IB 

Union Calendar No. 359

108TH CONGRESS 

2D SESSION H. R. 4818

[Report No. 108–599] 

Making appropriations for foreign operations, export financing, and related 

programs for the fiscal year ending September 30, 2005, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 13, 2004

Mr. KOLBE, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL

Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending 

September 30, 2005, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2005, and for other pur6 poses, namely:
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1 TITLE I—EXPORT AND INVESTMENT 

2 ASSISTANCE 

3 EXPORT-IMPORT BANK OF THE UNITED STATES

4 The Export-Import Bank of the United States is au5 thorized to make such expenditures within the limits of 

6 funds and borrowing authority available to such corpora7 tion, and in accordance with law, and to make such con8 tracts and commitments without regard to fiscal year limi9 tations, as provided by section 104 of the Government 

10 Corporation Control Act, as may be necessary in carrying 

11 out the program for the current fiscal year for such cor12 poration: Provided, That none of the funds available dur13 ing the current fiscal year may be used to make expendi14 tures, contracts, or commitments for the export of nuclear 

15 equipment, fuel, or technology to any country, other than 

16 a nuclear-weapon state as defined in Article IX of the 

17 Treaty on the Non-Proliferation of Nuclear Weapons eligi18 ble to receive economic or military assistance under this 

19 Act, that has detonated a nuclear explosive after the date 

20 of the enactment of this Act: Provided further, That not21 withstanding section 1(c) of Public Law 103–428, as 

22 amended, sections 1(a) and (b) of Public Law 103–428 

23 shall remain in effect through October 1, 2005. 

24 SUBSIDY APPROPRIATION

25 For the cost of direct loans, loan guarantees, insur26 ance, and tied-aid grants as authorized by section 10 of 
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1 the Export-Import Bank Act of 1945, as amended, 

2 $125,700,000, to remain available until September 30, 

3 2008: Provided, That such costs, including the cost of 

4 modifying such loans, shall be as defined in section 502 

5 of the Congressional Budget Act of 1974: Provided fur6 ther, That such sums shall remain available until Sep7 tember 30, 2023, for the disbursement of direct loans, 

8 loan guarantees, insurance and tied-aid grants obligated 

9 in fiscal years 2005, 2006, 2007, and 2008: Provided fur10 ther, That none of the funds appropriated by this Act or 

11 any prior Act appropriating funds for foreign operations, 

12 export financing, and related programs for tied-aid credits 

13 or grants may be used for any other purpose except 

14 through the regular notification procedures of the Com15 mittees on Appropriations: Provided further, That funds 

16 appropriated by this paragraph are made available not17 withstanding section 2(b)(2) of the Export-Import Bank 

18 Act of 1945, in connection with the purchase or lease of 

19 any product by any East European country, any Baltic 

20 State or any agency or national thereof. 

21 ADMINISTRATIVE EXPENSES

22 For administrative expenses to carry out the direct 

23 and guaranteed loan and insurance programs, including 

24 hire of passenger motor vehicles and services as authorized 

25 by 5 U.S.C. 3109, and not to exceed $30,000 for official 

26 reception and representation expenses for members of the 
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1 Board of Directors, $73,200,000: Provided, That the Ex2 port-Import Bank may accept, and use, payment or serv3 ices provided by transaction participants for legal, finan4 cial, or technical services in connection with any trans5 action for which an application for a loan, guarantee or 

6 insurance commitment has been made: Provided further,

7 That, notwithstanding subsection (b) of section 117 of the 

8 Export Enhancement Act of 1992, subsection (a) thereof 

9 shall remain in effect until October 1, 2005. 

10 OVERSEAS PRIVATE INVESTMENT CORPORATION

11 NONCREDIT ACCOUNT

12 The Overseas Private Investment Corporation is au13 thorized to make, without regard to fiscal year limitations, 

14 as provided by 31 U.S.C. 9104, such expenditures and 

15 commitments within the limits of funds available to it and 

16 in accordance with law as may be necessary: Provided,

17 That the amount available for administrative expenses to 

18 carry out the credit and insurance programs (including an 

19 amount for official reception and representation expenses 

20 which shall not exceed $35,000) shall not exceed 

21 $42,885,000: Provided further, That project-specific trans22 action costs, including direct and indirect costs incurred 

23 in claims settlements, and other direct costs associated 

24 with services provided to specific investors or potential in25 vestors pursuant to section 234 of the Foreign Assistance 
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1 Act of 1961, shall not be considered administrative ex2 penses for the purposes of this heading. 

3 PROGRAM ACCOUNT

4 For the cost of direct and guaranteed loans, 

5 $24,000,000, as authorized by section 234 of the Foreign 

6 Assistance Act of 1961, to be derived by transfer from 

7 the Overseas Private Investment Corporation Non-Credit 

8 Account: Provided, That such costs, including the cost of 

9 modifying such loans, shall be as defined in section 502 

10 of the Congressional Budget Act of 1974: Provided fur11 ther, That such sums shall be available for direct loan obli12 gations and loan guaranty commitments incurred or made 

13 during fiscal years 2005 and 2006: Provided further, That 

14 such sums shall remain available through fiscal year 2013 

15 for the disbursement of direct and guaranteed loans obli16 gated in fiscal year 2005, and through fiscal year 2014 

17 for the disbursement of direct and guaranteed loans obli18 gated in fiscal year 2006. 

19 In addition, such sums as may be necessary for ad20 ministrative expenses to carry out the credit program may 

21 be derived from amounts available for administrative ex22 penses to carry out the credit and insurance programs in 

23 the Overseas Private Investment Corporation Noncredit 

24 Account and merged with said account. 
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1 FUNDS APPROPRIATED TO THE PRESIDENT

2 TRADE AND DEVELOPMENT AGENCY

3 For necessary expenses to carry out the provisions 

4 of section 661 of the Foreign Assistance Act of 1961, 

5 $51,500,000, to remain available until September 30, 

6 2006.

7 TITLE II—BILATERAL ECONOMIC ASSISTANCE 

8 FUNDS APPROPRIATED TO THE PRESIDENT

9 For expenses necessary to enable the President to 

10 carry out the provisions of the Foreign Assistance Act of 

11 1961, and for other purposes, to remain available until 

12 September 30, 2005, unless otherwise specified herein, as 

13 follows: 

14 UNITED STATES AGENCY FOR INTERNATIONAL

15 DEVELOPMENT

16 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses to carry out the provisions 

19 of chapters 1 and 10 of part I of the Foreign Assistance 

20 Act of 1961, for child survival, health, and family plan21 ning/reproductive health activities, in addition to funds 

22 otherwise available for such purposes, $1,648,500,000, to 

23 remain available until September 30, 2006: Provided,

24 That this amount shall be made available for such activi25 ties as: (1) immunization programs; (2) oral rehydration 

26 programs; (3) health, nutrition, water and sanitation pro-
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1 grams which directly address the needs of mothers and 

2 children, and related education programs; (4) assistance 

3 for children displaced or orphaned by causes other than 

4 AIDS; (5) programs for the prevention, treatment, control 

5 of, and research on HIV/AIDS, tuberculosis, polio, ma6 laria, and other infectious diseases, and for assistance to 

7 communities severely affected by HIV/AIDS, including 

8 children displaced or orphaned by AIDS; and (6) family 

9 planning/reproductive health: Provided further, That none 

10 of the funds appropriated under this heading may be made 

11 available for nonproject assistance, except that funds may 

12 be made available for such assistance for ongoing health 

13 activities: Provided further, That of the funds appropriated 

14 under this heading, not to exceed $250,000, in addition 

15 to funds otherwise available for such purposes, may be 

16 used to monitor and provide oversight of child survival, 

17 maternal and family planning/reproductive health, and in18 fectious disease programs: Provided further, That the fol19 lowing amounts should be allocated as follows: 

20 $330,000,000 for child survival and maternal health; 

21 $28,000,000 for vulnerable children; $330,000,000 for 

22 HIV/AIDS; $185,000,000 for other infectious diseases; 

23 and $375,500,000 for family planning/reproductive health: 

24 Provided further, That of the funds appropriated under 

25 this heading, and in addition to funds allocated under the 
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1 previous proviso, not less than $400,000,000 shall be 

2 made available, notwithstanding any other provision of 

3 law, except for the United States Leadership Against 

4 HIV/AIDS, Tuberculosis and Malaria Act of 2003 (117 

5 Stat. 711; 22 U.S.C. 1701 et seq.), for a United States 

6 contribution to the Global Fund to Fight AIDS, Tuber7 culosis and Malaria (the ‘‘Global Fund’’), and shall be ex8 pended at the minimum rate necessary to make timely 

9 payment for projects and activities: Provided further, That 

10 up to 5 percent of the funds made available under the 

11 previous proviso may be made available to the United 

12 States Agency for International Development for technical 

13 assistance related to the activities of the Global Fund: 

14 Provided further, That of the funds appropriated under 

15 this heading, $65,000,000 may be made available for a 

16 United States contribution to The Vaccine Fund, and up 

17 to $6,000,000 may be transferred to and merged with 

18 funds appropriated by this Act under the heading ‘‘Oper19 ating Expenses of the United States Agency for Inter20 national Development’’ for costs directly related to inter21 national health, but funds made available for such costs 

22 may not be derived from amounts made available for con23 tributions under this and preceding provisos: Provided fur24 ther, That none of the funds made available in this Act 

25 nor any unobligated balances from prior appropriations 
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1 may be made available to any organization or program 

2 which, as determined by the President of the United 

3 States, supports or participates in the management of a 

4 program of coercive abortion or involuntary sterilization: 

5 Provided further, That none of the funds made available 

6 under this Act may be used to pay for the performance 

7 of abortion as a method of family planning or to motivate 

8 or coerce any person to practice abortions: Provided fur9 ther, That none of the funds made available under this 

10 Act may be used to lobby for or against abortion: Provided 

11 further, That in order to reduce reliance on abortion in 

12 developing nations, funds shall be available only to vol13 untary family planning projects which offer, either directly 

14 or through referral to, or information about access to, a 

15 broad range of family planning methods and services, and 

16 that any such voluntary family planning project shall meet 

17 the following requirements: (1) service providers or refer18 ral agents in the project shall not implement or be subject 

19 to quotas, or other numerical targets, of total number of 

20 births, number of family planning acceptors, or acceptors 

21 of a particular method of family planning (this provision 

22 shall not be construed to include the use of quantitative 

23 estimates or indicators for budgeting and planning pur24 poses); (2) the project shall not include payment of incen25 tives, bribes, gratuities, or financial reward to: (A) an indi-
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1 vidual in exchange for becoming a family planning accep2 tor; or (B) program personnel for achieving a numerical 

3 target or quota of total number of births, number of fam4 ily planning acceptors, or acceptors of a particular method 

5 of family planning; (3) the project shall not deny any right 

6 or benefit, including the right of access to participate in 

7 any program of general welfare or the right of access to 

8 health care, as a consequence of any individual’s decision 

9 not to accept family planning services; (4) the project shall 

10 provide family planning acceptors comprehensible infor11 mation on the health benefits and risks of the method cho12 sen, including those conditions that might render the use 

13 of the method inadvisable and those adverse side effects 

14 known to be consequent to the use of the method; and 

15 (5) the project shall ensure that experimental contracep16 tive drugs and devices and medical procedures are pro17 vided only in the context of a scientific study in which 

18 participants are advised of potential risks and benefits; 

19 and, not less than 60 days after the date on which the 

20 Administrator of the United States Agency for Inter21 national Development determines that there has been a 

22 violation of the requirements contained in paragraph (1), 

23 (2), (3), or (5) of this proviso, or a pattern or practice 

24 of violations of the requirements contained in paragraph 

25 (4) of this proviso, the Administrator shall submit to the 
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1 Committees on Appropriations a report containing a de2 scription of such violation and the corrective action taken 

3 by the Agency: Provided further, That in awarding grants 

4 for natural family planning under section 104 of the For5 eign Assistance Act of 1961 no applicant shall be discrimi6 nated against because of such applicant’s religious or con7 scientious commitment to offer only natural family plan8 ning; and, additionally, all such applicants shall comply 

9 with the requirements of the previous proviso: Provided 

10 further, That for purposes of this or any other Act author11 izing or appropriating funds for foreign operations, export 

12 financing, and related programs, the term ‘‘motivate’’, as 

13 it relates to family planning assistance, shall not be con14 strued to prohibit the provision, consistent with local law, 

15 of information or counseling about all pregnancy options: 

16 Provided further, That nothing in this paragraph shall be 

17 construed to alter any existing statutory prohibitions 

18 against abortion under section 104 of the Foreign Assist19 ance Act of 1961: Provided further, That to the maximum 

20 extent feasible, taking into consideration cost, timely avail21 ability, and best health practices, funds appropriated in 

22 this Act that are made available for condom procurement 

23 shall be made available only for the procurement of 

24 condoms manufactured in the United States: Provided fur25 ther, That information provided about the use of condoms 
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1 as part of projects or activities that are funded from 

2 amounts appropriated by this Act shall be medically accu3 rate and shall include the public health benefits and fail4 ure rates of such use.

5 DEVELOPMENT ASSISTANCE

6 For necessary expenses of the United States Agency 

7 for International Development to carry out the provisions 

8 of sections 103, 105, 106, and 131, and chapter 10 of 

9 part I of the Foreign Assistance Act of 1961, 

10 $1,429,000,000, to remain available until September 30, 

11 2006: Provided, That $194,000,000 should be allocated 

12 for trade capacity building: Provided further, That 

13 $300,000,000 should be allocated for basic education: Pro14 vided further, That of the funds appropriated under this 

15 heading and managed by the United States Agency for 

16 International Development Bureau of Democracy, Con17 flict, and Humanitarian Assistance, not less than 

18 $15,000,000 shall be made available only for programs to 

19 improve women’s leadership capacity in recipient coun20 tries: Provided further, That such funds may not be made 

21 available for construction: Provided further, That of the 

22 funds appropriated under this heading that are made 

23 available for assistance programs for displaced and or24 phaned children and victims of war, not to exceed 

25 $32,500, in addition to funds otherwise available for such 
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1 purposes, may be used to monitor and provide oversight 

2 of such programs. 

3 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

4 For necessary expenses of the United States Agency 

5 for International Development to carry out the provisions 

6 of section 491 of the Foreign Assistance Act of 1961 for 

7 international disaster relief, rehabilitation, and recon8 struction assistance, $335,500,000, to remain available 

9 until expended. 

10 In addition, for necessary expenses for assistance for 

11 famine prevention and relief, including for mitigation of 

12 the effects of famine, $20,000,000, to remain available 

13 until expended: Provided, That such funds shall be made 

14 available utilizing the general authorities of section 491 

15 of the Foreign Assistance Act of 1961, and shall be in 

16 addition to amounts otherwise available for such purposes: 

17 Provided further, That funds appropriated by this para18 graph shall be available for obligation subject to prior con19 sultation with the Committees on Appropriations. 

20 TRANSITION INITIATIVES

21 For necessary expenses for international disaster re22 habilitation and reconstruction assistance pursuant to sec23 tion 491 of the Foreign Assistance Act of 1961, 

24 $47,500,000, to remain available until expended, to sup25 port transition to democracy and to long-term develop26 ment of countries in crisis: Provided, That such support 
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1 may include assistance to develop, strengthen, or preserve 

2 democratic institutions and processes, revitalize basic in3 frastructure, and foster the peaceful resolution of conflict: 

4 Provided further, That the United States Agency for Inter5 national Development shall submit a report to the Com6 mittees on Appropriations at least 5 days prior to begin7 ning a new program of assistance: Provided further, That 

8 if the President determines that it is important to the na9 tional interests of the United States to provide transition 

10 assistance in excess of the amount appropriated under this 

11 heading, up to $15,000,000 of the funds appropriated by 

12 this Act to carry out the provisions of part I of the For13 eign Assistance Act of 1961 may be used for purposes of 

14 this heading and under the authorities applicable to funds 

15 appropriated under this heading: Provided further, That 

16 funds made available pursuant to the previous proviso 

17 shall be made available subject to prior consultation with 

18 the Committees on Appropriations. 

19 DEVELOPMENT CREDIT AUTHORITY

20 (INCLUDING TRANSFER OF FUNDS)

21 For the cost of direct loans and loan guarantees pro22 vided by the United States Agency for International De23 velopment, as authorized by sections 108 and 635 of the 

24 Foreign Assistance Act of 1961, funds may be derived by 

25 transfer from funds appropriated by this Act to carry out 

26 part I of such Act and under the heading ‘‘Assistance for 
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1 Eastern Europe and the Baltic States’’: Provided, That 

2 such funds shall not exceed $21,000,000, which shall be 

3 made available only for micro and small enterprise pro4 grams, urban programs, and other programs which fur5 ther the purposes of part I of the Act: Provided further, 

6 That such costs, including the cost of modifying such di7 rect and guaranteed loans, shall be as defined in section 

8 502 of the Congressional Budget Act of 1974, as amend9 ed: Provided further, That funds made available by this 

10 paragraph may be used for the cost of modifying any such 

11 guaranteed loans under this Act or prior Acts, and funds 

12 used for such costs shall be subject to the regular notifica13 tion procedures of the Committees on Appropriations: Pro14 vided further, That the provisions of section 107A(d) (re15 lating to general provisions applicable to the Development 

16 Credit Authority) of the Foreign Assistance Act of 1961, 

17 as contained in section 306 of H.R. 1486 as reported by 

18 the House Committee on International Relations on May 

19 9, 1997, shall be applicable to direct loans and loan guar20 antees provided under this heading. 

21 In addition, for administrative expenses to carry out 

22 credit programs administered by the United States Agency 

23 for International Development, $8,000,000, which may be 

24 transferred to and merged with the appropriation for Op25 erating Expenses of the United States Agency for Inter-
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1 national Development: Provided, That funds made avail2 able under this heading shall remain available until Sep3 tember 30, 2007. 

4 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

5 DISABILITY FUND

6 For payment to the ‘‘Foreign Service Retirement and 

7 Disability Fund’’, as authorized by the Foreign Service 

8 Act of 1980, $42,500,000.

9 OPERATING EXPENSES OF THE UNITED STATES AGENCY

10 FOR INTERNATIONAL DEVELOPMENT

11 For necessary expenses to carry out the provisions 

12 of section 667 of the Foreign Assistance Act of 1961, 

13 $618,000,000, of which up to $25,000,000 may remain 

14 available until September 30, 2006: Provided, That none 

15 of the funds appropriated under this heading and under 

16 the heading ‘‘Capital Investment Fund’’ may be made 

17 available to finance the construction (including architect 

18 and engineering services), purchase, or long term lease of 

19 offices for use by the United States Agency for Inter20 national Development, unless the Administrator has iden21 tified such proposed construction (including architect and 

22 engineering services), purchase, or long term lease of of23 fices in a report submitted to the Committees on Appro24 priations at least 15 days prior to the obligation of these 

25 funds for such purposes: Provided further, That the pre26 vious proviso shall not apply where the total cost of con-
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1 struction (including architect and engineering services), 

2 purchase, or long term lease of offices does not exceed 

3 $1,000,000: Provided further, That contracts or agree4 ments entered into with funds appropriated under this 

5 heading may entail commitments for the expenditure of 

6 such funds through fiscal year 2006: Provided further,

7 That none of the funds in this Act may be used to open 

8 a new overseas mission of the United States Agency for 

9 International Development without the prior written noti10 fication of the Committees on Appropriations: Provided 

11 further, That the authority of sections 610 and 109 of the 

12 Foreign Assistance Act of 1961 may be exercised by the 

13 Secretary of State to transfer funds appropriated to carry 

14 out chapter 1 of part I of such Act to ‘‘Operating Ex15 penses of the United States Agency for International De16 velopment’’ in accordance with the provisions of those sec17 tions. 

18 CAPITAL INVESTMENT FUND

19 For necessary expenses for overseas construction and 

20 related costs, and for the procurement and enhancement 

21 of information technology and related capital investments, 

22 pursuant to section 667 of the Foreign Assistance Act of 

23 1961, $64,800,000, to remain available until expended: 

24 Provided, That this amount is in addition to funds other25 wise available for such purposes: Provided further, That 

26 funds appropriated under this heading shall be available 
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1 for obligation only pursuant to the regular notification 

2 procedures of the Committees on Appropriations: Provided 

3 further, That funds appropriated under this heading and 

4 under the heading ‘‘Operating Expenses of the United 

5 States Agency for International Development’’ may be 

6 made available for USAID’s contribution to the Capital 

7 Cost Sharing Program only if all other agencies who have 

8 agreed to participate in that program during the current 

9 fiscal year are making their contributions to the program. 

10 OPERATING EXPENSES OF THE UNITED STATES AGENCY

11 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN12 SPECTOR GENERAL

13 For necessary expenses to carry out the provisions 

14 of section 667 of the Foreign Assistance Act of 1961, 

15 $35,000,000, to remain available until September 30, 

16 2006, which sum shall be available for the Office of the 

17 Inspector General of the United States Agency for Inter18 national Development. 

19 OTHER BILATERAL ECONOMIC ASSISTANCE

20 ECONOMIC SUPPORT FUND

21 For necessary expenses to carry out the provisions 

22 of chapter 4 of part II, $2,450,000,000, to remain avail23 able until September 30, 2006: Provided, That of the 

24 funds appropriated under this heading, not less than 

25 $360,000,000 shall be available only for Israel, which sum 

26 shall be available on a grant basis as a cash transfer and 
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1 shall be disbursed within 30 days of the enactment of this 

2 Act or by October 31, 2004, whichever is later: Provided 

3 further, That not less than $535,000,000 shall be available 

4 only for Egypt, which sum shall be provided on a grant 

5 basis, and of which sum cash transfer assistance shall be 

6 provided with the understanding that Egypt will under7 take significant economic reforms which are additional to 

8 those which were undertaken in previous fiscal years: Pro9 vided further, That in exercising the authority to provide 

10 cash transfer assistance for Israel, the President shall en11 sure that the level of such assistance does not cause an 

12 adverse impact on the total level of nonmilitary exports 

13 from the United States to such country and that Israel 

14 enters into a side letter agreement in an amount propor15 tional to the fiscal year 1999 agreement: Provided further,

16 That of the funds appropriated under this heading, not 

17 less than $250,000,000 should be made available only for 

18 assistance for Jordan: Provided further, That not to exceed 

19 $200,000,000 of the funds appropriated under this head20 ing may be used for the costs, as defined in section 502 

21 of the Congressional Budget Act of 1974, of modifying 

22 direct loans and guarantees for Pakistan: Provided further,

23 That amounts that are made available under the previous 

24 proviso for the cost of modifying direct loans and guaran25 tees shall not be considered ‘‘assistance’’ for the purposes 
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1 of provisions of law limiting assistance to a country: Pro2 vided further, That $13,500,000 of the funds appropriated 

3 under this heading should be made available for Cyprus 

4 to be used only for scholarships, administrative support 

5 of the scholarship program, bicommunal projects, and 

6 measures aimed at reunification of the island and designed 

7 to reduce tensions and promote peace and cooperation be8 tween the two communities on Cyprus: Provided further,

9 That $35,000,000 of the funds appropriated under this 

10 heading should be made available for assistance for Leb11 anon, of which not less than $4,000,000 should be made 

12 available for scholarships and direct support of American 

13 educational institutions in Lebanon: Provided further,

14 That funds appropriated under this heading that are made 

15 available for assistance for the Central Government of 

16 Lebanon shall be subject to the regular notification proce17 dures of the Committees on Appropriations: Provided fur18 ther, That $22,000,000 of the funds appropriated under 

19 this heading should be made available for assistance for 

20 the Democratic Republic of Timor-Leste: Provided further,

21 That $50,000,000 of the funds appropriated under this 

22 heading should be made available for assistance for Haiti: 

23 Provided further, That funds appropriated under this 

24 heading may be used, notwithstanding any other provision 

25 of law, to provide assistance to the National Democratic 
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1 Alliance of Sudan to strengthen its ability to protect civil2 ians from attacks, slave raids, and aerial bombardment 

3 by the Sudanese Government forces and its militia allies, 

4 and the provision of such funds shall be subject to the 

5 regular notification procedures of the Committees on Ap6 propriations: Provided further, That in the previous pro7 viso, the term ‘‘assistance’’ includes non-lethal, non-food 

8 aid such as blankets, medicine, fuel, mobile clinics, water 

9 drilling equipment, communications equipment to notify 

10 civilians of aerial bombardment, non-military vehicles, 

11 tents, and shoes: Provided further, That funds appro12 priated under this heading that are made available for a 

13 Middle East Financing Facility, Middle East Enterprise 

14 Fund, or any other similar entity in the Middle East shall 

15 be subject to the regular notification procedures of the 

16 Committees on Appropriations: Provided further, That 

17 with respect to funds appropriated under this heading in 

18 this Act or prior Acts making appropriations for foreign 

19 operations, export financing, and related programs, the re20 sponsibility for policy decisions and justifications for the 

21 use of such funds, including whether there will be a pro22 gram for a country that uses those funds and the amount 

23 of each such program, shall be the responsibility of the 

24 Secretary of State and the Deputy Secretary of State and 

25 this responsibility shall not be delegated. 
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1 INTERNATIONAL FUND FOR IRELAND

2 For necessary expenses to carry out the provisions 

3 of chapter 4 of part II of the Foreign Assistance Act of 

4 1961, $18,500,000, which shall be available for the United 

5 States contribution to the International Fund for Ireland 

6 and shall be made available in accordance with the provi7 sions of the Anglo-Irish Agreement Support Act of 1986 

8 (Public Law 99–415): Provided, That such amount shall 

9 be expended at the minimum rate necessary to make time10 ly payment for projects and activities: Provided further, 

11 That funds made available under this heading shall re12 main available until September 30, 2006. 

13 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

14 STATES

15 (a) For necessary expenses to carry out the provisions 

16 of the Foreign Assistance Act of 1961 and the Support 

17 for East European Democracy (SEED) Act of 1989, 

18 $375,000,000, to remain available until September 30, 

19 2006, which shall be available, notwithstanding any other 

20 provision of law, for assistance and for related programs 

21 for Eastern Europe and the Baltic States. 

22 (b) Funds appropriated under this heading shall be 

23 considered to be economic assistance under the Foreign 

24 Assistance Act of 1961 for purposes of making available 

25 the administrative authorities contained in that Act for 

26 the use of economic assistance. 
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1 (c) With regard to funds appropriated under this 

2 heading for the economic revitalization program in Bosnia 

3 and Herzegovina, and local currencies generated by such 

4 funds (including the conversion of funds appropriated 

5 under this heading into currency used by Bosnia and 

6 Herzegovina as local currency and local currency returned 

7 or repaid under such program) the Administrator of the 

8 United States Agency for International Development shall 

9 provide written approval for grants and loans prior to the 

10 obligation and expenditure of funds for such purposes, and 

11 prior to the use of funds that have been returned or repaid 

12 to any lending facility or grantee. 

13 (d) The provisions of section 529 of this Act shall 

14 apply to funds made available under subsection (c) and 

15 to funds appropriated under this heading: Provided, That 

16 notwithstanding any provision of this or any other Act, 

17 including provisions in this subsection regarding the appli18 cation of section 529 of this Act, local currencies gen19 erated by, or converted from, funds appropriated by this 

20 Act and by previous appropriations Acts and made avail21 able for the economic revitalization program in Bosnia 

22 may be used in Eastern Europe and the Baltic States to 

23 carry out the provisions of the Foreign Assistance Act of 

24 1961 and the Support for East European Democracy 

25 (SEED) Act of 1989. 
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1 (e) The President is authorized to withhold funds ap2 propriated under this heading made available for economic 

3 revitalization programs in Bosnia and Herzegovina, if he 

4 determines and certifies to the Committees on Appropria5 tions that the Federation of Bosnia and Herzegovina has 

6 not complied with article III of annex 1–A of the General 

7 Framework Agreement for Peace in Bosnia and 

8 Herzegovina concerning the withdrawal of foreign forces, 

9 and that intelligence cooperation on training, investiga10 tions, and related activities between state sponsors of ter11 rorism and terrorist organizations and Bosnian officials 

12 has not been terminated. 

13 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

14 FORMER SOVIET UNION

15 (a) For necessary expenses to carry out the provisions 

16 of chapters 11 and 12 of part I of the Foreign Assistance 

17 Act of 1961 and the FREEDOM Support Act, for assist18 ance for the Independent States of the former Soviet 

19 Union and for related programs, $550,000,000, to remain 

20 available until September 30, 2006: Provided, That the 

21 provisions of such chapters shall apply to funds appro22 priated by this paragraph: Provided further, That funds 

23 made available for the Southern Caucasus region may be 

24 used notwithstanding any other provision of law, for con25 fidence-building measures and other activities in further26 ance of the peaceful resolution of the regional conflicts, 
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1 especially those in the vicinity of Abkhazia and Nagorno2 Karabagh: Provided further, That of the funds appro3 priated under this heading, $1,500,000 should be available 

4 only to meet the health and other assistance needs of vic5 tims of trafficking in persons: Provided further, That, not6 withstanding any other provision of law, funds appro7 priated under this heading in this Act or prior Acts mak8 ing appropriations for foreign operations, export financ9 ing, and related programs, that are made available pursu10 ant to the provisions of section 807 of Public Law 102–

11 511 shall be subject to a 6 percent ceiling on administra12 tive expenses. 

13 (b) Of the funds appropriated under this heading, not 

14 less than $65,000,000 should be made available for assist15 ance for Armenia. 

16 (c) Of the funds appropriated under this heading, not 

17 less than $57,000,000 should be made available, in addi18 tion to funds otherwise available for such purposes, for 

19 assistance for child survival, environmental and reproduc20 tive health, and to combat HIV/AIDS, tuberculosis and 

21 other infectious diseases, and for related activities. 

22 (d)(1) Of the funds appropriated under this heading 

23 that are allocated for assistance for the Government of 

24 the Russian Federation, 60 percent shall be withheld from 

25 obligation until the President determines and certifies in 
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1 writing to the Committees on Appropriations that the Gov2 ernment of the Russian Federation: 

3 (A) has terminated implementation of arrange4 ments to provide Iran with technical expertise, train5 ing, technology, or equipment necessary to develop a 

6 nuclear reactor, related nuclear research facilities or 

7 programs, or ballistic missile capability; and 

8 (B) is providing full access to international non9 government organizations providing humanitarian 

10 relief to refugees and internally displaced persons in 

11 Chechnya. 

12 (2) Paragraph (1) shall not apply to—

13 (A) assistance to combat infectious diseases, 

14 child survival activities, or assistance for victims of 

15 trafficking in persons; and 

16 (B) activities authorized under title V (Non17 proliferation and Disarmament Programs and Ac18 tivities) of the FREEDOM Support Act. 

19 (e) Section 907 of the FREEDOM Support Act shall 

20 not apply to—

21 (1) activities to support democracy or assist22 ance under title V of the FREEDOM Support Act 

23 and section 1424 of Public Law 104–201 or non24 proliferation assistance; 
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1 (2) any assistance provided by the Trade and 

2 Development Agency under section 661 of the For3 eign Assistance Act of 1961 (22 U.S.C. 2421); 

4 (3) any activity carried out by a member of the 

5 United States and Foreign Commercial Service while 

6 acting within his or her official capacity; 

7 (4) any insurance, reinsurance, guarantee or 

8 other assistance provided by the Overseas Private 

9 Investment Corporation under title IV of chapter 2 

10 of part I of the Foreign Assistance Act of 1961 (22 

11 U.S.C. 2191 et seq.); 

12 (5) any financing provided under the Export13 Import Bank Act of 1945; or 

14 (6) humanitarian assistance. 

15 INDEPENDENT AGENCIES

16 INTER-AMERICAN FOUNDATION

17 For necessary expenses to carry out the functions of 

18 the Inter-American Foundation in accordance with the 

19 provisions of section 401 of the Foreign Assistance Act 

20 of 1969, $16,238,000, to remain available until September 

21 30, 2006. 

22 AFRICAN DEVELOPMENT FOUNDATION

23 For necessary expenses to carry out title V of the 

24 International Security and Development Cooperation Act 

25 of 1980, Public Law 96–533, $18,579,000, to remain 

26 available until September 30, 2006: Provided, That funds 
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1 made available to grantees may be invested pending ex2 penditure for project purposes when authorized by the 

3 board of directors of the Foundation: Provided further,

4 That interest earned shall be used only for the purposes 

5 for which the grant was made: Provided further, That not6 withstanding section 505(a)(2) of the African Develop7 ment Foundation Act, in exceptional circumstances the 

8 board of directors of the Foundation may waive the 

9 $250,000 limitation contained in that section with respect 

10 to a project: Provided further, That the Foundation shall 

11 provide a report to the Committees on Appropriations 

12 after each time such waiver authority is exercised. 

13 PEACE CORPS

14 For necessary expenses to carry out the provisions 

15 of the Peace Corps Act (75 Stat. 612), $330,000,000, in16 cluding the purchase of not to exceed five passenger motor 

17 vehicles for administrative purposes for use outside of the 

18 United States: Provided, That none of the funds appro19 priated under this heading shall be used to pay for abor20 tions: Provided further, That funds appropriated under 

21 this heading shall remain available until September 30, 

22 2006. 

23 MILLENNIUM CHALLENGE CORPORATION

24 For necessary expenses for the ‘‘Millennium Chal25 lenge Corporation’’, $1,250,000,000, to remain available 

26 until expended: Provided, That of the funds appropriated 
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1 under this heading, not more than $30,000,000 may be 

2 available for administrative expenses of the Millennium 

3 Challenge Corporation: Provided further, That none of the 

4 funds appropriated under this heading may be made avail5 able for the provision of assistance until the Chief Execu6 tive Officer of the Millennium Challenge Corporation pro7 vides a written budget justification to the Committees on 

8 Appropriations: Provided further, That up to 10 percent 

9 of the funds appropriated under this heading may be made 

10 available to carry out the purposes of section 616 of the 

11 Millennium Challenge Act of 2003: Provided further, That 

12 none of the funds available to carry out section 616 of 

13 such Act may be made available until the Chief Executive 

14 Officer of the Millennium Challenge Corporation provides 

15 a report to the Committees on Appropriations listing the 

16 candidate countries that will be receiving assistance under 

17 section 616 of such Act, the level of assistance proposed 

18 for each such country, a description of the proposed pro19 grams, projects and activities, and the implementing agen20 cy or agencies of the United States Government: Provided 

21 further, That section 605(e)(4) of the Millennium Chal22 lenge Act of 2003 shall apply to funds appropriated under 

23 this heading: Provided further, That funds appropriated 

24 under this heading, and funds appropriated under this 

25 heading in division D of Public Law 108–199, may be 
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1 made available for a Millennium Challenge Compact en2 tered into pursuant to section 609 of the Millennium Chal3 lenge Act of 2003 only if such Compact obligates, or con4 tains a commitment to obligate subject to the availability 

5 of funds and the mutual agreement of the parties to the 

6 Compact to proceed, the entire amount of the United 

7 States Government funding anticipated for the duration 

8 of the Compact: Provided further, That the previous pro9 viso shall be effective on the date of enactment of this Act. 

10 DEPARTMENT OF STATE

11 GLOBAL HIV/AIDS INITIATIVE

12 For necessary expenses to carry out the provisions 

13 of the Foreign Assistance Act of 1961 for the prevention, 

14 treatment, and control of, and research on, HIV/AIDS, 

15 $1,260,000,000, to remain available until expended: Pro16 vided, That of the funds appropriated under this heading, 

17 not more than $8,818,000 may be made available for ad18 ministrative expenses of the Office of the Coordinator of 

19 United States Government Activities to Combat HIV/

20 AIDS Globally of the Department of State: Provided fur21 ther, That of the funds appropriated under this heading, 

22 not less than $26,000,000 should be made available as a 

23 contribution to the International AIDS Vaccine Initiative. 
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1 INTERNATIONAL NARCOTICS CONTROL AND LAW

2 ENFORCEMENT

3 For necessary expenses to carry out section 481 of 

4 the Foreign Assistance Act of 1961, $328,820,000, to re5 main available until September 30, 2007: Provided, That 

6 during fiscal year 2005, the Department of State may also 

7 use the authority of section 608 of the Foreign Assistance 

8 Act of 1961, without regard to its restrictions, to receive 

9 excess property from an agency of the United States Gov10 ernment for the purpose of providing it to a foreign coun11 try under chapter 8 of part I of that Act subject to the 

12 regular notification procedures of the Committees on Ap13 propriations: Provided further, That the Secretary of State 

14 shall provide to the Committees on Appropriations not 

15 later than 45 days after the date of the enactment of this 

16 Act and prior to the initial obligation of funds appro17 priated under this heading, a report on the proposed uses 

18 of all funds under this heading on a country-by-country 

19 basis for each proposed program, project, or activity: Pro20 vided further, That up to $10,000,000 of the funds appro21 priated under this heading should be made available for 

22 demand reduction programs: Provided further, That of the 

23 funds appropriated under this heading, not more than 

24 $26,117,000 may be available for administrative expenses. 
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1 ANDEAN COUNTERDRUG INITIATIVE

2 For necessary expenses to carry out section 481 of 

3 the Foreign Assistance Act of 1961 to support 

4 counterdrug activities in the Andean region of South 

5 America, $731,000,000, to remain available until Sep6 tember 30, 2007: Provided, That in fiscal year 2005, 

7 funds available to the Department of State for assistance 

8 to the Government of Colombia shall be available to sup9 port a unified campaign against narcotics trafficking, 

10 against activities by organizations designated as terrorist 

11 organizations such as the Revolutionary Armed Forces of 

12 Colombia (FARC), the National Liberation Army (ELN), 

13 and the United Self-Defense Forces of Colombia (AUC), 

14 and to take actions to protect human health and welfare 

15 in emergency circumstances, including undertaking rescue 

16 operations: Provided further, That this authority shall 

17 cease to be effective if the Secretary of State has credible 

18 evidence that the Colombian Armed Forces are not con19 ducting vigorous operations to restore government author20 ity and respect for human rights in areas under the effec21 tive control of paramilitary and guerrilla organizations: 

22 Provided further, That the President shall ensure that if 

23 any helicopter procured with funds under this heading is 

24 used to aid or abet the operations of any illegal self-de25 fense group or illegal security cooperative, such helicopter 
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1 shall be immediately returned to the United States: Pro2 vided further, That none of the funds appropriated by this 

3 Act may be made available to support a Peruvian air inter4 diction program until the Secretary of State and Director 

5 of Central Intelligence certify to the Congress, 30 days 

6 before any resumption of United States involvement in a 

7 Peruvian air interdiction program, that an air interdiction 

8 program that permits the ability of the Peruvian Air Force 

9 to shoot down aircraft will include enhanced safeguards 

10 and procedures to prevent the occurrence of any incident 

11 similar to the April 20, 2001 incident: Provided further, 

12 That the Secretary of State, in consultation with the Ad13 ministrator of the United States Agency for International 

14 Development, shall provide to the Committees on Appro15 priations not later than 45 days after the date of the en16 actment of this Act and prior to the initial obligation of 

17 funds appropriated under this heading, a report on the 

18 proposed uses of all funds under this heading on a coun19 try-by-country basis for each proposed program, project, 

20 or activity: Provided further, That section 482(b) of the 

21 Foreign Assistance Act of 1961 shall not apply to funds 

22 appropriated under this heading: Provided further, That 

23 assistance provided with funds appropriated under this 

24 heading that is made available notwithstanding section 

25 482(b) of the Foreign Assistance Act of 1961 shall be 
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1 made available subject to the regular notification proce2 dures of the Committees on Appropriations: Provided fur3 ther, That no United States Armed Forces personnel or 

4 United States civilian contractor employed by the United 

5 States will participate in any combat operation in connec6 tion with assistance made available by this Act for Colom7 bia: Provided further, That of the funds appropriated 

8 under this heading, not more than $16,285,000 may be 

9 available for administrative expenses of the Department 

10 of State, and not more than $4,500,000 may be available, 

11 in addition to amounts otherwise available for such pur12 poses, for administrative expenses of the United States 

13 Agency for International Development. 

14 MIGRATION AND REFUGEE ASSISTANCE

15 For expenses, not otherwise provided for, necessary 

16 to enable the Secretary of State to provide, as authorized 

17 by law, a contribution to the International Committee of 

18 the Red Cross, assistance to refugees, including contribu19 tions to the International Organization for Migration and 

20 the United Nations High Commissioner for Refugees, and 

21 other activities to meet refugee and migration needs; sala22 ries and expenses of personnel and dependents as author23 ized by the Foreign Service Act of 1980; allowances as 

24 authorized by sections 5921 through 5925 of title 5, 

25 United States Code; purchase and hire of passenger motor 

26 vehicles; and services as authorized by section 3109 of title 
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1 5, United States Code, $756,000,000, which shall remain 

2 available until expended: Provided, That not more than 

3 $21,000,000 may be available for administrative expenses: 

4 Provided further, That funds appropriated under this 

5 heading may be made available for a headquarters con6 tribution to the International Committee of the Red Cross 

7 only if the Secretary of State determines (and so reports 

8 to the appropriate committees of Congress) that the 

9 Magen David Adom Society of Israel is not being denied 

10 participation in the activities of the International Red 

11 Cross and Red Crescent Movement. 

12 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

13 ASSISTANCE FUND

14 For necessary expenses to carry out the provisions 

15 of section 2(c) of the Migration and Refugee Assistance 

16 Act of 1962, as amended (22 U.S.C. 2601(c)), 

17 $20,000,000, to remain available until expended. 

18 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

19 RELATED PROGRAMS

20 For necessary expenses for nonproliferation, anti-ter21 rorism, demining and related programs and activities, 

22 $382,000,000, to carry out the provisions of chapter 8 of 

23 part II of the Foreign Assistance Act of 1961 for anti24 terrorism assistance, chapter 9 of part II of the Foreign 

25 Assistance Act of 1961, section 504 of the FREEDOM 

26 Support Act, section 23 of the Arms Export Control Act 
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1 or the Foreign Assistance Act of 1961 for demining activi2 ties, the clearance of unexploded ordnance, the destruction 

3 of small arms, and related activities, notwithstanding any 

4 other provision of law, including activities implemented 

5 through nongovernmental and international organizations, 

6 and section 301 of the Foreign Assistance Act of 1961 

7 for a voluntary contribution to the International Atomic 

8 Energy Agency (IAEA), and for a United States contribu9 tion to the Comprehensive Nuclear Test Ban Treaty Pre10 paratory Commission: Provided, That of this amount not 

11 to exceed $30,000,000, to remain available until expended, 

12 may be made available for the Nonproliferation and Disar13 mament Fund, notwithstanding any other provision of 

14 law, to promote bilateral and multilateral activities relat15 ing to nonproliferation and disarmament: Provided further,

16 That such funds may also be used for such countries other 

17 than the Independent States of the former Soviet Union 

18 and international organizations when it is in the national 

19 security interest of the United States to do so: Provided 

20 further, That funds appropriated under this heading may 

21 be made available for the International Atomic Energy 

22 Agency only if the Secretary of State determines (and so 

23 reports to the Congress) that Israel is not being denied 

24 its right to participate in the activities of that Agency: 

25 Provided further, That of the funds made available for 
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1 demining and related activities, not to exceed $690,000, 

2 in addition to funds otherwise available for such purposes, 

3 may be used for administrative expenses related to the op4 eration and management of the demining program: Pro5 vided further, That funds appropriated under this heading 

6 shall be made available for programs and countries in the 

7 amounts contained in the table included in the report ac8 companying this Act: Provided further, That any proposed 

9 increases or decreases to the amounts contained in such 

10 table shall be subject to the regular notification procedures 

11 of the Committees on Appropriations and section 634A 

12 of the Foreign Assistance Act of 1961 and notifications 

13 shall be transmitted at least 15 days in advance of the 

14 obligation of funds. 

15 DEPARTMENT OF THE TREASURY

16 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

17 For necessary expenses to carry out the provisions 

18 of section 129 of the Foreign Assistance Act of 1961, 

19 $19,000,000, to remain available until September 30, 

20 2007, which shall be available notwithstanding any other 

21 provision of law. 

22 DEBT RESTRUCTURING

23 For the cost, as defined in section 502 of the Con24 gressional Budget Act of 1974, of modifying loans and 

25 loan guarantees, as the President may determine, for 

26 which funds have been appropriated or otherwise made 
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1 available for programs within the International Affairs 

2 Budget Function 150, including the cost of selling, reduc3 ing, or canceling amounts owed to the United States as 

4 a result of concessional loans made to eligible countries, 

5 pursuant to parts IV and V of the Foreign Assistance Act 

6 of 1961, and of modifying concessional credit agreements 

7 with least developed countries, as authorized under section 

8 411 of the Agricultural Trade Development and Assist9 ance Act of 1954, as amended, and concessional loans, 

10 guarantees and credit agreements, as authorized under 

11 section 572 of the Foreign Operations, Export Financing, 

12 and Related Programs Appropriations Act, 1989 (Public 

13 Law 100–461), and of canceling amounts owed, as a result 

14 of loans or guarantees made pursuant to the Export-Im15 port Bank Act of 1945, by countries that are eligible for 

16 debt reduction pursuant to title V of H.R. 3425 as enacted 

17 into law by section 1000(a)(5) of Public Law 106–113, 

18 $105,000,000, to remain available until September 30, 

19 2007: Provided, That not less than $20,000,000 of the 

20 funds appropriated under this heading shall be made avail21 able to carry out the provisions of part V of the Foreign 

22 Assistance Act of 1961: Provided further, That up to 

23 $75,000,000 of the funds appropriated under this heading 

24 may be used by the Secretary of the Treasury to pay to 

25 the Heavily Indebted Poor Countries (HIPC) Trust Fund 
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1 administered by the International Bank for Reconstruc2 tion and Development amounts for the benefit of countries 

3 that are eligible for debt reduction pursuant to title V of 

4 H.R. 3425 as enacted into law by section 1000(a)(5) of 

5 Public Law 106–113: Provided further, That amounts paid 

6 to the HIPC Trust Fund may be used only to fund debt 

7 reduction under the enhanced HIPC initiative by—

8 (1) the Inter-American Development Bank; 

9 (2) the African Development Fund; 

10 (3) the African Development Bank; and 

11 (4) the Central American Bank for Economic 

12 Integration: 

13 Provided further, That funds may not be paid to the HIPC 

14 Trust Fund for the benefit of any country if the Secretary 

15 of State has credible evidence that the government of such 

16 country is engaged in a consistent pattern of gross viola17 tions of internationally recognized human rights or in mili18 tary or civil conflict that undermines its ability to develop 

19 and implement measures to alleviate poverty and to devote 

20 adequate human and financial resources to that end: Pro21 vided further, That on the basis of final appropriations, 

22 the Secretary of the Treasury shall consult with the Com23 mittees on Appropriations concerning which countries and 

24 international financial institutions are expected to benefit 

25 from a United States contribution to the HIPC Trust 
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1 Fund during the fiscal year: Provided further, That the 

2 Secretary of the Treasury shall inform the Committees on 

3 Appropriations not less than 15 days in advance of the 

4 signature of an agreement by the United States to make 

5 payments to the HIPC Trust Fund of amounts for such 

6 countries and institutions: Provided further, That the Sec7 retary of the Treasury may disburse funds designated for 

8 debt reduction through the HIPC Trust Fund only for the 

9 benefit of countries that—

10 (1) have committed, for a period of 24 months, 

11 not to accept new market-rate loans from the inter12 national financial institution receiving debt repay13 ment as a result of such disbursement, other than 

14 loans made by such institutions to export-oriented 

15 commercial projects that generate foreign exchange 

16 which are generally referred to as ‘‘enclave’’ loans; 

17 and 

18 (2) have documented and demonstrated their 

19 commitment to redirect their budgetary resources 

20 from international debt repayments to programs to 

21 alleviate poverty and promote economic growth that 

22 are additional to or expand upon those previously 

23 available for such purposes: 

24 Provided further, That any limitation of subsection (e) of 

25 section 411 of the Agricultural Trade Development and 
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1 Assistance Act of 1954 shall not apply to funds appro2 priated under this heading: Provided further, That none 

3 of the funds made available under this heading in this or 

4 any other appropriations Act shall be made available for 

5 Sudan or Burma unless the Secretary of the Treasury de6 termines and notifies the Committees on Appropriations 

7 that a democratically elected government has taken office: 

8 Provided further, That none of the funds appropriated 

9 under this heading may be paid to the HIPC Trust Fund 

10 for the benefit of any country that has accepted loans from 

11 an international financial institution between such coun12 try’s decision point and completion point: Provided further,

13 That the terms ‘‘decision point’’ and ‘‘completion point’’ 

14 shall have the same meaning as defined by the Inter15 national Monetary Fund.

16 TITLE III—MILITARY ASSISTANCE 

17 FUNDS APPROPRIATED TO THE PRESIDENT

18 INTERNATIONAL MILITARY EDUCATION AND TRAINING

19 For necessary expenses to carry out the provisions 

20 of section 541 of the Foreign Assistance Act of 1961, 

21 $89,730,000, of which up to $3,000,000 may remain 

22 available until expended: Provided, That the civilian per23 sonnel for whom military education and training may be 

24 provided under this heading may include civilians who are 

25 not members of a government whose participation would 
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1 contribute to improved civil-military relations, civilian con2 trol of the military, or respect for human rights: Provided 

3 further, That funds appropriated under this heading for 

4 military education and training for Guatemala may only 

5 be available for expanded international military education 

6 and training, and funds made available for Nigeria and 

7 Guatemala may only be provided through the regular noti8 fication procedures of the Committees on Appropriations. 

9 FOREIGN MILITARY FINANCING PROGRAM

10 (INCLUDING TRANSFER OF FUNDS)

11 For expenses necessary for grants to enable the 

12 President to carry out the provisions of section 23 of the 

13 Arms Export Control Act, $4,777,500,000: Provided, That 

14 of the funds appropriated under this heading, not less 

15 than $2,220,000,000 shall be available for grants only for 

16 Israel, and not less than $1,300,000,000 shall be made 

17 available for grants only for Egypt: Provided further, That 

18 the funds appropriated by this paragraph for Israel shall 

19 be disbursed within 30 days of the enactment of this Act 

20 or by October 31, 2004, whichever is later: Provided fur21 ther, That to the extent that the Government of Israel re22 quests that funds be used for such purposes, grants made 

23 available for Israel by this paragraph shall, as agreed by 

24 Israel and the United States, be available for advanced 

25 weapons systems, of which not less than $580,000,000 

26 shall be available for the procurement in Israel of defense 
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1 articles and defense services, including research and devel2 opment: Provided further, That in addition to the funds 

3 appropriated under this heading, up to $150,000,000 for 

4 assistance for Pakistan may be derived by transfer from 

5 unobligated balances of funds appropriated under the 

6 headings ‘‘Economic Support Fund’’ and ‘‘Foreign Mili7 tary Financing Program’’ in prior appropriations Acts and 

8 not otherwise designated in those Acts for a specific coun9 try, use, or purpose: Provided further, That funds appro10 priated or otherwise made available by this paragraph 

11 shall be nonrepayable notwithstanding any requirement in 

12 section 23 of the Arms Export Control Act: Provided fur13 ther, That funds made available under this paragraph 

14 shall be obligated upon apportionment in accordance with 

15 paragraph (5)(C) of title 31, United States Code, section 

16 1501(a). 

17 None of the funds made available under this heading 

18 shall be available to finance the procurement of defense 

19 articles, defense services, or design and construction serv20 ices that are not sold by the United States Government 

21 under the Arms Export Control Act unless the foreign 

22 country proposing to make such procurements has first 

23 signed an agreement with the United States Government 

24 specifying the conditions under which such procurements 

25 may be financed with such funds: Provided, That all coun-
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1 try and funding level increases in allocations shall be sub2 mitted through the regular notification procedures of sec3 tion 515 of this Act: Provided further, That none of the 

4 funds appropriated under this heading shall be available 

5 for assistance for Sudan, Indonesia and Guatemala: Pro6 vided further, That funds made available under this head7 ing may be used, notwithstanding any other provision of 

8 law, for demining, the clearance of unexploded ordnance, 

9 and related activities, and may include activities imple10 mented through nongovernmental and international orga11 nizations: Provided further, That the authority contained 

12 in the previous proviso or any other provision of law relat13 ing to the use of funds for programs under this heading, 

14 including provisions contained in previously enacted ap15 propriations Acts, shall not apply to activities relating to 

16 the clearance of unexploded ordnance resulting from 

17 United States Armed Forces testing or training exercises: 

18 Provided further, That the previous proviso shall not apply 

19 to San Jose Island, Republic of Panama: Provided further,

20 That only those countries for which assistance was justi21 fied for the ‘‘Foreign Military Sales Financing Program’’ 

22 in the fiscal year 1989 congressional presentation for secu23 rity assistance programs may utilize funds made available 

24 under this heading for procurement of defense articles, de25 fense services or design and construction services that are 
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1 not sold by the United States Government under the Arms 

2 Export Control Act: Provided further, That funds appro3 priated under this heading shall be expended at the min4 imum rate necessary to make timely payment for defense 

5 articles and services: Provided further, That not more than 

6 $40,500,000 of the funds appropriated under this heading 

7 may be obligated for necessary expenses, including the 

8 purchase of passenger motor vehicles for replacement only 

9 for use outside of the United States, for the general costs 

10 of administering military assistance and sales: Provided 

11 further, That not more than $367,000,000 of funds real12 ized pursuant to section 21(e)(1)(A) of the Arms Export 

13 Control Act may be obligated for expenses incurred by the 

14 Department of Defense during fiscal year 2005 pursuant 

15 to section 43(b) of the Arms Export Control Act, except 

16 that this limitation may be exceeded only through the reg17 ular notification procedures of the Committees on Appro18 priations: Provided further, That foreign military financing 

19 program funds estimated to be outlayed for Egypt during 

20 fiscal year 2005 shall be transferred to an interest bearing 

21 account for Egypt in the Federal Reserve Bank of New 

22 York within 30 days of enactment of this Act or by Octo23 ber 31, 2004, whichever is later. 

24 PEACEKEEPING OPERATIONS

25 For necessary expenses to carry out the provisions 

26 of section 551 of the Foreign Assistance Act of 1961, 
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1 $104,000,000: Provided, That none of the funds appro2 priated under this heading shall be obligated or expended 

3 except as provided through the regular notification proce4 dures of the Committees on Appropriations. 

5 TITLE IV—MULTILATERAL ECONOMIC 

6 ASSISTANCE 

7 FUNDS APPROPRIATED TO THE PRESIDENT

8 INTERNATIONAL FINANCIAL INSTITUTIONS

9 GLOBAL ENVIRONMENT FACILITY

10 For the United States contribution for the Global En11 vironment Facility, $107,500,000 to the International 

12 Bank for Reconstruction and Development as trustee for 

13 the Global Environment Facility, by the Secretary of the 

14 Treasury, to remain available until expended. 

15 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

16 ASSOCIATION

17 For payment to the International Development Asso18 ciation by the Secretary of the Treasury, $850,000,000, 

19 to remain available until expended. 

20 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

21 MULTILATERAL INVESTMENT FUND

22 For payment to the Enterprise for the Americas Mul23 tilateral Investment Fund by the Secretary of the Treas24 ury, for the United States contribution to the fund, 

25 $25,000,000, to remain available until expended. 
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1 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

2 For the United States contribution by the Secretary 

3 of the Treasury to the increase in resources of the Asian 

4 Development Fund, as authorized by the Asian Develop5 ment Bank Act, as amended, $112,212,465, to remain 

6 available until expended. 

7 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

8 For payment to the African Development Bank by 

9 the Secretary of the Treasury, $5,100,000, for the United 

10 States paid-in share of the increase in capital stock, to 

11 remain available until expended. 

12 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

13 The United States Governor of the African Develop14 ment Bank may subscribe without fiscal year limitation 

15 for the callable capital portion of the United States share 

16 of such capital stock in an amount not to exceed 

17 $79,532,933. 

18 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

19 For the United States contribution by the Secretary 

20 of the Treasury to the increase in resources of the African 

21 Development Fund, $118,000,000, to remain available 

22 until expended. 

23 CONTRIBUTION TO THE EUROPEAN BANK FOR

24 RECONSTRUCTION AND DEVELOPMENT

25 For payment to the European Bank for Reconstruc26 tion and Development by the Secretary of the Treasury, 
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1 $35,431,111 for the United States share of the paid-in 

2 portion of the increase in capital stock, to remain available 

3 until expended: Provided, That funds appropriated under 

4 this heading shall be subject to the regular notification 

5 procedures of the Committees on Appropriations and shall 

6 be transmitted at least 15 days in advance of the obliga7 tion of funds. 

8 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

9 The United States Governor of the European Bank 

10 for Reconstruction and Development may subscribe with11 out fiscal year limitation to the callable capital portion of 

12 the United States share of such capital stock in an amount 

13 not to exceed $121,996,662. 

14 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

15 AGRICULTURAL DEVELOPMENT

16 For the United States contribution by the Secretary 

17 of the Treasury to increase the resources of the Inter18 national Fund for Agricultural Development, 

19 $15,000,000, to remain available until expended. 

20 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

21 For necessary expenses to carry out the provisions 

22 of section 301 of the Foreign Assistance Act of 1961, and 

23 of section 2 of the United Nations Environment Program 

24 Participation Act of 1973, $323,450,000: Provided, That 

25 none of the funds appropriated under this heading may 
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1 be made available to the International Atomic Energy 

2 Agency (IAEA). 

3 TITLE V—GENERAL PROVISIONS 

4 COMPENSATION FOR UNITED STATES EXECUTIVE

5 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

6 SEC. 501. (a) No funds appropriated by this Act may 

7 be made as payment to any international financial institu8 tion while the United States Executive Director to such 

9 institution is compensated by the institution at a rate 

10 which, together with whatever compensation such Director 

11 receives from the United States, is in excess of the rate 

12 provided for an individual occupying a position at level IV 

13 of the Executive Schedule under section 5315 of title 5, 

14 United States Code, or while any alternate United States 

15 Director to such institution is compensated by the institu16 tion at a rate in excess of the rate provided for an indi17 vidual occupying a position at level V of the Executive 

18 Schedule under section 5316 of title 5, United States 

19 Code. 

20 (b) For purposes of this section, ‘‘international finan21 cial institutions’’ are: the International Bank for Recon22 struction and Development, the Inter-American Develop23 ment Bank, the Asian Development Bank, the Asian De24 velopment Fund, the African Development Bank, the Afri25 can Development Fund, the International Monetary Fund, 
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1 the North American Development Bank, and the Euro2 pean Bank for Reconstruction and Development. 

3 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO

4 UNITED NATIONS AGENCIES

5 SEC. 502. None of the funds appropriated by this Act 

6 may be made available to pay any voluntary contribution 

7 of the United States to the United Nations (including the 

8 United Nations Development Program) if the United Na9 tions implements or imposes any taxation on any United 

10 States persons. 

11 LIMITATION ON RESIDENCE EXPENSES

12 SEC. 503. Of the funds appropriated or made avail13 able pursuant to this Act, not to exceed $100,500 shall 

14 be for official residence expenses of the United States 

15 Agency for International Development during the current 

16 fiscal year: Provided, That appropriate steps shall be 

17 taken to assure that, to the maximum extent possible, 

18 United States-owned foreign currencies are utilized in lieu 

19 of dollars. 

20 LIMITATION ON EXPENSES

21 SEC. 504. Of the funds appropriated or made avail22 able pursuant to this Act, not to exceed $5,000 shall be 

23 for entertainment expenses of the United States Agency 

24 for International Development during the current fiscal 

25 year. 
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1 LIMITATION ON REPRESENTATIONAL ALLOWANCES

2 SEC. 505. Of the funds appropriated or made avail3 able pursuant to this Act, not to exceed $125,000 shall 

4 be available for representation allowances for the United 

5 States Agency for International Development during the 

6 current fiscal year: Provided, That appropriate steps shall 

7 be taken to assure that, to the maximum extent possible, 

8 United States-owned foreign currencies are utilized in lieu 

9 of dollars: Provided further, That of the funds made avail10 able by this Act for general costs of administering military 

11 assistance and sales under the heading ‘‘Foreign Military 

12 Financing Program’’, not to exceed $4,000 shall be avail13 able for entertainment expenses and not to exceed 

14 $130,000 shall be available for representation allowances: 

15 Provided further, That of the funds made available by this 

16 Act under the heading ‘‘International Military Education 

17 and Training’’, not to exceed $55,000 shall be available 

18 for entertainment allowances: Provided further, That of 

19 the funds made available by this Act for the Inter-Amer20 ican Foundation, not to exceed $2,000 shall be available 

21 for entertainment and representation allowances: Provided 

22 further, That of the funds made available by this Act for 

23 the Peace Corps, not to exceed a total of $4,000 shall be 

24 available for entertainment expenses: Provided further,

25 That of the funds made available by this Act under the 
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1 heading ‘‘Trade and Development Agency’’, not to exceed 

2 $4,000 shall be available for representation and entertain3 ment allowances: Provided further, That of the funds made 

4 available by this Act under the heading ‘‘Millennium Chal5 lenge Corporation’’, not to exceed $130,000 shall be avail6 able for representation and entertainment allowances. 

7 PROHIBITION ON TAXATION OF UNITED STATES

8 ASSISTANCE

9 SEC. 506. (a) PROHIBITION ON TAXATION.—None of 

10 the funds appropriated by this Act may be made available 

11 to provide assistance for a foreign country under a new 

12 bilateral agreement governing the terms and conditions 

13 under which such assistance is to be provided unless such 

14 agreement includes a provision stating that assistance pro15 vided by the United States shall be exempt from taxation, 

16 or reimbursed, by the foreign government, and the Sec17 retary of State shall expeditiously seek to negotiate 

18 amendments to existing bilateral agreements, as nec19 essary, to conform with this requirement. 

20 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 

21 amount equivalent to 200 percent of the total taxes as22 sessed during fiscal year 2005 on funds appropriated by 

23 this Act by a foreign government or entity against com24 modities financed under United States assistance pro25 grams for which funds are appropriated by this Act, either 

26 directly or through grantees, contractors and subcontrac-
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1 tors shall be withheld from obligation from funds appro2 priated for assistance for fiscal year 2006 and allocated 

3 for the central government of such country and for the 

4 West Bank and Gaza Program to the extent that the Sec5 retary of State certifies and reports in writing to the Com6 mittees on Appropriations that such taxes have not been 

7 reimbursed to the Government of the United States. 

8 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 

9 minimis nature shall not be subject to the provisions of 

10 subsection (b). 

11 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

12 from obligation for each country or entity pursuant to sub13 section (b) shall be reprogrammed for assistance to coun14 tries which do not assess taxes on United States assistance 

15 or which have an effective arrangement that is providing 

16 substantial reimbursement of such taxes. 

17 (e) DETERMINATIONS.—

18 (1) The provisions of this section shall not 

19 apply to any country or entity the Secretary of State 

20 determines—

21 (A) does not assess taxes on United States 

22 assistance or which has an effective arrange23 ment that is providing substantial reimburse24 ment of such taxes; or 
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1 (B) the foreign policy interests of the 

2 United States outweigh the policy of this sec3 tion to ensure that United States assistance is 

4 not subject to taxation. 

5 (2) The Secretary of State shall consult with 

6 the Committees on Appropriations at least 15 days 

7 prior to exercising the authority of this subsection 

8 with regard to any country or entity. 

9 (f) IMPLEMENTATION.—The Secretary of State shall 

10 issue rules, regulations, or policy guidance, as appropriate, 

11 to implement the prohibition against the taxation of assist12 ance contained in this section. 

13 (g) DEFINITIONS.—As used in this section—

14 (1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to 

15 value added taxes and customs duties imposed on 

16 commodities financed with United States assistance 

17 for programs for which funds are appropriated by 

18 this Act; and 

19 (2) the term ‘‘bilateral agreement’’ refers to a 

20 framework bilateral agreement between the Govern21 ment of the United States and the government of 

22 the country receiving assistance that describes the 

23 privileges and immunities applicable to United 

24 States foreign assistance for such country generally, 

25 or an individual agreement between the Government 
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1 of the United States and such government that de2 scribes, among other things, the treatment for tax 

3 purposes that will be accorded the United States as4 sistance provided under that agreement. 

5 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

6 COUNTRIES

7 SEC. 507. None of the funds appropriated or other8 wise made available pursuant to this Act shall be obligated 

9 or expended to finance directly any assistance or repara10 tions to Cuba, Libya, North Korea, Iran, or Syria: Pro11 vided, That for purposes of this section, the prohibition 

12 on obligations or expenditures shall include direct loans, 

13 credits, insurance and guarantees of the Export-Import 

14 Bank or its agents. 

15 MILITARY COUPS

16 SEC. 508. None of the funds appropriated or other17 wise made available pursuant to this Act shall be obligated 

18 or expended to finance directly any assistance to the gov19 ernment of any country whose duly elected head of govern20 ment is deposed by decree or military coup: Provided, That 

21 assistance may be resumed to such government if the 

22 President determines and certifies to the Committees on 

23 Appropriations that subsequent to the termination of as24 sistance a democratically elected government has taken of25 fice: Provided further, That the provisions of this section 

26 shall not apply to assistance to promote democratic elec-
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1 tions or public participation in democratic processes: Pro2 vided further, That funds made available pursuant to the 

3 previous provisos shall be subject to the regular notifica4 tion procedures of the Committees on Appropriations. 

5 TRANSFERS

6 SEC. 509. (a)(1) LIMITATION ON TRANSFERS BE7 TWEEN AGENCIES.—None of the funds made available by 

8 this Act may be transferred to any department, agency, 

9 or instrumentality of the United States Government, ex10 cept pursuant to a transfer made by, or transfer authority 

11 provided in, this Act or any other appropriation Act.

12 (2) Notwithstanding paragraph (1), in addition to 

13 transfers made by, or authorized elsewhere in, this Act, 

14 funds appropriated by this Act to carry out the purposes 

15 of the Foreign Assistance Act of 1961 may be allocated 

16 or transferred to agencies of the United States Govern17 ment pursuant to the provisions of sections 109, 610, and 

18 632 of the Foreign Assistance Act of 1961. 

19 (b) TRANSFERS BETWEEN ACCOUNTS.—None of the 

20 funds made available by this Act may be obligated under 

21 an appropriation account to which they were not appro22 priated, except for transfers specifically provided for in 

23 this Act, unless the President, not less than five days prior 

24 to the exercise of any authority contained in the Foreign 

25 Assistance Act of 1961 to transfer funds, consults with 

26 and provides a written policy justification to the Commit-
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1 tees on Appropriations of the House of Representatives 

2 and the Senate. 

3 (c) AUDIT OF INTER-AGENCY TRANSFERS.—Any 

4 agreement for the transfer or allocation of funds appro5 priated by this Act, or prior Acts, entered into between 

6 the United States Agency for International Development 

7 and another agency of the United States Government 

8 under the authority of section 632(a) of the Foreign As9 sistance Act of 1961 or any comparable provision of law, 

10 shall expressly provide that the Office of the Inspector 

11 General for the agency receiving the transfer or allocation 

12 of such funds shall perform periodic program and financial 

13 audits of the use of such funds: Provided, That funds 

14 transferred under such authority may be made available 

15 for the cost of such audits. 

16 COMMERCIAL LEASING OF DEFENSE ARTICLES

17 SEC. 510. Notwithstanding any other provision of 

18 law, and subject to the regular notification procedures of 

19 the Committees on Appropriations, the authority of sec20 tion 23(a) of the Arms Export Control Act may be used 

21 to provide financing to Israel, Egypt and NATO and 

22 major non-NATO allies for the procurement by leasing 

23 (including leasing with an option to purchase) of defense 

24 articles from United States commercial suppliers, not in25 cluding Major Defense Equipment (other than helicopters 

26 and other types of aircraft having possible civilian applica-
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1 tion), if the President determines that there are compel2 ling foreign policy or national security reasons for those 

3 defense articles being provided by commercial lease rather 

4 than by government-to-government sale under such Act. 

5 AVAILABILITY OF FUNDS

6 SEC. 511. No part of any appropriation contained in 

7 this Act shall remain available for obligation after the ex8 piration of the current fiscal year unless expressly so pro9 vided in this Act: Provided, That funds appropriated for 

10 the purposes of chapters 1, 8, 11, and 12 of part I, section 

11 667, chapters 4, 6, 8, and 9 of part II of the Foreign 

12 Assistance Act of 1961, section 23 of the Arms Export 

13 Control Act, and funds provided under the heading ‘‘As14 sistance for Eastern Europe and the Baltic States’’, shall 

15 remain available for an additional four years from the date 

16 on which the availability of such funds would otherwise 

17 have expired, if such funds are initially obligated before 

18 the expiration of their respective periods of availability 

19 contained in this Act: Provided further, That, notwith20 standing any other provision of this Act, any funds made 

21 available for the purposes of chapter 1 of part I and chap22 ter 4 of part II of the Foreign Assistance Act of 1961 

23 which are allocated or obligated for cash disbursements 

24 in order to address balance of payments or economic policy 

25 reform objectives, shall remain available until expended. 
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1 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

2 SEC. 512. No part of any appropriation contained in 

3 this Act shall be used to furnish assistance to the govern4 ment of any country which is in default during a period 

5 in excess of one calendar year in payment to the United 

6 States of principal or interest on any loan made to the 

7 government of such country by the United States pursuant 

8 to a program for which funds are appropriated under this 

9 Act unless the President determines, following consulta10 tions with the Committees on Appropriations, that assist11 ance to such country is in the national interest of the 

12 United States. 

13 COMMERCE AND TRADE

14 SEC. 513. (a) None of the funds appropriated or 

15 made available pursuant to this Act for direct assistance 

16 and none of the funds otherwise made available pursuant 

17 to this Act to the Export-Import Bank and the Overseas 

18 Private Investment Corporation shall be obligated or ex19 pended to finance any loan, any assistance or any other 

20 financial commitments for establishing or expanding pro21 duction of any commodity for export by any country other 

22 than the United States, if the commodity is likely to be 

23 in surplus on world markets at the time the resulting pro24 ductive capacity is expected to become operative and if the 

25 assistance will cause substantial injury to United States 

26 producers of the same, similar, or competing commodity: 
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1 Provided, That such prohibition shall not apply to the Ex2 port-Import Bank if in the judgment of its Board of Direc3 tors the benefits to industry and employment in the 

4 United States are likely to outweigh the injury to United 

5 States producers of the same, similar, or competing com6 modity, and the Chairman of the Board so notifies the 

7 Committees on Appropriations. 

8 (b) None of the funds appropriated by this or any 

9 other Act to carry out chapter 1 of part I of the Foreign 

10 Assistance Act of 1961 shall be available for any testing 

11 or breeding feasibility study, variety improvement or intro12 duction, consultancy, publication, conference, or training 

13 in connection with the growth or production in a foreign 

14 country of an agricultural commodity for export which 

15 would compete with a similar commodity grown or pro16 duced in the United States: Provided, That this subsection 

17 shall not prohibit—

18 (1) activities designed to increase food security 

19 in developing countries where such activities will not 

20 have a significant impact on the export of agricul21 tural commodities of the United States; or 

22 (2) research activities intended primarily to 

23 benefit American producers. 

24 SURPLUS COMMODITIES

25 SEC. 514. The Secretary of the Treasury shall in26 struct the United States Executive Directors of the Inter-
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1 national Bank for Reconstruction and Development, the 

2 International Development Association, the International 

3 Finance Corporation, the Inter-American Development 

4 Bank, the International Monetary Fund, the Asian Devel5 opment Bank, the Inter-American Investment Corpora6 tion, the North American Development Bank, the Euro7 pean Bank for Reconstruction and Development, the Afri8 can Development Bank, and the African Development 

9 Fund to use the voice and vote of the United States to 

10 oppose any assistance by these institutions, using funds 

11 appropriated or made available pursuant to this Act, for 

12 the production or extraction of any commodity or mineral 

13 for export, if it is in surplus on world markets and if the 

14 assistance will cause substantial injury to United States 

15 producers of the same, similar, or competing commodity. 

16 NOTIFICATION REQUIREMENTS

17 SEC. 515. For the purposes of providing the executive 

18 branch with the necessary administrative flexibility, none 

19 of the funds made available under this Act for ‘‘Child Sur20 vival and Health Programs Fund’’, ‘‘Development Assist21 ance’’, ‘‘International Organizations and Programs’’, 

22 ‘‘Trade and Development Agency’’, ‘‘International Nar23 cotics Control and Law Enforcement’’, ‘‘Andean 

24 Counterdrug Initiative’’, ‘‘Assistance for Eastern Europe 

25 and the Baltic States’’, ‘‘Assistance for the Independent 

26 States of the Former Soviet Union’’, ‘‘Economic Support 
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1 Fund’’, ‘‘Global HIV/AIDS Initiative’’, ‘‘Peacekeeping 

2 Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Ex3 penses of the United States Agency for International De4 velopment’’, ‘‘Operating Expenses of the United States 

5 Agency for International Development Office of Inspector 

6 General’’, ‘‘Nonproliferation, Anti-terrorism, Demining 

7 and Related Programs’’, ‘‘Millennium Challenge Corpora8 tion’’ (by country only), ‘‘Foreign Military Financing Pro9 gram’’, ‘‘International Military Education and Training’’, 

10 ‘‘Peace Corps’’, and ‘‘Migration and Refugee Assistance’’, 

11 shall be available for obligation for activities, programs, 

12 projects, type of materiel assistance, countries, or other 

13 operations not justified or in excess of the amount justi14 fied to the Committees on Appropriations for obligation 

15 under any of these specific headings unless the Commit16 tees on Appropriations of both Houses of Congress are 

17 previously notified 15 days in advance: Provided, That the 

18 President shall not enter into any commitment of funds 

19 appropriated for the purposes of section 23 of the Arms 

20 Export Control Act for the provision of major defense 

21 equipment, other than conventional ammunition, or other 

22 major defense items defined to be aircraft, ships, missiles, 

23 or combat vehicles, not previously justified to Congress or 

24 20 percent in excess of the quantities justified to Congress 

25 unless the Committees on Appropriations are notified 15 
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1 days in advance of such commitment: Provided further, 

2 That this section shall not apply to any reprogramming 

3 for an activity, program, or project for which funds are 

4 appropriated under title II of this Act of less than 10 per5 cent of the amount previously justified to the Congress 

6 for obligation for such activity, program, or project for the 

7 current fiscal year: Provided further, That the require8 ments of this section or any similar provision of this Act 

9 or any other Act, including any prior Act requiring notifi10 cation in accordance with the regular notification proce11 dures of the Committees on Appropriations, may be 

12 waived if failure to do so would pose a substantial risk 

13 to human health or welfare: Provided further, That in case 

14 of any such waiver, notification to the Congress, or the 

15 appropriate congressional committees, shall be provided as 

16 early as practicable, but in no event later than 3 days after 

17 taking the action to which such notification requirement 

18 was applicable, in the context of the circumstances neces19 sitating such waiver: Provided further, That any notifica20 tion provided pursuant to such a waiver shall contain an 

21 explanation of the emergency circumstances. 

22 LIMITATION ON AVAILABILITY OF FUNDS FOR

23 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

24 SEC. 516. Subject to the regular notification proce25 dures of the Committees on Appropriations, funds appro26 priated under this Act or any previously enacted Act mak-
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1 ing appropriations for foreign operations, export financ2 ing, and related programs, which are returned or not made 

3 available for organizations and programs because of the 

4 implementation of section 307(a) of the Foreign Assist5 ance Act of 1961, shall remain available for obligation 

6 until September 30, 2006. 

7 INDEPENDENT STATES OF THE FORMER SOVIET UNION

8 SEC. 517. (a) None of the funds appropriated under 

9 the heading ‘‘Assistance for the Independent States of the 

10 Former Soviet Union’’ shall be made available for assist11 ance for a government of an Independent State of the 

12 former Soviet Union—

13 (1) unless that government is making progress 

14 in implementing comprehensive economic reforms 

15 based on market principles, private ownership, re16 spect for commercial contracts, and equitable treat17 ment of foreign private investment; and 

18 (2) if that government applies or transfers 

19 United States assistance to any entity for the pur20 pose of expropriating or seizing ownership or control 

21 of assets, investments, or ventures.

22 Assistance may be furnished without regard to this sub23 section if the President determines that to do so is in the 

24 national interest. 
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1 (b) None of the funds appropriated under the heading 

2 ‘‘Assistance for the Independent States of the Former So3 viet Union’’ shall be made available for assistance for a 

4 government of an Independent State of the former Soviet 

5 Union if that government directs any action in violation 

6 of the territorial integrity or national sovereignty of any 

7 other Independent State of the former Soviet Union, such 

8 as those violations included in the Helsinki Final Act: Pro9 vided, That such funds may be made available without re10 gard to the restriction in this subsection if the President 

11 determines that to do so is in the national security interest 

12 of the United States. 

13 (c) None of the funds appropriated under the heading 

14 ‘‘Assistance for the Independent States of the Former So15 viet Union’’ shall be made available for any state to en16 hance its military capability: Provided, That this restric17 tion does not apply to demilitarization, demining or non18 proliferation programs. 

19 (d) Funds appropriated under the heading ‘‘Assist20 ance for the Independent States of the Former Soviet 

21 Union’’ for the Russian Federation, Armenia, Georgia, 

22 and Ukraine shall be subject to the regular notification 

23 procedures of the Committees on Appropriations. 

24 (e) Funds made available in this Act for assistance 

25 for the Independent States of the former Soviet Union 
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1 shall be subject to the provisions of section 117 (relating 

2 to environment and natural resources) of the Foreign As3 sistance Act of 1961. 

4 (f) In issuing new task orders, entering into con5 tracts, or making grants, with funds appropriated in this 

6 Act or prior appropriations Acts under the heading ‘‘As7 sistance for the Independent States of the Former Soviet 

8 Union’’ and under comparable headings in prior appro9 priations Acts, for projects or activities that have as one 

10 of their primary purposes the fostering of private sector 

11 development, the Coordinator for United States Assistance 

12 to Europe and Eurasia and the implementing agency shall 

13 encourage the participation of and give significant weight 

14 to contractors and grantees who propose investing a sig15 nificant amount of their own resources (including volun16 teer services and in-kind contributions) in such projects 

17 and activities. 

18 PROHIBITION ON FUNDING FOR ABORTIONS AND

19 INVOLUNTARY STERILIZATION

20 SEC. 518. None of the funds made available to carry 

21 out part I of the Foreign Assistance Act of 1961, as 

22 amended, may be used to pay for the performance of abor23 tions as a method of family planning or to motivate or 

24 coerce any person to practice abortions. None of the funds 

25 made available to carry out part I of the Foreign Assist26 ance Act of 1961, as amended, may be used to pay for 
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1 the performance of involuntary sterilization as a method 

2 of family planning or to coerce or provide any financial 

3 incentive to any person to undergo sterilizations. None of 

4 the funds made available to carry out part I of the Foreign 

5 Assistance Act of 1961, as amended, may be used to pay 

6 for any biomedical research which relates in whole or in 

7 part, to methods of, or the performance of, abortions or 

8 involuntary sterilization as a means of family planning. 

9 None of the funds made available to carry out part I of 

10 the Foreign Assistance Act of 1961, as amended, may be 

11 obligated or expended for any country or organization if 

12 the President certifies that the use of these funds by any 

13 such country or organization would violate any of the 

14 above provisions related to abortions and involuntary steri15 lizations. 

16 EXPORT FINANCING TRANSFER AUTHORITIES

17 SEC. 519. Not to exceed 5 percent of any appropria18 tion other than for administrative expenses made available 

19 for fiscal year 2005, for programs under title I of this 

20 Act may be transferred between such appropriations for 

21 use for any of the purposes, programs, and activities for 

22 which the funds in such receiving account may be used, 

23 but no such appropriation, except as otherwise specifically 

24 provided, shall be increased by more than 25 percent by 

25 any such transfer: Provided, That the exercise of such au-
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1 thority shall be subject to the regular notification proce2 dures of the Committees on Appropriations. 

3 SPECIAL NOTIFICATION REQUIREMENTS

4 SEC. 520. None of the funds appropriated by this Act 

5 shall be obligated or expended for Liberia, Serbia, Sudan, 

6 or Zimbabwe except as provided through the regular noti7 fication procedures of the Committees on Appropriations. 

8 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

9 SEC. 521. For the purpose of this Act, ‘‘program, 

10 project, and activity’’ shall be defined at the appropria11 tions Act account level and shall include all appropriations 

12 and authorizations Acts earmarks, ceilings, and limita13 tions with the exception that for the following accounts: 

14 Economic Support Fund and Foreign Military Financing 

15 Program, ‘‘program, project, and activity’’ shall also be 

16 considered to include country, regional, and central pro17 gram level funding within each such account; for the devel18 opment assistance accounts of the United States Agency 

19 for International Development ‘‘program, project, and ac20 tivity’’ shall also be considered to include central, country, 

21 regional, and program level funding, either as: (1) justified 

22 to the Congress; or (2) allocated by the executive branch 

23 in accordance with a report, to be provided to the Commit24 tees on Appropriations within 30 days of the enactment 

25 of this Act, as required by section 653(a) of the Foreign 

26 Assistance Act of 1961. 
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1 CHILD SURVIVAL AND HEALTH ACTIVITIES

2 SEC. 522. Up to $13,500,000 of the funds made 

3 available by this Act for assistance under the heading 

4 ‘‘Child Survival and Health Programs Fund’’, may be 

5 used to reimburse United States Government agencies, 

6 agencies of State governments, institutions of higher 

7 learning, and private and voluntary organizations for the 

8 full cost of individuals (including for the personal services 

9 of such individuals) detailed or assigned to, or contracted 

10 by, as the case may be, the United States Agency for 

11 International Development for the purpose of carrying out 

12 activities under that heading: Provided, That up to 

13 $3,500,000 of the funds made available by this Act for 

14 assistance under the heading ‘‘Development Assistance’’ 

15 may be used to reimburse such agencies, institutions, and 

16 organizations for such costs of such individuals carrying 

17 out other development assistance activities: Provided fur18 ther, That funds appropriated by titles II and III of this 

19 Act that are made available for bilateral assistance for 

20 child survival activities or disease programs including ac21 tivities relating to research on, and the prevention, treat22 ment and control of, HIV/AIDS may be made available 

23 notwithstanding any other provision of law except for the 

24 provisions under the heading ‘‘Child Survival and Health 

25 Programs Fund’’ and the United States Leadership 
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1 Against HIV/AIDS, Tuberculosis, and Malaria Act of 

2 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.). 

3 AFGHANISTAN

4 SEC. 523. Of the funds appropriated by titles II and 

5 III of this Act, not less than $977,000,000 should be made 

6 available for humanitarian, reconstruction, and related as7 sistance for Afghanistan: Provided, That $60,000,000 of 

8 the funds allocated for assistance for Afghanistan from 

9 this Act and other Acts making appropriations for foreign 

10 operations, export financing, and related programs for fis11 cal year 2005 should be made available for assistance for 

12 Afghan women and girls. 

13 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

14 SEC. 524. Prior to providing excess Department of 

15 Defense articles in accordance with section 516(a) of the 

16 Foreign Assistance Act of 1961, the Department of De17 fense shall notify the Committees on Appropriations to the 

18 same extent and under the same conditions as are other 

19 committees pursuant to subsection (f) of that section: Pro20 vided, That before issuing a letter of offer to sell excess 

21 defense articles under the Arms Export Control Act, the 

22 Department of Defense shall notify the Committees on 

23 Appropriations in accordance with the regular notification 

24 procedures of such Committees if such defense articles are 

25 significant military equipment (as defined in section 47(9) 

26 of the Arms Export Control Act) or are valued (in terms 
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1 of original acquisition cost) at $7,000,000 or more, or if 

2 notification is required elsewhere in this Act for the use 

3 of appropriated funds for specific countries that would re4 ceive such excess defense articles: Provided further, That 

5 such Committees shall also be informed of the original ac6 quisition cost of such defense articles. 

7 THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS AND

8 MALARIA

9 SEC. 525. Notwithstanding any other provision of 

10 this Act, none of the funds that are appropriated by this 

11 Act that are made available to support the Global Fund 

12 to Fight AIDS, Tuberculosis and Malaria (Global Fund) 

13 may be made available to the Global Fund until the Sec14 retary of State certifies to the Committees on Appropria15 tions that—

16 (1) the Global Fund is making concerted efforts 

17 to—

18 (A) establish a full time, professional, inde19 pendent office which reports directly to the 

20 Global Fund Board regarding, among other 

21 things, the integrity of processes for consider22 ation and approval of grant proposals, and the 

23 implementation, monitoring and evaluation of 

24 grants made by the Global Fund; 
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1 (B) strengthen domestic civil society par2 ticipation, especially for people living with HIV/

3 AIDS, in-country coordinating mechanisms; and 

4 (C) establish procedures to assess the need 

5 for, and coordinate, technical assistance for 

6 Global Fund activities, in cooperation with bi7 lateral and multilateral donors; and 

8 (2) the Global Fund has established clear, con9 sistent progress indicators upon which to determine 

10 the release of incremental disbursements; 

11 (3) the Global Fund is releasing such incre12 mental disbursements only if sufficient positive re13 sults have been attained based on those indicators; 

14 and 

15 (4) the Global Fund is providing an appropriate 

16 level of support and oversight to country-level enti17 ties, such as country coordinating mechanisms, prin18 cipal recipients, and local Fund agents, to enable 

19 them to fulfill their mandates. 

20 DEMOCRACY PROGRAMS

21 SEC. 526. (a) The Secretary of Treasury should in22 struct the United States executive director to each inter23 national financial institution to use the voice and vote of 

24 the United States to support projects in Tibet if such 

25 projects do not provide incentives for the migration and 

26 settlement of non-Tibetans into Tibet or facilitate the 
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1 transfer of ownership of Tibetan land and natural re2 sources to non-Tibetans; are based on a thorough needs3 assessment; foster self-sufficiency of the Tibetan people 

4 and respect Tibetan culture and traditions; and are sub5 ject to effective monitoring. 

6 (b) Notwithstanding any other provision of law, not 

7 less than $4,000,000 of the funds appropriated by this 

8 Act under the heading ‘‘Economic Support Fund’’ should 

9 be made available to nongovernmental organizations to 

10 support activities which preserve cultural traditions and 

11 promote sustainable development and environmental con12 servation in Tibetan communities in the Tibetan Autono13 mous Region and in other Tibetan communities in China. 

14 (c) Notwithstanding any other provision of law, not 

15 less than $250,000 of the funds appropriated under the 

16 heading ‘‘Economic Support Fund’’ should be made avail17 able for human rights and democracy programs for Tibet18 ans. 

19 (d) Not less than $27,000,000 of the funds appro20 priated by this Act under the heading ‘‘Economic Support 

21 Fund’’ should be allocated for the Human Rights and De22 mocracy Fund: Provided, That up to $1,200,000 may be 

23 used for the Reagan/Fascell Democracy Fellows program. 

24 (e) Notwithstanding any other provision of law, up 

25 to $1,500,000 of the funds appropriated by this Act under 
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1 the heading ‘‘Economic Support Fund’’ may be provided 

2 to make grants to educational, humanitarian, and non3 governmental organizations and individuals inside Iran 

4 and Syria to support the advancement of democracy and 

5 human rights in Iran and Syria, and such funds may be 

6 provided through the National Endowment for Democ7 racy. 

8 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

9 COUNTRIES

10 SEC. 527. (a) Funds appropriated for bilateral assist11 ance under any heading of this Act and funds appro12 priated under any such heading in a provision of law en13 acted prior to the enactment of this Act, shall not be made 

14 available to any country which the President determines—

15 (1) grants sanctuary from prosecution to any 

16 individual or group which has committed an act of 

17 international terrorism; or 

18 (2) otherwise supports international terrorism. 

19 (b) The President may waive the application of sub20 section (a) to a country if the President determines that 

21 national security or humanitarian reasons justify such 

22 waiver. The President shall publish each waiver in the 

23 Federal Register and, at least 15 days before the waiver 

24 takes effect, shall notify the Committees on Appropria25 tions of the waiver (including the justification for the waiv-
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1 er) in accordance with the regular notification procedures 

2 of the Committees on Appropriations.

3 DEBT-FOR-DEVELOPMENT

4 SEC. 528. In order to enhance the continued partici5 pation of nongovernmental organizations in debt-for-devel6 opment and debt-for-nature exchanges, a nongovern7 mental organization which is a grantee or contractor of 

8 the United States Agency for International Development 

9 may place in interest bearing accounts local currencies 

10 which accrue to that organization as a result of economic 

11 assistance provided under title II of this Act and, subject 

12 to the regular notification procedures of the Committees 

13 on Appropriations, and any interest earned on such invest14 ment shall be used for the purpose for which the assist15 ance was provided to that organization. 

16 SEPARATE ACCOUNTS

17 SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL

18 CURRENCIES.—(1) If assistance is furnished to the gov19 ernment of a foreign country under chapters 1 and 10 of 

20 part I or chapter 4 of part II of the Foreign Assistance 

21 Act of 1961 under agreements which result in the genera22 tion of local currencies of that country, the Administrator 

23 of the United States Agency for International Develop24 ment shall—

25 (A) require that local currencies be deposited in 

26 a separate account established by that government; 
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1 (B) enter into an agreement with that govern2 ment which sets forth—

3 (i) the amount of the local currencies to be 

4 generated; and 

5 (ii) the terms and conditions under which 

6 the currencies so deposited may be utilized, con7 sistent with this section; and 

8 (C) establish by agreement with that govern9 ment the responsibilities of the United States Agen10 cy for International Development and that govern11 ment to monitor and account for deposits into and 

12 disbursements from the separate account. 

13 (2) USES OF LOCAL CURRENCIES.—As may be agreed 

14 upon with the foreign government, local currencies depos15 ited in a separate account pursuant to subsection (a), or 

16 an equivalent amount of local currencies, shall be used 

17 only—

18 (A) to carry out chapter 1 or 10 of part I or 

19 chapter 4 of part II (as the case may be), for such 

20 purposes as—

21 (i) project and sector assistance activities; 

22 or 

23 (ii) debt and deficit financing; or 

24 (B) for the administrative requirements of the 

25 United States Government. 
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1 (3) PROGRAMMING ACCOUNTABILITY.—The United 

2 States Agency for International Development shall take all 

3 necessary steps to ensure that the equivalent of the local 

4 currencies disbursed pursuant to subsection (a)(2)(A) 

5 from the separate account established pursuant to sub6 section (a)(1) are used for the purposes agreed upon pur7 suant to subsection (a)(2). 

8 (4) TERMINATION OF ASSISTANCE PROGRAMS.—

9 Upon termination of assistance to a country under chapter 

10 1 or 10 of part I or chapter 4 of part II (as the case 

11 may be), any unencumbered balances of funds which re12 main in a separate account established pursuant to sub13 section (a) shall be disposed of for such purposes as may 

14 be agreed to by the government of that country and the 

15 United States Government. 

16 (5) REPORTING REQUIREMENT.—The Administrator 

17 of the United States Agency for International Develop18 ment shall report on an annual basis as part of the jus19 tification documents submitted to the Committees on Ap20 propriations on the use of local currencies for the adminis21 trative requirements of the United States Government as 

22 authorized in subsection (a)(2)(B), and such report shall 

23 include the amount of local currency (and United States 

24 dollar equivalent) used and/or to be used for such purpose 

25 in each applicable country. 
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1 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—

2 (1) If assistance is made available to the government of 

3 a foreign country, under chapter 1 or 10 of part I or chap4 ter 4 of part II of the Foreign Assistance Act of 1961, 

5 as cash transfer assistance or as nonproject sector assist6 ance, that country shall be required to maintain such 

7 funds in a separate account and not commingle them with 

8 any other funds. 

9 (2) APPLICABILITY OF OTHER PROVISIONS OF

10 LAW.—Such funds may be obligated and expended not11 withstanding provisions of law which are inconsistent with 

12 the nature of this assistance including provisions which 

13 are referenced in the Joint Explanatory Statement of the 

14 Committee of Conference accompanying House Joint Res15 olution 648 (House Report No. 98–1159). 

16 (3) NOTIFICATION.—At least 15 days prior to obli17 gating any such cash transfer or nonproject sector assist18 ance, the President shall submit a notification through the 

19 regular notification procedures of the Committees on Ap20 propriations, which shall include a detailed description of 

21 how the funds proposed to be made available will be used, 

22 with a discussion of the United States interests that will 

23 be served by the assistance (including, as appropriate, a 

24 description of the economic policy reforms that will be pro25 moted by such assistance). 
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1 (4) EXEMPTION.—Nonproject sector assistance funds 

2 may be exempt from the requirements of subsection (b)(1) 

3 only through the notification procedures of the Commit4 tees on Appropriations.

5 ENTERPRISE FUND RESTRICTIONS

6 SEC. 530. (a) Prior to the distribution of any assets 

7 resulting from any liquidation, dissolution, or winding up 

8 of an Enterprise Fund, in whole or in part, the President 

9 shall submit to the Committees on Appropriations, in ac10 cordance with the regular notification procedures of the 

11 Committees on Appropriations, a plan for the distribution 

12 of the assets of the Enterprise Fund. 

13 (b) Funds made available by this Act for Enterprise 

14 Funds shall be expended at the minimum rate necessary 

15 to make timely payment for projects and activities. 

16 SUDAN

17 SEC. 531. (a) Of the funds appropriated by title II 

18 of this Act, not less than $311,000,000 should be made 

19 available for assistance for Sudan. 

20 (b) Subject to section (c): 

21 (1) Notwithstanding section 501(a) of the 

22 International Malaria Control Act of 2000 (Public 

23 Law 106–570) or any other provision of law, none 

24 of the funds appropriated by this Act may be made 

25 available for assistance for the Government of 

26 Sudan. 
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1 (2) None of the funds appropriated by this Act 

2 may be made available for the cost, as defined in 

3 section 502, of the Congressional Budget Act of 

4 1974, of modifying loans and loan guarantees held 

5 by the Government of Sudan, including the cost of 

6 selling, reducing, or canceling amounts owed to the 

7 United States, and modifying concessional loans, 

8 guarantees, and credit agreements. 

9 (c) Subsection (b) shall not apply if the Secretary of 

10 State determines and certifies to the Committees on Ap11 propriations that—

12 (1) the Government of Sudan has disarmed and 

13 disbanded government-supported militia groups in 

14 the Darfur region; 

15 (2) the Government of Sudan and all govern16 ment-supported militia groups are honoring their 

17 commitments made in the cease-fire agreement of 

18 April 8, 2004; and 

19 (3) the Government of Sudan is allowing full 

20 and unconditional access to Darfur to humanitarian 

21 aid organizations, the human rights investigation 

22 and humanitarian teams of the United Nations, in23 cluding protection officers, and an international 

24 monitoring team that is based in Darfur and that 

25 has the support of the United States. 
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1 (d) EXCEPTIONS.—The provisions of subsection (b) 

2 shall not apply to—

3 (1) humanitarian assistance; and 

4 (2) assistance for Darfur and for areas outside 

5 the control of the Government of Sudan. 

6 (e) DEFINITIONS.—For the purposes of the Act and 

7 section 501 of Public Law 106–570, the terms ‘‘Govern8 ment of Sudan’’, ‘‘areas outside of control of the Govern9 ment of Sudan’’, and ‘‘area in Sudan outside of control 

10 of the Government of Sudan’’ shall have the same meaning 

11 and application as was the case immediately prior to the 

12 conclusion of the cease-fire agreement of April 8, 2004. 

13 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

14 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

15 SEC. 532. Unless expressly provided to the contrary, 

16 provisions of this or any other Act, including provisions 

17 contained in prior Acts authorizing or making appropria18 tions for foreign operations, export financing, and related 

19 programs, shall not be construed to prohibit activities au20 thorized by or conducted under the Peace Corps Act, the 

21 Inter-American Foundation Act or the African Develop22 ment Foundation Act. The agency shall promptly report 

23 to the Committees on Appropriations whenever it is con24 ducting activities or is proposing to conduct activities in 

25 a country for which assistance is prohibited. 
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1 IMPACT ON JOBS IN THE UNITED STATES

2 SEC. 533. None of the funds appropriated by this Act 

3 may be obligated or expended to provide—

4 (1) any financial incentive to a business enter5 prise currently located in the United States for the 

6 purpose of inducing such an enterprise to relocate 

7 outside the United States if such incentive or in8 ducement is likely to reduce the number of employ9 ees of such business enterprise in the United States 

10 because United States production is being replaced 

11 by such enterprise outside the United States; or 

12 (2) assistance for any program, project, or ac13 tivity that contributes to the violation of internation14 ally recognized workers rights, as defined in section 

15 507(4) of the Trade Act of 1974, of workers in the 

16 recipient country, including any designated zone or 

17 area in that country: Provided, That the application 

18 of section 507(4) (D) and (E) of such Act should be 

19 commensurate with the level of development of the 

20 recipient country and sector, and shall not preclude 

21 assistance for the informal sector in such country, 

22 micro and small-scale enterprise, and smallholder 

23 agriculture. 

24 SPECIAL AUTHORITIES

25 SEC. 534. (a) AFGHANISTAN, PAKISTAN, MONTE26 NEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND
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1 DISPLACED BURMESE.—Funds appropriated by this Act 

2 that are made available for assistance for Afghanistan 

3 may be made available notwithstanding section 512 of this 

4 Act or any similar provision of law and section 660 of the 

5 Foreign Assistance Act of 1961, and funds appropriated 

6 in titles I and II of this Act that are made available for 

7 Montenegro, Pakistan, and for victims of war, displaced 

8 children, and displaced Burmese, and to assist victims of 

9 trafficking in persons and, subject to the regular notifica10 tion procedures of the Committees on Appropriations, to 

11 combat such trafficking, may be made available notwith12 standing any other provision of law. 

13 (b) TROPICAL FORESTRY AND BIODIVERSITY CON14 SERVATION ACTIVITIES.—Funds appropriated by this Act 

15 to carry out the provisions of sections 103 through 106, 

16 and chapter 4 of part II, of the Foreign Assistance Act 

17 of 1961 may be used, notwithstanding any other provision 

18 of law, for the purpose of supporting tropical forestry and 

19 biodiversity conservation activities and energy programs 

20 aimed at reducing greenhouse gas emissions: Provided,

21 That such assistance shall be subject to sections 116, 

22 502B, and 620A of the Foreign Assistance Act of 1961. 

23 (c) PERSONAL SERVICES CONTRACTORS.—Funds ap24 propriated by this Act to carry out chapter 1 of part I, 

25 chapter 4 of part II, and section 667 of the Foreign As-
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1 sistance Act of 1961, and title II of the Agricultural Trade 

2 Development and Assistance Act of 1954, may be used 

3 by the United States Agency for International Develop4 ment to employ up to 25 personal services contractors in 

5 the United States, notwithstanding any other provision of 

6 law, for the purpose of providing direct, interim support 

7 for new or expanded overseas programs and activities 

8 managed by the agency until permanent direct hire per9 sonnel are hired and trained: Provided, That not more 

10 than 10 of such contractors shall be assigned to any bu11 reau or office: Provided further, That such funds appro12 priated to carry out title II of the Agricultural Trade De13 velopment and Assistance Act of 1954, may be made avail14 able only for personal services contractors assigned to the 

15 Office of Food for Peace. 

16 (d)(1) WAIVER.—The President may waive the provi17 sions of section 1003 of Public Law 100–204 if the Presi18 dent determines and certifies in writing to the Speaker 

19 of the House of Representatives and the President pro 

20 tempore of the Senate that it is important to the national 

21 security interests of the United States. 

22 (2) PERIOD OF APPLICATION OF WAIVER.—Any waiv23 er pursuant to paragraph (1) shall be effective for no more 

24 than a period of 6 months at a time and shall not apply 

25 beyond 12 months after the enactment of this Act. 
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1 (e) SMALL BUSINESS.—In entering into multiple 

2 award indefinite-quantity contracts with funds appro3 priated by this Act, the United States Agency for Inter4 national Development may provide an exception to the fair 

5 opportunity process for placing task orders under such 

6 contracts when the order is placed with any category of 

7 small or small disadvantaged business.

8 (f) RECONSTITUTING CIVILIAN POLICE AUTHOR9 ITY.—In providing assistance with funds appropriated by 

10 this Act under section 660(b)(6) of the Foreign Assistance 

11 Act of 1961, support for a nation emerging from insta12 bility may be deemed to mean support for regional, dis13 trict, municipal, or other sub-national entity emerging 

14 from instability, as well as a nation emerging from insta15 bility. 

16 (g) NATIONAL ENDOWMENT FOR DEMOCRACY.—

17 Funds appropriated by this Act that are provided to the 

18 National Endowment for Democracy may be provided not19 withstanding any other provision of law or regulation. 

20 (h) WORLD FOOD PROGRAM.—Of the funds managed 

21 by the Bureau for Democracy, Conflict, and Humanitarian 

22 Assistance of the United States Agency for International 

23 Development, from this or any other Act, not less than 

24 $6,000,000 shall be made available as a general contribu-
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1 tion to the World Food Program, notwithstanding any 

2 other provision of law. 

3 (i) EXTENSION OF AUTHORITY.—Public Law 107–

4 57, as amended, is further amended—

5 (1) in section 1(b)—

6 (A) in the heading, by striking ‘‘2004’’ and 

7 inserting ‘‘2005’’; and 

8 (B) in paragraph (1), by striking ‘‘2004’’ 

9 and inserting ‘‘2005’’; 

10 (2) in section 3(2), by striking ‘‘and 2004’’ and 

11 inserting in lieu thereof ‘‘2004, and 2005’’; and 

12 (3) in section 6, by striking ‘‘2004’’ and insert13 ing in lieu thereof ‘‘2005’’. 

14 ARAB LEAGUE BOYCOTT OF ISRAEL

15 SEC. 535. It is the sense of the Congress that—

16 (1) the Arab League boycott of Israel, and the 

17 secondary boycott of American firms that have com18 mercial ties with Israel, is an impediment to peace 

19 in the region and to United States investment and 

20 trade in the Middle East and North Africa; 

21 (2) the Arab League boycott, which was regret22 tably reinstated in 1997, should be immediately and 

23 publicly terminated, and the Central Office for the 

24 Boycott of Israel immediately disbanded; 

25 (3) the three Arab League countries with diplo26 matic and trade relations with Israel should return 
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1 their ambassadors to Israel, should refrain from 

2 downgrading their relations with Israel, and should 

3 play a constructive role in securing a peaceful reso4 lution of the Israeli-Arab conflict; 

5 (4) the remaining Arab League states should 

6 normalize relations with their neighbor Israel; 

7 (5) the President and the Secretary of State 

8 should continue to vigorously oppose the Arab 

9 League boycott of Israel and find concrete steps to 

10 demonstrate that opposition by, for example, taking 

11 into consideration the participation of any recipient 

12 country in the boycott when determining to sell 

13 weapons to said country; and 

14 (6) the President should report to Congress an15 nually on specific steps being taken by the United 

16 States to encourage Arab League states to normalize 

17 their relations with Israel to bring about the termi18 nation of the Arab League boycott of Israel, includ19 ing those to encourage allies and trading partners of 

20 the United States to enact laws prohibiting busi21 nesses from complying with the boycott and penal22 izing businesses that do comply. 

23 ELIGIBILITY FOR ASSISTANCE

24 SEC. 536. (a) ASSISTANCE THROUGH NONGOVERN25 MENTAL ORGANIZATIONS.—Restrictions contained in this 

26 or any other Act with respect to assistance for a country 
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1 shall not be construed to restrict assistance in support of 

2 programs of nongovernmental organizations from funds 

3 appropriated by this Act to carry out the provisions of 

4 chapters 1, 10, 11, and 12 of part I and chapter 4 of 

5 part II of the Foreign Assistance Act of 1961, and from 

6 funds appropriated under the heading ‘‘Assistance for 

7 Eastern Europe and the Baltic States’’: Provided, That 

8 before using the authority of this subsection to furnish as9 sistance in support of programs of nongovernmental orga10 nizations, the President shall notify the Committees on 

11 Appropriations under the regular notification procedures 

12 of those committees, including a description of the pro13 gram to be assisted, the assistance to be provided, and 

14 the reasons for furnishing such assistance: Provided fur15 ther, That nothing in this subsection shall be construed 

16 to alter any existing statutory prohibitions against abor17 tion or involuntary sterilizations contained in this or any 

18 other Act. 

19 (b) PUBLIC LAW 480.—During fiscal year 2005, re20 strictions contained in this or any other Act with respect 

21 to assistance for a country shall not be construed to re22 strict assistance under the Agricultural Trade Develop23 ment and Assistance Act of 1954: Provided, That none 

24 of the funds appropriated to carry out title I of such Act 

25 and made available pursuant to this subsection may be 
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1 obligated or expended except as provided through the reg2 ular notification procedures of the Committees on Appro3 priations. 

4 (c) EXCEPTION.—This section shall not apply—

5 (1) with respect to section 620A of the Foreign 

6 Assistance Act of 1961 or any comparable provision 

7 of law prohibiting assistance to countries that sup8 port international terrorism; or 

9 (2) with respect to section 116 of the Foreign 

10 Assistance Act of 1961 or any comparable provision 

11 of law prohibiting assistance to the government of a 

12 country that violates internationally recognized 

13 human rights. 

14 RESERVATIONS OF FUNDS

15 SEC. 537. (a) Funds appropriated by this Act which 

16 are earmarked may be reprogrammed for other programs 

17 within the same account notwithstanding the earmark if 

18 compliance with the earmark is made impossible by oper19 ation of any provision of this or any other Act: Provided,

20 That any such reprogramming shall be subject to the reg21 ular notification procedures of the Committees on Appro22 priations: Provided further, That assistance that is repro23 grammed pursuant to this subsection shall be made avail24 able under the same terms and conditions as originally 

25 provided. 
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1 (b) In addition to the authority contained in sub2 section (a), the original period of availability of funds ap3 propriated by this Act and administered by the United 

4 States Agency for International Development that are ear5 marked for particular programs or activities by this or any 

6 other Act shall be extended for an additional fiscal year 

7 if the Administrator of such agency determines and re8 ports promptly to the Committees on Appropriations that 

9 the termination of assistance to a country or a significant 

10 change in circumstances makes it unlikely that such ear11 marked funds can be obligated during the original period 

12 of availability: Provided, That such earmarked funds that 

13 are continued available for an additional fiscal year shall 

14 be obligated only for the purpose of such earmark. 

15 CEILINGS AND EARMARKS

16 SEC. 538. Ceilings and earmarks contained in this 

17 Act shall not be applicable to funds or authorities appro18 priated or otherwise made available by any subsequent Act 

19 unless such Act specifically so directs. Earmarks or min20 imum funding requirements contained in any other Act 

21 shall not be applicable to funds appropriated by this Act. 

22 PROHIBITION ON PUBLICITY OR PROPAGANDA

23 SEC. 539. No part of any appropriation contained in 

24 this Act shall be used for publicity or propaganda purposes 

25 within the United States not authorized before the date 

26 of the enactment of this Act by the Congress: Provided,
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1 That not to exceed $750,000 may be made available to 

2 carry out the provisions of section 316 of Public Law 96–

3 533. 

4 PROHIBITION OF PAYMENTS TO UNITED NATIONS

5 MEMBERS

6 SEC. 540. None of the funds appropriated or made 

7 available pursuant to this Act for carrying out the Foreign 

8 Assistance Act of 1961, may be used to pay in whole or 

9 in part any assessments, arrearages, or dues of any mem10 ber of the United Nations or, from funds appropriated by 

11 this Act to carry out chapter 1 of part I of the Foreign 

12 Assistance Act of 1961, the costs for participation of an13 other country’s delegation at international conferences 

14 held under the auspices of multilateral or international or15 ganizations. 

16 NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION

17 SEC. 541. None of the funds appropriated or made 

18 available pursuant to this Act shall be available to a non19 governmental organization which fails to provide upon 

20 timely request any document, file, or record necessary to 

21 the auditing requirements of the United States Agency for 

22 International Development. 
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1 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN2 MENTS THAT EXPORT LETHAL MILITARY EQUIP3 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

4 TERRORISM

5 SEC. 542. (a) None of the funds appropriated or oth6 erwise made available by this Act may be available to any 

7 foreign government which provides lethal military equip8 ment to a country the government of which the Secretary 

9 of State has determined is a terrorist government for pur10 poses of section 6(j) of the Export Administration Act. 

11 The prohibition under this section with respect to a for12 eign government shall terminate 12 months after that gov13 ernment ceases to provide such military equipment. This 

14 section applies with respect to lethal military equipment 

15 provided under a contract entered into after October 1, 

16 1997. 

17 (b) Assistance restricted by subsection (a) or any 

18 other similar provision of law, may be furnished if the 

19 President determines that furnishing such assistance is 

20 important to the national interests of the United States. 

21 (c) Whenever the waiver authority of subsection (b) 

22 is exercised, the President shall submit to the appropriate 

23 congressional committees a report with respect to the fur24 nishing of such assistance. Any such report shall include 

25 a detailed explanation of the assistance to be provided, in-
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1 cluding the estimated dollar amount of such assistance, 

2 and an explanation of how the assistance furthers United 

3 States national interests. 

4 WITHHOLDING OF ASSISTANCE FOR PARKING FINES

5 OWED BY FOREIGN COUNTRIES

6 SEC. 543. (a) Subject to subsection (c), of the funds 

7 appropriated by this Act that are made available for as8 sistance for a foreign country, an amount equal to 110 

9 percent of the total amount of the unpaid fully adjudicated 

10 parking fines and penalties owed by such country shall be 

11 withheld from obligation for such country until the Sec12 retary of State submits a certification to the appropriate 

13 congressional committees stating that such parking fines 

14 and penalties are fully paid.

15 (b) Funds withheld from obligation pursuant to sub16 section (a) may be made available for other programs or 

17 activities funded by this Act, after consultation with and 

18 subject to the regulation notification procedures of the ap19 propriate congressional committees, provided that no such 

20 funds shall be made available for assistance to the central 

21 government of a foreign country that has not paid the 

22 total amount of the fully adjudicated parking fines and 

23 penalties owed by such country. 

24 (c) Subsection (a) shall not include amounts that 

25 have been withheld under any other provision of law. 
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1 (d) The Secretary of State may waive the require2 ments set forth in subsection (a) no sooner than 60 days 

3 from the date of enactment of this Act, or at any time 

4 with respect to a particular country, if the Secretary deter5 mines that it is in the national interests of the United 

6 States to do so. 

7 (e) Not later than 6 months after the initial exercise 

8 of the waiver authority in subsection (d), the Secretary 

9 of State, after consultations with the City of New York, 

10 shall submit a report to the Committees on Appropriations 

11 describing a strategy, including a timetable and steps cur12 rently being taken, to collect the parking fines and pen13 alties owed by nations receiving foreign assistance under 

14 this Act. 

15 (f) In this section: 

16 (1) The term ‘‘appropriate congressional com17 mittees’’ means the Committee on Appropriations of 

18 the Senate and the Committee on Appropriations of 

19 the House of Representatives. 

20 (2) The term ‘‘fully adjudicated’’ includes cir21 cumstances in which the person to whom the vehicle 

22 is registered—

23 (A)(i) has not responded to the parking 

24 violation summons; or 
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1 (ii) has not followed the appropriate adju2 dication procedure to challenge the summons; 

3 and 

4 (B) the period of time for payment of or 

5 challenge to the summons has lapsed. 

6 (3) The term ‘‘parking fines and penalties’’ 

7 means parking fines and penalties—

8 (A) owed to—

9 (i) the District of Columbia; or 

10 (ii) New York, New York; and 

11 (B) incurred during the period April 1, 

12 1997 through September 30, 2004. 

13 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE

14 WEST BANK AND GAZA

15 SEC. 544. None of the funds appropriated by this Act 

16 may be obligated for assistance for the Palestine Libera17 tion Organization for the West Bank and Gaza unless the 

18 President has exercised the authority under section 604(a) 

19 of the Middle East Peace Facilitation Act of 1995 (title 

20 VI of Public Law 104–107) or any other legislation to sus21 pend or make inapplicable section 307 of the Foreign As22 sistance Act of 1961 and that suspension is still in effect: 

23 Provided, That if the President fails to make the certifi24 cation under section 604(b)(2) of the Middle East Peace 

25 Facilitation Act of 1995 or to suspend the prohibition 

26 under other legislation, funds appropriated by this Act 
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1 may not be obligated for assistance for the Palestine Lib2 eration Organization for the West Bank and Gaza. 

3 WAR CRIMES TRIBUNALS DRAWDOWN

4 SEC. 545. If the President determines that doing so 

5 will contribute to a just resolution of charges regarding 

6 genocide or other violations of international humanitarian 

7 law, the President may direct a drawdown pursuant to sec8 tion 552(c) of the Foreign Assistance Act of 1961 of up 

9 to $30,000,000 of commodities and services for the United 

10 Nations War Crimes Tribunal established with regard to 

11 the former Yugoslavia by the United Nations Security 

12 Council or such other tribunals or commissions as the 

13 Council may establish or authorize to deal with such viola14 tions, without regard to the ceiling limitation contained 

15 in paragraph (2) thereof: Provided, That the determina16 tion required under this section shall be in lieu of any de17 terminations otherwise required under section 552(c): Pro18 vided further, That the drawdown made under this section 

19 for any tribunal shall not be construed as an endorsement 

20 or precedent for the establishment of any standing or per21 manent international criminal tribunal or court: Provided 

22 further, That funds made available for tribunals other 

23 than Yugoslavia, Rwanda, or the Special Court for Sierra 

24 Leone shall be made available subject to the regular notifi25 cation procedures of the Committees on Appropriations. 
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1 LANDMINES

2 SEC. 546. Notwithstanding any other provision of 

3 law, demining equipment available to the United States 

4 Agency for International Development and the Depart5 ment of State and used in support of the clearance of 

6 landmines and unexploded ordnance for humanitarian 

7 purposes may be disposed of on a grant basis in foreign 

8 countries, subject to such terms and conditions as the 

9 President may prescribe. 

10 RESTRICTIONS CONCERNING THE PALESTINIAN

11 AUTHORITY

12 SEC. 547. None of the funds appropriated by this Act 

13 may be obligated or expended to create in any part of Je14 rusalem a new office of any department or agency of the 

15 United States Government for the purpose of conducting 

16 official United States Government business with the Pal17 estinian Authority over Gaza and Jericho or any successor 

18 Palestinian governing entity provided for in the Israel19 PLO Declaration of Principles: Provided, That this re20 striction shall not apply to the acquisition of additional 

21 space for the existing Consulate General in Jerusalem: 

22 Provided further, That meetings between officers and em23 ployees of the United States and officials of the Pales24 tinian Authority, or any successor Palestinian governing 

25 entity provided for in the Israel-PLO Declaration of Prin26 ciples, for the purpose of conducting official United States 
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1 Government business with such authority should continue 

2 to take place in locations other than Jerusalem. As has 

3 been true in the past, officers and employees of the United 

4 States Government may continue to meet in Jerusalem on 

5 other subjects with Palestinians (including those who now 

6 occupy positions in the Palestinian Authority), have social 

7 contacts, and have incidental discussions. 

8 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

9 SEC. 548. None of the funds appropriated or other10 wise made available by this Act under the heading ‘‘Inter11 national Military Education and Training’’ or ‘‘Foreign 

12 Military Financing Program’’ for Informational Program 

13 activities or under the headings ‘‘Child Survival and 

14 Health Programs Fund’’, ‘‘Development Assistance’’, and 

15 ‘‘Economic Support Fund’’ may be obligated or expended 

16 to pay for—

17 (1) alcoholic beverages; or

18 (2) entertainment expenses for activities that 

19 are substantially of a recreational character, includ20 ing but not limited to entrance fees at sporting 

21 events, theatrical and musical productions, and 

22 amusement parks. 

23 HAITI

24 SEC. 549. The Government of Haiti shall be eligible 

25 to purchase defense articles and services under the Arms 
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1 Export Control Act (22 U.S.C. 2751 et seq.), for the Coast 

2 Guard. 

3 LIMITATION ON ASSISTANCE TO THE PALESTINIAN

4 AUTHORITY

5 SEC. 550. (a) PROHIBITION OF FUNDS.—None of the 

6 funds appropriated by this Act to carry out the provisions 

7 of chapter 4 of part II of the Foreign Assistance Act of 

8 1961 may be obligated or expended with respect to pro9 viding funds to the Palestinian Authority. 

10 (b) WAIVER.—The prohibition included in subsection 

11 (a) shall not apply if the President certifies in writing to 

12 the Speaker of the House of Representatives and the 

13 President pro tempore of the Senate that waiving such 

14 prohibition is important to the national security interests 

15 of the United States. 

16 (c) PERIOD OF APPLICATION OF WAIVER.—Any 

17 waiver pursuant to subsection (b) shall be effective for no 

18 more than a period of 6 months at a time and shall not 

19 apply beyond 12 months after the enactment of this Act. 

20 (d) REPORT.—Whenever the waiver authority pursu21 ant to subsection (b) is exercised, the President shall sub22 mit a report to the Committees on Appropriations detail23 ing the steps the Palestinian Authority has taken to arrest 

24 terrorists, confiscate weapons and dismantle the terrorist 

25 infrastructure. The report shall also include a description 
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1 of how funds will be spent and the accounting procedures 

2 in place to ensure that they are properly disbursed. 

3 LIMITATION ON ASSISTANCE TO SECURITY FORCES

4 SEC. 551. None of the funds made available by this 

5 Act may be provided to any unit of the security forces 

6 of a foreign country if the Secretary of State has credible 

7 evidence that such unit has committed gross violations of 

8 human rights, unless the Secretary determines and reports 

9 to the Committees on Appropriations that the government 

10 of such country is taking effective measures to bring the 

11 responsible members of the security forces unit to justice: 

12 Provided, That nothing in this section shall be construed 

13 to withhold funds made available by this Act from any 

14 unit of the security forces of a foreign country not credibly 

15 alleged to be involved in gross violations of human rights: 

16 Provided further, That in the event that funds are withheld 

17 from any unit pursuant to this section, the Secretary of 

18 State shall promptly inform the foreign government of the 

19 basis for such action and shall, to the maximum extent 

20 practicable, assist the foreign government in taking effec21 tive measures to bring the responsible members of the se22 curity forces to justice. 

23 FOREIGN MILITARY TRAINING REPORT

24 SEC. 552. The annual foreign military training report 

25 required by section 656 of the Foreign Assistance Act of 

26 1961 shall be submitted by the Secretary of Defense and 
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1 the Secretary of State to the Committees on Appropria2 tions of the House of Representatives and the Senate by 

3 the date specified in that section. 

4 AUTHORIZATION REQUIREMENT

5 SEC. 553. Funds appropriated by this Act, except 

6 funds appropriated under the headings ‘‘Trade and Devel7 opment Agency’’, ‘‘Millennium Challenge Corporation’’, 

8 and ‘‘Global HIV/AIDS Initiative’’, may be obligated and 

9 expended notwithstanding section 10 of Public Law 91–

10 672 and section 15 of the State Department Basic Au11 thorities Act of 1956. 

12 CAMBODIA

13 SEC. 554. The Secretary of the Treasury should in14 struct the United States executive directors of the inter15 national financial institutions to use the voice and vote 

16 of the United States to oppose loans to the Central Gov17 ernment of Cambodia, except loans to meet basic human 

18 needs. 

19 PALESTINIAN STATEHOOD

20 SEC. 555. (a) LIMITATION ON ASSISTANCE.—None 

21 of the funds appropriated by this Act may be provided 

22 to support a Palestinian state unless the Secretary of 

23 State determines and certifies to the appropriate congres24 sional committees that—
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1 (1) a new leadership of a Palestinian governing 

2 entity has been democratically elected through cred3 ible and competitive elections; 

4 (2) the elected governing entity of a new Pales5 tinian state—

6 (A) has demonstrated a firm commitment 

7 to peaceful co-existence with the State of Israel;

8 (B) is taking appropriate measures to 

9 counter terrorism and terrorist financing in the 

10 West Bank and Gaza, including the dismantling 

11 of terrorist infrastructures; 

12 (C) is establishing a new Palestinian secu13 rity entity that is cooperative with appropriate 

14 Israeli and other appropriate security organiza15 tions; and 

16 (3) the Palestinian Authority (or the governing 

17 body of a new Palestinian state) is working with 

18 other countries in the region to vigorously pursue ef19 forts to establish a just, lasting, and comprehensive 

20 peace in the Middle East that will enable Israel and 

21 an independent Palestinian state to exist within the 

22 context of full and normal relationships, which 

23 should include—

24 (A) termination of all claims or states of 

25 belligerency; 
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1 (B) respect for and acknowledgement of 

2 the sovereignty, territorial integrity, and polit3 ical independence of every state in the area 

4 through measures including the establishment 

5 of demilitarized zones; 

6 (C) their right to live in peace within se7 cure and recognized boundaries free from 

8 threats or acts of force; 

9 (D) freedom of navigation through inter10 national waterways in the area; and 

11 (E) a framework for achieving a just set12 tlement of the refugee problem. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that the newly elected governing entity should enact 

15 a constitution assuring the rule of law, an independent ju16 diciary, and respect for human rights for its citizens, and 

17 should enact other laws and regulations assuring trans18 parent and accountable governance. 

19 (c) WAIVER.—The President may waive subsection 

20 (a) if he determines that it is vital to the national security 

21 interests of the United States to do so. 

22 (d) EXEMPTION.—The restriction in subsection (a) 

23 shall not apply to assistance intended to help reform the 

24 Palestinian Authority and affiliated institutions, or a 

25 newly elected governing entity, in order to help meet the 
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1 requirements of subsection (a), consistent with the provi2 sions of section 550 of this Act (‘‘Limitation on Assistance 

3 to the Palestinian Authority’’). 

4 COLOMBIA

5 SEC. 556. (a) DETERMINATION AND CERTIFICATION

6 REQUIRED.—Notwithstanding any other provision of law, 

7 funds appropriated by this Act that are available for as8 sistance for the Colombian Armed Forces, may be made 

9 available as follows: 

10 (1) Up to 75 percent of such funds may be obli11 gated prior to a determination and certification by 

12 the Secretary of State pursuant to paragraph (2). 

13 (2) Up to 12.5 percent of such funds may be 

14 obligated only after the Secretary of State certifies 

15 and reports to the appropriate congressional com16 mittees that: 

17 (A) The Commander General of the Co18 lombian Armed Forces is suspending from the 

19 Armed Forces those members, of whatever rank 

20 who, according to the Minister of Defense or 

21 the Procuraduria General de la Nacion, have 

22 been credibly alleged to have committed gross 

23 violations of human rights, including extra-judi24 cial killings, or to have aided or abetted para25 military organizations. 
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1 (B) The Colombian Government is vigor2 ously investigating and prosecuting those mem3 bers of the Colombian Armed Forces, of what4 ever rank, who have been credibly alleged to 

5 have committed gross violations of human 

6 rights, including extra-judicial killings, or to 

7 have aided or abetted paramilitary organiza8 tions, and is promptly punishing those members 

9 of the Colombian Armed Forces found to have 

10 committed such violations of human rights or to 

11 have aided or abetted paramilitary organiza12 tions. 

13 (C) The Colombian Armed Forces have 

14 made substantial progress in cooperating with 

15 civilian prosecutors and judicial authorities in 

16 such cases (including providing requested infor17 mation, such as the identity of persons sus18 pended from the Armed Forces and the nature 

19 and cause of the suspension, and access to wit20 nesses, relevant military documents, and other 

21 requested information). 

22 (D) The Colombian Armed Forces have 

23 made substantial progress in severing links (in24 cluding denying access to military intelligence, 

25 vehicles, and other equipment or supplies, and 
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1 ceasing other forms of active or tacit coopera2 tion) at the command, battalion, and brigade 

3 levels, with paramilitary organizations, espe4 cially in regions where these organizations have 

5 a significant presence. 

6 (E) The Colombian Armed Forces are dis7 mantling paramilitary leadership and financial 

8 networks by arresting commanders and finan9 cial backers, especially in regions where these 

10 networks have a significant presence. 

11 (3) The balance of such funds may be obligated 

12 after July 31, 2005, if the Secretary of State cer13 tifies and reports to the appropriate congressional 

14 committees, after such date, that the Colombian 

15 Armed Forces are continuing to meet the conditions 

16 contained in paragraph (2) and are conducting vig17 orous operations to restore government authority 

18 and respect for human rights in areas under the ef19 fective control of paramilitary and guerrilla organi20 zations. 

21 (b) CONGRESSIONAL NOTIFICATION.—Funds made 

22 available by this Act for the Colombian Armed Forces 

23 shall be subject to the regular notification procedures of 

24 the Committees on Appropriations. 
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1 (c) CONSULTATIVE PROCESS.—Not later than 60 

2 days after the date of enactment of this Act, and every 

3 90 days thereafter until September 30, 2006, the Sec4 retary of State shall consult with internationally recog5 nized human rights organizations regarding progress in 

6 meeting the conditions contained in that subsection. 

7 (d) DEFINITIONS.—In this section: 

8 (1) AIDED OR ABETTED.—The term ‘‘aided or 

9 abetted’’ means to provide any support to para10 military groups, including taking actions which 

11 allow, facilitate, or otherwise foster the activities of 

12 such groups. 

13 (2) PARAMILITARY GROUPS.—The term ‘‘para14 military groups’’ means illegal self-defense groups 

15 and illegal security cooperatives. 

16 ILLEGAL ARMED GROUPS

17 SEC. 557. (a) DENIAL OF VISAS TO SUPPORTERS OF

18 COLOMBIAN ILLEGAL ARMED GROUPS.—Subject to sub19 section (b), the Secretary of State shall not issue a visa 

20 to any alien who the Secretary determines, based on cred21 ible evidence—

22 (1) has willfully provided any support to the 

23 Revolutionary Armed Forces of Colombia (FARC), 

24 the National Liberation Army (ELN), or the United 

25 Self-Defense Forces of Colombia (AUC), including 

26 taking actions or failing to take actions which allow, 
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1 facilitate, or otherwise foster the activities of such 

2 groups; or 

3 (2) has committed, ordered, incited, assisted, or 

4 otherwise participated in the commission of gross 

5 violations of human rights, including extra-judicial 

6 killings, in Colombia. 

7 (b) WAIVER.—Subsection (a) shall not apply if the 

8 Secretary of State determines and certifies to the appro9 priate congressional committees, on a case-by-case basis, 

10 that the issuance of a visa to the alien is necessary to 

11 support the peace process in Colombia or for urgent hu12 manitarian reasons. 

13 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

14 BROADCASTING CORPORATION

15 SEC. 558. None of the funds appropriated or other16 wise made available by this Act may be used to provide 

17 equipment, technical support, consulting services, or any 

18 other form of assistance to the Palestinian Broadcasting 

19 Corporation. 

20 WEST BANK AND GAZA PROGRAM

21 SEC. 559. (a) OVERSIGHT.—For fiscal year 2005, 30 

22 days prior to the initial obligation of funds for the bilateral 

23 West Bank and Gaza Program, the Secretary of State 

24 shall certify to the appropriate committees of Congress 

25 that procedures have been established to assure the Comp26 troller General of the United States will have access to 
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1 appropriate United States financial information in order 

2 to review the uses of United States assistance for the Pro3 gram funded under the heading ‘‘Economic Support 

4 Fund’’ for the West Bank and Gaza. 

5 (b) VETTING.—Prior to the obligation of funds ap6 propriated by this Act under the heading ‘‘Economic Sup7 port Fund’’ for assistance for the West Bank and Gaza, 

8 the Secretary of State shall take all appropriate steps to 

9 ensure that such assistance is not provided to or through 

10 any individual, private or government entity, or edu11 cational institution that the Secretary knows or has reason 

12 to believe advocates, plans, sponsors, engages in, or has 

13 engaged in, terrorist activity. The Secretary of State shall, 

14 as appropriate, establish procedures specifying the steps 

15 to be taken in carrying out this subsection and shall termi16 nate assistance to any individual, entity, or educational in17 stitution found to be involved in or advocating terrorist 

18 activity. 

19 (c) AUDITS.—(1) The Administrator of the United 

20 States Agency for International Development shall ensure 

21 that Federal or non-Federal audits of all contractors and 

22 grantees, and significant subcontractors and subgrantees, 

23 under the West Bank and Gaza Program, are conducted 

24 at least on an annual basis to ensure, among other things, 

25 compliance with this section. 
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1 (2) Of the funds appropriated by this Act under the 

2 heading ‘‘Economic Support Fund’’ that are made avail3 able for assistance for the West Bank and Gaza, up to 

4 $1,000,000 may be used by the Office of the Inspector 

5 General of the United States Agency for International De6 velopment for audits, inspections, and other activities in 

7 furtherance of the requirements of this subsection. Such 

8 funds are in addition to funds otherwise available for such 

9 purposes. 

10 CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

11 SEC. 560. (a) LIMITATIONS ON AMOUNT OF CON12 TRIBUTION.—Of the amounts made available under 

13 ‘‘International Organizations and Programs’’, 

14 $25,000,000 for fiscal year 2005 shall be available for the 

15 United Nations Population Fund (hereafter in this section 

16 referred to as the ‘‘UNFPA’’).

17 (b) PROHIBITION ON USE OF FUNDS IN CHINA.—

18 None of the funds made available under ‘‘International 

19 Organizations and Programs’’ may be made available for 

20 the UNFPA for a country program in the People’s Repub21 lic of China. 

22 (c) CONDITIONS ON AVAILABILITY OF FUNDS.—

23 Amounts made available under ‘‘International Organiza24 tions and Programs’’ for fiscal year 2005 for the UNFPA 

25 may not be made available to UNFPA unless—
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1 (1) the UNFPA maintains amounts made avail2 able to the UNFPA under this section in an account 

3 separate from other accounts of the UNFPA; 

4 (2) the UNFPA does not commingle amounts 

5 made available to the UNFPA under this section 

6 with other sums; and 

7 (3) the UNFPA does not fund abortions. 

8 WAR CRIMINALS

9 SEC. 561. (a)(1) None of the funds appropriated or 

10 otherwise made available pursuant to this Act may be 

11 made available for assistance, and the Secretary of the 

12 Treasury shall instruct the United States executive direc13 tors to the international financial institutions to vote 

14 against any new project involving the extension by such 

15 institutions of any financial or technical assistance, to any 

16 country, entity, or municipality whose competent authori17 ties have failed, as determined by the Secretary of State, 

18 to take necessary and significant steps to implement its 

19 international legal obligations to apprehend and transfer 

20 to the International Criminal Tribunal for the former 

21 Yugoslavia (the ‘‘Tribunal’’) all persons in their territory 

22 who have been indicted by the Tribunal and to otherwise 

23 cooperate with the Tribunal. 

24 (2) The provisions of this subsection shall not apply 

25 to humanitarian assistance or assistance for democratiza26 tion. 
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1 (b) The provisions of subsection (a) shall apply unless 

2 the Secretary of State determines and reports to the ap3 propriate congressional committees that the competent au4 thorities of such country, entity, or municipality are—

5 (1) cooperating with the Tribunal, including ac6 cess for investigators to archives and witnesses, the 

7 provision of documents, and the surrender and 

8 transfer of indictees or assistance in their apprehen9 sion; and

10 (2) are acting consistently with the Dayton Ac11 cords. 

12 (c) Not less than 10 days before any vote in an inter13 national financial institution regarding the extension of 

14 any new project involving financial or technical assistance 

15 or grants to any country or entity described in subsection 

16 (a), the Secretary of the Treasury, in consultation with 

17 the Secretary of State, shall provide to the Committees 

18 on Appropriations a written justification for the proposed 

19 assistance, including an explanation of the United States 

20 position regarding any such vote, as well as a description 

21 of the location of the proposed assistance by municipality, 

22 its purpose, and its intended beneficiaries. 

23 (d) In carrying out this section, the Secretary of 

24 State, the Administrator of the United States Agency for 

25 International Development, and the Secretary of the 
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1 Treasury shall consult with representatives of human 

2 rights organizations and all government agencies with rel3 evant information to help prevent indicted war criminals 

4 from benefiting from any financial or technical assistance 

5 or grants provided to any country or entity described in 

6 subsection (a). 

7 (e) The Secretary of State may waive the application 

8 of subsection (a) with respect to projects within a country, 

9 entity, or municipality upon a written determination to the 

10 Committees on Appropriations that such assistance di11 rectly supports the implementation of the Dayton Accords. 

12 (f) DEFINITIONS.—As used in this section—

13 (1) COUNTRY.—The term ‘‘country’’ means 

14 Bosnia and Herzegovina, Croatia and Serbia. 

15 (2) ENTITY.—The term ‘‘entity’’ refers to the 

16 Federation of Bosnia and Herzegovina, Kosovo, 

17 Montenegro and the Republika Srpska. 

18 (3) MUNICIPALITY.—The term ‘‘municipality’’ 

19 means a city, town or other subdivision within a 

20 country or entity as defined herein. 

21 (4) DAYTON ACCORDS.—The term ‘‘Dayton Ac22 cords’’ means the General Framework Agreement 

23 for Peace in Bosnia and Herzegovina, together with 

24 annexes relating thereto, done at Dayton, November 

25 10 through 16, 1995. 
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1 USER FEES

2 SEC. 562. The Secretary of the Treasury shall in3 struct the United States Executive Director at each inter4 national financial institution (as defined in section 

5 1701(c)(2) of the International Financial Institutions Act) 

6 and the International Monetary Fund to oppose any loan, 

7 grant, strategy or policy of these institutions that would 

8 require user fees or service charges on poor people for pri9 mary education or primary healthcare, including preven10 tion and treatment efforts for HIV/AIDS, malaria, tuber11 culosis, and infant, child, and maternal well-being, in con12 nection with the institutions’ financing programs. 

13 FUNDING FOR SERBIA

14 SEC. 563. (a) Funds appropriated by this Act may 

15 be made available for assistance for Serbia after March 

16 31, 2005, if the President has made the determination and 

17 certification contained in subsection (c). 

18 (b) After March 31, 2005, the Secretary of the Treas19 ury should instruct the United States executive directors 

20 to the international financial institutions to support loans 

21 and assistance to the Government of the Federal Republic 

22 of Yugoslavia (or a government of a successor state) sub23 ject to the conditions in subsection (c): Provided, That sec24 tion 576 of the Foreign Operations, Export Financing, 

25 and Related Programs Appropriations Act, 1997, as 

26 amended, shall not apply to the provision of loans and as-
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1 sistance to the Federal Republic of Yugoslavia (or a suc2 cessor state) through international financial institutions. 

3 (c) The determination and certification referred to in 

4 subsection (a) is a determination by the President and a 

5 certification to the Committees on Appropriations that the 

6 Government of the Federal Republic of Yugoslavia (or a 

7 government of a successor state) is—

8 (1) cooperating with the International Criminal 

9 Tribunal for the former Yugoslavia including access 

10 for investigators, the provision of documents, and 

11 the surrender and transfer of indictees or assistance 

12 in their apprehension, including making all prac13 ticable efforts to apprehend and transfer Ratko 

14 Mladic; 

15 (2) taking steps that are consistent with the 

16 Dayton Accords to end Serbian financial, political, 

17 security and other support which has served to 

18 maintain separate Republika Srpska institutions; 

19 and 

20 (3) taking steps to implement policies which re21 flect a respect for minority rights and the rule of 

22 law, including the release of political prisoners from 

23 Serbian jails and prisons. 

24 (d) This section shall not apply to Montenegro, 

25 Kosovo, humanitarian assistance, assistance to promote 
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1 democracy in municipalities, or assistance to nongovern2 mental organizations to promote democracy. 

3 COMMUNITY-BASED POLICE ASSISTANCE

4 SEC. 564. (a) AUTHORITY.—Funds made available 

5 by this Act to carry out the provisions of chapter 1 of 

6 part I and chapter 4 of part II of the Foreign Assistance 

7 Act of 1961, may be used, notwithstanding section 660 

8 of that Act, to enhance the effectiveness and account9 ability of civilian police authority in Jamaica and El Sal10 vador through training and technical assistance in human 

11 rights, the rule of law, strategic planning, and through as12 sistance to foster civilian police roles that support demo13 cratic governance including assistance for programs to 

14 prevent conflict and foster improved police relations with 

15 the communities they serve. 

16 (b) NOTIFICATION.—Assistance provided under sub17 section (a) shall be subject to the regular notification pro18 cedures of the Committees on Appropriations. 

19 SPECIAL DEBT RELIEF FOR THE POOREST

20 SEC. 565. (a) AUTHORITY TO REDUCE DEBT.—The 

21 President may reduce amounts owed to the United States 

22 (or any agency of the United States) by an eligible country 

23 as a result of—

24 (1) guarantees issued under sections 221 and 

25 222 of the Foreign Assistance Act of 1961; 
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1 (2) credits extended or guarantees issued under 

2 the Arms Export Control Act; or 

3 (3) any obligation or portion of such obligation, 

4 to pay for purchases of United States agricultural 

5 commodities guaranteed by the Commodity Credit 

6 Corporation under export credit guarantee programs 

7 authorized pursuant to section 5(f) of the Com8 modity Credit Corporation Charter Act of June 29, 

9 1948, as amended, section 4(b) of the Food for 

10 Peace Act of 1966, as amended (Public Law 89–

11 808), or section 202 of the Agricultural Trade Act 

12 of 1978, as amended (Public Law 95–501). 

13 (b) LIMITATIONS.—

14 (1) The authority provided by subsection (a) 

15 may be exercised only to implement multilateral offi16 cial debt relief and referendum agreements, com17 monly referred to as ‘‘Paris Club Agreed Minutes’’. 

18 (2) The authority provided by subsection (a) 

19 may be exercised only in such amounts or to such 

20 extent as is provided in advance by appropriations 

21 Acts. 

22 (3) The authority provided by subsection (a) 

23 may be exercised only with respect to countries with 

24 heavy debt burdens that are eligible to borrow from 

25 the International Development Association, but not 
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1 from the International Bank for Reconstruction and 

2 Development, commonly referred to as ‘‘IDA-only’’ 

3 countries. 

4 (c) CONDITIONS.—The authority provided by sub5 section (a) may be exercised only with respect to a country 

6 whose government—

7 (1) does not have an excessive level of military 

8 expenditures; 

9 (2) has not repeatedly provided support for acts 

10 of international terrorism; 

11 (3) is not failing to cooperate on international 

12 narcotics control matters; 

13 (4) (including its military or other security 

14 forces) does not engage in a consistent pattern of 

15 gross violations of internationally recognized human 

16 rights; and 

17 (5) is not ineligible for assistance because of the 

18 application of section 527 of the Foreign Relations 

19 Authorization Act, Fiscal Years 1994 and 1995. 

20 (d) AVAILABILITY OF FUNDS.—The authority pro21 vided by subsection (a) may be used only with regard to 

22 the funds appropriated by this Act under the heading 

23 ‘‘Debt Restructuring’’. 

24 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A re25 duction of debt pursuant to subsection (a) shall not be 
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1 considered assistance for the purposes of any provision of 

2 law limiting assistance to a country. The authority pro3 vided by subsection (a) may be exercised notwithstanding 

4 section 620(r) of the Foreign Assistance Act of 1961 or 

5 section 321 of the International Development and Food 

6 Assistance Act of 1975. 

7 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

8 SEC. 566. (a) LOANS ELIGIBLE FOR SALE, REDUC9 TION, OR CANCELLATION.—

10 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

11 CERTAIN LOANS.—Notwithstanding any other provi12 sion of law, the President may, in accordance with 

13 this section, sell to any eligible purchaser any 

14 concessional loan or portion thereof made before 

15 January 1, 1995, pursuant to the Foreign Assist16 ance Act of 1961, to the government of any eligible 

17 country as defined in section 702(6) of that Act or 

18 on receipt of payment from an eligible purchaser, re19 duce or cancel such loan or portion thereof, only for 

20 the purpose of facilitating—

21 (A) debt-for-equity swaps, debt-for-develop22 ment swaps, or debt-for-nature swaps; or 

23 (B) a debt buyback by an eligible country 

24 of its own qualified debt, only if the eligible 

25 country uses an additional amount of the local 

26 currency of the eligible country, equal to not 
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1 less than 40 percent of the price paid for such 

2 debt by such eligible country, or the difference 

3 between the price paid for such debt and the 

4 face value of such debt, to support activities 

5 that link conservation and sustainable use of 

6 natural resources with local community develop7 ment, and child survival and other child devel8 opment, in a manner consistent with sections 

9 707 through 710 of the Foreign Assistance Act 

10 of 1961, if the sale, reduction, or cancellation 

11 would not contravene any term or condition of 

12 any prior agreement relating to such loan. 

13 (2) TERMS AND CONDITIONS.—Notwithstanding 

14 any other provision of law, the President shall, in ac15 cordance with this section, establish the terms and 

16 conditions under which loans may be sold, reduced, 

17 or canceled pursuant to this section. 

18 (3) ADMINISTRATION.—The Facility, as defined 

19 in section 702(8) of the Foreign Assistance Act of 

20 1961, shall notify the administrator of the agency 

21 primarily responsible for administering part I of the 

22 Foreign Assistance Act of 1961 of purchasers that 

23 the President has determined to be eligible, and 

24 shall direct such agency to carry out the sale, reduc25 tion, or cancellation of a loan pursuant to this sec-
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1 tion. Such agency shall make adjustment in its ac2 counts to reflect the sale, reduction, or cancellation. 

3 (4) LIMITATION.—The authorities of this sub4 section shall be available only to the extent that ap5 propriations for the cost of the modification, as de6 fined in section 502 of the Congressional Budget Act 

7 of 1974, are made in advance. 

8 (b) DEPOSIT OF PROCEEDS.—The proceeds from the 

9 sale, reduction, or cancellation of any loan sold, reduced, 

10 or canceled pursuant to this section shall be deposited in 

11 the United States Government account or accounts estab12 lished for the repayment of such loan.

13 (c) ELIGIBLE PURCHASERS.—A loan may be sold 

14 pursuant to subsection (a)(1)(A) only to a purchaser who 

15 presents plans satisfactory to the President for using the 

16 loan for the purpose of engaging in debt-for-equity swaps, 

17 debt-for-development swaps, or debt-for-nature swaps. 

18 (d) DEBTOR CONSULTATIONS.—Before the sale to 

19 any eligible purchaser, or any reduction or cancellation 

20 pursuant to this section, of any loan made to an eligible 

21 country, the President should consult with the country 

22 concerning the amount of loans to be sold, reduced, or 

23 canceled and their uses for debt-for-equity swaps, debt24 for-development swaps, or debt-for-nature swaps. 
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1 (e) AVAILABILITY OF FUNDS.—The authority pro2 vided by subsection (a) may be used only with regard to 

3 funds appropriated by this Act under the heading ‘‘Debt 

4 Restructuring’’. 

5 BASIC EDUCATION

6 SEC. 567. Of the funds appropriated by title II of 

7 this Act, not less than $400,000,000 shall be made avail8 able for basic education. 

9 RECONCILIATION PROGRAMS

10 SEC. 568. Of the funds appropriated under the head11 ing ‘‘Economic Support Fund’’, not less than $12,000,000 

12 should be made available to support reconciliation pro13 grams and activities which bring together individuals of 

14 different ethnic, religious, and political backgrounds from 

15 areas of civil conflict and war. 

16 DEBT RESTRUCTURING AUTHORITY

17 SEC. 569. Funds appropriated under the heading 

18 ‘‘Iraq Relief and Reconstruction Fund’’ in title II of the 

19 Emergency Supplemental Appropriations Act for Defense 

20 and for the Reconstruction of Iraq and Afghanistan, 2004 

21 (Public Law 108–106) may be made available for the 

22 costs, as defined in section 502 of the Congressional 

23 Budget Act of 1974, of modifying direct loans and loan 

24 guarantees for Iraq, without regard to the sectoral alloca25 tions and related provisos under that heading in such Act: 

26 Provided, That the authority of this section shall be used 
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1 subject to prior consultation with the Committees on Ap2 propriations: Provided further, That the obligation of 

3 funds pursuant to the authority provided in this section 

4 shall be subject to the regular notification procedures of 

5 the Committees on Appropriations: Provided further, That 

6 amounts made available pursuant to the authority of this 

7 section are designated as an emergency requirement pur8 suant to section 402 of S. Con. Res. 95 (108th Congress), 

9 as made applicable to the House of Representatives by H. 

10 Res. 649 (108th Congress): Provided further, That 

11 amounts made available pursuant to the authority of this 

12 section shall not be considered ‘‘assistance’’ for the pur13 poses of provisions of law limiting assistance to a country. 

14 TRADE CAPACITY BUILDING

15 SEC. 570. Of the funds appropriated by this Act, 

16 under the headings ‘‘Trade and Development Agency’’, 

17 ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, 

18 ‘‘Economic Support Fund’’, ‘‘International Affairs Tech19 nical Assistance’’, and ‘‘International Organizations and 

20 Programs’’, not less than $517,000,000 should be made 

21 available for trade capacity building assistance. 

22 EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH

23 EUROPEAN COUNTRIES AND CERTAIN OTHER COUNTRIES

24 SEC. 571. Notwithstanding section 516(e) of the For25 eign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during 

26 fiscal year 2005, funds available to the Department of De-
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1 fense may be expended for crating, packing, handling, and 

2 transportation of excess defense articles transferred under 

3 the authority of section 516 of such Act to Albania, Bul4 garia, Croatia, Estonia, Former Yugoslavian Republic of 

5 Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Lat6 via, Lithuania, Moldova, Mongolia, Pakistan, Romania, 

7 Slovakia, Tajikistan, Turkmenistan, Ukraine, and 

8 Uzbekistan. 

9 CUBA

10 SEC. 572. None of the funds appropriated by this Act 

11 under the heading ‘‘International Narcotics Control and 

12 Law Enforcement’’ may be made available for assistance 

13 to the Government of Cuba. 

14 OFFICE OF THE INSPECTOR GENERAL OF THE COALITION

15 PROVISIONAL AUTHORITY

16 SEC. 573. (a) ESTABLISHMENT OF NEW OFFICE.—

17 (1) The Office of the Inspector General of the Coalition 

18 Provisional Authority shall be reconstituted as a separate 

19 office within the Department of State and redesignated 

20 the Office of the Inspector General for Iraq Reconstruc21 tion (hereinafter ‘‘the Office’’). 

22 (2) Any reference in title III of Public Law 108–106 

23 to the ‘‘Office of the Inspector of the Coalition Provisional 

24 Authority’’ or to the ‘‘Inspector General of the Coalition 

25 Provisional Authority’’ shall be deemed to be a reference 

26 to the Office of the Inspector General for Iraq Reconstruc-
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1 tion or the Inspector General for Iraq Reconstruction, re2 spectively. 

3 (3) Any reference in title III of Public Law 108–106 

4 to ‘‘appropriated funds’’ shall be deemed to be a reference 

5 to funds appropriated in that Act and in Public Law 108–

6 11 under the heading ‘‘Iraq Relief and Reconstruction 

7 Fund’’. 

8 (b) INSPECTOR GENERAL OF THE OFFICE.—The In9 spector General of the Coalition Provisional Authority 

10 (hereinafter ‘‘the Inspector General’’) and Assistant In11 spectors General of that office should be reappointed by 

12 the Secretary of State to serve in the same capacity in 

13 the Office established by subsection (a). 

14 (c) PURPOSE AND AUTHORITIES.—(1) The Inspector 

15 General shall—

16 (A) conduct independent and objective audits 

17 and investigations relating to the programs and op18 erations funded with amounts appropriated for the 

19 ‘‘Iraq Relief and Reconstruction Fund’’; 

20 (B) make independent and objective rec21 ommendations on policies designed to promote econ22 omy, efficiency, and effectiveness in the administra23 tion of such programs and operations, and to pre24 vent and detect fraud, waste, and abuse in such pro25 grams and operations; and 
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1 (C) provide an independent and objective means 

2 of keeping the Secretary of State fully and currently 

3 informed about problems and deficiencies relating to 

4 the administration of such programs and operations 

5 and the necessity for and progress of corrective ac6 tion. 

7 (2) The Inspector General shall have the duties, re8 sponsibilities, powers, and authorities described in sections 

9 3001 (f), (g), and (h) of Public Law 108–106. 

10 (d) RELATIONSHIP TO THE SECRETARY OF STATE.—

11 (1) The Inspector General shall report directly 

12 to and be under the supervision of the Secretary of 

13 State. 

14 (2) Any reference in title III of Public Law 

15 108–106 to the ‘‘Coalition Provisional Authority’’ or 

16 to the ‘‘head of the Coalition Provisional Authority’’ 

17 shall be deemed to be a reference to the Department 

18 of State or to the Secretary of State, respectively. 

19 (e) COORDINATION WITH OTHER INSPECTORS GEN20 ERAL.—In carrying out the duties, responsibilities, and 

21 authorities of the Inspector General, the Inspector General 

22 shall coordinate with, and receive the cooperation of, the 

23 Inspector General of the Department of State, the Inspec24 tor General of the Department of Defense, the Inspector 

25 General of the United States Agency for International De-
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1 velopment, and any other Inspector General carrying out 

2 functions related to the provision of reconstruction assist3 ance for Iraq with funds appropriated for ‘‘Iraq Relief and 

4 Reconstruction Fund’’. 

5 (f) FUNDING.—Funds available pursuant to section 

6 3001(n) of Public Law 108–106 shall be transferred to 

7 the Office and used for purposes of this section. 

8 (g) The Office of Inspector General for Iraq Recon9 struction shall terminate on September 30, 2007. 

10 OVERSIGHT OF IRAQ RECONSTRUCTION

11 SEC. 574. (a) Section 2207(a) of the Emergency Sup12 plemental Appropriations Act for Defense and for the Re13 construction of Iraq and Afghanistan, 2004 (Public Law 

14 108–106), is amended by striking ‘‘The Director of the 

15 Office of Management and Budget, in consultation with 

16 the Administrator of the Coalition Provisional Authority 

17 (CPA) and the Committees on Appropriations,’’ and in18 serting ‘‘The Secretary of State’’. 

19 (b) The allocation of any funds appropriated under 

20 the heading ‘‘Iraq Relief and Reconstruction Fund’’ in 

21 chapter 2 of title II of Public Law 108–106 for adminis22 trative expenses purposes pursuant to the authority con23 tained in the seventh proviso under that heading, shall be 

24 subject to the regular notification procedures of the Com25 mittees on Appropriations. 
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1 INDONESIA

2 SEC. 575. Congress notes that the Indonesian Gov3 ernment and Armed Forces have pledged to cooperate with 

4 the Federal Bureau of Investigation with respect to its in5 vestigation into the August 31, 2002, murders of two 

6 American citizens and one Indonesian citizen in Timika, 

7 Indonesia. Therefore, funds appropriated under the head8 ing ‘‘International Military Education and Training’’ may 

9 be made available for Indonesia if the Secretary of State 

10 determines and reports to the appropriate congressional 

11 committees that the Indonesian Government and Armed 

12 Forces are cooperating with the Federal Bureau of Inves13 tigation’s investigation: Provided, That this restriction 

14 shall not apply to expanded international military edu15 cation and training, which may include English language 

16 training. 

17 This Act may be cited as the ‘‘Foreign Operations, 

18 Export Financing, and Related Programs Appropriations 

19 Act, 2005’’. 

Union Calendar No. 359

108TH CONGRESS 

2D SESSION H. R. 4818

[Report No. 108–599] 

A BILL

Making appropriations for foreign operations, exother purposes. cal year ending September 30, 2005, and for port financing, and related programs for the fisJULY 13, 2004

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed