108TH CONGRESS

2D SESSION H. R. 4818

AN ACT

Making appropriations for foreign operations, exother purposes. cal year ending September 30, 2005, and for port financing, and related programs for the fis-

108TH CONGRESS

2D SESSION H. R. 4818

AN ACT

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

September 30, 2005, and for other purposes.

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

3 That the following sums are appropriated, out of any
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1 money in the Treasury not otherwise appropriated, for the

2 fiscal year ending September 30, 2005, and for other pur3 poses, namely:

4 TITLE I—EXPORT AND INVESTMENT

5 ASSISTANCE

6 EXPORT-IMPORT BANK OF THE UNITED STATES

7 The Export-Import Bank of the United States is au8 thorized to make such expenditures within the limits of

9 funds and borrowing authority available to such corpora10 tion, and in accordance with law, and to make such con11 tracts and commitments without regard to fiscal year limi12 tations, as provided by section 104 of the Government

13 Corporation Control Act, as may be necessary in carrying

14 out the program for the current fiscal year for such cor15 poration: Provided, That none of the funds available dur16 ing the current fiscal year may be used to make expendi17 tures, contracts, or commitments for the export of nuclear

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

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

20 Treaty on the Non-Proliferation of Nuclear Weapons eligi21 ble to receive economic or military assistance under this

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

23 of the enactment of this Act: Provided further, That not24 withstanding section 1(c) of Public Law 103–428, as
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1 amended, sections 1(a) and (b) of Public Law 103–428

2 shall remain in effect through October 1, 2005.

3 SUBSIDY APPROPRIATION

4 For the cost of direct loans, loan guarantees, insur5 ance, and tied-aid grants as authorized by section 10 of

6 the Export-Import Bank Act of 1945, as amended,

7 $125,700,000, to remain available until September 30,

8 2008: Provided, That such costs, including the cost of

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

10 of the Congressional Budget Act of 1974: Provided fur11 ther, That such sums shall remain available until Sep12 tember 30, 2023, for the disbursement of direct loans,

13 loan guarantees, insurance and tied-aid grants obligated

14 in fiscal years 2005, 2006, 2007, and 2008: Provided fur15 ther, That none of the funds appropriated by this Act or

16 any prior Act appropriating funds for foreign operations,

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

18 or grants may be used for any other purpose except

19 through the regular notification procedures of the Com20 mittees on Appropriations: Provided further, That funds

21 appropriated by this paragraph are made available not22 withstanding section 2(b)(2) of the Export-Import Bank

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

24 any product by any East European country, any Baltic

25 State or any agency or national thereof.
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1 ADMINISTRATIVE EXPENSES

2 For administrative expenses to carry out the direct

3 and guaranteed loan and insurance programs, including

4 hire of passenger motor vehicles and services as authorized

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

6 reception and representation expenses for members of the

7 Board of Directors, $73,200,000: Provided, That the Ex8 port-Import Bank may accept, and use, payment or serv9 ices provided by transaction participants for legal, finan10 cial, or technical services in connection with any trans11 action for which an application for a loan, guarantee or

12 insurance commitment has been made: Provided further,

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

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

15 shall remain in effect until October 1, 2005.

16 OVERSEAS PRIVATE INVESTMENT CORPORATION

17 NONCREDIT ACCOUNT

18 The Overseas Private Investment Corporation is au19 thorized to make, without regard to fiscal year limitations,

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

21 commitments within the limits of funds available to it and

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

23 That the amount available for administrative expenses to

24 carry out the credit and insurance programs (including an

25 amount for official reception and representation expenses
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1 which shall not exceed $35,000) shall not exceed

2 $42,885,000: Provided further, That project-specific trans3 action costs, including direct and indirect costs incurred

4 in claims settlements, and other direct costs associated

5 with services provided to specific investors or potential in6 vestors pursuant to section 234 of the Foreign Assistance

7 Act of 1961, shall not be considered administrative ex8 penses for the purposes of this heading.

9 PROGRAM ACCOUNT

10 For the cost of direct and guaranteed loans,

11 $24,000,000, as authorized by section 234 of the Foreign

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

13 the Overseas Private Investment Corporation Non-Credit

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

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

16 of the Congressional Budget Act of 1974: Provided fur17 ther, That such sums shall be available for direct loan obli18 gations and loan guaranty commitments incurred or made

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

20 such sums shall remain available through fiscal year 2013

21 for the disbursement of direct and guaranteed loans obli22 gated in fiscal year 2005, and through fiscal year 2014

23 for the disbursement of direct and guaranteed loans obli24 gated in fiscal year 2006.

25 In addition, such sums as may be necessary for ad26 ministrative expenses to carry out the credit program may
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1 be derived from amounts available for administrative ex2 penses to carry out the credit and insurance programs in

3 the Overseas Private Investment Corporation Noncredit

4 Account and merged with said account.

5 FUNDS APPROPRIATED TO THE PRESIDENT

6 TRADE AND DEVELOPMENT AGENCY

7 For necessary expenses to carry out the provisions

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

9 $51,500,000, to remain available until September 30,

10 2006.

11 TITLE II—BILATERAL ECONOMIC ASSISTANCE

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 For expenses necessary to enable the President to

14 carry out the provisions of the Foreign Assistance Act of

15 1961, and for other purposes, to remain available until

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

17 follows:

18 UNITED STATES AGENCY FOR INTERNATIONAL

19 DEVELOPMENT

20 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses to carry out the provisions

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

24 Act of 1961, for child survival, health, and family plan25 ning/reproductive health activities, in addition to funds

26 otherwise available for such purposes, $1,648,500,000, to
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1 remain available until September 30, 2006: Provided,

2 That this amount shall be made available for such activi3 ties as: (1) immunization programs; (2) oral rehydration

4 programs; (3) health, nutrition, water and sanitation pro5 grams which directly address the needs of mothers and

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

7 for children displaced or orphaned by causes other than

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

9 of, and research on HIV/AIDS, tuberculosis, polio, ma10 laria, and other infectious diseases, and for assistance to

11 communities severely affected by HIV/AIDS, including

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

13 planning/reproductive health: Provided further, That none

14 of the funds appropriated under this heading may be made

15 available for nonproject assistance, except that funds may

16 be made available for such assistance for ongoing health

17 activities: Provided further, That of the funds appropriated

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

19 to funds otherwise available for such purposes, may be

20 used to monitor and provide oversight of child survival,

21 maternal and family planning/reproductive health, and in22 fectious disease programs: Provided further, That the fol23 lowing amounts should be allocated as follows:

24 $330,000,000 for child survival and maternal health;

25 $28,000,000 for vulnerable children; $330,000,000 for
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1 HIV/AIDS; $185,000,000 for other infectious diseases;

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

3 Provided further, That of the funds appropriated under

4 this heading, and in addition to funds allocated under the

5 previous proviso, not less than $400,000,000 shall be

6 made available, notwithstanding any other provision of

7 law, except for the United States Leadership Against

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

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

10 contribution to the Global Fund to Fight AIDS, Tuber11 culosis and Malaria (the ‘‘Global Fund’’), and shall be ex12 pended at the minimum rate necessary to make timely

13 payment for projects and activities: Provided further, That

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

15 previous proviso may be made available to the United

16 States Agency for International Development for technical

17 assistance related to the activities of the Global Fund:

18 Provided further, That of the funds appropriated under

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

20 United States contribution to The Vaccine Fund, and up

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

22 funds appropriated by this Act under the heading ‘‘Oper23 ating Expenses of the United States Agency for Inter24 national Development’’ for costs directly related to inter25 national health, but funds made available for such costs
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1 may not be derived from amounts made available for con2 tributions under this and preceding provisos: Provided fur3 ther, That none of the funds made available in this Act

4 nor any unobligated balances from prior appropriations

5 may be made available to any organization or program

6 which, as determined by the President of the United

7 States, supports or participates in the management of a

8 program of coercive abortion or involuntary sterilization:

9 Provided further, That none of the funds made available

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

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

12 or coerce any person to practice abortions: Provided fur13 ther, That none of the funds made available under this

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

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

16 developing nations, funds shall be available only to vol17 untary family planning projects which offer, either directly

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

19 broad range of family planning methods and services, and

20 that any such voluntary family planning project shall meet

21 the following requirements: (1) service providers or refer22 ral agents in the project shall not implement or be subject

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

24 births, number of family planning acceptors, or acceptors

25 of a particular method of family planning (this provision
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1 shall not be construed to include the use of quantitative

2 estimates or indicators for budgeting and planning pur3 poses); (2) the project shall not include payment of incen4 tives, bribes, gratuities, or financial reward to: (A) an indi5 vidual in exchange for becoming a family planning accep6 tor; or (B) program personnel for achieving a numerical

7 target or quota of total number of births, number of fam8 ily planning acceptors, or acceptors of a particular method

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

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

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

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

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

14 provide family planning acceptors comprehensible infor15 mation on the health benefits and risks of the method cho16 sen, including those conditions that might render the use

17 of the method inadvisable and those adverse side effects

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

19 (5) the project shall ensure that experimental contracep20 tive drugs and devices and medical procedures are pro21 vided only in the context of a scientific study in which

22 participants are advised of potential risks and benefits;

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

24 Administrator of the United States Agency for Inter25 national Development determines that there has been a
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1 violation of the requirements contained in paragraph (1),

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

3 of violations of the requirements contained in paragraph

4 (4) of this proviso, the Administrator shall submit to the

5 Committees on Appropriations a report containing a de6 scription of such violation and the corrective action taken

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

8 for natural family planning under section 104 of the For9 eign Assistance Act of 1961 no applicant shall be discrimi10 nated against because of such applicant’s religious or con11 scientious commitment to offer only natural family plan12 ning; and, additionally, all such applicants shall comply

13 with the requirements of the previous proviso: Provided

14 further, That for purposes of this or any other Act author15 izing or appropriating funds for foreign operations, export

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

17 it relates to family planning assistance, shall not be con18 strued to prohibit the provision, consistent with local law,

19 of information or counseling about all pregnancy options:

20 Provided further, That nothing in this paragraph shall be

21 construed to alter any existing statutory prohibitions

22 against abortion under section 104 of the Foreign Assist23 ance Act of 1961: Provided further, That to the maximum

24 extent feasible, taking into consideration cost, timely avail25 ability, and best health practices, funds appropriated in
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1 this Act that are made available for condom procurement

2 shall be made available only for the procurement of

3 condoms manufactured in the United States: Provided fur4 ther, That information provided about the use of condoms

5 as part of projects or activities that are funded from

6 amounts appropriated by this Act shall be medically accu7 rate and shall include the public health benefits and fail8 ure rates of such use.

9 DEVELOPMENT ASSISTANCE

10 For necessary expenses of the United States Agency

11 for International Development to carry out the provisions

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

13 part I of the Foreign Assistance Act of 1961,

14 $1,429,000,000, to remain available until September 30,

15 2006: Provided, That $194,000,000 should be allocated

16 for trade capacity building: Provided further, That

17 $300,000,000 should be allocated for basic education: Pro18 vided further, That of the funds appropriated under this

19 heading and managed by the United States Agency for

20 International Development Bureau of Democracy, Con21 flict, and Humanitarian Assistance, not less than

22 $15,000,000 shall be made available only for programs to

23 improve women’s leadership capacity in recipient coun24 tries: Provided further, That such funds may not be made

25 available for construction: Provided further, That of the

26 funds appropriated under this heading that are made
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1 available for assistance programs for displaced and or2 phaned children and victims of war, not to exceed

3 $32,500, in addition to funds otherwise available for such

4 purposes, may be used to monitor and provide oversight

5 of such programs.

6 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

7 For necessary expenses of the United States Agency

8 for International Development to carry out the provisions

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

10 international disaster relief, rehabilitation, and recon11 struction assistance, $335,500,000, to remain available

12 until expended.

13 In addition, for necessary expenses for assistance for

14 famine prevention and relief, including for mitigation of

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

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

17 available utilizing the general authorities of section 491

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

19 addition to amounts otherwise available for such purposes:

20 Provided further, That funds appropriated by this para21 graph shall be available for obligation subject to prior con22 sultation with the Committees on Appropriations.

23 TRANSITION INITIATIVES

24 For necessary expenses for international disaster re25 habilitation and reconstruction assistance pursuant to sec26 tion 491 of the Foreign Assistance Act of 1961,
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1 $47,500,000, to remain available until expended, to sup2 port transition to democracy and to long-term develop3 ment of countries in crisis: Provided, That such support

4 may include assistance to develop, strengthen, or preserve

5 democratic institutions and processes, revitalize basic in6 frastructure, and foster the peaceful resolution of conflict:

7 Provided further, That the United States Agency for Inter8 national Development shall submit a report to the Com9 mittees on Appropriations at least 5 days prior to begin10 ning a new program of assistance: Provided further, That

11 if the President determines that it is important to the na12 tional interests of the United States to provide transition

13 assistance in excess of the amount appropriated under this

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

15 this Act to carry out the provisions of part I of the For16 eign Assistance Act of 1961 may be used for purposes of

17 this heading and under the authorities applicable to funds

18 appropriated under this heading: Provided further, That

19 funds made available pursuant to the previous proviso

20 shall be made available subject to prior consultation with

21 the Committees on Appropriations.

22 DEVELOPMENT CREDIT AUTHORITY

23 (INCLUDING TRANSFER OF FUNDS)

24 For the cost of direct loans and loan guarantees pro25 vided by the United States Agency for International De26 velopment, as authorized by sections 108 and 635 of the
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1 Foreign Assistance Act of 1961, funds may be derived by

2 transfer from funds appropriated by this Act to carry out

3 part I of such Act and under the heading ‘‘Assistance for

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

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

6 made available only for micro and small enterprise pro7 grams, urban programs, and other programs which fur8 ther the purposes of part I of the Act: Provided further,

9 That such costs, including the cost of modifying such di10 rect and guaranteed loans, shall be as defined in section

11 502 of the Congressional Budget Act of 1974, as amend12 ed: Provided further, That funds made available by this

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

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

15 used for such costs shall be subject to the regular notifica16 tion procedures of the Committees on Appropriations: Pro17 vided further, That the provisions of section 107A(d) (re18 lating to general provisions applicable to the Development

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

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

21 the House Committee on International Relations on May

22 9, 1997, shall be applicable to direct loans and loan guar23 antees provided under this heading.

24 In addition, for administrative expenses to carry out

25 credit programs administered by the United States Agency
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1 for International Development, $8,000,000, which may be

2 transferred to and merged with the appropriation for Op3 erating Expenses of the United States Agency for Inter4 national Development: Provided, That funds made avail5 able under this heading shall remain available until Sep6 tember 30, 2007.

7 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

8 DISABILITY FUND

9 For payment to the ‘‘Foreign Service Retirement and

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

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

12 OPERATING EXPENSES OF THE UNITED STATES AGENCY

13 FOR INTERNATIONAL DEVELOPMENT

14 For necessary expenses to carry out the provisions

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

16 $618,000,000, of which up to $25,000,000 may remain

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

18 of the funds appropriated under this heading and under

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

20 available to finance the construction (including architect

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

22 offices for use by the United States Agency for Inter23 national Development, unless the Administrator has iden24 tified such proposed construction (including architect and

25 engineering services), purchase, or long term lease of of26 fices in a report submitted to the Committees on Appro-
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1 priations at least 15 days prior to the obligation of these

2 funds for such purposes: Provided further, That the pre3 vious proviso shall not apply where the total cost of con4 struction (including architect and engineering services),

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

6 $1,000,000: Provided further, That contracts or agree7 ments entered into with funds appropriated under this

8 heading may entail commitments for the expenditure of

9 such funds through fiscal year 2006: Provided further,

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

11 a new overseas mission of the United States Agency for

12 International Development without the prior written noti13 fication of the Committees on Appropriations: Provided

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

15 Foreign Assistance Act of 1961 may be exercised by the

16 Secretary of State to transfer funds appropriated to carry

17 out chapter 1 of part I of such Act to ‘‘Operating Ex18 penses of the United States Agency for International De19 velopment’’ in accordance with the provisions of those sec20 tions.

21 CAPITAL INVESTMENT FUND

22 For necessary expenses for overseas construction and

23 related costs, and for the procurement and enhancement

24 of information technology and related capital investments,

25 pursuant to section 667 of the Foreign Assistance Act of

26 1961, $64,800,000, to remain available until expended:
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1 Provided, That this amount is in addition to funds other2 wise available for such purposes: Provided further, That

3 funds appropriated under this heading shall be available

4 for obligation only pursuant to the regular notification

5 procedures of the Committees on Appropriations: Provided

6 further, That funds appropriated under this heading and

7 under the heading ‘‘Operating Expenses of the United

8 States Agency for International Development’’ may be

9 made available for USAID’s contribution to the Capital

10 Cost Sharing Program only if all other agencies who have

11 agreed to participate in that program during the current

12 fiscal year are making their contributions to the program.

13 OPERATING EXPENSES OF THE UNITED STATES AGENCY

14 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN15 SPECTOR GENERAL

16 For necessary expenses to carry out the provisions

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

18 $35,000,000, to remain available until September 30,

19 2006, which sum shall be available for the Office of the

20 Inspector General of the United States Agency for Inter21 national Development.

22 OTHER BILATERAL ECONOMIC ASSISTANCE

23 ECONOMIC SUPPORT FUND

24 For necessary expenses to carry out the provisions

25 of chapter 4 of part II, $2,450,000,000, to remain avail26 able until September 30, 2006: Provided, That of the
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1 funds appropriated under this heading, not less than

2 $360,000,000 shall be available only for Israel, which sum

3 shall be available on a grant basis as a cash transfer and

4 shall be disbursed within 30 days of the enactment of this

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

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

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

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

9 provided with the understanding that Egypt will under10 take significant economic reforms which are additional to

11 those which were undertaken in previous fiscal years: Pro12 vided further, That in exercising the authority to provide

13 cash transfer assistance for Israel, the President shall en14 sure that the level of such assistance does not cause an

15 adverse impact on the total level of nonmilitary exports

16 from the United States to such country and that Israel

17 enters into a side letter agreement in an amount propor18 tional to the fiscal year 1999 agreement: Provided further,

19 That of the funds appropriated under this heading, not

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

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

22 $200,000,000 of the funds appropriated under this head23 ing may be used for the costs, as defined in section 502

24 of the Congressional Budget Act of 1974, of modifying

25 direct loans and guarantees for Pakistan: Provided further,
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1 That amounts that are made available under the previous

2 proviso for the cost of modifying direct loans and guaran3 tees shall not be considered ‘‘assistance’’ for the purposes

4 of provisions of law limiting assistance to a country: Pro5 vided further, That $13,500,000 of the funds appropriated

6 under this heading should be made available for Cyprus

7 to be used only for scholarships, administrative support

8 of the scholarship program, bicommunal projects, and

9 measures aimed at reunification of the island and designed

10 to reduce tensions and promote peace and cooperation be11 tween the two communities on Cyprus: Provided further,

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

13 heading should be made available for assistance for Leb14 anon, of which not less than $4,000,000 should be made

15 available for scholarships and direct support of American

16 educational institutions in Lebanon: Provided further,

17 That funds appropriated under this heading that are made

18 available for assistance for the Central Government of

19 Lebanon shall be subject to the regular notification proce20 dures of the Committees on Appropriations: Provided fur21 ther, That $22,000,000 of the funds appropriated under

22 this heading should be made available for assistance for

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

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

25 heading should be made available for assistance for Haiti:
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1 Provided further, That funds appropriated under this

2 heading may be used, notwithstanding any other provision

3 of law, to provide assistance to the National Democratic

4 Alliance of Sudan to strengthen its ability to protect civil5 ians from attacks, slave raids, and aerial bombardment

6 by the Sudanese Government forces and its militia allies,

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

8 regular notification procedures of the Committees on Ap9 propriations: Provided further, That in the previous pro10 viso, the term ‘‘assistance’’ includes non-lethal, non-food

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

12 drilling equipment, communications equipment to notify

13 civilians of aerial bombardment, non-military vehicles,

14 tents, and shoes: Provided further, That funds appro15 priated under this heading that are made available for a

16 Middle East Financing Facility, Middle East Enterprise

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

18 be subject to the regular notification procedures of the

19 Committees on Appropriations: Provided further, That

20 with respect to funds appropriated under this heading in

21 this Act or prior Acts making appropriations for foreign

22 operations, export financing, and related programs, the re23 sponsibility for policy decisions and justifications for the

24 use of such funds, including whether there will be a pro25 gram for a country that uses those funds and the amount
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1 of each such program, shall be the responsibility of the

2 Secretary of State and the Deputy Secretary of State and

3 this responsibility shall not be delegated.

4 INTERNATIONAL FUND FOR IRELAND

5 For necessary expenses to carry out the provisions

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

7 1961, $18,500,000, which shall be available for the United

8 States contribution to the International Fund for Ireland

9 and shall be made available in accordance with the provi10 sions of the Anglo-Irish Agreement Support Act of 1986

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

12 be expended at the minimum rate necessary to make time13 ly payment for projects and activities: Provided further,

14 That funds made available under this heading shall re15 main available until September 30, 2006.

16 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

17 STATES

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

19 of the Foreign Assistance Act of 1961 and the Support

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

21 $375,000,000, to remain available until September 30,

22 2006, which shall be available, notwithstanding any other

23 provision of law, for assistance and for related programs

24 for Eastern Europe and the Baltic States.

25 (b) Funds appropriated under this heading shall be

26 considered to be economic assistance under the Foreign
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1 Assistance Act of 1961 for purposes of making available

2 the administrative authorities contained in that Act for

3 the use of economic assistance.

4 (c) With regard to funds appropriated under this

5 heading for the economic revitalization program in Bosnia

6 and Herzegovina, and local currencies generated by such

7 funds (including the conversion of funds appropriated

8 under this heading into currency used by Bosnia and

9 Herzegovina as local currency and local currency returned

10 or repaid under such program) the Administrator of the

11 United States Agency for International Development shall

12 provide written approval for grants and loans prior to the

13 obligation and expenditure of funds for such purposes, and

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

15 to any lending facility or grantee.

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

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

18 to funds appropriated under this heading: Provided, That

19 notwithstanding any provision of this or any other Act,

20 including provisions in this subsection regarding the appli21 cation of section 529 of this Act, local currencies gen22 erated by, or converted from, funds appropriated by this

23 Act and by previous appropriations Acts and made avail24 able for the economic revitalization program in Bosnia

25 may be used in Eastern Europe and the Baltic States to
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1 carry out the provisions of the Foreign Assistance Act of

2 1961 and the Support for East European Democracy

3 (SEED) Act of 1989.

4 (e) The President is authorized to withhold funds ap5 propriated under this heading made available for economic

6 revitalization programs in Bosnia and Herzegovina, if he

7 determines and certifies to the Committees on Appropria8 tions that the Federation of Bosnia and Herzegovina has

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

10 Framework Agreement for Peace in Bosnia and

11 Herzegovina concerning the withdrawal of foreign forces,

12 and that intelligence cooperation on training, investiga13 tions, and related activities between state sponsors of ter14 rorism and terrorist organizations and Bosnian officials

15 has not been terminated.

16 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

17 FORMER SOVIET UNION

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

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

20 Act of 1961 and the FREEDOM Support Act, for assist21 ance for the Independent States of the former Soviet

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

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

24 provisions of such chapters shall apply to funds appro25 priated by this paragraph: Provided further, That funds

26 made available for the Southern Caucasus region may be
25

•HR 4818 EH

1 used notwithstanding any other provision of law, for con2 fidence-building measures and other activities in further3 ance of the peaceful resolution of the regional conflicts,

4 especially those in the vicinity of Abkhazia and Nagorno5 Karabagh: Provided further, That of the funds appro6 priated under this heading, $1,500,000 should be available

7 only to meet the health and other assistance needs of vic8 tims of trafficking in persons: Provided further, That, not9 withstanding any other provision of law, funds appro10 priated under this heading in this Act or prior Acts mak11 ing appropriations for foreign operations, export financ12 ing, and related programs, that are made available pursu13 ant to the provisions of section 807 of Public Law 102–

14 511 shall be subject to a 6 percent ceiling on administra15 tive expenses.

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

17 less than $65,000,000 should be made available for assist18 ance for Armenia.

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

20 less than $57,000,000 should be made available, in addi21 tion to funds otherwise available for such purposes, for

22 assistance for child survival, environmental and reproduc23 tive health, and to combat HIV/AIDS, tuberculosis and

24 other infectious diseases, and for related activities.
26

•HR 4818 EH

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

2 that are allocated for assistance for the Government of

3 the Russian Federation, 60 percent shall be withheld from

4 obligation until the President determines and certifies in

5 writing to the Committees on Appropriations that the Gov6 ernment of the Russian Federation:

7 (A) has terminated implementation of arrange8 ments to provide Iran with technical expertise, train9 ing, technology, or equipment necessary to develop a

10 nuclear reactor, related nuclear research facilities or

11 programs, or ballistic missile capability; and

12 (B) is providing full access to international non13 government organizations providing humanitarian

14 relief to refugees and internally displaced persons in

15 Chechnya.

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

17 (A) assistance to combat infectious diseases,

18 child survival activities, or assistance for victims of

19 trafficking in persons; and

20 (B) activities authorized under title V (Non21 proliferation and Disarmament Programs and Ac22 tivities) of the FREEDOM Support Act.

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

24 not apply to—
27

•HR 4818 EH

1 (1) activities to support democracy or assist2 ance under title V of the FREEDOM Support Act

3 and section 1424 of Public Law 104–201 or non4 proliferation assistance;

5 (2) any assistance provided by the Trade and

6 Development Agency under section 661 of the For7 eign Assistance Act of 1961 (22 U.S.C. 2421);

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

9 United States and Foreign Commercial Service while

10 acting within his or her official capacity;

11 (4) any insurance, reinsurance, guarantee or

12 other assistance provided by the Overseas Private

13 Investment Corporation under title IV of chapter 2

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

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

16 (5) any financing provided under the Export17 Import Bank Act of 1945; or

18 (6) humanitarian assistance.

19 INDEPENDENT AGENCIES

20 INTER-AMERICAN FOUNDATION

21 For necessary expenses to carry out the functions of

22 the Inter-American Foundation in accordance with the

23 provisions of section 401 of the Foreign Assistance Act

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

25 30, 2006.
28

•HR 4818 EH

1 AFRICAN DEVELOPMENT FOUNDATION

2 For necessary expenses to carry out title V of the

3 International Security and Development Cooperation Act

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

5 available until September 30, 2006: Provided, That funds

6 made available to grantees may be invested pending ex7 penditure for project purposes when authorized by the

8 board of directors of the Foundation: Provided further,

9 That interest earned shall be used only for the purposes

10 for which the grant was made: Provided further, That not11 withstanding section 505(a)(2) of the African Develop12 ment Foundation Act, in exceptional circumstances the

13 board of directors of the Foundation may waive the

14 $250,000 limitation contained in that section with respect

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

16 provide a report to the Committees on Appropriations

17 after each time such waiver authority is exercised.

18 PEACE CORPS

19 For necessary expenses to carry out the provisions

20 of the Peace Corps Act (75 Stat. 612), $330,000,000, in21 cluding the purchase of not to exceed five passenger motor

22 vehicles for administrative purposes for use outside of the

23 United States: Provided, That none of the funds appro24 priated under this heading shall be used to pay for abor25 tions: Provided further, That funds appropriated under
29

•HR 4818 EH

1 this heading shall remain available until September 30,

2 2006.

3 MILLENNIUM CHALLENGE CORPORATION

4 For necessary expenses for the ‘‘Millennium Chal5 lenge Corporation’’, $1,250,000,000, to remain available

6 until expended: Provided, That of the funds appropriated

7 under this heading, not more than $30,000,000 may be

8 available for administrative expenses of the Millennium

9 Challenge Corporation: Provided further, That none of the

10 funds appropriated under this heading may be made avail11 able for the provision of assistance until the Chief Execu12 tive Officer of the Millennium Challenge Corporation pro13 vides a written budget justification to the Committees on

14 Appropriations: Provided further, That up to 10 percent

15 of the funds appropriated under this heading may be made

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

17 Millennium Challenge Act of 2003: Provided further, That

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

19 such Act may be made available until the Chief Executive

20 Officer of the Millennium Challenge Corporation provides

21 a report to the Committees on Appropriations listing the

22 candidate countries that will be receiving assistance under

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

24 for each such country, a description of the proposed pro25 grams, projects and activities, and the implementing agen26 cy or agencies of the United States Government: Provided
30

•HR 4818 EH

1 further, That section 605(e)(4) of the Millennium Chal2 lenge Act of 2003 shall apply to funds appropriated under

3 this heading: Provided further, That funds appropriated

4 under this heading, and funds appropriated under this

5 heading in division D of Public Law 108–199, may be

6 made available for a Millennium Challenge Compact en7 tered into pursuant to section 609 of the Millennium Chal8 lenge Act of 2003 only if such Compact obligates, or con9 tains a commitment to obligate subject to the availability

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

11 Compact to proceed, the entire amount of the United

12 States Government funding anticipated for the duration

13 of the Compact: Provided further, That the previous pro14 viso shall be effective on the date of enactment of this Act.

15 DEPARTMENT OF STATE

16 GLOBAL HIV/AIDS INITIATIVE

17 For necessary expenses to carry out the provisions

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

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

20 $1,260,000,000, to remain available until expended: Pro21 vided, That of the funds appropriated under this heading,

22 not more than $8,818,000 may be made available for ad23 ministrative expenses of the Office of the Coordinator of

24 United States Government Activities to Combat HIV/

25 AIDS Globally of the Department of State: Provided fur-
31

•HR 4818 EH

1 ther, That of the funds appropriated under this heading,

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

3 contribution to the International AIDS Vaccine Initiative.

4 INTERNATIONAL NARCOTICS CONTROL AND LAW

5 ENFORCEMENT

6 For necessary expenses to carry out section 481 of

7 the Foreign Assistance Act of 1961, $328,820,000, to re8 main available until September 30, 2007: Provided, That

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

10 use the authority of section 608 of the Foreign Assistance

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

12 excess property from an agency of the United States Gov13 ernment for the purpose of providing it to a foreign coun14 try under chapter 8 of part I of that Act subject to the

15 regular notification procedures of the Committees on Ap16 propriations: Provided further, That the Secretary of State

17 shall provide to the Committees on Appropriations not

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

19 Act and prior to the initial obligation of funds appro20 priated under this heading, a report on the proposed uses

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

22 basis for each proposed program, project, or activity: Pro23 vided further, That up to $10,000,000 of the funds appro24 priated under this heading should be made available for

25 demand reduction programs: Provided further, That of the
32

•HR 4818 EH

1 funds appropriated under this heading, not more than

2 $26,117,000 may be available for administrative expenses.

3 ANDEAN COUNTERDRUG INITIATIVE

4 For necessary expenses to carry out section 481 of

5 the Foreign Assistance Act of 1961 to support

6 counterdrug activities in the Andean region of South

7 America, $731,000,000, to remain available until Sep8 tember 30, 2007: Provided, That in fiscal year 2005,

9 funds available to the Department of State for assistance

10 to the Government of Colombia shall be available to sup11 port a unified campaign against narcotics trafficking,

12 against activities by organizations designated as terrorist

13 organizations such as the Revolutionary Armed Forces of

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

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

16 and to take actions to protect human health and welfare

17 in emergency circumstances, including undertaking rescue

18 operations: Provided further, That this authority shall

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

20 evidence that the Colombian Armed Forces are not con21 ducting vigorous operations to restore government author22 ity and respect for human rights in areas under the effec23 tive control of paramilitary and guerrilla organizations:

24 Provided further, That the President shall ensure that if

25 any helicopter procured with funds under this heading is

26 used to aid or abet the operations of any illegal self-de-
33

•HR 4818 EH

1 fense group or illegal security cooperative, such helicopter

2 shall be immediately returned to the United States: Pro3 vided further, That none of the funds appropriated by this

4 Act may be made available to support a Peruvian air inter5 diction program until the Secretary of State and Director

6 of Central Intelligence certify to the Congress, 30 days

7 before any resumption of United States involvement in a

8 Peruvian air interdiction program, that an air interdiction

9 program that permits the ability of the Peruvian Air Force

10 to shoot down aircraft will include enhanced safeguards

11 and procedures to prevent the occurrence of any incident

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

13 That the Secretary of State, in consultation with the Ad14 ministrator of the United States Agency for International

15 Development, shall provide to the Committees on Appro16 priations not later than 45 days after the date of the en17 actment of this Act and prior to the initial obligation of

18 funds appropriated under this heading, a report on the

19 proposed uses of all funds under this heading on a coun20 try-by-country basis for each proposed program, project,

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

22 Foreign Assistance Act of 1961 shall not apply to funds

23 appropriated under this heading: Provided further, That

24 assistance provided with funds appropriated under this

25 heading that is made available notwithstanding section
34

•HR 4818 EH

1 482(b) of the Foreign Assistance Act of 1961 shall be

2 made available subject to the regular notification proce3 dures of the Committees on Appropriations: Provided fur4 ther, That no United States Armed Forces personnel or

5 United States civilian contractor employed by the United

6 States will participate in any combat operation in connec7 tion with assistance made available by this Act for Colom8 bia: Provided further, That of the funds appropriated

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

10 available for administrative expenses of the Department

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

12 in addition to amounts otherwise available for such pur13 poses, for administrative expenses of the United States

14 Agency for International Development.

15 MIGRATION AND REFUGEE ASSISTANCE

16 For expenses, not otherwise provided for, necessary

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

18 by law, a contribution to the International Committee of

19 the Red Cross, assistance to refugees, including contribu20 tions to the International Organization for Migration and

21 the United Nations High Commissioner for Refugees, and

22 other activities to meet refugee and migration needs; sala23 ries and expenses of personnel and dependents as author24 ized by the Foreign Service Act of 1980; allowances as

25 authorized by sections 5921 through 5925 of title 5,

26 United States Code; purchase and hire of passenger motor
35

•HR 4818 EH

1 vehicles; and services as authorized by section 3109 of title

2 5, United States Code, $756,000,000, which shall remain

3 available until expended: Provided, That not more than

4 $21,000,000 may be available for administrative expenses:

5 Provided further, That funds appropriated under this

6 heading may be made available for a headquarters con7 tribution to the International Committee of the Red Cross

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

9 to the appropriate committees of Congress) that the

10 Magen David Adom Society of Israel is not being denied

11 participation in the activities of the International Red

12 Cross and Red Crescent Movement.

13 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

14 ASSISTANCE FUND

15 For necessary expenses to carry out the provisions

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

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

18 $20,000,000, to remain available until expended.

19 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

20 RELATED PROGRAMS

21 For necessary expenses for nonproliferation, anti-ter22 rorism, demining and related programs and activities,

23 $382,000,000, to carry out the provisions of chapter 8 of

24 part II of the Foreign Assistance Act of 1961 for anti25 terrorism assistance, chapter 9 of part II of the Foreign

26 Assistance Act of 1961, section 504 of the FREEDOM
36

•HR 4818 EH

1 Support Act, section 23 of the Arms Export Control Act

2 or the Foreign Assistance Act of 1961 for demining activi3 ties, the clearance of unexploded ordnance, the destruction

4 of small arms, and related activities, notwithstanding any

5 other provision of law, including activities implemented

6 through nongovernmental and international organizations,

7 and section 301 of the Foreign Assistance Act of 1961

8 for a voluntary contribution to the International Atomic

9 Energy Agency (IAEA), and for a United States contribu10 tion to the Comprehensive Nuclear Test Ban Treaty Pre11 paratory Commission: Provided, That of this amount not

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

13 may be made available for the Nonproliferation and Disar14 mament Fund, notwithstanding any other provision of

15 law, to promote bilateral and multilateral activities relat16 ing to nonproliferation and disarmament: Provided further,

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

18 than the Independent States of the former Soviet Union

19 and international organizations when it is in the national

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

21 further, That funds appropriated under this heading may

22 be made available for the International Atomic Energy

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

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

25 its right to participate in the activities of that Agency:
37

•HR 4818 EH

1 Provided further, That of the funds made available for

2 demining and related activities, not to exceed $690,000,

3 in addition to funds otherwise available for such purposes,

4 may be used for administrative expenses related to the op5 eration and management of the demining program: Pro6 vided further, That funds appropriated under this heading

7 shall be made available for programs and countries in the

8 amounts contained in the table included in the report ac9 companying this Act: Provided further, That any proposed

10 increases or decreases to the amounts contained in such

11 table shall be subject to the regular notification procedures

12 of the Committees on Appropriations and section 634A

13 of the Foreign Assistance Act of 1961 and notifications

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

15 obligation of funds.

16 DEPARTMENT OF THE TREASURY

17 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

18 For necessary expenses to carry out the provisions

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

20 $19,000,000, to remain available until September 30,

21 2007, which shall be available notwithstanding any other

22 provision of law.

23 DEBT RESTRUCTURING

24 For the cost, as defined in section 502 of the Con25 gressional Budget Act of 1974, of modifying loans and

26 loan guarantees, as the President may determine, for
38

•HR 4818 EH

1 which funds have been appropriated or otherwise made

2 available for programs within the International Affairs

3 Budget Function 150, including the cost of selling, reduc4 ing, or canceling amounts owed to the United States as

5 a result of concessional loans made to eligible countries,

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

7 of 1961, and of modifying concessional credit agreements

8 with least developed countries, as authorized under section

9 411 of the Agricultural Trade Development and Assist10 ance Act of 1954, as amended, and concessional loans,

11 guarantees and credit agreements, as authorized under

12 section 572 of the Foreign Operations, Export Financing,

13 and Related Programs Appropriations Act, 1989 (Public

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

15 of loans or guarantees made pursuant to the Export-Im16 port Bank Act of 1945, by countries that are eligible for

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

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

19 $105,000,000, to remain available until September 30,

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

21 funds appropriated under this heading shall be made avail22 able to carry out the provisions of part V of the Foreign

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

24 $75,000,000 of the funds appropriated under this heading

25 may be used by the Secretary of the Treasury to pay to
39

•HR 4818 EH

1 the Heavily Indebted Poor Countries (HIPC) Trust Fund

2 administered by the International Bank for Reconstruc3 tion and Development amounts for the benefit of countries

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

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

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

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

8 reduction under the enhanced HIPC initiative by—

9 (1) the Inter-American Development Bank;

10 (2) the African Development Fund;

11 (3) the African Development Bank; and

12 (4) the Central American Bank for Economic

13 Integration:

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

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

16 of State has credible evidence that the government of such

17 country is engaged in a consistent pattern of gross viola18 tions of internationally recognized human rights or in mili19 tary or civil conflict that undermines its ability to develop

20 and implement measures to alleviate poverty and to devote

21 adequate human and financial resources to that end: Pro22 vided further, That on the basis of final appropriations,

23 the Secretary of the Treasury shall consult with the Com24 mittees on Appropriations concerning which countries and

25 international financial institutions are expected to benefit
40

•HR 4818 EH

1 from a United States contribution to the HIPC Trust

2 Fund during the fiscal year: Provided further, That the

3 Secretary of the Treasury shall inform the Committees on

4 Appropriations not less than 15 days in advance of the

5 signature of an agreement by the United States to make

6 payments to the HIPC Trust Fund of amounts for such

7 countries and institutions: Provided further, That the Sec8 retary of the Treasury may disburse funds designated for

9 debt reduction through the HIPC Trust Fund only for the

10 benefit of countries that—

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

12 not to accept new market-rate loans from the inter13 national financial institution receiving debt repay14 ment as a result of such disbursement, other than

15 loans made by such institutions to export-oriented

16 commercial projects that generate foreign exchange

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

18 and

19 (2) have documented and demonstrated their

20 commitment to redirect their budgetary resources

21 from international debt repayments to programs to

22 alleviate poverty and promote economic growth that

23 are additional to or expand upon those previously

24 available for such purposes:
41

•HR 4818 EH

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

2 section 411 of the Agricultural Trade Development and

3 Assistance Act of 1954 shall not apply to funds appro4 priated under this heading: Provided further, That none

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

6 any other appropriations Act shall be made available for

7 Sudan or Burma unless the Secretary of the Treasury de8 termines and notifies the Committees on Appropriations

9 that a democratically elected government has taken office:

10 Provided further, That none of the funds appropriated

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

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

13 an international financial institution between such coun14 try’s decision point and completion point: Provided further,

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

16 shall have the same meaning as defined by the Inter17 national Monetary Fund.

18 TITLE III—MILITARY ASSISTANCE

19 FUNDS APPROPRIATED TO THE PRESIDENT

20 INTERNATIONAL MILITARY EDUCATION AND TRAINING

21 For necessary expenses to carry out the provisions

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

23 $89,730,000, of which up to $3,000,000 may remain

24 available until expended: Provided, That the civilian per25 sonnel for whom military education and training may be
42

•HR 4818 EH

1 provided under this heading may include civilians who are

2 not members of a government whose participation would

3 contribute to improved civil-military relations, civilian con4 trol of the military, or respect for human rights: Provided

5 further, That funds appropriated under this heading for

6 military education and training for Guatemala may only

7 be available for expanded international military education

8 and training, and funds made available for Nigeria and

9 Guatemala may only be provided through the regular noti10 fication procedures of the Committees on Appropriations.

11 FOREIGN MILITARY FINANCING PROGRAM

12 (INCLUDING TRANSFER OF FUNDS)

13 For expenses necessary for grants to enable the

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

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

16 of the funds appropriated under this heading, not less

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

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

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

20 the funds appropriated by this paragraph for Israel shall

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

22 or by October 31, 2004, whichever is later: Provided fur23 ther, That to the extent that the Government of Israel re24 quests that funds be used for such purposes, grants made

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

26 Israel and the United States, be available for advanced
43

•HR 4818 EH

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

2 shall be available for the procurement in Israel of defense

3 articles and defense services, including research and devel4 opment: Provided further, That in addition to the funds

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

6 assistance for Pakistan may be derived by transfer from

7 unobligated balances of funds appropriated under the

8 headings ‘‘Economic Support Fund’’ and ‘‘Foreign Mili9 tary Financing Program’’ in prior appropriations Acts and

10 not otherwise designated in those Acts for a specific coun11 try, use, or purpose: Provided further, That funds appro12 priated or otherwise made available by this paragraph

13 shall be nonrepayable notwithstanding any requirement in

14 section 23 of the Arms Export Control Act: Provided fur15 ther, That funds made available under this paragraph

16 shall be obligated upon apportionment in accordance with

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

18 1501(a).

19 None of the funds made available under this heading

20 shall be available to finance the procurement of defense

21 articles, defense services, or design and construction serv22 ices that are not sold by the United States Government

23 under the Arms Export Control Act unless the foreign

24 country proposing to make such procurements has first

25 signed an agreement with the United States Government
44

•HR 4818 EH

1 specifying the conditions under which such procurements

2 may be financed with such funds: Provided, That all coun3 try and funding level increases in allocations shall be sub4 mitted through the regular notification procedures of sec5 tion 515 of this Act: Provided further, That none of the

6 funds appropriated under this heading shall be available

7 for assistance for Sudan, Indonesia and Guatemala: Pro8 vided further, That funds made available under this head9 ing may be used, notwithstanding any other provision of

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

11 and related activities, and may include activities imple12 mented through nongovernmental and international orga13 nizations: Provided further, That the authority contained

14 in the previous proviso or any other provision of law relat15 ing to the use of funds for programs under this heading,

16 including provisions contained in previously enacted ap17 propriations Acts, shall not apply to activities relating to

18 the clearance of unexploded ordnance resulting from

19 United States Armed Forces testing or training exercises:

20 Provided further, That the previous proviso shall not apply

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

22 That only those countries for which assistance was justi23 fied for the ‘‘Foreign Military Sales Financing Program’’

24 in the fiscal year 1989 congressional presentation for secu25 rity assistance programs may utilize funds made available
45

•HR 4818 EH

1 under this heading for procurement of defense articles, de2 fense services or design and construction services that are

3 not sold by the United States Government under the Arms

4 Export Control Act: Provided further, That funds appro5 priated under this heading shall be expended at the min6 imum rate necessary to make timely payment for defense

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

8 $40,500,000 of the funds appropriated under this heading

9 may be obligated for necessary expenses, including the

10 purchase of passenger motor vehicles for replacement only

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

12 of administering military assistance and sales: Provided

13 further, That not more than $367,000,000 of funds real14 ized pursuant to section 21(e)(1)(A) of the Arms Export

15 Control Act may be obligated for expenses incurred by the

16 Department of Defense during fiscal year 2005 pursuant

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

18 that this limitation may be exceeded only through the reg19 ular notification procedures of the Committees on Appro20 priations: Provided further, That foreign military financing

21 program funds estimated to be outlayed for Egypt during

22 fiscal year 2005 shall be transferred to an interest bearing

23 account for Egypt in the Federal Reserve Bank of New

24 York within 30 days of enactment of this Act or by Octo25 ber 31, 2004, whichever is later.
46

•HR 4818 EH

1 PEACEKEEPING OPERATIONS

2 For necessary expenses to carry out the provisions

3 of section 551 of the Foreign Assistance Act of 1961,

4 $104,000,000: Provided, That none of the funds appro5 priated under this heading shall be obligated or expended

6 except as provided through the regular notification proce7 dures of the Committees on Appropriations.

8 TITLE IV—MULTILATERAL ECONOMIC

9 ASSISTANCE

10 FUNDS APPROPRIATED TO THE PRESIDENT

11 INTERNATIONAL FINANCIAL INSTITUTIONS

12 GLOBAL ENVIRONMENT FACILITY

13 For the United States contribution for the Global En14 vironment Facility, $107,500,000 to the International

15 Bank for Reconstruction and Development as trustee for

16 the Global Environment Facility, by the Secretary of the

17 Treasury, to remain available until expended.

18 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

19 ASSOCIATION

20 For payment to the International Development Asso21 ciation by the Secretary of the Treasury, $850,000,000,

22 to remain available until expended.

23 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

24 MULTILATERAL INVESTMENT FUND

25 For payment to the Enterprise for the Americas Mul26 tilateral Investment Fund by the Secretary of the Treas-
47

•HR 4818 EH

1 ury, for the United States contribution to the fund,

2 $25,000,000, to remain available until expended.

3 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

4 For the United States contribution by the Secretary

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

6 Development Fund, as authorized by the Asian Develop7 ment Bank Act, as amended, $112,212,465, to remain

8 available until expended.

9 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

10 For payment to the African Development Bank by

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

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

13 remain available until expended.

14 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

15 The United States Governor of the African Develop16 ment Bank may subscribe without fiscal year limitation

17 for the callable capital portion of the United States share

18 of such capital stock in an amount not to exceed

19 $79,532,933.

20 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

21 For the United States contribution by the Secretary

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

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

24 until expended.
48

•HR 4818 EH

1 CONTRIBUTION TO THE EUROPEAN BANK FOR

2 RECONSTRUCTION AND DEVELOPMENT

3 For payment to the European Bank for Reconstruc4 tion and Development by the Secretary of the Treasury,

5 $35,431,111 for the United States share of the paid-in

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

7 until expended: Provided, That funds appropriated under

8 this heading shall be subject to the regular notification

9 procedures of the Committees on Appropriations and shall

10 be transmitted at least 15 days in advance of the obliga11 tion of funds.

12 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

13 The United States Governor of the European Bank

14 for Reconstruction and Development may subscribe with15 out fiscal year limitation to the callable capital portion of

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

17 not to exceed $121,996,662.

18 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

19 AGRICULTURAL DEVELOPMENT

20 For the United States contribution by the Secretary

21 of the Treasury to increase the resources of the Inter22 national Fund for Agricultural Development,

23 $15,000,000, to remain available until expended.

24 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

25 For necessary expenses to carry out the provisions

26 of section 301 of the Foreign Assistance Act of 1961, and
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1 of section 2 of the United Nations Environment Program

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

3 none of the funds appropriated under this heading may

4 be made available to the International Atomic Energy

5 Agency (IAEA).

6 TITLE V—GENERAL PROVISIONS

7 COMPENSATION FOR UNITED STATES EXECUTIVE

8 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

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

10 be made as payment to any international financial institu11 tion while the United States Executive Director to such

12 institution is compensated by the institution at a rate

13 which, together with whatever compensation such Director

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

15 provided for an individual occupying a position at level IV

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

17 United States Code, or while any alternate United States

18 Director to such institution is compensated by the institu19 tion at a rate in excess of the rate provided for an indi20 vidual occupying a position at level V of the Executive

21 Schedule under section 5316 of title 5, United States

22 Code.

23 (b) For purposes of this section, ‘‘international finan24 cial institutions’’ are: the International Bank for Recon25 struction and Development, the Inter-American Develop-
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1 ment Bank, the Asian Development Bank, the Asian De2 velopment Fund, the African Development Bank, the Afri3 can Development Fund, the International Monetary Fund,

4 the North American Development Bank, and the Euro5 pean Bank for Reconstruction and Development.

6 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO

7 UNITED NATIONS AGENCIES

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

9 may be made available to pay any voluntary contribution

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

11 United Nations Development Program) if the United Na12 tions implements or imposes any taxation on any United

13 States persons.

14 LIMITATION ON RESIDENCE EXPENSES

15 SEC. 503. Of the funds appropriated or made avail16 able pursuant to this Act, not to exceed $100,500 shall

17 be for official residence expenses of the United States

18 Agency for International Development during the current

19 fiscal year: Provided, That appropriate steps shall be

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

21 United States-owned foreign currencies are utilized in lieu

22 of dollars.

23 LIMITATION ON EXPENSES

24 SEC. 504. Of the funds appropriated or made avail25 able pursuant to this Act, not to exceed $5,000 shall be

26 for entertainment expenses of the United States Agency
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1 for International Development during the current fiscal

2 year.

3 LIMITATION ON REPRESENTATIONAL ALLOWANCES

4 SEC. 505. Of the funds appropriated or made avail5 able pursuant to this Act, not to exceed $125,000 shall

6 be available for representation allowances for the United

7 States Agency for International Development during the

8 current fiscal year: Provided, That appropriate steps shall

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

10 United States-owned foreign currencies are utilized in lieu

11 of dollars: Provided further, That of the funds made avail12 able by this Act for general costs of administering military

13 assistance and sales under the heading ‘‘Foreign Military

14 Financing Program’’, not to exceed $4,000 shall be avail15 able for entertainment expenses and not to exceed

16 $130,000 shall be available for representation allowances:

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

18 Act under the heading ‘‘International Military Education

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

20 for entertainment allowances: Provided further, That of

21 the funds made available by this Act for the Inter-Amer22 ican Foundation, not to exceed $2,000 shall be available

23 for entertainment and representation allowances: Provided

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

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

26 available for entertainment expenses: Provided further,
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•HR 4818 EH

1 That of the funds made available by this Act under the

2 heading ‘‘Trade and Development Agency’’, not to exceed

3 $4,000 shall be available for representation and entertain4 ment allowances: Provided further, That of the funds made

5 available by this Act under the heading ‘‘Millennium Chal6 lenge Corporation’’, not to exceed $130,000 shall be avail7 able for representation and entertainment allowances.

8 PROHIBITION ON TAXATION OF UNITED STATES

9 ASSISTANCE

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

11 the funds appropriated by this Act may be made available

12 to provide assistance for a foreign country under a new

13 bilateral agreement governing the terms and conditions

14 under which such assistance is to be provided unless such

15 agreement includes a provision stating that assistance pro16 vided by the United States shall be exempt from taxation,

17 or reimbursed, by the foreign government, and the Sec18 retary of State shall expeditiously seek to negotiate

19 amendments to existing bilateral agreements, as nec20 essary, to conform with this requirement.

21 (b) REIMBURSEMENT OF FOREIGN TAXES.—An

22 amount equivalent to 200 percent of the total taxes as23 sessed during fiscal year 2005 on funds appropriated by

24 this Act by a foreign government or entity against com25 modities financed under United States assistance pro26 grams for which funds are appropriated by this Act, either
53

•HR 4818 EH

1 directly or through grantees, contractors and subcontrac2 tors shall be withheld from obligation from funds appro3 priated for assistance for fiscal year 2006 and allocated

4 for the central government of such country and for the

5 West Bank and Gaza Program to the extent that the Sec6 retary of State certifies and reports in writing to the Com7 mittees on Appropriations that such taxes have not been

8 reimbursed to the Government of the United States.

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

10 minimis nature shall not be subject to the provisions of

11 subsection (b).

12 (d) REPROGRAMMING OF FUNDS.—Funds withheld

13 from obligation for each country or entity pursuant to sub14 section (b) shall be reprogrammed for assistance to coun15 tries which do not assess taxes on United States assistance

16 or which have an effective arrangement that is providing

17 substantial reimbursement of such taxes.

18 (e) DETERMINATIONS.—

19 (1) The provisions of this section shall not

20 apply to any country or entity the Secretary of State

21 determines—

22 (A) does not assess taxes on United States

23 assistance or which has an effective arrange24 ment that is providing substantial reimburse25 ment of such taxes; or
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1 (B) the foreign policy interests of the

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

4 not subject to taxation.

5 (2) The Secretary of State shall consult with

6 the Committees on Appropriations at least 15 days

7 prior to exercising the authority of this subsection

8 with regard to any country or entity.

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

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

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

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

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

15 value added taxes and customs duties imposed on

16 commodities financed with United States assistance

17 for programs for which funds are appropriated by

18 this Act; and

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

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

22 the country receiving assistance that describes the

23 privileges and immunities applicable to United

24 States foreign assistance for such country generally,

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

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

5 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

6 COUNTRIES

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

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

12 on obligations or expenditures shall include direct loans,

13 credits, insurance and guarantees of the Export-Import

14 Bank or its agents.

15 MILITARY COUPS

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

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

21 assistance may be resumed to such government if the

22 President determines and certifies to the Committees on

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

26 shall not apply to assistance to promote democratic elec-
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•HR 4818 EH

1 tions or public participation in democratic processes: Pro2 vided further, That funds made available pursuant to the

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

5 TRANSFERS

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

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

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

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

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

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

14 funds appropriated by this Act to carry out the purposes

15 of the Foreign Assistance Act of 1961 may be allocated

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

18 632 of the Foreign Assistance Act of 1961.

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

20 funds made available by this Act may be obligated under

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

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

24 to the exercise of any authority contained in the Foreign

25 Assistance Act of 1961 to transfer funds, consults with

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

2 and the Senate.

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

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

6 the United States Agency for International Development

7 and another agency of the United States Government

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

10 shall expressly provide that the Office of the Inspector

11 General for the agency receiving the transfer or allocation

12 of such funds shall perform periodic program and financial

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

14 transferred under such authority may be made available

15 for the cost of such audits.

16 COMMERCIAL LEASING OF DEFENSE ARTICLES

17 SEC. 510. Notwithstanding any other provision of

18 law, and subject to the regular notification procedures of

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

21 to provide financing to Israel, Egypt and NATO and

22 major non-NATO allies for the procurement by leasing

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

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

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

3 defense articles being provided by commercial lease rather

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

5 AVAILABILITY OF FUNDS

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

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

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

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

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

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

15 remain available for an additional four years from the date

16 on which the availability of such funds would otherwise

17 have expired, if such funds are initially obligated before

18 the expiration of their respective periods of availability

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

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

23 which are allocated or obligated for cash disbursements

24 in order to address balance of payments or economic policy

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

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

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

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

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

7 government of such country by the United States pursuant

8 to a program for which funds are appropriated under this

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

12 United States.

13 COMMERCE AND TRADE

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

15 made available pursuant to this Act for direct assistance

16 and none of the funds otherwise made available pursuant

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

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

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

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

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

25 assistance will cause substantial injury to United States

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

4 United States are likely to outweigh the injury to United

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

7 Committees on Appropriations.

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

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

10 Assistance Act of 1961 shall be available for any testing

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

13 in connection with the growth or production in a foreign

14 country of an agricultural commodity for export which

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

17 shall not prohibit—

18 (1) activities designed to increase food security

19 in developing countries where such activities will not

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

22 (2) research activities intended primarily to

23 benefit American producers.

24 SURPLUS COMMODITIES

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

2 International Development Association, the International

3 Finance Corporation, the Inter-American Development

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

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

10 oppose any assistance by these institutions, using funds

11 appropriated or made available pursuant to this Act, for

12 the production or extraction of any commodity or mineral

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

14 assistance will cause substantial injury to United States

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

16 NOTIFICATION REQUIREMENTS

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

18 branch with the necessary administrative flexibility, none

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

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

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

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

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

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

5 Agency for International Development Office of Inspector

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

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

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

11 shall be available for obligation for activities, programs,

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

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

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

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

18 President shall not enter into any commitment of funds

19 appropriated for the purposes of section 23 of the Arms

20 Export Control Act for the provision of major defense

21 equipment, other than conventional ammunition, or other

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

23 or combat vehicles, not previously justified to Congress or

24 20 percent in excess of the quantities justified to Congress

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

2 That this section shall not apply to any reprogramming

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

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

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

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

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

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

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

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

15 appropriate congressional committees, shall be provided as

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

17 taking the action to which such notification requirement

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

21 explanation of the emergency circumstances.

22 LIMITATION ON AVAILABILITY OF FUNDS FOR

23 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

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

3 available for organizations and programs because of the

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

6 until September 30, 2006.

7 INDEPENDENT STATES OF THE FORMER SOVIET UNION

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

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

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

12 former Soviet Union—

13 (1) unless that government is making progress

14 in implementing comprehensive economic reforms

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

18 (2) if that government applies or transfers

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

21 of assets, investments, or ventures.

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

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

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

4 government of an Independent State of the former Soviet

5 Union if that government directs any action in violation

6 of the territorial integrity or national sovereignty of any

7 other Independent State of the former Soviet Union, such

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

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

12 of the United States.

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

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

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

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

22 and Ukraine shall be subject to the regular notification

23 procedures of the Committees on Appropriations.

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

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

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

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

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

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

10 of their primary purposes the fostering of private sector

11 development, the Coordinator for United States Assistance

12 to Europe and Eurasia and the implementing agency shall

13 encourage the participation of and give significant weight

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

17 and activities.

18 PROHIBITION ON FUNDING FOR ABORTIONS AND

19 INVOLUNTARY STERILIZATION

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

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

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

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

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

2 of family planning or to coerce or provide any financial

3 incentive to any person to undergo sterilizations. None of

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

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

6 for any biomedical research which relates in whole or in

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

8 involuntary sterilization as a means of family planning.

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

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

11 obligated or expended for any country or organization if

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

13 such country or organization would violate any of the

14 above provisions related to abortions and involuntary steri15 lizations.

16 EXPORT FINANCING TRANSFER AUTHORITIES

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

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

20 Act may be transferred between such appropriations for

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

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

23 but no such appropriation, except as otherwise specifically

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

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

3 SPECIAL NOTIFICATION REQUIREMENTS

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

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

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

8 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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

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

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

14 Economic Support Fund and Foreign Military Financing

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

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

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

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

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

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

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

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

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

3 available by this Act for assistance under the heading

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

5 used to reimburse United States Government agencies,

6 agencies of State governments, institutions of higher

7 learning, and private and voluntary organizations for the

8 full cost of individuals (including for the personal services

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

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

11 International Development for the purpose of carrying out

12 activities under that heading: Provided, That up to

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

14 assistance under the heading ‘‘Development Assistance’’

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

16 organizations for such costs of such individuals carrying

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

19 Act that are made available for bilateral assistance for

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

23 notwithstanding any other provision of law except for the

24 provisions under the heading ‘‘Child Survival and Health

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

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

3 AFGHANISTAN

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

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

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

8 the funds allocated for assistance for Afghanistan from

9 this Act and other Acts making appropriations for foreign

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

12 Afghan women and girls.

13 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

14 SEC. 524. Prior to providing excess Department of

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

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

18 same extent and under the same conditions as are other

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

21 defense articles under the Arms Export Control Act, the

22 Department of Defense shall notify the Committees on

23 Appropriations in accordance with the regular notification

24 procedures of such Committees if such defense articles are

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

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

2 notification is required elsewhere in this Act for the use

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

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

7 THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS AND

8 MALARIA

9 SEC. 525. Notwithstanding any other provision of

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

11 Act that are made available to support the Global Fund

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

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

16 (1) the Global Fund is making concerted efforts

17 to—

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

20 Global Fund Board regarding, among other

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

23 implementation, monitoring and evaluation of

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

3 AIDS, in-country coordinating mechanisms; and

4 (C) establish procedures to assess the need

5 for, and coordinate, technical assistance for

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

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

10 the release of incremental disbursements;

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

14 and

15 (4) the Global Fund is providing an appropriate

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

19 them to fulfill their mandates.

20 DEMOCRACY PROGRAMS

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

24 the United States to support projects in Tibet if such

25 projects do not provide incentives for the migration and

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

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

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

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

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

9 be made available to nongovernmental organizations to

10 support activities which preserve cultural traditions and

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

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

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

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

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

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

23 used for the Reagan/Fascell Democracy Fellows program.

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

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

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

4 and Syria to support the advancement of democracy and

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

6 provided through the National Endowment for Democ7 racy.

8 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

9 COUNTRIES

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

14 available to any country which the President determines—

15 (1) grants sanctuary from prosecution to any

16 individual or group which has committed an act of

17 international terrorism; or

18 (2) otherwise supports international terrorism.

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

21 national security or humanitarian reasons justify such

22 waiver. The President shall publish each waiver in the

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

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

2 of the Committees on Appropriations.

3 DEBT-FOR-DEVELOPMENT

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

8 the United States Agency for International Development

9 may place in interest bearing accounts local currencies

10 which accrue to that organization as a result of economic

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

12 to the regular notification procedures of the Committees

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

16 SEPARATE ACCOUNTS

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

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

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

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

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

25 (A) require that local currencies be deposited in

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

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

4 generated; and

5 (ii) the terms and conditions under which

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

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

12 disbursements from the separate account.

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

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

16 an equivalent amount of local currencies, shall be used

17 only—

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

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

20 purposes as—

21 (i) project and sector assistance activities;

22 or

23 (ii) debt and deficit financing; or

24 (B) for the administrative requirements of the

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

2 States Agency for International Development shall take all

3 necessary steps to ensure that the equivalent of the local

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

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

8 (4) TERMINATION OF ASSISTANCE PROGRAMS.—

9 Upon termination of assistance to a country under chapter

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

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

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

15 United States Government.

16 (5) REPORTING REQUIREMENT.—The Administrator

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

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

23 include the amount of local currency (and United States

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

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

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

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

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

7 funds in a separate account and not commingle them with

8 any other funds.

9 (2) APPLICABILITY OF OTHER PROVISIONS OF

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

12 the nature of this assistance including provisions which

13 are referenced in the Joint Explanatory Statement of the

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

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

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

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

22 with a discussion of the United States interests that will

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

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

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

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

5 ENTERPRISE FUND RESTRICTIONS

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

7 resulting from any liquidation, dissolution, or winding up

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

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

11 Committees on Appropriations, a plan for the distribution

12 of the assets of the Enterprise Fund.

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

14 Funds shall be expended at the minimum rate necessary

15 to make timely payment for projects and activities.

16 SUDAN

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

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

19 available for assistance for Sudan.

20 (b) Subject to section (c):

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

22 International Malaria Control Act of 2000 (Public

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

24 of the funds appropriated by this Act may be made

25 available for assistance for the Government of

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

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

3 section 502, of the Congressional Budget Act of

4 1974, of modifying loans and loan guarantees held

5 by the Government of Sudan, including the cost of

6 selling, reducing, or canceling amounts owed to the

7 United States, and modifying concessional loans,

8 guarantees, and credit agreements.

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

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

12 (1) the Government of Sudan has disarmed and

13 disbanded government-supported militia groups in

14 the Darfur region;

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

17 commitments made in the cease-fire agreement of

18 April 8, 2004; and

19 (3) the Government of Sudan is allowing full

20 and unconditional access to Darfur to humanitarian

21 aid organizations, the human rights investigation

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

24 monitoring team that is based in Darfur and that

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

2 shall not apply to—

3 (1) humanitarian assistance; and

4 (2) assistance for Darfur and for areas outside

5 the control of the Government of Sudan.

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

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

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

11 and application as was the case immediately prior to the

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

13 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

14 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

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

16 provisions of this or any other Act, including provisions

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

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

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

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

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

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

3 may be obligated or expended to provide—

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

6 purpose of inducing such an enterprise to relocate

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

10 because United States production is being replaced

11 by such enterprise outside the United States; or

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

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

16 recipient country, including any designated zone or

17 area in that country: Provided, That the application

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

19 commensurate with the level of development of the

20 recipient country and sector, and shall not preclude

21 assistance for the informal sector in such country,

22 micro and small-scale enterprise, and smallholder

23 agriculture.

24 SPECIAL AUTHORITIES

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

2 that are made available for assistance for Afghanistan

3 may be made available notwithstanding section 512 of this

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

5 Foreign Assistance Act of 1961, and funds appropriated

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

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

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

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

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

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

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

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

17 of 1961 may be used, notwithstanding any other provision

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

19 biodiversity conservation activities and energy programs

20 aimed at reducing greenhouse gas emissions: Provided,

21 That such assistance shall be subject to sections 116,

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

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

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

2 Development and Assistance Act of 1954, may be used

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

5 the United States, notwithstanding any other provision of

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

7 for new or expanded overseas programs and activities

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

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

15 Office of Food for Peace.

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

19 of the House of Representatives and the President pro

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

21 security interests of the United States.

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

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

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

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

5 opportunity process for placing task orders under such

6 contracts when the order is placed with any category of

7 small or small disadvantaged business.

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

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

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

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

16 (g) NATIONAL ENDOWMENT FOR DEMOCRACY.—

17 Funds appropriated by this Act that are provided to the

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

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

21 by the Bureau for Democracy, Conflict, and Humanitarian

22 Assistance of the United States Agency for International

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

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

2 other provision of law.

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

4 57, as amended, is further amended—

5 (1) in section 1(b)—

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

7 inserting ‘‘2005’’; and

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

9 and inserting ‘‘2005’’;

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

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

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

14 ARAB LEAGUE BOYCOTT OF ISRAEL

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

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

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

19 in the region and to United States investment and

20 trade in the Middle East and North Africa;

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

23 publicly terminated, and the Central Office for the

24 Boycott of Israel immediately disbanded;

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

2 downgrading their relations with Israel, and should

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

5 (4) the remaining Arab League states should

6 normalize relations with their neighbor Israel;

7 (5) the President and the Secretary of State

8 should continue to vigorously oppose the Arab

9 League boycott of Israel and find concrete steps to

10 demonstrate that opposition by, for example, taking

11 into consideration the participation of any recipient

12 country in the boycott when determining to sell

13 weapons to said country; and

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

16 States to encourage Arab League states to normalize

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

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

23 ELIGIBILITY FOR ASSISTANCE

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

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

2 programs of nongovernmental organizations from funds

3 appropriated by this Act to carry out the provisions of

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

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

6 funds appropriated under the heading ‘‘Assistance for

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

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

11 Appropriations under the regular notification procedures

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

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

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

18 other Act.

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

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

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

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

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

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

6 Assistance Act of 1961 or any comparable provision

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

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

10 Assistance Act of 1961 or any comparable provision

11 of law prohibiting assistance to the government of a

12 country that violates internationally recognized

13 human rights.

14 RESERVATIONS OF FUNDS

15 SEC. 537. (a) Funds appropriated by this Act which

16 are earmarked may be reprogrammed for other programs

17 within the same account notwithstanding the earmark if

18 compliance with the earmark is made impossible by oper19 ation of any provision of this or any other Act: Provided,

20 That any such reprogramming shall be subject to the reg21 ular notification procedures of the Committees on Appro22 priations: Provided further, That assistance that is repro23 grammed pursuant to this subsection shall be made avail24 able under the same terms and conditions as originally

25 provided.
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1 (b) In addition to the authority contained in sub2 section (a), the original period of availability of funds ap3 propriated by this Act and administered by the United

4 States Agency for International Development that are ear5 marked for particular programs or activities by this or any

6 other Act shall be extended for an additional fiscal year

7 if the Administrator of such agency determines and re8 ports promptly to the Committees on Appropriations that

9 the termination of assistance to a country or a significant

10 change in circumstances makes it unlikely that such ear11 marked funds can be obligated during the original period

12 of availability: Provided, That such earmarked funds that

13 are continued available for an additional fiscal year shall

14 be obligated only for the purpose of such earmark.

15 CEILINGS AND EARMARKS

16 SEC. 538. Ceilings and earmarks contained in this

17 Act shall not be applicable to funds or authorities appro18 priated or otherwise made available by any subsequent Act

19 unless such Act specifically so directs. Earmarks or min20 imum funding requirements contained in any other Act

21 shall not be applicable to funds appropriated by this Act.

22 PROHIBITION ON PUBLICITY OR PROPAGANDA

23 SEC. 539. No part of any appropriation contained in

24 this Act shall be used for publicity or propaganda purposes

25 within the United States not authorized before the date

26 of the enactment of this Act by the Congress: Provided,
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1 That not to exceed $750,000 may be made available to

2 carry out the provisions of section 316 of Public Law 96–

3 533.

4 PROHIBITION OF PAYMENTS TO UNITED NATIONS

5 MEMBERS

6 SEC. 540. None of the funds appropriated or made

7 available pursuant to this Act for carrying out the Foreign

8 Assistance Act of 1961, may be used to pay in whole or

9 in part any assessments, arrearages, or dues of any mem10 ber of the United Nations or, from funds appropriated by

11 this Act to carry out chapter 1 of part I of the Foreign

12 Assistance Act of 1961, the costs for participation of an13 other country’s delegation at international conferences

14 held under the auspices of multilateral or international or15 ganizations.

16 NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION

17 SEC. 541. None of the funds appropriated or made

18 available pursuant to this Act shall be available to a non19 governmental organization which fails to provide upon

20 timely request any document, file, or record necessary to

21 the auditing requirements of the United States Agency for

22 International Development.
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1 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN2 MENTS THAT EXPORT LETHAL MILITARY EQUIP3 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

4 TERRORISM

5 SEC. 542. (a) None of the funds appropriated or oth6 erwise made available by this Act may be available to any

7 foreign government which provides lethal military equip8 ment to a country the government of which the Secretary

9 of State has determined is a terrorist government for pur10 poses of section 6(j) of the Export Administration Act.

11 The prohibition under this section with respect to a for12 eign government shall terminate 12 months after that gov13 ernment ceases to provide such military equipment. This

14 section applies with respect to lethal military equipment

15 provided under a contract entered into after October 1,

16 1997.

17 (b) Assistance restricted by subsection (a) or any

18 other similar provision of law, may be furnished if the

19 President determines that furnishing such assistance is

20 important to the national interests of the United States.

21 (c) Whenever the waiver authority of subsection (b)

22 is exercised, the President shall submit to the appropriate

23 congressional committees a report with respect to the fur24 nishing of such assistance. Any such report shall include

25 a detailed explanation of the assistance to be provided, in-
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1 cluding the estimated dollar amount of such assistance,

2 and an explanation of how the assistance furthers United

3 States national interests.

4 WITHHOLDING OF ASSISTANCE FOR PARKING FINES

5 OWED BY FOREIGN COUNTRIES

6 SEC. 543. (a) Subject to subsection (c), of the funds

7 appropriated by this Act that are made available for as8 sistance for a foreign country, an amount equal to 110

9 percent of the total amount of the unpaid fully adjudicated

10 parking fines and penalties owed by such country shall be

11 withheld from obligation for such country until the Sec12 retary of State submits a certification to the appropriate

13 congressional committees stating that such parking fines

14 and penalties are fully paid.

15 (b) Funds withheld from obligation pursuant to sub16 section (a) may be made available for other programs or

17 activities funded by this Act, after consultation with and

18 subject to the regulation notification procedures of the ap19 propriate congressional committees, provided that no such

20 funds shall be made available for assistance to the central

21 government of a foreign country that has not paid the

22 total amount of the fully adjudicated parking fines and

23 penalties owed by such country.

24 (c) Subsection (a) shall not include amounts that

25 have been withheld under any other provision of law.
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1 (d) The Secretary of State may waive the require2 ments set forth in subsection (a) no sooner than 60 days

3 from the date of enactment of this Act, or at any time

4 with respect to a particular country, if the Secretary deter5 mines that it is in the national interests of the United

6 States to do so.

7 (e) Not later than 6 months after the initial exercise

8 of the waiver authority in subsection (d), the Secretary

9 of State, after consultations with the City of New York,

10 shall submit a report to the Committees on Appropriations

11 describing a strategy, including a timetable and steps cur12 rently being taken, to collect the parking fines and pen13 alties owed by nations receiving foreign assistance under

14 this Act.

15 (f) In this section:

16 (1) The term ‘‘appropriate congressional com17 mittees’’ means the Committee on Appropriations of

18 the Senate and the Committee on Appropriations of

19 the House of Representatives.

20 (2) The term ‘‘fully adjudicated’’ includes cir21 cumstances in which the person to whom the vehicle

22 is registered—

23 (A)(i) has not responded to the parking

24 violation summons; or
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1 (ii) has not followed the appropriate adju2 dication procedure to challenge the summons;

3 and

4 (B) the period of time for payment of or

5 challenge to the summons has lapsed.

6 (3) The term ‘‘parking fines and penalties’’

7 means parking fines and penalties—

8 (A) owed to—

9 (i) the District of Columbia; or

10 (ii) New York, New York; and

11 (B) incurred during the period April 1,

12 1997 through September 30, 2004.

13 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE

14 WEST BANK AND GAZA

15 SEC. 544. None of the funds appropriated by this Act

16 may be obligated for assistance for the Palestine Libera17 tion Organization for the West Bank and Gaza unless the

18 President has exercised the authority under section 604(a)

19 of the Middle East Peace Facilitation Act of 1995 (title

20 VI of Public Law 104–107) or any other legislation to sus21 pend or make inapplicable section 307 of the Foreign As22 sistance Act of 1961 and that suspension is still in effect:

23 Provided, That if the President fails to make the certifi24 cation under section 604(b)(2) of the Middle East Peace

25 Facilitation Act of 1995 or to suspend the prohibition

26 under other legislation, funds appropriated by this Act
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1 may not be obligated for assistance for the Palestine Lib2 eration Organization for the West Bank and Gaza.

3 WAR CRIMES TRIBUNALS DRAWDOWN

4 SEC. 545. If the President determines that doing so

5 will contribute to a just resolution of charges regarding

6 genocide or other violations of international humanitarian

7 law, the President may direct a drawdown pursuant to sec8 tion 552(c) of the Foreign Assistance Act of 1961 of up

9 to $30,000,000 of commodities and services for the United

10 Nations War Crimes Tribunal established with regard to

11 the former Yugoslavia by the United Nations Security

12 Council or such other tribunals or commissions as the

13 Council may establish or authorize to deal with such viola14 tions, without regard to the ceiling limitation contained

15 in paragraph (2) thereof: Provided, That the determina16 tion required under this section shall be in lieu of any de17 terminations otherwise required under section 552(c): Pro18 vided further, That the drawdown made under this section

19 for any tribunal shall not be construed as an endorsement

20 or precedent for the establishment of any standing or per21 manent international criminal tribunal or court: Provided

22 further, That funds made available for tribunals other

23 than Yugoslavia, Rwanda, or the Special Court for Sierra

24 Leone shall be made available subject to the regular notifi25 cation procedures of the Committees on Appropriations.
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1 LANDMINES

2 SEC. 546. Notwithstanding any other provision of

3 law, demining equipment available to the United States

4 Agency for International Development and the Depart5 ment of State and used in support of the clearance of

6 landmines and unexploded ordnance for humanitarian

7 purposes may be disposed of on a grant basis in foreign

8 countries, subject to such terms and conditions as the

9 President may prescribe.

10 RESTRICTIONS CONCERNING THE PALESTINIAN

11 AUTHORITY

12 SEC. 547. None of the funds appropriated by this Act

13 may be obligated or expended to create in any part of Je14 rusalem a new office of any department or agency of the

15 United States Government for the purpose of conducting

16 official United States Government business with the Pal17 estinian Authority over Gaza and Jericho or any successor

18 Palestinian governing entity provided for in the Israel19 PLO Declaration of Principles: Provided, That this re20 striction shall not apply to the acquisition of additional

21 space for the existing Consulate General in Jerusalem:

22 Provided further, That meetings between officers and em23 ployees of the United States and officials of the Pales24 tinian Authority, or any successor Palestinian governing

25 entity provided for in the Israel-PLO Declaration of Prin26 ciples, for the purpose of conducting official United States
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1 Government business with such authority should continue

2 to take place in locations other than Jerusalem. As has

3 been true in the past, officers and employees of the United

4 States Government may continue to meet in Jerusalem on

5 other subjects with Palestinians (including those who now

6 occupy positions in the Palestinian Authority), have social

7 contacts, and have incidental discussions.

8 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

9 SEC. 548. None of the funds appropriated or other10 wise made available by this Act under the heading ‘‘Inter11 national Military Education and Training’’ or ‘‘Foreign

12 Military Financing Program’’ for Informational Program

13 activities or under the headings ‘‘Child Survival and

14 Health Programs Fund’’, ‘‘Development Assistance’’, and

15 ‘‘Economic Support Fund’’ may be obligated or expended

16 to pay for—

17 (1) alcoholic beverages; or

18 (2) entertainment expenses for activities that

19 are substantially of a recreational character, includ20 ing but not limited to entrance fees at sporting

21 events, theatrical and musical productions, and

22 amusement parks.

23 HAITI

24 SEC. 549. The Government of Haiti shall be eligible

25 to purchase defense articles and services under the Arms
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1 Export Control Act (22 U.S.C. 2751 et seq.), for the Coast

2 Guard.

3 LIMITATION ON ASSISTANCE TO THE PALESTINIAN

4 AUTHORITY

5 SEC. 550. (a) PROHIBITION OF FUNDS.—None of the

6 funds appropriated by this Act to carry out the provisions

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

8 1961 may be obligated or expended with respect to pro9 viding funds to the Palestinian Authority.

10 (b) WAIVER.—The prohibition included in subsection

11 (a) shall not apply if the President certifies in writing to

12 the Speaker of the House of Representatives and the

13 President pro tempore of the Senate that waiving such

14 prohibition is important to the national security interests

15 of the United States.

16 (c) PERIOD OF APPLICATION OF WAIVER.—Any

17 waiver pursuant to subsection (b) shall be effective for no

18 more than a period of 6 months at a time and shall not

19 apply beyond 12 months after the enactment of this Act.

20 (d) REPORT.—Whenever the waiver authority pursu21 ant to subsection (b) is exercised, the President shall sub22 mit a report to the Committees on Appropriations detail23 ing the steps the Palestinian Authority has taken to arrest

24 terrorists, confiscate weapons and dismantle the terrorist

25 infrastructure. The report shall also include a description
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1 of how funds will be spent and the accounting procedures

2 in place to ensure that they are properly disbursed.

3 LIMITATION ON ASSISTANCE TO SECURITY FORCES

4 SEC. 551. None of the funds made available by this

5 Act may be provided to any unit of the security forces

6 of a foreign country if the Secretary of State has credible

7 evidence that such unit has committed gross violations of

8 human rights, unless the Secretary determines and reports

9 to the Committees on Appropriations that the government

10 of such country is taking effective measures to bring the

11 responsible members of the security forces unit to justice:

12 Provided, That nothing in this section shall be construed

13 to withhold funds made available by this Act from any

14 unit of the security forces of a foreign country not credibly

15 alleged to be involved in gross violations of human rights:

16 Provided further, That in the event that funds are withheld

17 from any unit pursuant to this section, the Secretary of

18 State shall promptly inform the foreign government of the

19 basis for such action and shall, to the maximum extent

20 practicable, assist the foreign government in taking effec21 tive measures to bring the responsible members of the se22 curity forces to justice.

23 FOREIGN MILITARY TRAINING REPORT

24 SEC. 552. The annual foreign military training report

25 required by section 656 of the Foreign Assistance Act of

26 1961 shall be submitted by the Secretary of Defense and
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1 the Secretary of State to the Committees on Appropria2 tions of the House of Representatives and the Senate by

3 the date specified in that section.

4 AUTHORIZATION REQUIREMENT

5 SEC. 553. Funds appropriated by this Act, except

6 funds appropriated under the headings ‘‘Trade and Devel7 opment Agency’’, ‘‘Millennium Challenge Corporation’’,

8 and ‘‘Global HIV/AIDS Initiative’’, may be obligated and

9 expended notwithstanding section 10 of Public Law 91–

10 672 and section 15 of the State Department Basic Au11 thorities Act of 1956.

12 CAMBODIA

13 SEC. 554. The Secretary of the Treasury should in14 struct the United States executive directors of the inter15 national financial institutions to use the voice and vote

16 of the United States to oppose loans to the Central Gov17 ernment of Cambodia, except loans to meet basic human

18 needs.

19 PALESTINIAN STATEHOOD

20 SEC. 555. (a) LIMITATION ON ASSISTANCE.—None

21 of the funds appropriated by this Act may be provided

22 to support a Palestinian state unless the Secretary of

23 State determines and certifies to the appropriate congres24 sional committees that—
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1 (1) a new leadership of a Palestinian governing

2 entity has been democratically elected through cred3 ible and competitive elections;

4 (2) the elected governing entity of a new Pales5 tinian state—

6 (A) has demonstrated a firm commitment

7 to peaceful co-existence with the State of Israel;

8 (B) is taking appropriate measures to

9 counter terrorism and terrorist financing in the

10 West Bank and Gaza, including the dismantling

11 of terrorist infrastructures;

12 (C) is establishing a new Palestinian secu13 rity entity that is cooperative with appropriate

14 Israeli and other appropriate security organiza15 tions; and

16 (3) the Palestinian Authority (or the governing

17 body of a new Palestinian state) is working with

18 other countries in the region to vigorously pursue ef19 forts to establish a just, lasting, and comprehensive

20 peace in the Middle East that will enable Israel and

21 an independent Palestinian state to exist within the

22 context of full and normal relationships, which

23 should include—

24 (A) termination of all claims or states of

25 belligerency;
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1 (B) respect for and acknowledgement of

2 the sovereignty, territorial integrity, and polit3 ical independence of every state in the area

4 through measures including the establishment

5 of demilitarized zones;

6 (C) their right to live in peace within se7 cure and recognized boundaries free from

8 threats or acts of force;

9 (D) freedom of navigation through inter10 national waterways in the area; and

11 (E) a framework for achieving a just set12 tlement of the refugee problem.

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that the newly elected governing entity should enact

15 a constitution assuring the rule of law, an independent ju16 diciary, and respect for human rights for its citizens, and

17 should enact other laws and regulations assuring trans18 parent and accountable governance.

19 (c) WAIVER.—The President may waive subsection

20 (a) if he determines that it is vital to the national security

21 interests of the United States to do so.

22 (d) EXEMPTION.—The restriction in subsection (a)

23 shall not apply to assistance intended to help reform the

24 Palestinian Authority and affiliated institutions, or a

25 newly elected governing entity, in order to help meet the
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1 requirements of subsection (a), consistent with the provi2 sions of section 550 of this Act (‘‘Limitation on Assistance

3 to the Palestinian Authority’’).

4 COLOMBIA

5 SEC. 556. (a) DETERMINATION AND CERTIFICATION

6 REQUIRED.—Notwithstanding any other provision of law,

7 funds appropriated by this Act that are available for as8 sistance for the Colombian Armed Forces, may be made

9 available as follows:

10 (1) Up to 75 percent of such funds may be obli11 gated prior to a determination and certification by

12 the Secretary of State pursuant to paragraph (2).

13 (2) Up to 12.5 percent of such funds may be

14 obligated only after the Secretary of State certifies

15 and reports to the appropriate congressional com16 mittees that:

17 (A) The Commander General of the Co18 lombian Armed Forces is suspending from the

19 Armed Forces those members, of whatever rank

20 who, according to the Minister of Defense or

21 the Procuraduria General de la Nacion, have

22 been credibly alleged to have committed gross

23 violations of human rights, including extra-judi24 cial killings, or to have aided or abetted para25 military organizations.
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1 (B) The Colombian Government is vigor2 ously investigating and prosecuting those mem3 bers of the Colombian Armed Forces, of what4 ever rank, who have been credibly alleged to

5 have committed gross violations of human

6 rights, including extra-judicial killings, or to

7 have aided or abetted paramilitary organiza8 tions, and is promptly punishing those members

9 of the Colombian Armed Forces found to have

10 committed such violations of human rights or to

11 have aided or abetted paramilitary organiza12 tions.

13 (C) The Colombian Armed Forces have

14 made substantial progress in cooperating with

15 civilian prosecutors and judicial authorities in

16 such cases (including providing requested infor17 mation, such as the identity of persons sus18 pended from the Armed Forces and the nature

19 and cause of the suspension, and access to wit20 nesses, relevant military documents, and other

21 requested information).

22 (D) The Colombian Armed Forces have

23 made substantial progress in severing links (in24 cluding denying access to military intelligence,

25 vehicles, and other equipment or supplies, and
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1 ceasing other forms of active or tacit coopera2 tion) at the command, battalion, and brigade

3 levels, with paramilitary organizations, espe4 cially in regions where these organizations have

5 a significant presence.

6 (E) The Colombian Armed Forces are dis7 mantling paramilitary leadership and financial

8 networks by arresting commanders and finan9 cial backers, especially in regions where these

10 networks have a significant presence.

11 (3) The balance of such funds may be obligated

12 after July 31, 2005, if the Secretary of State cer13 tifies and reports to the appropriate congressional

14 committees, after such date, that the Colombian

15 Armed Forces are continuing to meet the conditions

16 contained in paragraph (2) and are conducting vig17 orous operations to restore government authority

18 and respect for human rights in areas under the ef19 fective control of paramilitary and guerrilla organi20 zations.

21 (b) CONGRESSIONAL NOTIFICATION.—Funds made

22 available by this Act for the Colombian Armed Forces

23 shall be subject to the regular notification procedures of

24 the Committees on Appropriations.
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1 (c) CONSULTATIVE PROCESS.—Not later than 60

2 days after the date of enactment of this Act, and every

3 90 days thereafter until September 30, 2006, the Sec4 retary of State shall consult with internationally recog5 nized human rights organizations regarding progress in

6 meeting the conditions contained in that subsection.

7 (d) DEFINITIONS.—In this section:

8 (1) AIDED OR ABETTED.—The term ‘‘aided or

9 abetted’’ means to provide any support to para10 military groups, including taking actions which

11 allow, facilitate, or otherwise foster the activities of

12 such groups.

13 (2) PARAMILITARY GROUPS.—The term ‘‘para14 military groups’’ means illegal self-defense groups

15 and illegal security cooperatives.

16 ILLEGAL ARMED GROUPS

17 SEC. 557. (a) DENIAL OF VISAS TO SUPPORTERS OF

18 COLOMBIAN ILLEGAL ARMED GROUPS.—Subject to sub19 section (b), the Secretary of State shall not issue a visa

20 to any alien who the Secretary determines, based on cred21 ible evidence—

22 (1) has willfully provided any support to the

23 Revolutionary Armed Forces of Colombia (FARC),

24 the National Liberation Army (ELN), or the United

25 Self-Defense Forces of Colombia (AUC), including

26 taking actions or failing to take actions which allow,
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1 facilitate, or otherwise foster the activities of such

2 groups; or

3 (2) has committed, ordered, incited, assisted, or

4 otherwise participated in the commission of gross

5 violations of human rights, including extra-judicial

6 killings, in Colombia.

7 (b) WAIVER.—Subsection (a) shall not apply if the

8 Secretary of State determines and certifies to the appro9 priate congressional committees, on a case-by-case basis,

10 that the issuance of a visa to the alien is necessary to

11 support the peace process in Colombia or for urgent hu12 manitarian reasons.

13 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

14 BROADCASTING CORPORATION

15 SEC. 558. None of the funds appropriated or other16 wise made available by this Act may be used to provide

17 equipment, technical support, consulting services, or any

18 other form of assistance to the Palestinian Broadcasting

19 Corporation.

20 WEST BANK AND GAZA PROGRAM

21 SEC. 559. (a) OVERSIGHT.—For fiscal year 2005, 30

22 days prior to the initial obligation of funds for the bilateral

23 West Bank and Gaza Program, the Secretary of State

24 shall certify to the appropriate committees of Congress

25 that procedures have been established to assure the Comp26 troller General of the United States will have access to
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1 appropriate United States financial information in order

2 to review the uses of United States assistance for the Pro3 gram funded under the heading ‘‘Economic Support

4 Fund’’ for the West Bank and Gaza.

5 (b) VETTING.—Prior to the obligation of funds ap6 propriated by this Act under the heading ‘‘Economic Sup7 port Fund’’ for assistance for the West Bank and Gaza,

8 the Secretary of State shall take all appropriate steps to

9 ensure that such assistance is not provided to or through

10 any individual, private or government entity, or edu11 cational institution that the Secretary knows or has reason

12 to believe advocates, plans, sponsors, engages in, or has

13 engaged in, terrorist activity. The Secretary of State shall,

14 as appropriate, establish procedures specifying the steps

15 to be taken in carrying out this subsection and shall termi16 nate assistance to any individual, entity, or educational in17 stitution found to be involved in or advocating terrorist

18 activity.

19 (c) AUDITS.—(1) The Administrator of the United

20 States Agency for International Development shall ensure

21 that Federal or non-Federal audits of all contractors and

22 grantees, and significant subcontractors and subgrantees,

23 under the West Bank and Gaza Program, are conducted

24 at least on an annual basis to ensure, among other things,

25 compliance with this section.
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1 (2) Of the funds appropriated by this Act under the

2 heading ‘‘Economic Support Fund’’ that are made avail3 able for assistance for the West Bank and Gaza, up to

4 $1,000,000 may be used by the Office of the Inspector

5 General of the United States Agency for International De6 velopment for audits, inspections, and other activities in

7 furtherance of the requirements of this subsection. Such

8 funds are in addition to funds otherwise available for such

9 purposes.

10 CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

11 SEC. 560. (a) LIMITATIONS ON AMOUNT OF CON12 TRIBUTION.—Of the amounts made available under

13 ‘‘International Organizations and Programs’’,

14 $25,000,000 for fiscal year 2005 shall be available for the

15 United Nations Population Fund (hereafter in this section

16 referred to as the ‘‘UNFPA’’).

17 (b) PROHIBITION ON USE OF FUNDS IN CHINA.—

18 None of the funds made available under ‘‘International

19 Organizations and Programs’’ may be made available for

20 the UNFPA for a country program in the People’s Repub21 lic of China.

22 (c) CONDITIONS ON AVAILABILITY OF FUNDS.—

23 Amounts made available under ‘‘International Organiza24 tions and Programs’’ for fiscal year 2005 for the UNFPA

25 may not be made available to UNFPA unless—
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1 (1) the UNFPA maintains amounts made avail2 able to the UNFPA under this section in an account

3 separate from other accounts of the UNFPA;

4 (2) the UNFPA does not commingle amounts

5 made available to the UNFPA under this section

6 with other sums; and

7 (3) the UNFPA does not fund abortions.

8 WAR CRIMINALS

9 SEC. 561. (a)(1) None of the funds appropriated or

10 otherwise made available pursuant to this Act may be

11 made available for assistance, and the Secretary of the

12 Treasury shall instruct the United States executive direc13 tors to the international financial institutions to vote

14 against any new project involving the extension by such

15 institutions of any financial or technical assistance, to any

16 country, entity, or municipality whose competent authori17 ties have failed, as determined by the Secretary of State,

18 to take necessary and significant steps to implement its

19 international legal obligations to apprehend and transfer

20 to the International Criminal Tribunal for the former

21 Yugoslavia (the ‘‘Tribunal’’) all persons in their territory

22 who have been indicted by the Tribunal and to otherwise

23 cooperate with the Tribunal.

24 (2) The provisions of this subsection shall not apply

25 to humanitarian assistance or assistance for democratiza26 tion.
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1 (b) The provisions of subsection (a) shall apply unless

2 the Secretary of State determines and reports to the ap3 propriate congressional committees that the competent au4 thorities of such country, entity, or municipality are—

5 (1) cooperating with the Tribunal, including ac6 cess for investigators to archives and witnesses, the

7 provision of documents, and the surrender and

8 transfer of indictees or assistance in their apprehen9 sion; and

10 (2) are acting consistently with the Dayton Ac11 cords.

12 (c) Not less than 10 days before any vote in an inter13 national financial institution regarding the extension of

14 any new project involving financial or technical assistance

15 or grants to any country or entity described in subsection

16 (a), the Secretary of the Treasury, in consultation with

17 the Secretary of State, shall provide to the Committees

18 on Appropriations a written justification for the proposed

19 assistance, including an explanation of the United States

20 position regarding any such vote, as well as a description

21 of the location of the proposed assistance by municipality,

22 its purpose, and its intended beneficiaries.

23 (d) In carrying out this section, the Secretary of

24 State, the Administrator of the United States Agency for

25 International Development, and the Secretary of the
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1 Treasury shall consult with representatives of human

2 rights organizations and all government agencies with rel3 evant information to help prevent indicted war criminals

4 from benefiting from any financial or technical assistance

5 or grants provided to any country or entity described in

6 subsection (a).

7 (e) The Secretary of State may waive the application

8 of subsection (a) with respect to projects within a country,

9 entity, or municipality upon a written determination to the

10 Committees on Appropriations that such assistance di11 rectly supports the implementation of the Dayton Accords.

12 (f) DEFINITIONS.—As used in this section—

13 (1) COUNTRY.—The term ‘‘country’’ means

14 Bosnia and Herzegovina, Croatia and Serbia.

15 (2) ENTITY.—The term ‘‘entity’’ refers to the

16 Federation of Bosnia and Herzegovina, Kosovo,

17 Montenegro and the Republika Srpska.

18 (3) MUNICIPALITY.—The term ‘‘municipality’’

19 means a city, town or other subdivision within a

20 country or entity as defined herein.

21 (4) DAYTON ACCORDS.—The term ‘‘Dayton Ac22 cords’’ means the General Framework Agreement

23 for Peace in Bosnia and Herzegovina, together with

24 annexes relating thereto, done at Dayton, November

25 10 through 16, 1995.
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1 USER FEES

2 SEC. 562. The Secretary of the Treasury shall in3 struct the United States Executive Director at each inter4 national financial institution (as defined in section

5 1701(c)(2) of the International Financial Institutions Act)

6 and the International Monetary Fund to oppose any loan,

7 grant, strategy or policy of these institutions that would

8 require user fees or service charges on poor people for pri9 mary education or primary healthcare, including preven10 tion and treatment efforts for HIV/AIDS, malaria, tuber11 culosis, and infant, child, and maternal well-being, in con12 nection with the institutions’ financing programs.

13 FUNDING FOR SERBIA

14 SEC. 563. (a) Funds appropriated by this Act may

15 be made available for assistance for Serbia after March

16 31, 2005, if the President has made the determination and

17 certification contained in subsection (c).

18 (b) After March 31, 2005, the Secretary of the Treas19 ury should instruct the United States executive directors

20 to the international financial institutions to support loans

21 and assistance to the Government of the Federal Republic

22 of Yugoslavia (or a government of a successor state) sub23 ject to the conditions in subsection (c): Provided, That sec24 tion 576 of the Foreign Operations, Export Financing,

25 and Related Programs Appropriations Act, 1997, as

26 amended, shall not apply to the provision of loans and as-
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1 sistance to the Federal Republic of Yugoslavia (or a suc2 cessor state) through international financial institutions.

3 (c) The determination and certification referred to in

4 subsection (a) is a determination by the President and a

5 certification to the Committees on Appropriations that the

6 Government of the Federal Republic of Yugoslavia (or a

7 government of a successor state) is—

8 (1) cooperating with the International Criminal

9 Tribunal for the former Yugoslavia including access

10 for investigators, the provision of documents, and

11 the surrender and transfer of indictees or assistance

12 in their apprehension, including making all prac13 ticable efforts to apprehend and transfer Ratko

14 Mladic;

15 (2) taking steps that are consistent with the

16 Dayton Accords to end Serbian financial, political,

17 security and other support which has served to

18 maintain separate Republika Srpska institutions;

19 and

20 (3) taking steps to implement policies which re21 flect a respect for minority rights and the rule of

22 law, including the release of political prisoners from

23 Serbian jails and prisons.

24 (d) This section shall not apply to Montenegro,

25 Kosovo, humanitarian assistance, assistance to promote
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1 democracy in municipalities, or assistance to nongovern2 mental organizations to promote democracy.

3 COMMUNITY-BASED POLICE ASSISTANCE

4 SEC. 564. (a) AUTHORITY.—Funds made available

5 by this Act to carry out the provisions of chapter 1 of

6 part I and chapter 4 of part II of the Foreign Assistance

7 Act of 1961, may be used, notwithstanding section 660

8 of that Act, to enhance the effectiveness and account9 ability of civilian police authority in Jamaica and El Sal10 vador through training and technical assistance in human

11 rights, the rule of law, strategic planning, and through as12 sistance to foster civilian police roles that support demo13 cratic governance including assistance for programs to

14 prevent conflict and foster improved police relations with

15 the communities they serve.

16 (b) NOTIFICATION.—Assistance provided under sub17 section (a) shall be subject to the regular notification pro18 cedures of the Committees on Appropriations.

19 SPECIAL DEBT RELIEF FOR THE POOREST

20 SEC. 565. (a) AUTHORITY TO REDUCE DEBT.—The

21 President may reduce amounts owed to the United States

22 (or any agency of the United States) by an eligible country

23 as a result of—

24 (1) guarantees issued under sections 221 and

25 222 of the Foreign Assistance Act of 1961; or
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1 (2) credits extended or guarantees issued under

2 the Arms Export Control Act.

3 (b) LIMITATIONS.—

4 (1) The authority provided by subsection (a)

5 may be exercised only to implement multilateral offi6 cial debt relief and referendum agreements, com7 monly referred to as ‘‘Paris Club Agreed Minutes’’.

8 (2) The authority provided by subsection (a)

9 may be exercised only in such amounts or to such

10 extent as is provided in advance by appropriations

11 Acts.

12 (3) The authority provided by subsection (a)

13 may be exercised only with respect to countries with

14 heavy debt burdens that are eligible to borrow from

15 the International Development Association, but not

16 from the International Bank for Reconstruction and

17 Development, commonly referred to as ‘‘IDA-only’’

18 countries.

19 (c) CONDITIONS.—The authority provided by sub20 section (a) may be exercised only with respect to a country

21 whose government—

22 (1) does not have an excessive level of military

23 expenditures;

24 (2) has not repeatedly provided support for acts

25 of international terrorism;
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1 (3) is not failing to cooperate on international

2 narcotics control matters;

3 (4) (including its military or other security

4 forces) does not engage in a consistent pattern of

5 gross violations of internationally recognized human

6 rights; and

7 (5) is not ineligible for assistance because of the

8 application of section 527 of the Foreign Relations

9 Authorization Act, Fiscal Years 1994 and 1995.

10 (d) AVAILABILITY OF FUNDS.—The authority pro11 vided by subsection (a) may be used only with regard to

12 the funds appropriated by this Act under the heading

13 ‘‘Debt Restructuring’’.

14 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A re15 duction of debt pursuant to subsection (a) shall not be

16 considered assistance for the purposes of any provision of

17 law limiting assistance to a country. The authority pro18 vided by subsection (a) may be exercised notwithstanding

19 section 620(r) of the Foreign Assistance Act of 1961 or

20 section 321 of the International Development and Food

21 Assistance Act of 1975.

22 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

23 SEC. 566. (a) LOANS ELIGIBLE FOR SALE, REDUC24 TION, OR CANCELLATION.—

25 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

26 CERTAIN LOANS.—Notwithstanding any other provi-
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1 sion of law, the President may, in accordance with

2 this section, sell to any eligible purchaser any

3 concessional loan or portion thereof made before

4 January 1, 1995, pursuant to the Foreign Assist5 ance Act of 1961, to the government of any eligible

6 country as defined in section 702(6) of that Act or

7 on receipt of payment from an eligible purchaser, re8 duce or cancel such loan or portion thereof, only for

9 the purpose of facilitating—

10 (A) debt-for-equity swaps, debt-for-develop11 ment swaps, or debt-for-nature swaps; or

12 (B) a debt buyback by an eligible country

13 of its own qualified debt, only if the eligible

14 country uses an additional amount of the local

15 currency of the eligible country, equal to not

16 less than 40 percent of the price paid for such

17 debt by such eligible country, or the difference

18 between the price paid for such debt and the

19 face value of such debt, to support activities

20 that link conservation and sustainable use of

21 natural resources with local community develop22 ment, and child survival and other child devel23 opment, in a manner consistent with sections

24 707 through 710 of the Foreign Assistance Act

25 of 1961, if the sale, reduction, or cancellation
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1 would not contravene any term or condition of

2 any prior agreement relating to such loan.

3 (2) TERMS AND CONDITIONS.—Notwithstanding

4 any other provision of law, the President shall, in ac5 cordance with this section, establish the terms and

6 conditions under which loans may be sold, reduced,

7 or canceled pursuant to this section.

8 (3) ADMINISTRATION.—The Facility, as defined

9 in section 702(8) of the Foreign Assistance Act of

10 1961, shall notify the administrator of the agency

11 primarily responsible for administering part I of the

12 Foreign Assistance Act of 1961 of purchasers that

13 the President has determined to be eligible, and

14 shall direct such agency to carry out the sale, reduc15 tion, or cancellation of a loan pursuant to this sec16 tion. Such agency shall make adjustment in its ac17 counts to reflect the sale, reduction, or cancellation.

18 (4) LIMITATION.—The authorities of this sub19 section shall be available only to the extent that ap20 propriations for the cost of the modification, as de21 fined in section 502 of the Congressional Budget Act

22 of 1974, are made in advance.

23 (b) DEPOSIT OF PROCEEDS.—The proceeds from the

24 sale, reduction, or cancellation of any loan sold, reduced,

25 or canceled pursuant to this section shall be deposited in
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1 the United States Government account or accounts estab2 lished for the repayment of such loan.

3 (c) ELIGIBLE PURCHASERS.—A loan may be sold

4 pursuant to subsection (a)(1)(A) only to a purchaser who

5 presents plans satisfactory to the President for using the

6 loan for the purpose of engaging in debt-for-equity swaps,

7 debt-for-development swaps, or debt-for-nature swaps.

8 (d) DEBTOR CONSULTATIONS.—Before the sale to

9 any eligible purchaser, or any reduction or cancellation

10 pursuant to this section, of any loan made to an eligible

11 country, the President should consult with the country

12 concerning the amount of loans to be sold, reduced, or

13 canceled and their uses for debt-for-equity swaps, debt14 for-development swaps, or debt-for-nature swaps.

15 (e) AVAILABILITY OF FUNDS.—The authority pro16 vided by subsection (a) may be used only with regard to

17 funds appropriated by this Act under the heading ‘‘Debt

18 Restructuring’’.

19 BASIC EDUCATION

20 SEC. 567. Of the funds appropriated by title II of

21 this Act, not less than $400,000,000 shall be made avail22 able for basic education.

23 RECONCILIATION PROGRAMS

24 SEC. 568. Of the funds appropriated under the head25 ing ‘‘Economic Support Fund’’, not less than $12,000,000

26 should be made available to support reconciliation pro-
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1 grams and activities which bring together individuals of

2 different ethnic, religious, and political backgrounds from

3 areas of civil conflict and war.

4 DEBT RESTRUCTURING AUTHORITY

5 SEC. 569. Funds appropriated under the heading

6 ‘‘Iraq Relief and Reconstruction Fund’’ in title II of the

7 Emergency Supplemental Appropriations Act for Defense

8 and for the Reconstruction of Iraq and Afghanistan, 2004

9 (Public Law 108–106) may be made available for the

10 costs, as defined in section 502 of the Congressional

11 Budget Act of 1974, of modifying direct loans and loan

12 guarantees for Iraq, without regard to the sectoral alloca13 tions and related provisos under that heading in such Act:

14 Provided, That the authority of this section shall be used

15 subject to prior consultation with the Committees on Ap16 propriations: Provided further, That the obligation of

17 funds pursuant to the authority provided in this section

18 shall be subject to the regular notification procedures of

19 the Committees on Appropriations: Provided further, That

20 amounts made available pursuant to the authority of this

21 section are designated as an emergency requirement pur22 suant to section 402 of S. Con. Res. 95 (108th Congress),

23 as made applicable to the House of Representatives by H.

24 Res. 649 (108th Congress): Provided further, That

25 amounts made available pursuant to the authority of this
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1 section shall not be considered ‘‘assistance’’ for the pur2 poses of provisions of law limiting assistance to a country.

3 TRADE CAPACITY BUILDING

4 SEC. 570. Of the funds appropriated by this Act,

5 under the headings ‘‘Trade and Development Agency’’,

6 ‘‘Development Assistance’’, ‘‘Transition Initiatives’’,

7 ‘‘Economic Support Fund’’, ‘‘International Affairs Tech8 nical Assistance’’, and ‘‘International Organizations and

9 Programs’’, not less than $517,000,000 should be made

10 available for trade capacity building assistance.

11 EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH

12 EUROPEAN COUNTRIES AND CERTAIN OTHER COUNTRIES

13 SEC. 571. Notwithstanding section 516(e) of the For14 eign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during

15 fiscal year 2005, funds available to the Department of De16 fense may be expended for crating, packing, handling, and

17 transportation of excess defense articles transferred under

18 the authority of section 516 of such Act to Albania, Bul19 garia, Croatia, Estonia, Former Yugoslavian Republic of

20 Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Lat21 via, Lithuania, Moldova, Mongolia, Pakistan, Romania,

22 Slovakia, Tajikistan, Turkmenistan, Ukraine, and

23 Uzbekistan.

24 CUBA

25 SEC. 572. None of the funds appropriated by this Act

26 under the heading ‘‘International Narcotics Control and
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1 Law Enforcement’’ may be made available for assistance

2 to the Government of Cuba.

3 OFFICE OF THE INSPECTOR GENERAL OF THE COALITION

4 PROVISIONAL AUTHORITY

5 SEC. 573. (a) ESTABLISHMENT OF NEW OFFICE.—

6 (1) The Office of the Inspector General of the Coalition

7 Provisional Authority shall be reconstituted as a separate

8 office within the Department of State and redesignated

9 the Office of the Inspector General for Iraq Reconstruc10 tion (hereinafter ‘‘the Office’’).

11 (2) Any reference in title III of Public Law 108–106

12 to the ‘‘Office of the Inspector of the Coalition Provisional

13 Authority’’ or to the ‘‘Inspector General of the Coalition

14 Provisional Authority’’ shall be deemed to be a reference

15 to the Office of the Inspector General for Iraq Reconstruc16 tion or the Inspector General for Iraq Reconstruction, re17 spectively.

18 (3) Any reference in title III of Public Law 108–106

19 to ‘‘appropriated funds’’ shall be deemed to be a reference

20 to funds appropriated in that Act and in Public Law 108–

21 11 under the heading ‘‘Iraq Relief and Reconstruction

22 Fund’’.

23 (b) INSPECTOR GENERAL OF THE OFFICE.—The In24 spector General of the Coalition Provisional Authority

25 (hereinafter ‘‘the Inspector General’’) and Assistant In26 spectors General of that office should be reappointed by
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1 the Secretary of State to serve in the same capacity in

2 the Office established by subsection (a).

3 (c) PURPOSE AND AUTHORITIES.—(1) The Inspector

4 General shall—

5 (A) conduct independent and objective audits

6 and investigations relating to the programs and op7 erations funded with amounts appropriated for the

8 ‘‘Iraq Relief and Reconstruction Fund’’;

9 (B) make independent and objective rec10 ommendations on policies designed to promote econ11 omy, efficiency, and effectiveness in the administra12 tion of such programs and operations, and to pre13 vent and detect fraud, waste, and abuse in such pro14 grams and operations; and

15 (C) provide an independent and objective means

16 of keeping the Secretary of State fully and currently

17 informed about problems and deficiencies relating to

18 the administration of such programs and operations

19 and the necessity for and progress of corrective ac20 tion.

21 (2) The Inspector General shall have the duties, re22 sponsibilities, powers, and authorities described in sections

23 3001 (f), (g), and (h) of Public Law 108–106.

24 (d) RELATIONSHIP TO THE SECRETARY OF STATE.—
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1 (1) The Inspector General shall report directly

2 to and be under the supervision of the Secretary of

3 State.

4 (2) Any reference in title III of Public Law

5 108–106 to the ‘‘Coalition Provisional Authority’’ or

6 to the ‘‘head of the Coalition Provisional Authority’’

7 shall be deemed to be a reference to the Department

8 of State or to the Secretary of State, respectively.

9 (e) COORDINATION WITH OTHER INSPECTORS GEN10 ERAL.—In carrying out the duties, responsibilities, and

11 authorities of the Inspector General, the Inspector General

12 shall coordinate with, and receive the cooperation of, the

13 Inspector General of the Department of State, the Inspec14 tor General of the Department of Defense, the Inspector

15 General of the United States Agency for International De16 velopment, and any other Inspector General carrying out

17 functions related to the provision of reconstruction assist18 ance for Iraq with funds appropriated for ‘‘Iraq Relief and

19 Reconstruction Fund’’.

20 (f) FUNDING.—Funds available pursuant to section

21 3001(n) of Public Law 108–106 shall be transferred to

22 the Office and used for purposes of this section.

23 (g) The Office of Inspector General for Iraq Recon24 struction shall terminate on September 30, 2007.
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1 OVERSIGHT OF IRAQ RECONSTRUCTION

2 SEC. 574. (a) Section 2207(a) of the Emergency Sup3 plemental Appropriations Act for Defense and for the Re4 construction of Iraq and Afghanistan, 2004 (Public Law

5 108–106), is amended by striking ‘‘The Director of the

6 Office of Management and Budget, in consultation with

7 the Administrator of the Coalition Provisional Authority

8 (CPA) and the Committees on Appropriations,’’ and in9 serting ‘‘The Secretary of State’’.

10 (b) The allocation of any funds appropriated under

11 the heading ‘‘Iraq Relief and Reconstruction Fund’’ in

12 chapter 2 of title II of Public Law 108–106 for adminis13 trative expenses purposes pursuant to the authority con14 tained in the seventh proviso under that heading, shall be

15 subject to the regular notification procedures of the Com16 mittees on Appropriations.

17 INDONESIA

18 SEC. 575. Congress notes that the Indonesian Gov19 ernment and Armed Forces have pledged to cooperate with

20 the Federal Bureau of Investigation with respect to its in21 vestigation into the August 31, 2002, murders of two

22 American citizens and one Indonesian citizen in Timika,

23 Indonesia. Therefore, funds appropriated under the head24 ing ‘‘International Military Education and Training’’ may

25 be made available for Indonesia if the Secretary of State

26 determines and reports to the appropriate congressional
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1 committees that the Indonesian Government and Armed

2 Forces are cooperating with the Federal Bureau of Inves3 tigation’s investigation: Provided, That this restriction

4 shall not apply to expanded international military edu5 cation and training, which may include English language

6 training.

7 LIMITATION ON ATTENDANCE AT CONFERENCES OUTSIDE

8 THE UNITED STATES

9 SEC. 576. None of the funds made available in this

10 Act may be used to send or otherwise pay for the attend11 ance of more than 50 Federal employees at any single con12 ference occurring outside the United States.

13 LIMITATION ON CONTRACTS

14 SEC. 577. None of the funds made available under

15 this Act may be used to fund any contract in contravention

16 of section 8(d)(6) of the Small Business Act (15 U.S.C.

17 637(d)(6)).

18 PROHIBITION ON USE OF FUNDS FOR CERTAIN PURPOSES

19 SEC. 578. None of the funds made available in this

20 Act may be used by the Government of Turkey in con21 travention of section 1913 of title 18, United States Code

22 (relating to lobbying with appropriated moneys) with re23 spect to H. Res. 193, Reaffirming support of the Conven24 tion on the Prevention and Punishment of the Crime of

25 Genocide and anticipating the 15th anniversary of the en-
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1 actment of the Genocide Convention Implementation Act

2 of 1987 (the Proxmire Act) on November 4, 2003.

3 PROHIBITION ON USE OF FUNDS TO REQUEST THE

4 UNITED NATIONS TO ASSESS THE VALIDITY OF

5 ELECTIONS IN THE UNITED STATES

6 SEC. 579. None of the funds made available in this

7 Act may be used by any official of the United States Gov8 ernment to request the United Nations to assess the valid9 ity of elections in the United States.

10 LIMITATION ON PROVISION BY EXPORT-IMPORT BANK OF

11 CREDIT TO ENTITIES REINCORPORATING OVERSEAS

12 SEC. 580. None of the funds made available in this

13 Act may be used by the Export-Import Bank of the United

14 States to approve an application for a master guarantee

15 and political risk supplement where the applicant’s charter

16 or articles of incorporation show that the entity is incor17 porated or chartered in Bermuda, Barbados, the Cayman

18 Islands, Antigua, or Panama.

19 LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE

20 FOR CERTAIN FOREIGN GOVERNMENTS THAT ARE

21 PARTIES TO THE INTERNATIONAL CRIMINAL COURT

22 SEC. 581. None of the funds made available in this

23 Act in title II under the heading ‘‘ECONOMIC SUPPORT

24 FUND’’ may be used to provide assistance to the govern25 ment of a country that is a party to the International

26 Criminal Court and has not entered into an agreement
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1 with the United States pursuant to Article 98 of the Rome

2 Statute preventing the International Criminal Court from

3 proceeding against United States personnel present in

4 such country.

5 PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI

6 ARABIA

7 SEC. 582. None of the funds appropriated or other8 wise made available pursuant to this Act shall be obligated

9 or expended to finance any assistance to Saudi Arabia.

10 This Act may be cited as the ‘‘Foreign Operations,

11 Export Financing, and Related Programs Appropriations

12 Act, 2005’’.

Passed the House of Representatives July 15, 2004.

Attest:

Clerk.