In the Senate of the United States,

September 23, 2004.

Resolved, That the bill from the House of Representatives (H.R. 4818) entitled ‘‘An Act making appropriations for

foreign operations, export financing, and related programs for

the fiscal year ending September 30, 2005, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2005, and for other pur4 poses, namely:
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HR 4818 EAS

1 TITLE I—EXPORT AND INVESTMENT ASSISTANCE

2 EXPORT-IMPORT BANK OF THE UNITED STATES

3 INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK

4 For necessary expenses of the Office of Inspector Gen5 eral in carrying out the provisions of the Inspector General

6 Act of 1978, as amended, $1,140,000.

7 EXPORT-IMPORT BANK LOANS PROGRAM ACCOUNT

8 The Export-Import Bank of the United States is au9 thorized to make such expenditures within the limits of

10 funds and borrowing authority available to such corpora11 tion, and in accordance with law, and to make such con12 tracts and commitments without regard to fiscal year limi13 tations, as provided by section 104 of the Government Cor14 poration Control Act, as may be necessary in carrying out

15 the program for the current fiscal year for such corporation:

16 Provided, That none of the funds available during the cur17 rent fiscal year may be used to make expenditures, con18 tracts, or commitments for the export of nuclear equipment,

19 fuel, or technology to any country, other than a nuclear20 weapon state as defined in Article IX of the Treaty on the

21 Non-Proliferation of Nuclear Weapons eligible to receive

22 economic or military assistance under this Act, that has

23 detonated a nuclear explosive after the date of the enactment

24 of this Act: Provided further, That notwithstanding section

25 1(c) of Public Law 103–428, as amended, sections 1(a) and
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1 (b) of Public Law 103–428 shall remain in effect through

2 October 1, 2005.

3 SUBSIDY APPROPRIATION

4 For the cost of direct loans, loan guarantees, insurance,

5 and tied-aid grants as authorized by section 10 of the Ex6 port-Import Bank Act of 1945, as amended, $115,700,000,

7 to remain available until September 30, 2008: Provided,

8 That such costs, including the cost of modifying such loans,

9 shall be as defined in section 502 of the Congressional Budg10 et Act of 1974: Provided further, That such sums shall re11 main available until September 30, 2023 for the disburse12 ment of direct loans, loan guarantees, insurance and tied13 aid grants obligated in fiscal years 2005, 2006, 2007, and

14 2008: Provided further, That none of the funds appro15 priated by this Act or any prior Act appropriating funds

16 for foreign operations, export financing, and related pro17 grams for tied-aid credits or grants may be used for any

18 other purpose except through the regular notification proce19 dures of the Committees on Appropriations: Provided fur20 ther, That funds appropriated by this paragraph are made

21 available notwithstanding section 2(b)(2) of the Export-Im22 port Bank Act of 1945, in connection with the purchase

23 or lease of any product by any Eastern European country,

24 any Baltic State or any agency or national thereof: Pro25 vided further, That not later than 30 days after the date

26 of enactment of this Act, the Export-Import Bank shall sub-
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1 mit a report to the Committees on Appropriations of the

2 House of Representatives and the Senate, containing an

3 analysis of the economic impact on United States producers

4 of ethanol of the extension of credit and financial guaran5 tees for the development of an ethanol dehydration plant

6 in Trinidad and Tobago, including a determination of

7 whether such extension will cause substantial injury to such

8 producers, as defined in section 2(e)(4) of the Export-Im9 port Bank Act of 1945 (12 U.S.C. 635(e)(4)): Provided fur10 ther, That the Export-Import Bank shall consult with the

11 Committees on Appropriations and the Senate Committee

12 on Finance prior to extending direct credit or financial

13 guarantee to establish or expand the production of indige14 nous products for export by a beneficiary country pursuant

15 to section 423 of the Tax Reform Act of 1986 (19 U.S.C.

16 2703 note).

17 ADMINISTRATIVE EXPENSES

18 For administrative expenses to carry out the direct

19 and guaranteed loan and insurance programs, including

20 hire of passenger motor vehicles and services as authorized

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

22 reception and representation expenses for members of the

23 Board of Directors, $73,200,000: Provided, That the Ex24 port-Import Bank may accept, and use, payment or services

25 provided by transaction participants for legal, financial,

26 or technical services in connection with any transaction for
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1 which an application for a loan, guarantee or insurance

2 commitment has been made: Provided further, That, not3 withstanding subsection (b) of section 117 of the Export En4 hancement Act of 1992, subsection (a) thereof shall remain

5 in effect until October 1, 2005.

6 OVERSEAS PRIVATE INVESTMENT CORPORATION

7 NONCREDIT ACCOUNT

8 The Overseas Private Investment Corporation is au9 thorized to make, without regard to fiscal year limitations,

10 as provided by 31 U.S.C. 9104, such expenditures and com11 mitments within the limits of funds available to it and in

12 accordance with law as may be necessary: Provided, That

13 the amount available for administrative expenses to carry

14 out the credit and insurance programs (including an

15 amount for official reception and representation expenses

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

17 $42,885,000: Provided further, That project-specific trans18 action costs, including direct and indirect costs incurred

19 in claims settlements, and other direct costs associated with

20 services provided to specific investors or potential investors

21 pursuant to section 234 of the Foreign Assistance Act of

22 1961, shall not be considered administrative expenses for

23 the purposes of this heading.

24 PROGRAM ACCOUNT

25 For the cost of direct and guaranteed loans,

26 $24,000,000, as authorized by section 234 of the Foreign
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1 Assistance Act of 1961, to be derived by transfer from the

2 Overseas Private Investment Corporation Non-Credit Ac3 count: Provided, That such costs, including the cost of modi4 fying such loans, shall be as defined in section 502 of the

5 Congressional Budget Act of 1974: Provided further, That

6 such sums shall be available for direct loan obligations and

7 loan guaranty commitments incurred or made during fiscal

8 years 2005 and 2006: Provided further, That such sums

9 shall remain available through fiscal year 2013 for the dis10 bursement of direct and guaranteed loans obligated in fiscal

11 year 2005, and through fiscal year 2014 for the disburse12 ment of direct and guaranteed loans obligated in fiscal year

13 2006.

14 In addition, such sums as may be necessary for admin15 istrative expenses to carry out the credit program may be

16 derived from amounts available for administrative expenses

17 to carry out the credit and insurance programs in the Over18 seas Private Investment Corporation Noncredit Account

19 and merged with said account.

20 FUNDS APPROPRIATED TO THE PRESIDENT

21 TRADE AND DEVELOPMENT AGENCY

22 For necessary expenses to carry out the provisions of

23 section 661 of the Foreign Assistance Act of 1961,

24 $49,000,000, to remain available until September 30, 2006.
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1 TITLE II—BILATERAL ECONOMIC ASSISTANCE

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 For expenses necessary to enable the President to carry

4 out the provisions of the Foreign Assistance Act of 1961,

5 and for other purposes, to remain available until September

6 30, 2005, unless otherwise specified herein, as follows:

7 UNITED STATES AGENCY FOR INTERNATIONAL

8 DEVELOPMENT

9 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses to carry out the provisions of

12 chapters 1 and 10 of part I of the Foreign Assistance Act

13 of 1961, for child survival, health, and family planning/

14 reproductive health activities, in addition to funds other15 wise available for such purposes, $1,550,000,000, to remain

16 available until September 30, 2007: Provided, That this

17 amount shall be made available for such activities as: (1)

18 immunization programs; (2) oral rehydration programs;

19 (3) health, nutrition, water and sanitation programs which

20 directly address the needs of mothers and children, and re21 lated education programs; (4) assistance for children dis22 placed or orphaned by causes other than AIDS; (5) pro23 grams for the prevention, treatment, control of, and research

24 on HIV/AIDS, tuberculosis, polio, malaria, and other infec25 tious diseases, and for assistance to communities severely

26 affected by HIV/AIDS, including children displaced or or-
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1 phaned by AIDS; and (6) family planning/reproductive

2 health: Provided further, That none of the funds appro3 priated under this heading may be made available for non4 project assistance, except that funds may be made available

5 for such assistance for ongoing health activities: Provided

6 further, That of the funds appropriated under this heading,

7 not to exceed $250,000, in addition to funds otherwise

8 available for such purposes, may be used to monitor and

9 provide oversight of child survival, maternal and family

10 planning/reproductive health, and infectious disease pro11 grams: Provided further, That the following amounts should

12 be allocated as follows: $345,000,000 for child survival and

13 maternal health; $30,000,000 for vulnerable children;

14 $600,000,000 for HIV/AIDS including not less than

15 $32,000,000 to support the development of microbicides as

16 a means for combating HIV/AIDS; $200,000,000 for other

17 infectious diseases; and $375,000,000 for family planning/

18 reproductive health, including in areas where population

19 growth threatens biodiversity or endangered species: Pro20 vided further, That of the funds appropriated under this

21 heading, not less than $250,000,000 shall be made available,

22 notwithstanding any other provision of law, except for the

23 United States Leadership Against HIV/AIDS, Tuberculosis

24 and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 1701

25 et seq.) as amended, for a United States contribution to the
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1 Global Fund to Fight AIDS, Tuberculosis and Malaria (the

2 ‘‘Global Fund’’), and shall be expended at the minimum

3 rate necessary to make timely payment for projects and ac4 tivities: Provided further, That of the funds appropriated

5 under this heading that are available for HIV/AIDS pro6 grams and activities, not less than $28,000,000 should be

7 made available for the International AIDS Vaccine Initia8 tive and not less than $28,000,000 should be made available

9 for a United States contribution to UNAIDS: Provided fur10 ther, That of the funds appropriated under this heading,

11 $65,000,000 should be made available for a United States

12 contribution to The Vaccine Fund, and up to $6,000,000

13 may be transferred to and merged with funds appropriated

14 by this Act under the heading ‘‘Operating Expenses of the

15 United States Agency for International Development’’ for

16 costs directly related to international health, but funds

17 made available for such costs may not be derived from

18 amounts made available for contribution under this and

19 preceding provisos: Provided further, That restrictions with

20 respect to assistance provided with funds appropriated by

21 this Act for HIV/AIDS, family planning, or child survival

22 and health activities shall not be construed to restrict assist23 ance in support of programs to expand the availability and

24 use of condoms for HIV/AIDS prevention and of contracep25 tives to reduce the incidence of abortion: Provided further,
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1 That nothing in this paragraph shall be construed to alter

2 any existing statutory prohibitions against abortion under

3 section 104 of the Foreign Assistance Act of 1961: Provided

4 further, That none of the funds made available in this Act

5 nor any unobligated balances from prior appropriations

6 may be made available to any organization or program

7 which, as determined by the President of the United States,

8 directly supports coercive abortion or involuntary steriliza9 tion: Provided further, That the previous proviso shall not

10 be construed to deny funding to any organization or pro11 gram solely because the government of a country engages

12 in coercive abortion or involuntary sterilization: Provided

13 further, That none of the funds made available under this

14 Act may be used to pay for the performance of abortion

15 as a method of family planning or to motivate or coerce

16 any person to practice abortions: Provided further, That

17 none of the funds made available under this Act may be

18 used to lobby for or against abortion: Provided further, That

19 in order to reduce reliance on abortion in developing na20 tions, funds shall be available only to voluntary family

21 planning projects which offer, either directly or through re22 ferral to, or information about access to, a broad range of

23 family planning methods and services, and that any such

24 voluntary family planning project shall meet the following

25 requirements: (1) service providers or referral agents in the
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1 project shall not implement or be subject to quotas, or other

2 numerical targets, of total number of births, number of fam3 ily planning acceptors, or acceptors of a particular method

4 of family planning (this provision shall not be construed

5 to include the use of quantitative estimates or indicators

6 for budgeting and planning purposes); (2) the project shall

7 not include payment of incentives, bribes, gratuities, or fi8 nancial reward to: (A) an individual in exchange for be9 coming a family planning acceptor; or (B) program per10 sonnel for achieving a numerical target or quota of total

11 number of births, number of family planning acceptors, or

12 acceptors of a particular method of family planning; (3)

13 the project shall not deny any right or benefit, including

14 the right of access to participate in any program of general

15 welfare or the right of access to health care, as a consequence

16 of any individual’s decision not to accept family planning

17 services; (4) the project shall provide family planning ac18 ceptors comprehensible information on the health benefits

19 and risks of the method chosen, including those conditions

20 that might render the use of the method inadvisable and

21 those adverse side effects known to be consequent to the use

22 of the method; and (5) the project shall ensure that experi23 mental contraceptive drugs and devices and medical proce24 dures are provided only in the context of a scientific study

25 in which participants are advised of potential risks and
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1 benefits; and, not less than 60 days after the date on which

2 the Administrator of the United States Agency for Inter3 national Development determines that there has been a vio4 lation of the requirements contained in paragraph (1), (2),

5 (3), or (5) of this proviso, or a pattern or practice of viola6 tions of the requirements contained in paragraph (4) of this

7 proviso, the Administrator shall submit to the Committees

8 on Appropriations a report containing a description of such

9 violation and the corrective action taken by the Agency:

10 Provided further, That in awarding grants for natural fam11 ily planning under section 104 of the Foreign Assistance

12 Act of 1961 no applicant shall be discriminated against be13 cause of such applicant’s religious or conscientious commit14 ment to offer only natural family planning; and, addition15 ally, all such applicants shall comply with the requirements

16 of the previous proviso: Provided further, That for purposes

17 of this or any other Act authorizing or appropriating funds

18 for foreign operations, export financing, and related pro19 grams, the term ‘‘motivate’’, as it relates to family planning

20 assistance, shall not be construed to prohibit the provision,

21 consistent with local law, of information or counseling

22 about all pregnancy options: Provided further, That infor23 mation provided about the use of condoms as part of

24 projects or activities that are funded from amounts appro25 priated by this Act shall be medically accurate and shall
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1 include the public health benefits and failure rates of such

2 use.

3 DEVELOPMENT ASSISTANCE

4 For necessary expenses of the United States Agency for

5 International Development to carry out the provisions of

6 sections 103, 105, 106, and 131, and chapter 10 of part

7 I of the Foreign Assistance Act of 1961, $1,460,000,000, to

8 remain available until September 30, 2006: Provided, That

9 none of the funds appropriated under title II of this Act

10 that are managed by or allocated to the United States Agen11 cy for International Development’s Global Development

12 Secretariat, may be made available except through the reg13 ular notification procedures of the Committees on Appro14 priations: Provided further, That of the funds appropriated

15 under this heading that are made available for assistance

16 programs for displaced and orphaned children and victims

17 of war, not to exceed $37,500, in addition to funds otherwise

18 available for such purposes, may be used to monitor and

19 provide oversight of such programs: Provided further, That

20 of the aggregate amount of the funds appropriated by this

21 Act that are made available for agriculture and rural devel22 opment programs, $40,000,000 shall be made available for

23 plant biotechnology research and development: Provided

24 further, That not less than $2,300,000 shall be made avail25 able for core support for the International Fertilizer Devel26 opment Center: Provided further, That of the funds appro-
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1 priated under this heading, not less than $22,000,000

2 should be made available for the American Schools and

3 Hospitals Abroad program: Provided further, That of the

4 funds appropriated under this heading, not less than

5 $1,000,000 shall be made available for support of the United

6 States Telecommunications Training Institute: Provided

7 further, That of the funds appropriated under this heading,

8 not less than $2,000,000 shall be made available for support

9 of the International Real Property Foundation: Provided

10 further, That of the funds appropriated under this heading,

11 not less than $5,000,000 should be made available for pilot

12 programs in the Democratic Republic of the Congo, Ugan13 da, Burundi, and Liberia to address sexual and gender14 based violence: Provided further, That of the funds appro15 priated under this heading, in addition to funds made

16 available pursuant to the previous proviso, not less than

17 $8,000,000 should be made available for assistance for Libe18 ria: Provided further, That of the funds appropriated under

19 this heading, $2,000,000 shall be made available for Water

20 Missions International to develop clean water treatment

21 projects in developing countries: Provided further, That of

22 the funds appropriated by this Act, $100,000,000 shall be

23 made available for drinking water supply projects and re24 lated activities.
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1 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

2 For necessary expenses of the United States Agency for

3 International Development to carry out the provisions of

4 section 491 of the Foreign Assistance Act of 1961 for inter5 national disaster relief, rehabilitation, and reconstruction

6 assistance, $335,500,000, to remain available until ex7 pended.

8 In addition, for necessary expenses for assistance for

9 famine prevention and relief, including for mitigation of

10 the effects of famine, $50,000,000, to remain available until

11 expended: Provided, That such funds shall be made avail12 able utilizing the general authorities of section 491 of the

13 Foreign Assistance Act of 1961, and shall be in addition

14 to amounts otherwise available for such purposes: Provided

15 further, That funds appropriated by this paragraph shall

16 be available for obligation subject to prior consultation with

17 the Committees on Appropriations.

18 TRANSITION INITIATIVES

19 For necessary expenses for international disaster reha20 bilitation and reconstruction assistance pursuant to section

21 491 of the Foreign Assistance Act of 1961, $50,000,000, to

22 remain available until expended, to support transition to

23 democracy and to long-term development of countries in cri24 sis: Provided, That such support may include assistance to

25 develop, strengthen, or preserve democratic institutions and

26 processes, revitalize basic infrastructure, and foster the
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1 peaceful resolution of conflict: Provided further, That the

2 United States Agency for International Development shall

3 submit a report to the Committees on Appropriations at

4 least 5 days prior to beginning a new program of assist5 ance: Provided further, That if the President determines

6 that is important to the national interests of the United

7 States to provide transition assistance in excess of the

8 amount appropriated under this heading, up to

9 $15,000,000 of the funds appropriated by this Act to carry

10 out the provisions of part I of the Foreign Assistance Act

11 of 1961 may be used for purposes of this heading and under

12 the authorities applicable to funds appropriated under this

13 heading: Provided further, That funds made available pur14 suant to the previous proviso shall be made available subject

15 to prior consultation with the Committees on Appropria16 tions.

17 DEVELOPMENT CREDIT AUTHORITY

18 (INCLUDING TRANSFER OF FUNDS)

19 For the cost of direct loans and loan guarantees pro20 vided by the United States Agency for International Devel21 opment, as authorized by sections 108 and 635 of the For22 eign Assistance Act of 1961, funds may be derived by trans23 fer from funds appropriated by this Act to carry out part

24 I of such Act and under the heading ‘‘Assistance for Eastern

25 Europe and the Baltic States’’: Provided, That such funds

26 shall not exceed $21,000,000, which shall be made available
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1 only for micro and small enterprise programs, urban pro2 grams, and other programs which further the purposes of

3 part I of the Act: Provided further, That such costs, includ4 ing the cost of modifying such direct and guaranteed loans,

5 shall be as defined in section 502 of the Congressional Budg6 et Act of 1974, as amended: Provided further, That these

7 funds are available to subsidize total loan principal, any

8 part of which is to be guaranteed, of up to $700,000,000:

9 Provided further, That the provisions of section 107A(d)

10 (relating to general provisions applicable to the Develop11 ment Credit Authority) of the Foreign Assistance Act of

12 1961, as contained in section 306 of H.R. 1486 as reported

13 by the House Committee on International Relations on May

14 9, 1997, shall be applicable to direct loans and loan guaran15 tees provided under this heading: Provided further, That

16 funds made available by this paragraph may be used for

17 the cost of modifying any such guaranteed loans under this

18 Act or prior Acts, and funds used for such costs shall be

19 subject to the regular notification procedures of the Commit20 tees on Appropriations.

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 Oper25 ating 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 Act

8 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 of

12 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 International

20 Development, unless the Administrator has identified such

21 proposed construction (including architect and engineering

22 services), purchase, or long-term lease of offices in a report

23 submitted to the Committees on Appropriations at least 15

24 days prior to the obligation of these funds for such purposes:

25 Provided further, That the previous proviso shall not apply

26 where the total cost of construction (including architect and
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1 engineering services), purchase, or long-term lease of offices

2 does not exceed $1,000,000: Provided further, That contracts

3 or agreements entered into with funds appropriated under

4 this heading may entail commitments for the expenditure

5 of such funds through fiscal year 2006: Provided further,

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

7 a new overseas mission of the United States Agency for

8 International Development without the prior written notifi9 cation of the Committees on Appropriations: Provided fur10 ther, That the authority of sections 610 and 109 of the For11 eign Assistance Act of 1961 may be exercised by the Sec12 retary of State to transfer funds appropriated to carry out

13 chapter 1 of part I of such Act to ‘‘Operating Expenses of

14 the United States Agency for International Development’’

15 in accordance with the provisions of those sections.

16 CAPITAL INVESTMENT FUND

17 For necessary expenses for overseas construction and

18 related costs, and for the procurement and enhancement of

19 information technology and related capital investments,

20 pursuant to section 667 of the Foreign Assistance Act of

21 1961, $59,000,000, to remain available until expended: Pro22 vided, That this amount is in addition to funds otherwise

23 available for such purposes: Provided further, That the Ad24 ministrator of the United States Agency for International

25 Development shall assess fair and reasonable rental pay26 ments for the use of space by employees of other United
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1 States Government agencies in buildings constructed using

2 funds appropriated under this heading, and such rental

3 payments shall be deposited into this account as an offset4 ting collection: Provided further, That the rental payments

5 collected pursuant to the previous proviso and deposited as

6 an offsetting collection shall be available for obligation only

7 pursuant to the regular notification procedures of the Com8 mittees on Appropriations: Provided further, That the as9 signment of United States Government employees or con10 tractors to space in buildings constructed using funds ap11 propriated under this heading shall be subject to the concur12 rence of the Administrator of the United States Agency for

13 International Development: Provided further, That funds

14 appropriated under this heading shall be available for obli15 gation only pursuant to the regular notification procedures

16 of the Committees on Appropriations.

17 OPERATING EXPENSES OF THE UNITED STATES AGENCY

18 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN19 SPECTOR GENERAL

20 For necessary expenses to carry out the provisions of

21 section 667 of the Foreign Assistance Act of 1961,

22 $35,000,000, to remain available until September 30, 2006,

23 which sum shall be available for the Office of the Inspector

24 General of the United States Agency for International De25 velopment.
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1 OTHER BILATERAL ECONOMIC ASSISTANCE

2 ECONOMIC SUPPORT FUND

3 For necessary expenses to carry out the provisions of

4 chapter 4 of part II, $2,470,000,000, to remain available

5 until September 30, 2006: Provided, That of the funds ap6 propriated under this heading, not less than $360,000,000

7 shall be available only for Israel, which sum shall be avail8 able on a grant basis as a cash transfer and shall be dis9 bursed within 30 days of the enactment of this Act or by

10 October 31, 2004, whichever is later: Provided further, That

11 not less than $535,000,000 shall be available only for

12 Egypt, which sum shall be provided on a grant basis, and

13 of which sum cash transfer assistance shall be provided with

14 the understanding that Egypt will undertake significant

15 economic and political reforms which are additional to

16 those which were undertaken in previous fiscal years, and

17 of which not more than $200,000,000 shall be provided as

18 Commodity Import Program assistance: Provided further,

19 That with respect to the provision of assistance for Egypt

20 for democracy and governance activities, the organizations

21 implementing such assistance and the specific nature of

22 that assistance shall not be subject to the prior approval

23 by the Government of Egypt: Provided further, That in ex24 ercising the authority to provide cash transfer assistance

25 for Israel, the President shall ensure that the level of such
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HR 4818 EAS

1 assistance does not cause an adverse impact on the total

2 level of nonmilitary exports from the United States to such

3 country and that Israel enters into a side letter agreement

4 in an amount proportional to the fiscal year 1999 agree5 ment: Provided further, That of the funds appropriated

6 under this heading, not less than $250,000,000 shall be

7 made available only for assistance for Jordan: Provided

8 further, That funds appropriated under this heading shall

9 be made available for administrative costs of the United

10 States Agency for International Development to implement

11 regional programs in Asia and the Near East, including

12 the Middle East Partnership Initiative, in addition to

13 amounts otherwise available for such purposes: Provided

14 further, That $13,500,000 of the funds appropriated under

15 this heading shall be made available for Cyprus to be used

16 only for scholarships, administrative support of the scholar17 ship program, bicommunal projects, and measures aimed

18 at reunification of the island and designed to reduce ten19 sions and promote peace and cooperation between the two

20 communities on Cyprus: Provided further, That

21 $35,000,000 of the funds appropriated under this heading

22 shall be made available for assistance for Lebanon, of which

23 not less than $4,000,000 should be made available to Amer24 ican educational institutions for scholarships and direct

25 support: Provided further, That notwithstanding section
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HR 4818 EAS

1 5034(a) of this Act, funds appropriated under this heading

2 that are made available for assistance for the Central Gov3 ernment of Lebanon shall be subject to the regular notifica4 tion procedures of the Committees on Appropriations: Pro5 vided further, That not to exceed $200,000,000 of the funds

6 appropriated under this heading may be used for the costs,

7 as defined in section 502 of the Congressional Budget Act

8 of 1974, of modifying direct loans and guarantees for Paki9 stan: Provided further, That amounts that are made avail10 able under the previous proviso for the costs of modifying

11 direct loans and guarantees shall not be considered ‘‘assist12 ance’’ for the purposes of provisions of law limiting assist13 ance to a country: Provided further, That of the funds ap14 propriated under this heading, not less than $22,000,000

15 shall be made available for assistance for the Democratic

16 Republic of Timor-Leste, of which up to $1,000,000 may

17 be available for administrative expenses of the United

18 States Agency for International Development: Provided fur19 ther, That of the funds available under this heading for as20 sistance for Indonesia, not less than $3,000,000 shall be

21 made available to Internews to promote freedom of the

22 media in Indonesia and not less than $2,000,000 shall be

23 made available for economic development programs con24 ducted by Indonesian universities: Provided further, That

25 of the funds available under this heading for assistance for
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HR 4818 EAS

1 Jordan, $5,000,000 should be made available for the Rosary

2 Sisters Hospital in Jordan: Provided further, That of the

3 funds available under this heading for the ‘‘Middle East

4 Partnership Initiative’’, up to $4,500,000 may be made

5 available for scholarship programs for students from coun6 tries with significant Muslim populations at American in7 stitutions of higher education in the Middle East that are

8 accredited by an accrediting agency recognized by the

9 United States Department of Education: Provided further,

10 That of the funds appropriated under this heading, not less

11 than $2,500,000 should be made available for technical as12 sistance for countries to implement and enforce the Kim13 berley Process Certification Scheme: Provided further, That

14 of the funds appropriated under this heading, not less than

15 $3,750,000 should be made available for East Asia and Pa16 cific Environment Initiatives: Provided further, That of the

17 funds appropriated under this heading, not less than

18 $10,000,000 should be made available for assistance for

19 Kenya: Provided further, That of the funds appropriated

20 under this heading, not less than $25,000,000 should be

21 made available for assistance for Liberia: Provided further,

22 That of the funds appropriated under this heading, not less

23 than $500,000 should be made available to support the

24 Commission to Investigate Illegal Groups and Clandestine

25 Security Apparatus in Guatemala: Provided further, That
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HR 4818 EAS

1 of the funds appropriated under this heading, $3,000,000

2 shall be made available for the Foundation for Security and

3 Sustainability: Provided further, That of the funds appro4 priated under this heading that are made available for as5 sistance for Pakistan, not less than $10,000,000 should be

6 made available to support programs and activities con7 ducted by indigenous organizations that seek to further edu8 cational, health, employment, and other opportunities for

9 the people of Pakistan, of which up to $4,000,000 should

10 be made available for the Pakistan Human Development

11 Fund and $1,000,000 for the Amanut Society: Provided fur12 ther, That of the funds appropriated under this heading,

13 $10,000,000 shall be made available to continue to support

14 the provision of wheelchairs for needy persons in developing

15 countries: Provided further, That funds appropriated under

16 this heading that are made available for a Middle East Fi17 nancing Facility, Middle East Enterprise Fund, or any

18 other similar entity in the Middle East shall be subject to

19 the regular notification procedures of the Committees on

20 Appropriations: Provided further, That with respect to

21 funds appropriated under this heading in this Act or prior

22 Acts making appropriations for foreign operations, export

23 financing, and related programs, the responsibility for pol24 icy decisions and justifications for the use of such funds,

25 including whether there will be a program for a country
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HR 4818 EAS

1 that uses those funds and the amount of each such program,

2 shall be the responsibility of the Secretary of State and the

3 Deputy Secretary of State and this responsibility shall not

4 be delegated.

5 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

6 STATES

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

8 of the Foreign Assistance Act of 1961 and the Support for

9 East European Democracy (SEED) Act of 1989,

10 $410,000,000, to remain available until September 30,

11 2006, which shall be available, notwithstanding any other

12 provision of law, for assistance and for related programs

13 for Eastern Europe and the Baltic States: Provided, That

14 of the funds appropriated under this heading that are made

15 available for assistance for Bulgaria, $2,000,000 shall be

16 made available to enhance safety at nuclear power plants:

17 Provided further, That of the funds appropriated under this

18 heading, not more than $87,000,000 may be made available

19 for assistance for Serbia: Provided further, That the amount

20 contained in the previous proviso shall be reduced by an

21 amount equal to the amount of financial and other support,

22 as determined by the Secretary of State, that Serbia has

23 provided to Slobodan Milosevic and other indicted war

24 criminals, and their families, during calendar year 2004:

25 Provided further, That funds appropriated under this head26 ing shall be made available for programs and countries in
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HR 4818 EAS

1 the amounts contained in the table included in the report

2 accompanying this Act: Provided further, That any pro3 posed increases or decreases to the amounts contained in

4 such table shall be subject to the regular notification proce5 dures of the Committees on Appropriations and section

6 634A of the Foreign Assistance Act of 1961 and notifica7 tions shall be transmitted at least 15 days in advance of

8 the obligation of funds.

9 (b) Funds appropriated under this heading shall be

10 considered to be economic assistance under the Foreign As11 sistance Act of 1961 for purposes of making available the

12 administrative authorities contained in that Act for the use

13 of economic assistance.

14 (c) Notwithstanding any provision of this or any other

15 Act, local currencies generated by, or converted from, funds

16 appropriated by this Act and by previous appropriations

17 Acts and made available for the economic revitalization

18 program in Bosnia may be used in Eastern Europe and

19 the Baltic States to carry out the provisions of the Foreign

20 Assistance Act of 1961 and the Support for East European

21 Democracy (SEED) Act of 1989.

22 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

23 FORMER SOVIET UNION

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

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

26 Act of 1961 and the FREEDOM Support Act, for assistance
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HR 4818 EAS

1 for the Independent States of the former Soviet Union and

2 for related programs, $560,000,000, to remain available

3 until September 30, 2006: Provided, That the provisions of

4 such chapters shall apply to funds appropriated by this

5 paragraph: Provided further, That funds made available for

6 the Southern Caucasus region may be used, notwith7 standing any other provision of law, for confidence-building

8 measures and other activities in furtherance of the peaceful

9 resolution of the regional conflicts, especially those in the

10 vicinity of Abkhazia and Nagorno-Karabagh: Provided fur11 ther, That of the funds appropriated under this heading,

12 $8,000,000 should be available only to meet the health and

13 other assistance needs of victims of trafficking in persons:

14 Provided further, That of the funds appropriated under this

15 heading, $20,000,000 shall be made available solely for as16 sistance for the Russian Far East: Provided further, That

17 of the funds appropriated under this heading, $6,000,000

18 should be made available for an emergency operations cen19 ter in Kazakhstan: Provided further, That, notwithstanding

20 any other provision of law, funds appropriated under this

21 heading in this Act or prior Acts making appropriations

22 for foreign operations, export financing, and related pro23 grams, that are made available pursuant to the provisions

24 of section 807 of Public Law 102–511 shall be subject to

25 a 6 percent ceiling on administrative expenses: Provided
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HR 4818 EAS

1 further, That funds appropriated under this heading shall

2 be made available for programs and countries in the

3 amounts contained in the table included in the report ac4 companying this Act: Provided further, That any proposed

5 increases or decreases to the amounts contained in such

6 table shall be subject to the regular notification procedures

7 of the Committees on Appropriations and section 634A of

8 the Foreign Assistance Act of 1961 and notifications shall

9 be transmitted at least 15 days in advance of the obligation

10 of funds.

11 (b) Of the funds appropriated under this heading that

12 are made available for assistance for Ukraine, not less than

13 $5,000,000 shall be made available for nuclear reactor safe14 ty initiatives, and not less than $3,000,000 shall be made

15 available for coal mine safety programs.

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

17 less than $93,000,000 shall be made available for assistance

18 for Russia, of which not less than $4,000,000 shall be made

19 available to the National Endowment for Democracy for de20 mocracy, human rights and rule of law programs.

21 (d) Of the funds appropriated under this heading, not

22 less than $75,000,000 shall be made available for assistance

23 for Armenia.
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HR 4818 EAS

1 (e) Of the funds appropriated under this heading, not

2 less than $6,500,000 shall be made available for democracy,

3 human rights, and rule of law programs in Belarus.

4 (f)(1) Of the funds appropriated under this heading

5 that are allocated for assistance for the Government of the

6 Russian Federation, 60 percent shall be withheld from obli7 gation until the President determines and certifies in writ8 ing to the Committees on Appropriations that the Govern9 ment of the Russian Federation:

10 (A) has terminated implementation of arrange11 ments to provide Iran with technical expertise, train12 ing, technology, or equipment necessary to develop a

13 nuclear reactor, related nuclear research facilities or

14 programs, or ballistic missile capability; and

15 (B) is providing full access to international non16 government organizations providing humanitarian

17 relief to refugees and internally displaced persons in

18 Chechnya.

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

20 (A) assistance to combat infectious diseases, child

21 survival activities, or assistance for victims of traf22 ficking in persons; and

23 (B) activities authorized under title V (Non24 proliferation and Disarmament Programs and Activi25 ties) of the FREEDOM Support Act.
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HR 4818 EAS

1 (g) Section 907 of the FREEDOM Support Act shall

2 not apply to—

3 (1) activities to support democracy or assistance

4 under title V of the FREEDOM Support Act and sec5 tion 1424 of Public Law 104–201 or non-proliferation

6 assistance;

7 (2) any assistance provided by the Trade and

8 Development Agency under section 661 of the Foreign

9 Assistance Act of 1961 (22 U.S.C. 2421);

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

11 United States and Foreign Commercial Service while

12 acting within his or her official capacity;

13 (4) any insurance, reinsurance, guarantee or

14 other assistance provided by the Overseas Private In15 vestment Corporation under title IV of chapter 2 of

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

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

18 (5) any financing provided under the Export19 Import Bank Act of 1945; or

20 (6) humanitarian assistance.

21 INDEPENDENT AGENCIES

22 INTER-AMERICAN FOUNDATION

23 For necessary expenses to carry out the functions of

24 the Inter-American Foundation in accordance with the pro-
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HR 4818 EAS

1 visions of section 401 of the Foreign Assistance Act of 1969,

2 $19,000,000, to remain available until September 30, 2006.

3 AFRICAN DEVELOPMENT FOUNDATION

4 For necessary expenses to carry out title V of the Inter5 national Security and Development Cooperation Act of

6 1980, Public Law 96–533, $20,000,000, to remain available

7 until September 30, 2006: Provided, That funds made

8 available to grantees may be invested pending expenditure

9 for project purposes when authorized by the board of direc10 tors of the Foundation: Provided further, That interest

11 earned shall be used only for the purposes for which the

12 grant was made: Provided further, That notwithstanding

13 section 505(a)(2) of the African Development Foundation

14 Act, in exceptional circumstances the board of directors of

15 the Foundation may waive the $250,000 limitation con16 tained in that section with respect to a project: Provided

17 further, That the Foundation shall provide a report to the

18 Committees on Appropriations after each time such waiver

19 authority is exercised.

20 PEACE CORPS

21 For necessary expenses to carry out the provisions of

22 the Peace Corps Act (75 Stat. 612), $310,000,000, including

23 the purchase of not to exceed five passenger motor vehicles

24 for administrative purposes for use outside of the United

25 States: Provided, That none of the funds appropriated

26 under this heading shall be used to pay for abortions: Pro-
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HR 4818 EAS

1 vided further, That funds appropriated under this heading

2 shall remain available until September 30, 2006.

3 MILLENNIUM CHALLENGE CORPORATION

4 For necessary expenses for the ‘‘Millennium Challenge

5 Account’’, $1,120,000,000, to remain available until ex6 pended.

7 DEPARTMENT OF STATE

8 GLOBAL HIV/AIDS INITIATIVE

9 For necessary expenses to carry out the provisions of

10 the Foreign Assistance Act of 1961 for the prevention, treat11 ment, and control of, and research on, HIV/AIDS,

12 $1,450,000,000, to remain available until expended: Pro13 vided, That increased emphasis should be given to building

14 local capacity of foreign governments and nongovernmental

15 organizations to implement sustainable HIV/AIDS preven16 tion, care and treatment programs as a component of na17 tional health care delivery systems: Provided further, That

18 of the funds appropriated under this heading, $25,000,000

19 shall be made available for HIV/AIDS education and out20 reach programs that utilize state of the art information

21 technology: Provided further, That of the funds appro22 priated under the headings ‘‘Assistance for Eastern Europe

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

24 States of the Former Soviet Union’’, ‘‘Andean Counterdrug

25 Initiative’’, ‘‘Foreign Military Financing Program’’, and

26 ‘‘Economic Support Fund’’, not less than $42,000,000 shall
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HR 4818 EAS

1 be made available for programs for the prevention, treat2 ment, and control of, and research on, HIV/AIDS, tuber3 culosis, and malaria: Provided further, That of the funds

4 appropriated under this heading, not more than $8,818,000

5 may be made available for administrative expenses of the

6 office of the Coordinator of United States Government Ac7 tivities to Combat HIV/AIDS Globally of the Department

8 of State.

9 INTERNATIONAL NARCOTICS CONTROL AND LAW

10 ENFORCEMENT

11 For necessary expenses to carry out section 481 of the

12 Foreign Assistance Act of 1961, $328,820,000, to remain

13 available until September 30, 2007: Provided, That during

14 fiscal year 2005, the Department of State may also use the

15 authority of section 608 of the Foreign Assistance Act of

16 1961, without regard to its restrictions, to receive excess

17 property from an agency of the United States Government

18 for the purpose of providing it to a foreign country under

19 chapter 8 of part I of that Act subject to the regular notifi20 cation procedures of the Committees on Appropriations:

21 Provided further, That of the funds appropriated under this

22 heading, $15,000,000 should be made available for anti23 trafficking in persons programs, including trafficking pre24 vention, protection and assistance for victims, and prosecu25 tion of traffickers: Provided further, That the Secretary of

26 State shall provide to the Committees on Appropriations
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HR 4818 EAS

1 not later than 45 days after the date of the enactment of

2 this Act and prior to the initial obligation of funds appro3 priated under this heading, a report on the proposed uses

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

5 basis for each proposed program, project, or activity: Pro6 vided further, That of the funds appropriated under this

7 heading, not less than $17,000,000 should be made available

8 for training programs and activities of the International

9 Law Enforcement Academies: Provided further, That of the

10 funds appropriated under this heading, not less than

11 $12,000,000 shall be made available for assistance for the

12 Philippines for police training and other related activities:

13 Provided further, That of the funds appropriated under this

14 heading, $3,000,000 shall be made available for assistance

15 for the Government of Malta for the purchase of helicopters

16 to enhance its ability to control its borders and deter terror17 ists: Provided further, That of the funds appropriated under

18 this heading, $5,000,000 shall be made available for com19 bating piracy of United States intellectual property: Pro20 vided further, That of the funds appropriated under this

21 heading, not less than $1,500,000 should be made available

22 to the International Foundation of Hope for alternative

23 crop programs in Nangarhar Province, Afghanistan: Pro24 vided further, That of the funds appropriated under this

25 heading, not less than $1,000,000 should be made available
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HR 4818 EAS

1 for police training in the Democratic Republic of Timor2 Leste: Provided further, That of the funds appropriated

3 under this heading, not more than $26,117,000 may be

4 available for administrative expenses.

5 ANDEAN COUNTERDRUG INITIATIVE

6 For necessary expenses to carry out section 481 of the

7 Foreign Assistance Act of 1961 to support counterdrug ac8 tivities in the Andean region of South America,

9 $731,000,000, to remain available until September 30,

10 2007: Provided, That in fiscal year 2005, funds available

11 to the Department of State for assistance to the Government

12 of Colombia shall be available to support a unified cam13 paign against narcotics trafficking, against activities by or14 ganizations designated as terrorist organizations such as

15 the Revolutionary Armed Forces of Colombia (FARC), the

16 National Liberation Army (ELN), and the United Self-De17 fense Forces of Colombia (AUC), and to take actions to pro18 tect human health and welfare in emergency circumstances,

19 including undertaking rescue operations: Provided further,

20 That this authority shall cease to be effective if the Secretary

21 of State has credible evidence that the Colombian Armed

22 Forces are not conducting vigorous operations to restore

23 government authority and respect for human rights in areas

24 under the effective control of paramilitary and guerrilla or25 ganizations: Provided further, That the President shall en26 sure that if any helicopter procured with funds under this
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HR 4818 EAS

1 heading is used to aid or abet the operations of any illegal

2 self-defense group or illegal security cooperative, such heli3 copter shall be immediately returned to the United States:

4 Provided further, That the Secretary of State, in consulta5 tion with the Administrator of the United States Agency

6 for International Development, shall provide to the Com7 mittees on Appropriations not later than 45 days after the

8 date of the enactment of this Act and prior to the initial

9 obligation of funds appropriated under this heading, a re10 port on the proposed uses of all funds under this heading

11 on a country-by-country basis for each proposed program,

12 project, or activity: Provided further, That of the funds ap13 propriated under this heading, not less than $272,000,000

14 shall be made available for alternative development/institu15 tion building, of which $240,000,000 shall be apportioned

16 directly to the United States Agency for International De17 velopment, including $140,000,000 for assistance for Co18 lombia: Provided further, That with respect to funds appor19 tioned to the United States Agency for International Devel20 opment under the previous proviso, the responsibility for

21 policy decisions for the use of such funds, including what

22 activities will be funded and the amount of funds that will

23 be provided for each of those activities, shall be the responsi24 bility of the Administrator of the United States Agency for

25 International Development in consultation with the Assist-
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1 ant Secretary of State for International Narcotics and Law

2 Enforcement Affairs: Provided further, That of the funds

3 appropriated under this heading, not less than $6,000,000

4 should be made available for judicial reform programs in

5 Colombia: Provided further, That of the funds appropriated

6 under this heading, in addition to funds made available

7 pursuant to the previous proviso, not less than $6,000,000

8 shall be made available to the United States Agency for

9 International Development for organizations and programs

10 to protect human rights: Provided further, That funds ap11 propriated by this Act that are otherwise available for such

12 purposes may be made available to support the demobiliza13 tion of illegal armed groups in Colombia only if the Sec14 retary of State certifies to the Committees on Appropria15 tions that: (1) the Colombian legal framework governing the

16 demobilization of such groups provides for prosecution and

17 punishment, in proportion to the crimes committed, of those

18 responsible for gross violations of human rights and drug

19 trafficking; (2) actions are being taken by the Government

20 of Colombia to ensure the dismantling of underlying struc21 tures of such groups, including the seizure of financial and

22 real property assets; (3) actions are being taken by the Gov23 ernment of Colombia to enable the return of civilians forc24 ibly displaced by such groups; and (4) the Government of

25 Colombia has not enacted legislation inconsistent with its
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HR 4818 EAS

1 obligations under the United States-Colombian treaty on

2 extradition, and has committed to the United States that

3 it will continue to extradite Colombian citizens to the

4 United States, including members of such illegal armed

5 groups, in accordance with that treaty: Provided further,

6 That not more than 20 percent of the funds appropriated

7 by this Act that are used for the procurement of chemicals

8 for aerial coca and poppy fumigation programs may be

9 made available for such programs unless the Secretary of

10 State certifies to the Committees on Appropriations that:

11 (1) the herbicide mixture is being used in accordance with

12 EPA label requirements for comparable use in the United

13 States and with Colombian laws; and (2) the herbicide mix14 ture, in the manner it is being used, does not pose unreason15 able risks or adverse effects to humans or the environment:

16 Provided further, That such funds may not be made avail17 able unless the Secretary of State certifies to the Committees

18 on Appropriations that complaints of harm to health or

19 licit crops caused by such fumigation are evaluated and fair

20 compensation is being paid for meritorious claims: Pro21 vided further, That such funds may not be made available

22 for such purposes unless programs are being implemented

23 by the United States Agency for International Development,

24 the Government of Colombia, or other organizations, in con25 sultation with local communities, to provide alternative
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HR 4818 EAS

1 sources of income in areas where security permits for small2 acreage growers whose illicit crops are targeted for fumiga3 tion: Provided further, That of the funds appropriated

4 under this heading, not less than $2,000,000 should be made

5 available through nongovernmental organizations for pro6 grams to protect biodiversity and indigenous reserves in Co7 lombia: Provided further, That funds appropriated by this

8 Act may be used for aerial fumigation in Colombia’s na9 tional parks or reserves only if the Secretary of State cer10 tifies that it is in accordance with Colombian laws and that

11 there are no effective alternatives to reduce drug cultivation

12 in these areas: Provided further, That section 482(b) of the

13 Foreign Assistance Act of 1961 shall not apply to funds

14 appropriated under this heading: Provided further, That

15 assistance provided with funds appropriated under this

16 heading that is made available notwithstanding section

17 482(b) of the Foreign Assistance Act of 1961 shall be made

18 available subject to the regular notification procedures of

19 the Committees on Appropriations: Provided further, That

20 no United States Armed Forces personnel or United States

21 civilian contractor employed by the United States will par22 ticipate in any combat operation in connection with assist23 ance made available by this Act for Colombia: Provided fur24 ther, That funds appropriated under this heading that are

25 available for assistance for the Bolivian military and police
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HR 4818 EAS

1 are subject to the regular notification procedures of the

2 Committees on Appropriations and may be made available

3 for such purposes only if the Bolivian military and police

4 are respecting human rights and cooperating with civilian

5 judicial authorities, and the Bolivian Government is pros6 ecuting and punishing those responsible for violations of

7 human rights: Provided further, That of the funds appro8 priated under this heading, not more than $16,285,000 may

9 be 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 to

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

17 law, a contribution to the International Committee of the

18 Red Cross, assistance to refugees, including contributions

19 to the International Organization for Migration and the

20 United Nations High Commissioner for Refugees, and other

21 activities to meet refugee and migration needs; salaries and

22 expenses of personnel and dependents as authorized by the

23 Foreign Service Act of 1980; allowances as authorized by

24 sections 5921 through 5925 of title 5, United States Code;

25 purchase and hire of passenger motor vehicles; and services

26 as authorized by section 3109 of title 5, United States Code,
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HR 4818 EAS

1 $775,000,000, which shall remain available until expended:

2 Provided, That not more than $22,000,000 may be available

3 for administrative expenses: Provided further, That not less

4 than $50,000,000 of the funds made available under this

5 heading shall be made available for refugees from the former

6 Soviet Union and Eastern Europe and other refugees reset7 tling in Israel: Provided further, That funds made available

8 under this heading should be made available to inter9 national organizations for assistance for refugees from

10 North Korea: Provided further, That funds made available

11 under this heading and the heading ‘‘Emergency Migration

12 and Refugee Assistance Fund’’ shall be made available to

13 nongovernmental organizations located in Thailand for hu14 manitarian assistance inside Burma: Provided further,

15 That funds appropriated under this heading may be made

16 available for a headquarters contribution to the Inter17 national Committee of the Red Cross only if the Secretary

18 of State determines (and so reports to the appropriate com19 mittees of Congress) that the Magen David Adom Society

20 of Israel is not being denied participation in the activities

21 of the International Red Cross and Red Crescent Movement.

22 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

23 ASSISTANCE FUND

24 For necessary expenses to carry out the provisions of

25 section 2(c) of the Migration and Refugee Assistance Act

26 of 1962, as amended (22 U.S.C. 2601(c)), $50,000,000, to
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HR 4818 EAS

1 remain available until expended: Provided, That funds

2 made available under this heading are appropriated not3 withstanding the provisions contained in section 2(c)(2) of

4 such Act which would limit the amount of funds which

5 could be appropriated for this purpose.

6 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

7 RELATED PROGRAMS

8 For necessary expenses for nonproliferation, anti-ter9 rorism, demining and related programs and activities,

10 $415,200,000, to carry out the provisions of chapter 8 of

11 part II of the Foreign Assistance Act of 1961 for anti-ter12 rorism assistance, chapter 9 of part II of the Foreign Assist13 ance Act of 1961, section 504 of the FREEDOM Support

14 Act, section 23 of the Arms Export Control Act or the For15 eign Assistance Act of 1961 for demining activities, the

16 clearance of unexploded ordnance, the destruction of small

17 arms, and related activities, notwithstanding any other

18 provision of law, including activities implemented through

19 nongovernmental and international organizations, and sec20 tion 301 of the Foreign Assistance Act of 1961 for a vol21 untary contribution to the International Atomic Energy

22 Agency (IAEA), and for a United States contribution to

23 the Comprehensive Nuclear Test Ban Treaty Preparatory

24 Commission: Provided, That of this amount not to exceed

25 $34,500,000, to remain available until expended, may be

26 made available for the Nonproliferation and Disarmament
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HR 4818 EAS

1 Fund, notwithstanding any other provision of law, to pro2 mote bilateral and multilateral activities relating to non3 proliferation and disarmament: Provided further, That

4 such funds may also be used for such countries other than

5 the Independent States of the former Soviet Union and

6 international organizations when it is in the national secu7 rity interest of the United States to do so: Provided further,

8 That funds appropriated under this heading may be made

9 available for the International Atomic Energy Agency only

10 if the Secretary of State determines (and so reports to the

11 Congress) that Israel is not being denied its right to partici12 pate in the activities of that Agency: Provided further, That

13 funds available during fiscal year 2005 for a contribution

14 to the Comprehensive Nuclear Test Ban Treaty Preparatory

15 Commission and that are not necessary to make the United

16 States contribution to the Commission in the amount as17 sessed for fiscal year 2005 shall be made available for a

18 voluntary contribution to the International Atomic Energy

19 Agency and shall remain available until September 30,

20 2006: Provided further, That of the funds made available

21 for demining and related activities, not to exceed $690,000,

22 in addition to funds otherwise available for such purposes,

23 may be used for administrative expenses related to the oper24 ation and management of the demining program: Provided

25 further, That the Secretary of State is authorized to provide,
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HR 4818 EAS

1 from funds appropriated under this heading in this Act and

2 each subsequent Act making appropriations for foreign op3 erations, export financing and related programs, not to ex4 ceed $250,000 for public-private partnerships for mine ac5 tion by grant, cooperative agreement, or contract: Provided

6 further, That funds appropriated under this heading that

7 are available for ‘‘Anti-terrorism Assistance’’ and ‘‘Export

8 Control and Border Security’’ shall remain available until

9 September 30, 2006: Provided further, That of the funds ap10 propriated under this heading, $10,000,000 should be made

11 available for mobile robot systems and radiation detection

12 technology to combat international terrorism: Provided fur13 ther, That funds appropriated under this heading shall be

14 made available for programs and countries in the amounts

15 contained in the table included in the report accompanying

16 this Act: Provided further, That any proposed increases or

17 decreases to the amounts contained in such table shall be

18 subject to the regular notification procedures of the Commit19 tees on Appropriations and section 634A of the Foreign As20 sistance Act of 1961 and notifications shall be transmitted

21 at least 15 days in advance of the obligation of funds: Pro22 vided further, That of the funds appropriated under this

23 heading, $10,000,000 should be made available to reduce

24 the threat that man-portable air defense systems
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HR 4818 EAS

1 (‘MANPADS’) could be acquired by terrorists or by state

2 sponsors of terrorism.

3 CONFLICT RESPONSE FUND

4 For necessary expenses to assist in stabilizing and re5 constructing a country that is in, or is in transition from,

6 conflict or civil strife, $20,000,000, to remain available

7 until expended: Provided, That funds available under this

8 paragraph may be used for assistance for a country only

9 if the Secretary of State determines and reports to the Com10 mittees on Appropriations, that it is important to the na11 tional security interest of the United States to do so and

12 consults with the Committees on Appropriations prior to

13 making any such determination: Provided further, That the

14 responsibility for this determination required by the pre15 vious proviso and policy decisions and justifications for the

16 use of funds made available under the authority of this

17 paragraph, including the amount of assistance provided to

18 a country under this authority, shall be the responsibility

19 of the Secretary of State and the Deputy Secretary of State

20 and shall not be delegated: Provided further, That the Presi21 dent may exercise the authority of section 552 of the For22 eign Assistance Act of 1961, without regard and in addition

23 to the dollar limitations contained in that section, to fur24 nish assistance under this heading with respect to any

25 country that is the subject of a determination made under

26 this heading: Provided further, That assistance furnished
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HR 4818 EAS

1 under this heading for any country that is the subject of

2 a determination under this heading may be made available

3 notwithstanding any other provision of law: Provided fur4 ther, That the previous proviso shall not apply to section

5 5051 of this Act: Provided further, That the administrative

6 authorities of the Foreign Assistance Act of 1961 shall be

7 applicable to the funds and resources available under this

8 paragraph: Provided further, That up to 5 percent of the

9 funds available under this paragraph may be made avail10 able for the administrative costs of United States Govern11 ment agencies implementing activities under this para12 graph: Provided further, That funds and resources available

13 under this heading shall be subject to the regular notifica14 tion procedures of the Committees on Appropriations except

15 that such notifications shall be transmitted at least 5 days

16 in advance of the obligation of funds.

17 DEPARTMENT OF THE TREASURY

18 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

19 For necessary expenses to carry out the provisions of

20 section 129 of the Foreign Assistance Act of 1961,

21 $17,500,000, to remain available until September 30, 2007,

22 which shall be available notwithstanding any other provi23 sion of law.

24 DEBT RESTRUCTURING

25 For the cost, as defined in section 502 of the Congres26 sional Budget Act of 1974, of modifying loans and loan
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HR 4818 EAS

1 guarantees, as the President may determine, for which

2 funds have been appropriated or otherwise made available

3 for programs within the International Affairs Budget Func4 tion 150, including the cost of selling, reducing, or canceling

5 amounts owed to the United States as a result of

6 concessional loans made to eligible countries, pursuant to

7 parts IV and V of the Foreign Assistance Act of 1961, and

8 of modifying concessional credit agreements with least de9 veloped countries, as authorized under section 411 of the

10 Agricultural Trade Development and Assistance Act of

11 1954, as amended, and concessional loans, guarantees and

12 credit agreements, as authorized under section 572 of the

13 Foreign Operations, Export Financing, and Related Pro14 grams Appropriations Act, 1989 (Public Law 100–461),

15 and of canceling amounts owed, as a result of loans or guar16 antees made pursuant to the Export-Import Bank Act of

17 1945, by countries that are eligible for debt reduction pursu18 ant to title V of H.R. 3425 as enacted into law by section

19 1000(a)(5) of Public Law 106–113, $95,000,000, to remain

20 available until September 30, 2007: Provided, That not less

21 than $20,000,000 of the funds appropriated under this

22 heading shall be made available to carry out the provisions

23 of part V of the Foreign Assistance Act of 1961: Provided

24 further, That $75,000,000 of the funds appropriated under

25 this heading may be used by the Secretary of the Treasury
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HR 4818 EAS

1 to pay to the Heavily Indebted Poor Countries (HIPC)

2 Trust Fund administered by the International Bank for Re3 construction and Development amounts for the benefit of

4 countries that are eligible for debt reduction pursuant to

5 title V of H.R. 3425 as enacted into law by section

6 1000(a)(5) of Public Law 106–113: Provided further, That

7 amounts paid to the HIPC Trust Fund may be used only

8 to fund debt reduction under the enhanced HIPC initiative

9 by—

10 (1) the Inter-American Development Bank;

11 (2) the African Development Fund;

12 (3) the African Development Bank; and

13 (4) the Central American Bank for Economic In14 tegration:

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

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

17 of State has credible evidence that the government of such

18 country is engaged in a consistent pattern of gross viola19 tions of internationally recognized human rights or in mili20 tary or civil conflict that undermines its ability to develop

21 and implement measures to alleviate poverty and to devote

22 adequate human and financial resources to that end: Pro23 vided further, That on the basis of final appropriations, the

24 Secretary of the Treasury shall consult with the Committees

25 on Appropriations concerning which countries and inter-
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HR 4818 EAS

1 national financial institutions are expected to benefit from

2 a United States contribution to the HIPC Trust Fund dur3 ing the fiscal year: Provided further, That the Secretary of

4 the Treasury shall inform the Committees on Appropria5 tions not less than 15 days in advance of the signature of

6 an agreement by the United States to make payments to

7 the HIPC Trust Fund of amounts for such countries and

8 institutions: Provided further, That the Secretary of the

9 Treasury may disburse funds designated for debt reduction

10 through the HIPC Trust Fund only for the benefit of coun11 tries that—

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

13 not to accept new market-rate loans from the inter14 national financial institution receiving debt repay15 ment as a result of such disbursement, other than

16 loans made by such institutions to export-oriented

17 commercial projects that generate foreign exchange

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

19 and

20 (2) have documented and demonstrated their

21 commitment to redirect their budgetary resources

22 from international debt repayments to programs to

23 alleviate poverty and promote economic growth that

24 are additional to or expand upon those previously

25 available for such purposes:
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HR 4818 EAS

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

2 section 411 of the Agricultural Trade Development and As3 sistance Act of 1954 shall not apply to funds appropriated

4 under this heading: Provided further, That none of the

5 funds made available under this heading in this or any

6 other appropriations Act shall be made available for Sudan

7 or Burma unless the Secretary of the Treasury determines

8 and notifies the Committees on Appropriations that a

9 democratically elected government has taken office.

10 TITLE III—MILITARY ASSISTANCE

11 FUNDS APPROPRIATED TO THE PRESIDENT

12 INTERNATIONAL MILITARY EDUCATION AND TRAINING

13 For necessary expenses to carry out the provisions of

14 section 541 of the Foreign Assistance Act of 1961,

15 $89,730,000, of which up to $3,000,000 may remain avail16 able until expended: Provided, That the civilian personnel

17 for whom military education and training may be provided

18 under this heading may include civilians who are not mem19 bers of a government whose participation would contribute

20 to improved civil-military relations, civilian control of the

21 military, or respect for human rights: Provided further,

22 That of the funds appropriated under this heading, not less

23 than $2,000,000 shall be made available for assistance for

24 Greece: Provided further, That funds appropriated under

25 this heading for military education and training for Guate-
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HR 4818 EAS

1 mala may only be available for expanded international

2 military education and training, and funds made available

3 for Cambodia, Haiti, the Democratic Republic of the Congo,

4 Nigeria and Guatemala may only be provided through the

5 regular notification procedures of the Committees on Appro6 priations.

7 FOREIGN MILITARY FINANCING PROGRAM

8 (INCLUDING TRANSFER OF FUNDS)

9 For expenses necessary for grants to enable the Presi10 dent to carry out the provisions of section 23 of the Arms

11 Export Control Act, $4,777,500,000: Provided, That of the

12 funds appropriated under this heading, not less than

13 $2,220,000,000 shall be available for grants only for Israel,

14 and not less than $1,300,000,000 shall be made available

15 for grants only for Egypt: Provided further, That the funds

16 appropriated by this paragraph for Israel shall be disbursed

17 within 30 days of the enactment of this Act or by October

18 31, 2004, whichever is later: Provided further, That to the

19 extent that the Government of Israel requests that funds be

20 used for such purposes, grants made available for Israel by

21 this paragraph shall, as agreed by Israel and the United

22 States, be available for advanced weapons systems, of which

23 not less than $583,000,000 shall be available for the pro24 curement in Israel of defense articles and defense services,

25 including research and development: Provided further, That

26 of the funds appropriated by this paragraph, $206,000,000
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HR 4818 EAS

1 shall be made available for assistance for Jordan: Provided

2 further, That of the funds appropriated by this paragraph,

3 $5,000,000 may be transferred to and consolidated with

4 funds appropriated under the heading ‘‘Nonproliferation,

5 Anti-Terrorism, Demining and Related Programs’’, and

6 made available, in addition to amounts otherwise available

7 for such purposes, as follows: $2,500,000, to remain avail8 able until expended, may be made available to carry out

9 the provisions of section 504 of the FREEDOM Support

10 Act for the Nonproliferation and Disarmament Fund, not11 withstanding any other provision of law, to promote bilat12 eral and multilateral activities relating to nonproliferation

13 and disarmament; and $2,500,000 may be made available

14 as an additional contribution to ‘‘Anti-Terrorism Assist15 ance’’ programs: Provided further, That of the funds appro16 priated by this paragraph, $10,000,000 shall be made avail17 able for assistance for Tunisia: Provided further, That of

18 the funds appropriated by this paragraph, $8,000,000 shall

19 be made available for assistance for Armenia: Provided fur20 ther, That of the funds appropriated by this paragraph, not

21 less than $30,000,000 shall be made available for assistance

22 for Liberia: Provided further, That of the funds appro23 priated under this heading, not more than $2,000,000 may

24 be made available for assistance for Uganda and only for

25 non-lethal military equipment if the Secretary of State de-
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HR 4818 EAS

1 termines and reports to the Committees on Appropriations

2 that the Government of Uganda, during the previous six

3 months, has made significant improvements in: (1) the pro4 tection of human rights, especially preventing acts of tor5 ture; (2) the protection of civilians in northern and eastern

6 Uganda; (3) the professionalization of the Ugandan armed

7 forces, including transparency of military budgets; and (4)

8 the prevention of recruitment of children into armed mili9 tias and the demobilization of existing militias: Provided

10 further, That of the funds appropriated under this heading,

11 not less than $15,000,000 shall be made available for assist12 ance for Georgia: Provided further, That in addition to the

13 funds appropriated under this heading, up to $150,000,000

14 may be derived by transfer from unobligated balances of

15 funds appropriated under the headings ‘‘Economic Support

16 Fund’’ and ‘‘Foreign Military Financing Program’’ in

17 prior appropriations Acts and not otherwise designated in

18 those Acts for a specific country, use, or purpose: Provided

19 further, That funds appropriated by this paragraph shall

20 be nonrepayable notwithstanding any requirement in sec21 tion 23 of the Arms Export Control Act: Provided further,

22 That funds made available under this paragraph shall be

23 obligated upon apportionment in accordance with para24 graph (5)(C) of title 31, United States Code, section

25 1501(a).
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HR 4818 EAS

1 None of the funds made available under this heading

2 shall be available to finance the procurement of defense arti3 cles, defense services, or design and construction services

4 that are not sold by the United States Government under

5 the Arms Export Control Act unless the foreign country pro6 posing to make such procurements has first signed an agree7 ment with the United States Government specifying the

8 conditions under which such procurements may be financed

9 with such funds: Provided, That all country and funding

10 level increases in allocations shall be submitted through the

11 regular notification procedures of section 5015 of this Act:

12 Provided further, That none of the funds appropriated

13 under this heading shall be available for assistance for

14 Sudan and Guatemala: Provided further, That none of the

15 funds appropriated under this heading may be made avail16 able for assistance for Haiti except pursuant to the regular

17 notification procedures of the Committees on Appropria18 tions: Provided further, That funds made available under

19 this heading may be used, notwithstanding any other provi20 sion of law, for demining, the clearance of unexploded ord21 nance, and related activities, and may include activities

22 implemented through nongovernmental and international

23 organizations: Provided further, That only those countries

24 for which assistance was justified for the ‘‘Foreign Military

25 Sales Financing Program’’ in the fiscal year 1989 congres-
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HR 4818 EAS

1 sional presentation for security assistance programs may

2 utilize funds made available under this heading for procure3 ment of defense articles, defense services or design and con4 struction services that are not sold by the United States

5 Government under the Arms Export Control Act: Provided

6 further, That funds appropriated under this heading shall

7 be expended at the minimum rate necessary to make timely

8 payment for defense articles and services: Provided further,

9 That not more than $40,500,000 of the funds appropriated

10 under this heading may be obligated for necessary expenses,

11 including the purchase of passenger motor vehicles for re12 placement only for use outside of the United States, for the

13 general costs of administering military assistance and sales:

14 Provided further, That not more than $367,000,000 of funds

15 realized pursuant to section 21(e)(1)(A) of the Arms Export

16 Control Act may be obligated for expenses incurred by the

17 Department of Defense during fiscal year 2005 pursuant

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

19 this limitation may be exceeded only through the regular

20 notification procedures of the Committees on Appropria21 tions: Provided further, That foreign military financing

22 program funds estimated to be outlayed for Egypt during

23 fiscal year 2005 shall be transferred to an interest bearing

24 account for Egypt in the Federal Reserve Bank of New York
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HR 4818 EAS

1 within 30 days of enactment of this Act or by October 31,

2 2004, whichever is later.

3 PEACEKEEPING OPERATIONS

4 For necessary expenses to carry out the provisions of

5 section 551 of the Foreign Assistance Act of 1961,

6 $104,000,000: Provided, That notwithstanding any other

7 provision of law except section 5051 of this Act, funds ap8 propriated for the Department of Defense for fiscal year

9 2005 may be transferred to the Department of State and

10 may be made available by the Department of State to pro11 vide such assistance as the Secretary of State deems appro12 priate for the military or security forces of a foreign coun13 try in order to enhance the capability of such country to

14 participate in international peacekeeping or peace enforce15 ment operations: Provided further, That none of the funds

16 appropriated under this heading shall be obligated or ex17 pended except as provided through the regular notification

18 procedures of the Committees on Appropriations.

19 TITLE IV—MULTILATERAL ECONOMIC

20 ASSISTANCE

21 FUNDS APPROPRIATED TO THE PRESIDENT

22 INTERNATIONAL FINANCIAL INSTITUTIONS

23 GLOBAL ENVIRONMENT FACILITY

24 For the United States contribution for the Global En25 vironment Facility, $120,678,000 to the International Bank

26 for Reconstruction and Development as trustee for the Glob-
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HR 4818 EAS

1 al Environment Facility, by the Secretary of the Treasury,

2 to remain available until expended.

3 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

4 ASSOCIATION

5 For payment to the International Development Asso6 ciation by the Secretary of the Treasury, $820,000,000, to

7 remain available until expended.

8 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

9 MULTILATERAL INVESTMENT FUND

10 For payment to the Enterprise for the Americas Multi11 lateral Investment Fund by the Secretary of the Treasury,

12 for the United States contribution to the fund, $15,000,000,

13 to remain available until expended.

14 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

15 For the United States contribution by the Secretary

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

17 Development Fund, as authorized by the Asian Develop18 ment Bank Act, as amended, $59,691,000, to remain avail19 able until expended.

20 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

21 For payment to the African Development Bank by the

22 Secretary of the Treasury, $1,100,000, for the United States

23 paid-in share of the increase in capital stock, to remain

24 available until expended.
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HR 4818 EAS

1 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

2 The United States Governor of the African Develop3 ment Bank may subscribe without fiscal year limitation for

4 the callable capital portion of the United States share of

5 such capital stock in an amount not to exceed $79,532,933.

6 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

7 For the United States contribution by the Secretary

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

9 Development Fund, $67,000,000, to remain available until

10 expended.

11 CONTRIBUTION TO THE EUROPEAN BANK FOR

12 RECONSTRUCTION AND DEVELOPMENT

13 For payment to the European Bank for Reconstruction

14 and Development by the Secretary of the Treasury,

15 $35,431,000 for the United States share of the paid-in por16 tion of the increase in capital stock, to remain available

17 until expended.

18 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

19 The United States Governor of the European Bank for

20 Reconstruction and Development may subscribe without fis21 cal year limitation to the callable capital portion of the

22 United States share of such capital stock in an amount not

23 to exceed $121,997,000.
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HR 4818 EAS

1 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

2 AGRICULTURAL DEVELOPMENT

3 For the United States contribution by the Secretary

4 of the Treasury to increase the resources of the International

5 Fund for Agricultural Development, $15,000,000, to remain

6 available until expended.

7 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

8 For necessary expenses to carry out the provisions of

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

10 section 2 of the United Nations Environment Program Par11 ticipation Act of 1973, $328,925,000: Provided, That none

12 of the funds appropriated under this heading may be made

13 available to the International Atomic Energy Agency

14 (IAEA): Provided further, That funds appropriated under

15 this heading shall be made available for programs and

16 countries in the amounts contained in the table included

17 in the report accompanying this Act: Provided further, That

18 any proposed increases or decreases to the amounts con19 tained in such table shall be subject to the regular notifica20 tion procedures of the Committees on Appropriations and

21 section 634A of the Foreign Assistance Act of 1961 and noti22 fications shall be transmitted at least 15 days in advance

23 of the obligation of funds.
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HR 4818 EAS

1 TITLE V—GENERAL PROVISIONS

2 COMPENSATION FOR UNITED STATES EXECUTIVE

3 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

4 SEC. 5001. (a) No funds appropriated by this Act may

5 be made as payment to any international financial institu6 tion while the United States Executive Director to such in7 stitution is compensated by the institution at a rate which,

8 together with whatever compensation such Director receives

9 from the United States, is in excess of the rate provided

10 for an individual occupying a position at level IV of the

11 Executive Schedule under section 5315 of title 5, United

12 States Code, or while any alternate United States Director

13 to such institution is compensated by the institution at a

14 rate in excess of the rate provided for an individual occu15 pying a position at level V of the Executive Schedule under

16 section 5316 of title 5, United States Code.

17 (b) For purposes of this section, ‘‘international finan18 cial institutions’’ are: the International Bank for Recon19 struction and Development, the Inter-American Develop20 ment Bank, the Asian Development Bank, the Asian Devel21 opment Fund, the African Development Bank, the African

22 Development Fund, the International Monetary Fund, the

23 North American Development Bank, and the European

24 Bank for Reconstruction and Development.
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HR 4818 EAS

1 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED

2 NATIONS AGENCIES

3 SEC. 5002. None of the funds appropriated by this Act

4 may be made available to pay any voluntary contribution

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

6 United Nations Development Program) if the United Na7 tions implements or imposes any taxation on any United

8 States persons.

9 LIMITATION ON RESIDENCE EXPENSES

10 SEC. 5003. Of the funds appropriated or made avail11 able pursuant to this Act, not to exceed $100,500 shall be

12 for official residence expenses of the United States Agency

13 for International Development during the current fiscal

14 year: Provided, That appropriate steps shall be taken to as15 sure that, to the maximum extent possible, United States16 owned foreign currencies are utilized in lieu of dollars.

17 LIMITATION ON EXPENSES

18 SEC. 5004. Of the funds appropriated or made avail19 able pursuant to this Act, not to exceed $5,000 shall be for

20 entertainment expenses of the United States Agency for

21 International Development during the current fiscal year.

22 LIMITATION ON REPRESENTATIONAL ALLOWANCES

23 SEC. 5005. Of the funds appropriated or made avail24 able pursuant to this Act, not to exceed $125,000 shall be

25 available for representation allowances for the United

26 States Agency for International Development during the
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HR 4818 EAS

1 current fiscal year: Provided, That appropriate steps shall

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

3 United States-owned foreign currencies are utilized in lieu

4 of dollars: Provided further, That of the funds made avail5 able by this Act for general costs of administering military

6 assistance and sales under the heading ‘‘Foreign Military

7 Financing Program’’, not to exceed $2,000 shall be avail8 able for entertainment expenses and not to exceed $125,000

9 shall be available for representation allowances: Provided

10 further, That of the funds made available by this Act under

11 the heading ‘‘International Military Education and Train12 ing’’, not to exceed $50,000 shall be available for entertain13 ment allowances: Provided further, That of the funds made

14 available by this Act for the Inter-American Foundation,

15 not to exceed $2,000 shall be available for entertainment

16 and representation allowances: Provided further, That of

17 the funds made available by this Act for the Peace Corps,

18 not to exceed a total of $4,000 shall be available for enter19 tainment expenses: Provided further, That of the funds

20 made available by this Act under the heading ‘‘Trade and

21 Development Agency’’, not to exceed $2,000 shall be avail22 able for representation and entertainment allowances: Pro23 vided further, That of the funds made available by this Act

24 under the heading ‘‘Millennium Challenge Corporation’’,
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HR 4818 EAS

1 not to exceed $100,000 shall be available for representation

2 allowances.

3 PROHIBITION ON TAXATION OF UNITED STATES

4 ASSISTANCE

5 SEC. 5006. (a) PROHIBITION ON TAXATION.—None of

6 the funds appropriated by this Act may be made available

7 to provide assistance for a foreign country under a new bi8 lateral agreement governing the terms and conditions under

9 which such assistance is to be provided unless such agree10 ment includes a provision stating that assistance provided

11 by the United States shall be exempt from taxation, or reim12 bursed, by the foreign government, and the Secretary of

13 State shall expeditiously seek to negotiate amendments to

14 existing bilateral agreements, as necessary, to conform with

15 this requirement.

16 (b) REIMBURSEMENT OF FOREIGN TAXES.—An

17 amount equivalent to 200 percent of the total taxes assessed

18 during fiscal year 2005 on funds appropriated by this Act

19 by a foreign government or entity against commodities fi20 nanced under United States assistance programs for which

21 funds are appropriated by this Act, either directly or

22 through grantees, contractors and subcontractors shall be

23 withheld from obligation from funds appropriated for as24 sistance for fiscal year 2006 and allocated for the central

25 government of such country and for the West Bank and

26 Gaza Program to the extent that the Secretary of State cer-
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1 tifies and reports in writing to the Committees on Appro2 priations that such taxes have not been reimbursed to the

3 Government of the United States.

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

5 minimis nature shall not be subject to the provisions of sub6 section (b).

7 (d) REPROGRAMMING OF FUNDS.—Funds withheld

8 from obligation for each country or entity pursuant to sub9 section (b) shall be reprogrammed for assistance to countries

10 which do not assess taxes on United States assistance or

11 which have an effective arrangement that is providing sub12 stantial reimbursement of such taxes.

13 (e) DETERMINATIONS.—

14 (1) The provisions of this section shall not apply

15 to any country or entity the Secretary of State

16 determines—

17 (A) does not assess taxes on United States

18 assistance or which has an effective arrangement

19 that is providing substantial reimbursement of

20 such taxes; or

21 (B) the foreign policy interests of the United

22 States outweigh the policy of this section to en23 sure that United States assistance is not subject

24 to taxation.
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1 (2) The Secretary of State shall consult with the

2 Committees on Appropriations at least 15 days prior

3 to exercising the authority of this subsection with re4 gard to any country or entity.

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

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

7 to implement the prohibition against the taxation of assist8 ance contained in this section.

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

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

11 value added taxes and customs duties imposed on

12 commodities financed with United States assistance

13 for programs for which funds are appropriated by

14 this Act; and

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

16 framework bilateral agreement between the Govern17 ment of the United States and the government of the

18 country receiving assistance that describes the privi19 leges and immunities applicable to United States for20 eign assistance for such country generally, or an indi21 vidual agreement between the Government of the

22 United States and such government that describes,

23 among other things, the treatment for tax purposes

24 that will be accorded the United States assistance

25 provided under that agreement.
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HR 4818 EAS

1 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

2 COUNTRIES

3 SEC. 5007. None of the funds appropriated or other4 wise made available pursuant to this Act shall be obligated

5 or expended to finance directly any assistance or repara6 tions to Cuba, Libya, North Korea, Iran, or Syria: Pro7 vided, That for purposes of this section, the prohibition on

8 obligations or expenditures shall include direct loans, cred9 its, insurance and guarantees of the Export-Import Bank

10 or its agents.

11 MILITARY COUPS

12 SEC. 5008. None of the funds appropriated or other13 wise made available pursuant to this Act shall be obligated

14 or expended to finance directly any assistance to the govern15 ment of any country whose duly elected head of government

16 is deposed by decree or military coup: Provided, That as17 sistance may be resumed to such government if the Presi18 dent determines and certifies to the Committees on Appro19 priations that subsequent to the termination of assistance

20 a democratically elected government has taken office: Pro21 vided further, That the provisions of this section shall not

22 apply to assistance to promote democratic elections or pub23 lic participation in democratic processes: Provided further,

24 That funds made available pursuant to the previous pro25 visos shall be subject to the regular notification procedures

26 of the Committees on Appropriations.
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HR 4818 EAS

1 TRANSFERS

2 SEC. 5009. (a)(1) LIMITATION ON TRANSFERS BE3 TWEEN AGENCIES.—None of the funds made available by

4 this Act may be transferred to any department, agency, or

5 instrumentality of the United States Government, except

6 pursuant to a transfer made by, or transfer authority pro7 vided in, this Act or any other appropriation Act.

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

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

10 funds appropriated by this Act to carry out the purposes

11 of the Foreign Assistance Act of 1961 may be allocated or

12 transferred to agencies of the United States Government

13 pursuant to the provisions of sections 109, 610, and 632

14 of the Foreign Assistance Act of 1961.

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

16 funds made available by this Act may be obligated under

17 an appropriation account to which they were not appro18 priated, except for transfers specifically provided for in this

19 Act, unless the President, not less than five days prior to

20 the exercise of any authority contained in the Foreign As21 sistance Act of 1961 to transfer funds, consults with and

22 provides a written policy justification to the Committees

23 on Appropriations of the House of Representatives and the

24 Senate.
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HR 4818 EAS

1 (c) AUDIT OF INTER-AGENCY TRANSFERS.—Any agree2 ment for the transfer or allocation of funds appropriated

3 by this Act, or prior Acts, entered into between the United

4 States Agency for International Development and another

5 agency of the United States Government under the author6 ity of section 632(a) of the Foreign Assistance Act of 1961

7 or any comparable provision of law, shall expressly provide

8 that the Office of the Inspector General for the agency re9 ceiving the transfer or allocation of such funds shall perform

10 periodic program and financial audits of the use of such

11 funds: Provided, That funds transferred under such author12 ity may be made available for the cost of such audits.

13 COMMERCIAL LEASING OF DEFENSE ARTICLES

14 SEC. 5010. Notwithstanding any other provision of

15 law, and subject to the regular notification procedures of

16 the Committees on Appropriations, the authority of section

17 23(a) of the Arms Export Control Act may be used to pro18 vide financing to Israel, Egypt and NATO and major non19 NATO allies for the procurement by leasing (including leas20 ing with an option to purchase) of defense articles from

21 United States commercial suppliers, not including Major

22 Defense Equipment (other than helicopters and other types

23 of aircraft having possible civilian application), if the

24 President determines that there are compelling foreign pol25 icy or national security reasons for those defense articles
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HR 4818 EAS

1 being provided by commercial lease rather than by govern2 ment-to-government sale under such Act.

3 AVAILABILITY OF FUNDS

4 SEC. 5011. No part of any appropriation contained

5 in this Act shall remain available for obligation after the

6 expiration of the current fiscal year unless expressly so pro7 vided in this Act: Provided, That funds appropriated for

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

9 667, chapters 4, 6, 8, and 9 of part II of the Foreign Assist10 ance Act of 1961, section 23 of the Arms Export Control

11 Act, and funds provided under the heading ‘‘Assistance for

12 Eastern Europe and the Baltic States’’, shall remain avail13 able for an additional four years from the date on which

14 the availability of such funds would otherwise have expired,

15 if such funds are initially obligated before the expiration

16 of their respective periods of availability contained in this

17 Act: Provided further, That, notwithstanding any other pro18 vision of this Act, any funds made available for the pur19 poses of chapter 1 of part I and chapter 4 of part II of

20 the Foreign Assistance Act of 1961 which are allocated or

21 obligated for cash disbursements in order to address balance

22 of payments or economic policy reform objectives, shall re23 main available until expended.

24 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

25 SEC. 5012. No part of any appropriation contained

26 in this Act shall be used to furnish assistance to the govern-
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1 ment of any country which is in default during a period

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

3 States of principal or interest on any loan made to the gov4 ernment of such country by the United States pursuant to

5 a program for which funds are appropriated under this Act

6 unless the President determines, following consultations

7 with the Committees on Appropriations, that assistance to

8 such country is in the national interest of the United States.

9 COMMERCE AND TRADE

10 SEC. 5013. (a) None of the funds appropriated or made

11 available pursuant to this Act for direct assistance and

12 none of the funds otherwise made available pursuant to this

13 Act to the Export-Import Bank and the Overseas Private

14 Investment Corporation shall be obligated or expended to

15 finance any loan, any assistance or any other financial

16 commitments for establishing or expanding production of

17 any commodity for export by any country other than the

18 United States, if the commodity is likely to be in surplus

19 on world markets at the time the resulting productive ca20 pacity is expected to become operative and if the assistance

21 will cause substantial injury to United States producers of

22 the same, similar, or competing commodity: Provided, That

23 such prohibition shall not apply to the Export-Import Bank

24 if in the judgment of its Board of Directors the benefits to

25 industry and employment in the United States are likely

26 to outweigh the injury to United States producers of the
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1 same, similar, or competing commodity, and the Chairman

2 of the Board so notifies the Committees on Appropriations.

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

4 Act to carry out chapter 1 of part I of the Foreign Assist5 ance Act of 1961 shall be available for any testing or breed6 ing feasibility study, variety improvement or introduction,

7 consultancy, publication, conference, or training in connec8 tion with the growth or production in a foreign country

9 of an agricultural commodity for export which would com10 pete with a similar commodity grown or produced in the

11 United States: Provided, That this subsection shall not

12 prohibit—

13 (1) activities designed to increase food security

14 in developing countries where such activities will not

15 have a significant impact on the export of agricul16 tural commodities of the United States; or

17 (2) research activities intended primarily to ben18 efit American producers.

19 SURPLUS COMMODITIES

20 SEC. 5014. The Secretary of the Treasury shall in21 struct the United States Executive Directors of the Inter22 national Bank for Reconstruction and Development, the

23 International Development Association, the International

24 Finance Corporation, the Inter-American Development

25 Bank, the International Monetary Fund, the Asian Devel26 opment Bank, the Inter-American Investment Corporation,
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1 the North American Development Bank, the European

2 Bank for Reconstruction and Development, the African De3 velopment Bank, and the African Development Fund to use

4 the voice and vote of the United States to oppose any assist5 ance by these institutions, using funds appropriated or

6 made available pursuant to this Act, for the production or

7 extraction of any commodity or mineral for export, if it

8 is in surplus on world markets and if the assistance will

9 cause substantial injury to United States producers of the

10 same, similar, or competing commodity.

11 NOTIFICATION REQUIREMENTS

12 SEC. 5015. For the purposes of providing the executive

13 branch with the necessary administrative flexibility, none

14 of the funds made available under this Act for ‘‘Child Sur15 vival and Health Programs Fund’’, ‘‘Development Assist16 ance’’, ‘‘International Organizations and Programs’’,

17 ‘‘Trade and Development Agency’’, ‘‘International Nar18 cotics Control and Law Enforcement’’, ‘‘Andean

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

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

21 States of the Former Soviet Union’’, ‘‘Economic Support

22 Fund’’, ‘‘Global HIV/AIDS Initiative’’, ‘‘Peacekeeping Op23 erations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Ex24 penses of the United States Agency for International Devel25 opment’’, ‘‘Operating Expenses of the United States Agency

26 for International Development Office of Inspector General’’,
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1 ‘‘Nonproliferation, Anti-terrorism, Demining and Related

2 Programs’’, ‘‘Millennium Challenge Corporation’’ (by coun3 try only), ‘‘Foreign Military Financing Program’’, ‘‘Inter4 national Military Education and Training’’, ‘‘Peace

5 Corps’’, and ‘‘Migration and Refugee Assistance’’, shall be

6 available for obligation for activities, programs, projects,

7 type of materiel assistance, countries, or other operations

8 not justified or in excess of the amount justified to the Com9 mittees on Appropriations for obligation under any of these

10 specific headings unless the Committees on Appropriations

11 of both Houses of Congress are previously notified 15 days

12 in advance: Provided, That the President shall not enter

13 into any commitment of funds appropriated for the pur14 poses of section 23 of the Arms Export Control Act for the

15 provision of major defense equipment, other than conven16 tional ammunition, or other major defense items defined

17 to be aircraft, ships, missiles, or combat vehicles, not pre18 viously justified to Congress or 20 percent in excess of the

19 quantities justified to Congress unless the Committees on

20 Appropriations are notified 15 days in advance of such

21 commitment: Provided further, That this section shall not

22 apply to any reprogramming for an activity, program, or

23 project for which funds are appropriated under title II of

24 this Act of less than 10 percent of the amount previously

25 justified to the Congress for obligation for such activity,
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1 program, or project for the current fiscal year: Provided

2 further, That all reprogrammings of funds appropriated by

3 this Act and prior Acts under the headings ‘‘International

4 Narcotics Control and Law Enforcement’’ and ‘‘Andean

5 Counterdrug Initiative’’ by the Department of State shall

6 be subject to the same review and approval procedures by

7 the Department of State as apply to the reprogramming

8 by the Department of funds appropriated under the heading

9 ‘‘Economic Support Fund’’: Provided further, That the re10 quirements of this section or any similar provision of this

11 Act or any other Act, including any prior Act requiring

12 notification in accordance with the regular notification

13 procedures of the Committees on Appropriations, may be

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

15 human health or welfare: Provided further, That in case

16 of any such waiver, notification to the Congress, or the ap17 propriate congressional committees, shall be provided as

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

19 taking the action to which such notification requirement

20 was applicable, in the context of the circumstances necessi21 tating such waiver: Provided further, That any notification

22 provided pursuant to such a waiver shall contain an expla23 nation of the emergency circumstances.
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1 LIMITATION ON AVAILABILITY OF FUNDS FOR

2 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

3 SEC. 5016. Subject to the regular notification proce4 dures of the Committees on Appropriations, funds appro5 priated under this Act or any previously enacted Act mak6 ing appropriations for foreign operations, export financing,

7 and related programs, which are returned or not made

8 available for organizations and programs because of the im9 plementation of section 307(a) of the Foreign Assistance Act

10 of 1961, shall remain available for obligation until Sep11 tember 30, 2006.

12 INDEPENDENT STATES OF THE FORMER SOVIET UNION

13 SEC. 5017. (a) None of the funds appropriated under

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

15 Former Soviet Union’’ shall be made available for assist16 ance for a government of an Independent State of the former

17 Soviet Union if that government directs any action in vio18 lation of the territorial integrity or national sovereignty of

19 any other Independent State of the former Soviet Union,

20 such as those violations included in the Helsinki Final Act:

21 Provided, That such funds may be made available without

22 regard to the restriction in this subsection if the President

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

24 of the United States.

25 (b) None of the funds appropriated under the heading

26 ‘‘Assistance for the Independent States of the Former Soviet
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1 Union’’ shall be made available for any state to enhance

2 its military capability: Provided, That this restriction does

3 not apply to demilitarization, demining or nonproliferation

4 programs.

5 (c) Funds appropriated under the heading ‘‘Assistance

6 for the Independent States of the Former Soviet Union’’ for

7 the Russian Federation, Armenia, Georgia, and Ukraine

8 shall be subject to the regular notification procedures of the

9 Committees on Appropriations.

10 (d) Funds made available in this Act for assistance

11 for the Independent States of the former Soviet Union shall

12 be subject to the provisions of section 117 (relating to envi13 ronment and natural resources) of the Foreign Assistance

14 Act of 1961.

15 (e) In issuing new task orders, entering into contracts,

16 or making grants, with funds appropriated in this Act or

17 prior appropriations Acts under the heading ‘‘Assistance

18 for the Independent States of the Former Soviet Union’’ and

19 under comparable headings in prior appropriations Acts,

20 for projects or activities that have as one of their primary

21 purposes the fostering of private sector development, the Co22 ordinator for United States Assistance to Europe and Eur23 asia and the implementing agency shall encourage the par24 ticipation of and give significant weight to contractors and

25 grantees who propose investing a significant amount of
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1 their own resources (including volunteer services and in2 kind contributions) in such projects and activities.

3 PROHIBITION ON FUNDING FOR ABORTIONS AND

4 INVOLUNTARY STERILIZATION

5 SEC. 5018. None of the funds made available to carry

6 out part I of the Foreign Assistance Act of 1961, as amend7 ed, may be used to pay for the performance of abortions

8 as a method of family planning or to motivate or coerce

9 any person to practice abortions. None of the funds made

10 available to carry out part I of the Foreign Assistance Act

11 of 1961, as amended, may be used to pay for the perform12 ance of involuntary sterilization as a method of family

13 planning or to coerce or provide any financial incentive

14 to any person to undergo sterilizations. None of the funds

15 made available to carry out part I of the Foreign Assistance

16 Act of 1961, as amended, may be used to pay for any bio17 medical research which relates in whole or in part, to meth18 ods of, or the performance of, abortions or involuntary steri19 lization as a means of family planning. None of the funds

20 made available to carry out part I of the Foreign Assistance

21 Act of 1961, as amended, may be obligated or expended for

22 any country or organization if the President certifies that

23 the use of these funds by any such country or organization

24 would violate any of the above provisions related to abor25 tions and involuntary sterilizations.
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1 EXPORT FINANCING TRANSFER AUTHORITIES

2 SEC. 5019. Not to exceed 5 percent of any appropria3 tion other than for administrative expenses made available

4 for fiscal year 2005, for programs under title I of this Act

5 may be transferred between such appropriations for use for

6 any of the purposes, programs, and activities for which the

7 funds in such receiving account may be used, but no such

8 appropriation, except as otherwise specifically provided,

9 shall be increased by more than 25 percent by any such

10 transfer: Provided, That the exercise of such authority shall

11 be subject to the regular notification procedures of the Com12 mittees on Appropriations.

13 SPECIAL NOTIFICATION REQUIREMENTS

14 SEC. 5020. None of the funds appropriated by this Act

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

16 Zimbabwe, Pakistan, Cambodia, or Haiti except as pro17 vided through the regular notification procedures of the

18 Committees on Appropriations.

19 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

20 SEC. 5021. For the purpose of this Act, ‘‘program,

21 project, and activity’’ shall be defined at the appropriations

22 Act account level and shall include all appropriations and

23 authorizations Acts earmarks, ceilings, and limitations

24 with the exception that for the following accounts: Economic

25 Support Fund and Foreign Military Financing Program,

26 ‘‘program, project, and activity’’ shall also be considered
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1 to include country, regional, and central program level

2 funding within each such account; for the development as3 sistance accounts of the United States Agency for Inter4 national Development ‘‘program, project, and activity’’

5 shall also be considered to include central, country, re6 gional, and program level funding, either as: (1) justified

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

8 accordance with a report, to be provided to the Committees

9 on Appropriations within 30 days of the enactment of this

10 Act, as required by section 653(a) of the Foreign Assistance

11 Act of 1961.

12 CHILD SURVIVAL AND HEALTH ACTIVITIES

13 SEC. 5022. Up to $13,500,000 of the funds made avail14 able by this Act for assistance under the heading ‘‘Child

15 Survival and Health Programs Fund’’, may be used to re16 imburse United States Government agencies, agencies of

17 State governments, institutions of higher learning, and pri18 vate and voluntary organizations for the full cost of indi19 viduals (including for the personal services of such individ20 uals) detailed or assigned to, or contracted by, as the case

21 may be, the United States Agency for International Devel22 opment for the purpose of carrying out activities under that

23 heading: Provided, That up to $3,500,000 of the funds made

24 available by this Act for assistance under the heading ‘‘De25 velopment Assistance’’ may be used to reimburse such agen26 cies, institutions, and organizations for such costs of such
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1 individuals carrying out other development assistance ac2 tivities: Provided further, That funds appropriated by titles

3 II and III of this Act that are made available for bilateral

4 assistance for child survival activities or disease programs

5 including activities relating to research on, and the preven6 tion, treatment and control of, HIV/AIDS may be made

7 available notwithstanding any other provision of law except

8 for the provisions under the heading ‘‘Child Survival and

9 Health Programs Fund’’ and the United States Leadership

10 Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003

11 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Pro12 vided further, That of the funds appropriated under title

13 II of this Act, not less than $450,000,000 shall be made

14 available for family planning/reproductive health.

15 AFGHANISTAN

16 SEC. 5023. Of the funds appropriated by this Act, not

17 less than $504,450,000 shall be made available for humani18 tarian and reconstruction assistance for Afghanistan: Pro19 vided, That of the funds made available pursuant to this

20 section, not less than $225,000,000 should be from funds

21 appropriated under the heading ‘‘Economic Support

22 Fund’’: Provided further, That funds appropriated by this

23 Act that are available for assistance for the Afghan National

24 Army should be made available if members of the Army

25 have been vetted for any involvement in terrorism, human

26 rights violations, drug trafficking, and other serious crimi-
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1 nal activity: Provided further, That of the funds made

2 available pursuant to this section, not less than $2,000,000

3 should be made available for reforestation activities: Pro4 vided further, That funds made available pursuant to the

5 previous proviso should be matched, to the maximum extent

6 possible, with contributions from American and Afghan

7 businesses: Provided further, That of the funds made avail8 able pursuant to this section, not less than $2,000,000 shall

9 be made available for the Afghan Independent Human

10 Rights Commission and for other Afghan human rights or11 ganizations: Provided further, That of the funds made

12 available pursuant to this section, not less than $50,000,000

13 shall be made available to support programs that directly

14 address the needs of Afghan women and girls, of which not

15 less than $15,000,000 shall be made available for small

16 grants to support training and equipment to improve the

17 capacity of women-led Afghan nongovernmental organiza18 tions and to support the activities of such organizations:

19 Provided further, That not less than $2,000,000 should be

20 made available for assistance for Afghan communities and

21 families that have suffered losses as a result of the military

22 operations.

23 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

24 SEC. 5024. Prior to providing excess Department of

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

26 Foreign Assistance Act of 1961, the Department of Defense
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1 shall notify the Committees on Appropriations to the same

2 extent and under the same conditions as are other commit3 tees pursuant to subsection (f) of that section: Provided,

4 That before issuing a letter of offer to sell excess defense arti5 cles under the Arms Export Control Act, the Department

6 of Defense shall notify the Committees on Appropriations

7 in accordance with the regular notification procedures of

8 such Committees if such defense articles are significant

9 military equipment (as defined in section 47(9) of the Arms

10 Export Control Act) or are valued (in terms of original ac11 quisition cost) at $7,000,000 or more, or if notification is

12 required elsewhere in this Act for the use of appropriated

13 funds for specific countries that would receive such excess

14 defense articles: Provided further, That such Committees

15 shall also be informed of the original acquisition cost of such

16 defense articles.

17 HIV/AIDS WORKING CAPITAL FUND

18 SEC. 5025. (a) In furtherance of the purposes of section

19 104A of the Foreign Assistance Act of 1961, and to assist

20 in providing a safe, secure, reliable, and sustainable supply

21 chain of pharmaceuticals and other products needed to pro22 vide care and treatment of persons with HIV/AIDS and re23 lated infections, the Coordinator of the United States Gov24 ernment Activities to Combat HIV/AIDS Globally (the ‘‘Co25 ordinator’’) is authorized to establish an HIV/AIDS Work-
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1 ing Capital Fund (in this section referred to as the ‘‘HIV/

2 AIDS Fund’’).

3 (b) Funds deposited during any fiscal year in the HIV/

4 AIDS Fund shall be available without fiscal year limitation

5 and used for pharmaceuticals and other products needed to

6 provide care and treatment of persons with HIV/AIDS and

7 related infections, including, but not limited to—

8 (1) anti-retroviral drugs;

9 (2) other pharmaceuticals and medical items

10 needed to provide care and treatment to persons with

11 HIV/AIDS and related infections;

12 (3) laboratory and other supplies for performing

13 tests related to the provision of care and treatment to

14 persons with HIV/AIDS and related infections;

15 (4) other medical supplies needed for the oper16 ation of HIV/AIDS treatment and care centers, in17 cluding products needed in programs for the preven18 tion of mother-to-child transmission;

19 (5) pharmaceuticals and health commodities

20 needed for the provision of palliative care; and

21 (6) laboratory and clinical equipment, as well as

22 equipment needed for the transportation and care of

23 HIV/AIDS supplies, and other equipment needed to

24 provide prevention, care and treatment of HIV/AIDS

25 described above.
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1 (c) There may be deposited during any fiscal year in

2 the HIV/AIDS Fund payments for HIV/AIDS pharma3 ceuticals and products provided from the HIV/AIDS Fund

4 received from applicable appropriations and funds of the

5 United States Agency for International Development, the

6 Department of Health and Human Services, the Depart7 ment of Defense, or other Federal agencies and other sources

8 at actual cost of the HIV/AIDS pharmaceuticals and other

9 products, actual cost plus the additional costs of providing

10 such HIV/AIDS pharmaceuticals and other products, or at

11 any other price agreed to by the Coordinator or his designee.

12 (d) There may be deposited in the HIV/AIDS Fund

13 payments for the loss of, or damage to, HIV/AIDS pharma14 ceuticals and products held in the HIV/AIDS Fund, rebates,

15 reimbursements, refunds and other credits application to

16 the operation of the HIV/AIDS Fund.

17 (e) At the close of each fiscal year the Coordinator may

18 transfer out of the HIV/AIDS Fund to other HIV/AIDS

19 programmatic areas such amounts as the Coordinator de20 termines to be in excess of the needs of the HIV/AIDS Fund.

21 (f) At the close of each fiscal year the Coordinator shall

22 submit a report to the Committees on Appropriations de23 tailing the financial activities of the HIV/AIDS Fund, in24 cluding sources of income and information regarding dis25 bursements.
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1 DEMOCRACY PROGRAMS

2 SEC. 5026. (a) Notwithstanding any other provision

3 of law, of the funds appropriated by this Act to carry out

4 the provisions of chapter 4 of part II of the Foreign Assist5 ance Act of 1961, not less than $35,000,000 shall be made

6 available for assistance for activities to support democracy,

7 human rights, and the rule of law in the People’s Republic

8 of China and Hong Kong: Provided, That funds appro9 priated under the heading ‘‘Economic Support Fund’’

10 should be made available for assistance for Taiwan for the

11 purposes of furthering political and legal reforms: Provided

12 further, That such funds shall only be made available to

13 the extent that they are matched from sources other than

14 the United States Government: Provided further, That

15 funds made available pursuant to the authority of this sub16 section shall be subject to the regular notification procedures

17 of the Committees on Appropriations.

18 (b)(1) In addition to the funds made available in sub19 section (a), of the funds appropriated by this Act under the

20 heading ‘‘Economic Support Fund’’ not less than

21 $25,000,000 shall be made available for programs and ac22 tivities to foster democracy, human rights, civic education,

23 women’s development, press freedom, and the rule of law

24 in countries with a significant Muslim population, and

25 where such programs and activities would be important to
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1 United States efforts to respond to, deter, or prevent acts

2 of international terrorism: Provided, That funds made

3 available pursuant to the authority of this subsection should

4 support new initiatives and activities in those countries:

5 Provided further, That of the funds appropriated under this

6 heading, $3,000,000 shall be made available for programs

7 and activities that provide professional training for jour8 nalists, of which $2,000,000 shall be made available to

9 Internews: Provided further, That of the funds appropriated

10 under such heading, in addition to other amounts made

11 available for Egypt in this Act, funds shall be made avail12 able to support civil society organizations working for de13 mocracy, human rights, and the rule of law in Egypt: Pro14 vided further, That notwithstanding any other provision of

15 law, not less than $3,000,000 of such funds may be used

16 for making grants to educational, humanitarian and non17 governmental organizations and individuals inside Iran to

18 support the advancement of democracy and human rights

19 in Iran: Provided further, That notwithstanding any other

20 provision of law, funds appropriated pursuant to the au21 thority of this subsection may be made available for democ22 racy, human rights, and rule of law programs for Syria:

23 Provided further, That funds made available pursuant to

24 this subsection shall be subject to the regular notification

25 procedures of the Committees on Appropriations.
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1 (2) In addition to funds made available under sub2 sections (a) and (b)(1), of the funds appropriated by this

3 Act under the heading ‘‘Economic Support Fund’’ not less

4 than $5,000,000 shall be made available for programs and

5 activities of the National Endowment for Democracy to fos6 ter democracy, human rights, civic education, women’s de7 velopment, press freedom, and the rule of law in countries

8 in sub-Saharan Africa, and not less than $1,500,000 shall

9 be made available for such programs and activities of the

10 National Endowment for Democracy in countries in Asia.

11 (c) Of the funds made available under subsection (a),

12 not less than $15,000,000 shall be made available for the

13 Human Rights and Democracy Fund of the Bureau of De14 mocracy, Human Rights and Labor, Department of State,

15 to support the activities described in subsection (a), and

16 of the funds made available under subsection (b)(1), not less

17 than $15,000,000 shall be made available for such Fund

18 to support the activities described in subsection (b)(1): Pro19 vided, That the total amount of funds made available by

20 this Act under ‘‘Economic Support Fund’’ for activities of

21 the Bureau of Democracy, Human Rights and Labor, De22 partment of State, including funds available in this section,

23 shall be not less than $57,000,000.

24 (d) Of the funds made available under subsection (a),

25 not less than $10,000,000 shall be made available for the
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1 National Endowment for Democracy to support the activi2 ties described in subsection (a), and of the funds made

3 available under subsection (b)(1), not less than $5,000,000

4 shall be made available for the National Endowment for

5 Democracy to support the activities described in subsection

6 (b)(1): Provided, That the Secretary of State shall provide

7 a report to the Committees on Appropriations within 120

8 days of the date of enactment of this Act on the status of

9 the allocation and obligation of such funds.

10 (e) Of the funds made available under subsection (a),

11 $10,000,000 shall be made available to American edu12 cational institutions for programs and activities in the Peo13 ple’s Republic of China relating to the environment, democ14 racy and the rule of law: Provided, That funds available

15 under this subsection shall be made available subject to

16 prior consultation with the Committees on Appropriations.

17 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

18 COUNTRIES

19 SEC. 5027. (a) Funds appropriated for bilateral assist20 ance under any heading of this Act and funds appropriated

21 under any such heading in a provision of law enacted prior

22 to the enactment of this Act, shall not be made available

23 to any country which the President determines—

24 (1) grants sanctuary from prosecution to any in25 dividual or group which has committed an act of

26 international terrorism; or
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1 (2) otherwise supports international terrorism.

2 (b) The President may waive the application of sub3 section (a) to a country if the President determines that

4 national security or humanitarian reasons justify such

5 waiver. The President shall publish each waiver in the Fed6 eral Register and, at least 15 days before the waiver takes

7 effect, shall notify the Committees on Appropriations of the

8 waiver (including the justification for the waiver) in ac9 cordance with the regular notification procedures of the

10 Committees on Appropriations.

11 DEBT-FOR-DEVELOPMENT

12 SEC. 5028. In order to enhance the continued partici13 pation of nongovernmental organizations in debt-for-devel14 opment and debt-for-nature exchanges, a nongovernmental

15 organization which is a grantee or contractor of the United

16 States Agency for International Development may place in

17 interest bearing accounts local currencies which accrue to

18 that organization as a result of economic assistance pro19 vided under title II of this Act and, subject to the regular

20 notification procedures of the Committees on Appropria21 tions, any interest earned on such investment shall be used

22 for the purpose for which the assistance was provided to

23 that organization.

24 SEPARATE ACCOUNTS

25 SEC. 5029. (a) SEPARATE ACCOUNTS FOR LOCAL CUR26 RENCIES.—(1) If assistance is furnished to the government
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1 of a foreign country under chapters 1 and 10 of part I or

2 chapter 4 of part II of the Foreign Assistance Act of 1961

3 under agreements which result in the generation of local

4 currencies of that country, the Administrator of the United

5 States Agency for International Development shall—

6 (A) require that local currencies be deposited in

7 a separate account established by that government;

8 (B) enter into an agreement with that govern9 ment which sets forth—

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

11 generated; and

12 (ii) the terms and conditions under which

13 the currencies so deposited may be utilized, con14 sistent with this section; and

15 (C) establish by agreement with that government

16 the responsibilities of the United States Agency for

17 International Development and that government to

18 monitor and account for deposits into and disburse19 ments from the separate account.

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

21 upon with the foreign government, local currencies depos22 ited in a separate account pursuant to subsection (a), or

23 an equivalent amount of local currencies, shall be used

24 only—
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1 (A) to carry out chapter 1 or 10 of part I or

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

3 purposes as—

4 (i) project and sector assistance activities;

5 or

6 (ii) debt and deficit financing; or

7 (B) for the administrative requirements of the

8 United States Government.

9 (3) PROGRAMMING ACCOUNTABILITY.—The United

10 States Agency for International Development shall take all

11 necessary steps to ensure that the equivalent of the local cur12 rencies disbursed pursuant to subsection (a)(2)(A) from the

13 separate account established pursuant to subsection (a)(1)

14 are used for the purposes agreed upon pursuant to sub15 section (a)(2).

16 (4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon

17 termination of assistance to a country under chapter 1 or

18 10 of part I or chapter 4 of part II (as the case may be),

19 any unencumbered balances of funds which remain in a

20 separate account established pursuant to subsection (a)

21 shall be disposed of for such purposes as may be agreed to

22 by the government of that country and the United States

23 Government.

24 (5) REPORTING REQUIREMENT.—The Administrator of

25 the United States Agency for International Development
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1 shall report on an annual basis as part of the justification

2 documents submitted to the Committees on Appropriations

3 on the use of local currencies for the administrative require4 ments of the United States Government as authorized in

5 subsection (a)(2)(B), and such report shall include the

6 amount of local currency (and United States dollar equiva7 lent) used and/or to be used for such purpose in each appli8 cable country.

9 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1)

10 If assistance is made available to the government of a for11 eign country, under chapter 1 or 10 of part I or chapter

12 4 of part II of the Foreign Assistance Act of 1961, as cash

13 transfer assistance or as nonproject sector assistance, that

14 country shall be required to maintain such funds in a sepa15 rate account and not commingle them with any other funds.

16 (2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—

17 Such funds may be obligated and expended notwithstanding

18 provisions of law which are inconsistent with the nature

19 of this assistance including provisions which are referenced

20 in the Joint Explanatory Statement of the Committee of

21 Conference accompanying House Joint Resolution 648

22 (House Report No. 98–1159).

23 (3) NOTIFICATION.—At least 15 days prior to obli24 gating any such cash transfer or nonproject sector assist25 ance, the President shall submit a notification through the
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1 regular notification procedures of the Committees on Appro2 priations, which shall include a detailed description of how

3 the funds proposed to be made available will be used, with

4 a discussion of the United States interests that will be

5 served by the assistance (including, as appropriate, a de6 scription of the economic policy reforms that will be pro7 moted by such assistance).

8 (4) EXEMPTION.—Nonproject sector assistance funds

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

10 only through the notification procedures of the Committees

11 on Appropriations.

12 ENTERPRISE FUND RESTRICTIONS

13 SEC. 5030. (a) Prior to the distribution of any assets

14 resulting from any liquidation, dissolution, or winding up

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

16 shall submit to the Committees on Appropriations, in ac17 cordance with the regular notification procedures of the

18 Committees on Appropriations, a plan for the distribution

19 of the assets of the Enterprise Fund.

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

21 Funds shall be expended at the minimum rate necessary

22 to make timely payment for projects and activities.

23 BURMA

24 SEC. 5031. (a) The Secretary of the Treasury shall in25 struct the United States executive director to each appro26 priate international financial institution in which the
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1 United States participates, to oppose and vote against the

2 extension by such institution of any loan or financial or

3 technical assistance or any other utilization of funds of the

4 respective bank to and for Burma.

5 (b) Of the funds appropriated under the heading ‘‘Eco6 nomic Support Fund’’, not less than $15,000,000 shall be

7 made available to support democracy activities in Burma,

8 along the Burma-Thailand border, for activities of Burmese

9 student groups and other organizations located outside

10 Burma, and for the purpose of supporting the provision of

11 humanitarian assistance to displaced Burmese along Bur12 ma’s borders: Provided, That funds made available under

13 this heading may be made available notwithstanding any

14 other provision of law: Provided further, That in addition

15 to assistance for Burmese refugees provided under the head16 ing ‘‘Migration and Refugee Assistance’’ in this Act, not

17 less than $4,000,000 of the funds made available under this

18 heading shall be made available for humanitarian assist19 ance for displaced Burmese and host communities in Thai20 land, and not less than $3,000,000 of such funds shall be

21 made available to Thailand-based, nongovernmental orga22 nizations operating along the Thai-Burma border to pro23 vide food, medical and other humanitarian assistance to in24 ternally displaced peoples in Burma: Provided further,

25 That funds made available under this section shall be sub-
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1 ject to the regular notification procedures of the Committees

2 on Appropriations.

3 (c) None of the funds appropriated by this Act may

4 be made available to the central government of any country

5 that is a major provider of weapons or other defense-related

6 equipment to the State Peace and Development Council.

7 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

8 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

9 SEC. 5032. Unless expressly provided to the contrary,

10 provisions of this or any other Act, including provisions

11 contained in prior Acts authorizing or making appropria12 tions for foreign operations, export financing, and related

13 programs, shall not be construed to prohibit activities au14 thorized by or conducted under the Peace Corps Act, the

15 Inter-American Foundation Act or the African Develop16 ment Foundation Act. The agency shall promptly report to

17 the Committees on Appropriations whenever it is con18 ducting activities or is proposing to conduct activities in

19 a country for which assistance is prohibited.

20 IMPACT ON JOBS IN THE UNITED STATES

21 SEC. 5033. None of the funds appropriated by this Act

22 may be obligated or expended to provide—

23 (a) any financial incentive to a business enter24 prise currently located in the United States for the

25 purpose of inducing such an enterprise to relocate

26 outside the United States if such incentive or induce-
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1 ment is likely to reduce the number of employees of

2 such business enterprise in the United States because

3 United States production is being replaced by such

4 enterprise outside the United States; or

5 (b) assistance for any program, project, or activ6 ity that contributes to the violation of internationally

7 recognized workers rights, as defined in section 507(4)

8 of the Trade Act of 1974, of workers in the recipient

9 country, including any designated zone or area in

10 that country: Provided, That the application of sec11 tion 507(4) (D) and (E) of such Act should be com12 mensurate with the level of development of the recipi13 ent country and sector, and shall not preclude assist14 ance for the informal sector in such country, micro

15 and small-scale enterprise, and smallholder agri16 culture.

17 SPECIAL AUTHORITIES

18 SEC. 5034. (a) AFGHANISTAN, IRAQ, PAKISTAN, LEB19 ANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED CHIL20 DREN, AND DISPLACED BURMESE.—Funds appropriated by

21 this Act that are made available for assistance for Afghani22 stan may be made available notwithstanding section 5012

23 of this Act or any similar provision of law and section 660

24 of the Foreign Assistance Act of 1961, and funds appro25 priated in titles I and II of this Act that are made available

26 for Iraq, Lebanon, Montenegro, Pakistan, and for victims
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1 of war, displaced children, and displaced Burmese, and to

2 assist victims of trafficking in persons and, subject to the

3 regular notification procedures of the Committees on Appro4 priations, to combat such trafficking and to address sexual

5 and gender-based violence, may be made available notwith6 standing any other provision of law.

7 (b) TROPICAL FORESTRY AND BIODIVERSITY CON8 SERVATION ACTIVITIES.—Funds appropriated by this Act

9 to carry out the provisions of sections 103 through 106, and

10 chapter 4 of part II, of the Foreign Assistance Act of 1961

11 may be used, notwithstanding any other provision of law,

12 for the purpose of supporting tropical forestry and biodiver13 sity conservation activities and energy programs aimed at

14 reducing greenhouse gas emissions: Provided, That such as15 sistance shall be subject to sections 116, 502B, and 620A

16 of the Foreign Assistance Act of 1961.

17 (c) PERSONAL SERVICES CONTRACTORS.—Funds ap18 propriated by this Act to carry out chapter 1 of part I,

19 chapter 4 of part II, and section 667 of the Foreign Assist20 ance Act of 1961, and title II of the Agricultural Trade

21 Development and Assistance Act of 1954, may be used by

22 the United States Agency for International Development to

23 employ up to 25 personal services contractors in the United

24 States, notwithstanding any other provision of law, for the

25 purpose of providing direct, interim support for new or ex-
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1 panded overseas programs and activities managed by the

2 agency until permanent direct hire personnel are hired and

3 trained: Provided, That not more than 10 of such contrac4 tors shall be assigned to any bureau or office: Provided fur5 ther, That such funds appropriated to carry out title II of

6 the Agricultural Trade Development and Assistance Act of

7 1954, may be made available only for personal services con8 tractors assigned to the Office of Food for Peace.

9 (d)(1) WAIVER.—The President may waive the provi10 sions of section 1003 of Public Law 100–204 if the Presi11 dent determines and certifies in writing to the Speaker of

12 the House of Representatives and the President pro tempore

13 of the Senate that it is important to the national security

14 interests of the United States.

15 (2) PERIOD OF APPLICATION OF WAIVER.—Any waiver

16 pursuant to paragraph (1) shall be effective for no more

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

18 beyond 12 months after the enactment of this Act.

19 (e) SMALL BUSINESS.—In entering into multiple

20 award indefinite-quantity contracts with funds appro21 priated by this Act, the United States Agency for Inter22 national Development may provide an exception to the fair

23 opportunity process for placing task orders under such con24 tracts when the order is placed with any category of small

25 or small disadvantaged business.
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1 (f) CONTINGENCIES.—During fiscal year 2005, the

2 President may use up to $50,000,000 under the authority

3 of section 451 of the Foreign Assistance Act of 1961, not4 withstanding the funding ceiling in section 451(a).

5 (g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—

6 In providing assistance with funds appropriated by this

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

8 of 1961, support for a nation emerging from instability

9 may be deemed to mean support for regional, district, mu10 nicipal, or other sub-national entity emerging from insta11 bility, as well as a nation emerging from instability.

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

13 by the Bureau for Democracy, Conflict, and Humanitarian

14 Assistance of the United States Agency for International

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

16 $6,000,000 shall be made available as a general contribu17 tion to the World Food Program, notwithstanding any other

18 provision of law.

19 (i) NATIONAL ENDOWMENT FOR DEMOCRACY.—Funds

20 appropriated by this Act that are provided to the National

21 Endowment for Democracy may be provided notwith22 standing any other provision of law or regulation.

23 (j) SUDAN.—For the purposes of section 501 of Public

24 Law 106–570, the terms ‘‘areas outside of control of the

25 Government of Sudan’’ and ‘‘area in Sudan outside of con-
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1 trol of the Government of Sudan’’ shall, upon conclusion

2 of a peace agreement between the Government of Sudan and

3 the Sudan People’s Liberation Movement, have the same

4 meaning and application as was the case immediately prior

5 to the conclusion of such agreement.

6 (k) INDOCHINESE PAROLEES.—Section 586 of the For7 eign Operations, Export Financing, and Related Programs

8 Appropriations Act, 2001 (8 U.S.C. 1255 note), as enacted

9 into law by section 101(a) of Public Law 106–429, is

10 amended—

11 (1) by striking ‘‘Attorney General’’ each place

12 that term appears and inserting ‘‘Secretary of Home13 land Security’’;

14 (2) in subsection (a)—

15 (A) in the matter preceding paragraph (1),

16 by striking ‘‘she’’ and inserting ‘‘the Secretary of

17 Homeland Security’’; and

18 (B) in paragraph (1), by striking ‘‘within

19 three years after the date of promulgation by the

20 Attorney General of regulations in connection

21 with this title’’;

22 (3) in subsection (c), by striking ‘‘212(8)(A)’’

23 and inserting ‘‘212(a)(8)(A)’’;

24 (4) by striking subsection (d);
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1 (5) by redesignating subsections (e) and (f) as

2 subsections (d) and (e), respectively;

3 (6) by adding at the end the following new sub4 section:

5 ‘‘(f) ADJUDICATION OF APPLICATIONS.—The Secretary

6 of Homeland Security shall—

7 ‘‘(1) adjudicate applications for adjustment

8 under this section, notwithstanding any limitation on

9 the number of adjustments under this section or any

10 deadline for such applications that previously existed

11 in law or regulation; and

12 ‘‘(2) not charge a fee in addition to any fee that

13 previously was submitted with such application.’’;

14 and

15 (7) The amendments made by this subsection

16 shall take effect as if enacted as part of the Foreign

17 Operations, Export Financing, and Related Programs

18 Appropriations Act, 2001.

19 (l) EXTENSION OF AUTHORITY.—Public Law 107–57,

20 as amended, is further amended—

21 (1) in section 1(b) by striking ‘‘2004’’ wherever

22 appearing (including in the caption), and inserting

23 in lieu thereof ‘‘2005’’;

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

25 inserting in lieu thereof ‘‘2004 and 2005’’; and
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1 (3) in section 6, by striking ‘‘2004’’ and insert2 ing in lieu thereof ‘‘2005’’.

3 (m) ENDOWMENTS.—

4 (1) Of the funds appropriated by this Act and

5 prior Acts making appropriations for foreign oper6 ations, export financing, and related programs, that

7 are available for assistance for Cambodia, the fol8 lowing amounts should be made available as follows:

9 (A) $5,000,000 for an endowment for a

10 Cambodian nongovernmental organization to

11 document genocide and crimes against humanity

12 in Cambodia; and

13 (B) $3,750,000 for an endowment for an

14 American nongovernmental organization to sus15 tain rehabilitation programs in Cambodia for

16 persons suffering from physical disabilities.

17 (2) Such organizations may place amounts made

18 available under this subsection in interest bearing ac19 counts and any interest earned on such investment

20 shall be used for the purpose for which funds were

21 made available under this subsection.

22 (3) Funds appropriated in subsequent Acts mak23 ing appropriations for foreign operations, export fi24 nancing, and related programs may also be used for

25 purposes of this subsection.
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1 (n) CONFORMITY OF LAWS.—Title 16, United States

2 Code is amended—

3 (1) in section 3371(f), by inserting ‘‘or foreign

4 country’’ after ‘‘indigenous to any State’’;

5 (2) in section 3371(f)(B), by inserting ‘‘or for6 eign’’ after ‘‘State’’;

7 (3) in section 3372(a)(2)(B), by inserting before

8 the semicolon ‘‘or in violation of any foreign law’’;

9 and

10 (4) in section 3372(a)(3)(B), by inserting before

11 the semicolon ‘‘or in violation of any foreign law’’.

12 (o) EXTENSION OF AUTHORITY.—Chapter 5 of title I

13 of the Emergency Wartime Supplemental Appropriations

14 Act, 2003 (Public Law 108–11), is amended under the head15 ing ‘‘Loan Guarantees to Israel’’—

16 (1) by striking ‘‘During the period beginning

17 March 1, 2003, and ending September 30, 2005,’’ and

18 inserting ‘‘During the period beginning March 1,

19 2003, and ending September 30, 2007,’’; and

20 (2) by striking ‘‘That if less than the full amount

21 of guarantees authorized to be made available is

22 issued prior to September 30, 2005,’’ and inserting

23 ‘‘That if less than the full amount of guarantees au24 thorized to be made available is issued prior to Sep25 tember 30, 2007,’’.
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1 (p) AFFORDABLE HOUSING.—Section 607(b)(3)(B) of

2 title VI of division D of the Consolidated Appropriations

3 Act of 2004, P.L. 108–199, January 23, 2004, is amended

4 by striking ‘‘and’’ under subparagraph (A), and inserting

5 before the period in subparagraph (B): ‘‘; and (C) provide

6 decent, affordable housing’’

7 ARAB LEAGUE BOYCOTT OF ISRAEL

8 SEC. 5035. It is the sense of the Congress that—

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

10 secondary boycott of American firms that have com11 mercial ties with Israel, is an impediment to peace

12 in the region and to United States investment and

13 trade in the Middle East and North Africa;

14 (2) the Arab League boycott, which was regret15 tably reinstated in 1997, should be immediately and

16 publicly terminated, and the Central Office for the

17 Boycott of Israel immediately disbanded;

18 (3) the three Arab League countries with diplo19 matic and trade relations with Israel should return

20 their ambassadors to Israel, should refrain from

21 downgrading their relations with Israel, and should

22 play a constructive role in securing a peaceful resolu23 tion of the Israeli-Arab conflict;

24 (4) the remaining Arab League states should

25 normalize relations with their neighbor Israel;
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1 (5) the President and the Secretary of State

2 should continue to vigorously oppose the Arab League

3 boycott of Israel and find concrete steps to dem4 onstrate that opposition by, for example, taking into

5 consideration the participation of any recipient coun6 try in the boycott when determining to sell weapons

7 to said country; and

8 (6) the President should report to Congress an9 nually on specific steps being taken by the United

10 States to encourage Arab League states to normalize

11 their relations with Israel to bring about the termi12 nation of the Arab League boycott of Israel, including

13 those to encourage allies and trading partners of the

14 United States to enact laws prohibiting businesses

15 from complying with the boycott and penalizing busi16 nesses that do comply.

17 ELIGIBILITY FOR ASSISTANCE

18 SEC. 5036. (a) ASSISTANCE THROUGH NONGOVERN19 MENTAL ORGANIZATIONS.—Restrictions contained in this

20 or any other Act with respect to assistance for a country

21 shall not be construed to restrict assistance in support of

22 programs of nongovernmental organizations from funds ap23 propriated by this Act to carry out the provisions of chap24 ters 1, 10, 11, and 12 of part I and chapter 4 of part II

25 of the Foreign Assistance Act of 1961, and from funds ap26 propriated under the heading ‘‘Assistance for Eastern Eu-
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1 rope and the Baltic States’’: Provided, That before using

2 the authority of this subsection to furnish assistance in sup3 port of programs of nongovernmental organizations, the

4 President shall notify the Committees on Appropriations

5 under the regular notification procedures of those commit6 tees, including a description of the program to be assisted,

7 the assistance to be provided, and the reasons for furnishing

8 such assistance: Provided further, That nothing in this sub9 section shall be construed to alter any existing statutory

10 prohibitions against abortion or involuntary sterilizations

11 contained in this or any other Act.

12 (b) PUBLIC LAW 480.—During fiscal year 2005, re13 strictions contained in this or any other Act with respect

14 to assistance for a country shall not be construed to restrict

15 assistance under the Agricultural Trade Development and

16 Assistance Act of 1954: Provided, That none of the funds

17 appropriated to carry out title I of such Act and made

18 available pursuant to this subsection may be obligated or

19 expended except as provided through the regular notifica20 tion procedures of the Committees on Appropriations.

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

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

23 Assistance Act of 1961 or any comparable provision

24 of law prohibiting assistance to countries that support

25 international terrorism; or
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1 (2) with respect to section 116 of the Foreign As2 sistance Act of 1961 or any comparable provision of

3 law prohibiting assistance to the government of a

4 country that violates internationally recognized

5 human rights.

6 RESERVATIONS OF FUNDS

7 SEC. 5037. (a) Funds appropriated by this Act which

8 are earmarked may be reprogrammed for other programs

9 within the same account notwithstanding the earmark if

10 compliance with the earmark is made impossible by oper11 ation of any provision of this or any other Act: Provided,

12 That any such reprogramming shall be subject to the reg13 ular notification procedures of the Committees on Appro14 priations: Provided further, That assistance that is repro15 grammed pursuant to this subsection shall be made avail16 able under the same terms and conditions as originally pro17 vided.

18 (b) In addition to the authority contained in sub19 section (a), the original period of availability of funds ap20 propriated by this Act and administered by the United

21 States Agency for International Development that are ear22 marked for particular programs or activities by this or any

23 other Act shall be extended for an additional fiscal year

24 if the Administrator of such agency determines and reports

25 promptly to the Committees on Appropriations that the ter26 mination of assistance to a country or a significant change
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1 in circumstances makes it unlikely that such earmarked

2 funds can be obligated during the original period of avail3 ability: Provided, That such earmarked funds that are con4 tinued available for an additional fiscal year shall be obli5 gated only for the purpose of such earmark.

6 CEILINGS AND EARMARKS

7 SEC. 5038. Ceilings and earmarks contained in this

8 Act shall not be applicable to funds or authorities appro9 priated or otherwise made available by any subsequent Act

10 unless such Act specifically so directs. Earmarks or min11 imum funding requirements contained in any other Act

12 shall not be applicable to funds appropriated by this Act.

13 PROHIBITION ON PUBLICITY OR PROPAGANDA

14 SEC. 5039. No part of any appropriation contained

15 in this Act shall be used for publicity or propaganda pur16 poses within the United States not authorized before the

17 date of the enactment of this Act by the Congress: Provided,

18 That not to exceed $750,000 may be made available to carry

19 out the provisions of section 316 of Public Law 96–533.

20 PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

21 SEC. 5040. None of the funds appropriated or made

22 available pursuant to this Act for carrying out the Foreign

23 Assistance Act of 1961, may be used to pay in whole or

24 in part any assessments, arrearages, or dues of any member

25 of the United Nations or, from funds appropriated by this

26 Act to carry out chapter 1 of part I of the Foreign Assist-
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1 ance Act of 1961, the costs for participation of another

2 country’s delegation at international conferences held under

3 the auspices of multilateral or international organizations.

4 NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION

5 SEC. 5041. None of the funds appropriated or made

6 available pursuant to this Act shall be available to a non7 governmental organization which fails to provide upon

8 timely request any document, file, or record necessary to

9 the auditing requirements of the United States Agency for

10 International Development.

11 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS

12 THAT EXPORT LETHAL MILITARY EQUIPMENT TO

13 COUNTRIES SUPPORTING INTERNATIONAL TERRORISM

14 SEC. 5042. (a) None of the funds appropriated or oth15 erwise made available by this Act may be available to any

16 foreign government which provides lethal military equip17 ment to a country the government of which the Secretary

18 of State has determined is a terrorist government for pur19 poses of section 6(j) of the Export Administration Act. The

20 prohibition under this section with respect to a foreign gov21 ernment shall terminate 12 months after that government

22 ceases to provide such military equipment. This section ap23 plies with respect to lethal military equipment provided

24 under a contract entered into after October 1, 1997.

25 (b) Assistance restricted by subsection (a) or any other

26 similar provision of law, may be furnished if the President
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1 determines that furnishing such assistance is important to

2 the national interests of the United States.

3 (c) Whenever the waiver authority of subsection (b) is

4 exercised, the President shall submit to the appropriate con5 gressional committees a report with respect to the fur6 nishing of such assistance. Any such report shall include

7 a detailed explanation of the assistance to be provided, in8 cluding the estimated dollar amount of such assistance, and

9 an explanation of how the assistance furthers United States

10 national interests.

11 WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND

12 REAL PROPERTY TAXES OWED BY FOREIGN COUNTRIES

13 SEC. 5043. (a) Subject to subsection (c), of the funds

14 appropriated by this Act that are made available for assist15 ance for a foreign country, an amount equal to 110 percent

16 of the total amount of the unpaid fully adjudicated parking

17 fines and penalties and unpaid property taxes owed by the

18 central government of such country shall be withheld from

19 obligation for assistance for the central government of such

20 country until the Secretary of State submits a certification

21 to the appropriate congressional committees stating that

22 such parking fines and penalties and unpaid property taxes

23 are fully paid.

24 (b) Funds withheld from obligation pursuant to sub25 section (a) may be made available for other programs or

26 activities funded by this Act, after consultation with and
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1 subject to the regulation notification procedures of the ap2 propriate congressional committees, provided that no such

3 funds shall be made available for assistance for the central

4 government of a foreign country that has not paid the total

5 amount of the fully adjudicated parking fines and penalties

6 and upaid property taxes owed by such country.

7 (c) Subsection (a) shall not include amounts that have

8 been withheld under any other provision of law.

9 (d)(1) The Secretary of State may waive the require10 ments set forth in subsection (a) with respect to parking

11 fines and penalties no sooner than 60 days from the date

12 of enactment of this Act, or at any time with respect to

13 a particular country, if the Secretary determines that it

14 is in the national interests of the United States to do so.

15 (2) the Secretary of State may waive the requirements set

16 forth in subsection (a) with respect to the unpaid property

17 taxes if the Secretary of State determines that it is in the

18 national interests of the United States to do so.

19 (e) Not later than 6 months after the initial exercise

20 of the waiver authority in subsection (d), the Secretary of

21 State, after consultations with the City of New York, shall

22 submit a report to the Committees on Appropriations de23 scribing a strategy, including a timetable and steps cur24 rently being taken, to collect the parking fines and penalties
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1 and unpaid property taxes and interest owed by nations

2 receiving foreign assistance under this Act.

3 (f) In this section:

4 (1) The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Appropriations of

6 the Senate and the Committee on Appropriations of

7 the House of Representatives.

8 (2) The term ‘‘fully adjudicated’’ includes cir9 cumstances in which the person to whom the vehicle

10 is registered—

11 (A)(i) has not responded to the parking vio12 lation summons; or

13 (ii) has not followed the appropriate adju14 dication procedure to challenge the summons;

15 and

16 (B) the period of time for payment of or

17 challenge to the summons has lapsed.

18 (3) The term ‘‘parking fines and penalties’’

19 means parking fines and penalties—

20 (A) owed to—

21 (i) the District of Columbia; or

22 (ii) New York, New York; and

23 (B) incurred during the period April 1,

24 1997 through September 30, 2004.
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1 (4) The term ‘unpaid property taxes’ means the

2 amount of unpaid taxes and interest on such taxes

3 that have accrued on real property in the District of

4 Columbia or New York, New York under applicable

5 law.

6 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST

7 BANK AND GAZA

8 SEC. 5044. None of the funds appropriated by this Act

9 may be obligated for assistance for the Palestine Liberation

10 Organization for the West Bank and Gaza unless the Presi11 dent has exercised the authority under section 604(a) of the

12 Middle East Peace Facilitation Act of 1995 (title VI of Pub13 lic Law 104–107) or any other legislation to suspend or

14 make inapplicable section 307 of the Foreign Assistance Act

15 of 1961 and that suspension is still in effect: Provided, That

16 if the President fails to make the certification under section

17 604(b)(2) of the Middle East Peace Facilitation Act of 1995

18 or to suspend the prohibition under other legislation, funds

19 appropriated by this Act may not be obligated for assistance

20 for the Palestine Liberation Organization for the West Bank

21 and Gaza.

22 WAR CRIMES TRIBUNALS DRAWDOWN

23 SEC. 5045. If the President determines that doing so

24 will contribute to a just resolution of charges regarding

25 genocide or other violations of international humanitarian

26 law, the President may direct a drawdown pursuant to sec-
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1 tion 552(c) of the Foreign Assistance Act of 1961 of up to

2 $32,000,000 of commodities and services for the United Na3 tions War Crimes Tribunal established with regard to the

4 former Yugoslavia by the United Nations Security Council

5 or such other tribunals or commissions as the Council may

6 establish or authorize to deal with such violations, without

7 regard to the ceiling limitation contained in paragraph (2)

8 thereof: Provided, That the determination required under

9 this section shall be in lieu of any determinations otherwise

10 required under section 552(c): Provided further, That the

11 drawdown made under this section for any tribunal shall

12 not be construed as an endorsement or precedent for the es13 tablishment of any standing or permanent international

14 criminal tribunal or court: Provided further, That funds

15 made available for tribunals other than Yugoslavia, Rwan16 da, or the Special Court for Sierra Leone shall be made

17 available subject to the regular notification procedures of

18 the Committees on Appropriations.

19 LANDMINES

20 SEC. 5046. Notwithstanding any other provision of

21 law, demining equipment available to the United States

22 Agency for International Development and the Department

23 of State and used in support of the clearance of landmines

24 and unexploded ordnance for humanitarian purposes may

25 be disposed of on a grant basis in foreign countries, subject
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1 to such terms and conditions as the President may pre2 scribe.

3 RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

4 SEC. 5047. None of the funds appropriated by this Act

5 may be obligated or expended to create in any part of Jeru6 salem a new office of any department or agency of the

7 United States Government for the purpose of conducting of8 ficial United States Government business with the Pales9 tinian Authority over Gaza and Jericho or any successor

10 Palestinian governing entity provided for in the Israel-PLO

11 Declaration of Principles: Provided, That this restriction

12 shall not apply to the acquisition of additional space for

13 the existing Consulate General in Jerusalem: Provided fur14 ther, That meetings between officers and employees of the

15 United States and officials of the Palestinian Authority, or

16 any successor Palestinian governing entity provided for in

17 the Israel-PLO Declaration of Principles, for the purpose

18 of conducting official United States Government business

19 with such authority should continue to take place in loca20 tions other than Jerusalem. As has been true in the past,

21 officers and employees of the United States Government

22 may continue to meet in Jerusalem on other subjects with

23 Palestinians (including those who now occupy positions in

24 the Palestinian Authority), have social contacts, and have

25 incidental discussions.
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1 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

2 SEC. 5048. None of the funds appropriated or other3 wise made available by this Act under the heading ‘‘Inter4 national Military Education and Training’’ or ‘‘Foreign

5 Military Financing Program’’ for Informational Program

6 activities or under the headings ‘‘Child Survival and

7 Health Programs Fund’’, ‘‘Development Assistance’’, and

8 ‘‘Economic Support Fund’’ may be obligated or expended

9 to pay for—

10 (1) alcoholic beverages; or

11 (2) entertainment expenses for activities that are

12 substantially of a recreational character, including

13 but not limited to entrance fees at sporting events,

14 theatrical and musical productions, and amusement

15 parks.

16 HAITI

17 SEC. 5049. (a) Of the funds appropriated by this Act,

18 not less than the following amounts shall be made available

19 for assistance for Haiti—

20 (1) $20,000,000 from ‘‘Child Survival and

21 Health Programs Fund’’, including $2,000,000 for

22 Zanmi Lasante;

23 (2) $25,000,000 from ‘‘Development Assistance’’,

24 of which not less than $15,000,000 shall be made

25 available for agriculture and environment programs,
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1 including $2,000,000 for the Hillside Agriculture Pro2 duction program;

3 (3) $35,000,000 from ‘‘Economic Support Fund’’,

4 $25,000,000 of which shall be made available for judi5 cial reform programs, and $10,000,000 of which shall

6 be made available to the Organization of American

7 States for expenses related to the organization and

8 holding of free and fair elections in Haiti in 2005;

9 and

10 (4) $10,000,000 from ‘‘International Narcotics

11 Control and Law Enforcement’’, which shall be made

12 available for police training.

13 (b) The Government of Haiti shall be eligible to pur14 chase defense articles and services under the Arms Export

15 Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard.

16 (c) Not later than 60 days after enactment of this Act,

17 the Secretary of State shall submit a report to the Commit18 tees on Appropriations containing an assessment of the

19 Haitian Government’s role in the trial and acquittal of

20 Louis Jodel Chamblain, and of the Haitian Government’s

21 efforts to prosecute and punish individuals responsible for

22 gross violations of human rights.

23 (d) Not less than 90 days after enactment of this Act,

24 the Secretary of State shall submit a report to the Commit-
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1 tees on Appropriations which contains a detailed multi2 year assistance strategy for Haiti.

3 (e) Not later than 180 days after enactment of this

4 Act and after consultation with appropriate international

5 development organizations and Haitian officials, organiza6 tions and communities, the Administrator of the United

7 States Agency for International Development shall submit

8 a report to the Committees on Appropriations setting forth

9 a plan for the reforestation of areas in Haiti that are vul10 nerable to erosion which pose significant danger to human

11 health and safety.

12 LIMITATION ON ASSISTANCE TO THE PALESTINIAN

13 AUTHORITY

14 SEC. 5050. (a) PROHIBITION OF FUNDS.—None of the

15 funds appropriated by this Act to carry out the provisions

16 of chapter 4 of part II of the Foreign Assistance Act of 1961

17 may be obligated or expended with respect to providing

18 funds to the Palestinian Authority.

19 (b) WAIVER.—The prohibition included in subsection

20 (a) shall not apply if the President certifies in writing to

21 the Speaker of the House of Representatives and the Presi22 dent pro tempore of the Senate that waiving such prohibi23 tion is important to the national security interests of the

24 United States.

25 (c) PERIOD OF APPLICATION OF WAIVER.—Any waiv26 er pursuant to subsection (b) shall be effective for no more
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1 than a period of 6 months at a time and shall not apply

2 beyond 12 months after the enactment of this Act.

3 (d) REPORT.—Whenever the waiver authority pursu4 ant to subsection (b) is exercised, the President shall submit

5 a report to the Committees on Appropriations detailing the

6 steps the Palestinian Authority has taken to arrest terror7 ists, confiscate weapons and dismantle the terrorist infra8 structure. The report shall also include a description of how

9 funds will be spent and the accounting procedures in place

10 to ensure that they are properly disbursed.

11 LIMITATION ON ASSISTANCE TO SECURITY FORCES

12 SEC. 5051. None of the funds made available by this

13 Act may be provided to any unit of the security forces of

14 a foreign country if the Secretary of State has credible evi15 dence that such unit has committed gross violations of

16 human rights, unless the Secretary determines and reports

17 to the Committees on Appropriations that the government

18 of such country is taking effective measures to bring the re19 sponsible members of the security forces unit to justice: Pro20 vided, That nothing in this section shall be construed to

21 withhold funds made available by this Act from any unit

22 of the security forces of a foreign country not credibly al23 leged to be involved in gross violations of human rights:

24 Provided further, That in the event that funds are withheld

25 from any unit pursuant to this section, the Secretary of

26 State shall promptly inform the foreign government of the
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1 basis for such action and shall, to the maximum extent

2 practicable, assist the foreign government in taking effective

3 measures to bring the responsible members of the security

4 forces to justice.

5 FOREIGN MILITARY TRAINING REPORT

6 SEC. 5052. The annual foreign military training re7 port required by section 656 of the Foreign Assistance Act

8 of 1961 shall be submitted by the Secretary of Defense and

9 the Secretary of State to the Committees on Appropriations

10 of the House of Representatives and the Senate by the date

11 specified in that section.

12 AUTHORIZATION REQUIREMENT

13 SEC. 5053. Funds appropriated by this Act, except

14 funds appropriated under the headings ‘‘Trade and Devel15 opment Agency’’, ‘‘Millenium Challenge Corporation’’, and

16 ‘‘Global HIV/AIDS Initiative’’, may be obligated and ex17 pended notwithstanding section 10 of Public Law 91–672

18 and section 15 of the State Department Basic Authorities

19 Act of 1956.

20 CAMBODIA

21 SEC. 5054. (a) The Secretary of the Treasury should

22 instruct the United States executive directors of the inter23 national financial institutions to use the voice and vote of

24 the United States to oppose loans to the Central Govern25 ment of Cambodia, except loans to meet basic human needs.
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1 (b)(1) None of the funds appropriated by this Act may

2 be made available for assistance for the Central Government

3 of Cambodia.

4 (2) Paragraph (1) shall not apply to assistance for

5 basic education, reproductive and maternal and child

6 health, cultural and historic preservation, programs for the

7 prevention, treatment, and control of, and research on,

8 HIV/AIDS, tuberculosis, malaria, polio and other infectious

9 diseases, development and implementation of legislation

10 and implementation of procedures on inter-country adop11 tions consistent with international standards, counter12 narcotics programs, programs to combat human trafficking

13 that are provided through nongovernmental organizations,

14 and for the Ministry of Women and Veterans Affairs to

15 combat human trafficking.

16 (c) Notwithstanding subsection (b), of the funds appro17 priated by this Act under the heading ‘‘Economic Support

18 Fund’’, up to $5,000,000 may be made available for activi19 ties to support democracy, including assistance for demo20 cratic political parties.

21 (d) Funds appropriated by this Act to carry out provi22 sions of section 541 of the Foreign Assistance Act of 1961

23 may be made available notwithstanding subsection (b) only

24 if at least 15 days prior to the obligation of such funds,

25 the Secretary of State provides to the Committees on Appro-
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1 priations a list of those individuals who have been credibly

2 alleged to have ordered or carried out extrajudicial and po3 litical killings that occurred during the March 1997 grenade

4 attack against the Khmer Nation Party.

5 (e) None of the funds appropriated or otherwise made

6 available by this Act may be used to provide assistance to

7 any tribunal established by the Government of Cambodia.

8 PALESTINIAN STATEHOOD

9 SEC. 5055. (a) LIMITATION ON ASSISTANCE.—None of

10 the funds appropriated by this Act may be provided to sup11 port a Palestinian state unless the Secretary of State deter12 mines and certifies to the appropriate congressional com13 mittees that—

14 (1) a new leadership of a Palestinian governing

15 entity has been democratically elected through credible

16 and competitive elections;

17 (2) the elected governing entity of a new Pales18 tinian state—

19 (A) has demonstrated a firm commitment to

20 peaceful co-existence with the State of Israel;

21 (B) is taking appropriate measures to

22 counter terrorism and terrorist financing in the

23 West Bank and Gaza, including the dismantling

24 of terrorist infrastructures;

25 (C) is establishing a new Palestinian secu26 rity entity that is cooperative with appropriate
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1 Israeli and other appropriate security organiza2 tions; and

3 (3) the Palestinian Authority (or the governing

4 body of a new Palestinian state) is working with

5 other countries in the region to vigorously pursue ef6 forts to establish a just, lasting, and comprehensive

7 peace in the Middle East that will enable Israel and

8 an independent Palestinian state to exist within the

9 context of full and normal relationships, which should

10 include—

11 (A) termination of all claims or states of

12 belligerency;

13 (B) respect for and acknowledgement of the

14 sovereignty, territorial integrity, and political

15 independence of every state in the area through

16 measures including the establishment of demili17 tarized zones;

18 (C) their right to live in peace within secure

19 and recognized boundaries free from threats or

20 acts of force;

21 (D) freedom of navigation through inter22 national waterways in the area; and

23 (E) a framework for achieving a just settle24 ment of the refugee problem.
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1 (b) SENSE OF CONGRESS.—It is the sense of Congress

2 that the newly elected governing entity should enact a con3 stitution assuring the rule of law, an independent judici4 ary, and respect for human rights for its citizens, and

5 should enact other laws and regulations assuring trans6 parent and accountable governance.

7 (c) WAIVER.—The President may waive subsection (a)

8 if he determines that it is important to the national security

9 interests of the United States to do so.

10 (d) EXEMPTION.—The restriction in subsection (a)

11 shall not apply to assistance intended to help reform the

12 Palestinian Authority and affiliated institutions, or a

13 newly elected governing entity, in order to help meet the

14 requirements of subsection (a), consistent with the provi15 sions of section 5050 of this Act (‘‘Limitation on Assistance

16 to the Palestinian Authority’’).

17 COLOMBIA

18 SEC. 5056. (a) DETERMINATION AND CERTIFICATION

19 REQUIRED.—Notwithstanding any other provision of law,

20 funds appropriated by this Act that are available for assist21 ance for the Colombian Armed Forces, may be made avail22 able as follows:

23 (1) Up to 75 percent of such funds may be obli24 gated prior to a determination and certification by

25 the Secretary of State pursuant to paragraph (2).
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1 (2) Up to 12.5 percent of such funds may be obli2 gated only after the Secretary of State certifies and

3 reports to the appropriate congressional committees

4 that:

5 (A) The Commander General of the Colom6 bian Armed Forces is suspending from the

7 Armed Forces those members, of whatever rank

8 who, according to the Minister of Defense or the

9 Procuraduria General de la Nacion, have been

10 credibly alleged to have committed gross viola11 tions of human rights, including extra-judicial

12 killings, or to have aided or abetted paramilitary

13 organizations.

14 (B) The Colombian Government is vigor15 ously investigating and prosecuting those mem16 bers of the Colombian Armed Forces, of whatever

17 rank, who have been credibly alleged to have

18 committed gross violations of human rights, in19 cluding extra-judicial killings, or to have aided

20 or abetted paramilitary organizations, and is

21 promptly punishing those members of the Colom22 bian Armed Forces found to have committed such

23 violations of human rights or to have aided or

24 abetted paramilitary organizations.
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1 (C) The Colombian Armed Forces have

2 made substantial progress in cooperating with

3 civilian prosecutors and judicial authorities in

4 such cases (including providing requested infor5 mation, such as the identity of persons sus6 pended from the Armed Forces and the nature

7 and cause of the suspension, and access to wit8 nesses, relevant military documents, and other

9 requested information).

10 (D) The Colombian Armed Forces have

11 made substantial progress in severing links (in12 cluding denying access to military intelligence,

13 vehicles, and other equipment or supplies, and

14 ceasing other forms of active or tacit coopera15 tion) at the command, battalion, and brigade

16 levels, with paramilitary organizations, espe17 cially in regions where these organizations have

18 a significant presence.

19 (E) The Colombian Government is disman20 tling paramilitary leadership and financial net21 works by arresting commanders and financial

22 backers, especially in regions where these net23 works have a significant presence.

24 (3) The balance of such funds may be obligated

25 after July 31, 2005, if the Secretary of State certifies
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1 and reports to the appropriate congressional commit2 tees, after such date, that the Colombian Armed

3 Forces are continuing to meet the conditions con4 tained in paragraph (2) and are conducting vigorous

5 operations to restore government authority and re6 spect for human rights in areas under the effective

7 control of paramilitary and guerrilla organizations.

8 (b) CONGRESSIONAL NOTIFICATION.—Funds made

9 available by this Act for the Colombian Armed Forces shall

10 be subject to the regular notification procedures of the Com11 mittees on Appropriations.

12 (c) CONSULTATIVE PROCESS.—

13 (1) Prior to making the certifications required

14 by subsection (a), the Secretary of State shall consult

15 with the appropriate congressional committees, re16 quest the opinion of the Office of the United Nations

17 High Commissioner for Human Rights in Colombia

18 and consult with the International Committee of the

19 Red Cross regarding each of the conditions specified

20 in paragraphs (2)(A) through (E) of that subsection.

21 (2) Not later than 60 days after the date of en22 actment of this Act, and every 90 days thereafter

23 until September 30, 2006, the Secretary of State shall

24 consult with internationally recognized human rights
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1 organizations regarding progress in meeting the con2 ditions contained in that subsection.

3 (d) DEFINITIONS.—In this section:

4 (1) AIDED OR ABETTED.—The term ‘‘aided or

5 abetted’’ means to provide any support to para6 military groups, including taking actions which

7 allow, facilitate, or otherwise foster the activities of

8 such groups.

9 (2) PARAMILITARY GROUPS.—The term ‘‘para10 military groups’’ means illegal self-defense groups

11 and illegal security cooperatives.

12 ILLEGAL ARMED GROUPS

13 SEC. 5057. (a) DENIAL OF VISAS TO SUPPORTERS OF

14 COLOMBIAN ILLEGAL ARMED GROUPS.—Subject to sub15 section (b), the Secretary of State shall not issue a visa to

16 any alien who the Secretary determines, based on credible

17 evidence—

18 (1) has willfully provided any support to the

19 Revolutionary Armed Forces of Colombia (FARC), the

20 National Liberation Army (ELN), or the United Self21 Defense Forces of Colombia (AUC), including taking

22 actions or failing to take actions which allow, facili23 tate, or otherwise foster the activities of such groups;

24 or

25 (2) has committed, ordered, incited, assisted, or

26 otherwise participated in the commission of gross vio-
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1 lations of human rights, including extra-judicial

2 killings, in Colombia.

3 (b) WAIVER.—Subsection (a) shall not apply if the

4 Secretary of State determines and certifies to the appro5 priate congressional committees, on a case-by-case basis,

6 that the issuance of a visa to the alien is necessary to sup7 port the peace process in Colombia or for urgent humani8 tarian reasons.

9 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

10 BROADCASTING CORPORATION

11 SEC. 5058. None of the funds appropriated or other12 wise made available by this Act may be used to provide

13 equipment, technical support, consulting services, or any

14 other form of assistance to the Palestinian Broadcasting

15 Corporation.

16 WEST BANK AND GAZA PROGRAM

17 SEC. 5059. (a) OVERSIGHT.—For fiscal year 2005, 30

18 days prior to the initial obligation of funds for the bilateral

19 West Bank and Gaza Program, the Secretary of State shall

20 certify to the appropriate committees of Congress that pro21 cedures have been established to assure the Comptroller Gen22 eral of the United States will have access to appropriate

23 United States financial information in order to review the

24 uses of United States assistance for the Program funded

25 under the heading ‘‘Economic Support Fund’’ for the West

26 Bank and Gaza.
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1 (b) VETTING.—Prior to the obligation of funds appro2 priated by this Act under the heading ‘‘Economic Support

3 Fund’’ for assistance for the West Bank and Gaza, the Sec4 retary of State shall take all appropriate steps to ensure

5 that such assistance is not provided to or through any indi6 vidual, private or government entity, or educational insti7 tution that the Secretary knows or has reason to believe ad8 vocates, plans, sponsors, engages in, or has engaged in, ter9 rorist activity. The Secretary of State shall, as appropriate,

10 establish procedures specifying the steps to be taken in car11 rying out this subsection and shall terminate assistance to

12 any individual, entity, or educational institution which he

13 has determined to be involved in or advocating terrorist ac14 tivity.

15 (c) CERTIFICATION.—Prior to making an award of

16 any grant or cooperative agreement obligating funds appro17 priated by this Act for assistance under the West Bank and

18 Gaza program, the United States Agency for International

19 Development shall obtain from the proposed recipient of

20 such funds a certification to the effect that the recipient will

21 take all reasonable steps to ensure that it does not, and will

22 not, knowingly provide material support or resources to any

23 individual or entity that engages in, or has engaged in, ter24 rorist acts: Provided, That such certification shall also re25 quire that the proposed recipient will implement reasonable
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1 monitoring and oversight procedure to safeguard against

2 assistance being diverted to support terrorist activity.

3 (d) PROHIBITION.—None of the funds appropriated by

4 this Act for assistance under the West Bank and Gaza pro5 gram may be made available for the purpose of recognizing

6 or otherwise honoring individuals who commit, or have

7 committed, acts of terrorism.

8 (e) AUDITS.—(1) The Administrator of the United

9 States Agency for International Development shall ensure

10 that Federal or non-Federal audits of all contractors and

11 grantees, and significant subcontractors and subgrantees,

12 under the West Bank and Gaza Program, are conducted at

13 least on an annual basis to ensure, among other things,

14 compliance with this section.

15 (2) Of the funds appropriated by this Act under the

16 heading ‘‘Economic Support Fund’’ that are made avail17 able for assistance for the West Bank and Gaza, up to

18 $1,000,000 may be used by the Office of the Inspector Gen19 eral of the United States Agency for International Develop20 ment for audits, inspections, and other activities in further21 ance of the requirements of this subsection. Such funds are

22 in addition to funds otherwise available for such purposes.

23 CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

24 SEC. 5060. (a) LIMITATIONS ON AMOUNT OF CON25 TRIBUTION.—Of the amounts made available under ‘‘Inter26 national Organizations and Programs’’ and ‘‘Child Sur-
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1 vival and Health Programs Fund’’ for fiscal year 2005,

2 $34,000,000 shall be made available for the United Nations

3 Population Fund (hereafter in this section referred to as

4 the ‘‘UNFPA’’): Provided, That of this amount, not less

5 than $25,000,000 shall be derived from funds appropriated

6 under the heading ‘‘International Organizations and Pro7 grams’’.

8 (b) REPROGRAMMING OF FUNDS.—Of the funds appro9 priated in Public Law 108–199 that were available for the

10 UNFPA, $25,000,000 shall be made available for the family

11 planning, maternal, and reproductive health activities of

12 the United States Agency for International Development in

13 Albania, Azerbaijan, the Democratic Republic of the Congo,

14 Ethiopia, Georgia, Haiti, Kazakhstan, Kenya, Nigeria, Ro15 mania, Russia, Rwanda, Tanzania, Uganda, and the

16 Ukraine: Provided, That such programs and activities shall

17 be deemed to have been justified to Congress.

18 (c) PROHIBITION ON USE OF FUNDS IN CHINA.—None

19 of the funds made available under ‘‘International Organiza20 tions and Programs’’ may be made available for the

21 UNFPA for a country program in the People’s Republic

22 of China.

23 (d) CONDITIONS ON AVAILABILITY OF FUNDS.—

24 Amounts made available under ‘‘International Organiza-
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1 tions and Programs’’ for fiscal year 2005 for the UNFPA

2 may not be made available to UNFPA unless—

3 (1) the UNFPA maintains amounts made avail4 able to the UNFPA under this section in an account

5 separate from other accounts of the UNFPA;

6 (2) the UNFPA does not commingle amounts

7 made available to the UNFPA under this section with

8 other sums; and

9 (3) the UNFPA does not fund abortions.

10 (e) AVAILABILITY AND USE OF FUNDS.—Funds appro11 priated under the heading ‘‘International Organizations

12 and Programs’’ that are not made available for UNFPA

13 because of the operation of any provision of law shall re14 main available until September 30, 2006: Provided, That

15 funds made available pursuant to this section may not be

16 used for any other purpose, notwithstanding the authority

17 contained in sections 451, 610 and 614 of the Foreign As18 sistance Act of 1961, or any other provision of law unless

19 specifically authorized in subsequent legislation.

20 WAR CRIMINALS

21 SEC. 5061. (a)(1) None of the funds appropriated or

22 otherwise made available pursuant to this Act may be made

23 available for assistance, and the Secretary of the Treasury

24 shall instruct the United States executive directors to the

25 international financial institutions to vote against any new

26 project involving the extension by such institutions of any
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1 financial or technical assistance, to any country, entity, or

2 municipality whose competent authorities have failed, as

3 determined by the Secretary of State, to take necessary and

4 significant steps to implement its international legal obli5 gations to apprehend and transfer to the International

6 Criminal Tribunal for the former Yugoslavia (the ‘‘Tri7 bunal’’) all persons in their territory who have been in8 dicted by the Tribunal and to otherwise cooperate with the

9 Tribunal.

10 (2) The provisions of this subsection shall not apply

11 to humanitarian assistance or assistance for democratiza12 tion.

13 (b) The provisions of subsection (a) shall apply unless

14 the Secretary of State determines and reports to the appro15 priate congressional committees that the competent authori16 ties of such country, entity, or municipality are—

17 (1) cooperating with the Tribunal, including ac18 cess for investigators to archives and witnesses, the

19 provision of documents, and the surrender and trans20 fer of indictees or assistance in their apprehension;

21 and

22 (2) are acting consistently with the Dayton Ac23 cords.

24 (c) Not less than 10 days before any vote in an inter25 national financial institution regarding the extension of
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1 any new project involving financial or technical assistance

2 or grants to any country or entity described in subsection

3 (a), the Secretary of the Treasury, in consultation with the

4 Secretary of State, shall provide to the Committees on Ap5 propriations a written justification for the proposed assist6 ance, including an explanation of the United States posi7 tion regarding any such vote, as well as a description of

8 the location of the proposed assistance by municipality, its

9 purpose, and its intended beneficiaries.

10 (d) In carrying out this section, the Secretary of State,

11 the Administrator of the United States Agency for Inter12 national Development, and the Secretary of the Treasury

13 shall consult with representatives of human rights organiza14 tions and all government agencies with relevant informa15 tion to help prevent indicted war criminals from benefiting

16 from any financial or technical assistance or grants pro17 vided to any country or entity described in subsection (a).

18 (e) The Secretary of State may waive the application

19 of subsection (a) with respect to projects within a country,

20 entity, or municipality upon a written determination to

21 the Committees on Appropriations that such assistance di22 rectly supports the implementation of the Dayton Accords.

23 (f) DEFINITIONS.—As used in this section—

24 (1) COUNTRY.—The term ‘‘country’’ means Bos25 nia and Herzegovina, Croatia and Serbia.
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1 (2) ENTITY.—The term ‘‘entity’’ refers to the

2 Federation of Bosnia and Herzegovina, Kosovo, Mon3 tenegro and the Republika Srpska.

4 (3) MUNICIPALITY.—The term ‘‘municipality’’

5 means a city, town or other subdivision within a

6 country or entity as defined herein.

7 (4) DAYTON ACCORDS.—The term ‘‘Dayton Ac8 cords’’ means the General Framework Agreement for

9 Peace in Bosnia and Herzegovina, together with an10 nexes relating thereto, done at Dayton, November 10

11 through 16, 1995.

12 USER FEES

13 SEC. 5062. The Secretary of the Treasury shall in14 struct the United States Executive Director at each inter15 national financial institution (as defined in section

16 1701(c)(2) of the International Financial Institutions Act)

17 and the International Monetary Fund to oppose any loan,

18 grant, strategy or policy of these institutions that would

19 require user fees or service charges on poor people for pri20 mary education or primary healthcare, including preven21 tion and treatment efforts for HIV/AIDS, malaria, tuber22 culosis, and infant, child, and maternal well-being, in con23 nection with the institutions’ financing programs.

24 FUNDING FOR SERBIA

25 SEC. 5063. (a) Funds appropriated by this Act may

26 be made available for assistance for the central Government
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1 of Serbia after May 31, 2005, if the President has made

2 the determination and certification contained in subsection

3 (c).

4 (b) After May 31, 2005, the Secretary of the Treasury

5 should instruct the United States executive directors to the

6 international financial institutions to support loans and

7 assistance to the Government of Serbia and Montenegro sub8 ject to the conditions in subsection (c): Provided, That sec9 tion 576 of the Foreign Operations, Export Financing, and

10 Related Programs Appropriations Act, 1997, as amended,

11 shall not apply to the provision of loans and assistance to

12 the Government of Serbia and Montenegro through inter13 national financial institutions.

14 (c) The determination and certification referred to in

15 subsection (a) is a determination by the President and a

16 certification to the Committees on Appropriations that the

17 Government of Serbia and Montenegro is—

18 (1) cooperating with the International Criminal

19 Tribunal for the former Yugoslavia including access

20 for investigators, the provision of documents, and the

21 surrender and transfer of indictees or assistance in

22 their apprehension, including making all practicable

23 efforts to apprehend and transfer Ratko Mladic;

24 (2) taking steps that are consistent with the

25 Dayton Accords to end Serbian financial, political,
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1 security and other support which has served to main2 tain separate Republika Srpska institutions; and

3 (3) taking steps to implement policies which re4 flect a respect for minority rights and the rule of law.

5 (d) This section shall not apply to Montenegro, Kosovo,

6 humanitarian assistance or assistance to promote democ7 racy.

8 COMMUNITY-BASED POLICE ASSISTANCE

9 SEC. 5064. (a) AUTHORITY.—Funds made available by

10 this Act to carry out the provisions of chapter 1 of part

11 I and chapter 4 of part II of the Foreign Assistance Act

12 of 1961, may be used, notwithstanding section 660 of that

13 Act, to enhance the effectiveness and accountability of civil14 ian police authority through training and technical assist15 ance in human rights, the rule of law, strategic planning,

16 and through assistance to foster civilian police roles that

17 support democratic governance including assistance for

18 programs to prevent conflict, respond to disasters, and fos19 ter improved police relations with the communities they

20 serve.

21 (b) NOTIFICATION.—Assistance provided under sub22 section (a) shall be subject to the regular notification proce23 dures of the Committees on Appropriations.

24 SPECIAL DEBT RELIEF FOR THE POOREST

25 SEC. 5065. (a) AUTHORITY TO REDUCE DEBT.—The

26 President may reduce amounts owed to the United States
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1 (or any agency of the United States) by an eligible country

2 as a result of—

3 (1) guarantees issued under sections 221 and 222

4 of the Foreign Assistance Act of 1961;

5 (2) credits extended or guarantees issued under

6 the Arms Export Control Act; or

7 (3) any obligation or portion of such obligation,

8 to pay for purchases of United States agricultural

9 commodities guaranteed by the Commodity Credit

10 Corporation under export credit guarantee programs

11 authorized pursuant to section 5(f) of the Commodity

12 Credit Corporation Charter Act of June 29, 1948, as

13 amended, section 4(b) of the Food for Peace Act of

14 1966, as amended (Public Law 89–808), or section

15 202 of the Agricultural Trade Act of 1978, as amend16 ed (Public Law 95–501).

17 (b) LIMITATIONS.—

18 (1) The authority provided by subsection (a)

19 may be exercised only to implement multilateral offi20 cial debt relief and referendum agreements, commonly

21 referred to as ‘‘Paris Club Agreed Minutes’’.

22 (2) The authority provided by subsection (a)

23 may be exercised only in such amounts or to such ex24 tent as is provided in advance by appropriations

25 Acts.
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1 (3) The authority provided by subsection (a)

2 may be exercised only with respect to countries with

3 heavy debt burdens that are eligible to borrow from

4 the International Development Association, but not

5 from the International Bank for Reconstruction and

6 Development, commonly referred to as ‘‘IDA-only’’

7 countries.

8 (c) CONDITIONS.—The authority provided by sub9 section (a) may be exercised only with respect to a country

10 whose government—

11 (1) does not have an excessive level of military

12 expenditures;

13 (2) has not repeatedly provided support for acts

14 of international terrorism;

15 (3) is not failing to cooperate on international

16 narcotics control matters;

17 (4) (including its military or other security

18 forces) does not engage in a consistent pattern of gross

19 violations of internationally recognized human rights;

20 and

21 (5) is not ineligible for assistance because of the

22 application of section 527 of the Foreign Relations

23 Authorization Act, Fiscal Years 1994 and 1995.

24 (d) AVAILABILITY OF FUNDS.—The authority provided

25 by subsection (a) may be used only with regard to the funds
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1 appropriated by this Act under the heading ‘‘Debt Restruc2 turing’’.

3 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc4 tion of debt pursuant to subsection (a) shall not be consid5 ered assistance for the purposes of any provision of law lim6 iting assistance to a country. The authority provided by

7 subsection (a) may be exercised notwithstanding section

8 620(r) of the Foreign Assistance Act of 1961 or section 321

9 of the International Development and Food Assistance Act

10 of 1975.

11 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

12 SEC. 5066. (a) LOANS ELIGIBLE FOR SALE, REDUC13 TION, OR CANCELLATION.—

14 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

15 CERTAIN LOANS.—Notwithstanding any other provi16 sion of law, the President may, in accordance with

17 this section, sell to any eligible purchaser any

18 concessional loan or portion thereof made before Jan19 uary 1, 1995, pursuant to the Foreign Assistance Act

20 of 1961, to the government of any eligible country as

21 defined in section 702(6) of that Act or on receipt of

22 payment from an eligible purchaser, reduce or cancel

23 such loan or portion thereof, only for the purpose of

24 facilitating—

25 (A) debt-for-equity swaps, debt-for-develop26 ment swaps, or debt-for-nature swaps; or
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1 (B) a debt buyback by an eligible country

2 of its own qualified debt, only if the eligible

3 country uses an additional amount of the local

4 currency of the eligible country, equal to not less

5 than 40 percent of the price paid for such debt

6 by such eligible country, or the difference between

7 the price paid for such debt and the face value

8 of such debt, to support activities that link con9 servation and sustainable use of natural re10 sources with local community development, and

11 child survival and other child development, in a

12 manner consistent with sections 707 through 710

13 of the Foreign Assistance Act of 1961, if the sale,

14 reduction, or cancellation would not contravene

15 any term or condition of any prior agreement

16 relating to such loan.

17 (2) TERMS AND CONDITIONS.—Notwithstanding

18 any other provision of law, the President shall, in ac19 cordance with this section, establish the terms and

20 conditions under which loans may be sold, reduced, or

21 canceled pursuant to this section.

22 (3) ADMINISTRATION.—The Facility, as defined

23 in section 702(8) of the Foreign Assistance Act of

24 1961, shall notify the administrator of the agency

25 primarily responsible for administering part I of the
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1 Foreign Assistance Act of 1961 of purchasers that the

2 President has determined to be eligible, and shall di3 rect such agency to carry out the sale, reduction, or

4 cancellation of a loan pursuant to this section. Such

5 agency shall make adjustment in its accounts to re6 flect the sale, reduction, or cancellation.

7 (4) LIMITATION.—The authorities of this sub8 section shall be available only to the extent that ap9 propriations for the cost of the modification, as de10 fined in section 502 of the Congressional Budget Act

11 of 1974, are made in advance.

12 (b) DEPOSIT OF PROCEEDS.—The proceeds from the

13 sale, reduction, or cancellation of any loan sold, reduced,

14 or canceled pursuant to this section shall be deposited in

15 the United States Government account or accounts estab16 lished for the repayment of such loan.

17 (c) ELIGIBLE PURCHASERS.—A loan may be sold pur18 suant to subsection (a)(1)(A) only to a purchaser who pre19 sents plans satisfactory to the President for using the loan

20 for the purpose of engaging in debt-for-equity swaps, debt21 for-development swaps, or debt-for-nature swaps.

22 (d) DEBTOR CONSULTATIONS.—Before the sale to any

23 eligible purchaser, or any reduction or cancellation pursu24 ant to this section, of any loan made to an eligible country,

25 the President should consult with the country concerning
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1 the amount of loans to be sold, reduced, or canceled and

2 their uses for debt-for-equity swaps, debt-for-development

3 swaps, or debt-for-nature swaps.

4 (e) AVAILABILITY OF FUNDS.—The authority provided

5 by subsection (a) may be used only with regard to funds

6 appropriated by this Act under the heading ‘‘Debt Restruc7 turing’’.

8 BASIC EDUCATION

9 SEC. 5067. Of the funds appropriated by title II of

10 this Act, not less than $335,000,000 should be made avail11 able for basic education.

12 RECONCILIATION PROGRAMS

13 SEC. 5068. Of the funds appropriated under the head14 ing ‘‘Economic Support Fund’’, not less than $15,000,000

15 shall be made available to support reconciliation programs

16 and activities which bring together individuals of different

17 ethnic, religious, and political backgrounds from areas of

18 civil conflict and war.

19 ENVIRONMENT PROGRAMS

20 SEC. 5069. (a) FUNDING.—Of the funds appropriated

21 under the heading ‘‘Development Assistance’’, not less than

22 $175,500,000 shall be made available for programs and ac23 tivities which directly protect biodiversity, including for24 ests, in developing countries, of which not less than

25 $15,000,000 shall be made available to implement a re26 gional strategy for biodiversity conservation in the coun-
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1 tries comprising the Amazon basin of South America, in2 cluding to improve the capacity of indigenous communities

3 and local law enforcement agencies to protect the biodiver4 sity of indigenous reserves, which amount shall be in addi5 tion to the amounts requested for biodiversity activities in

6 these countries in fiscal year 2005: Provided, That funds

7 appropriated under the heading ‘‘Andean Counterdrug Ini8 tiative’’ shall also be made available in fiscal year 2005

9 to support such strategy: Provided further, That of the funds

10 appropriated by this Act, not less than $17,500,000 should

11 be made available for the Congo Basin Forest Partnership,

12 of which not less than $2,500,000 should be made available

13 for the Great Apes Conservation Fund, administered by the

14 United States Fish and Wildlife Service, for use in Central

15 Africa: Provided further, That of the funds appropriated

16 by this Act, not less than $180,000,000 shall be made avail17 able to support policies and programs in developing coun18 tries that directly (1) promote a wide range of energy con19 servation, energy efficiency and clean energy programs and

20 activities, including the transfer of clean and environ21 mentally sustainable energy technologies; (2) measure, mon22 itor, and reduce greenhouse gas emissions; (3) increase car23 bon sequestration activities; and (4) enhance climate change

24 mitigation and adaptation programs.
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1 (b) CLIMATE CHANGE REPORT.—Not later than 45

2 days after the date on which the President’s fiscal year 2006

3 budget request is submitted to Congress, the President shall

4 submit a report to the Committees on Appropriations de5 scribing in detail the following—

6 (1) all Federal agency obligations and expendi7 tures, domestic and international, for climate change

8 programs and activities in fiscal year 2005, including

9 an accounting of expenditures by agency with each

10 agency identifying climate change activities and asso11 ciated costs by line item as presented in the Presi12 dent’s Budget Appendix; and

13 (2) all fiscal year 2004 obligations and estimated

14 expenditures, fiscal year 2005 estimated expenditures

15 and estimated obligations, and fiscal year 2006 re16 quested funds by the United States Agency for Inter17 national Development, by country and central pro18 gram, for each of the following: (i) to promote the

19 transfer and deployment of a wide range of United

20 States clean energy and energy efficiency technologies;

21 (ii) to assist in the measurement, monitoring, report22 ing, verification, and reduction of greenhouse gas

23 emissions; (iii) to promote carbon capture and seques24 tration measures; (iv) to help meet such countries’ re25 sponsibilities under the Framework Convention on
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1 Climate Change; and (v) to develop assessments of the

2 vulnerability to impacts of climate change and miti3 gation and adaptation response strategies.

4 CENTRAL ASIA

5 SEC. 5070. (a) Funds appropriated by this Act may

6 be made available for assistance for the central Government

7 of Uzbekistan only if the Secretary of State determines and

8 reports to the Committees on Appropriations that the Gov9 ernment of Uzbekistan is making substantial and con10 tinuing progress in meeting its commitments under the

11 ‘‘Declaration on the Strategic Partnership and Cooperation

12 Framework Between the Republic of Uzbekistan and the

13 United States of America’’, including respect for human

14 rights, establishing a genuine multi-party system, and en15 suring free and fair elections, freedom of expression, and

16 the independence of the media.

17 (b) Funds appropriated by this Act may be made

18 available for assistance for the Government of Kazakhstan

19 only if the Secretary of State determines and reports to the

20 Committees on Appropriations that the Government of

21 Kazakhstan has made significant improvements in the pro22 tection of human rights during the preceding 6 month pe23 riod.

24 (c) The Secretary of State may waive subsection (b)

25 if he determines and reports to the Committees on Appro-
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1 priations that such a waiver is in the national security in2 terest of the United States.

3 (d) Not later than October 1, 2005, the Secretary of

4 State shall submit a report to the Committees on Appro5 priations and the Committee on Foreign Relations of the

6 Senate and the Committee on International Relations of the

7 House of Representatives describing the following:

8 (1) The defense articles, defense services, and fi9 nancial assistance provided by the United States to

10 the countries of Central Asia during the 6-month pe11 riod ending 30 days prior to submission of such re12 port.

13 (2) The use during such period of defense arti14 cles, defense services, and financial assistance pro15 vided by the United States by units of the armed

16 forces, border guards, or other security forces of such

17 countries.

18 (e) For purposes of this section, the term ‘‘countries

19 of Central Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz

20 Republic, Tajikistan, and Turkmenistan.

21 EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH

22 EUROPEAN COUNTRIES AND CERTAIN OTHER COUNTRIES

23 SEC. 5071. Notwithstanding section 516(e) of the For24 eign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during

25 fiscal year 2005, funds available to the Department of De26 fense may be expended for crating, packing, handling, and
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1 transportation of excess defense articles transferred under

2 the authority of section 516 of such Act to Albania, Bul3 garia, Croatia, Estonia, Former Yugoslavia Republic of

4 Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Lat5 via, Lithuania, Moldova, Mongolia, Pakistan, Romania,

6 Slovakia, Tajikistan, Turkmenistan, Ukraine, and

7 Uzbekistan.

8 DISABILITY RIGHTS

9 SEC. 5072. (a) Of the funds appropriated by this Act

10 under the heading ‘‘Economic Support Fund’’, and in addi11 tion to funds made available pursuant to section 5026(c),

12 not less than $5,000,000 shall be made available for a Fund

13 for Inclusion, Leadership, and Human Rights of People

14 with Disabilities, to be administered by the Bureau of De15 mocracy, Human Rights, and Labor, Department of State,

16 in consultation with the Administrator of the United States

17 Agency for International Development (‘‘USAID’’): Pro18 vided, That such funds should be made available as grants

19 to nongovernmental organizations that work on behalf of

20 people with disabilities in developing countries: Provided

21 further, That not to exceed 20 percent of such funds should

22 be made available for a Disability Rights Fellowship Pro23 gram at the Department of State and USAID, including

24 the cost of necessary administrative and salary expenses.

25 (b) The Secretary of State and the USAID Adminis26 trator shall designate within their respective agencies an
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1 individual to serve as ‘‘Disability Advisor’’, whose function

2 it shall be to ensure that disability rights are addressed,

3 where appropriate, in United States policies and programs.

4 (c) Funds made available under subsection (a) shall

5 be made available for an international conference on the

6 needs of people with disabilities, including disability rights,

7 advocacy and access.

8 (d) The Secretary of State, the Secretary of the Treas9 ury, and the USAID Administrator shall seek to ensure that

10 the needs of people with disabilities are addressed, where

11 appropriate, in democracy, human rights, and rule of law

12 programs, projects and activities supported by the Depart13 ment of State, Department of the Treasury, and USAID.

14 (e) The USAID Administrator shall seek to ensure that

15 programs, projects and activities administered by USAID

16 comply fully with USAID’s ‘‘Policy Paper: Disability’’

17 issued on September 12, 1997: Provided, That not later

18 than 90 days after enactment of this Act, USAID shall im19 plement procedures to require that prospective grantees

20 seeking funding from USAID specify, when relevant, how

21 the proposed program, project or activity for which funding

22 is being requested will protect the rights and address the

23 needs of persons with disabilities.

24 ZIMBABWE

25 SEC. 5073. The Secretary of the Treasury shall in26 struct the United States executive director to each inter-
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1 national financial institution to vote against any extension

2 by the respective institution of any loans or grants, to the

3 Government of Zimbabwe, except to meet basic human

4 needs or to promote democracy, unless the Secretary of State

5 determines and certifies to the Committees on Appropria6 tions that the rule of law has been restored in Zimbabwe,

7 including respect for ownership and title to property, free8 dom of speech and association.

9 TIBET

10 SEC. 5074. (a) The Secretary of the Treasury should

11 instruct the United States executive director to each inter12 national financial institution to use the voice and vote of

13 the United States to support projects in Tibet if such

14 projects do not provide incentives for the migration and set15 tlement of non-Tibetans into Tibet or facilitate the transfer

16 of ownership of Tibetan land and natural resources to non17 Tibetans; are based on a thorough needs-assessment; foster

18 self-sufficiency of the Tibetan people and respect Tibetan

19 culture and traditions; and are subject to effective moni20 toring.

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

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

23 under the heading ‘‘Economic Support Fund’’ shall be made

24 available to nongovernmental organizations to support ac25 tivities which preserve cultural traditions and promote sus26 tainable development and environmental conservation in
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1 Tibetan communities in the Tibetan Autonomous Region

2 and in other Tibetan communities in China, and not less

3 than $250,000 shall be made available to the National En4 dowment for Democracy for programs and activities relat5 ing to Tibet.

6 INDONESIA

7 SEC. 5075. (a) Funds appropriated by this Act under

8 the heading ‘‘Foreign Military Financing Program’’ may

9 be made available for assistance for Indonesia, and licenses

10 may be issued for the export of lethal defense articles for

11 the Indonesian Armed Forces, only if the President certifies

12 to the appropriate congressional committees that—

13 (1) the Indonesian Armed Forces are not com14 mitting gross violations of human rights;

15 (2) the Indonesia Minister of Defense is sus16 pending from the Armed Forces those members, of

17 whatever rank, who have been credibly alleged to have

18 committed gross violations of human rights, or to

19 have aided or abetted militia groups;

20 (3) the Indonesian Government is prosecuting

21 those members of the Indonesian Armed Forces, of

22 whatever rank, who have been credibly alleged to have

23 committed gross violations of human rights, or to

24 have aided or abetted militia groups, and is pun25 ishing those members of the Indonesian Armed Forces
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1 found to have committed such violations of human

2 rights or to have aided or abetted militia groups;

3 (4) the Indonesian Armed Forces are cooperating

4 with civilian prosecutors and judicial authorities in

5 Indonesia and with the joint United Nations-East

6 Timor Serious Crimes Unit (SCU) in such cases (in7 cluding extraditing those indicted by the SCU to East

8 Timor and providing access to witnesses, relevant

9 documents, and other requested information); and

10 (5) the Minister of Defense is making publicly

11 available audits of receipts and expenditures of the

12 Indonesian Armed Forces.

13 (b) Funds appropriated under the heading ‘‘Inter14 national Military Education and Training’’ may be made

15 available for assistance for Indonesia if the Secretary of

16 State determines and reports to the Committees on Appro17 priations that the Indonesian Government and Armed

18 Forces are cooperating with the Federal Bureau of Inves19 tigation’s investigation into the August 31, 2002 murders

20 of two American citizens and one Indonesian citizen in

21 Timika, Indonesia.

22 UNIVERSITY PROGRAMS

23 SEC. 5076. Of the funds appropriated by this Act

24 under the headings ‘‘Child Survival and Health Programs

25 Fund’’, ‘‘Development Assistance’’, ‘‘Economic Support

26 Fund’’, ‘‘Assistance for Eastern Europe and the Baltic
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1 States’’, and ‘‘Assistance for the Independent States of the

2 Former Soviet Union’’, $40,000,000 shall be made available

3 to the Office of the Higher Education Community Liaison

4 in the Bureau for Economic Growth, Agriculture and Trade

5 of the United States Agency for International Development

6 and used for projects and activities of United States-based

7 colleges and universities: Provided, That these funds shall

8 be in addition to funds otherwise available under this Act

9 for such programs.

10 NIGERIA

11 SEC. 5077. The President shall submit a report to the

12 Committees on Appropriations describing the involvement

13 of the Nigerian Armed Forces in the incident in Benue

14 State, the measures that are being taken to bring such indi15 viduals to justice, and whether any Nigerian Armed Forces

16 units involved with the incident in Benue State are receiv17 ing United States assistance.

18 DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN

19 THE RUSSIAN FEDERATION

20 SEC. 5078. None of the funds appropriated under this

21 Act may be made available for the Government of the Rus22 sian Federation, after 180 days from the date of the enact23 ment of this Act, unless the President determines and cer24 tifies in writing to the Committees on Appropriations that

25 the Government of the Russian Federation has implemented

26 no statute, executive order, regulation or similar govern-
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1 ment action that would discriminate, or which has as its

2 principal effect discrimination, against religious groups or

3 religious communities in the Russian Federation in viola4 tion of accepted international agreements on human rights

5 and religious freedoms to which the Russian Federation is

6 a party.

7 NICARAGUA AND GUATEMALA

8 SEC. 5079. (a) Of the funds appropriated under the

9 headings ‘‘Development Assistance’’ and ‘‘Child Survival

10 and Health Programs Fund’’, not less than $36,000,000

11 shall be made available for assistance for Nicaragua and

12 not less than $23,000,000 shall be made available for assist13 ance for Guatemala.

14 (b) Not to exceed $2,000,000 in prior year ‘‘Military

15 Assistance Program’’ funds that are available for Guate16 mala may be made available for non-lethal defense items

17 for Guatemala if the Secretary of State certifies to the Com18 mittees on Appropriations and the Committee on Foreign

19 Relations of the Senate and the Committee on International

20 Relations of the House that—

21 (1) the role of the Guatemalan military has been

22 limited, both in doctrine and in practice, to only

23 those activities in defense of Guatemala’s sovereignty

24 and territorial integrity that are permitted by the

25 1996 Peace Accords, and the Government of Guate-
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1 mala is taking steps to amend Article 244 of the Con2 stitution to reflect such changes;

3 (2) the Guatemalan military is cooperating with

4 civilian judicial authorities, including providing

5 unimpeded access to witnesses, documents and classi6 fied intelligence files, in investigations and prosecu7 tions of military personnel who have been implicated

8 in human rights violations and other criminal activ9 ity;

10 (3) the Government of Guatemala is actively

11 working with the United Nations to resolve legal im12 pediments to the establishment of the Commission for

13 the Investigation of Illegal Groups and Clandestine

14 Security Organizations (CICIACS), so that CICIACS

15 can effectively accomplish its mission of investigating

16 and bringing to justice illegal groups and members of

17 clandestine security organizations;

18 (4) the Government of Guatemala is continuing

19 its efforts to make its military budget process trans20 parent and accessible to civilian authorities and to

21 the public of present and past expenditures;

22 (5) the Government of Guatemala has committed

23 to facilitate the prompt establishment of an office in

24 Guatemala of the United Nations High Commissioner

25 for Human Rights; and
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1 (6) the Government of Guatemala is taking steps

2 to increase its efforts to combat narcotics trafficking

3 and organized crime.

4 WAR CRIMES IN AFRICA

5 SEC. 5080. (a) The Congress recognizes the important

6 contribution that the democratically elected Government of

7 Nigeria has played in fostering stability in West Africa.

8 (b) The Congress reaffirms its support for the efforts

9 of the International Criminal Tribunal for Rwanda

10 (ICTR) and the Special Court for Sierra Leone (SCSL) to

11 bring to justice individuals responsible for war crimes and

12 crimes against humanity in a timely manner.

13 (c) Funds appropriated by this Act, including funds

14 for debt restructuring, may be made available for assistance

15 to the central government of a country in which individuals

16 indicted by ICTR and SCSL are credibly alleged to be liv17 ing, if the Secretary of State determines and reports to the

18 Committees on Appropriations that such government is co19 operating with ICTR and SCSL, including the surrender

20 and transfer of indictees in a timely manner: Provided,

21 That this subsection shall not apply to assistance provided

22 under section 551 of the Foreign Assistance Act of 1961 or

23 to project assistance under title II of this Act: Provided fur24 ther, That the United States shall use its voice and vote

25 in the United Nations Security Council to fully support ef-
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1 forts by ICTR and SCSL to bring to justice individuals

2 indicted by such tribunals in a timely manner.

3 (d) The prohibition in subsection (c) may be waived

4 on a country by country basis if the President determines

5 that doing so is in the national security interest of the

6 United States: Provided, That prior to exercising such

7 waiver authority, the President shall submit a report to the

8 Committees on Appropriations, in classified form if nec9 essary, on (1) the steps being taken to obtain the cooperation

10 of the government in surrendering the indictee in question

11 to SCSL or ICTR; (2) a strategy for bringing the indictee

12 before ICTR or SCSL; and (3) the justification for exer13 cising the waiver authority.

14 ADMISSION OF REFUGEES

15 SEC. 5081. (a) The Secretary of State shall utilize pri16 vate voluntary organizations with expertise in the protec17 tion needs of refugees in the processing of refugees overseas

18 for admission and resettlement to the United States, and

19 shall utilize such agencies in addition to the United Nations

20 High Commissioner for Refugees in the identification and

21 referral of refugees.

22 (b) The Secretary of State should maintain a system

23 for accepting referrals of appropriate candidates for reset24 tlement from local private, voluntary organizations and

25 work to ensure that particularly vulnerable refugee groups
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1 receive special consideration for admission into the United

2 States, including—

3 (1) long-stayers in countries of first asylum;

4 (2) unaccompanied refugee minors;

5 (3) refugees outside traditional camp settings;

6 and

7 (4) refugees in woman-headed households.

8 (c) The Secretary of State shall give special consider9 ation to—

10 (1) refugees of all nationalities who have close

11 family ties to citizens and residents of the United

12 States; and

13 (2) other groups of refugees who are of special

14 concern to the United States.

15 (d) Not later than 120 days after the date of enactment

16 of this Act, the Secretary of State shall submit a report to

17 the Committees on Appropriations describing the steps that

18 have been taken to implement this section.

19 CODE OF CONDUCT

20 SEC. 5082. (a) None of the funds made available by

21 title II under the heading ‘‘Migration and Refugee Assist22 ance’’ or ‘‘Transition Initiatives’’ to provide assistance to

23 refugees or internally displaced persons may be provided

24 to an organization that has failed to adopt a code of conduct

25 consistent with the Inter-Agency Standing Committee Task

26 Force on Protection From Sexual Exploitation and Abuse
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1 in Humanitarian Crises six core principles for the protec2 tion of beneficiaries of humanitarian assistance.

3 (b) In administering the amounts made available for

4 the accounts described in subsection (a), the Secretary of

5 State and Administrator of the United States Agency for

6 International Development shall incorporate specific poli7 cies and programs for the purpose of identifying specific

8 needs of, and particular threats to, women and children at

9 the various stages of humanitarian emergencies, especially

10 at the onset of such emergency.

11 DISASTER SURGE CAPACITY

12 SEC. 5083. Funds appropriated by this Act to carry

13 out part I of the Foreign Assistance Act of 1961 may be

14 used, in addition to funds otherwise available for such pur15 poses, for the cost (including the support costs) of individ16 uals detailed to or employed by the United States Agency

17 for International Development whose primary responsi18 bility is to carry out programs to address natural or man19 made disasters or programs under the heading ‘‘Transition

20 Initiatives’’.

21 DENIAL OF VISAS TO CORRUPT OFFICIALS

22 SEC. 5084. Not later than 60 days after enactment of

23 this Act, the Secretary of State shall submit a report to

24 the Committees on Appropriations setting forth procedures

25 and guidelines for (1) implementing the President’s Procla26 mation dated January 12, 2004, which established a policy
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1 of denying entry into the United States to corrupt current

2 and former public officials and certain members of their

3 families; and (2) for making public the names of those indi4 viduals who have been denied entry as a result of such Proc5 lamation.

6 ASSISTANCE FOR VICTIMS OF TORTURE

7 SEC. 5085. Of the funds appropriated by this Act

8 under the headings ‘‘Development Assistance’’ and ‘‘Eco9 nomic Support Fund’’, not less than $15,000,000 shall be

10 made available for programs and activities to assist victims

11 of torture and cruel, inhuman or degrading treatment, in12 cluding for centers for victims of torture that provide serv13 ices consistent with the goals of the Torture Victims Relief

14 Reauthorization Act of 1999.

15 UNITED STATES AGENCY FOR INTERNATIONAL

16 DEVELOPMENT PILOT MANAGEMENT INITIATIVE

17 SEC. 5086. (a) PILOT ACTIVITIES.—Subject to sub18 section (b), the Administrator of the United States Agency

19 for International Development may use up to $25,000,000

20 of the funds appropriated to carry out part I of the Foreign

21 Assistance Act of 1961, including funds appropriated to

22 carry out the Support for East European Democracy

23 (SEED) Act of 1989, to pay administrative costs for fiscal

24 year 2005, including salary, benefits, allowances, and over25 seas support costs of employees, of up to 2 overseas missions

26 or offices of the agency.
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1 (b) CONDITIONS.—

2 (1) The authority of subsection (a) may be exer3 cised only if the Administrator submits a plan ap4 proved by the Office of Management and Budget and

5 the Department of State to the Committees on Appro6 priations, that—

7 (A) identifies the overseas missions or offices

8 for which this authority will be exercised, and

9 explains the process by which these missions or

10 offices were selected;

11 (B) contains separate estimates of the ad12 ministrative costs for fiscal year 2005 of the dif13 ferent types of project assistance and nonproject

14 assistance programs administered by such mis15 sion or office; and

16 (C) describes the bases for such estimates.

17 (2) Subsequent reports shall be submitted to the

18 Committees on Appropriations by the Administrator

19 at least every 60 days until January 15, 2006 to de20 scribe any changes made to the plan as originally

21 submitted or later modified.

22 (c) INITIAL CHARGES.—Funds appropriated under the

23 heading ‘‘Operating Expenses of the United States Agency

24 for International Development’’ for fiscal year 2005 may

25 be initially charged for the purposes of this section.
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1 UNITED STATES AGENCY FOR INTERNATIONAL

2 DEVELOPMENT HIRING AUTHORITY

3 SEC. 5087. (a) USE OF PROGRAM FUNDS.—Up to

4 $12,500,000 of the funds appropriated by this Act to carry

5 out chapter 1 of part I of the Foreign Assistance Act of

6 1961 may be transferred to and consolidated with funds ap7 propriated under the heading, ‘‘Operating Expenses of the

8 United States Agency for International Development’’

9 (USAID), and used by USAID to appoint and employ full10 time Civil Service and full-time Foreign Service personnel,

11 including to pay the costs of salaries, benefits, and allow12 ances of such personnel: Provided, That the authority of this

13 section may be used to appoint and employ not more than

14 50 individuals.

15 (b) CONDITIONS.—The authority of this section—

16 (1) may not be used until USAID completes a

17 comprehensive workforce analysis that is approved by

18 the USAID Administrator and submitted to the Office

19 of Management and Budget and the Office of Per20 sonnel Management;

21 (2) may only be used to meet shortages in tech22 nical skill areas identified in the approved workforce

23 analysis;

24 (3) may only be used to the extent that an equiv25 alent number of positions that are filled by personal
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1 service contractors or other employees of USAID, who

2 are compensated with funds appropriated by this Act

3 to carry out chapter 1 of part I of the Foreign Assist4 ance Act of 1961, are eliminated; and

5 (4) may only be exercised after notification of

6 the Committees on Appropriations and the Office of

7 Management and Budget.

8 CERTAIN CLAIMS FOR EXPROPRIATION BY THE

9 GOVERNMENT OF NICARAGUA

10 SEC. 5088. Section 527 of the Foreign Relations Au11 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.

12 2370(a)) is amended by adding at the end the following

13 new subsection:

14 ‘‘(i) CERTAIN CLAIMS FOR EXPROPRIATION BY THE

15 GOVERNMENT OF NICARAGUA.—

16 ‘‘(1) Any action of the types set forth in sub17 paragraphs (A), (B), and (C) of subsection (a)(1) that

18 was taken by the Government of Nicaragua during

19 the period beginning on January 1, 1956, and ending

20 on January 9, 2002, shall not be considered in imple21 menting the prohibition under subsection (a) unless

22 the action has been presented in accordance with the

23 procedure set forth in paragraph (2).

24 ‘‘(2) An action shall be deemed presented for

25 purposes of paragraph (1) if it is—

26 ‘‘(A) in writing; and
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1 ‘‘(B) received by the United States Depart2 ment of State on or before 120 days after the

3 date specified in paragraph (3) at—

4 ‘‘(i) the headquarters of the United

5 States Department of State in Washington,

6 D.C.; or,

7 ‘‘(ii) the Embassy of the United States

8 of America to Nicaragua.

9 ‘‘(3) The date to which paragraph (2) refers is

10 a date after enactment of this subsection that is speci11 fied by the Secretary of State, in the Secretary’s dis12 cretion, in a notice published in the Federal Reg13 ister.’’.

14 OVERSEAS PRIVATE INVESTMENT CORPORATION AND

15 EXPORT-IMPORT BANK RESTRICTIONS

16 SEC. 5089. (a) LIMITATION ON USE OF FUNDS BY

17 OPIC.—None of the funds made available in this Act may

18 be used by the Overseas Private Investment Corporation to

19 insure, reinsure, guarantee, or finance any investment in

20 connection with a project involving the mining, polishing

21 or other processing, or sale of diamonds in a country that

22 fails to meet the requirements of subsection (c).

23 (b) LIMITATION ON USE OF FUNDS BY THE EXPORT24 IMPORT BANK.—None of the funds made available in this

25 Act may be used by the Export-Import Bank of the United

26 States to guarantee, insure, extend credit, or participate in
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1 an extension of credit in connection with the export of any

2 goods to a country for use in an enterprise involving the

3 mining, polishing or other processing, or sale of diamonds

4 in a country that fails to meet the requirements of sub5 section (c).

6 (c) REQUIREMENTS.—The requirements referred to in

7 subsections (a) and (b) are that the country concerned is

8 implementing the recommendations, obligations and re9 quirements developed by the Kimberley Process on conflict

10 diamonds.

11 SECURITY IN ASIA

12 SEC. 5090. (a) Of the funds appropriated under the

13 heading ‘‘Foreign Military Financing Program’’, not less

14 than the following amounts shall be made available to en15 hance security in Asia, consistent with democratic prin16 ciples and the rule of law—

17 (1) $55,000,000 for assistance for the Phil18 ippines;

19 (2) $6,000,000 for assistance for Indonesia;

20 (3) $2,000,000 for assistance for Bangladesh;

21 (4) $1,500,000 for assistance for the Democratic

22 Republic of Timor-Leste;

23 (5) $2,000,000 for assistance for Mongolia;

24 (6) $5,000,000 for assistance for Nepal;

25 (7) $2,500,000 for assistance for Thailand;

26 (8) $1,000,000 for assistance for Sri Lanka;
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1 (9) $1,000,000 for assistance for Cambodia;

2 (10) $500,000 for assistance for Fiji; and

3 (11) $250,000 for assistance for Tonga.

4 (b) Funds made available for assistance for Indonesia

5 pursuant to subsection (a) may be made available notwith6 standing section 5075 of this Act: Provided, That such funds

7 may only be made available to the Indonesian navy for the

8 purposes of enhancing maritime security: Provided further,

9 That sections 5075(a)(1) and (4) of this Act shall apply

10 with respect to the Indonesia navy for purposes of this sec11 tion: Provided further, That such funds shall only be made

12 available subject to the regular notification procedures of

13 the Committees on Appropriations.

14 (c) Funds made available for assistance for Cambodia

15 pursuant to subsection (a) shall be made available notwith16 standing section 5054 of this Act: Provided, That such funds

17 shall only be made available subject to the regular notifica18 tion procedures of the Committees on Appropriations.

19 (d) Funds made available for assistance for Nepal pur20 suant to subsection (a) may be made available if the Sec21 retary of State reports to the Committees on Appropriations

22 that the Government of Nepal is: (1) complying promptly

23 with habeas corpus orders issued by the Supreme Court of

24 Nepal, including all outstanding orders; (2) cooperating

25 with the National Human Rights Commission of Nepal to
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1 resolve all cases of disappearances; and (3) granting the Na2 tional Human Rights Commission of Nepal unimpeded ac3 cess to places of detention: Provided, That the Secretary of

4 State may waive the requirements of this subsection if he

5 determines and reports to the Committees on Appropria6 tions that to do so is in the security interests of the United

7 States.

8 COOPERATION WITH CUBA ON COUNTER-NARCOTICS

9 MATTERS

10 SEC. 5091. (a) Subject to subsection (b), of the funds

11 appropriated under the heading ‘‘International Narcotics

12 Control and Law Enforcement’’, $5,000,000 should be made

13 available for the purposes of preliminary work by the De14 partment of State, or such other entity as the Secretary of

15 State may designate, to establish cooperation with appro16 priate agencies of the Government of Cuba on counter-nar17 cotics matters, including matters relating to cooperation,

18 coordination, and mutual assistance in the interdiction of

19 illicit drugs being transported through Cuba airspace or

20 over Cuba waters.

21 (b) The amount in subsection (a) shall not be available

22 if the President certifies that—

23 (1) Cuba does not have in place appropriate pro24 cedures to protect against the loss of innocent life in

25 the air and on the ground in connection with the

26 interdiction of illegal drugs; and
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1 (2) there is evidence of involvement of the Gov2 ernment of Cuba in drug trafficking.

3 HIPC DEBT REDUCTION AND TRUST FUND

4 SEC. 5092. (a) Section 801(b)(1) of Public Law 106–

5 429 is amended—

6 (1) by inserting ‘‘(i)’’ after ‘‘appropriated’’; and

7 (2) by inserting before the period ‘‘; and (ii) for

8 fiscal years 2004–2006, not more than $150,000,000,

9 for purposes of additional United States contributions

10 to the HIPC Trust Fund administered by the Bank,

11 which are authorized to remain available until ex12 pended’’.

13 (b) Section 501(i) of Public Law 106–113 is amended

14 by deleting ‘‘2003–2004’’ and inserting in lieu thereof

15 ‘‘2000–2006’’.

16 ASSISTANCE TO MILLENNIUM CHALLENGE CANDIDATE

17 COUNTRIES

18 SEC. 5093. Section 616(d) of the Millennium Challenge

19 Act of 2003 (title VI of division D of Public Law 108–199)

20 is amended to read as follows:

21 ‘‘(d) FUNDING.—For each of fiscal years 2004 and

22 2005 and every fiscal year thereafter, of the amounts appro23 priated pursuant to the authorization of appropriations

24 under section 619(a), up to 10 percent is authorized to be

25 made available to carry out this section.’’.
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1 CHERNOBYL NUCLEAR POWER PLANT

2 SEC. 5094. None of the funds appropriated under this

3 Act may be made available for assistance for the central

4 Government of the Russian Federation if the Secretary of

5 State certifies and reports to the Committees on Appropria6 tions that the central Government of the Russian Federa7 tion has not pledged or is not contributing funds or other

8 significant resources for the construction of the new shelter

9 over the Chernobyl nuclear power plant: Provided, That this

10 provision shall not apply to democracy, rule of law, child

11 survival and health, and environment programs.

12 DEBT RESTRUCTURING AUTHORITY

13 SEC. 5095. (a) Of the funds appropriated under the

14 heading ‘‘Iraq Relief and Reconstruction Fund’’ in title II

15 of the Emergency Supplemental Appropriations Act for De16 fense and for the Reconstruction of Iraq and Afghanistan,

17 2004 (Public Law 108–106), $360,000,000 may be made

18 available for the costs, as defined in section 502 of the Con19 gressional Budget Act of 1974, of modifying direct loans

20 and loan guarantees for Iraq, without regard to the sectoral

21 allocations and related provisos under that heading in such

22 Act: Provided, That the authority of this section shall be

23 used subject to prior consultation with the Committees on

24 Appropriations: Provided further, That the obligation of

25 funds pursuant to the authority provided in this section

26 shall be subject to the regular notification procedures of the
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1 Committees on Appropriations: Provided further, That such

2 amount is designated as an emergency requirement pursu3 ant to section 402 of S. Con. Res. 95 (108th Congress), as

4 made applicable to the House of Representatives by H. Res.

5 649 (108th Congress) and applicable to the Senate by sec6 tion 14007 of Public Law 108–287.

7 (b) Title II, chapter 2 of Public Law 108–106 is

8 amended under the heading ‘‘Other Bilateral Economic As9 sistance’’ by—

10 (1) in the first proviso, striking ‘‘10 percent’’

11 and inserting in lieu thereof ‘‘20 percent’’; and

12 (2) in the first proviso, striking ‘‘by more than

13 20 percent’’ and inserting in lieu thereof ‘‘by more

14 than 30 percent’’.

15 (c) Notwithstanding any other provision of law, the

16 Overseas Private Investment Corporation is authorized to

17 undertake any program authorized by title IV of the For18 eign Assistance Act of 1961 in Iraq: Provided, That funds

19 made available pursuant to the authority of this section

20 shall be subject to the regular reprogramming notification

21 procedures of the Committees on Appropriations.

22 COMPLIANCE WITH THE ALGIERS AGREEMENTS

23 SEC. 5096. None of the funds appropriated by this Act

24 may be made available for assistance for the central Gov25 ernments of Ethiopia or Eritrea unless the Secretary of

26 State certifies and reports to the Committees on Appropria-
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1 tions that such government is taking steps to comply with

2 the terms of the Algiers Agreements: Provided, That this sec3 tion shall not apply to democracy, rule of law, child sur4 vival and health, basic education, and agriculture pro5 grams.

6 NORTH KOREA AND BURMA

7 SEC. 5097. None of the funds made available in this

8 Act or prior Acts making appropriations for foreign oper9 ations, export financing, and related programs as a United

10 States contribution to the Global Fund to Fight AIDS, Tu11 berculosis and Malaria may be made available for assist12 ance for the Government of North Korea or the State Peace

13 and Development Council in Burma, or affiliated groups

14 and organizations.

15 THAILAND

16 SEC. 5098. (a) Funds appropriated by this Act that

17 are available for the central Government of Thailand may

18 be made available if the Secretary of State determines and

19 reports to the Committees on Appropriations that the cen20 tral Government of Thailand (1) supports the advancement

21 of democracy in Burma; (2) is not hampering the delivery

22 of humanitarian and other assistance to people in Thailand

23 who have fled Burma; and (3) is not forcibly repatriating

24 Burmese to Burma.

25 (b) Notwithstanding subsection (a), of the funds appro26 priated by this Act, not less than $4,000,000 shall be made
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1 available to promote democracy and human rights in Thai2 land, and not less than $1,000,000 shall be made available

3 to promote and protect an independent media in Thailand.

4 (c) The Secretary of State may waive subsection (a)

5 if he determines and reports to the Committees on Appro6 priations that to do so is in the national security interest

7 of the United States.

8 ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL

9 DEVELOPMENT BANKS

10 SEC. 5099. (a) Section 1307 of the International Fi11 nancial Institutions Act (22 U.S.C. 262m–7) is amended—

12 (1) by striking subsection (a) and inserting the fol13 lowing:

14 ‘‘(a) ASSESSMENT REQUIRED BEFORE FAVORABLE

15 VOTE ON PROPOSAL.—The Secretary of the Treasury shall

16 instruct the United States Executive Director of each multi17 lateral development bank not to vote in favor of any pro18 posal (including but not limited to any kind of proposed

19 loan, credit, grant, guarantee, or policy) which would result

20 or be likely to result in a significant impact on the environ21 ment, unless the Secretary, after consultation with the Sec22 retary of State and the Administrators of the United States

23 Agency for International Development and the Environ24 mental Protection Agency, determines that for at least 120

25 days before the date of the vote—
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1 ‘‘(1) an assessment analyzing the environmental

2 impacts of the proposal, including associated and cu3 mulative impacts, and of alternatives to the proposal,

4 has been completed by the borrower or the bank, and

5 has been made available to the board of directors of

6 the bank;

7 ‘‘(2) the assessment (or a comprehensive sum8 mary of the assessment) and copies of any related

9 draft loan, credit, grant, guarantee, or policy (with

10 proprietary information redacted) have been made

11 available to the bank, affected groups, and local non12 governmental organizations; and

13 ‘‘(3) environment and development agencies of

14 the member countries of the bank are notified that the

15 assessment (or a comprehensive summary of the as16 sessment) and any related draft loan, credit, grant,

17 guarantee, or policy are available on the bank’s

18 website.’’; and

19 (2) by striking subsection (g) and inserting the fol20 lowing:

21 ‘‘(g) MULTILATERAL DEVELOPMENT BANK DE22 FINED.—In this title, the term ‘multilateral development

23 bank’ means the International Bank for Reconstruction and

24 Development, the European Bank for Reconstruction and

25 Development, the International Development Association,
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1 the International Finance Corporation, the Multilateral In2 vestment Guarantee Agency, the African Development

3 Bank, the African Development Fund, the Asian Develop4 ment Bank, the North American Development Bank, the

5 Inter-American Development Bank, the Inter-American In6 vestment Corporation, any other institution (other than the

7 International Monetary Fund) specified in section

8 1701(c)(2), and any subsidiary of any such institution, and

9 in section 1504, the term ‘multilateral development institu10 tion’ includes the North American Development Bank and

11 any such subsidiary.’’

12 (b) Section 1303(b) of the International Financial In13 stitutions Act (22 U.S.C. 262m–7) is amended by striking

14 ‘‘International Bank for Reconstruction and Development,

15 the Inter-American Development Bank, the Asian Develop16 ment Bank, and the African Development Bank’’ and in17 serting in lieu thereof ‘‘multilateral development banks’’.

18 (c) Not more than 180 days after the date of enactment

19 of this Act, the Secretary of the Treasury shall issue tem20 porary regulations to implement title XIII of the Inter21 national Financial Institutions Act, as amended, and, after

22 public notice and comment, final regulations not more than

23 one year thereafter.

24 VIETNAMESE REFUGEES

25 SEC. 5100. (a) ELIGIBILITY FOR IN-COUNTRY REF26 UGEE PROCESSING IN VIETNAM.—For purposes of eligi-
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1 bility for in-country refugee processing for nationals of

2 Vietnam during fiscal years 2004 and 2005, an alien de3 scribed in subsection (b) shall be considered to be a refugee

4 of special humanitarian concern to the United States (with5 in the meaning of section 207 of the Immigration and Na6 tionality Act (8 U.S.C. 1157)) and shall be admitted to the

7 United States for resettlement if the alien would be admis8 sible as an immigrant under the Immigration and Nation9 ality Act (except as provided in section 207(c)(3) of that

10 Act).

11 (b) ALIENS COVERED.—An alien described in this sub12 section is an alien who—

13 (1) is the son or daughter of a qualified national;

14 (2) is 21 years of age or older; and

15 (3) was unmarried as of the date of acceptance

16 of the alien’s parent for resettlement under the Or17 derly Departure Program or through the United

18 States Consulate General in Ho Chi Minh City.

19 (c) QUALIFIED NATIONAL.—The term ‘‘qualified na20 tional’’ in subsection (b)(1) means a national of Vietnam

21 who—

22 (1)(A) was formerly interned in a re-education

23 camp in Vietnam by the Government of the Socialist

24 Republic of Vietnam; or
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1 (B) is the widow or widower of an individual

2 described in subparagraph (A);

3 (2)(A) qualified for refugee processing under the

4 Orderly Departure Program re-education subpro5 gram; and

6 (B) is or was accepted under the Orderly Depar7 ture Program or through the United States Consulate

8 General in Ho Chi Minh City—

9 (i) for resettlement as a refugee; or

10 (ii) for admission to the United States as

11 an immediate relative immigrant; and

12 (3)(A) is presently maintaining a residence in

13 the United States or whose surviving spouse is pres14 ently maintaining such a residence; or

15 (B) was approved for refugee resettlement or im16 migrant visa processing and is awaiting departure

17 formalities from Vietnam or whose surviving spouse is

18 awaiting such departure formalities.

19 EXTRACTION OF NATURAL RESOURCES

20 SEC. 5101. (a) The Secretary of the Treasury shall in21 form the managements of the international financial insti22 tutions and the public that it is the policy of the United

23 States that any assistance by such institutions (including

24 but not limited to any loan, credit, grant, or guarantee)

25 for the extraction and export of oil, gas, coal, timber, or

26 other natural resource should not be provided unless the gov-
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1 ernment of the country has in place or is taking the nec2 essary steps to establish functioning systems for (1) accu3 rately accounting for revenues and expenditures in connec4 tion with the extraction and export of the type of natural

5 resource to be extracted or exported; (2) the independent au6 diting of such accounts and the widespread public dissemi7 nation of the audits; and (3) verifying government receipts

8 against company payments including widespread dissemi9 nation of such payment information in a manner that does

10 not create competitive disadvantage or disclose proprietary

11 information.

12 (b) Not later than 180 days after the enactment of this

13 Act, the Secretary of the Treasury shall submit a report

14 to the Committees on Appropriations describing, for each

15 international financial institution, the amount and type of

16 assistance provided, by country, for the extraction and ex17 port of oil, gas, coal, timber, or other national resource since

18 September 30, 2004.

19 ASSISTANCE FOR FOREIGN NONGOVERNMENTAL

20 ORGANIZATIONS

21 SEC. 5102. Notwithstanding any other provision of

22 law, regulation, or policy, in determining eligibility for as23 sistance authorized under part I of the Foreign Assistance

24 Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovern25 mental organizations—
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1 (1) shall not be ineligible for such assistance sole2 ly on the basis of health or medical services including

3 counseling and referral services, provided by such or4 ganizations with non-United States Government

5 funds if such services do not violate the laws of the

6 country in which they are being provided and would

7 not violate United States Federal law if provided in

8 the United States; and

9 (2) shall not be subject to requirements relating

10 to the use of non-United States Government funds for

11 advocacy and lobbying activities other than those that

12 apply to United States nongovernmental organiza13 tions receiving assistance under part I of such Act.

14 SUDAN

15 SEC. 5103. (a) Of the funds appropriated under the

16 heading ‘‘Iraq Relief and Reconstruction Fund’’ of Public

17 Law 108–106, $150,000,000 shall be made available by

18 transfer for necessary expenses of the United States Agency

19 for International Development to carry out the provisions

20 of section 491 of the Foreign Assistance Act of 1961 to re21 spond to or prevent unforeseen complex foreign crises and

22 to meet urgent humanitarian needs in Darfur, Sudan and

23 the region.

24 (b) The entire amount in subsection (a) is designated

25 as an emergency requirement pursuant to section 402 of

26 S. Con. Res. 95 (108th Congress), as made applicable to
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1 the House of Representatives by H. Res. 649 (108th Con2 gress) and applicable to the Senate by section 14007 of Pub3 lic Law 108–287.

4 (c) That such amount shall be available only to the

5 extent that an official budget request for $150,000,000 that

6 includes designation of the amount as an emergency re7 quirement, as defined in S. Con. Res. 95 (108th Congress),

8 is transmitted by the President to the Congress.

9 (d) If the President does not submit an official budget

10 request required by subsection (c) within 30 days of enact11 ment of the Act, the funds made available under this section

12 shall revert back to the ‘‘Iraq Relief and Reconstruction

13 Fund’’ of Public Law 108–106.

14 (e) It is the Sense of the Senate that the transfer au15 thority that Congress included under chapter 2 of title II

16 of Public Law 108–106, which authorized the transfer of

17 up to 0.5 percent from funds made available under Chapter

18 2 for Sudan, should be triggered to provide funds to address

19 the humanitarian disaster in Darfur, Sudan and region.

20 ADDITIONAL FUNDS FOR THE GLOBAL FUND TO FIGHT

21 AIDS, TUBERCULOSIS AND MALARIA

22 SEC. 5104. In addition, $150,000,000 is appropriated

23 for ‘‘Child Survival and Health Programs Fund’’, which

24 shall be made available for a United States contribution

25 to the Global Fund to Fight AIDS, Tuberculosis and Ma26 laria, in accordance with the provisions applicable to the
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1 Fund under that heading in this Act: Provided, That funds

2 appropriated by this section are designated by the Congress

3 as an emergency requirement pursuant to section 402 of

4 S. Con. Res. 95 (108th Congress), as made applicable to

5 the House of Representatives by H. Res. 649 (108th Con6 gress) and applicable to the Senate by section 14007 of Pub7 lic Law 108–287: Provided further, That such funds shall

8 be divided evenly between malaria control programs and

9 HIV/AIDS drug procurement and treatment: Provided fur10 ther, That the malaria funds shall be only used in low in11 come and least developed countries for grants (to be award12 ed through competitive procedures) for country malaria

13 control programs in which not less than 50 percent of the

14 grant amounts shall support indoor residual spraying

15 interventions: Provided further, That no user fees or other

16 fees may be charged by the government of a country con17 cerned under a program funded utilizing such amount for

18 any malaria intervention under such program: Provided

19 further, That none of the funds appropriated by this section

20 shall be expended for assistance for Burma or for any coun21 try officially designated by the United States Department

22 of State as a state sponsor of terrorism.

23 SUPPORT FOR AFRICAN UNION MISSION IN DARFUR, SUDAN

24 SEC. 5105. (a) In addition, $75,000,000 is appro25 priated to the Department of State to carry out the provi26 sions of section 551 of the Foreign Assistance Act of 1961
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1 for the purpose of providing equipment, logistical, finan2 cial, material, and other resources necessary to support the

3 rapid expansion of the African Union mission in Darfur,

4 Sudan.

5 (b) The entire amount in subsection (a) is designated

6 as an emergency requirement pursuant to section 402 of

7 S. Con. Res. 95 (108th Congress), as made applicable to

8 the House of Representatives by H. Res. 649 (108th Con9 gress) and applicable to the Senate by section 14007 of Pub10 lic Law 108–287.

11 (c) That such amount shall be available only to the

12 extent that an official budget request for $75,000,000 that

13 includes designation of the amount as an emergency re14 quirement, as defined in S. Con. Res. 95 (108th Congress),

15 as made applicable to the Senate by section 14007 of Public

16 Law 108–287, is transmitted by the President to the Con17 gress.

18 IMPROVING SECURITY IN HAITI

19 SEC. 5106. (a) Congress makes the following findings:

20 (1) Haiti is important to the national security

21 interests of the United States.

22 (2) The United States has contributed significant

23 assistance to support the political, economic and so24 cial development of Haiti with limited and uneven re25 sults.
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1 (3) The Haitian people are currently suffering

2 from extreme poverty, threats from armed groups who

3 control large areas of the country, and violations of

4 human rights, including kidnappings.

5 (4) As of September 22, 2004, Tropical Storm

6 Jeanne killed more than 1,000 people, with many

7 hundreds remaining missing, in Gonaives and other

8 areas of Haiti, and caused severe destruction of prop9 erty.

10 (5) The Interim Government of Haiti under

11 Prime Minister Gerard Latortue is attempting to ini12 tiate much needed reforms and bring political sta13 bility to the country prior to the reintroduction of an14 ticipated democratically-elected governance in 2005.

15 (6) On July 19–20, 2004, the international com16 munity pledged $1,085,000,000 in assistance for

17 Haiti, including $230,000,000 from the United

18 States.

19 (7) The immediate challenges facing Haiti are

20 (a) addressing the insecurity and instability caused

21 by armed groups who are undermining the ability of

22 the Interim Government of Haiti to combat poverty

23 and create the conditions for free and fair elections;

24 (b) establishing the rule of law; and (c) economic re25 activation and job creation.
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1 (8) On April 30, 2004, the United Nations Secu2 rity Council authorized the United Nations Stabiliza3 tion Mission in Haiti (MINUSTAH) 6,700 military

4 personnel and 1,622 civilian police personnel, but as

5 of July 31, 2004, only 2,259 military personnel and

6 224 civilian police personnel had been deployed.

7 (9) MINUSTAH is essential to efforts to restore

8 stability and security, including countering the ac9 tivities of rebels, ex-combatants and other armed

10 groups.

11 (b) Congress—

12 (1) appreciates the contributions of military and

13 civilian police personnel to MINUSTAH by Brazil

14 and other nations;

15 (2) calls upon the Secretary of State to redouble

16 his efforts to encourage contributions of additional

17 personnel to MINUSTAH;

18 (3) calls upon MINUSTAH to assertively fulfill

19 its mandate under Chapter VII of the United Nations

20 Charter to ‘‘ensure a secure and stable environment

21 within which the constitutional and political process

22 in Haiti can take place’’, by confronting and resolv23 ing security threats to the Interim Government of

24 Haiti and the people of Haiti;
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1 (4) calls upon the United States and the inter2 national community, including the United Nations

3 and the Organization of American States, to expedite

4 the disbursement of sufficient assistance to enable the

5 Interim Government of Haiti to—

6 (A) address Haiti’s urgent humanitarian

7 needs, including to assist Haitians affected by

8 Tropical Storm Jeanne;

9 (B) increase employment and promote eco10 nomic development; and

11 (C) carry out democratic elections in 2005;

12 (5) calls upon the Interim Government of Haiti

13 to make every effort to ensure that all political parties

14 can participate fully and freely in the electoral proc15 ess; and

16 (6) notes that the failure to establish a secure

17 and stable environment and to conduct credible and

18 inclusive elections will likely result in Haiti’s com19 plete transition from a failed state to a criminal

20 state.

21 REPORT ON GLOBAL POVERTY AND NATIONAL SECURITY

22 SEC. 5107. Not later than 180 days after the date of

23 the enactment of this Act, the Secretary of State, in con24 sultation with other relevant Federal agencies, shall submit

25 a report to Congress on the impact of global poverty on

26 the national security of the United States, which shall in-
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1 clude: (1) an evaluation of the effects of global poverty on

2 United States efforts to promote democracy, equitable eco3 nomic development, and the rule of law in developing coun4 tries; (2) a description of the relationship between global

5 poverty and political instability, civil conflict, and inter6 national terrorism; and (3) recommendations for improving

7 the ability of the United States Government to effectively

8 address the problems in (1) and (2) by combating global

9 poverty, including possible organizational changes within

10 the Federal government.

11 REPORT ON EDUCATION REFORM IN PAKISTAN

12 SEC. 5108 (a) Not later than 90 days after the date

13 of enactment of this Act, the Secretary of State shall submit

14 a report to the appropriate congressional committees—

15 (1) describing the strategy of the Government of

16 Pakistan to implement education reform in Pakistan,

17 and the strategy of the Government of the United

18 States to assist Pakistan to achieve that objective;

19 (2) providing information on the amount of

20 funding—

21 (A) obligated and expended by the Govern22 ment of Pakistan and the Government of the

23 United States, respectively, for education reform

24 in Pakistan, since January 1, 2002;

25 (B) expected to be provided by the Govern26 ment of Pakistan and the Government of the
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1 United States, respectively, for education reform

2 in Pakistan, including any assistance to be pro3 vided by the United States pursuant to the com4 mitment of President Bush to provide

5 $3,000,000,000 in assistance to Pakistan during

6 fiscal year 2005 through fiscal year 2009; and

7 (3) discussing progress made in achieving edu8 cation reform in Pakistan since January 1, 2002.

9 (b) DEFINITIONS.—In this section—

10 (1) the term ‘‘appropriate congressional commit11 tees’’ means—

12 (A) the Committees on Appropriations and

13 International Relations of the House of Rep14 resentatives; and

15 (B) the Committees on Appropriations and

16 Foreign Relations of the Senate;

17 (2) the term ‘‘education reform’’ includes efforts

18 to expand and improve the secular education system

19 in Pakistan, and to develop and utilize a moderate

20 curriculum for private religious schools in Pakistan.

21 UNITED NATIONS RESOLUTIONS ON ISRAEL

22 SEC. 5109. (a) The Senate makes the following find23 ings:

24 (1) The United Nations General Assembly and

25 United Nations Security Council have over a period

26 of many years engaged in a pattern of enacting meas-
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1 ures and resolutions castigating and condemning the

2 state of Israel.

3 (2) Despite the myriad of challenges facing the

4 world community, the United Nations General Assem5 bly has devoted a disproportionate amount of time

6 and resources to castigating Israel.

7 (3) During the fifty-seventh session of the United

8 Nations General Assembly, the General Assembly

9 adopted a total of 80 resolutions by roll call vote, 23

10 of which related to Israel and were opposed by the

11 United States.

12 (4) The United States has a responsibility to

13 promote fair and equitable treatment of all nations in

14 the context of international organizations, including

15 the United Nations.

16 (b) It is the sense of the Senate that the President, the

17 United States Permanent Representative to the United Na18 tions, and other appropriate United States officials

19 should—

20 (1) work to dissuade member states of the United

21 Nations from voting in support of United Nations

22 General Assembly resolutions that unfairly castigate

23 Israel; and
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1 (2) promote within the United Nations General

2 Assembly more balanced and constructive approaches

3 to resolving the conflict in the Middle East.

4 (c) Section 406(b)(4) of the Foreign Relations Author5 ization Act, Fiscal Years 1990 and 1991 (Public Law 101–

6 246; 22 U.S.C. 2414a(b)(4)) is amended by inserting after

7 ‘‘United States’’ the following: ‘‘, including a separate list8 ing of all plenary votes cast by member countries of the

9 United Nations in the General Assembly on resolutions spe10 cifically related to Israel that are opposed by the United

11 States’’.

12 SENSE OF THE SENATE ON VIOLATIONS OF RELIGIOUS

13 FREEDOM IN SAUDI ARABIA

14 SEC. 5110. It is the sense of the Senate that, in light

15 of the designation of Saudi Arabia as a country of par16 ticular concern under section 402(b)(1)(A) of the Inter17 national Religious Freedom Act of 1998 (22 U.S.C.

18 6442(b)(1)(A)) because the Government of Saudi Arabia has

19 engaged in or tolerated particularly severe violations of reli20 gious freedom, the President should—

21 (1) under the authority in section 402(c)(2) and

22 405(c) of such Act, negotiate a binding agreement

23 with the Government of Saudi Arabia that requires

24 such Government to phase out any program, policy,

25 or practice that contributes to the violations of reli-
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1 gious freedom occurring or being tolerated in Saudi

2 Arabia; or

3 (2) take an action described in one of the para4 graphs (9) through (15) of 405(a) of such Act or a

5 commensurate action under the authority in section

6 402(c)(1)(B) of such Act with respect to Saudi Arabia

7 that the President determines is appropriate after

8 consideration of the recommendations for United

9 States policy made by the United States Commission

10 on International Religious Freedom.

11 SUPPORT FOR THE POLITICAL INDEPENDENCE OF LEBANON

12 SEC. 5111. (a) The Senate makes the following find13 ings:

14 (1) The United States has long supported the

15 sovereignty, territorial integrity, and political inde16 pendence of Lebanon and the sole and exclusive exer17 cise by the Government of Lebanon of national gov18 ernmental authority throughout that country.

19 (2) The continued presence in Lebanon of non20 governmental armed groups and militias, including

21 Hizbollah, prevents the Government of Lebanon from

22 exercising its full sovereignty over all territory in that

23 country.

24 (3) The Government of Syria has had a military

25 presence in Lebanon since 1976, and maintains ap26 proximately 20,000 troops in Lebanon.
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1 (4) The Government of Syria continues to violate

2 United Nations Security Council Resolution 520,

3 adopted in 1982, which demands that ‘‘all non-Leba4 nese forces’’ leave Lebanon.

5 (5) Syria has, since 1979, been labeled by the

6 Department of State as a state sponsor of terrorism.

7 (6) President George W. Bush signed an Execu8 tive order on May 11, 2004, that implements sanc9 tions against the Government of Syria pursuant to

10 the Syria Accountability and Lebanese Sovereignty

11 Restoration Act of 2003 (Public Law 108–175; 22

12 U.S.C. 2151 note).

13 (7) United Nations Security Resolution 1559,

14 approved on September 2, 2004, expressed support for

15 a free and fair electoral process in the upcoming pres16 idential election in Lebanon conducted according to

17 constitutional rules adopted in Lebanon without for18 eign interference or influence.

19 (8) On September 3, 2004, the Government of

20 Syria, according to numerous reports, exerted undue

21 influence upon government officials in Lebanon to

22 amend the constitution to extend the term of the

23 President of Lebanon, Emile Lahoud, who is sup24 ported by the Government of Syria.

25 (b) It is the sense of the Senate that—
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1 (1) the United Nations should seek a firm, nego2 tiated schedule for the complete withdrawal from Leb3 anon of Syria armed forces in order to facilitate the

4 restoration of the sovereignty, territorial integrity,

5 and political independence of Lebanon;

6 (2) the Government of Syria should immediately

7 withdraw its troops from Lebanon in accordance with

8 United Nations resolutions;

9 (3) the Government of Syria should—

10 (A) cease its support and armament of ter11 ror groups such as Hizbollah; and

12 (B) facilitate efforts by the government and

13 armed forces of Lebanon to disarm all non14 governmental armed groups and militias located

15 in Lebanon and to extend central government

16 authority throughout Lebanon; and

17 (4) the Government of Syria should cease efforts

18 to derail the democratic process in Lebanon and to

19 interfere with the legitimate electoral process in that

20 country.
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1 This Act may be cited as the ‘‘Foreign Operations, Ex2 port Financing, and Related Programs Appropriations Act,

3 2005’’.

Attest:

Secretary.
108TH CONGRESS

2D SESSION H. R. 4818

AMENDMENT