any other 
provision of law.
    (b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections 
103 through 106, and chapter 4 of part II, of the Foreign Assistance 
Act of 1961 may be used, notwithstanding any other provision of law, 
for the purpose of supporting tropical forestry and biodiversity 
conservation activities and energy programs aimed at reducing 
greenhouse gas emissions: Provided, That such assistance shall be 
subject to sections 116, 502B, and 620A of the Foreign Assistance Act 
of 1961.
    (c) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by the United 
States Agency for International Development to employ up to 25 personal 
services contractors in the United States, notwithstanding any other 
provision of law, for the purpose of providing direct, interim support 
for new or expanded overseas programs and activities managed by the 
agency until permanent direct hire personnel are hired and trained: 
Provided, That not more than 10 of such contractors shall be assigned 
to any bureau or office: Provided further, That such funds appropriated 
to carry out title II of the Agricultural Trade Development and 
Assistance Act of 1954, may be made available only for personal 
services contractors assigned to the Office of Food for Peace.
    (d)(1) Waiver.--The President may waive the provisions of section 
1003 of Public Law 100-204 if the President determines and certifies in 
writing to the Speaker of the House of Representatives and the 
President pro tempore of the Senate that it is important to the 
national security interests of the United States.
    (2) Period of application of waiver.--Any waiver pursuant to 
paragraph (1) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (e) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development may provide an exception to 
the fair opportunity process for placing task orders under such 
contracts when the order is placed with any category of small or small 
disadvantaged business.
    (f) Contingencies.--During fiscal year 2005, the President may use 
up to $50,000,000 under the authority of section 451 of the Foreign 
Assistance Act of 1961, notwithstanding the funding ceiling in section 
451(a).
    (g) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (h) World Food Program.--Of the funds managed by the Bureau for 
Democracy, Conflict, and Humanitarian Assistance of the United States 
Agency for International Development, from this or any other Act, not 
less than $6,000,000 shall be made available as a general contribution 
to the World Food Program, notwithstanding any other provision of law.
    (i) National Endowment for Democracy.--Funds appropriated by this 
Act that are provided to the National Endowment for Democracy may be 
provided notwithstanding any other provision of law or regulation.
    (j) Sudan.--For the purposes of section 501 of Public Law 106-570, 
the terms ``areas outside of control of the Government of Sudan'' and 
``area in Sudan outside of control of the Government of Sudan'' shall, 
upon conclusion of a peace agreement between the Government of Sudan 
and the Sudan People's Liberation Movement, have the same meaning and 
application as was the case immediately prior to the conclusion of such 
agreement.
    (k) Indochinese Parolees.--Section 586 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2001 (8 
U.S.C. 1255 note), as enacted into law by section 101(a) of Public Law 
106-429, is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``she'' and inserting ``the Secretary of 
                Homeland Security''; and
                    (B) in paragraph (1), by striking ``within three 
                years after the date of promulgation by the Attorney 
                General of regulations in connection with this title'';
            (3) in subsection (c), by striking ``212(8)(A)'' and 
        inserting ``212(a)(8)(A)'';
            (4) by striking subsection (d);
            (5) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively;
            (6) by adding at the end the following new subsection:
    ``(f) Adjudication of Applications.--The Secretary of Homeland 
Security shall--
            ``(1) adjudicate applications for adjustment under this 
        section, notwithstanding any limitation on the number of 
        adjustments under this section or any deadline for such 
        applications that previously existed in law or regulation; and
            ``(2) not charge a fee in addition to any fee that 
        previously was submitted with such application.''; and
            (7) The amendments made by this subsection shall take 
        effect as if enacted as part of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 2001.
    (l) Extension of Authority.--Public Law 107-57, as amended, is 
further amended--
            (1) in section 1(b) by striking ``2004'' wherever appearing 
        (including in the caption), and inserting in lieu thereof 
        ``2005'';
            (2) in section 3(2), by striking ``and ``2004'' and 
        inserting in lieu thereof ``2004 and 2005''; and
            (3) in section 6, by striking ``2004'' and inserting in 
        lieu thereof ``2005''.
    (m) Endowments.--
            (1) Of the funds appropriated by this Act and prior Acts 
        making appropriations for foreign operations, export financing, 
        and related programs, that are available for assistance for 
        Cambodia, the following amounts should be made available as 
        follows:
                    (A) $5,000,000 for an endowment for a Cambodian 
                nongovernmental organization to document genocide and 
                crimes against humanity in Cambodia; and
                    (B) $3,750,000 for an endowment for an American 
                nongovernmental organization to sustain rehabilitation 
                programs in Cambodia for persons suffering from 
                physical disabilities.
            (2) Such organizations may place amounts made available 
        under this subsection in interest bearing accounts and any 
        interest earned on such investment shall be used for the 
        purpose for which funds were made available under this 
        subsection.
            (3) Funds appropriated in subsequent Acts making 
        appropriations for foreign operations, export financing, and 
        related programs may also be used for purposes of this 
        subsection.
    (n) Conformity of Laws.--Title 16, United States Code is amended--
            (1) in section 3371(f), by inserting ``or foreign country'' 
        after ``indigenous to any State'';
            (2) in section 3371(f)(B), by inserting ``or foreign'' 
        after ``State'';
            (3) in section 3372(a)(2)(B), by inserting before the 
        semicolon ``or in violation of any foreign law''; and
            (4) in section 3372(a)(3)(B), by inserting before the 
        semicolon ``or in violation of any foreign law''.
    (o) Extension of Authority.--Chapter 5 of title I of the Emergency 
Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11), is 
amended under the heading ``Loan Guarantees to Israel''--
            (1) by striking ``During the period beginning March 1, 
        2003, and ending September 30, 2005,'' and inserting ``During 
        the period beginning March 1, 2003, and ending September 30, 
        2007,''; and
            (2) by striking ``That if less than the full amount of 
        guarantees authorized to be made available is issued prior to 
        September 30, 2005,'' and inserting ``That if less than the 
        full amount of guarantees authorized to be made available is 
        issued prior to September 30, 2007,''.

                     arab league boycott of israel

    Sec. 535. It is the sense of the Congress that--
            (1) the Arab League boycott of Israel, and the secondary 
        boycott of American firms that have commercial ties with 
        Israel, is an impediment to peace in the region and to United 
        States investment and trade in the Middle East and North 
        Africa;
            (2) the Arab League boycott, which was regrettably 
        reinstated in 1997, should be immediately and publicly 
        terminated, and the Central Office for the Boycott of Israel 
        immediately disbanded;
            (3) the three Arab League countries with diplomatic and 
        trade relations with Israel should return their ambassadors to 
        Israel, should refrain from downgrading their relations with 
        Israel, and should play a constructive role in securing a 
        peaceful resolution of the Israeli-Arab conflict;
            (4) the remaining Arab League states should normalize 
        relations with their neighbor Israel;
            (5) the President and the Secretary of State should 
        continue to vigorously oppose the Arab League boycott of Israel 
        and find concrete steps to demonstrate that opposition by, for 
        example, taking into consideration the participation of any 
        recipient country in the boycott when determining to sell 
        weapons to said country; and
            (6) the President should report to Congress annually on 
        specific steps being taken by the United States to encourage 
        Arab League states to normalize their relations with Israel to 
        bring about the termination of the Arab League boycott of 
        Israel, including those to encourage allies and trading 
        partners of the United States to enact laws prohibiting 
        businesses from complying with the boycott and penalizing 
        businesses that do comply.

                       eligibility for assistance

    Sec. 536. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, and from funds appropriated under the heading ``Assistance 
for Eastern Europe and the Baltic States'': Provided, That before using 
the authority of this subsection to furnish assistance in support of 
programs of nongovernmental organizations, the President shall notify 
the Committees on Appropriations under the regular notification 
procedures of those committees, including a description of the program 
to be assisted, the assistance to be provided, and the reasons for 
furnishing such assistance: Provided further, That nothing in this 
subsection shall be construed to alter any existing statutory 
prohibitions against abortion or involuntary sterilizations contained 
in this or any other Act.
    (b) Public Law 480.--During fiscal year 2005, restrictions 
contained in this or any other Act with respect to assistance for a 
country shall not be construed to restrict assistance under the 
Agricultural Trade Development and Assistance Act of 1954: Provided, 
That none of the funds appropriated to carry out title I of such Act 
and made available pursuant to this subsection may be obligated or 
expended except as provided through the regular notification procedures 
of the Committees on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that support international terrorism; 
        or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to the government of a country that violates 
        internationally recognized human rights.

                         reservations of funds

    Sec. 537. (a) Funds appropriated by this Act which are earmarked 
may be reprogrammed for other programs within the same account 
notwithstanding the earmark if compliance with the earmark is made 
impossible by operation of any provision of this or any other Act: 
Provided, That any such reprogramming shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That assistance that is reprogrammed pursuant to this 
subsection shall be made available under the same terms and conditions 
as originally provided.
    (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by the United States Agency for International Development 
that are earmarked for particular programs or activities by this or any 
other Act shall be extended for an additional fiscal year if the 
Administrator of such agency determines and reports promptly to the 
Committees on Appropriations that the termination of assistance to a 
country or a significant change in circumstances makes it unlikely that 
such earmarked funds can be obligated during the original period of 
availability: Provided, That such earmarked funds that are continued 
available for an additional fiscal year shall be obligated only for the 
purpose of such earmark.

                         ceilings and earmarks

    Sec. 538. Ceilings and earmarks contained in this Act shall not be 
applicable to funds or authorities appropriated or otherwise made 
available by any subsequent Act unless such Act specifically so 
directs. Earmarks or minimum funding requirements contained in any 
other Act shall not be applicable to funds appropriated by this Act.

                 prohibition on publicity or propaganda

    Sec. 539. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before the date of the enactment of this Act by the 
Congress: Provided, That not to exceed $750,000 may be made available 
to carry out the provisions of section 316 of Public Law 96-533.

           prohibition of payments to united nations members

    Sec. 540. None of the funds appropriated or made available pursuant 
to this Act for carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrearages, or dues of 
any member of the United Nations or, from funds appropriated by this 
Act to carry out chapter 1 of part I of the Foreign Assistance Act of 
1961, the costs for participation of another country's delegation at 
international conferences held under the auspices of multilateral or 
international organizations.

              nongovernmental organizations--documentation

    Sec. 541. None of the funds appropriated or made available pursuant 
to this Act shall be available to a nongovernmental organization which 
fails to provide upon timely request any document, file, or record 
necessary to the auditing requirements of the United States Agency for 
International Development.

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

    Sec. 542. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 6(j) of the Export Administration Act. The 
prohibition under this section with respect to a foreign government 
shall terminate 12 months after that government ceases to provide such 
military equipment. This section applies with respect to lethal 
military equipment provided under a contract entered into after October 
1, 1997.
    (b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    (c) Whenever the waiver authority of subsection (b) is exercised, 
the President shall submit to the appropriate congressional committees 
a report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance to be 
provided, including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States national 
interests.

 withholding of assistance for parking fines owed by foreign countries

    Sec. 543. (a) Subject to subsection (c), of the funds appropriated 
by this Act that are made available for assistance for a foreign 
country, an amount equal to 110 percent of the total amount of the 
unpaid fully adjudicated parking fines and penalties owed by 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 
are fully paid.
    (b) Funds withheld from obligation pursuant to subsection (a) may 
be made available for other programs or activities funded by this Act, 
after consultation with and subject to the regulation notification 
procedures of the appropriate congressional committees, provided that 
no such funds shall be made available for assistance for the central 
government of a foreign country that has not paid the total amount of 
the fully adjudicated parking fines and penalties owed by such country.
    (c) Subsection (a) shall not include amounts that have been 
withheld under any other provision of law.
    (d) The Secretary of State may waive the requirements set forth in 
subsection (a) no sooner than 60 days from the date of enactment of 
this Act, or at any time with respect to a particular country, if the 
Secretary determines that it is in the national interests of the United 
States to do so.
    (e) Not later than 6 months after the initial exercise of the 
waiver authority in subsection (d), the Secretary of State, after 
consultations with the City of New York, shall submit a report to the 
Committees on Appropriations describing a strategy, including a 
timetable and steps currently being taken, to collect the parking fines 
and penalties owed by nations receiving foreign assistance under this 
Act.
    (f) In this section:
            (1) The term ``appropriate congressional committees'' means 
        the Committee on Appropriations of the Senate and the Committee 
        on Appropriations of the House of Representatives.
            (2) The term ``fully adjudicated'' includes circumstances 
        in which the person to whom the vehicle is registered--
                    (A)(i) has not responded to the parking violation 
                summons; or
                    (ii) has not followed the appropriate adjudication 
                procedure to challenge the summons; and
                    (B) the period of time for payment of or challenge 
                to the summons has lapsed.
            (3) The term ``parking fines and penalties'' means parking 
        fines and penalties--
                    (A) owed to--
                            (i) the District of Columbia; or
                            (ii) New York, New York; and
                    (B) incurred during the period April 1, 1997 
                through September 30, 2004.

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

    Sec. 544. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation Organization for 
the West Bank and Gaza unless the President has exercised the authority 
under section 604(a) of the Middle East Peace Facilitation Act of 1995 
(title VI of Public Law 104-107) or any other legislation to suspend or 
make inapplicable section 307 of the Foreign Assistance Act of 1961 and 
that suspension is still in effect: Provided, That if the President 
fails to make the certification under section 604(b)(2) of the Middle 
East Peace Facilitation Act of 1995 or to suspend the prohibition under 
other legislation, funds appropriated by this Act may not be obligated 
for assistance for the Palestine Liberation Organization for the West 
Bank and Gaza.

                     war crimes tribunals drawdown

    Sec. 545. If the President determines that doing so will contribute 
to a just resolution of charges regarding genocide or other violations 
of international humanitarian law, the President may direct a drawdown 
pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up 
to $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. 546. Notwithstanding any other provision of law, demining 
equipment available to the United States Agency for International 
Development and the Department of State and used in support of the 
clearance of landmines and unexploded ordnance for humanitarian 
purposes may be disposed of on a grant basis in foreign countries, 
subject to such terms and conditions as the President may prescribe.

           restrictions concerning the palestinian authority

    Sec. 547. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new office 
of any department or agency of the United States Government for the 
purpose of conducting official United States Government business with 
the Palestinian Authority over Gaza and Jericho or any successor 
Palestinian governing entity provided for in the Israel-PLO Declaration 
of Principles: Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate General in 
Jerusalem: Provided further, That meetings between officers and 
employees of the United States and officials of the Palestinian 
Authority, or any successor Palestinian governing entity provided for 
in the Israel-PLO Declaration of Principles, for the purpose of 
conducting official United States Government business with such 
authority should continue to take place in locations other than 
Jerusalem. As has been true in the past, officers and employees of the 
United States Government may continue to meet in Jerusalem on other 
subjects with Palestinians (including those who now occupy positions in 
the Palestinian Authority), have social contacts, and have incidental 
discussions.

               prohibition of payment of certain expenses

    Sec. 548. None of the funds appropriated or otherwise made 
available by this Act under the heading ``International Military 
Education and Training'' or ``Foreign Military Financing Program'' for 
Informational Program activities or under the headings ``Child Survival 
and Health Programs Fund'', ``Development Assistance'', and ``Economic 
Support Fund'' may be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are 
        substantially of a recreational character, including but not 
        limited to entrance fees at sporting events, theatrical and 
        musical productions, and amusement parks.

                                 haiti

    Sec. 549. (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) $25,000,000 from ``Economic Support Fund'', which shall 
        be made available for judicial reform programs; 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. 550. (a) Prohibition of Funds.--None of the funds appropriated 
by this Act to carry out the provisions of chapter 4 of part II of the 
Foreign Assistance Act of 1961 may be obligated or expended with 
respect to providing funds to the Palestinian Authority.
    (b) Waiver.--The prohibition included in subsection (a) shall not 
apply if the President certifies in writing to the Speaker of the House 
of Representatives and the President pro tempore of the Senate that 
waiving such prohibition is important to the national security 
interests of the United States.
    (c) Period of Application of Waiver.--Any waiver pursuant to 
subsection (b) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (d) Report.--Whenever the waiver authority pursuant to subsection 
(b) is exercised, the President shall submit a report to the Committees 
on Appropriations detailing the steps the Palestinian Authority has 
taken to arrest terrorists, confiscate weapons and dismantle the 
terrorist infrastructure. The report shall also include a description 
of how funds will be spent and the accounting procedures in place to 
ensure that they are properly disbursed.

              limitation on assistance to security forces

    Sec. 551. None of the funds made available by this Act may be 
provided to any unit of the security forces of a foreign country if the 
Secretary of State has credible evidence that such unit has committed 
gross violations of human rights, unless the Secretary determines and 
reports to the Committees on Appropriations that the government of such 
country is taking effective measures to bring the responsible members 
of the security forces unit to justice: Provided, That nothing in this 
section shall be construed to withhold funds made available by this Act 
from any unit of the security forces of a foreign country not credibly 
alleged to be involved in gross violations of human rights: Provided 
further, That in the event that funds are withheld from any unit 
pursuant to this section, the Secretary of State shall promptly inform 
the foreign government of the basis for such action and shall, to the 
maximum extent practicable, assist the foreign government in taking 
effective measures to bring the responsible members of the security 
forces to justice.

                    foreign military training report

    Sec. 552. The annual foreign military training report required by 
section 656 of the Foreign Assistance Act of 1961 shall be submitted by 
the Secretary of Defense and the Secretary of State to the Committees 
on Appropriations of the House of Representatives and the Senate by the 
date specified in that section.

                       authorization requirement

    Sec. 553. Funds appropriated by this Act, except funds appropriated 
under the headings ``Trade and Development Agency'', ``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. 554. (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. 555. (a) Limitation on Assistance.--None of the funds 
appropriated by this Act may be provided to support a Palestinian state 
unless the Secretary of State determines and certifies to the 
appropriate congressional committees that--
            (1) a new leadership of a Palestinian governing entity has 
        been democratically elected through credible and competitive 
        elections;
            (2) the elected governing entity of a new Palestinian 
        state--
                    (A) has demonstrated a firm commitment to peaceful 
                co-existence with the State of Israel;
                    (B) is taking appropriate measures to counter 
                terrorism and terrorist financing in the West Bank and 
                Gaza, including the dismantling of terrorist 
                infrastructures;
                    (C) is establishing a new Palestinian security 
                entity that is cooperative with appropriate Israeli and 
                other appropriate security organizations; and
            (3) the Palestinian Authority (or the governing body of a 
        new Palestinian state) is working with other countries in the 
        region to vigorously pursue efforts to establish a just, 
        lasting, and comprehensive peace in the Middle East that will 
        enable Israel and an independent Palestinian state to exist 
        within the context of full and normal relationships, which 
        should include--
                    (A) termination of all claims or states of 
                belligerency;
                    (B) respect for and acknowledgement of the 
                sovereignty, territorial integrity, and political 
                independence of every state in the area through 
                measures including the establishment of demilitarized 
                zones;
                    (C) their right to live in peace within secure and 
                recognized boundaries free from threats or acts of 
                force;
                    (D) freedom of navigation through international 
                waterways in the area; and
                    (E) a framework for achieving a just settlement of 
                the refugee problem.
    (b) Sense of Congress.--It is the sense of Congress that the newly 
elected governing entity should enact a constitution assuring the rule 
of law, an independent judiciary, and respect for human rights for its 
citizens, and should enact other laws and regulations assuring 
transparent and accountable governance.
    (c) Waiver.--The President may waive subsection (a) if he 
determines that it is 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 550 of this Act (``Limitation on Assistance to 
the Palestinian Authority'').

                                colombia

    Sec. 556. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated by this 
Act that are available for assistance for the Colombian Armed Forces, 
may be made available as follows:
            (1) Up to 75 percent of such funds may be obligated prior 
        to a determination and certification by the Secretary of State 
        pursuant to paragraph (2).
            (2) Up to 12.5 percent of such funds may be obligated only 
        after the Secretary of State certifies and reports to the 
        appropriate congressional committees that:
                    (A) The Commander General of the Colombian Armed 
                Forces is suspending from the Armed Forces those 
                members, of whatever rank who, according to the 
                Minister of Defense or the Procuraduria General de la 
                Nacion, have been credibly alleged to have committed 
                gross violations of human rights, including extra-
                judicial killings, or to have aided or abetted 
                paramilitary organizations.
                    (B) The Colombian Government is vigorously 
                investigating and prosecuting those members of the 
                Colombian Armed Forces, of whatever rank, who have been 
                credibly alleged to have committed gross violations of 
                human rights, including extra-judicial killings, or to 
                have aided or abetted paramilitary organizations, and 
                is promptly punishing those members of the Colombian 
                Armed Forces found to have committed such violations of 
                human rights or to have aided or abetted paramilitary 
                organizations.
                    (C) The Colombian Armed Forces have made 
                substantial progress in cooperating with civilian 
                prosecutors and judicial authorities in such cases 
                (including providing requested information, such as the 
                identity of persons suspended from the Armed Forces and 
                the nature and cause of the suspension, and access to 
                witnesses, relevant military documents, and other 
                requested information).
                    (D) The Colombian Armed Forces have made 
                substantial progress in severing links (including 
                denying access to military intelligence, vehicles, and 
                other equipment or supplies, and ceasing other forms of 
                active or tacit cooperation) at the command, battalion, 
                and brigade levels, with paramilitary organizations, 
                especially in regions where these organizations have a 
                significant presence.
                    (E) The Colombian 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 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. 557. (a) Denial of Visas to Supporters of Colombian Illegal 
Armed Groups.--Subject to subsection (b), the Secretary of State shall 
not issue a visa to any alien who the Secretary determines, based on 
credible evidence--
            (1) has willfully provided any support to the Revolutionary 
        Armed Forces of Colombia (FARC), the National Liberation Army 
        (ELN), or the United Self-Defense Forces of Colombia (AUC), 
        including taking actions or failing to take actions which 
        allow, facilitate, or otherwise foster the activities of such 
        groups; or
            (2) has committed, ordered, incited, assisted, or otherwise 
        participated in the commission of gross violations of human 
        rights, including extra-judicial killings, in Colombia.
    (b) Waiver.--Subsection (a) shall not apply if the Secretary of 
State determines and certifies to the appropriate congressional 
committees, on a case-by-case basis, that the issuance of a visa to the 
alien is necessary to support the peace process in Colombia or for 
urgent humanitarian reasons.

 prohibition on assistance to the palestinian broadcasting corporation

    Sec. 558. None of the funds appropriated or otherwise made 
available by this Act may be used to provide equipment, technical 
support, consulting services, or any other form of assistance to the 
Palestinian Broadcasting Corporation.

                       west bank and gaza program

    Sec. 559. (a) Oversight.--For fiscal year 2005, 30 days prior to 
the initial obligation of funds for the bilateral West Bank and Gaza 
Program, the Secretary of State shall certify to the appropriate 
committees of Congress that procedures have been established to assure 
the Comptroller General of the United States will have access to 
appropriate United States financial information in order to review the 
uses of United States assistance for the Program funded under the 
heading ``Economic Support Fund'' for the West Bank and Gaza.
    (b) Vetting.--Prior to the obligation of funds appropriated by this 
Act under the heading ``Economic Support Fund'' for assistance for the 
West Bank and Gaza, the Secretary of State shall take all appropriate 
steps to ensure that such assistance is not provided to or through any 
individual, private or government entity, or educational institution 
that the Secretary knows or has reason to believe advocates, plans, 
sponsors, engages in, or has engaged in, terrorist activity. The 
Secretary of State shall, as appropriate, establish procedures 
specifying the steps to be taken in carrying out this subsection and 
shall terminate assistance to any individual, entity, or educational 
institution 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. 560. (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.

                             war criminals

    Sec. 561. (a)(1) None of the funds appropriated or otherwise made 
available pursuant to this Act may be made available for assistance, 
and the Secretary of the Treasury shall instruct the United States 
executive directors to the international financial institutions to vote 
against any new project involving the extension by such institutions of 
any financial or technical assistance, to any country, entity, or 
municipality whose competent authorities have failed, as determined by 
the Secretary of State, to take necessary and significant steps to 
implement its international legal obligations to apprehend and transfer 
to the International Criminal Tribunal for the former Yugoslavia (the 
``Tribunal'') all persons in their territory who have been indicted by 
the Tribunal and to otherwise cooperate with the Tribunal.
    (2) The provisions of this subsection shall not apply to 
humanitarian assistance or assistance for democratization.
    (b) The provisions of subsection (a) shall apply unless the 
Secretary of State determines and reports to the appropriate 
congressional committees that the competent authorities of such 
country, entity, or municipality are--
            (1) cooperating with the Tribunal, including access for 
        investigators to archives and witnesses, the provision of 
        documents, and the surrender and transfer of indictees or 
        assistance in their apprehension; and
            (2) are acting consistently with the Dayton Accords.
    (c) Not less than 10 days before any vote in an international 
financial institution regarding the extension of any new project 
involving financial or technical assistance or grants to any country or 
entity described in subsection (a), the Secretary of the Treasury, in 
consultation with the Secretary of State, shall provide to the 
Committees on Appropriations a written justification for the proposed 
assistance, including an explanation of the United States position 
regarding any such vote, as well as a description of the location of 
the proposed assistance by municipality, its purpose, and its intended 
beneficiaries.
    (d) In carrying out this section, the Secretary of State, the 
Administrator of the United States Agency for International 
Development, and the Secretary of the Treasury shall consult with 
representatives of human rights organizations and all government 
agencies with relevant information to help prevent indicted war 
criminals from benefiting from any financial or technical assistance or 
grants provided to any country or entity described in subsection (a).
    (e) The Secretary of State may waive the application of subsection 
(a) with respect to projects within a country, entity, or municipality 
upon a written determination to the Committees on Appropriations that 
such assistance directly supports the implementation of the Dayton 
Accords.
    (f) Definitions.--As used in this section--
            (1) Country.--The term ``country'' means Bosnia and 
        Herzegovina, Croatia and Serbia.
            (2) Entity.--The term ``entity'' refers to the Federation 
        of Bosnia and Herzegovina, Kosovo, Montenegro and the Republika 
        Srpska.
            (3) Municipality.--The term ``municipality'' means a city, 
        town or other subdivision within a country or entity as defined 
        herein.
            (4) Dayton accords.--The term ``Dayton Accords'' means the 
        General Framework Agreement for Peace in Bosnia and 
        Herzegovina, together with annexes relating thereto, done at 
        Dayton, November 10 through 16, 1995.

                               user fees

    Sec. 562. The Secretary of the Treasury shall instruct the United 
States Executive Director at each international financial institution 
(as defined in section 1701(c)(2) of the International Financial 
Institutions Act) and the International Monetary Fund to oppose any 
loan, grant, strategy or policy of these institutions that would 
require user fees or service charges on poor people for primary 
education or primary healthcare, including prevention and treatment 
efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and 
maternal well-being, in connection with the institutions' financing 
programs.

                           funding for serbia

    Sec. 563. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Serbia after May 31, 2005, 
if the President has made the determination and certification contained 
in subsection (c).
    (b) After May 31, 2005, the Secretary of the Treasury should 
instruct the United States executive directors to the international 
financial institutions to support loans and assistance to the 
Government of Serbia and Montenegro subject to the conditions in 
subsection (c): Provided, That section 576 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1997, as 
amended, shall not apply to the provision of loans and assistance to 
the Government of Serbia and Montenegro through international financial 
institutions.
    (c) The determination and certification referred to in subsection 
(a) is a determination by the President and a certification to the 
Committees on Appropriations that the Government of Serbia and 
Montenegro is--
            (1) cooperating with the International Criminal Tribunal 
        for the former Yugoslavia including access for investigators, 
        the provision of documents, and the surrender and transfer of 
        indictees or assistance in their apprehension, including making 
        all practicable efforts to apprehend and transfer Ratko Mladic;
            (2) taking steps that are consistent with the Dayton 
        Accords to end Serbian financial, political, security and other 
        support which has served to maintain separate Republika Srpska 
        institutions; and
            (3) taking steps to implement policies which reflect a 
        respect for minority rights and the rule of law.
    (d) This section shall not apply to Montenegro, Kosovo, 
humanitarian assistance or assistance to promote democracy.

                   community-based police assistance

    Sec. 564. (a) Authority.--Funds made available by this Act to carry 
out the provisions of chapter 1 of part I and chapter 4 of part II of 
the Foreign Assistance Act of 1961, may be used, notwithstanding 
section 660 of that Act, to enhance the effectiveness and 
accountability of civilian police authority through training and 
technical assistance in human rights, the rule of law, strategic 
planning, and through assistance to foster civilian police roles that 
support democratic governance including assistance for programs to 
prevent conflict and foster improved police relations with the 
communities they serve.
    (b) Notification.--Assistance provided under subsection (a) shall 
be subject to the regular notification procedures of the Committees on 
Appropriations.

                  special debt relief for the poorest

    Sec. 565. (a) Authority To Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961;
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act; or
            (3) any obligation or portion of such obligation, to pay 
        for purchases of United States agricultural commodities 
        guaranteed by the Commodity Credit Corporation under export 
        credit guarantee programs authorized pursuant to section 5(f) 
        of the Commodity Credit Corporation Charter Act of June 29, 
        1948, as amended, section 4(b) of the Food for Peace Act of 
        1966, as amended (Public Law 89-808), or section 202 of the 
        Agricultural Trade Act of 1978, as amended (Public Law 95-501).
    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief 
        and referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is provided 
        in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy debt 
        burdens that are eligible to borrow from the International 
        Development Association, but not from the International Bank 
        for Reconstruction and Development, commonly referred to as 
        ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international narcotics 
        control matters;
            (4) (including its military or other security forces) does 
        not engage in a consistent pattern of gross violations of 
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to the funds appropriated by this Act 
under the heading ``Debt Restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance for the 
purposes of any provision of law limiting assistance to a country. The 
authority provided by subsection (a) may be exercised notwithstanding 
section 620(r) of the Foreign Assistance Act of 1961 or section 321 of 
the International Development and Food Assistance Act of 1975.

             authority to engage in debt buybacks or sales

    Sec. 566. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as defined in section 702(6) 
        of that Act or on receipt of payment from an eligible 
        purchaser, reduce or cancel such loan or portion thereof, only 
        for the purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its 
                own qualified debt, only if the eligible country uses 
                an additional amount of the local currency of the 
                eligible country, equal to not less than 40 percent of 
                the price paid for such debt by such eligible country, 
                or the difference between the price paid for such debt 
                and the face value of such debt, to support activities 
                that link conservation and sustainable use of natural 
                resources with local community development, and child 
                survival and other child development, in a manner 
                consistent with sections 707 through 710 of the Foreign 
                Assistance Act of 1961, if the sale, reduction, or 
                cancellation would not contravene any term or condition 
                of any prior agreement relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance with this 
        section, establish the terms and conditions under which loans 
        may be sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 
        702(8) of the Foreign Assistance Act of 1961, shall notify the 
        administrator of the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers that the President has determined to be eligible, 
        and shall direct such agency to carry out the sale, reduction, 
        or cancellation of a loan pursuant to this section. Such agency 
        shall make adjustment in its accounts to reflect the sale, 
        reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall 
        be available only to the extent that appropriations for the 
        cost of the modification, as defined in section 502 of the 
        Congressional Budget Act of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President should consult 
with the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act 
under the heading ``Debt Restructuring''.

                            basic education

    Sec. 567. Of the funds appropriated by title II of this Act, not 
less than $335,000,000 should be made available for basic education.

                        reconciliation programs

    Sec. 568. 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. 569. (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. 570. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Uzbekistan only if the 
Secretary of State determines and reports to the Committees on 
Appropriations that the Government of Uzbekistan is making substantial 
and continuing progress in meeting its commitments under the 
``Declaration on the Strategic Partnership and Cooperation Framework 
Between the Republic of Uzbekistan and the United States of America'', 
including respect for human rights, establishing a genuine multi-party 
system, and ensuring free and fair elections, freedom of expression, 
and the independence of the media.
    (b) Funds appropriated by this Act may be made available for 
assistance for the Government of Kazakhstan only if the Secretary of 
State determines and reports to the Committees on Appropriations that 
the Government of Kazakhstan has made significant improvements in the 
protection of human rights during the preceding 6 month period.
    (c) The Secretary of State may waive subsection (b) if he 
determines and reports to the Committees on Appropriations that such a 
waiver is in the national security interest of the United States.
    (d) Not later than October 1, 2005, the Secretary of State shall 
submit a report to the Committees on Appropriations and the Committee 
on Foreign Relations of the Senate and the Committee on International 
Relations of the House of Representatives describing the following:
            (1) The defense articles, defense services, and financial 
        assistance provided by the United States to the countries of 
        Central Asia during the 6-month period ending 30 days prior to 
        submission of such report.
            (2) The use during such period of defense articles, defense 
        services, and financial assistance provided by the United 
        States by units of the armed forces, border guards, or other 
        security forces of such countries.
    (e) For purposes of this section, the term ``countries of Central 
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and 
Turkmenistan.

 excess defense articles for central and south european countries and 
                        certain other countries

    Sec. 571. Notwithstanding section 516(e) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2005, funds 
available to the Department of Defense may be expended for crating, 
packing, handling, and transportation of excess defense articles 
transferred under the authority of section 516 of such Act to Albania, 
Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of Macedonia, 
Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, 
Mongolia, Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, 
Ukraine, and Uzbekistan.

                           disability rights

    Sec. 572. (a) Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', and in addition to funds made 
available pursuant to section 526(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. 573. 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. 574. (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. 575. (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. 576. 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. 577. 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. 578. 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. 579. (a) Of the funds appropriated under the headings 
``Development Assistance'' and ``Child Survival and Health Programs 
Fund'', not less than $36,000,000 shall be made available for 
assistance for Nicaragua and not less than $23,000,000 shall be made 
available for assistance for Guatemala.
    (b) Not to exceed $2,000,000 in prior year ``Military Assistance 
Program'' funds that are available for Guatemala may be made available 
for non-lethal defense items for Guatemala if the Secretary of State 
certifies to the Committees on Appropriations and the Committee on 
Foreign Relations of the Senate and the Committee on International 
Relations of the House that--
            (1) the role of the Guatemalan military has been limited, 
        both in doctrine and in practice, to only those activities in 
        defense of Guatemala's sovereignty and territorial integrity 
        that are permitted by the 1996 Peace Accords, and the 
        Government of Guatemala is taking steps to amend Article 244 of 
        the Constitution to reflect such changes;
            (2) the Guatemalan military is cooperating with civilian 
        judicial authorities, including providing unimpeded access to 
        witnesses, documents and classified intelligence files, in 
        investigations and prosecutions of military personnel who have 
        been implicated in human rights violations and other criminal 
        activity;
            (3) the Government of Guatemala is actively working with 
        the United Nations to resolve legal impediments to the 
        establishment of the Commission for the Investigation of 
        Illegal Groups and Clandestine Security Organizations 
        (CICIACS), so that CICIACS can effectively accomplish its 
        mission of investigating and bringing to justice illegal groups 
        and members of clandestine security organizations;
            (4) the Government of Guatemala is continuing its efforts 
        to make its military budget process transparent and accessible 
        to civilian authorities and to the public of present and past 
        expenditures;
            (5) the Government of Guatemala has committed to facilitate 
        the prompt establishment of an office in Guatemala of the 
        United Nations High Commissioner for Human Rights; and
            (6) the Government of Guatemala is taking steps to increase 
        its efforts to combat narcotics trafficking and organized 
        crime.

                          war crimes in africa

    Sec. 580. (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. 581. (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. 582. (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. 583. 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. 584. 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. 585. 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. 586. (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. 587. (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. 588. Section 527 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (22 U.S.C. 2370(a)) is amended by adding at 
the end the following new subsection:
    ``(i) Certain Claims For Expropriation by the Government of 
Nicaragua.--
            ``(1) Any action of the types set forth in subparagraphs 
        (A), (B), and (C) of subsection (a)(1) that was taken by the 
        Government of Nicaragua during the period beginning on January 
        1, 1956, and ending on January 9, 2002, shall not be considered 
        in implementing the prohibition under subsection (a) unless the 
        action has been presented in accordance with the procedure set 
        forth in paragraph (2).
            ``(2) An action shall be deemed presented for purposes of 
        paragraph (1) if it is--
                    ``(A) in writing; and
                    ``(B) received by the United States Department of 
                State on or before 120 days after the date specified in 
                paragraph (3) at--
                            ``(i) the headquarters of the United States 
                        Department of State in Washington, D.C.; or,
                            ``(ii) the Embassy of the United States of 
                        America to Nicaragua.
            ``(3) The date to which paragraph (2) refers is a date 
        after enactment of this subsection that is specified by the 
        Secretary of State, in the Secretary's discretion, in a notice 
        published in the Federal Register.''.

    overseas private investment corporation and export-import bank 
                              restrictions

    Sec. 589. (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. 590. (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 575 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 575(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 554 of 
this Act: Provided, That such funds shall only be made available 
subject to the regular notification procedures of the Committees on 
Appropriations.

           cooperation with cuba on counter-narcotics matters

    Sec. 591. (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. 592. (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. 593. 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. 594. 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. 595. (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. 596. 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. 597. 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. 598. (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. 599. (a) Section 1307 of the International Financial 
Institutions Act (22 U.S.C. 262m-7) is amended--
    (1) by striking subsection (a) and inserting the following:
    ``(a) Assessment Required Before Favorable Vote on Proposal.--The 
Secretary of the Treasury shall instruct the United States Executive 
Director of each multilateral development bank not to vote in favor of 
any proposal (including but not limited to any kind of proposed loan, 
credit, grant, guarantee, or policy) which would result or be likely to 
result in a significant impact on the environment, unless the 
Secretary, after consultation with the Secretary of State and the 
Administrators of the United States Agency for International 
Development and the Environmental Protection Agency, determines that 
for at least 120 days before the date of the vote--
            ``(1) an assessment analyzing the environmental impacts of 
        the proposal, including associated and cumulative impacts, and 
        of alternatives to the proposal, has been completed by the 
        borrower or the bank, and has been made available to the board 
        of directors of the bank;
            ``(2) the assessment (or a comprehensive summary of the 
        assessment) and copies of any related draft loan, credit, 
        grant, guarantee, or policy (with proprietary information 
        redacted) have been made available to the bank, affected 
        groups, and local nongovernmental organizations; and
            ``(3) environment and development agencies of the member 
        countries of the bank are notified that the assessment (or a 
        comprehensive summary of the assessment) and any related draft 
        loan, credit, grant, guarantee, or policy are available on the 
        bank's website.''; and
    (2) by striking subsection (g) and inserting the following:
    ``(g) Multilateral Development Bank Defined.--In this title, the 
term `multilateral development bank' means the International Bank for 
Reconstruction and Development, the European Bank for Reconstruction 
and Development, the International Development Association, the 
International Finance Corporation, the Multilateral Investment 
Guarantee Agency, the African Development Bank, the African Development 
Fund, the Asian Development Bank, the North American Development Bank, 
the Inter-American Development Bank, the Inter-American Investment 
Corporation, any other institution (other than the International 
Monetary Fund) specified in section 1701(c)(2), and any subsidiary of 
any such institution, and in section 1504, the term `multilateral 
development institution' includes the North American Development Bank 
and any such subsidiary.''
    (b) Section 1303(b) of the International Financial Institutions Act 
(22 U.S.C. 262m-7) is amended by striking ``International Bank for 
Reconstruction and Development, the Inter-American Development Bank, 
the Asian Development Bank, and the African Development Bank'' and 
inserting in lieu thereof ``multilateral development banks''.
    (c) Not more than 180 days after the date of enactment of this Act, 
the Secretary of the Treasury shall issue temporary regulations to 
implement title XIII of the International Financial Institutions Act, 
as amended, and, after public notice and comment, final regulations not 
more than one year thereafter.

                          vietnamese refugees

    Sec. 599A. (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. 599B. (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. 599C. 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. 599D. (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. 599E. 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.
    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2005''.

                                                       Calendar No. 700

108th CONGRESS

  2d session

                                S. 2812

                          [Report No. 108-346]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 16, 2004

                 Read twice and placed on the calendar
```