IB 

108TH CONGRESS 

2D SESSION H. R. 4818

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2004

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2005, and for other pur6 poses, namely: 

7 TITLE I—EXPORT AND INVESTMENT 

8 ASSISTANCE 

9 EXPORT-IMPORT BANK OF THE UNITED STATES

10 The Export-Import Bank of the United States is au11 thorized to make such expenditures within the limits of 
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1 funds and borrowing authority available to such corpora2 tion, and in accordance with law, and to make such con3 tracts and commitments without regard to fiscal year limi4 tations, as provided by section 104 of the Government 

5 Corporation Control Act, as may be necessary in carrying 

6 out the program for the current fiscal year for such cor7 poration: Provided, That none of the funds available dur8 ing the current fiscal year may be used to make expendi9 tures, contracts, or commitments for the export of nuclear 

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

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

12 Treaty on the Non-Proliferation of Nuclear Weapons eligi13 ble to receive economic or military assistance under this 

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

15 of the enactment of this Act: Provided further, That not16 withstanding section 1(c) of Public Law 103–428, as 

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

18 shall remain in effect through October 1, 2005. 

19 SUBSIDY APPROPRIATION

20 For the cost of direct loans, loan guarantees, insur21 ance, and tied-aid grants as authorized by section 10 of 

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

23 $125,700,000, to remain available until September 30, 

24 2008: Provided, That such costs, including the cost of 

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

26 of the Congressional Budget Act of 1974: Provided fur-
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1 ther, That such sums shall remain available until Sep2 tember 30, 2023, for the disbursement of direct loans, 

3 loan guarantees, insurance and tied-aid grants obligated 

4 in fiscal years 2005, 2006, 2007, and 2008: Provided fur5 ther, That none of the funds appropriated by this Act or 

6 any prior Act appropriating funds for foreign operations, 

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

8 or grants may be used for any other purpose except 

9 through the regular notification procedures of the Com10 mittees on Appropriations: Provided further, That funds 

11 appropriated by this paragraph are made available not12 withstanding section 2(b)(2) of the Export-Import Bank 

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

14 any product by any East European country, any Baltic 

15 State or any agency or national thereof. 

16 ADMINISTRATIVE EXPENSES

17 For administrative expenses to carry out the direct 

18 and guaranteed loan and insurance programs, including 

19 hire of passenger motor vehicles and services as authorized 

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

21 reception and representation expenses for members of the 

22 Board of Directors, $73,200,000: Provided, That the Ex23 port-Import Bank may accept, and use, payment or serv24 ices provided by transaction participants for legal, finan25 cial, or technical services in connection with any trans26 action for which an application for a loan, guarantee or 
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1 insurance commitment has been made: Provided further,

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

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

4 shall remain in effect until October 1, 2005. 

5 OVERSEAS PRIVATE INVESTMENT CORPORATION

6 NONCREDIT ACCOUNT

7 The Overseas Private Investment Corporation is au8 thorized to make, without regard to fiscal year limitations, 

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

10 commitments within the limits of funds available to it and 

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

12 That the amount available for administrative expenses to 

13 carry out the credit and insurance programs (including an 

14 amount for official reception and representation expenses 

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

16 $42,885,000: Provided further, That project-specific trans17 action costs, including direct and indirect costs incurred 

18 in claims settlements, and other direct costs associated 

19 with services provided to specific investors or potential in20 vestors pursuant to section 234 of the Foreign Assistance 

21 Act of 1961, shall not be considered administrative ex22 penses for the purposes of this heading. 

23 PROGRAM ACCOUNT

24 For the cost of direct and guaranteed loans, 

25 $24,000,000, as authorized by section 234 of the Foreign 

26 Assistance Act of 1961, to be derived by transfer from 
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1 the Overseas Private Investment Corporation Non-Credit 

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

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

4 of the Congressional Budget Act of 1974: Provided fur5 ther, That such sums shall be available for direct loan obli6 gations and loan guaranty commitments incurred or made 

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

8 such sums shall remain available through fiscal year 2013 

9 for the disbursement of direct and guaranteed loans obli10 gated in fiscal year 2005, and through fiscal year 2014 

11 for the disbursement of direct and guaranteed loans obli12 gated in fiscal year 2006. 

13 In addition, such sums as may be necessary for ad14 ministrative expenses to carry out the credit program may 

15 be derived from amounts available for administrative ex16 penses to carry out the credit and insurance programs in 

17 the Overseas Private Investment Corporation Noncredit 

18 Account and merged with said account. 

19 FUNDS APPROPRIATED TO THE PRESIDENT

20 TRADE AND DEVELOPMENT AGENCY

21 For necessary expenses to carry out the provisions 

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

23 $51,500,000, to remain available until September 30, 

24 2006. 
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1 TITLE II—BILATERAL ECONOMIC ASSISTANCE 

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 For expenses necessary to enable the President to 

4 carry out the provisions of the Foreign Assistance Act of 

5 1961, and for other purposes, to remain available until 

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

7 follows: 

8 UNITED STATES AGENCY FOR INTERNATIONAL

9 DEVELOPMENT

10 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses to carry out the provisions 

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

14 Act of 1961, for child survival, health, and family plan15 ning/reproductive health activities, in addition to funds 

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

17 remain available until September 30, 2006: Provided,

18 That this amount shall be made available for such activi19 ties as: (1) immunization programs; (2) oral rehydration 

20 programs; (3) health, nutrition, water and sanitation pro21 grams which directly address the needs of mothers and 

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

23 for children displaced or orphaned by causes other than 

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

25 of, and research on HIV/AIDS, tuberculosis, polio, ma26 laria, and other infectious diseases, and for assistance to 
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1 communities severely affected by HIV/AIDS, including 

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

3 planning/reproductive health: Provided further, That none 

4 of the funds appropriated under this heading may be made 

5 available for nonproject assistance, except that funds may 

6 be made available for such assistance for ongoing health 

7 activities: Provided further, That of the funds appropriated 

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

9 to funds otherwise available for such purposes, may be 

10 used to monitor and provide oversight of child survival, 

11 maternal and family planning/reproductive health, and in12 fectious disease programs: Provided further, That the fol13 lowing amounts should be allocated as follows: 

14 $330,000,000 for child survival and maternal health; 

15 $28,000,000 for vulnerable children; $330,000,000 for 

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

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

18 Provided further, That of the funds appropriated under 

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

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

21 made available, notwithstanding any other provision of 

22 law, except for the United States Leadership Against 

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

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

25 contribution to the Global Fund to Fight AIDS, Tuber-
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1 culosis and Malaria (the ‘‘Global Fund’’), and shall be ex2 pended at the minimum rate necessary to make timely 

3 payment for projects and activities: Provided further, That 

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

5 previous proviso may be made available to the United 

6 States Agency for International Development for technical 

7 assistance related to the activities of the Global Fund: 

8 Provided further, That of the funds appropriated under 

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

10 United States contribution to The Vaccine Fund, and up 

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

12 funds appropriated by this Act under the heading ‘‘Oper13 ating Expenses of the United States Agency for Inter14 national Development’’ for costs directly related to inter15 national health, but funds made available for such costs 

16 may not be derived from amounts made available for con17 tributions under this and preceding provisos: Provided fur18 ther, That none of the funds made available in this Act 

19 nor any unobligated balances from prior appropriations 

20 may be made available to any organization or program 

21 which, as determined by the President of the United 

22 States, supports or participates in the management of a 

23 program of coercive abortion or involuntary sterilization: 

24 Provided further, That none of the funds made available 

25 under this Act may be used to pay for the performance 
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1 of abortion as a method of family planning or to motivate 

2 or coerce any person to practice abortions: Provided fur3 ther, That none of the funds made available under this 

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

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

6 developing nations, funds shall be available only to vol7 untary family planning projects which offer, either directly 

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

9 broad range of family planning methods and services, and 

10 that any such voluntary family planning project shall meet 

11 the following requirements: (1) service providers or refer12 ral agents in the project shall not implement or be subject 

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

14 births, number of family planning acceptors, or acceptors 

15 of a particular method of family planning (this provision 

16 shall not be construed to include the use of quantitative 

17 estimates or indicators for budgeting and planning pur18 poses); (2) the project shall not include payment of incen19 tives, bribes, gratuities, or financial reward to: (A) an indi20 vidual in exchange for becoming a family planning accep21 tor; or (B) program personnel for achieving a numerical 

22 target or quota of total number of births, number of fam23 ily planning acceptors, or acceptors of a particular method 

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

25 or benefit, including the right of access to participate in 
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1 any program of general welfare or the right of access to 

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

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

4 provide family planning acceptors comprehensible infor5 mation on the health benefits and risks of the method cho6 sen, including those conditions that might render the use 

7 of the method inadvisable and those adverse side effects 

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

9 (5) the project shall ensure that experimental contracep10 tive drugs and devices and medical procedures are pro11 vided only in the context of a scientific study in which 

12 participants are advised of potential risks and benefits; 

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

14 Administrator of the United States Agency for Inter15 national Development determines that there has been a 

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

17 (2), (3), or (5) of this proviso, or a pattern or practice 

18 of violations of the requirements contained in paragraph 

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

20 Committees on Appropriations a report containing a de21 scription of such violation and the corrective action taken 

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

23 for natural family planning under section 104 of the For24 eign Assistance Act of 1961 no applicant shall be discrimi25 nated against because of such applicant’s religious or con-
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1 scientious commitment to offer only natural family plan2 ning; and, additionally, all such applicants shall comply 

3 with the requirements of the previous proviso: Provided 

4 further, That for purposes of this or any other Act author5 izing or appropriating funds for foreign operations, export 

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

7 it relates to family planning assistance, shall not be con8 strued to prohibit the provision, consistent with local law, 

9 of information or counseling about all pregnancy options: 

10 Provided further, That nothing in this paragraph shall be 

11 construed to alter any existing statutory prohibitions 

12 against abortion under section 104 of the Foreign Assist13 ance Act of 1961: Provided further, That to the maximum 

14 extent feasible, taking into consideration cost, timely avail15 ability, and best health practices, funds appropriated in 

16 this Act that are made available for condom procurement 

17 shall be made available only for the procurement of 

18 condoms manufactured in the United States: Provided fur19 ther, That information provided about the use of condoms 

20 as part of projects or activities that are funded from 

21 amounts appropriated by this Act shall be medically accu22 rate and shall include the public health benefits and fail23 ure rates of such use. 

24 DEVELOPMENT ASSISTANCE

25 For necessary expenses of the United States Agency 

26 for International Development to carry out the provisions 
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1 of sections 103, 105, 106, and 131, and chapter 10 of 

2 part I of the Foreign Assistance Act of 1961, 

3 $1,429,000,000, to remain available until September 30, 

4 2006: Provided, That $194,000,000 should be allocated 

5 for trade capacity building: Provided further, That 

6 $300,000,000 should be allocated for basic education: Pro7 vided further, That of the funds appropriated under this 

8 heading and managed by the United States Agency for 

9 International Development Bureau of Democracy, Con10 flict, and Humanitarian Assistance, not less than 

11 $15,000,000 shall be made available only for programs to 

12 improve women’s leadership capacity in recipient coun13 tries: Provided further, That such funds may not be made 

14 available for construction: Provided further, That of the 

15 funds appropriated under this heading that are made 

16 available for assistance programs for displaced and or17 phaned children and victims of war, not to exceed 

18 $32,500, in addition to funds otherwise available for such 

19 purposes, may be used to monitor and provide oversight 

20 of such programs. 

21 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

22 For necessary expenses of the United States Agency 

23 for International Development to carry out the provisions 

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

25 international disaster relief, rehabilitation, and recon-
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1 struction assistance, $335,500,000, to remain available 

2 until expended. 

3 In addition, for necessary expenses for assistance for 

4 famine prevention and relief, including for mitigation of 

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

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

7 available utilizing the general authorities of section 491 

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

9 addition to amounts otherwise available for such purposes: 

10 Provided further, That funds appropriated by this para11 graph shall be available for obligation subject to prior con12 sultation with the Committees on Appropriations. 

13 TRANSITION INITIATIVES

14 For necessary expenses for international disaster re15 habilitation and reconstruction assistance pursuant to sec16 tion 491 of the Foreign Assistance Act of 1961, 

17 $47,500,000, to remain available until expended, to sup18 port transition to democracy and to long-term develop19 ment of countries in crisis: Provided, That such support 

20 may include assistance to develop, strengthen, or preserve 

21 democratic institutions and processes, revitalize basic in22 frastructure, and foster the peaceful resolution of conflict: 

23 Provided further, That the United States Agency for Inter24 national Development shall submit a report to the Com25 mittees on Appropriations at least 5 days prior to begin26 ning a new program of assistance: Provided further, That 
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1 if the President determines that it is important to the na2 tional interests of the United States to provide transition 

3 assistance in excess of the amount appropriated under this 

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

5 this Act to carry out the provisions of part I of the For6 eign Assistance Act of 1961 may be used for purposes of 

7 this heading and under the authorities applicable to funds 

8 appropriated under this heading: Provided further, That 

9 funds made available pursuant to the previous proviso 

10 shall be made available subject to prior consultation with 

11 the Committees on Appropriations. 

12 DEVELOPMENT CREDIT AUTHORITY

13 (INCLUDING TRANSFER OF FUNDS)

14 For the cost of direct loans and loan guarantees pro15 vided by the United States Agency for International De16 velopment, as authorized by sections 108 and 635 of the 

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

18 transfer from funds appropriated by this Act to carry out 

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

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

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

22 made available only for micro and small enterprise pro23 grams, urban programs, and other programs which fur24 ther the purposes of part I of the Act: Provided further, 

25 That such costs, including the cost of modifying such di26 rect and guaranteed loans, shall be as defined in section 
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1 502 of the Congressional Budget Act of 1974, as amend2 ed: Provided further, That funds made available by this 

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

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

5 used for such costs shall be subject to the regular notifica6 tion procedures of the Committees on Appropriations: Pro7 vided further, That the provisions of section 107A(d) (re8 lating to general provisions applicable to the Development 

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

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

11 the House Committee on International Relations on May 

12 9, 1997, shall be applicable to direct loans and loan guar13 antees provided under this heading. 

14 In addition, for administrative expenses to carry out 

15 credit programs administered by the United States Agency 

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

17 transferred to and merged with the appropriation for Op18 erating Expenses of the United States Agency for Inter19 national Development: Provided, That funds made avail20 able under this heading shall remain available until Sep21 tember 30, 2007. 

22 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

23 DISABILITY FUND

24 For payment to the ‘‘Foreign Service Retirement and 

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

26 Act of 1980, $42,500,000. 
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1 OPERATING EXPENSES OF THE UNITED STATES AGENCY

2 FOR INTERNATIONAL DEVELOPMENT

3 For necessary expenses to carry out the provisions 

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

5 $618,000,000, of which up to $25,000,000 may remain 

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

7 of the funds appropriated under this heading and under 

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

9 available to finance the construction (including architect 

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

11 offices for use by the United States Agency for Inter12 national Development, unless the Administrator has iden13 tified such proposed construction (including architect and 

14 engineering services), purchase, or long term lease of of15 fices in a report submitted to the Committees on Appro16 priations at least 15 days prior to the obligation of these 

17 funds for such purposes: Provided further, That the pre18 vious proviso shall not apply where the total cost of con19 struction (including architect and engineering services), 

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

21 $1,000,000: Provided further, That contracts or agree22 ments entered into with funds appropriated under this 

23 heading may entail commitments for the expenditure of 

24 such funds through fiscal year 2006: Provided further,

25 That none of the funds in this Act may be used to open 
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1 a new overseas mission of the United States Agency for 

2 International Development without the prior written noti3 fication of the Committees on Appropriations: Provided 

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

5 Foreign Assistance Act of 1961 may be exercised by the 

6 Secretary of State to transfer funds appropriated to carry 

7 out chapter 1 of part I of such Act to ‘‘Operating Ex8 penses of the United States Agency for International De9 velopment’’ in accordance with the provisions of those sec10 tions. 

11 CAPITAL INVESTMENT FUND

12 For necessary expenses for overseas construction and 

13 related costs, and for the procurement and enhancement 

14 of information technology and related capital investments, 

15 pursuant to section 667 of the Foreign Assistance Act of 

16 1961, $64,800,000, to remain available until expended: 

17 Provided, That this amount is in addition to funds other18 wise available for such purposes: Provided further, That 

19 funds appropriated under this heading shall be available 

20 for obligation only pursuant to the regular notification 

21 procedures of the Committees on Appropriations: Provided 

22 further, That funds appropriated under this heading and 

23 under the heading ‘‘Operating Expenses of the United 

24 States Agency for International Development’’ may be 

25 made available for USAID’s contribution to the Capital 

26 Cost Sharing Program only if all other agencies who have 
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1 agreed to participate in that program during the current 

2 fiscal year are making their contributions to the program. 

3 OPERATING EXPENSES OF THE UNITED STATES AGENCY

4 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN5 SPECTOR GENERAL

6 For necessary expenses to carry out the provisions 

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

8 $35,000,000, to remain available until September 30, 

9 2006, which sum shall be available for the Office of the 

10 Inspector General of the United States Agency for Inter11 national Development. 

12 OTHER BILATERAL ECONOMIC ASSISTANCE

13 ECONOMIC SUPPORT FUND

14 For necessary expenses to carry out the provisions 

15 of chapter 4 of part II, $2,450,000,000, to remain avail16 able until September 30, 2006: Provided, That of the 

17 funds appropriated under this heading, not less than 

18 $360,000,000 shall be available only for Israel, which sum 

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

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

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

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

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

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

25 provided with the understanding that Egypt will under26 take significant economic reforms which are additional to 
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1 those which were undertaken in previous fiscal years: Pro2 vided further, That in exercising the authority to provide 

3 cash transfer assistance for Israel, the President shall en4 sure that the level of such assistance does not cause an 

5 adverse impact on the total level of nonmilitary exports 

6 from the United States to such country and that Israel 

7 enters into a side letter agreement in an amount propor8 tional to the fiscal year 1999 agreement: Provided further,

9 That of the funds appropriated under this heading, not 

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

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

12 $200,000,000 of the funds appropriated under this head13 ing may be used for the costs, as defined in section 502 

14 of the Congressional Budget Act of 1974, of modifying 

15 direct loans and guarantees for Pakistan: Provided further,

16 That amounts that are made available under the previous 

17 proviso for the cost of modifying direct loans and guaran18 tees shall not be considered ‘‘assistance’’ for the purposes 

19 of provisions of law limiting assistance to a country: Pro20 vided further, That $13,500,000 of the funds appropriated 

21 under this heading should be made available for Cyprus 

22 to be used only for scholarships, administrative support 

23 of the scholarship program, bicommunal projects, and 

24 measures aimed at reunification of the island and designed 

25 to reduce tensions and promote peace and cooperation be-
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1 tween the two communities on Cyprus: Provided further,

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

3 heading should be made available for assistance for Leb4 anon, of which not less than $4,000,000 should be made 

5 available for scholarships and direct support of American 

6 educational institutions in Lebanon: Provided further,

7 That funds appropriated under this heading that are made 

8 available for assistance for the Central Government of 

9 Lebanon shall be subject to the regular notification proce10 dures of the Committees on Appropriations: Provided fur11 ther, That $22,000,000 of the funds appropriated under 

12 this heading should be made available for assistance for 

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

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

15 heading should be made available for assistance for Haiti: 

16 Provided further, That funds appropriated under this 

17 heading may be used, notwithstanding any other provision 

18 of law, to provide assistance to the National Democratic 

19 Alliance of Sudan to strengthen its ability to protect civil20 ians from attacks, slave raids, and aerial bombardment 

21 by the Sudanese Government forces and its militia allies, 

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

23 regular notification procedures of the Committees on Ap24 propriations: Provided further, That in the previous pro25 viso, the term ‘‘assistance’’ includes non-lethal, non-food 
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1 aid such as blankets, medicine, fuel, mobile clinics, water 

2 drilling equipment, communications equipment to notify 

3 civilians of aerial bombardment, non-military vehicles, 

4 tents, and shoes: Provided further, That funds appro5 priated under this heading that are made available for a 

6 Middle East Financing Facility, Middle East Enterprise 

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

8 be subject to the regular notification procedures of the 

9 Committees on Appropriations: Provided further, That 

10 with respect to funds appropriated under this heading in 

11 this Act or prior Acts making appropriations for foreign 

12 operations, export financing, and related programs, the re13 sponsibility for policy decisions and justifications for the 

14 use of such funds, including whether there will be a pro15 gram for a country that uses those funds and the amount 

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

17 Secretary of State and the Deputy Secretary of State and 

18 this responsibility shall not be delegated. 

19 INTERNATIONAL FUND FOR IRELAND

20 For necessary expenses to carry out the provisions 

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

22 1961, $18,500,000, which shall be available for the United 

23 States contribution to the International Fund for Ireland 

24 and shall be made available in accordance with the provi25 sions of the Anglo-Irish Agreement Support Act of 1986 

26 (Public Law 99–415): Provided, That such amount shall 
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1 be expended at the minimum rate necessary to make time2 ly payment for projects and activities: Provided further, 

3 That funds made available under this heading shall re4 main available until September 30, 2006. 

5 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

6 STATES

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

8 of the Foreign Assistance Act of 1961 and the Support 

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

10 $375,000,000, to remain available until September 30, 

11 2006, which shall be available, notwithstanding any other 

12 provision of law, for assistance and for related programs 

13 for Eastern Europe and the Baltic States. 

14 (b) Funds appropriated under this heading shall be 

15 considered to be economic assistance under the Foreign 

16 Assistance Act of 1961 for purposes of making available 

17 the administrative authorities contained in that Act for 

18 the use of economic assistance. 

19 (c) With regard to funds appropriated under this 

20 heading for the economic revitalization program in Bosnia 

21 and Herzegovina, and local currencies generated by such 

22 funds (including the conversion of funds appropriated 

23 under this heading into currency used by Bosnia and 

24 Herzegovina as local currency and local currency returned 

25 or repaid under such program) the Administrator of the 

26 United States Agency for International Development shall 
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1 provide written approval for grants and loans prior to the 

2 obligation and expenditure of funds for such purposes, and 

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

4 to any lending facility or grantee. 

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

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

7 to funds appropriated under this heading: Provided, That 

8 notwithstanding any provision of this or any other Act, 

9 including provisions in this subsection regarding the appli10 cation of section 529 of this Act, local currencies gen11 erated by, or converted from, funds appropriated by this 

12 Act and by previous appropriations Acts and made avail13 able for the economic revitalization program in Bosnia 

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

15 carry out the provisions of the Foreign Assistance Act of 

16 1961 and the Support for East European Democracy 

17 (SEED) Act of 1989. 

18 (e) The President is authorized to withhold funds ap19 propriated under this heading made available for economic 

20 revitalization programs in Bosnia and Herzegovina, if he 

21 determines and certifies to the Committees on Appropria22 tions that the Federation of Bosnia and Herzegovina has 

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

24 Framework Agreement for Peace in Bosnia and 

25 Herzegovina concerning the withdrawal of foreign forces, 
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1 and that intelligence cooperation on training, investiga2 tions, and related activities between state sponsors of ter3 rorism and terrorist organizations and Bosnian officials 

4 has not been terminated. 

5 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

6 FORMER SOVIET UNION

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

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

9 Act of 1961 and the FREEDOM Support Act, for assist10 ance for the Independent States of the former Soviet 

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

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

13 provisions of such chapters shall apply to funds appro14 priated by this paragraph: Provided further, That funds 

15 made available for the Southern Caucasus region may be 

16 used notwithstanding any other provision of law, for con17 fidence-building measures and other activities in further18 ance of the peaceful resolution of the regional conflicts, 

19 especially those in the vicinity of Abkhazia and Nagorno20 Karabagh: Provided further, That of the funds appro21 priated under this heading, $1,500,000 should be available 

22 only to meet the health and other assistance needs of vic23 tims of trafficking in persons: Provided further, That, not24 withstanding any other provision of law, funds appro25 priated under this heading in this Act or prior Acts mak26 ing appropriations for foreign operations, export financ-
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1 ing, and related programs, that are made available pursu2 ant to the provisions of section 807 of Public Law 102–

3 511 shall be subject to a 6 percent ceiling on administra4 tive expenses. 

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

6 less than $65,000,000 should be made available for assist7 ance for Armenia. 

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

9 less than $57,000,000 should be made available, in addi10 tion to funds otherwise available for such purposes, for 

11 assistance for child survival, environmental and reproduc12 tive health, and to combat HIV/AIDS, tuberculosis and 

13 other infectious diseases, and for related activities. 

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

15 that are allocated for assistance for the Government of 

16 the Russian Federation, 60 percent shall be withheld from 

17 obligation until the President determines and certifies in 

18 writing to the Committees on Appropriations that the Gov19 ernment of the Russian Federation: 

20 (A) has terminated implementation of arrange21 ments to provide Iran with technical expertise, train22 ing, technology, or equipment necessary to develop a 

23 nuclear reactor, related nuclear research facilities or 

24 programs, or ballistic missile capability; and 
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1 (B) is providing full access to international non2 government organizations providing humanitarian 

3 relief to refugees and internally displaced persons in 

4 Chechnya. 

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

6 (A) assistance to combat infectious diseases, 

7 child survival activities, or assistance for victims of 

8 trafficking in persons; and 

9 (B) activities authorized under title V (Non10 proliferation and Disarmament Programs and Ac11 tivities) of the FREEDOM Support Act. 

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

13 not apply to—

14 (1) activities to support democracy or assist15 ance under title V of the FREEDOM Support Act 

16 and section 1424 of Public Law 104–201 or non17 proliferation assistance; 

18 (2) any assistance provided by the Trade and 

19 Development Agency under section 661 of the For20 eign Assistance Act of 1961 (22 U.S.C. 2421); 

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

22 United States and Foreign Commercial Service while 

23 acting within his or her official capacity; 

24 (4) any insurance, reinsurance, guarantee or 

25 other assistance provided by the Overseas Private 
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1 Investment Corporation under title IV of chapter 2 

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

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

4 (5) any financing provided under the Export5 Import Bank Act of 1945; or 

6 (6) humanitarian assistance. 

7 INDEPENDENT AGENCIES

8 INTER-AMERICAN FOUNDATION

9 For necessary expenses to carry out the functions of 

10 the Inter-American Foundation in accordance with the 

11 provisions of section 401 of the Foreign Assistance Act 

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

13 30, 2006. 

14 AFRICAN DEVELOPMENT FOUNDATION

15 For necessary expenses to carry out title V of the 

16 International Security and Development Cooperation Act 

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

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

19 made available to grantees may be invested pending ex20 penditure for project purposes when authorized by the 

21 board of directors of the Foundation: Provided further,

22 That interest earned shall be used only for the purposes 

23 for which the grant was made: Provided further, That not24 withstanding section 505(a)(2) of the African Develop25 ment Foundation Act, in exceptional circumstances the 

26 board of directors of the Foundation may waive the 
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1 $250,000 limitation contained in that section with respect 

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

3 provide a report to the Committees on Appropriations 

4 after each time such waiver authority is exercised. 

5 PEACE CORPS

6 For necessary expenses to carry out the provisions 

7 of the Peace Corps Act (75 Stat. 612), $330,000,000, in8 cluding the purchase of not to exceed five passenger motor 

9 vehicles for administrative purposes for use outside of the 

10 United States: Provided, That none of the funds appro11 priated under this heading shall be used to pay for abor12 tions: Provided further, That funds appropriated under 

13 this heading shall remain available until September 30, 

14 2006. 

15 MILLENNIUM CHALLENGE CORPORATION

16 For necessary expenses for the ‘‘Millennium Chal17 lenge Corporation’’, $1,250,000,000, to remain available 

18 until expended: Provided, That of the funds appropriated 

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

20 available for administrative expenses of the Millennium 

21 Challenge Corporation: Provided further, That none of the 

22 funds appropriated under this heading may be made avail23 able for the provision of assistance until the Chief Execu24 tive Officer of the Millennium Challenge Corporation pro25 vides a written budget justification to the Committees on 

26 Appropriations: Provided further, That up to 10 percent 
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1 of the funds appropriated under this heading may be made 

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

3 Millennium Challenge Act of 2003: Provided further, That 

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

5 such Act may be made available until the Chief Executive 

6 Officer of the Millennium Challenge Corporation provides 

7 a report to the Committees on Appropriations listing the 

8 candidate countries that will be receiving assistance under 

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

10 for each such country, a description of the proposed pro11 grams, projects and activities, and the implementing agen12 cy or agencies of the United States Government: Provided 

13 further, That section 605(e)(4) of the Millennium Chal14 lenge Act of 2003 shall apply to funds appropriated under 

15 this heading: Provided further, That funds appropriated 

16 under this heading, and funds appropriated under this 

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

18 made available for a Millennium Challenge Compact en19 tered into pursuant to section 609 of the Millennium Chal20 lenge Act of 2003 only if such Compact obligates, or con21 tains a commitment to obligate subject to the availability 

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

23 Compact to proceed, the entire amount of the United 

24 States Government funding anticipated for the duration 
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1 of the Compact: Provided further, That the previous pro2 viso shall be effective on the date of enactment of this Act. 

3 DEPARTMENT OF STATE

4 GLOBAL HIV/AIDS INITIATIVE

5 For necessary expenses to carry out the provisions 

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

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

8 $1,260,000,000, to remain available until expended: Pro9 vided, That of the funds appropriated under this heading, 

10 not more than $8,818,000 may be made available for ad11 ministrative expenses of the Office of the Coordinator of 

12 United States Government Activities to Combat HIV/

13 AIDS Globally of the Department of State: Provided fur14 ther, That of the funds appropriated under this heading, 

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

16 contribution to the International AIDS Vaccine Initiative. 

17 INTERNATIONAL NARCOTICS CONTROL AND LAW

18 ENFORCEMENT

19 For necessary expenses to carry out section 481 of 

20 the Foreign Assistance Act of 1961, $328,820,000, to re21 main available until September 30, 2007: Provided, That 

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

23 use the authority of section 608 of the Foreign Assistance 

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

25 excess property from an agency of the United States Gov26 ernment for the purpose of providing it to a foreign coun-
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1 try under chapter 8 of part I of that Act subject to the 

2 regular notification procedures of the Committees on Ap3 propriations: Provided further, That the Secretary of State 

4 shall provide to the Committees on Appropriations not 

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

6 Act and prior to the initial obligation of funds appro7 priated under this heading, a report on the proposed uses 

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

9 basis for each proposed program, project, or activity: Pro10 vided further, That up to $10,000,000 of the funds appro11 priated under this heading should be made available for 

12 demand reduction programs: Provided further, That of the 

13 funds appropriated under this heading, not more than 

14 $26,117,000 may be available for administrative expenses. 

15 ANDEAN COUNTERDRUG INITIATIVE

16 For necessary expenses to carry out section 481 of 

17 the Foreign Assistance Act of 1961 to support 

18 counterdrug activities in the Andean region of South 

19 America, $731,000,000, to remain available until Sep20 tember 30, 2007: Provided, That in fiscal year 2005, 

21 funds available to the Department of State for assistance 

22 to the Government of Colombia shall be available to sup23 port a unified campaign against narcotics trafficking, 

24 against activities by organizations designated as terrorist 

25 organizations such as the Revolutionary Armed Forces of 

26 Colombia (FARC), the National Liberation Army (ELN), 
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1 and the United Self-Defense Forces of Colombia (AUC), 

2 and to take actions to protect human health and welfare 

3 in emergency circumstances, including undertaking rescue 

4 operations: Provided further, That this authority shall 

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

6 evidence that the Colombian Armed Forces are not con7 ducting vigorous operations to restore government author8 ity and respect for human rights in areas under the effec9 tive control of paramilitary and guerrilla organizations: 

10 Provided further, That the President shall ensure that if 

11 any helicopter procured with funds under this heading is 

12 used to aid or abet the operations of any illegal self-de13 fense group or illegal security cooperative, such helicopter 

14 shall be immediately returned to the United States: Pro15 vided further, That none of the funds appropriated by this 

16 Act may be made available to support a Peruvian air inter17 diction program until the Secretary of State and Director 

18 of Central Intelligence certify to the Congress, 30 days 

19 before any resumption of United States involvement in a 

20 Peruvian air interdiction program, that an air interdiction 

21 program that permits the ability of the Peruvian Air Force 

22 to shoot down aircraft will include enhanced safeguards 

23 and procedures to prevent the occurrence of any incident 

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

25 That the Secretary of State, in consultation with the Ad-
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HR 4818 PP 

1 ministrator of the United States Agency for International 

2 Development, shall provide to the Committees on Appro3 priations not later than 45 days after the date of the en4 actment of this Act and prior to the initial obligation of 

5 funds appropriated under this heading, a report on the 

6 proposed uses of all funds under this heading on a coun7 try-by-country basis for each proposed program, project, 

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

9 Foreign Assistance Act of 1961 shall not apply to funds 

10 appropriated under this heading: Provided further, That 

11 assistance provided with funds appropriated under this 

12 heading that is made available notwithstanding section 

13 482(b) of the Foreign Assistance Act of 1961 shall be 

14 made available subject to the regular notification proce15 dures of the Committees on Appropriations: Provided fur16 ther, That no United States Armed Forces personnel or 

17 United States civilian contractor employed by the United 

18 States will participate in any combat operation in connec19 tion with assistance made available by this Act for Colom20 bia: Provided further, That of the funds appropriated 

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

22 available for administrative expenses of the Department 

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

24 in addition to amounts otherwise available for such pur-
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1 poses, for administrative expenses of the United States 

2 Agency for International Development. 

3 MIGRATION AND REFUGEE ASSISTANCE

4 For expenses, not otherwise provided for, necessary 

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

6 by law, a contribution to the International Committee of 

7 the Red Cross, assistance to refugees, including contribu8 tions to the International Organization for Migration and 

9 the United Nations High Commissioner for Refugees, and 

10 other activities to meet refugee and migration needs; sala11 ries and expenses of personnel and dependents as author12 ized by the Foreign Service Act of 1980; allowances as 

13 authorized by sections 5921 through 5925 of title 5, 

14 United States Code; purchase and hire of passenger motor 

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

16 5, United States Code, $756,000,000, which shall remain 

17 available until expended: Provided, That not more than 

18 $21,000,000 may be available for administrative expenses: 

19 Provided further, That funds appropriated under this 

20 heading may be made available for a headquarters con21 tribution to the International Committee of the Red Cross 

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

23 to the appropriate committees of Congress) that the 

24 Magen David Adom Society of Israel is not being denied 

25 participation in the activities of the International Red 

26 Cross and Red Crescent Movement. 
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1 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

2 ASSISTANCE FUND

3 For necessary expenses to carry out the provisions 

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

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

6 $20,000,000, to remain available until expended. 

7 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

8 RELATED PROGRAMS

9 For necessary expenses for nonproliferation, anti-ter10 rorism, demining and related programs and activities, 

11 $382,000,000, to carry out the provisions of chapter 8 of 

12 part II of the Foreign Assistance Act of 1961 for anti13 terrorism assistance, chapter 9 of part II of the Foreign 

14 Assistance Act of 1961, section 504 of the FREEDOM 

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

16 or the Foreign Assistance Act of 1961 for demining activi17 ties, the clearance of unexploded ordnance, the destruction 

18 of small arms, and related activities, notwithstanding any 

19 other provision of law, including activities implemented 

20 through nongovernmental and international organizations, 

21 and section 301 of the Foreign Assistance Act of 1961 

22 for a voluntary contribution to the International Atomic 

23 Energy Agency (IAEA), and for a United States contribu24 tion to the Comprehensive Nuclear Test Ban Treaty Pre25 paratory Commission: Provided, That of this amount not 

26 to exceed $30,000,000, to remain available until expended, 
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1 may be made available for the Nonproliferation and Disar2 mament Fund, notwithstanding any other provision of 

3 law, to promote bilateral and multilateral activities relat4 ing to nonproliferation and disarmament: Provided further,

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

6 than the Independent States of the former Soviet Union 

7 and international organizations when it is in the national 

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

9 further, That funds appropriated under this heading may 

10 be made available for the International Atomic Energy 

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

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

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

14 Provided further, That of the funds made available for 

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

16 in addition to funds otherwise available for such purposes, 

17 may be used for administrative expenses related to the op18 eration and management of the demining program: Pro19 vided further, That funds appropriated under this heading 

20 shall be made available for programs and countries in the 

21 amounts contained in the table included in the report ac22 companying this Act: Provided further, That any proposed 

23 increases or decreases to the amounts contained in such 

24 table shall be subject to the regular notification procedures 

25 of the Committees on Appropriations and section 634A 
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1 of the Foreign Assistance Act of 1961 and notifications 

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

3 obligation of funds. 

4 DEPARTMENT OF THE TREASURY

5 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

6 For necessary expenses to carry out the provisions 

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

8 $19,000,000, to remain available until September 30, 

9 2007, which shall be available notwithstanding any other 

10 provision of law. 

11 DEBT RESTRUCTURING

12 For the cost, as defined in section 502 of the Con13 gressional Budget Act of 1974, of modifying loans and 

14 loan guarantees, as the President may determine, for 

15 which funds have been appropriated or otherwise made 

16 available for programs within the International Affairs 

17 Budget Function 150, including the cost of selling, reduc18 ing, or canceling amounts owed to the United States as 

19 a result of concessional loans made to eligible countries, 

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

21 of 1961, and of modifying concessional credit agreements 

22 with least developed countries, as authorized under section 

23 411 of the Agricultural Trade Development and Assist24 ance Act of 1954, as amended, and concessional loans, 

25 guarantees and credit agreements, as authorized under 

26 section 572 of the Foreign Operations, Export Financing, 
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1 and Related Programs Appropriations Act, 1989 (Public 

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

3 of loans or guarantees made pursuant to the Export-Im4 port Bank Act of 1945, by countries that are eligible for 

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

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

7 $105,000,000, to remain available until September 30, 

8 2007: Provided, That not less than $20,000,000 of the 

9 funds appropriated under this heading shall be made avail10 able to carry out the provisions of part V of the Foreign 

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

12 $75,000,000 of the funds appropriated under this heading 

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

14 the Heavily Indebted Poor Countries (HIPC) Trust Fund 

15 administered by the International Bank for Reconstruc16 tion and Development amounts for the benefit of countries 

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

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

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

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

21 reduction under the enhanced HIPC initiative by—

22 (1) the Inter-American Development Bank; 

23 (2) the African Development Fund; 

24 (3) the African Development Bank; and 
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1 (4) the Central American Bank for Economic 

2 Integration: 

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

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

5 of State has credible evidence that the government of such 

6 country is engaged in a consistent pattern of gross viola7 tions of internationally recognized human rights or in mili8 tary or civil conflict that undermines its ability to develop 

9 and implement measures to alleviate poverty and to devote 

10 adequate human and financial resources to that end: Pro11 vided further, That on the basis of final appropriations, 

12 the Secretary of the Treasury shall consult with the Com13 mittees on Appropriations concerning which countries and 

14 international financial institutions are expected to benefit 

15 from a United States contribution to the HIPC Trust 

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

17 Secretary of the Treasury shall inform the Committees on 

18 Appropriations not less than 15 days in advance of the 

19 signature of an agreement by the United States to make 

20 payments to the HIPC Trust Fund of amounts for such 

21 countries and institutions: Provided further, That the Sec22 retary of the Treasury may disburse funds designated for 

23 debt reduction through the HIPC Trust Fund only for the 

24 benefit of countries that—
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1 (1) have committed, for a period of 24 months, 

2 not to accept new market-rate loans from the inter3 national financial institution receiving debt repay4 ment as a result of such disbursement, other than 

5 loans made by such institutions to export-oriented 

6 commercial projects that generate foreign exchange 

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

8 and 

9 (2) have documented and demonstrated their 

10 commitment to redirect their budgetary resources 

11 from international debt repayments to programs to 

12 alleviate poverty and promote economic growth that 

13 are additional to or expand upon those previously 

14 available for such purposes: 

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

16 section 411 of the Agricultural Trade Development and 

17 Assistance Act of 1954 shall not apply to funds appro18 priated under this heading: Provided further, That none 

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

20 any other appropriations Act shall be made available for 

21 Sudan or Burma unless the Secretary of the Treasury de22 termines and notifies the Committees on Appropriations 

23 that a democratically elected government has taken office: 

24 Provided further, That none of the funds appropriated 

25 under this heading may be paid to the HIPC Trust Fund 
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1 for the benefit of any country that has accepted loans from 

2 an international financial institution between such coun3 try’s decision point and completion point: Provided further,

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

5 shall have the same meaning as defined by the Inter6 national Monetary Fund. 

7 TITLE III—MILITARY ASSISTANCE 

8 FUNDS APPROPRIATED TO THE PRESIDENT

9 INTERNATIONAL MILITARY EDUCATION AND TRAINING

10 For necessary expenses to carry out the provisions 

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

12 $89,730,000, of which up to $3,000,000 may remain 

13 available until expended: Provided, That the civilian per14 sonnel for whom military education and training may be 

15 provided under this heading may include civilians who are 

16 not members of a government whose participation would 

17 contribute to improved civil-military relations, civilian con18 trol of the military, or respect for human rights: Provided 

19 further, That funds appropriated under this heading for 

20 military education and training for Guatemala may only 

21 be available for expanded international military education 

22 and training, and funds made available for Nigeria and 

23 Guatemala may only be provided through the regular noti24 fication procedures of the Committees on Appropriations. 
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HR 4818 PP 

1 FOREIGN MILITARY FINANCING PROGRAM

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses necessary for grants to enable the 

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

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

6 of the funds appropriated under this heading, not less 

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

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

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

10 the funds appropriated by this paragraph for Israel shall 

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

12 or by October 31, 2004, whichever is later: Provided fur13 ther, That to the extent that the Government of Israel re14 quests that funds be used for such purposes, grants made 

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

16 Israel and the United States, be available for advanced 

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

18 shall be available for the procurement in Israel of defense 

19 articles and defense services, including research and devel20 opment: Provided further, That in addition to the funds 

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

22 assistance for Pakistan may be derived by transfer from 

23 unobligated balances of funds appropriated under the 

24 headings ‘‘Economic Support Fund’’ and ‘‘Foreign Mili25 tary Financing Program’’ in prior appropriations Acts and 

26 not otherwise designated in those Acts for a specific coun-
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HR 4818 PP 

1 try, use, or purpose: Provided further, That funds appro2 priated or otherwise made available by this paragraph 

3 shall be nonrepayable notwithstanding any requirement in 

4 section 23 of the Arms Export Control Act: Provided fur5 ther, That funds made available under this paragraph 

6 shall be obligated upon apportionment in accordance with 

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

8 1501(a). 

9 None of the funds made available under this heading 

10 shall be available to finance the procurement of defense 

11 articles, defense services, or design and construction serv12 ices that are not sold by the United States Government 

13 under the Arms Export Control Act unless the foreign 

14 country proposing to make such procurements has first 

15 signed an agreement with the United States Government 

16 specifying the conditions under which such procurements 

17 may be financed with such funds: Provided, That all coun18 try and funding level increases in allocations shall be sub19 mitted through the regular notification procedures of sec20 tion 515 of this Act: Provided further, That none of the 

21 funds appropriated under this heading shall be available 

22 for assistance for Sudan, Indonesia and Guatemala: Pro23 vided further, That funds made available under this head24 ing may be used, notwithstanding any other provision of 

25 law, for demining, the clearance of unexploded ordnance, 
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1 and related activities, and may include activities imple2 mented through nongovernmental and international orga3 nizations: Provided further, That the authority contained 

4 in the previous proviso or any other provision of law relat5 ing to the use of funds for programs under this heading, 

6 including provisions contained in previously enacted ap7 propriations Acts, shall not apply to activities relating to 

8 the clearance of unexploded ordnance resulting from 

9 United States Armed Forces testing or training exercises: 

10 Provided further, That the previous proviso shall not apply 

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

12 That only those countries for which assistance was justi13 fied for the ‘‘Foreign Military Sales Financing Program’’ 

14 in the fiscal year 1989 congressional presentation for secu15 rity assistance programs may utilize funds made available 

16 under this heading for procurement of defense articles, de17 fense services or design and construction services that are 

18 not sold by the United States Government under the Arms 

19 Export Control Act: Provided further, That funds appro20 priated under this heading shall be expended at the min21 imum rate necessary to make timely payment for defense 

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

23 $40,500,000 of the funds appropriated under this heading 

24 may be obligated for necessary expenses, including the 

25 purchase of passenger motor vehicles for replacement only 
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1 for use outside of the United States, for the general costs 

2 of administering military assistance and sales: Provided 

3 further, That not more than $367,000,000 of funds real4 ized pursuant to section 21(e)(1)(A) of the Arms Export 

5 Control Act may be obligated for expenses incurred by the 

6 Department of Defense during fiscal year 2005 pursuant 

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

8 that this limitation may be exceeded only through the reg9 ular notification procedures of the Committees on Appro10 priations: Provided further, That foreign military financing 

11 program funds estimated to be outlayed for Egypt during 

12 fiscal year 2005 shall be transferred to an interest bearing 

13 account for Egypt in the Federal Reserve Bank of New 

14 York within 30 days of enactment of this Act or by Octo15 ber 31, 2004, whichever is later. 

16 PEACEKEEPING OPERATIONS

17 For necessary expenses to carry out the provisions 

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

19 $104,000,000: Provided, That none of the funds appro20 priated under this heading shall be obligated or expended 

21 except as provided through the regular notification proce22 dures of the Committees on Appropriations. 
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1 TITLE IV—MULTILATERAL ECONOMIC 

2 ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL FINANCIAL INSTITUTIONS

5 GLOBAL ENVIRONMENT FACILITY

6 For the United States contribution for the Global En7 vironment Facility, $107,500,000 to the International 

8 Bank for Reconstruction and Development as trustee for 

9 the Global Environment Facility, by the Secretary of the 

10 Treasury, to remain available until expended. 

11 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

12 ASSOCIATION

13 For payment to the International Development Asso14 ciation by the Secretary of the Treasury, $850,000,000, 

15 to remain available until expended. 

16 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

17 MULTILATERAL INVESTMENT FUND

18 For payment to the Enterprise for the Americas Mul19 tilateral Investment Fund by the Secretary of the Treas20 ury, for the United States contribution to the fund, 

21 $25,000,000, to remain available until expended. 

22 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

23 For the United States contribution by the Secretary 

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

25 Development Fund, as authorized by the Asian Develop-
47

HR 4818 PP 

1 ment Bank Act, as amended, $112,212,465, to remain 

2 available until expended. 

3 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

4 For payment to the African Development Bank by 

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

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

7 remain available until expended. 

8 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

9 The United States Governor of the African Develop10 ment Bank may subscribe without fiscal year limitation 

11 for the callable capital portion of the United States share 

12 of such capital stock in an amount not to exceed 

13 $79,532,933. 

14 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

15 For the United States contribution by the Secretary 

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

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

18 until expended. 

19 CONTRIBUTION TO THE EUROPEAN BANK FOR

20 RECONSTRUCTION AND DEVELOPMENT

21 For payment to the European Bank for Reconstruc22 tion and Development by the Secretary of the Treasury, 

23 $35,431,111 for the United States share of the paid-in 

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

25 until expended: Provided, That funds appropriated under 

26 this heading shall be subject to the regular notification 
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1 procedures of the Committees on Appropriations and shall 

2 be transmitted at least 15 days in advance of the obliga3 tion of funds. 

4 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

5 The United States Governor of the European Bank 

6 for Reconstruction and Development may subscribe with7 out fiscal year limitation to the callable capital portion of 

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

9 not to exceed $121,996,662. 

10 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

11 AGRICULTURAL DEVELOPMENT

12 For the United States contribution by the Secretary 

13 of the Treasury to increase the resources of the Inter14 national Fund for Agricultural Development, 

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

16 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

17 For necessary expenses to carry out the provisions 

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

19 of section 2 of the United Nations Environment Program 

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

21 none of the funds appropriated under this heading may 

22 be made available to the International Atomic Energy 

23 Agency (IAEA). 
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1 TITLE V—GENERAL PROVISIONS 

2 COMPENSATION FOR UNITED STATES EXECUTIVE

3 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

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

5 be made as payment to any international financial institu6 tion while the United States Executive Director to such 

7 institution is compensated by the institution at a rate 

8 which, together with whatever compensation such Director 

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

10 provided for an individual occupying a position at level IV 

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

12 United States Code, or while any alternate United States 

13 Director to such institution is compensated by the institu14 tion at a rate in excess of the rate provided for an indi15 vidual occupying a position at level V of the Executive 

16 Schedule under section 5316 of title 5, United States 

17 Code. 

18 (b) For purposes of this section, ‘‘international finan19 cial institutions’’ are: the International Bank for Recon20 struction and Development, the Inter-American Develop21 ment Bank, the Asian Development Bank, the Asian De22 velopment Fund, the African Development Bank, the Afri23 can Development Fund, the International Monetary Fund, 

24 the North American Development Bank, and the Euro25 pean Bank for Reconstruction and Development. 
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1 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO

2 UNITED NATIONS AGENCIES

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

4 may be made available to pay any voluntary contribution 

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

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

8 States persons. 

9 LIMITATION ON RESIDENCE EXPENSES

10 SEC. 503. Of the funds appropriated or made avail11 able pursuant to this Act, not to exceed $100,500 shall 

12 be for official residence expenses of the United States 

13 Agency for International Development during the current 

14 fiscal year: Provided, That appropriate steps shall be 

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

16 United States-owned foreign currencies are utilized in lieu 

17 of dollars. 

18 LIMITATION ON EXPENSES

19 SEC. 504. Of the funds appropriated or made avail20 able pursuant to this Act, not to exceed $5,000 shall be 

21 for entertainment expenses of the United States Agency 

22 for International Development during the current fiscal 

23 year. 

24 LIMITATION ON REPRESENTATIONAL ALLOWANCES

25 SEC. 505. Of the funds appropriated or made avail26 able pursuant to this Act, not to exceed $125,000 shall 
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1 be available for representation allowances for the United 

2 States Agency for International Development during the 

3 current fiscal year: Provided, That appropriate steps shall 

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

5 United States-owned foreign currencies are utilized in lieu 

6 of dollars: Provided further, That of the funds made avail7 able by this Act for general costs of administering military 

8 assistance and sales under the heading ‘‘Foreign Military 

9 Financing Program’’, not to exceed $4,000 shall be avail10 able for entertainment expenses and not to exceed 

11 $130,000 shall be available for representation allowances: 

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

13 Act under the heading ‘‘International Military Education 

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

15 for entertainment allowances: Provided further, That of 

16 the funds made available by this Act for the Inter-Amer17 ican Foundation, not to exceed $2,000 shall be available 

18 for entertainment and representation allowances: Provided 

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

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

21 available for entertainment expenses: Provided further,

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

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

24 $4,000 shall be available for representation and entertain25 ment allowances: Provided further, That of the funds made 
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1 available by this Act under the heading ‘‘Millennium Chal2 lenge Corporation’’, not to exceed $130,000 shall be avail3 able for representation and entertainment allowances. 

4 PROHIBITION ON TAXATION OF UNITED STATES

5 ASSISTANCE

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

7 the funds appropriated by this Act may be made available 

8 to provide assistance for a foreign country under a new 

9 bilateral agreement governing the terms and conditions 

10 under which such assistance is to be provided unless such 

11 agreement includes a provision stating that assistance pro12 vided by the United States shall be exempt from taxation, 

13 or reimbursed, by the foreign government, and the Sec14 retary of State shall expeditiously seek to negotiate 

15 amendments to existing bilateral agreements, as nec16 essary, to conform with this requirement. 

17 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 

18 amount equivalent to 200 percent of the total taxes as19 sessed during fiscal year 2005 on funds appropriated by 

20 this Act by a foreign government or entity against com21 modities financed under United States assistance pro22 grams for which funds are appropriated by this Act, either 

23 directly or through grantees, contractors and subcontrac24 tors shall be withheld from obligation from funds appro25 priated for assistance for fiscal year 2006 and allocated 

26 for the central government of such country and for the 
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1 West Bank and Gaza Program to the extent that the Sec2 retary of State certifies and reports in writing to the Com3 mittees on Appropriations that such taxes have not been 

4 reimbursed to the Government of the United States. 

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

6 minimis nature shall not be subject to the provisions of 

7 subsection (b). 

8 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

9 from obligation for each country or entity pursuant to sub10 section (b) shall be reprogrammed for assistance to coun11 tries which do not assess taxes on United States assistance 

12 or which have an effective arrangement that is providing 

13 substantial reimbursement of such taxes. 

14 (e) DETERMINATIONS.—

15 (1) The provisions of this section shall not 

16 apply to any country or entity the Secretary of State 

17 determines—

18 (A) does not assess taxes on United States 

19 assistance or which has an effective arrange20 ment that is providing substantial reimburse21 ment of such taxes; or 

22 (B) the foreign policy interests of the 

23 United States outweigh the policy of this sec24 tion to ensure that United States assistance is 

25 not subject to taxation. 
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1 (2) The Secretary of State shall consult with 

2 the Committees on Appropriations at least 15 days 

3 prior to exercising the authority of this subsection 

4 with regard to any country or entity. 

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

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

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

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

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

11 value added taxes and customs duties imposed on 

12 commodities financed with United States assistance 

13 for programs for which funds are appropriated by 

14 this Act; and 

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

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

18 the country receiving assistance that describes the 

19 privileges and immunities applicable to United 

20 States foreign assistance for such country generally, 

21 or an individual agreement between the Government 

22 of the United States and such government that de23 scribes, among other things, the treatment for tax 

24 purposes that will be accorded the United States as25 sistance provided under that agreement. 
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1 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

2 COUNTRIES

3 SEC. 507. None of the funds appropriated or other4 wise made available pursuant to this Act shall be obligated 

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

8 on obligations or expenditures shall include direct loans, 

9 credits, insurance and guarantees of the Export-Import 

10 Bank or its agents. 

11 MILITARY COUPS

12 SEC. 508. None of the funds appropriated or other13 wise made available pursuant to this Act shall be obligated 

14 or expended to finance directly any assistance to the gov15 ernment of any country whose duly elected head of govern16 ment is deposed by decree or military coup: Provided, That 

17 assistance may be resumed to such government if the 

18 President determines and certifies to the Committees on 

19 Appropriations that subsequent to the termination of as20 sistance a democratically elected government has taken of21 fice: Provided further, That the provisions of this section 

22 shall not apply to assistance to promote democratic elec23 tions or public participation in democratic processes: Pro24 vided further, That funds made available pursuant to the 

25 previous provisos shall be subject to the regular notifica26 tion procedures of the Committees on Appropriations. 
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1 TRANSFERS

2 SEC. 509. (a)(1) LIMITATION ON TRANSFERS BE3 TWEEN AGENCIES.—None of the funds made available by 

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

5 or instrumentality of the United States Government, ex6 cept pursuant to a transfer made by, or transfer authority 

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

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

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

10 funds appropriated by this Act to carry out the purposes 

11 of the Foreign Assistance Act of 1961 may be allocated 

12 or transferred to agencies of the United States Govern13 ment pursuant to the provisions of sections 109, 610, and 

14 632 of the Foreign Assistance Act of 1961. 

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

16 funds made available by this Act may be obligated under 

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

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

20 to the exercise of any authority contained in the Foreign 

21 Assistance Act of 1961 to transfer funds, consults with 

22 and provides a written policy justification to the Commit23 tees on Appropriations of the House of Representatives 

24 and the Senate. 
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1 (c) AUDIT OF INTER-AGENCY TRANSFERS.—Any 

2 agreement for the transfer or allocation of funds appro3 priated by this Act, or prior Acts, entered into between 

4 the United States Agency for International Development 

5 and another agency of the United States Government 

6 under the authority of section 632(a) of the Foreign As7 sistance Act of 1961 or any comparable provision of law, 

8 shall expressly provide that the Office of the Inspector 

9 General for the agency receiving the transfer or allocation 

10 of such funds shall perform periodic program and financial 

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

12 transferred under such authority may be made available 

13 for the cost of such audits. 

14 COMMERCIAL LEASING OF DEFENSE ARTICLES

15 SEC. 510. Notwithstanding any other provision of 

16 law, and subject to the regular notification procedures of 

17 the Committees on Appropriations, the authority of sec18 tion 23(a) of the Arms Export Control Act may be used 

19 to provide financing to Israel, Egypt and NATO and 

20 major non-NATO allies for the procurement by leasing 

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

22 articles from United States commercial suppliers, not in23 cluding Major Defense Equipment (other than helicopters 

24 and other types of aircraft having possible civilian applica25 tion), if the President determines that there are compel26 ling foreign policy or national security reasons for those 
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1 defense articles being provided by commercial lease rather 

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

3 AVAILABILITY OF FUNDS

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

5 this Act shall remain available for obligation after the ex6 piration of the current fiscal year unless expressly so pro7 vided in this Act: Provided, That funds appropriated for 

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

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

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

11 Control Act, and funds provided under the heading ‘‘As12 sistance for Eastern Europe and the Baltic States’’, shall 

13 remain available for an additional four years from the date 

14 on which the availability of such funds would otherwise 

15 have expired, if such funds are initially obligated before 

16 the expiration of their respective periods of availability 

17 contained in this Act: Provided further, That, notwith18 standing any other provision of this Act, any funds made 

19 available for the purposes of chapter 1 of part I and chap20 ter 4 of part II of the Foreign Assistance Act of 1961 

21 which are allocated or obligated for cash disbursements 

22 in order to address balance of payments or economic policy 

23 reform objectives, shall remain available until expended. 

24 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

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

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

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

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

4 government of such country by the United States pursuant 

5 to a program for which funds are appropriated under this 

6 Act unless the President determines, following consulta7 tions with the Committees on Appropriations, that assist8 ance to such country is in the national interest of the 

9 United States. 

10 COMMERCE AND TRADE

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

12 made available pursuant to this Act for direct assistance 

13 and none of the funds otherwise made available pursuant 

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

15 Private Investment Corporation shall be obligated or ex16 pended to finance any loan, any assistance or any other 

17 financial commitments for establishing or expanding pro18 duction of any commodity for export by any country other 

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

20 in surplus on world markets at the time the resulting pro21 ductive capacity is expected to become operative and if the 

22 assistance will cause substantial injury to United States 

23 producers of the same, similar, or competing commodity: 

24 Provided, That such prohibition shall not apply to the Ex25 port-Import Bank if in the judgment of its Board of Direc26 tors the benefits to industry and employment in the 
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1 United States are likely to outweigh the injury to United 

2 States producers of the same, similar, or competing com3 modity, and the Chairman of the Board so notifies the 

4 Committees on Appropriations. 

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

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

7 Assistance Act of 1961 shall be available for any testing 

8 or breeding feasibility study, variety improvement or intro9 duction, consultancy, publication, conference, or training 

10 in connection with the growth or production in a foreign 

11 country of an agricultural commodity for export which 

12 would compete with a similar commodity grown or pro13 duced in the United States: Provided, That this subsection 

14 shall not prohibit—

15 (1) activities designed to increase food security 

16 in developing countries where such activities will not 

17 have a significant impact on the export of agricul18 tural commodities of the United States; or 

19 (2) research activities intended primarily to 

20 benefit American producers. 

21 SURPLUS COMMODITIES

22 SEC. 514. The Secretary of the Treasury shall in23 struct the United States Executive Directors of the Inter24 national Bank for Reconstruction and Development, the 

25 International Development Association, the International 

26 Finance Corporation, the Inter-American Development 
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1 Bank, the International Monetary Fund, the Asian Devel2 opment Bank, the Inter-American Investment Corpora3 tion, the North American Development Bank, the Euro4 pean Bank for Reconstruction and Development, the Afri5 can Development Bank, and the African Development 

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

7 oppose any assistance by these institutions, using funds 

8 appropriated or made available pursuant to this Act, for 

9 the production or extraction of any commodity or mineral 

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

11 assistance will cause substantial injury to United States 

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

13 NOTIFICATION REQUIREMENTS

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

15 branch with the necessary administrative flexibility, none 

16 of the funds made available under this Act for ‘‘Child Sur17 vival and Health Programs Fund’’, ‘‘Development Assist18 ance’’, ‘‘International Organizations and Programs’’, 

19 ‘‘Trade and Development Agency’’, ‘‘International Nar20 cotics Control and Law Enforcement’’, ‘‘Andean 

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

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

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

24 Fund’’, ‘‘Global HIV/AIDS Initiative’’, ‘‘Peacekeeping 

25 Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Ex26 penses of the United States Agency for International De-
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1 velopment’’, ‘‘Operating Expenses of the United States 

2 Agency for International Development Office of Inspector 

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

4 and Related Programs’’, ‘‘Millennium Challenge Corpora5 tion’’ (by country only), ‘‘Foreign Military Financing Pro6 gram’’, ‘‘International Military Education and Training’’, 

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

8 shall be available for obligation for activities, programs, 

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

10 operations not justified or in excess of the amount justi11 fied to the Committees on Appropriations for obligation 

12 under any of these specific headings unless the Commit13 tees on Appropriations of both Houses of Congress are 

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

15 President shall not enter into any commitment of funds 

16 appropriated for the purposes of section 23 of the Arms 

17 Export Control Act for the provision of major defense 

18 equipment, other than conventional ammunition, or other 

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

20 or combat vehicles, not previously justified to Congress or 

21 20 percent in excess of the quantities justified to Congress 

22 unless the Committees on Appropriations are notified 15 

23 days in advance of such commitment: Provided further, 

24 That this section shall not apply to any reprogramming 

25 for an activity, program, or project for which funds are 
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1 appropriated under title II of this Act of less than 10 per2 cent of the amount previously justified to the Congress 

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

4 current fiscal year: Provided further, That the require5 ments of this section or any similar provision of this Act 

6 or any other Act, including any prior Act requiring notifi7 cation in accordance with the regular notification proce8 dures of the Committees on Appropriations, may be 

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

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

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

12 appropriate congressional committees, shall be provided as 

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

14 taking the action to which such notification requirement 

15 was applicable, in the context of the circumstances neces16 sitating such waiver: Provided further, That any notifica17 tion provided pursuant to such a waiver shall contain an 

18 explanation of the emergency circumstances. 

19 LIMITATION ON AVAILABILITY OF FUNDS FOR

20 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

21 SEC. 516. Subject to the regular notification proce22 dures of the Committees on Appropriations, funds appro23 priated under this Act or any previously enacted Act mak24 ing appropriations for foreign operations, export financ25 ing, and related programs, which are returned or not made 

26 available for organizations and programs because of the 
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1 implementation of section 307(a) of the Foreign Assist2 ance Act of 1961, shall remain available for obligation 

3 until September 30, 2006. 

4 INDEPENDENT STATES OF THE FORMER SOVIET UNION

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

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

7 Former Soviet Union’’ shall be made available for assist8 ance for a government of an Independent State of the 

9 former Soviet Union—

10 (1) unless that government is making progress 

11 in implementing comprehensive economic reforms 

12 based on market principles, private ownership, re13 spect for commercial contracts, and equitable treat14 ment of foreign private investment; and 

15 (2) if that government applies or transfers 

16 United States assistance to any entity for the pur17 pose of expropriating or seizing ownership or control 

18 of assets, investments, or ventures.

19 Assistance may be furnished without regard to this sub20 section if the President determines that to do so is in the 

21 national interest. 

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

23 ‘‘Assistance for the Independent States of the Former So24 viet Union’’ shall be made available for assistance for a 

25 government of an Independent State of the former Soviet 
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1 Union if that government directs any action in violation 

2 of the territorial integrity or national sovereignty of any 

3 other Independent State of the former Soviet Union, such 

4 as those violations included in the Helsinki Final Act: Pro5 vided, That such funds may be made available without re6 gard to the restriction in this subsection if the President 

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

8 of the United States. 

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

10 ‘‘Assistance for the Independent States of the Former So11 viet Union’’ shall be made available for any state to en12 hance its military capability: Provided, That this restric13 tion does not apply to demilitarization, demining or non14 proliferation programs. 

15 (d) Funds appropriated under the heading ‘‘Assist16 ance for the Independent States of the Former Soviet 

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

18 and Ukraine shall be subject to the regular notification 

19 procedures of the Committees on Appropriations. 

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

21 for the Independent States of the former Soviet Union 

22 shall be subject to the provisions of section 117 (relating 

23 to environment and natural resources) of the Foreign As24 sistance Act of 1961. 
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1 (f) In issuing new task orders, entering into con2 tracts, or making grants, with funds appropriated in this 

3 Act or prior appropriations Acts under the heading ‘‘As4 sistance for the Independent States of the Former Soviet 

5 Union’’ and under comparable headings in prior appro6 priations Acts, for projects or activities that have as one 

7 of their primary purposes the fostering of private sector 

8 development, the Coordinator for United States Assistance 

9 to Europe and Eurasia and the implementing agency shall 

10 encourage the participation of and give significant weight 

11 to contractors and grantees who propose investing a sig12 nificant amount of their own resources (including volun13 teer services and in-kind contributions) in such projects 

14 and activities. 

15 PROHIBITION ON FUNDING FOR ABORTIONS AND

16 INVOLUNTARY STERILIZATION

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

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

19 amended, may be used to pay for the performance of abor20 tions as a method of family planning or to motivate or 

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

22 made available to carry out part I of the Foreign Assist23 ance Act of 1961, as amended, may be used to pay for 

24 the performance of involuntary sterilization as a method 

25 of family planning or to coerce or provide any financial 

26 incentive to any person to undergo sterilizations. None of 
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1 the funds made available to carry out part I of the Foreign 

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

3 for any biomedical research which relates in whole or in 

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

5 involuntary sterilization as a means of family planning. 

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

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

8 obligated or expended for any country or organization if 

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

10 such country or organization would violate any of the 

11 above provisions related to abortions and involuntary steri12 lizations. 

13 EXPORT FINANCING TRANSFER AUTHORITIES

14 SEC. 519. Not to exceed 5 percent of any appropria15 tion other than for administrative expenses made available 

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

17 Act may be transferred between such appropriations for 

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

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

20 but no such appropriation, except as otherwise specifically 

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

22 any such transfer: Provided, That the exercise of such au23 thority shall be subject to the regular notification proce24 dures of the Committees on Appropriations. 
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1 SPECIAL NOTIFICATION REQUIREMENTS

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

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

4 or Zimbabwe except as provided through the regular noti5 fication procedures of the Committees on Appropriations. 

6 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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

8 project, and activity’’ shall be defined at the appropria9 tions Act account level and shall include all appropriations 

10 and authorizations Acts earmarks, ceilings, and limita11 tions with the exception that for the following accounts: 

12 Economic Support Fund and Foreign Military Financing 

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

14 considered to include country, regional, and central pro15 gram level funding within each such account; for the devel16 opment assistance accounts of the United States Agency 

17 for International Development ‘‘program, project, and ac18 tivity’’ shall also be considered to include central, country, 

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

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

21 in accordance with a report, to be provided to the Commit22 tees on Appropriations within 30 days of the enactment 

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

24 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’’.

13 That the following sums are appropriated, out of any 

14 money in the Treasury not otherwise appropriated, for the 

15 fiscal year ending September 30, 2005, and for other pur16 poses, namely: 

17 TITLE I—EXPORT AND INVESTMENT ASSISTANCE 

18 EXPORT-IMPORT BANK OF THE UNITED STATES

19 INSPECTOR GENERAL OF THE EXPORT-IMPORTBANK

20 For necessary expenses of the Office of Inspector Gen21 eral in carrying out the provisions of the Inspector General 

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

23 EXPORT-IMPORTBANK LOANS PROGRAM ACCOUNT

24 The Export-Import Bank of the United States is au25 thorized to make such expenditures within the limits of 

26 funds and borrowing authority available to such corpora-
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1 tion, and in accordance with law, and to make such con2 tracts and commitments without regard to fiscal year limi3 tations, as provided by section 104 of the Government Cor4 poration Control Act, as may be necessary in carrying out 

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

6 Provided, That none of the funds available during the cur7 rent fiscal year may be used to make expenditures, con8 tracts, or commitments for the export of nuclear equipment, 

9 fuel, or technology to any country, other than a nuclear10 weapon state as defined in Article IX of the Treaty on the 

11 Non-Proliferation of Nuclear Weapons eligible to receive 

12 economic or military assistance under this Act, that has 

13 detonated a nuclear explosive after the date of the enactment 

14 of this Act: Provided further, That notwithstanding section 

15 1(c) of Public Law 103–428, as amended, sections 1(a) and 

16 (b) of Public Law 103–428 shall remain in effect through 

17 October 1, 2005. 

18 SUBSIDY APPROPRIATION

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

20 and tied-aid grants as authorized by section 10 of the Ex21 port-Import Bank Act of 1945, as amended, $115,700,000, 

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

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

24 shall be as defined in section 502 of the Congressional Budg25 et Act of 1974: Provided further, That such sums shall re26 main available until September 30, 2023 for the disburse-
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1 ment of direct loans, loan guarantees, insurance and tied2 aid grants obligated in fiscal years 2005, 2006, 2007, and 

3 2008: Provided further, That none of the funds appro4 priated by this Act or any prior Act appropriating funds 

5 for foreign operations, export financing, and related pro6 grams for tied-aid credits or grants may be used for any 

7 other purpose except through the regular notification proce8 dures of the Committees on Appropriations: Provided fur9 ther, That funds appropriated by this paragraph are made 

10 available notwithstanding section 2(b)(2) of the Export-Im11 port Bank Act of 1945, in connection with the purchase 

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

13 any Baltic State or any agency or national thereof: Pro14 vided further, That not later than 30 days after the date 

15 of enactment of this Act, the Export-Import Bank shall sub16 mit a report to the Committees on Appropriations of the 

17 House of Representatives and the Senate, containing an 

18 analysis of the economic impact on United States producers 

19 of ethanol of the extension of credit and financial guaran20 tees for the development of an ethanol dehydration plant 

21 in Trinidad and Tobago, including a determination of 

22 whether such extension will cause substantial injury to such 

23 producers, as defined in section 2(e)(4) of the Export-Im24 port Bank Act of 1945 (12 U.S.C. 635(e)(4)): Provided fur25 ther, That the Export-Import Bank shall consult with the 
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1 Committees on Appropriations and the Senate Committee 

2 on Finance prior to extending direct credit or financial 

3 guarantee to establish or expand the production of indige4 nous products for export by a beneficiary country pursuant 

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

6 2703 note). 

7 ADMINISTRATIVE EXPENSES

8 For administrative expenses to carry out the direct 

9 and guaranteed loan and insurance programs, including 

10 hire of passenger motor vehicles and services as authorized 

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

12 reception and representation expenses for members of the 

13 Board of Directors, $73,200,000: Provided, That the Ex14 port-Import Bank may accept, and use, payment or services 

15 provided by transaction participants for legal, financial, 

16 or technical services in connection with any transaction for 

17 which an application for a loan, guarantee or insurance 

18 commitment has been made: Provided further, That, not19 withstanding subsection (b) of section 117 of the Export En20 hancement Act of 1992, subsection (a) thereof shall remain 

21 in effect until October 1, 2005. 

22 OVERSEAS PRIVATE INVESTMENT CORPORATION

23 NONCREDITACCOUNT

24 The Overseas Private Investment Corporation is au25 thorized to make, without regard to fiscal year limitations, 

26 as provided by 31 U.S.C. 9104, such expenditures and com-
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1 mitments within the limits of funds available to it and in 

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

3 the amount available for administrative expenses to carry 

4 out the credit and insurance programs (including an 

5 amount for official reception and representation expenses 

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

7 $42,885,000: Provided further, That project-specific trans8 action costs, including direct and indirect costs incurred 

9 in claims settlements, and other direct costs associated with 

10 services provided to specific investors or potential investors 

11 pursuant to section 234 of the Foreign Assistance Act of 

12 1961, shall not be considered administrative expenses for 

13 the purposes of this heading. 

14 PROGRAM ACCOUNT

15 For the cost of direct and guaranteed loans, 

16 $24,000,000, as authorized by section 234 of the Foreign 

17 Assistance Act of 1961, to be derived by transfer from the 

18 Overseas Private Investment Corporation Non-Credit Ac19 count: Provided, That such costs, including the cost of modi20 fying such loans, shall be as defined in section 502 of the 

21 Congressional Budget Act of 1974: Provided further, That 

22 such sums shall be available for direct loan obligations and 

23 loan guaranty commitments incurred or made during fiscal 

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

25 shall remain available through fiscal year 2013 for the dis26 bursement of direct and guaranteed loans obligated in fiscal 
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1 year 2005, and through fiscal year 2014 for the disburse2 ment of direct and guaranteed loans obligated in fiscal year 

3 2006. 

4 In addition, such sums as may be necessary for admin5 istrative expenses to carry out the credit program may be 

6 derived from amounts available for administrative expenses 

7 to carry out the credit and insurance programs in the Over8 seas Private Investment Corporation Noncredit Account 

9 and merged with said account. 

10 FUNDS APPROPRIATED TO THE PRESIDENT

11 TRADE AND DEVELOPMENT AGENCY

12 For necessary expenses to carry out the provisions of 

13 section 661 of the Foreign Assistance Act of 1961, 

14 $49,000,000, to remain available until September 30, 2006. 

15 TITLE II—BILATERAL ECONOMIC ASSISTANCE 

16 FUNDS APPROPRIATED TO THE PRESIDENT

17 For expenses necessary to enable the President to carry 

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

19 and for other purposes, to remain available until September 

20 30, 2005, unless otherwise specified herein, as follows: 

21 UNITED STATES AGENCY FOR INTERNATIONAL

22 DEVELOPMENT

23 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary expenses to carry out the provisions of 

26 chapters 1 and 10 of part I of the Foreign Assistance Act 
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1 of 1961, for child survival, health, and family planning/

2 reproductive health activities, in addition to funds other3 wise available for such purposes, $1,550,000,000, to remain 

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

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

6 immunization programs; (2) oral rehydration programs; 

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

8 directly address the needs of mothers and children, and re9 lated education programs; (4) assistance for children dis10 placed or orphaned by causes other than AIDS; (5) pro11 grams for the prevention, treatment, control of, and research 

12 on HIV/AIDS, tuberculosis, polio, malaria, and other infec13 tious diseases, and for assistance to communities severely 

14 affected by HIV/AIDS, including children displaced or or15 phaned by AIDS; and (6) family planning/reproductive 

16 health: Provided further, That none of the funds appro17 priated under this heading may be made available for non18 project assistance, except that funds may be made available 

19 for such assistance for ongoing health activities: Provided 

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

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

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

23 provide oversight of child survival, maternal and family 

24 planning/reproductive health, and infectious disease pro25 grams: Provided further, That the following amounts should 
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1 be allocated as follows: $345,000,000 for child survival and 

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

3 $600,000,000 for HIV/AIDS including not less than 

4 $32,000,000 to support the development of microbicides as 

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

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

7 reproductive health, including in areas where population 

8 growth threatens biodiversity or endangered species: Pro9 vided further, That of the funds appropriated under this 

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

11 notwithstanding any other provision of law, except for the 

12 United States Leadership Against HIV/AIDS, Tuberculosis 

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

14 et seq.) as amended, for a United States contribution to the 

15 Global Fund to Fight AIDS, Tuberculosis and Malaria (the 

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

17 rate necessary to make timely payment for projects and ac18 tivities: Provided further, That of the funds appropriated 

19 under this heading that are available for HIV/AIDS pro20 grams and activities, not less than $28,000,000 should be 

21 made available for the International AIDS Vaccine Initia22 tive and not less than $28,000,000 should be made available 

23 for a United States contribution to UNAIDS: Provided fur24 ther, That of the funds appropriated under this heading, 

25 $65,000,000 should be made available for a United States 
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1 contribution to The Vaccine Fund, and up to $6,000,000 

2 may be transferred to and merged with funds appropriated 

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

4 United States Agency for International Development’’ for 

5 costs directly related to international health, but funds 

6 made available for such costs may not be derived from 

7 amounts made available for contribution under this and 

8 preceding provisos: Provided further, That restrictions with 

9 respect to assistance provided with funds appropriated by 

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

11 and health activities shall not be construed to restrict assist12 ance in support of programs to expand the availability and 

13 use of condoms for HIV/AIDS prevention and of contracep14 tives to reduce the incidence of abortion: Provided further, 

15 That nothing in this paragraph shall be construed to alter 

16 any existing statutory prohibitions against abortion under 

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

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

19 nor any unobligated balances from prior appropriations 

20 may be made available to any organization or program 

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

22 directly supports coercive abortion or involuntary steriliza23 tion: Provided further, That the previous proviso shall not 

24 be construed to deny funding to any organization or pro25 gram solely because the government of a country engages 
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1 in coercive abortion or involuntary sterilization: Provided 

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

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

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

5 any person to practice abortions: Provided further, That 

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

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

8 in order to reduce reliance on abortion in developing na9 tions, funds shall be available only to voluntary family 

10 planning projects which offer, either directly or through re11 ferral to, or information about access to, a broad range of 

12 family planning methods and services, and that any such 

13 voluntary family planning project shall meet the following 

14 requirements: (1) service providers or referral agents in the 

15 project shall not implement or be subject to quotas, or other 

16 numerical targets, of total number of births, number of fam17 ily planning acceptors, or acceptors of a particular method 

18 of family planning (this provision shall not be construed 

19 to include the use of quantitative estimates or indicators 

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

21 not include payment of incentives, bribes, gratuities, or fi22 nancial reward to: (A) an individual in exchange for be23 coming a family planning acceptor; or (B) program per24 sonnel for achieving a numerical target or quota of total 

25 number of births, number of family planning acceptors, or 
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1 acceptors of a particular method of family planning; (3) 

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

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

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

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

6 services; (4) the project shall provide family planning ac7 ceptors comprehensible information on the health benefits 

8 and risks of the method chosen, including those conditions 

9 that might render the use of the method inadvisable and 

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

11 of the method; and (5) the project shall ensure that experi12 mental contraceptive drugs and devices and medical proce13 dures are provided only in the context of a scientific study 

14 in which participants are advised of potential risks and 

15 benefits; and, not less than 60 days after the date on which 

16 the Administrator of the United States Agency for Inter17 national Development determines that there has been a vio18 lation of the requirements contained in paragraph (1), (2), 

19 (3), or (5) of this proviso, or a pattern or practice of viola20 tions of the requirements contained in paragraph (4) of this 

21 proviso, the Administrator shall submit to the Committees 

22 on Appropriations a report containing a description of such 

23 violation and the corrective action taken by the Agency: 

24 Provided further, That in awarding grants for natural fam25 ily planning under section 104 of the Foreign Assistance 
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1 Act of 1961 no applicant shall be discriminated against be2 cause of such applicant’s religious or conscientious commit3 ment to offer only natural family planning; and, addition4 ally, all such applicants shall comply with the requirements 

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

6 of this or any other Act authorizing or appropriating funds 

7 for foreign operations, export financing, and related pro8 grams, the term ‘‘motivate’’, as it relates to family planning 

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

10 consistent with local law, of information or counseling 

11 about all pregnancy options: Provided further, That infor12 mation provided about the use of condoms as part of 

13 projects or activities that are funded from amounts appro14 priated by this Act shall be medically accurate and shall 

15 include the public health benefits and failure rates of such 

16 use. 

17 DEVELOPMENTASSISTANCE

18 For necessary expenses of the United States Agency for 

19 International Development to carry out the provisions of 

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

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

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

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

24 that are managed by or allocated to the United States Agen25 cy for International Development’s Global Development 

26 Secretariat, may be made available except through the reg-
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1 ular notification procedures of the Committees on Appro2 priations: Provided further, That of the funds appropriated 

3 under this heading that are made available for assistance 

4 programs for displaced and orphaned children and victims 

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

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

7 provide oversight of such programs: Provided further, That 

8 of the aggregate amount of the funds appropriated by this 

9 Act that are made available for agriculture and rural devel10 opment programs, $40,000,000 shall be made available for 

11 plant biotechnology research and development: Provided 

12 further, That not less than $2,300,000 shall be made avail13 able for core support for the International Fertilizer Devel14 opment Center: Provided further, That of the funds appro15 priated under this heading, not less than $22,000,000 

16 should be made available for the American Schools and 

17 Hospitals Abroad program: Provided further, That of the 

18 funds appropriated under this heading, not less than 

19 $1,000,000 shall be made available for support of the United 

20 States Telecommunications Training Institute: Provided 

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

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

23 of the International Real Property Foundation: Provided 

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

25 not less than $5,000,000 should be made available for pilot 
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1 programs in the Democratic Republic of the Congo, Ugan2 da, Burundi, and Liberia to address sexual and gender3 based violence: Provided further, That of the funds appro4 priated under this heading, in addition to funds made 

5 available pursuant to the previous proviso, not less than 

6 $8,000,000 should be made available for assistance for Libe7 ria: Provided further, That of the funds appropriated under 

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

9 Missions International to develop clean water treatment 

10 projects in developing countries: Provided further, That of 

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

12 made available for drinking water supply projects and re13 lated activities. 

14 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

15 For necessary expenses of the United States Agency for 

16 International Development to carry out the provisions of 

17 section 491 of the Foreign Assistance Act of 1961 for inter18 national disaster relief, rehabilitation, and reconstruction 

19 assistance, $335,500,000, to remain available until ex20 pended. 

21 In addition, for necessary expenses for assistance for 

22 famine prevention and relief, including for mitigation of 

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

24 expended: Provided, That such funds shall be made avail25 able utilizing the general authorities of section 491 of the 

26 Foreign Assistance Act of 1961, and shall be in addition 
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1 to amounts otherwise available for such purposes: Provided 

2 further, That funds appropriated by this paragraph shall 

3 be available for obligation subject to prior consultation with 

4 the Committees on Appropriations. 

5 TRANSITION INITIATIVES

6 For necessary expenses for international disaster reha7 bilitation and reconstruction assistance pursuant to section 

8 491 of the Foreign Assistance Act of 1961, $50,000,000, to 

9 remain available until expended, to support transition to 

10 democracy and to long-term development of countries in cri11 sis: Provided, That such support may include assistance to 

12 develop, strengthen, or preserve democratic institutions and 

13 processes, revitalize basic infrastructure, and foster the 

14 peaceful resolution of conflict: Provided further, That the 

15 United States Agency for International Development shall 

16 submit a report to the Committees on Appropriations at 

17 least 5 days prior to beginning a new program of assist18 ance: Provided further, That if the President determines 

19 that is important to the national interests of the United 

20 States to provide transition assistance in excess of the 

21 amount appropriated under this heading, up to 

22 $15,000,000 of the funds appropriated by this Act to carry 

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

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

25 the authorities applicable to funds appropriated under this 

26 heading: Provided further, That funds made available pur-
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1 suant to the previous proviso shall be made available subject 

2 to prior consultation with the Committees on Appropria3 tions. 

4 DEVELOPMENTCREDITAUTHORITY

5 (INCLUDING TRANSFER OF FUNDS)

6 For the cost of direct loans and loan guarantees pro7 vided by the United States Agency for International Devel8 opment, as authorized by sections 108 and 635 of the For9 eign Assistance Act of 1961, funds may be derived by trans10 fer from funds appropriated by this Act to carry out part 

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

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

13 shall not exceed $21,000,000, which shall be made available 

14 only for micro and small enterprise programs, urban pro15 grams, and other programs which further the purposes of 

16 part I of the Act: Provided further, That such costs, includ17 ing the cost of modifying such direct and guaranteed loans, 

18 shall be as defined in section 502 of the Congressional Budg19 et Act of 1974, as amended: Provided further, That these 

20 funds are available to subsidize total loan principal, any 

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

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

23 (relating to general provisions applicable to the Develop24 ment Credit Authority) of the Foreign Assistance Act of 

25 1961, as contained in section 306 of H.R. 1486 as reported 

26 by the House Committee on International Relations on May 
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1 9, 1997, shall be applicable to direct loans and loan guaran2 tees provided under this heading: Provided further, That 

3 funds made available by this paragraph may be used for 

4 the cost of modifying any such guaranteed loans under this 

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

6 subject to the regular notification procedures of the Commit7 tees on Appropriations. 

8 In addition, for administrative expenses to carry out 

9 credit programs administered by the United States Agency 

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

11 transferred to and merged with the appropriation for Oper12 ating Expenses of the United States Agency for Inter13 national Development: Provided, That funds made avail14 able under this heading shall remain available until Sep15 tember 30, 2007. 

16 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

17 DISABILITY FUND

18 For payment to the ‘‘Foreign Service Retirement and 

19 Disability Fund’’, as authorized by the Foreign Service Act 

20 of 1980, $42,500,000. 

21 OPERATING EXPENSES OF THE UNITED STATES AGENCY

22 FOR INTERNATIONAL DEVELOPMENT

23 For necessary expenses to carry out the provisions of 

24 section 667 of the Foreign Assistance Act of 1961, 

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

26 available until September 30, 2006: Provided, That none 
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1 of the funds appropriated under this heading and under 

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

3 available to finance the construction (including architect 

4 and engineering services), purchase, or long-term lease of 

5 offices for use by the United States Agency for International 

6 Development, unless the Administrator has identified such 

7 proposed construction (including architect and engineering 

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

9 submitted to the Committees on Appropriations at least 15 

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

11 Provided further, That the previous proviso shall not apply 

12 where the total cost of construction (including architect and 

13 engineering services), purchase, or long-term lease of offices 

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

15 or agreements entered into with funds appropriated under 

16 this heading may entail commitments for the expenditure 

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

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

19 a new overseas mission of the United States Agency for 

20 International Development without the prior written notifi21 cation of the Committees on Appropriations: Provided fur22 ther, That the authority of sections 610 and 109 of the For23 eign Assistance Act of 1961 may be exercised by the Sec24 retary of State to transfer funds appropriated to carry out 

25 chapter 1 of part I of such Act to ‘‘Operating Expenses of 
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1 the United States Agency for International Development’’ 

2 in accordance with the provisions of those sections. 

3 CAPITAL INVESTMENT FUND

4 For necessary expenses for overseas construction and 

5 related costs, and for the procurement and enhancement of 

6 information technology and related capital investments, 

7 pursuant to section 667 of the Foreign Assistance Act of 

8 1961, $59,000,000, to remain available until expended: Pro9 vided, That this amount is in addition to funds otherwise 

10 available for such purposes: Provided further, That the Ad11 ministrator of the United States Agency for International 

12 Development shall assess fair and reasonable rental pay13 ments for the use of space by employees of other United 

14 States Government agencies in buildings constructed using 

15 funds appropriated under this heading, and such rental 

16 payments shall be deposited into this account as an offset17 ting collection: Provided further, That the rental payments 

18 collected pursuant to the previous proviso and deposited as 

19 an offsetting collection shall be available for obligation only 

20 pursuant to the regular notification procedures of the Com21 mittees on Appropriations: Provided further, That the as22 signment of United States Government employees or con23 tractors to space in buildings constructed using funds ap24 propriated under this heading shall be subject to the concur25 rence of the Administrator of the United States Agency for 

26 International Development: Provided further, That funds 
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1 appropriated under this heading shall be available for obli2 gation only pursuant to the regular notification procedures 

3 of the Committees on Appropriations. 

4 OPERATING EXPENSES OF THE UNITED STATES AGENCY

5 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN6 SPECTOR GENERAL

7 For necessary expenses to carry out the provisions of 

8 section 667 of the Foreign Assistance Act of 1961, 

9 $35,000,000, to remain available until September 30, 2006, 

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

11 General of the United States Agency for International De12 velopment. 

13 OTHER BILATERAL ECONOMIC ASSISTANCE

14 ECONOMIC SUPPORTFUND

15 For necessary expenses to carry out the provisions of 

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

17 until September 30, 2006: Provided, That of the funds ap18 propriated under this heading, not less than $360,000,000 

19 shall be available only for Israel, which sum shall be avail20 able on a grant basis as a cash transfer and shall be dis21 bursed within 30 days of the enactment of this Act or by 

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

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

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

25 of which sum cash transfer assistance shall be provided with 

26 the understanding that Egypt will undertake significant 
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1 economic and political reforms which are additional to 

2 those which were undertaken in previous fiscal years, and 

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

4 Commodity Import Program assistance: Provided further, 

5 That with respect to the provision of assistance for Egypt 

6 for democracy and governance activities, the organizations 

7 implementing such assistance and the specific nature of 

8 that assistance shall not be subject to the prior approval 

9 by the Government of Egypt: Provided further, That in ex10 ercising the authority to provide cash transfer assistance 

11 for Israel, the President shall ensure that the level of such 

12 assistance does not cause an adverse impact on the total 

13 level of nonmilitary exports from the United States to such 

14 country and that Israel enters into a side letter agreement 

15 in an amount proportional to the fiscal year 1999 agree16 ment: Provided further, That of the funds appropriated 

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

18 made available only for assistance for Jordan: Provided 

19 further, That funds appropriated under this heading shall 

20 be made available for administrative costs of the United 

21 States Agency for International Development to implement 

22 regional programs in Asia and the Near East, including 

23 the Middle East Partnership Initiative, in addition to 

24 amounts otherwise available for such purposes: Provided 

25 further, That $13,500,000 of the funds appropriated under 
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1 this heading shall be made available for Cyprus to be used 

2 only for scholarships, administrative support of the scholar3 ship program, bicommunal projects, and measures aimed 

4 at reunification of the island and designed to reduce ten5 sions and promote peace and cooperation between the two 

6 communities on Cyprus: Provided further, That 

7 $35,000,000 of the funds appropriated under this heading 

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

9 not less than $4,000,000 should be made available to Amer10 ican educational institutions for scholarships and direct 

11 support: Provided further, That notwithstanding section 

12 5034(a) of this Act, funds appropriated under this heading 

13 that are made available for assistance for the Central Gov14 ernment of Lebanon shall be subject to the regular notifica15 tion procedures of the Committees on Appropriations: Pro16 vided further, That not to exceed $200,000,000 of the funds 

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

18 as defined in section 502 of the Congressional Budget Act 

19 of 1974, of modifying direct loans and guarantees for Paki20 stan: Provided further, That amounts that are made avail21 able under the previous proviso for the costs of modifying 

22 direct loans and guarantees shall not be considered ‘‘assist23 ance’’ for the purposes of provisions of law limiting assist24 ance to a country: Provided further, That of the funds ap25 propriated under this heading, not less than $22,000,000 
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1 shall be made available for assistance for the Democratic 

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

3 be available for administrative expenses of the United 

4 States Agency for International Development: Provided fur5 ther, That of the funds available under this heading for as6 sistance for Indonesia, not less than $3,000,000 shall be 

7 made available to Internews to promote freedom of the 

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

9 made available for economic development programs con10 ducted by Indonesian universities: Provided further, That 

11 of the funds available under this heading for assistance for 

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

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

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

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

16 available for scholarship programs for students from coun17 tries with significant Muslim populations at American in18 stitutions of higher education in the Middle East that are 

19 accredited by an accrediting agency recognized by the 

20 United States Department of Education: Provided further, 

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

22 than $2,500,000 should be made available for technical as23 sistance for countries to implement and enforce the Kim24 berley Process Certification Scheme: Provided further, That 

25 of the funds appropriated under this heading, not less than 
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1 $3,750,000 should be made available for East Asia and Pa2 cific Environment Initiatives: Provided further, That of the 

3 funds appropriated under this heading, not less than 

4 $10,000,000 should be made available for assistance for 

5 Kenya: Provided further, That of the funds appropriated 

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

7 made available for assistance for Liberia: Provided further, 

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

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

10 Commission to Investigate Illegal Groups and Clandestine 

11 Security Apparatus in Guatemala: Provided further, That 

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

13 shall be made available for the Foundation for Security and 

14 Sustainability: Provided further, That of the funds appro15 priated under this heading that are made available for as16 sistance for Pakistan, not less than $10,000,000 should be 

17 made available to support programs and activities con18 ducted by indigenous organizations that seek to further edu19 cational, health, employment, and other opportunities for 

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

21 be made available for the Pakistan Human Development 

22 Fund and $1,000,000 for the Amanut Society: Provided fur23 ther, That of the funds appropriated under this heading, 

24 $10,000,000 shall be made available to continue to support 

25 the provision of wheelchairs for needy persons in developing 
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1 countries: Provided further, That funds appropriated under 

2 this heading that are made available for a Middle East Fi3 nancing Facility, Middle East Enterprise Fund, or any 

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

5 the regular notification procedures of the Committees on 

6 Appropriations: Provided further, That with respect to 

7 funds appropriated under this heading in this Act or prior 

8 Acts making appropriations for foreign operations, export 

9 financing, and related programs, the responsibility for pol10 icy decisions and justifications for the use of such funds, 

11 including whether there will be a program for a country 

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

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

14 Deputy Secretary of State and this responsibility shall not 

15 be delegated. 

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 for 

20 East European Democracy (SEED) Act of 1989, 

21 $410,000,000, 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: Provided, That 

25 of the funds appropriated under this heading that are made 

26 available for assistance for Bulgaria, $2,000,000 shall be 
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1 made available to enhance safety at nuclear power plants: 

2 Provided further, That of the funds appropriated under this 

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

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

5 contained in the previous proviso shall be reduced by an 

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

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

8 provided to Slobodan Milosevic and other indicted war 

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

10 Provided further, That funds appropriated under this head11 ing shall be made available for programs and countries in 

12 the amounts contained in the table included in the report 

13 accompanying this Act: Provided further, That any pro14 posed increases or decreases to the amounts contained in 

15 such table shall be subject to the regular notification proce16 dures of the Committees on Appropriations and section 

17 634A of the Foreign Assistance Act of 1961 and notifica18 tions shall be transmitted at least 15 days in advance of 

19 the obligation of funds. 

20 (b) Funds appropriated under this heading shall be 

21 considered to be economic assistance under the Foreign As22 sistance Act of 1961 for purposes of making available the 

23 administrative authorities contained in that Act for the use 

24 of economic assistance. 
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1 (c) Notwithstanding any provision of this or any other 

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

3 appropriated by this Act and by previous appropriations 

4 Acts and made available for the economic revitalization 

5 program in Bosnia may be used in Eastern Europe and 

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

7 Assistance Act of 1961 and the Support for East European 

8 Democracy (SEED) Act of 1989. 

9 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

10 FORMER SOVIETUNION

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

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

13 Act of 1961 and the FREEDOM Support Act, for assistance 

14 for the Independent States of the former Soviet Union and 

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

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

17 such chapters shall apply to funds appropriated by this 

18 paragraph: Provided further, That funds made available for 

19 the Southern Caucasus region may be used, notwith20 standing any other provision of law, for confidence-building 

21 measures and other activities in furtherance of the peaceful 

22 resolution of the regional conflicts, especially those in the 

23 vicinity of Abkhazia and Nagorno-Karabagh: Provided fur24 ther, That of the funds appropriated under this heading, 

25 $8,000,000 should be available only to meet the health and 

26 other assistance needs of victims of trafficking in persons: 
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1 Provided further, That of the funds appropriated under this 

2 heading, $20,000,000 shall be made available solely for as3 sistance for the Russian Far East: Provided further, That 

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

5 should be made available for an emergency operations cen6 ter in Kazakhstan: Provided further, That, notwithstanding 

7 any other provision of law, funds appropriated under this 

8 heading in this Act or prior Acts making appropriations 

9 for foreign operations, export financing, and related pro10 grams, that are made available pursuant to the provisions 

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

12 a 6 percent ceiling on administrative expenses: Provided 

13 further, That funds appropriated under this heading shall 

14 be made available for programs and countries in the 

15 amounts contained in the table included in the report ac16 companying this Act: Provided further, That any proposed 

17 increases or decreases to the amounts contained in such 

18 table shall be subject to the regular notification procedures 

19 of the Committees on Appropriations and section 634A of 

20 the Foreign Assistance Act of 1961 and notifications shall 

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

22 of funds. 

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

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

25 $5,000,000 shall be made available for nuclear reactor safe-
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1 ty initiatives, and not less than $3,000,000 shall be made 

2 available for coal mine safety programs. 

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

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

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

6 available to the National Endowment for Democracy for de7 mocracy, human rights and rule of law programs. 

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

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

10 for Armenia. 

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

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

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

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

15 that are allocated for assistance for the Government of the 

16 Russian Federation, 60 percent shall be withheld from obli17 gation until the President determines and certifies in writ18 ing to the Committees on Appropriations that the Govern19 ment of the Russian Federation: 

20 (A) has terminated implementation of arrange21 ments to provide Iran with technical expertise, train22 ing, technology, or equipment necessary to develop a 

23 nuclear reactor, related nuclear research facilities or 

24 programs, or ballistic missile capability; and 
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1 (B) is providing full access to international non2 government organizations providing humanitarian 

3 relief to refugees and internally displaced persons in 

4 Chechnya. 

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

6 (A) assistance to combat infectious diseases, child 

7 survival activities, or assistance for victims of traf8 ficking in persons; and 

9 (B) activities authorized under title V (Non10 proliferation and Disarmament Programs and Activi11 ties) of the FREEDOM Support Act. 

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

13 not apply to—

14 (1) activities to support democracy or assistance 

15 under title V of the FREEDOM Support Act and sec16 tion 1424 of Public Law 104–201 or non-proliferation 

17 assistance; 

18 (2) any assistance provided by the Trade and 

19 Development Agency under section 661 of the Foreign 

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

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

22 United States and Foreign Commercial Service while 

23 acting within his or her official capacity; 

24 (4) any insurance, reinsurance, guarantee or 

25 other assistance provided by the Overseas Private In-
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1 vestment Corporation under title IV of chapter 2 of 

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

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

4 (5) any financing provided under the Export5 Import Bank Act of 1945; or 

6 (6) humanitarian assistance. 

7 INDEPENDENT AGENCIES

8 INTER-AMERICAN FOUNDATION

9 For necessary expenses to carry out the functions of 

10 the Inter-American Foundation in accordance with the pro11 visions of section 401 of the Foreign Assistance Act of 1969, 

12 $19,000,000, to remain available until September 30, 2006. 

13 AFRICAN DEVELOPMENTFOUNDATION

14 For necessary expenses to carry out title V of the Inter15 national Security and Development Cooperation Act of 

16 1980, Public Law 96–533, $20,000,000, to remain available 

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

18 available to grantees may be invested pending expenditure 

19 for project purposes when authorized by the board of direc20 tors of the Foundation: Provided further, That interest 

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

22 grant was made: Provided further, That notwithstanding 

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

24 Act, in exceptional circumstances the board of directors of 

25 the Foundation may waive the $250,000 limitation con26 tained in that section with respect to a project: Provided 
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1 further, That the Foundation shall provide a report to the 

2 Committees on Appropriations after each time such waiver 

3 authority is exercised. 

4 PEACE CORPS

5 For necessary expenses to carry out the provisions of 

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

7 the purchase of not to exceed five passenger motor vehicles 

8 for administrative purposes for use outside of the United 

9 States: Provided, That none of the funds appropriated 

10 under this heading shall be used to pay for abortions: Pro11 vided further, That funds appropriated under this heading 

12 shall remain available until September 30, 2006. 

13 MILLENNIUM CHALLENGE CORPORATION

14 For necessary expenses for the ‘‘Millennium Challenge 

15 Account’’, $1,120,000,000, to remain available until ex16 pended. 

17 DEPARTMENT OF STATE

18 GLOBAL HIV/AIDS INITIATIVE

19 For necessary expenses to carry out the provisions of 

20 the Foreign Assistance Act of 1961 for the prevention, treat21 ment, and control of, and research on, HIV/AIDS, 

22 $1,450,000,000, to remain available until expended: Pro23 vided, That increased emphasis should be given to building 

24 local capacity of foreign governments and nongovernmental 

25 organizations to implement sustainable HIV/AIDS preven26 tion, care and treatment programs as a component of na-
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1 tional health care delivery systems: Provided further, That 

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

3 shall be made available for HIV/AIDS education and out4 reach programs that utilize state of the art information 

5 technology: Provided further, That of the funds appro6 priated under the headings ‘‘Assistance for Eastern Europe 

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

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

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

10 ‘‘Economic Support Fund’’, not less than $42,000,000 shall 

11 be made available for programs for the prevention, treat12 ment, and control of, and research on, HIV/AIDS, tuber13 culosis, and malaria: Provided further, That of the funds 

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

15 may be made available for administrative expenses of the 

16 office of the Coordinator of United States Government Ac17 tivities to Combat HIV/AIDS Globally of the Department 

18 of State. 

19 INTERNATIONAL NARCOTICS CONTROL AND LAW

20 ENFORCEMENT

21 For necessary expenses to carry out section 481 of the 

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

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

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

25 authority of section 608 of the Foreign Assistance Act of 

26 1961, without regard to its restrictions, to receive excess 
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1 property from an agency of the United States Government 

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

3 chapter 8 of part I of that Act subject to the regular notifi4 cation procedures of the Committees on Appropriations: 

5 Provided further, That of the funds appropriated under this 

6 heading, $15,000,000 should be made available for anti7 trafficking in persons programs, including trafficking pre8 vention, protection and assistance for victims, and prosecu9 tion of traffickers: Provided further, That the Secretary of 

10 State shall provide to the Committees on Appropriations 

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

12 this Act and prior to the initial obligation of funds appro13 priated under this heading, a report on the proposed uses 

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

15 basis for each proposed program, project, or activity: Pro16 vided further, That of the funds appropriated under this 

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

18 for training programs and activities of the International 

19 Law Enforcement Academies: Provided further, That of the 

20 funds appropriated under this heading, not less than 

21 $12,000,000 shall be made available for assistance for the 

22 Philippines for police training and other related activities: 

23 Provided further, That of the funds appropriated under this 

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

25 for the Government of Malta for the purchase of helicopters 
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1 to enhance its ability to control its borders and deter terror2 ists: Provided further, That of the funds appropriated under 

3 this heading, $5,000,000 shall be made available for com4 bating piracy of United States intellectual property: Pro5 vided further, That of the funds appropriated under this 

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

7 to the International Foundation of Hope for alternative 

8 crop programs in Nangarhar Province, Afghanistan: Pro9 vided further, That of the funds appropriated under this 

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

11 for police training in the Democratic Republic of Timor12 Leste: Provided further, That of the funds appropriated 

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

14 available for administrative expenses. 

15 ANDEAN COUNTERDRUG INITIATIVE

16 For necessary expenses to carry out section 481 of the 

17 Foreign Assistance Act of 1961 to support counterdrug ac18 tivities in the Andean region of South America, 

19 $731,000,000, to remain available until September 30, 

20 2007: Provided, That in fiscal year 2005, funds available 

21 to the Department of State for assistance to the Government 

22 of Colombia shall be available to support a unified cam23 paign against narcotics trafficking, against activities by or24 ganizations designated as terrorist organizations such as 

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

26 National Liberation Army (ELN), and the United Self-De-
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1 fense Forces of Colombia (AUC), and to take actions to pro2 tect human health and welfare in emergency circumstances, 

3 including undertaking rescue operations: Provided further, 

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

5 of State has credible evidence that the Colombian Armed 

6 Forces are not conducting vigorous operations to restore 

7 government authority and respect for human rights in areas 

8 under the effective control of paramilitary and guerrilla or9 ganizations: Provided further, That the President shall en10 sure that if any helicopter procured with funds under this 

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

12 self-defense group or illegal security cooperative, such heli13 copter shall be immediately returned to the United States: 

14 Provided further, That the Secretary of State, in consulta15 tion with the Administrator of the United States Agency 

16 for International Development, shall provide to the Com17 mittees on Appropriations not later than 45 days after the 

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

19 obligation of funds appropriated under this heading, a re20 port on the proposed uses of all funds under this heading 

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

22 project, or activity: Provided further, That of the funds ap23 propriated under this heading, not less than $272,000,000 

24 shall be made available for alternative development/institu25 tion building, of which $240,000,000 shall be apportioned 
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1 directly to the United States Agency for International De2 velopment, including $140,000,000 for assistance for Co3 lombia: Provided further, That with respect to funds appor4 tioned to the United States Agency for International Devel5 opment under the previous proviso, the responsibility for 

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

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

8 be provided for each of those activities, shall be the responsi9 bility of the Administrator of the United States Agency for 

10 International Development in consultation with the Assist11 ant Secretary of State for International Narcotics and Law 

12 Enforcement Affairs: Provided further, That of the funds 

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

14 should be made available for judicial reform programs in 

15 Colombia: Provided further, That of the funds appropriated 

16 under this heading, in addition to funds made available 

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

18 shall be made available to the United States Agency for 

19 International Development for organizations and programs 

20 to protect human rights: Provided further, That funds ap21 propriated by this Act that are otherwise available for such 

22 purposes may be made available to support the demobiliza23 tion of illegal armed groups in Colombia only if the Sec24 retary of State certifies to the Committees on Appropria25 tions that: (1) the Colombian legal framework governing the 
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1 demobilization of such groups provides for prosecution and 

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

3 responsible for gross violations of human rights and drug 

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

5 of Colombia to ensure the dismantling of underlying struc6 tures of such groups, including the seizure of financial and 

7 real property assets; (3) actions are being taken by the Gov8 ernment of Colombia to enable the return of civilians forc9 ibly displaced by such groups; and (4) the Government of 

10 Colombia has not enacted legislation inconsistent with its 

11 obligations under the United States-Colombian treaty on 

12 extradition, and has committed to the United States that 

13 it will continue to extradite Colombian citizens to the 

14 United States, including members of such illegal armed 

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

16 That not more than 20 percent of the funds appropriated 

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

18 for aerial coca and poppy fumigation programs may be 

19 made available for such programs unless the Secretary of 

20 State certifies to the Committees on Appropriations that: 

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

22 EPA label requirements for comparable use in the United 

23 States and with Colombian laws; and (2) the herbicide mix24 ture, in the manner it is being used, does not pose unreason25 able risks or adverse effects to humans or the environment: 
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1 Provided further, That such funds may not be made avail2 able unless the Secretary of State certifies to the Committees 

3 on Appropriations that complaints of harm to health or 

4 licit crops caused by such fumigation are evaluated and fair 

5 compensation is being paid for meritorious claims: Pro6 vided further, That such funds may not be made available 

7 for such purposes unless programs are being implemented 

8 by the United States Agency for International Development, 

9 the Government of Colombia, or other organizations, in con10 sultation with local communities, to provide alternative 

11 sources of income in areas where security permits for small12 acreage growers whose illicit crops are targeted for fumiga13 tion: Provided further, That of the funds appropriated 

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

15 available through nongovernmental organizations for pro16 grams to protect biodiversity and indigenous reserves in Co17 lombia: Provided further, That funds appropriated by this 

18 Act may be used for aerial fumigation in Colombia’s na19 tional parks or reserves only if the Secretary of State cer20 tifies that it is in accordance with Colombian laws and that 

21 there are no effective alternatives to reduce drug cultivation 

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

23 Foreign Assistance Act of 1961 shall not apply to funds 

24 appropriated under this heading: Provided further, That 

25 assistance provided with funds appropriated under this 
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1 heading that is made available notwithstanding section 

2 482(b) of the Foreign Assistance Act of 1961 shall be made 

3 available subject to the regular notification procedures of 

4 the Committees on Appropriations: Provided further, That 

5 no United States Armed Forces personnel or United States 

6 civilian contractor employed by the United States will par7 ticipate in any combat operation in connection with assist8 ance made available by this Act for Colombia: Provided fur9 ther, That funds appropriated under this heading that are 

10 available for assistance for the Bolivian military and police 

11 are subject to the regular notification procedures of the 

12 Committees on Appropriations and may be made available 

13 for such purposes only if the Bolivian military and police 

14 are respecting human rights and cooperating with civilian 

15 judicial authorities, and the Bolivian Government is pros16 ecuting and punishing those responsible for violations of 

17 human rights: Provided further, That of the funds appro18 priated under this heading, not more than $16,285,000 may 

19 be available for administrative expenses of the Department 

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

21 in addition to amounts otherwise available for such pur22 poses, for administrative expenses of the United States 

23 Agency for International Development. 

24 MIGRATION AND REFUGEE ASSISTANCE

25 For expenses, not otherwise provided for, necessary to 

26 enable the Secretary of State to provide, as authorized by 
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1 law, a contribution to the International Committee of the 

2 Red Cross, assistance to refugees, including contributions 

3 to the International Organization for Migration and the 

4 United Nations High Commissioner for Refugees, and other 

5 activities to meet refugee and migration needs; salaries and 

6 expenses of personnel and dependents as authorized by the 

7 Foreign Service Act of 1980; allowances as authorized by 

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

9 purchase and hire of passenger motor vehicles; and services 

10 as authorized by section 3109 of title 5, United States Code, 

11 $775,000,000, which shall remain available until expended: 

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

13 for administrative expenses: Provided further, That not less 

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

15 heading shall be made available for refugees from the former 

16 Soviet Union and Eastern Europe and other refugees reset17 tling in Israel: Provided further, That funds made available 

18 under this heading should be made available to inter19 national organizations for assistance for refugees from 

20 North Korea: Provided further, That funds made available 

21 under this heading and the heading ‘‘Emergency Migration 

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

23 nongovernmental organizations located in Thailand for hu24 manitarian assistance inside Burma: Provided further, 

25 That funds appropriated under this heading may be made 
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1 available for a headquarters contribution to the Inter2 national Committee of the Red Cross only if the Secretary 

3 of State determines (and so reports to the appropriate com4 mittees of Congress) that the Magen David Adom Society 

5 of Israel is not being denied participation in the activities 

6 of the International Red Cross and Red Crescent Movement. 

7 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

8 ASSISTANCE FUND

9 For necessary expenses to carry out the provisions of 

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

11 of 1962, as amended (22 U.S.C. 2601(c)), $50,000,000, to 

12 remain available until expended: Provided, That funds 

13 made available under this heading are appropriated not14 withstanding the provisions contained in section 2(c)(2) of 

15 such Act which would limit the amount of funds which 

16 could be appropriated for this purpose. 

17 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

18 RELATED PROGRAMS

19 For necessary expenses for nonproliferation, anti-ter20 rorism, demining and related programs and activities, 

21 $415,200,000, to carry out the provisions of chapter 8 of 

22 part II of the Foreign Assistance Act of 1961 for anti-ter23 rorism assistance, chapter 9 of part II of the Foreign Assist24 ance Act of 1961, section 504 of the FREEDOM Support 

25 Act, section 23 of the Arms Export Control Act or the For26 eign Assistance Act of 1961 for demining activities, the 
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1 clearance of unexploded ordnance, the destruction of small 

2 arms, and related activities, notwithstanding any other 

3 provision of law, including activities implemented through 

4 nongovernmental and international organizations, and sec5 tion 301 of the Foreign Assistance Act of 1961 for a vol6 untary contribution to the International Atomic Energy 

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

8 the Comprehensive Nuclear Test Ban Treaty Preparatory 

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

10 $34,500,000, to remain available until expended, may be 

11 made available for the Nonproliferation and Disarmament 

12 Fund, notwithstanding any other provision of law, to pro13 mote bilateral and multilateral activities relating to non14 proliferation and disarmament: Provided further, That 

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

16 the Independent States of the former Soviet Union and 

17 international organizations when it is in the national secu18 rity interest of the United States to do so: Provided further, 

19 That funds appropriated under this heading may be made 

20 available for the International Atomic Energy Agency only 

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

22 Congress) that Israel is not being denied its right to partici23 pate in the activities of that Agency: Provided further, That 

24 funds available during fiscal year 2005 for a contribution 

25 to the Comprehensive Nuclear Test Ban Treaty Preparatory 
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1 Commission and that are not necessary to make the United 

2 States contribution to the Commission in the amount as3 sessed for fiscal year 2005 shall be made available for a 

4 voluntary contribution to the International Atomic Energy 

5 Agency and shall remain available until September 30, 

6 2006: Provided further, That of the funds made available 

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

8 in addition to funds otherwise available for such purposes, 

9 may be used for administrative expenses related to the oper10 ation and management of the demining program: Provided 

11 further, That the Secretary of State is authorized to provide, 

12 from funds appropriated under this heading in this Act and 

13 each subsequent Act making appropriations for foreign op14 erations, export financing and related programs, not to ex15 ceed $250,000 for public-private partnerships for mine ac16 tion by grant, cooperative agreement, or contract: Provided 

17 further, That funds appropriated under this heading that 

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

19 Control and Border Security’’ shall remain available until 

20 September 30, 2006: Provided further, That of the funds ap21 propriated under this heading, $10,000,000 should be made 

22 available for mobile robot systems and radiation detection 

23 technology to combat international terrorism: Provided fur24 ther, That funds appropriated under this heading shall be 

25 made available for programs and countries in the amounts 
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1 contained in the table included in the report accompanying 

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

3 decreases to the amounts contained in such table shall be 

4 subject to the regular notification procedures of the Commit5 tees on Appropriations and section 634A of the Foreign As6 sistance Act of 1961 and notifications shall be transmitted 

7 at least 15 days in advance of the obligation of funds: Pro8 vided further, That of the funds appropriated under this 

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

10 the threat that man-portable air defense systems 

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

12 sponsors of terrorism. 

13 CONFLICTRESPONSE FUND

14 For necessary expenses to assist in stabilizing and re15 constructing a country that is in, or is in transition from, 

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

17 until expended: Provided, That funds available under this 

18 paragraph may be used for assistance for a country only 

19 if the Secretary of State determines and reports to the Com20 mittees on Appropriations, that it is important to the na21 tional security interest of the United States to do so and 

22 consults with the Committees on Appropriations prior to 

23 making any such determination: Provided further, That the 

24 responsibility for this determination required by the pre25 vious proviso and policy decisions and justifications for the 

26 use of funds made available under the authority of this 
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1 paragraph, including the amount of assistance provided to 

2 a country under this authority, shall be the responsibility 

3 of the Secretary of State and the Deputy Secretary of State 

4 and shall not be delegated: Provided further, That the Presi5 dent may exercise the authority of section 552 of the For6 eign Assistance Act of 1961, without regard and in addition 

7 to the dollar limitations contained in that section, to fur8 nish assistance under this heading with respect to any 

9 country that is the subject of a determination made under 

10 this heading: Provided further, That assistance furnished 

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

12 a determination under this heading may be made available 

13 notwithstanding any other provision of law: Provided fur14 ther, That the previous proviso shall not apply to section 

15 5051 of this Act: Provided further, That the administrative 

16 authorities of the Foreign Assistance Act of 1961 shall be 

17 applicable to the funds and resources available under this 

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

19 funds available under this paragraph may be made avail20 able for the administrative costs of United States Govern21 ment agencies implementing activities under this para22 graph: Provided further, That funds and resources available 

23 under this heading shall be subject to the regular notifica24 tion procedures of the Committees on Appropriations except 
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1 that such notifications shall be transmitted at least 5 days 

2 in advance of the obligation of funds. 

3 DEPARTMENT OF THE TREASURY

4 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

5 For necessary expenses to carry out the provisions of 

6 section 129 of the Foreign Assistance Act of 1961, 

7 $17,500,000, to remain available until September 30, 2007, 

8 which shall be available notwithstanding any other provi9 sion of law. 

10 DEBT RESTRUCTURING

11 For the cost, as defined in section 502 of the Congres12 sional Budget Act of 1974, of modifying loans and loan 

13 guarantees, as the President may determine, for which 

14 funds have been appropriated or otherwise made available 

15 for programs within the International Affairs Budget Func16 tion 150, including the cost of selling, reducing, or canceling 

17 amounts owed to the United States as a result of 

18 concessional loans made to eligible countries, pursuant to 

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

20 of modifying concessional credit agreements with least de21 veloped countries, as authorized under section 411 of the 

22 Agricultural Trade Development and Assistance Act of 

23 1954, as amended, and concessional loans, guarantees and 

24 credit agreements, as authorized under section 572 of the 

25 Foreign Operations, Export Financing, and Related Pro26 grams Appropriations Act, 1989 (Public Law 100–461), 
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1 and of canceling amounts owed, as a result of loans or guar2 antees made pursuant to the Export-Import Bank Act of 

3 1945, by countries that are eligible for debt reduction pursu4 ant to title V of H.R. 3425 as enacted into law by section 

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

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

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

8 heading shall be made available to carry out the provisions 

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

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

11 this heading may be used by the Secretary of the Treasury 

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

13 Trust Fund administered by the International Bank for Re14 construction and Development amounts for the benefit of 

15 countries that are eligible for debt reduction pursuant to 

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

17 1000(a)(5) of Public Law 106–113: Provided further, That 

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

19 to fund debt reduction under the enhanced HIPC initiative 

20 by—

21 (1) the Inter-American Development Bank; 

22 (2) the African Development Fund; 

23 (3) the African Development Bank; and 

24 (4) the Central American Bank for Economic In25 tegration: 
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1 Provided further, That funds may not be paid to the HIPC 

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

3 of State has credible evidence that the government of such 

4 country is engaged in a consistent pattern of gross viola5 tions of internationally recognized human rights or in mili6 tary or civil conflict that undermines its ability to develop 

7 and implement measures to alleviate poverty and to devote 

8 adequate human and financial resources to that end: Pro9 vided further, That on the basis of final appropriations, the 

10 Secretary of the Treasury shall consult with the Committees 

11 on Appropriations concerning which countries and inter12 national financial institutions are expected to benefit from 

13 a United States contribution to the HIPC Trust Fund dur14 ing the fiscal year: Provided further, That the Secretary of 

15 the Treasury shall inform the Committees on Appropria16 tions not less than 15 days in advance of the signature of 

17 an agreement by the United States to make payments to 

18 the HIPC Trust Fund of amounts for such countries and 

19 institutions: Provided further, That the Secretary of the 

20 Treasury may disburse funds designated for debt reduction 

21 through the HIPC Trust Fund only for the benefit of coun22 tries that—

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

24 not to accept new market-rate loans from the inter25 national financial institution receiving debt repay-
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1 ment as a result of such disbursement, other than 

2 loans made by such institutions to export-oriented 

3 commercial projects that generate foreign exchange 

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

5 and 

6 (2) have documented and demonstrated their 

7 commitment to redirect their budgetary resources 

8 from international debt repayments to programs to 

9 alleviate poverty and promote economic growth that 

10 are additional to or expand upon those previously 

11 available for such purposes: 

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

13 section 411 of the Agricultural Trade Development and As14 sistance Act of 1954 shall not apply to funds appropriated 

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

16 funds made available under this heading in this or any 

17 other appropriations Act shall be made available for Sudan 

18 or Burma unless the Secretary of the Treasury determines 

19 and notifies the Committees on Appropriations that a 

20 democratically elected government has taken office. 

21 TITLE III—MILITARY ASSISTANCE 

22 FUNDS APPROPRIATED TO THE PRESIDENT

23 INTERNATIONAL MILITARY EDUCATION AND TRAINING

24 For necessary expenses to carry out the provisions of 

25 section 541 of the Foreign Assistance Act of 1961, 
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1 $89,730,000, of which up to $3,000,000 may remain avail2 able until expended: Provided, That the civilian personnel 

3 for whom military education and training may be provided 

4 under this heading may include civilians who are not mem5 bers of a government whose participation would contribute 

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

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

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

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

10 Greece: Provided further, That funds appropriated under 

11 this heading for military education and training for Guate12 mala may only be available for expanded international 

13 military education and training, and funds made available 

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

15 Nigeria and Guatemala may only be provided through the 

16 regular notification procedures of the Committees on Appro17 priations. 

18 FOREIGN MILITARY FINANCING PROGRAM

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses necessary for grants to enable the Presi21 dent to carry out the provisions of section 23 of the Arms 

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

23 funds appropriated under this heading, not less than 

24 $2,220,000,000 shall be available for grants only for Israel, 

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

26 for grants only for Egypt: Provided further, That the funds 
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1 appropriated by this paragraph for Israel shall be disbursed 

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

3 31, 2004, whichever is later: Provided further, That to the 

4 extent that the Government of Israel requests that funds be 

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

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

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

8 not less than $583,000,000 shall be available for the pro9 curement in Israel of defense articles and defense services, 

10 including research and development: Provided further, That 

11 of the funds appropriated by this paragraph, $206,000,000 

12 shall be made available for assistance for Jordan: Provided 

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

14 $5,000,000 may be transferred to and consolidated with 

15 funds appropriated under the heading ‘‘Nonproliferation, 

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

17 made available, in addition to amounts otherwise available 

18 for such purposes, as follows: $2,500,000, to remain avail19 able until expended, may be made available to carry out 

20 the provisions of section 504 of the FREEDOM Support 

21 Act for the Nonproliferation and Disarmament Fund, not22 withstanding any other provision of law, to promote bilat23 eral and multilateral activities relating to nonproliferation 

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

25 as an additional contribution to ‘‘Anti-Terrorism Assist-
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1 ance’’ programs: Provided further, That of the funds appro2 priated by this paragraph, $10,000,000 shall be made avail3 able for assistance for Tunisia: Provided further, That of 

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

5 be made available for assistance for Armenia: Provided fur6 ther, That of the funds appropriated by this paragraph, not 

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

8 for Liberia: Provided further, That of the funds appro9 priated under this heading, not more than $2,000,000 may 

10 be made available for assistance for Uganda and only for 

11 non-lethal military equipment if the Secretary of State de12 termines and reports to the Committees on Appropriations 

13 that the Government of Uganda, during the previous six 

14 months, has made significant improvements in: (1) the pro15 tection of human rights, especially preventing acts of tor16 ture; (2) the protection of civilians in northern and eastern 

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

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

19 the prevention of recruitment of children into armed mili20 tias and the demobilization of existing militias: Provided 

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

22 not less than $15,000,000 shall be made available for assist23 ance for Georgia: Provided further, That in addition to the 

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

25 may be derived by transfer from unobligated balances of 
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1 funds appropriated under the headings ‘‘Economic Support 

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

3 prior appropriations Acts and not otherwise designated in 

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

5 further, That funds appropriated by this paragraph shall 

6 be nonrepayable notwithstanding any requirement in sec7 tion 23 of the Arms Export Control Act: Provided further, 

8 That funds made available under this paragraph shall be 

9 obligated upon apportionment in accordance with para10 graph (5)(C) of title 31, United States Code, section 

11 1501(a). 

12 None of the funds made available under this heading 

13 shall be available to finance the procurement of defense arti14 cles, defense services, or design and construction services 

15 that are not sold by the United States Government under 

16 the Arms Export Control Act unless the foreign country pro17 posing to make such procurements has first signed an agree18 ment with the United States Government specifying the 

19 conditions under which such procurements may be financed 

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

21 level increases in allocations shall be submitted through the 

22 regular notification procedures of section 5015 of this Act: 

23 Provided further, That none of the funds appropriated 

24 under this heading shall be available for assistance for 

25 Sudan and Guatemala: Provided further, That none of the 
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1 funds appropriated under this heading may be made avail2 able for assistance for Haiti except pursuant to the regular 

3 notification procedures of the Committees on Appropria4 tions: Provided further, That funds made available under 

5 this heading may be used, notwithstanding any other provi6 sion of law, for demining, the clearance of unexploded ord7 nance, and related activities, and may include activities 

8 implemented through nongovernmental and international 

9 organizations: Provided further, That only those countries 

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

11 Sales Financing Program’’ in the fiscal year 1989 congres12 sional presentation for security assistance programs may 

13 utilize funds made available under this heading for procure14 ment of defense articles, defense services or design and con15 struction services that are not sold by the United States 

16 Government under the Arms Export Control Act: Provided 

17 further, That funds appropriated under this heading shall 

18 be expended at the minimum rate necessary to make timely 

19 payment for defense articles and services: Provided further, 

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

21 under this heading may be obligated for necessary expenses, 

22 including the purchase of passenger motor vehicles for re23 placement only for use outside of the United States, for the 

24 general costs of administering military assistance and sales: 

25 Provided further, That not more than $367,000,000 of funds 
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1 realized pursuant to section 21(e)(1)(A) of the Arms Export 

2 Control Act may be obligated for expenses incurred by the 

3 Department of Defense during fiscal year 2005 pursuant 

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

5 this limitation may be exceeded only through the regular 

6 notification procedures of the Committees on Appropria7 tions: Provided further, That foreign military financing 

8 program funds estimated to be outlayed for Egypt during 

9 fiscal year 2005 shall be transferred to an interest bearing 

10 account for Egypt in the Federal Reserve Bank of New York 

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

12 2004, whichever is later. 

13 PEACEKEEPING OPERATIONS

14 For necessary expenses to carry out the provisions of 

15 section 551 of the Foreign Assistance Act of 1961, 

16 $104,000,000: Provided, That notwithstanding any other 

17 provision of law except section 5051 of this Act, funds ap18 propriated for the Department of Defense for fiscal year 

19 2005 may be transferred to the Department of State and 

20 may be made available by the Department of State to pro21 vide such assistance as the Secretary of State deems appro22 priate for the military or security forces of a foreign coun23 try in order to enhance the capability of such country to 

24 participate in international peacekeeping or peace enforce25 ment operations: Provided further, That none of the funds 

26 appropriated under this heading shall be obligated or ex-
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1 pended except as provided through the regular notification 

2 procedures of the Committees on Appropriations. 

3 TITLE IV—MULTILATERAL ECONOMIC 

4 ASSISTANCE 

5 FUNDS APPROPRIATED TO THE PRESIDENT

6 INTERNATIONAL FINANCIAL INSTITUTIONS

7 GLOBAL ENVIRONMENTFACILITY

8 For the United States contribution for the Global En9 vironment Facility, $120,678,000 to the International Bank 

10 for Reconstruction and Development as trustee for the Glob11 al Environment Facility, by the Secretary of the Treasury, 

12 to remain available until expended. 

13 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

14 ASSOCIATION

15 For payment to the International Development Asso16 ciation by the Secretary of the Treasury, $820,000,000, to 

17 remain available until expended. 

18 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

19 MULTILATERAL INVESTMENT FUND

20 For payment to the Enterprise for the Americas Multi21 lateral Investment Fund by the Secretary of the Treasury, 

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

23 to remain available until expended. 

24 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

25 For the United States contribution by the Secretary 

26 of the Treasury to the increase in resources of the Asian 
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1 Development Fund, as authorized by the Asian Develop2 ment Bank Act, as amended, $59,691,000, to remain avail3 able until expended. 

4 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

5 For payment to the African Development Bank by the 

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

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

8 available until expended. 

9 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

10 The United States Governor of the African Develop11 ment Bank may subscribe without fiscal year limitation for 

12 the callable capital portion of the United States share of 

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

14 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

15 For the United States contribution by the Secretary 

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

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

18 expended. 

19 CONTRIBUTION TO THE EUROPEAN BANK FOR

20 RECONSTRUCTION AND DEVELOPMENT

21 For payment to the European Bank for Reconstruction 

22 and Development by the Secretary of the Treasury, 

23 $35,431,000 for the United States share of the paid-in por24 tion of the increase in capital stock, to remain available 

25 until expended. 
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1 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

2 The United States Governor of the European Bank for 

3 Reconstruction and Development may subscribe without fis4 cal year limitation to the callable capital portion of the 

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

6 to exceed $121,997,000. 

7 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

8 AGRICULTURAL DEVELOPMENT

9 For the United States contribution by the Secretary 

10 of the Treasury to increase the resources of the International 

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

12 available until expended. 

13 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

14 For necessary expenses to carry out the provisions of 

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

16 section 2 of the United Nations Environment Program Par17 ticipation Act of 1973, $328,925,000: Provided, That none 

18 of the funds appropriated under this heading may be made 

19 available to the International Atomic Energy Agency 

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

21 this heading shall be made available for programs and 

22 countries in the amounts contained in the table included 

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

24 any proposed increases or decreases to the amounts con25 tained in such table shall be subject to the regular notifica-
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1 tion procedures of the Committees on Appropriations and 

2 section 634A of the Foreign Assistance Act of 1961 and noti3 fications shall be transmitted at least 15 days in advance 

4 of the obligation of funds. 

5 TITLE V—GENERAL PROVISIONS 

6 COMPENSATION FOR UNITED STATES EXECUTIVE

7 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

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

9 be made as payment to any international financial institu10 tion while the United States Executive Director to such in11 stitution is compensated by the institution at a rate which, 

12 together with whatever compensation such Director receives 

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

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

15 Executive Schedule under section 5315 of title 5, United 

16 States Code, or while any alternate United States Director 

17 to such institution is compensated by the institution at a 

18 rate in excess of the rate provided for an individual occu19 pying a position at level V of the Executive Schedule under 

20 section 5316 of title 5, United States Code. 

21 (b) For purposes of this section, ‘‘international finan22 cial institutions’’ are: the International Bank for Recon23 struction and Development, the Inter-American Develop24 ment Bank, the Asian Development Bank, the Asian Devel25 opment Fund, the African Development Bank, the African 
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1 Development Fund, the International Monetary Fund, the 

2 North American Development Bank, and the European 

3 Bank for Reconstruction and Development. 

4 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED

5 NATIONS AGENCIES

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

7 may be made available to pay any voluntary contribution 

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

9 United Nations Development Program) if the United Na10 tions implements or imposes any taxation on any United 

11 States persons. 

12 LIMITATION ON RESIDENCE EXPENSES

13 SEC. 5003. Of the funds appropriated or made avail14 able pursuant to this Act, not to exceed $100,500 shall be 

15 for official residence expenses of the United States Agency 

16 for International Development during the current fiscal 

17 year: Provided, That appropriate steps shall be taken to as18 sure that, to the maximum extent possible, United States19 owned foreign currencies are utilized in lieu of dollars. 

20 LIMITATION ON EXPENSES

21 SEC. 5004. Of the funds appropriated or made avail22 able pursuant to this Act, not to exceed $5,000 shall be for 

23 entertainment expenses of the United States Agency for 

24 International Development during the current fiscal year. 
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1 LIMITATION ON REPRESENTATIONAL ALLOWANCES

2 SEC. 5005. Of the funds appropriated or made avail3 able pursuant to this Act, not to exceed $125,000 shall be 

4 available for representation allowances for the United 

5 States Agency for International Development during the 

6 current fiscal year: Provided, That appropriate steps shall 

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

8 United States-owned foreign currencies are utilized in lieu 

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

11 assistance and sales under the heading ‘‘Foreign Military 

12 Financing Program’’, not to exceed $2,000 shall be avail13 able for entertainment expenses and not to exceed $125,000 

14 shall be available for representation allowances: Provided 

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

16 the heading ‘‘International Military Education and Train17 ing’’, not to exceed $50,000 shall be available for entertain18 ment allowances: Provided further, That of the funds made 

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

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

21 and representation allowances: Provided further, That of 

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

23 not to exceed a total of $4,000 shall be available for enter24 tainment expenses: Provided further, That of the funds 

25 made available by this Act under the heading ‘‘Trade and 
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1 Development Agency’’, not to exceed $2,000 shall be avail2 able for representation and entertainment allowances: Pro3 vided further, That of the funds made available by this Act 

4 under the heading ‘‘Millennium Challenge Corporation’’, 

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

6 allowances. 

7 PROHIBITION ON TAXATION OF UNITED STATES

8 ASSISTANCE

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

10 the funds appropriated by this Act may be made available 

11 to provide assistance for a foreign country under a new bi12 lateral agreement governing the terms and conditions under 

13 which such assistance is to be provided unless such agree14 ment includes a provision stating that assistance provided 

15 by the United States shall be exempt from taxation, or reim16 bursed, by the foreign government, and the Secretary of 

17 State shall expeditiously seek to negotiate amendments to 

18 existing bilateral agreements, as necessary, to conform with 

19 this requirement. 

20 (b) REIMBURSEMENTOF FOREIGN TAXES.—An 

21 amount equivalent to 200 percent of the total taxes assessed 

22 during fiscal year 2005 on funds appropriated by this Act 

23 by a foreign government or entity against commodities fi24 nanced under United States assistance programs for which 

25 funds are appropriated by this Act, either directly or 

26 through grantees, contractors and subcontractors shall be 
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1 withheld from obligation from funds appropriated for as2 sistance for fiscal year 2006 and allocated for the central 

3 government of such country and for the West Bank and 

4 Gaza Program to the extent that the Secretary of State cer5 tifies and reports in writing to the Committees on Appro6 priations that such taxes have not been reimbursed to the 

7 Government of the United States. 

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

9 minimis nature shall not be subject to the provisions of sub10 section (b). 

11 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

12 from obligation for each country or entity pursuant to sub13 section (b) shall be reprogrammed for assistance to countries 

14 which do not assess taxes on United States assistance or 

15 which have an effective arrangement that is providing sub16 stantial reimbursement of such taxes. 

17 (e) DETERMINATIONS.—

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

19 to any country or entity the Secretary of State deter20 mines—

21 (A) does not assess taxes on United States 

22 assistance or which has an effective arrangement 

23 that is providing substantial reimbursement of 

24 such taxes; or 
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1 (B) the foreign policy interests of the United 

2 States outweigh the policy of this section to en3 sure that United States assistance is not subject 

4 to taxation. 

5 (2) The Secretary of State shall consult with the 

6 Committees on Appropriations at least 15 days prior 

7 to exercising the authority of this subsection with re8 gard 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 the 

22 country receiving assistance that describes the privi23 leges and immunities applicable to United States for24 eign assistance for such country generally, or an indi25 vidual agreement between the Government of the 
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1 United States and such government that describes, 

2 among other things, the treatment for tax purposes 

3 that will be accorded the United States assistance 

4 provided under that agreement. 

5 PROHIBITION AGAINSTDIRECTFUNDING FOR CERTAIN

6 COUNTRIES

7 SEC. 5007. 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 on 

12 obligations or expenditures shall include direct loans, cred13 its, insurance and guarantees of the Export-Import Bank 

14 or its agents. 

15 MILITARY COUPS

16 SEC. 5008. 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 govern19 ment of any country whose duly elected head of government 

20 is deposed by decree or military coup: Provided, That as21 sistance may be resumed to such government if the Presi22 dent determines and certifies to the Committees on Appro23 priations that subsequent to the termination of assistance 

24 a democratically elected government has taken office: Pro25 vided further, That the provisions of this section shall not 

26 apply to assistance to promote democratic elections or pub-
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1 lic participation in democratic processes: Provided further, 

2 That funds made available pursuant to the previous pro3 visos shall be subject to the regular notification procedures 

4 of the Committees on Appropriations. 

5 TRANSFERS

6 SEC. 5009. (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, or 

9 instrumentality of the United States Government, except 

10 pursuant to a transfer made by, or transfer authority pro11 vided 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 or 

16 transferred to agencies of the United States Government 

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

18 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 this 

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

24 the exercise of any authority contained in the Foreign As25 sistance Act of 1961 to transfer funds, consults with and 

26 provides a written policy justification to the Committees 
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1 on Appropriations of the House of Representatives and the 

2 Senate. 

3 (c) AUDITOF INTER-AGENCY TRANSFERS.—Any agree4 ment for the transfer or allocation of funds appropriated 

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

6 States Agency for International Development and another 

7 agency of the United States Government under the author8 ity of section 632(a) of the Foreign Assistance Act of 1961 

9 or any comparable provision of law, shall expressly provide 

10 that the Office of the Inspector General for the agency re11 ceiving the transfer or allocation of such funds shall perform 

12 periodic program and financial audits of the use of such 

13 funds: Provided, That funds transferred under such author14 ity may be made available for the cost of such audits. 

15 COMMERCIAL LEASING OF DEFENSE ARTICLES

16 SEC. 5010. Notwithstanding any other provision of 

17 law, and subject to the regular notification procedures of 

18 the Committees on Appropriations, the authority of section 

19 23(a) of the Arms Export Control Act may be used to pro20 vide financing to Israel, Egypt and NATO and major non21 NATO allies for the procurement by leasing (including leas22 ing with an option to purchase) of defense articles from 

23 United States commercial suppliers, not including Major 

24 Defense Equipment (other than helicopters and other types 

25 of aircraft having possible civilian application), if the 

26 President determines that there are compelling foreign pol-
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1 icy or national security reasons for those defense articles 

2 being provided by commercial lease rather than by govern3 ment-to-government sale under such Act. 

4 AVAILABILITY OF FUNDS

5 SEC. 5011. No part of any appropriation contained 

6 in this Act shall remain available for obligation after the 

7 expiration of the current fiscal year unless expressly so pro8 vided in this Act: Provided, That funds appropriated for 

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

10 667, chapters 4, 6, 8, and 9 of part II of the Foreign Assist11 ance Act of 1961, section 23 of the Arms Export Control 

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

13 Eastern Europe and the Baltic States’’, shall remain avail14 able for an additional four years from the date on which 

15 the availability of such funds would otherwise have expired, 

16 if such funds are initially obligated before the expiration 

17 of their respective periods of availability contained in this 

18 Act: Provided further, That, notwithstanding any other pro19 vision of this Act, any funds made available for the pur20 poses of chapter 1 of part I and chapter 4 of part II of 

21 the Foreign Assistance Act of 1961 which are allocated or 

22 obligated for cash disbursements in order to address balance 

23 of payments or economic policy reform objectives, shall re24 main available until expended. 
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1 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

2 SEC. 5012. No part of any appropriation contained 

3 in 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 gov7 ernment of such country by the United States pursuant to 

8 a program for which funds are appropriated under this Act 

9 unless the President determines, following consultations 

10 with the Committees on Appropriations, that assistance to 

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

12 COMMERCE AND TRADE

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

14 available pursuant to this Act for direct assistance and 

15 none of the funds otherwise made available pursuant to this 

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

17 Investment Corporation shall be obligated or expended to 

18 finance any loan, any assistance or any other financial 

19 commitments for establishing or expanding production of 

20 any commodity for export by any country other than the 

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

22 on world markets at the time the resulting productive ca23 pacity is expected to become operative and if the assistance 

24 will cause substantial injury to United States producers of 

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

26 such prohibition shall not apply to the Export-Import Bank 
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1 if in the judgment of its Board of Directors the benefits to 

2 industry and employment in the United States are likely 

3 to outweigh the injury to United States producers of the 

4 same, similar, or competing commodity, and the Chairman 

5 of the Board so notifies the Committees on Appropriations. 

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

7 Act to carry out chapter 1 of part I of the Foreign Assist8 ance Act of 1961 shall be available for any testing or breed9 ing feasibility study, variety improvement or introduction, 

10 consultancy, publication, conference, or training in connec11 tion with the growth or production in a foreign country 

12 of an agricultural commodity for export which would com13 pete with a similar commodity grown or produced in the 

14 United States: Provided, That this subsection shall not pro15 hibit—

16 (1) activities designed to increase food security 

17 in developing countries where such activities will not 

18 have a significant impact on the export of agricul19 tural commodities of the United States; or 

20 (2) research activities intended primarily to ben21 efit American producers. 

22 SURPLUS COMMODITIES

23 SEC. 5014. The Secretary of the Treasury shall in24 struct the United States Executive Directors of the Inter25 national Bank for Reconstruction and Development, the 

26 International Development Association, the International 
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1 Finance Corporation, the Inter-American Development 

2 Bank, the International Monetary Fund, the Asian Devel3 opment Bank, the Inter-American Investment Corporation, 

4 the North American Development Bank, the European 

5 Bank for Reconstruction and Development, the African De6 velopment Bank, and the African Development Fund to use 

7 the voice and vote of the United States to oppose any assist8 ance by these institutions, using funds appropriated or 

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

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

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

12 cause substantial injury to United States producers of the 

13 same, similar, or competing commodity. 

14 NOTIFICATION REQUIREMENTS

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

16 branch with the necessary administrative flexibility, none 

17 of the funds made available under this Act for ‘‘Child Sur18 vival and Health Programs Fund’’, ‘‘Development Assist19 ance’’, ‘‘International Organizations and Programs’’, 

20 ‘‘Trade and Development Agency’’, ‘‘International Nar21 cotics Control and Law Enforcement’’, ‘‘Andean 

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

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

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

25 Fund’’, ‘‘Global HIV/AIDS Initiative’’, ‘‘Peacekeeping Op26 erations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Ex-
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1 penses of the United States Agency for International Devel2 opment’’, ‘‘Operating Expenses of the United States Agency 

3 for International Development Office of Inspector General’’, 

4 ‘‘Nonproliferation, Anti-terrorism, Demining and Related 

5 Programs’’, ‘‘Millennium Challenge Corporation’’ (by coun6 try only), ‘‘Foreign Military Financing Program’’, ‘‘Inter7 national Military Education and Training’’, ‘‘Peace 

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

9 available for obligation for activities, programs, projects, 

10 type of materiel assistance, countries, or other operations 

11 not justified or in excess of the amount justified to the Com12 mittees on Appropriations for obligation under any of these 

13 specific headings unless the Committees on Appropriations 

14 of both Houses of Congress are previously notified 15 days 

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

16 into any commitment of funds appropriated for the pur17 poses of section 23 of the Arms Export Control Act for the 

18 provision of major defense equipment, other than conven19 tional ammunition, or other major defense items defined 

20 to be aircraft, ships, missiles, or combat vehicles, not pre21 viously justified to Congress or 20 percent in excess of the 

22 quantities justified to Congress unless the Committees on 

23 Appropriations are notified 15 days in advance of such 

24 commitment: Provided further, That this section shall not 

25 apply to any reprogramming for an activity, program, or 
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1 project for which funds are appropriated under title II of 

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

3 justified to the Congress for obligation for such activity, 

4 program, or project for the current fiscal year: Provided 

5 further, That all reprogrammings of funds appropriated by 

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

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

8 Counterdrug Initiative’’ by the Department of State shall 

9 be subject to the same review and approval procedures by 

10 the Department of State as apply to the reprogramming 

11 by the Department of funds appropriated under the heading 

12 ‘‘Economic Support Fund’’: Provided further, That the re13 quirements of this section or any similar provision of this 

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

15 notification in accordance with the regular notification 

16 procedures of the Committees on Appropriations, may be 

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

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

19 of any such waiver, notification to the Congress, or the ap20 propriate congressional committees, shall be provided as 

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

22 taking the action to which such notification requirement 

23 was applicable, in the context of the circumstances necessi24 tating such waiver: Provided further, That any notification 
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1 provided pursuant to such a waiver shall contain an expla2 nation of the emergency circumstances. 

3 LIMITATION ON AVAILABILITY OF FUNDS FOR

4 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

5 SEC. 5016. Subject to the regular notification proce6 dures of the Committees on Appropriations, funds appro7 priated under this Act or any previously enacted Act mak8 ing appropriations for foreign operations, export financing, 

9 and related programs, which are returned or not made 

10 available for organizations and programs because of the im11 plementation of section 307(a) of the Foreign Assistance Act 

12 of 1961, shall remain available for obligation until Sep13 tember 30, 2006. 

14 INDEPENDENT STATES OF THE FORMER SOVIET UNION

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

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

17 Former Soviet Union’’ shall be made available for assist18 ance for a government of an Independent State of the former 

19 Soviet Union if that government directs any action in vio20 lation of the territorial integrity or national sovereignty of 

21 any other Independent State of the former Soviet Union, 

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

23 Provided, That such funds may be made available without 

24 regard to the restriction in this subsection if the President 

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

26 of the United States. 
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1 (b) None of the funds appropriated under the heading 

2 ‘‘Assistance for the Independent States of the Former Soviet 

3 Union’’ shall be made available for any state to enhance 

4 its military capability: Provided, That this restriction does 

5 not apply to demilitarization, demining or nonproliferation 

6 programs. 

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

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

9 the Russian Federation, Armenia, Georgia, and Ukraine 

10 shall be subject to the regular notification procedures of the 

11 Committees on Appropriations. 

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

13 for the Independent States of the former Soviet Union shall 

14 be subject to the provisions of section 117 (relating to envi15 ronment and natural resources) of the Foreign Assistance 

16 Act of 1961. 

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

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

19 prior appropriations Acts under the heading ‘‘Assistance 

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

21 under comparable headings in prior appropriations Acts, 

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

23 purposes the fostering of private sector development, the Co24 ordinator for United States Assistance to Europe and Eur25 asia and the implementing agency shall encourage the par-
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1 ticipation of and give significant weight to contractors and 

2 grantees who propose investing a significant amount of 

3 their own resources (including volunteer services and in4 kind contributions) in such projects and activities. 

5 PROHIBITION ON FUNDING FOR ABORTIONS AND

6 INVOLUNTARY STERILIZATION

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

8 out part I of the Foreign Assistance Act of 1961, as amend9 ed, may be used to pay for the performance of abortions 

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

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

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

13 of 1961, as amended, may be used to pay for the perform14 ance of involuntary sterilization as a method of family 

15 planning or to coerce or provide any financial incentive 

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

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

18 Act of 1961, as amended, may be used to pay for any bio19 medical research which relates in whole or in part, to meth20 ods of, or the performance of, abortions or involuntary steri21 lization as a means of family planning. None of the funds 

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

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

24 any country or organization if the President certifies that 

25 the use of these funds by any such country or organization 
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1 would violate any of the above provisions related to abor2 tions and involuntary sterilizations. 

3 EXPORT FINANCING TRANSFER AUTHORITIES

4 SEC. 5019. Not to exceed 5 percent of any appropria5 tion other than for administrative expenses made available 

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

7 may be transferred between such appropriations for use for 

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

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

10 appropriation, except as otherwise specifically provided, 

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

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

13 be subject to the regular notification procedures of the Com14 mittees on Appropriations. 

15 SPECIAL NOTIFICATION REQUIREMENTS

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

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

18 Zimbabwe, Pakistan, Cambodia, or Haiti except as pro19 vided through the regular notification procedures of the 

20 Committees on Appropriations. 

21 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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

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

24 Act account level and shall include all appropriations and 

25 authorizations Acts earmarks, ceilings, and limitations 

26 with the exception that for the following accounts: Economic 
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1 Support Fund and Foreign Military Financing Program, 

2 ‘‘program, project, and activity’’ shall also be considered 

3 to include country, regional, and central program level 

4 funding within each such account; for the development as5 sistance accounts of the United States Agency for Inter6 national Development ‘‘program, project, and activity’’ 

7 shall also be considered to include central, country, re8 gional, and program level funding, either as: (1) justified 

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

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

11 on Appropriations within 30 days of the enactment of this 

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

13 Act of 1961. 

14 CHILD SURVIVAL AND HEALTH ACTIVITIES

15 SEC. 5022. Up to $13,500,000 of the funds made avail16 able by this Act for assistance under the heading ‘‘Child 

17 Survival and Health Programs Fund’’, may be used to re18 imburse United States Government agencies, agencies of 

19 State governments, institutions of higher learning, and pri20 vate and voluntary organizations for the full cost of indi21 viduals (including for the personal services of such individ22 uals) detailed or assigned to, or contracted by, as the case 

23 may be, the United States Agency for International Devel24 opment for the purpose of carrying out activities under that 

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

26 available by this Act for assistance under the heading ‘‘De-
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1 velopment Assistance’’ may be used to reimburse such agen2 cies, institutions, and organizations for such costs of such 

3 individuals carrying out other development assistance ac4 tivities: Provided further, That funds appropriated by titles 

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

6 assistance for child survival activities or disease programs 

7 including activities relating to research on, and the preven8 tion, treatment and control of, HIV/AIDS may be made 

9 available notwithstanding any other provision of law except 

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

11 Health Programs Fund’’ and the United States Leadership 

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

13 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Pro14 vided further, That of the funds appropriated under title 

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

16 available for family planning/reproductive health. 

17 AFGHANISTAN

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

19 less than $504,450,000 shall be made available for humani20 tarian and reconstruction assistance for Afghanistan: Pro21 vided, That of the funds made available pursuant to this 

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

23 appropriated under the heading ‘‘Economic Support 

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

25 Act that are available for assistance for the Afghan National 

26 Army should be made available if members of the Army 
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1 have been vetted for any involvement in terrorism, human 

2 rights violations, drug trafficking, and other serious crimi3 nal activity: Provided further, That of the funds made 

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

5 should be made available for reforestation activities: Pro6 vided further, That funds made available pursuant to the 

7 previous proviso should be matched, to the maximum extent 

8 possible, with contributions from American and Afghan 

9 businesses: Provided further, That of the funds made avail10 able pursuant to this section, not less than $2,000,000 shall 

11 be made available for the Afghan Independent Human 

12 Rights Commission and for other Afghan human rights or13 ganizations: Provided further, That of the funds made 

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

15 shall be made available to support programs that directly 

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

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

18 grants to support training and equipment to improve the 

19 capacity of women-led Afghan nongovernmental organiza20 tions and to support the activities of such organizations: 

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

22 made available for assistance for Afghan communities and 

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

24 operations. 
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1 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

2 SEC. 5024. Prior to providing excess Department of 

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

4 Foreign Assistance Act of 1961, the Department of Defense 

5 shall notify the Committees on Appropriations to the same 

6 extent and under the same conditions as are other commit7 tees pursuant to subsection (f) of that section: Provided, 

8 That before issuing a letter of offer to sell excess defense arti9 cles under the Arms Export Control Act, the Department 

10 of Defense shall notify the Committees on Appropriations 

11 in accordance with the regular notification procedures of 

12 such Committees if such defense articles are significant 

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

14 Export Control Act) or are valued (in terms of original ac15 quisition cost) at $7,000,000 or more, or if notification is 

16 required elsewhere in this Act for the use of appropriated 

17 funds for specific countries that would receive such excess 

18 defense articles: Provided further, That such Committees 

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

20 defense articles. 

21 HIV/AIDS WORKING CAPITAL FUND

22 SEC. 5025. (a) In furtherance of the purposes of section 

23 104A of the Foreign Assistance Act of 1961, and to assist 

24 in providing a safe, secure, reliable, and sustainable supply 

25 chain of pharmaceuticals and other products needed to pro26 vide care and treatment of persons with HIV/AIDS and re-
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1 lated infections, the Coordinator of the United States Gov2 ernment Activities to Combat HIV/AIDS Globally (the ‘‘Co3 ordinator’’) is authorized to establish an HIV/AIDS Work4 ing Capital Fund (in this section referred to as the ‘‘HIV/

5 AIDS Fund’’). 

6 (b) Funds deposited during any fiscal year in the HIV/

7 AIDS Fund shall be available without fiscal year limitation 

8 and used for pharmaceuticals and other products needed to 

9 provide care and treatment of persons with HIV/AIDS and 

10 related infections, including, but not limited to—

11 (1) anti-retroviral drugs; 

12 (2) other pharmaceuticals and medical items 

13 needed to provide care and treatment to persons with 

14 HIV/AIDS and related infections; 

15 (3) laboratory and other supplies for performing 

16 tests related to the provision of care and treatment to 

17 persons with HIV/AIDS and related infections; 

18 (4) other medical supplies needed for the oper19 ation of HIV/AIDS treatment and care centers, in20 cluding products needed in programs for the preven21 tion of mother-to-child transmission; 

22 (5) pharmaceuticals and health commodities 

23 needed for the provision of palliative care; and 

24 (6) laboratory and clinical equipment, as well as 

25 equipment needed for the transportation and care of 
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1 HIV/AIDS supplies, and other equipment needed to 

2 provide prevention, care and treatment of HIV/AIDS 

3 described above. 

4 (c) There may be deposited during any fiscal year in 

5 the HIV/AIDS Fund payments for HIV/AIDS pharma6 ceuticals and products provided from the HIV/AIDS Fund 

7 received from applicable appropriations and funds of the 

8 United States Agency for International Development, the 

9 Department of Health and Human Services, the Depart10 ment of Defense, or other Federal agencies and other sources 

11 at actual cost of the HIV/AIDS pharmaceuticals and other 

12 products, actual cost plus the additional costs of providing 

13 such HIV/AIDS pharmaceuticals and other products, or at 

14 any other price agreed to by the Coordinator or his designee. 

15 (d) There may be deposited in the HIV/AIDS Fund 

16 payments for the loss of, or damage to, HIV/AIDS pharma17 ceuticals and products held in the HIV/AIDS Fund, rebates, 

18 reimbursements, refunds and other credits application to 

19 the operation of the HIV/AIDS Fund. 

20 (e) At the close of each fiscal year the Coordinator may 

21 transfer out of the HIV/AIDS Fund to other HIV/AIDS 

22 programmatic areas such amounts as the Coordinator de23 termines to be in excess of the needs of the HIV/AIDS Fund. 

24 (f) At the close of each fiscal year the Coordinator shall 

25 submit a report to the Committees on Appropriations de-
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1 tailing the financial activities of the HIV/AIDS Fund, in2 cluding sources of income and information regarding dis3 bursements. 

4 DEMOCRACY PROGRAMS

5 SEC. 5026. (a) Notwithstanding any other provision 

6 of law, of the funds appropriated by this Act to carry out 

7 the provisions of chapter 4 of part II of the Foreign Assist8 ance Act of 1961, not less than $35,000,000 shall be made 

9 available for assistance for activities to support democracy, 

10 human rights, and the rule of law in the People’s Republic 

11 of China and Hong Kong: Provided, That funds appro12 priated under the heading ‘‘Economic Support Fund’’ 

13 should be made available for assistance for Taiwan for the 

14 purposes of furthering political and legal reforms: Provided 

15 further, That such funds shall only be made available to 

16 the extent that they are matched from sources other than 

17 the United States Government: Provided further, That 

18 funds made available pursuant to the authority of this sub19 section shall be subject to the regular notification procedures 

20 of the Committees on Appropriations. 

21 (b)(1) In addition to the funds made available in sub22 section (a), of the funds appropriated by this Act under the 

23 heading ‘‘Economic Support Fund’’ not less than 

24 $25,000,000 shall be made available for programs and ac25 tivities to foster democracy, human rights, civic education, 

26 women’s development, press freedom, and the rule of law 
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1 in countries with a significant Muslim population, and 

2 where such programs and activities would be important to 

3 United States efforts to respond to, deter, or prevent acts 

4 of international terrorism: Provided, That funds made 

5 available pursuant to the authority of this subsection should 

6 support new initiatives and activities in those countries: 

7 Provided further, That of the funds appropriated under this 

8 heading, $3,000,000 shall be made available for programs 

9 and activities that provide professional training for jour10 nalists, of which $2,000,000 shall be made available to 

11 Internews: Provided further, That of the funds appropriated 

12 under such heading, in addition to other amounts made 

13 available for Egypt in this Act, funds shall be made avail14 able to support civil society organizations working for de15 mocracy, human rights, and the rule of law in Egypt: Pro16 vided further, That notwithstanding any other provision of 

17 law, not less than $3,000,000 of such funds may be used 

18 for making grants to educational, humanitarian and non19 governmental organizations and individuals inside Iran to 

20 support the advancement of democracy and human rights 

21 in Iran: Provided further, That notwithstanding any other 

22 provision of law, funds appropriated pursuant to the au23 thority of this subsection may be made available for democ24 racy, human rights, and rule of law programs for Syria: 

25 Provided further, That funds made available pursuant to 
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1 this subsection shall be subject to the regular notification 

2 procedures of the Committees on Appropriations. 

3 (2) In addition to funds made available under sub4 sections (a) and (b)(1), of the funds appropriated by this 

5 Act under the heading ‘‘Economic Support Fund’’ not less 

6 than $5,000,000 shall be made available for programs and 

7 activities of the National Endowment for Democracy to fos8 ter democracy, human rights, civic education, women’s de9 velopment, press freedom, and the rule of law in countries 

10 in sub-Saharan Africa, and not less than $1,500,000 shall 

11 be made available for such programs and activities of the 

12 National Endowment for Democracy in countries in Asia. 

13 (c) Of the funds made available under subsection (a), 

14 not less than $15,000,000 shall be made available for the 

15 Human Rights and Democracy Fund of the Bureau of De16 mocracy, Human Rights and Labor, Department of State, 

17 to support the activities described in subsection (a), and 

18 of the funds made available under subsection (b)(1), not less 

19 than $15,000,000 shall be made available for such Fund 

20 to support the activities described in subsection (b)(1): Pro21 vided, That the total amount of funds made available by 

22 this Act under ‘‘Economic Support Fund’’ for activities of 

23 the Bureau of Democracy, Human Rights and Labor, De24 partment of State, including funds available in this section, 

25 shall be not less than $57,000,000. 
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1 (d) Of the funds made available under subsection (a), 

2 not less than $10,000,000 shall be made available for the 

3 National Endowment for Democracy to support the activi4 ties described in subsection (a), and of the funds made 

5 available under subsection (b)(1), not less than $5,000,000 

6 shall be made available for the National Endowment for 

7 Democracy to support the activities described in subsection 

8 (b)(1): Provided, That the Secretary of State shall provide 

9 a report to the Committees on Appropriations within 120 

10 days of the date of enactment of this Act on the status of 

11 the allocation and obligation of such funds. 

12 (e) Of the funds made available under subsection (a), 

13 $10,000,000 shall be made available to American edu14 cational institutions for programs and activities in the Peo15 ple’s Republic of China relating to the environment, democ16 racy and the rule of law: Provided, That funds available 

17 under this subsection shall be made available subject to 

18 prior consultation with the Committees on Appropriations. 

19 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

20 COUNTRIES

21 SEC. 5027. (a) Funds appropriated for bilateral assist22 ance under any heading of this Act and funds appropriated 

23 under any such heading in a provision of law enacted prior 

24 to the enactment of this Act, shall not be made available 

25 to any country which the President determines—
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1 (1) grants sanctuary from prosecution to any in2 dividual or group which has committed an act of 

3 international terrorism; or 

4 (2) otherwise supports international terrorism. 

5 (b) The President may waive the application of sub6 section (a) to a country if the President determines that 

7 national security or humanitarian reasons justify such 

8 waiver. The President shall publish each waiver in the Fed9 eral Register and, at least 15 days before the waiver takes 

10 effect, shall notify the Committees on Appropriations of the 

11 waiver (including the justification for the waiver) in ac12 cordance with the regular notification procedures of the 

13 Committees on Appropriations. 

14 DEBT-FOR-DEVELOPMENT

15 SEC. 5028. In order to enhance the continued partici16 pation of nongovernmental organizations in debt-for-devel17 opment and debt-for-nature exchanges, a nongovernmental 

18 organization which is a grantee or contractor of the United 

19 States Agency for International Development may place in 

20 interest bearing accounts local currencies which accrue to 

21 that organization as a result of economic assistance pro22 vided under title II of this Act and, subject to the regular 

23 notification procedures of the Committees on Appropria24 tions, any interest earned on such investment shall be used 

25 for the purpose for which the assistance was provided to 

26 that organization. 
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1 SEPARATE ACCOUNTS

2 SEC. 5029. (a) SEPARATE ACCOUNTS FOR LOCAL CUR3 RENCIES.—(1) If assistance is furnished to the government 

4 of a foreign country under chapters 1 and 10 of part I or 

5 chapter 4 of part II of the Foreign Assistance Act of 1961 

6 under agreements which result in the generation of local 

7 currencies of that country, the Administrator of the United 

8 States Agency for International Development shall—

9 (A) require that local currencies be deposited in 

10 a separate account established by that government; 

11 (B) enter into an agreement with that govern12 ment which sets forth—

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

14 generated; and 

15 (ii) the terms and conditions under which 

16 the currencies so deposited may be utilized, con17 sistent with this section; and 

18 (C) establish by agreement with that government 

19 the responsibilities of the United States Agency for 

20 International Development and that government to 

21 monitor and account for deposits into and disburse22 ments from the separate account. 

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

24 upon with the foreign government, local currencies depos25 ited in a separate account pursuant to subsection (a), or 
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1 an equivalent amount of local currencies, shall be used 

2 only—

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

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

5 purposes as—

6 (i) project and sector assistance activities; 

7 or 

8 (ii) debt and deficit financing; or 

9 (B) for the administrative requirements of the 

10 United States Government. 

11 (3) PROGRAMMING ACCOUNTABILITY.—The United 

12 States Agency for International Development shall take all 

13 necessary steps to ensure that the equivalent of the local cur14 rencies disbursed pursuant to subsection (a)(2)(A) from the 

15 separate account established pursuant to subsection (a)(1) 

16 are used for the purposes agreed upon pursuant to sub17 section (a)(2). 

18 (4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon 

19 termination of assistance to a country under chapter 1 or 

20 10 of part I or chapter 4 of part II (as the case may be), 

21 any unencumbered balances of funds which remain in a 

22 separate account established pursuant to subsection (a) 

23 shall be disposed of for such purposes as may be agreed to 

24 by the government of that country and the United States 

25 Government. 
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1 (5) REPORTING REQUIREMENT.—The Administrator of 

2 the United States Agency for International Development 

3 shall report on an annual basis as part of the justification 

4 documents submitted to the Committees on Appropriations 

5 on the use of local currencies for the administrative require6 ments of the United States Government as authorized in 

7 subsection (a)(2)(B), and such report shall include the 

8 amount of local currency (and United States dollar equiva9 lent) used and/or to be used for such purpose in each appli10 cable country. 

11 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) 

12 If assistance is made available to the government of a for13 eign country, under chapter 1 or 10 of part I or chapter 

14 4 of part II of the Foreign Assistance Act of 1961, as cash 

15 transfer assistance or as nonproject sector assistance, that 

16 country shall be required to maintain such funds in a sepa17 rate account and not commingle them with any other funds. 

18 (2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—

19 Such funds may be obligated and expended notwithstanding 

20 provisions of law which are inconsistent with the nature 

21 of this assistance including provisions which are referenced 

22 in the Joint Explanatory Statement of the Committee of 

23 Conference accompanying House Joint Resolution 648 

24 (House Report No. 98–1159). 
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1 (3) NOTIFICATION.—At least 15 days prior to obli2 gating any such cash transfer or nonproject sector assist3 ance, the President shall submit a notification through the 

4 regular notification procedures of the Committees on Appro5 priations, which shall include a detailed description of how 

6 the funds proposed to be made available will be used, with 

7 a discussion of the United States interests that will be 

8 served by the assistance (including, as appropriate, a de9 scription of the economic policy reforms that will be pro10 moted by such assistance). 

11 (4) EXEMPTION.—Nonproject sector assistance funds 

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

13 only through the notification procedures of the Committees 

14 on Appropriations. 

15 ENTERPRISE FUND RESTRICTIONS

16 SEC. 5030. (a) Prior to the distribution of any assets 

17 resulting from any liquidation, dissolution, or winding up 

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

19 shall submit to the Committees on Appropriations, in ac20 cordance with the regular notification procedures of the 

21 Committees on Appropriations, a plan for the distribution 

22 of the assets of the Enterprise Fund. 

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

24 Funds shall be expended at the minimum rate necessary 

25 to make timely payment for projects and activities. 
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1 BURMA

2 SEC. 5031. (a) The Secretary of the Treasury shall in3 struct the United States executive director to each appro4 priate international financial institution in which the 

5 United States participates, to oppose and vote against the 

6 extension by such institution of any loan or financial or 

7 technical assistance or any other utilization of funds of the 

8 respective bank to and for Burma. 

9 (b) Of the funds appropriated under the heading ‘‘Eco10 nomic Support Fund’’, not less than $15,000,000 shall be 

11 made available to support democracy activities in Burma, 

12 along the Burma-Thailand border, for activities of Burmese 

13 student groups and other organizations located outside 

14 Burma, and for the purpose of supporting the provision of 

15 humanitarian assistance to displaced Burmese along Bur16 ma’s borders: Provided, That funds made available under 

17 this heading may be made available notwithstanding any 

18 other provision of law: Provided further, That in addition 

19 to assistance for Burmese refugees provided under the head20 ing ‘‘Migration and Refugee Assistance’’ in this Act, not 

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

22 heading shall be made available for humanitarian assist23 ance for displaced Burmese and host communities in Thai24 land, and not less than $3,000,000 of such funds shall be 

25 made available to Thailand-based, nongovernmental orga-
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1 nizations operating along the Thai-Burma border to pro2 vide food, medical and other humanitarian assistance to in3 ternally displaced peoples in Burma: Provided further, 

4 That funds made available under this section shall be sub5 ject to the regular notification procedures of the Committees 

6 on Appropriations. 

7 (c) None of the funds appropriated by this Act may 

8 be made available to the central government of any country 

9 that is a major provider of weapons or other defense-related 

10 equipment to the State Peace and Development Council. 

11 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

12 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

13 SEC. 5032. Unless expressly provided to the contrary, 

14 provisions of this or any other Act, including provisions 

15 contained in prior Acts authorizing or making appropria16 tions for foreign operations, export financing, and related 

17 programs, shall not be construed to prohibit activities au18 thorized by or conducted under the Peace Corps Act, the 

19 Inter-American Foundation Act or the African Develop20 ment Foundation Act. The agency shall promptly report to 

21 the Committees on Appropriations whenever it is con22 ducting activities or is proposing to conduct activities in 

23 a country for which assistance is prohibited. 

24 IMPACT ON JOBS IN THE UNITED STATES

25 SEC. 5033. None of the funds appropriated by this Act 

26 may be obligated or expended to provide—
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1 (a) any financial incentive to a business enter2 prise currently located in the United States for the 

3 purpose of inducing such an enterprise to relocate 

4 outside the United States if such incentive or induce5 ment is likely to reduce the number of employees of 

6 such business enterprise in the United States because 

7 United States production is being replaced by such 

8 enterprise outside the United States; or 

9 (b) assistance for any program, project, or activ10 ity that contributes to the violation of internationally 

11 recognized workers rights, as defined in section 507(4) 

12 of the Trade Act of 1974, of workers in the recipient 

13 country, including any designated zone or area in 

14 that country: Provided, That the application of sec15 tion 507(4) (D) and (E) of such Act should be com16 mensurate with the level of development of the recipi17 ent country and sector, and shall not preclude assist18 ance for the informal sector in such country, micro 

19 and small-scale enterprise, and smallholder agri20 culture. 

21 SPECIAL AUTHORITIES

22 SEC. 5034. (a) AFGHANISTAN, IRAQ, PAKISTAN, LEB23 ANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED CHIL24 DREN, AND DISPLACED BURMESE.—Funds appropriated by 

25 this Act that are made available for assistance for Afghani26 stan may be made available notwithstanding section 5012 
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1 of this Act or any similar provision of law and section 660 

2 of the Foreign Assistance Act of 1961, and funds appro3 priated in titles I and II of this Act that are made available 

4 for Iraq, Lebanon, Montenegro, Pakistan, and for victims 

5 of war, displaced children, and displaced Burmese, and to 

6 assist victims of trafficking in persons and, subject to the 

7 regular notification procedures of the Committees on Appro8 priations, to combat such trafficking and to address sexual 

9 and gender-based violence, may be made available notwith10 standing any other provision of law. 

11 (b) TROPICAL FORESTRY AND BIODIVERSITY CON12 SERVATION ACTIVITIES.—Funds appropriated by this Act 

13 to carry out the provisions of sections 103 through 106, and 

14 chapter 4 of part II, of the Foreign Assistance Act of 1961 

15 may be used, notwithstanding any other provision of law, 

16 for the purpose of supporting tropical forestry and biodiver17 sity conservation activities and energy programs aimed at 

18 reducing greenhouse gas emissions: Provided, That such as19 sistance shall be subject to sections 116, 502B, and 620A 

20 of the Foreign Assistance Act of 1961. 

21 (c) PERSONAL SERVICES CONTRACTORS.—Funds ap22 propriated by this Act to carry out chapter 1 of part I, 

23 chapter 4 of part II, and section 667 of the Foreign Assist24 ance Act of 1961, and title II of the Agricultural Trade 

25 Development and Assistance Act of 1954, may be used by 
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1 the United States Agency for International Development to 

2 employ up to 25 personal services contractors in the United 

3 States, notwithstanding any other provision of law, for the 

4 purpose of providing direct, interim support for new or ex5 panded overseas programs and activities managed by the 

6 agency until permanent direct hire personnel are hired and 

7 trained: Provided, That not more than 10 of such contrac8 tors shall be assigned to any bureau or office: Provided fur9 ther, That such funds appropriated to carry out title II of 

10 the Agricultural Trade Development and Assistance Act of 

11 1954, may be made available only for personal services con12 tractors assigned to the Office of Food for Peace. 

13 (d)(1) WAIVER.—The President may waive the provi14 sions of section 1003 of Public Law 100–204 if the Presi15 dent determines and certifies in writing to the Speaker of 

16 the House of Representatives and the President pro tempore 

17 of the Senate that it is important to the national security 

18 interests of the United States. 

19 (2) PERIOD OF APPLICATION OF WAIVER.—Any waiver 

20 pursuant to paragraph (1) shall be effective for no more 

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

22 beyond 12 months after the enactment of this Act. 

23 (e) SMALL BUSINESS.—In entering into multiple 

24 award indefinite-quantity contracts with funds appro25 priated by this Act, the United States Agency for Inter-
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1 national Development may provide an exception to the fair 

2 opportunity process for placing task orders under such con3 tracts when the order is placed with any category of small 

4 or small disadvantaged business. 

5 (f) CONTINGENCIES.—During fiscal year 2005, the 

6 President may use up to $50,000,000 under the authority 

7 of section 451 of the Foreign Assistance Act of 1961, not8 withstanding the funding ceiling in section 451(a). 

9 (g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—

10 In providing assistance with funds appropriated by this 

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

12 of 1961, support for a nation emerging from instability 

13 may be deemed to mean support for regional, district, mu14 nicipal, or other sub-national entity emerging from insta15 bility, as well as a nation emerging from instability. 

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

17 by the Bureau for Democracy, Conflict, and Humanitarian 

18 Assistance of the United States Agency for International 

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

20 $6,000,000 shall be made available as a general contribu21 tion to the World Food Program, notwithstanding any other 

22 provision of law. 

23 (i) NATIONAL ENDOWMENTFOR DEMOCRACY.—Funds 

24 appropriated by this Act that are provided to the National 
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1 Endowment for Democracy may be provided notwith2 standing any other provision of law or regulation. 

3 (j) SUDAN.—For the purposes of section 501 of Public 

4 Law 106–570, the terms ‘‘areas outside of control of the 

5 Government of Sudan’’ and ‘‘area in Sudan outside of con6 trol of the Government of Sudan’’ shall, upon conclusion 

7 of a peace agreement between the Government of Sudan and 

8 the Sudan People’s Liberation Movement, have the same 

9 meaning and application as was the case immediately prior 

10 to the conclusion of such agreement. 

11 (k) INDOCHINESE PAROLEES.—Section 586 of the For12 eign Operations, Export Financing, and Related Programs 

13 Appropriations Act, 2001 (8 U.S.C. 1255 note), as enacted 

14 into law by section 101(a) of Public Law 106–429, is 

15 amended—

16 (1) by striking ‘‘Attorney General’’ each place 

17 that term appears and inserting ‘‘Secretary of Home18 land Security’’; 

19 (2) in subsection (a)—

20 (A) in the matter preceding paragraph (1), 

21 by striking ‘‘she’’ and inserting ‘‘the Secretary of 

22 Homeland Security’’; and 

23 (B) in paragraph (1), by striking ‘‘within 

24 three years after the date of promulgation by the 
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1 Attorney General of regulations in connection 

2 with this title’’; 

3 (3) in subsection (c), by striking ‘‘212(8)(A)’’ 

4 and inserting ‘‘212(a)(8)(A)’’; 

5 (4) by striking subsection (d); 

6 (5) by redesignating subsections (e) and (f) as 

7 subsections (d) and (e), respectively; 

8 (6) by adding at the end the following new sub9 section: 

10 ‘‘(f) ADJUDICATION OF APPLICATIONS.—The Secretary 

11 of Homeland Security shall—

12 ‘‘(1) adjudicate applications for adjustment 

13 under this section, notwithstanding any limitation on 

14 the number of adjustments under this section or any 

15 deadline for such applications that previously existed 

16 in law or regulation; and 

17 ‘‘(2) not charge a fee in addition to any fee that 

18 previously was submitted with such application.’’; 

19 and 

20 (7) The amendments made by this subsection 

21 shall take effect as if enacted as part of the Foreign 

22 Operations, Export Financing, and Related Programs 

23 Appropriations Act, 2001. 

24 (l) EXTENSION OF AUTHORITY.—Public Law 107–57, 

25 as amended, is further amended—
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1 (1) in section 1(b) by striking ‘‘2004’’ wherever 

2 appearing (including in the caption), and inserting 

3 in lieu thereof ‘‘2005’’; 

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

5 inserting in lieu thereof ‘‘2004 and 2005’’; and 

6 (3) in section 6, by striking ‘‘2004’’ and insert7 ing in lieu thereof ‘‘2005’’. 

8 (m) ENDOWMENTS.—

9 (1) Of the funds appropriated by this Act and 

10 prior Acts making appropriations for foreign oper11 ations, export financing, and related programs, that 

12 are available for assistance for Cambodia, the fol13 lowing amounts should be made available as follows: 

14 (A) $5,000,000 for an endowment for a 

15 Cambodian nongovernmental organization to 

16 document genocide and crimes against humanity 

17 in Cambodia; and 

18 (B) $3,750,000 for an endowment for an 

19 American nongovernmental organization to sus20 tain rehabilitation programs in Cambodia for 

21 persons suffering from physical disabilities. 

22 (2) Such organizations may place amounts made 

23 available under this subsection in interest bearing ac24 counts and any interest earned on such investment 
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1 shall be used for the purpose for which funds were 

2 made available under this subsection. 

3 (3) Funds appropriated in subsequent Acts mak4 ing appropriations for foreign operations, export fi5 nancing, and related programs may also be used for 

6 purposes of this subsection. 

7 (n) CONFORMITY OF LAWS.—Title 16, United States 

8 Code is amended—

9 (1) in section 3371(f), by inserting ‘‘or foreign 

10 country’’ after ‘‘indigenous to any State’’; 

11 (2) in section 3371(f)(B), by inserting ‘‘or for12 eign’’ after ‘‘State’’; 

13 (3) in section 3372(a)(2)(B), by inserting before 

14 the semicolon ‘‘or in violation of any foreign law’’; 

15 and 

16 (4) in section 3372(a)(3)(B), by inserting before 

17 the semicolon ‘‘or in violation of any foreign law’’. 

18 (o) EXTENSION OF AUTHORITY.—Chapter 5 of title I 

19 of the Emergency Wartime Supplemental Appropriations 

20 Act, 2003 (Public Law 108–11), is amended under the head21 ing ‘‘Loan Guarantees to Israel’’—

22 (1) by striking ‘‘During the period beginning 

23 March 1, 2003, and ending September 30, 2005,’’ and 

24 inserting ‘‘During the period beginning March 1, 

25 2003, and ending September 30, 2007,’’; and 
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1 (2) by striking ‘‘That if less than the full amount 

2 of guarantees authorized to be made available is 

3 issued prior to September 30, 2005,’’ and inserting 

4 ‘‘That if less than the full amount of guarantees au5 thorized to be made available is issued prior to Sep6 tember 30, 2007,’’. 

7 (p) AFFORDABLE HOUSING.—Section 607(b)(3)(B) of 

8 title VI of division D of the Consolidated Appropriations 

9 Act of 2004, P.L. 108–199, January 23, 2004, is amended 

10 by striking ‘‘and’’ under subparagraph (A), and inserting 

11 before the period in subparagraph (B): ‘‘; and (C) provide 

12 decent, affordable housing’’

13 ARAB LEAGUE BOYCOTT OF ISRAEL

14 SEC. 5035. It is the sense of the Congress that—

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

16 secondary boycott of American firms that have com17 mercial ties with Israel, is an impediment to peace 

18 in the region and to United States investment and 

19 trade in the Middle East and North Africa; 

20 (2) the Arab League boycott, which was regret21 tably reinstated in 1997, should be immediately and 

22 publicly terminated, and the Central Office for the 

23 Boycott of Israel immediately disbanded; 

24 (3) the three Arab League countries with diplo25 matic and trade relations with Israel should return 

26 their ambassadors to Israel, should refrain from 
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1 downgrading their relations with Israel, and should 

2 play a constructive role in securing a peaceful resolu3 tion of the Israeli-Arab conflict; 

4 (4) the remaining Arab League states should 

5 normalize relations with their neighbor Israel; 

6 (5) the President and the Secretary of State 

7 should continue to vigorously oppose the Arab League 

8 boycott of Israel and find concrete steps to dem9 onstrate that opposition by, for example, taking into 

10 consideration the participation of any recipient coun11 try in the boycott when determining to sell weapons 

12 to said country; and 

13 (6) the President should report to Congress an14 nually on specific steps being taken by the United 

15 States to encourage Arab League states to normalize 

16 their relations with Israel to bring about the termi17 nation of the Arab League boycott of Israel, including 

18 those to encourage allies and trading partners of the 

19 United States to enact laws prohibiting businesses 

20 from complying with the boycott and penalizing busi21 nesses that do comply. 

22 ELIGIBILITY FOR ASSISTANCE

23 SEC. 5036. (a) ASSISTANCE THROUGH NONGOVERN24 MENTAL ORGANIZATIONS.—Restrictions contained in this 

25 or any other Act with respect to assistance for a country 

26 shall not be construed to restrict assistance in support of 
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1 programs of nongovernmental organizations from funds ap2 propriated by this Act to carry out the provisions of chap3 ters 1, 10, 11, and 12 of part I and chapter 4 of part II 

4 of the Foreign Assistance Act of 1961, and from funds ap5 propriated under the heading ‘‘Assistance for Eastern Eu6 rope and the Baltic States’’: Provided, That before using 

7 the authority of this subsection to furnish assistance in sup8 port of programs of nongovernmental organizations, the 

9 President shall notify the Committees on Appropriations 

10 under the regular notification procedures of those commit11 tees, including a description of the program to be assisted, 

12 the assistance to be provided, and the reasons for furnishing 

13 such assistance: Provided further, That nothing in this sub14 section shall be construed to alter any existing statutory 

15 prohibitions against abortion or involuntary sterilizations 

16 contained in this or any other Act. 

17 (b) PUBLIC LAW 480.—During fiscal year 2005, re18 strictions contained in this or any other Act with respect 

19 to assistance for a country shall not be construed to restrict 

20 assistance under the Agricultural Trade Development and 

21 Assistance Act of 1954: Provided, That none of the funds 

22 appropriated to carry out title I of such Act and made 

23 available pursuant to this subsection may be obligated or 

24 expended except as provided through the regular notifica25 tion procedures of the Committees on Appropriations. 
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1 (c) EXCEPTION.—This section shall not apply—

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

3 Assistance Act of 1961 or any comparable provision 

4 of law prohibiting assistance to countries that support 

5 international terrorism; or 

6 (2) with respect to section 116 of the Foreign As7 sistance Act of 1961 or any comparable provision of 

8 law prohibiting assistance to the government of a 

9 country that violates internationally recognized 

10 human rights. 

11 RESERVATIONS OF FUNDS

12 SEC. 5037. (a) Funds appropriated by this Act which 

13 are earmarked may be reprogrammed for other programs 

14 within the same account notwithstanding the earmark if 

15 compliance with the earmark is made impossible by oper16 ation of any provision of this or any other Act: Provided, 

17 That any such reprogramming shall be subject to the reg18 ular notification procedures of the Committees on Appro19 priations: Provided further, That assistance that is repro20 grammed pursuant to this subsection shall be made avail21 able under the same terms and conditions as originally pro22 vided. 

23 (b) In addition to the authority contained in sub24 section (a), the original period of availability of funds ap25 propriated by this Act and administered by the United 

26 States Agency for International Development that are ear-
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1 marked for particular programs or activities by this or any 

2 other Act shall be extended for an additional fiscal year 

3 if the Administrator of such agency determines and reports 

4 promptly to the Committees on Appropriations that the ter5 mination of assistance to a country or a significant change 

6 in circumstances makes it unlikely that such earmarked 

7 funds can be obligated during the original period of avail8 ability: Provided, That such earmarked funds that are con9 tinued available for an additional fiscal year shall be obli10 gated only for the purpose of such earmark. 

11 CEILINGS AND EARMARKS

12 SEC. 5038. Ceilings and earmarks contained in this 

13 Act shall not be applicable to funds or authorities appro14 priated or otherwise made available by any subsequent Act 

15 unless such Act specifically so directs. Earmarks or min16 imum funding requirements contained in any other Act 

17 shall not be applicable to funds appropriated by this Act. 

18 PROHIBITION ON PUBLICITY OR PROPAGANDA

19 SEC. 5039. No part of any appropriation contained 

20 in this Act shall be used for publicity or propaganda pur21 poses within the United States not authorized before the 

22 date of the enactment of this Act by the Congress: Provided, 

23 That not to exceed $750,000 may be made available to carry 

24 out the provisions of section 316 of Public Law 96–533. 
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1 PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

2 SEC. 5040. None of the funds appropriated or made 

3 available pursuant to this Act for carrying out the Foreign 

4 Assistance Act of 1961, may be used to pay in whole or 

5 in part any assessments, arrearages, or dues of any member 

6 of the United Nations or, from funds appropriated by this 

7 Act to carry out chapter 1 of part I of the Foreign Assist8 ance Act of 1961, the costs for participation of another 

9 country’s delegation at international conferences held under 

10 the auspices of multilateral or international organizations. 

11 NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION

12 SEC. 5041. None of the funds appropriated or made 

13 available pursuant to this Act shall be available to a non14 governmental organization which fails to provide upon 

15 timely request any document, file, or record necessary to 

16 the auditing requirements of the United States Agency for 

17 International Development. 

18 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS

19 THAT EXPORT LETHAL MILITARY EQUIPMENT TO

20 COUNTRIES SUPPORTING INTERNATIONAL TERRORISM

21 SEC. 5042. (a) None of the funds appropriated or oth22 erwise made available by this Act may be available to any 

23 foreign government which provides lethal military equip24 ment to a country the government of which the Secretary 

25 of State has determined is a terrorist government for pur26 poses of section 6(j) of the Export Administration Act. The 
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1 prohibition under this section with respect to a foreign gov2 ernment shall terminate 12 months after that government 

3 ceases to provide such military equipment. This section ap4 plies with respect to lethal military equipment provided 

5 under a contract entered into after October 1, 1997. 

6 (b) Assistance restricted by subsection (a) or any other 

7 similar provision of law, may be furnished if the President 

8 determines that furnishing such assistance is important to 

9 the national interests of the United States. 

10 (c) Whenever the waiver authority of subsection (b) is 

11 exercised, the President shall submit to the appropriate con12 gressional committees a report with respect to the fur13 nishing of such assistance. Any such report shall include 

14 a detailed explanation of the assistance to be provided, in15 cluding the estimated dollar amount of such assistance, and 

16 an explanation of how the assistance furthers United States 

17 national interests. 

18 WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND

19 REAL PROPERTY TAXES OWED BY FOREIGN COUNTRIES

20 SEC. 5043. (a) Subject to subsection (c), of the funds 

21 appropriated by this Act that are made available for assist22 ance for a foreign country, an amount equal to 110 percent 

23 of the total amount of the unpaid fully adjudicated parking 

24 fines and penalties and unpaid property taxes owed by the 

25 central government of such country shall be withheld from 

26 obligation for assistance for the central government of such 
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1 country until the Secretary of State submits a certification 

2 to the appropriate congressional committees stating that 

3 such parking fines and penalties and unpaid property taxes 

4 are fully paid. 

5 (b) Funds withheld from obligation pursuant to sub6 section (a) may be made available for other programs or 

7 activities funded by this Act, after consultation with and 

8 subject to the regulation notification procedures of the ap9 propriate congressional committees, provided that no such 

10 funds shall be made available for assistance for the central 

11 government of a foreign country that has not paid the total 

12 amount of the fully adjudicated parking fines and penalties 

13 and upaid property taxes owed by such country. 

14 (c) Subsection (a) shall not include amounts that have 

15 been withheld under any other provision of law. 

16 (d)(1) The Secretary of State may waive the require17 ments set forth in subsection (a) with respect to parking 

18 fines and penalties no sooner than 60 days from the date 

19 of enactment of this Act, or at any time with respect to 

20 a particular country, if the Secretary determines that it 

21 is in the national interests of the United States to do so. 

22 (2) the Secretary of State may waive the requirements set 

23 forth in subsection (a) with respect to the unpaid property 

24 taxes if the Secretary of State determines that it is in the 

25 national interests of the United States to do so. 
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1 (e) Not later than 6 months after the initial exercise 

2 of the waiver authority in subsection (d), the Secretary of 

3 State, after consultations with the City of New York, shall 

4 submit a report to the Committees on Appropriations de5 scribing a strategy, including a timetable and steps cur6 rently being taken, to collect the parking fines and penalties 

7 and unpaid property taxes and interest owed by nations 

8 receiving foreign assistance under this Act. 

9 (f) In this section: 

10 (1) The term ‘‘appropriate congressional com11 mittees’’ means the Committee on Appropriations of 

12 the Senate and the Committee on Appropriations of 

13 the House of Representatives. 

14 (2) The term ‘‘fully adjudicated’’ includes cir15 cumstances in which the person to whom the vehicle 

16 is registered—

17 (A)(i) has not responded to the parking vio18 lation summons; or 

19 (ii) has not followed the appropriate adju20 dication procedure to challenge the summons; 

21 and 

22 (B) the period of time for payment of or 

23 challenge to the summons has lapsed. 

24 (3) The term ‘‘parking fines and penalties’’ 

25 means parking fines and penalties—
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1 (A) owed to—

2 (i) the District of Columbia; or 

3 (ii) New York, New York; and 

4 (B) incurred during the period April 1, 

5 1997 through September 30, 2004. 

6 (4) The term ‘unpaid property taxes’ means the 

7 amount of unpaid taxes and interest on such taxes 

8 that have accrued on real property in the District of 

9 Columbia or New York, New York under applicable 

10 law. 

11 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST

12 BANK AND GAZA

13 SEC. 5044. None of the funds appropriated by this Act 

14 may be obligated for assistance for the Palestine Liberation 

15 Organization for the West Bank and Gaza unless the Presi16 dent has exercised the authority under section 604(a) of the 

17 Middle East Peace Facilitation Act of 1995 (title VI of Pub18 lic Law 104–107) or any other legislation to suspend or 

19 make inapplicable section 307 of the Foreign Assistance Act 

20 of 1961 and that suspension is still in effect: Provided, That 

21 if the President fails to make the certification under section 

22 604(b)(2) of the Middle East Peace Facilitation Act of 1995 

23 or to suspend the prohibition under other legislation, funds 

24 appropriated by this Act may not be obligated for assistance 

25 for the Palestine Liberation Organization for the West Bank 

26 and Gaza. 
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1 WAR CRIMES TRIBUNALS DRAWDOWN

2 SEC. 5045. If the President determines that doing so 

3 will contribute to a just resolution of charges regarding 

4 genocide or other violations of international humanitarian 

5 law, the President may direct a drawdown pursuant to sec6 tion 552(c) of the Foreign Assistance Act of 1961 of up to 

7 $32,000,000 of commodities and services for the United Na8 tions War Crimes Tribunal established with regard to the 

9 former Yugoslavia by the United Nations Security Council 

10 or such other tribunals or commissions as the Council may 

11 establish or authorize to deal with such violations, without 

12 regard to the ceiling limitation contained in paragraph (2) 

13 thereof: Provided, That the determination required under 

14 this section shall be in lieu of any determinations otherwise 

15 required under section 552(c): Provided further, That the 

16 drawdown made under this section for any tribunal shall 

17 not be construed as an endorsement or precedent for the es18 tablishment of any standing or permanent international 

19 criminal tribunal or court: Provided further, That funds 

20 made available for tribunals other than Yugoslavia, Rwan21 da, or the Special Court for Sierra Leone shall be made 

22 available subject to the regular notification procedures of 

23 the Committees on Appropriations. 

24 LANDMINES

25 SEC. 5046. Notwithstanding any other provision of 

26 law, demining equipment available to the United States 
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1 Agency for International Development and the Department 

2 of State and used in support of the clearance of landmines 

3 and unexploded ordnance for humanitarian purposes may 

4 be disposed of on a grant basis in foreign countries, subject 

5 to such terms and conditions as the President may pre6 scribe. 

7 RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

8 SEC. 5047. None of the funds appropriated by this Act 

9 may be obligated or expended to create in any part of Jeru10 salem a new office of any department or agency of the 

11 United States Government for the purpose of conducting of12 ficial United States Government business with the Pales13 tinian Authority over Gaza and Jericho or any successor 

14 Palestinian governing entity provided for in the Israel-PLO 

15 Declaration of Principles: Provided, That this restriction 

16 shall not apply to the acquisition of additional space for 

17 the existing Consulate General in Jerusalem: Provided fur18 ther, That meetings between officers and employees of the 

19 United States and officials of the Palestinian Authority, or 

20 any successor Palestinian governing entity provided for in 

21 the Israel-PLO Declaration of Principles, for the purpose 

22 of conducting official United States Government business 

23 with such authority should continue to take place in loca24 tions other than Jerusalem. As has been true in the past, 

25 officers and employees of the United States Government 

26 may continue to meet in Jerusalem on other subjects with 
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1 Palestinians (including those who now occupy positions in 

2 the Palestinian Authority), have social contacts, and have 

3 incidental discussions. 

4 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

5 SEC. 5048. None of the funds appropriated or other6 wise made available by this Act under the heading ‘‘Inter7 national Military Education and Training’’ or ‘‘Foreign 

8 Military Financing Program’’ for Informational Program 

9 activities or under the headings ‘‘Child Survival and 

10 Health Programs Fund’’, ‘‘Development Assistance’’, and 

11 ‘‘Economic Support Fund’’ may be obligated or expended 

12 to pay for—

13 (1) alcoholic beverages; or 

14 (2) entertainment expenses for activities that are 

15 substantially of a recreational character, including 

16 but not limited to entrance fees at sporting events, 

17 theatrical and musical productions, and amusement 

18 parks. 

19 HAITI

20 SEC. 5049. (a) Of the funds appropriated by this Act, 

21 not less than the following amounts shall be made available 

22 for assistance for Haiti—

23 (1) $20,000,000 from ‘‘Child Survival and 

24 Health Programs Fund’’, including $2,000,000 for 

25 Zanmi Lasante; 
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1 (2) $25,000,000 from ‘‘Development Assistance’’, 

2 of which not less than $15,000,000 shall be made 

3 available for agriculture and environment programs, 

4 including $2,000,000 for the Hillside Agriculture Pro5 duction program; 

6 (3) $35,000,000 from ‘‘Economic Support Fund’’, 

7 $25,000,000 of which shall be made available for judi8 cial reform programs, and $10,000,000 of which shall 

9 be made available to the Organization of American 

10 States for expenses related to the organization and 

11 holding of free and fair elections in Haiti in 2005; 

12 and 

13 (4) $10,000,000 from ‘‘International Narcotics 

14 Control and Law Enforcement’’, which shall be made 

15 available for police training. 

16 (b) The Government of Haiti shall be eligible to pur17 chase defense articles and services under the Arms Export 

18 Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard. 

19 (c) Not later than 60 days after enactment of this Act, 

20 the Secretary of State shall submit a report to the Commit21 tees on Appropriations containing an assessment of the 

22 Haitian Government’s role in the trial and acquittal of 

23 Louis Jodel Chamblain, and of the Haitian Government’s 

24 efforts to prosecute and punish individuals responsible for 

25 gross violations of human rights. 
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1 (d) Not less than 90 days after enactment of this Act, 

2 the Secretary of State shall submit a report to the Commit3 tees on Appropriations which contains a detailed multi4 year assistance strategy for Haiti. 

5 (e) Not later than 180 days after enactment of this 

6 Act and after consultation with appropriate international 

7 development organizations and Haitian officials, organiza8 tions and communities, the Administrator of the United 

9 States Agency for International Development shall submit 

10 a report to the Committees on Appropriations setting forth 

11 a plan for the reforestation of areas in Haiti that are vul12 nerable to erosion which pose significant danger to human 

13 health and safety. 

14 LIMITATION ON ASSISTANCE TO THE PALESTINIAN

15 AUTHORITY

16 SEC. 5050. (a) PROHIBITION OF FUNDS.—None of the 

17 funds appropriated by this Act to carry out the provisions 

18 of chapter 4 of part II of the Foreign Assistance Act of 1961 

19 may be obligated or expended with respect to providing 

20 funds to the Palestinian Authority. 

21 (b) WAIVER.—The prohibition included in subsection 

22 (a) shall not apply if the President certifies in writing to 

23 the Speaker of the House of Representatives and the Presi24 dent pro tempore of the Senate that waiving such prohibi25 tion is important to the national security interests of the 

26 United States. 
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1 (c) PERIOD OF APPLICATION OF WAIVER.—Any waiv2 er pursuant to subsection (b) shall be effective for no more 

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

4 beyond 12 months after the enactment of this Act. 

5 (d) REPORT.—Whenever the waiver authority pursu6 ant to subsection (b) is exercised, the President shall submit 

7 a report to the Committees on Appropriations detailing the 

8 steps the Palestinian Authority has taken to arrest terror9 ists, confiscate weapons and dismantle the terrorist infra10 structure. The report shall also include a description of how 

11 funds will be spent and the accounting procedures in place 

12 to ensure that they are properly disbursed. 

13 LIMITATION ON ASSISTANCE TO SECURITY FORCES

14 SEC. 5051. None of the funds made available by this 

15 Act may be provided to any unit of the security forces of 

16 a foreign country if the Secretary of State has credible evi17 dence that such unit has committed gross violations of 

18 human rights, unless the Secretary determines and reports 

19 to the Committees on Appropriations that the government 

20 of such country is taking effective measures to bring the re21 sponsible members of the security forces unit to justice: Pro22 vided, That nothing in this section shall be construed to 

23 withhold funds made available by this Act from any unit 

24 of the security forces of a foreign country not credibly al25 leged to be involved in gross violations of human rights: 

26 Provided further, That in the event that funds are withheld 
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1 from any unit pursuant to this section, the Secretary of 

2 State shall promptly inform the foreign government of the 

3 basis for such action and shall, to the maximum extent 

4 practicable, assist the foreign government in taking effective 

5 measures to bring the responsible members of the security 

6 forces to justice. 

7 FOREIGN MILITARY TRAINING REPORT

8 SEC. 5052. The annual foreign military training re9 port required by section 656 of the Foreign Assistance Act 

10 of 1961 shall be submitted by the Secretary of Defense and 

11 the Secretary of State to the Committees on Appropriations 

12 of the House of Representatives and the Senate by the date 

13 specified in that section. 

14 AUTHORIZATION REQUIREMENT

15 SEC. 5053. Funds appropriated by this Act, except 

16 funds appropriated under the headings ‘‘Trade and Devel17 opment Agency’’, ‘‘Millenium Challenge Corporation’’, and 

18 ‘‘Global HIV/AIDS Initiative’’, may be obligated and ex19 pended notwithstanding section 10 of Public Law 91–672 

20 and section 15 of the State Department Basic Authorities 

21 Act of 1956. 

22 CAMBODIA

23 SEC. 5054. (a) The Secretary of the Treasury should 

24 instruct the United States executive directors of the inter25 national financial institutions to use the voice and vote of 
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1 the United States to oppose loans to the Central Govern2 ment of Cambodia, except loans to meet basic human needs. 

3 (b)(1) None of the funds appropriated by this Act may 

4 be made available for assistance for the Central Government 

5 of Cambodia. 

6 (2) Paragraph (1) shall not apply to assistance for 

7 basic education, reproductive and maternal and child 

8 health, cultural and historic preservation, programs for the 

9 prevention, treatment, and control of, and research on, 

10 HIV/AIDS, tuberculosis, malaria, polio and other infectious 

11 diseases, development and implementation of legislation 

12 and implementation of procedures on inter-country adop13 tions consistent with international standards, counter14 narcotics programs, programs to combat human trafficking 

15 that are provided through nongovernmental organizations, 

16 and for the Ministry of Women and Veterans Affairs to 

17 combat human trafficking. 

18 (c) Notwithstanding subsection (b), of the funds appro19 priated by this Act under the heading ‘‘Economic Support 

20 Fund’’, up to $5,000,000 may be made available for activi21 ties to support democracy, including assistance for demo22 cratic political parties. 

23 (d) Funds appropriated by this Act to carry out provi24 sions of section 541 of the Foreign Assistance Act of 1961 

25 may be made available notwithstanding subsection (b) only 
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1 if at least 15 days prior to the obligation of such funds, 

2 the Secretary of State provides to the Committees on Appro3 priations a list of those individuals who have been credibly 

4 alleged to have ordered or carried out extrajudicial and po5 litical killings that occurred during the March 1997 grenade 

6 attack against the Khmer Nation Party. 

7 (e) None of the funds appropriated or otherwise made 

8 available by this Act may be used to provide assistance to 

9 any tribunal established by the Government of Cambodia. 

10 PALESTINIAN STATEHOOD

11 SEC. 5055. (a) LIMITATION ON ASSISTANCE.—None of 

12 the funds appropriated by this Act may be provided to sup13 port a Palestinian state unless the Secretary of State deter14 mines and certifies to the appropriate congressional com15 mittees that—

16 (1) a new leadership of a Palestinian governing 

17 entity has been democratically elected through credible 

18 and competitive elections; 

19 (2) the elected governing entity of a new Pales20 tinian state—

21 (A) has demonstrated a firm commitment to 

22 peaceful co-existence with the State of Israel; 

23 (B) is taking appropriate measures to 

24 counter terrorism and terrorist financing in the 

25 West Bank and Gaza, including the dismantling 

26 of terrorist infrastructures; 
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1 (C) is establishing a new Palestinian secu2 rity entity that is cooperative with appropriate 

3 Israeli and other appropriate security organiza4 tions; and 

5 (3) the Palestinian Authority (or the governing 

6 body of a new Palestinian state) is working with 

7 other countries in the region to vigorously pursue ef8 forts to establish a just, lasting, and comprehensive 

9 peace in the Middle East that will enable Israel and 

10 an independent Palestinian state to exist within the 

11 context of full and normal relationships, which should 

12 include—

13 (A) termination of all claims or states of 

14 belligerency; 

15 (B) respect for and acknowledgement of the 

16 sovereignty, territorial integrity, and political 

17 independence of every state in the area through 

18 measures including the establishment of demili19 tarized zones; 

20 (C) their right to live in peace within secure 

21 and recognized boundaries free from threats or 

22 acts of force; 

23 (D) freedom of navigation through inter24 national waterways in the area; and 
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1 (E) a framework for achieving a just settle2 ment of the refugee problem. 

3 (b) SENSE OF CONGRESS.—It is the sense of Congress 

4 that the newly elected governing entity should enact a con5 stitution assuring the rule of law, an independent judici6 ary, and respect for human rights for its citizens, and 

7 should enact other laws and regulations assuring trans8 parent and accountable governance. 

9 (c) WAIVER.—The President may waive subsection (a) 

10 if he determines that it is important to the national security 

11 interests of the United States to do so. 

12 (d) EXEMPTION.—The restriction in subsection (a) 

13 shall not apply to assistance intended to help reform the 

14 Palestinian Authority and affiliated institutions, or a 

15 newly elected governing entity, in order to help meet the 

16 requirements of subsection (a), consistent with the provi17 sions of section 5050 of this Act (‘‘Limitation on Assistance 

18 to the Palestinian Authority’’). 

19 COLOMBIA

20 SEC. 5056. (a) DETERMINATION AND CERTIFICATION

21 REQUIRED.—Notwithstanding any other provision of law, 

22 funds appropriated by this Act that are available for assist23 ance for the Colombian Armed Forces, may be made avail24 able as follows: 
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1 (1) Up to 75 percent of such funds may be obli2 gated prior to a determination and certification by 

3 the Secretary of State pursuant to paragraph (2). 

4 (2) Up to 12.5 percent of such funds may be obli5 gated only after the Secretary of State certifies and 

6 reports to the appropriate congressional committees 

7 that: 

8 (A) The Commander General of the Colom9 bian Armed Forces is suspending from the 

10 Armed Forces those members, of whatever rank 

11 who, according to the Minister of Defense or the 

12 Procuraduria General de la Nacion, have been 

13 credibly alleged to have committed gross viola14 tions of human rights, including extra-judicial 

15 killings, or to have aided or abetted paramilitary 

16 organizations. 

17 (B) The Colombian Government is vigor18 ously investigating and prosecuting those mem19 bers of the Colombian Armed Forces, of whatever 

20 rank, who have been credibly alleged to have 

21 committed gross violations of human rights, in22 cluding extra-judicial killings, or to have aided 

23 or abetted paramilitary organizations, and is 

24 promptly punishing those members of the Colom25 bian Armed Forces found to have committed such 
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1 violations of human rights or to have aided or 

2 abetted paramilitary organizations. 

3 (C) The Colombian Armed Forces have 

4 made substantial progress in cooperating with 

5 civilian prosecutors and judicial authorities in 

6 such cases (including providing requested infor7 mation, such as the identity of persons sus8 pended from the Armed Forces and the nature 

9 and cause of the suspension, and access to wit10 nesses, relevant military documents, and other 

11 requested information). 

12 (D) The Colombian Armed Forces have 

13 made substantial progress in severing links (in14 cluding denying access to military intelligence, 

15 vehicles, and other equipment or supplies, and 

16 ceasing other forms of active or tacit coopera17 tion) at the command, battalion, and brigade 

18 levels, with paramilitary organizations, espe19 cially in regions where these organizations have 

20 a significant presence. 

21 (E) The Colombian Government is disman22 tling paramilitary leadership and financial net23 works by arresting commanders and financial 

24 backers, especially in regions where these net25 works have a significant presence. 
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1 (3) The balance of such funds may be obligated 

2 after July 31, 2005, if the Secretary of State certifies 

3 and reports to the appropriate congressional commit4 tees, after such date, that the Colombian Armed 

5 Forces are continuing to meet the conditions con6 tained in paragraph (2) and are conducting vigorous 

7 operations to restore government authority and re8 spect for human rights in areas under the effective 

9 control of paramilitary and guerrilla organizations. 

10 (b) CONGRESSIONAL NOTIFICATION.—Funds made 

11 available by this Act for the Colombian Armed Forces shall 

12 be subject to the regular notification procedures of the Com13 mittees on Appropriations. 

14 (c) CONSULTATIVE PROCESS.—

15 (1) Prior to making the certifications required 

16 by subsection (a), the Secretary of State shall consult 

17 with the appropriate congressional committees, re18 quest the opinion of the Office of the United Nations 

19 High Commissioner for Human Rights in Colombia 

20 and consult with the International Committee of the 

21 Red Cross regarding each of the conditions specified 

22 in paragraphs (2)(A) through (E) of that subsection. 

23 (2) Not later than 60 days after the date of en24 actment of this Act, and every 90 days thereafter 

25 until September 30, 2006, the Secretary of State shall 
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1 consult with internationally recognized human rights 

2 organizations regarding progress in meeting the con3 ditions contained in that subsection. 

4 (d) DEFINITIONS.—In this section: 

5 (1) AIDED OR ABETTED.—The term ‘‘aided or 

6 abetted’’ means to provide any support to para7 military groups, including taking actions which 

8 allow, facilitate, or otherwise foster the activities of 

9 such groups. 

10 (2) PARAMILITARY GROUPS.—The term ‘‘para11 military groups’’ means illegal self-defense groups 

12 and illegal security cooperatives. 

13 ILLEGAL ARMED GROUPS

14 SEC. 5057. (a) DENIAL OF VISAS TO SUPPORTERS OF

15 COLOMBIAN ILLEGAL ARMED GROUPS.—Subject to sub16 section (b), the Secretary of State shall not issue a visa to 

17 any alien who the Secretary determines, based on credible 

18 evidence—

19 (1) has willfully provided any support to the 

20 Revolutionary Armed Forces of Colombia (FARC), the 

21 National Liberation Army (ELN), or the United Self22 Defense Forces of Colombia (AUC), including taking 

23 actions or failing to take actions which allow, facili24 tate, or otherwise foster the activities of such groups; 

25 or 
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1 (2) has committed, ordered, incited, assisted, or 

2 otherwise participated in the commission of gross vio3 lations of human rights, including extra-judicial 

4 killings, in Colombia. 

5 (b) WAIVER.—Subsection (a) shall not apply if the 

6 Secretary of State determines and certifies to the appro7 priate congressional committees, on a case-by-case basis, 

8 that the issuance of a visa to the alien is necessary to sup9 port the peace process in Colombia or for urgent humani10 tarian reasons. 

11 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

12 BROADCASTING CORPORATION

13 SEC. 5058. None of the funds appropriated or other14 wise made available by this Act may be used to provide 

15 equipment, technical support, consulting services, or any 

16 other form of assistance to the Palestinian Broadcasting 

17 Corporation. 

18 WESTBANK AND GAZA PROGRAM

19 SEC. 5059. (a) OVERSIGHT.—For fiscal year 2005, 30 

20 days prior to the initial obligation of funds for the bilateral 

21 West Bank and Gaza Program, the Secretary of State shall 

22 certify to the appropriate committees of Congress that pro23 cedures have been established to assure the Comptroller Gen24 eral of the United States will have access to appropriate 

25 United States financial information in order to review the 

26 uses of United States assistance for the Program funded 
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1 under the heading ‘‘Economic Support Fund’’ for the West 

2 Bank and Gaza. 

3 (b) VETTING.—Prior to the obligation of funds appro4 priated by this Act under the heading ‘‘Economic Support 

5 Fund’’ for assistance for the West Bank and Gaza, the Sec6 retary of State shall take all appropriate steps to ensure 

7 that such assistance is not provided to or through any indi8 vidual, private or government entity, or educational insti9 tution that the Secretary knows or has reason to believe ad10 vocates, plans, sponsors, engages in, or has engaged in, ter11 rorist activity. The Secretary of State shall, as appropriate, 

12 establish procedures specifying the steps to be taken in car13 rying out this subsection and shall terminate assistance to 

14 any individual, entity, or educational institution which he 

15 has determined to be involved in or advocating terrorist ac16 tivity. 

17 (c) CERTIFICATION.—Prior to making an award of 

18 any grant or cooperative agreement obligating funds appro19 priated by this Act for assistance under the West Bank and 

20 Gaza program, the United States Agency for International 

21 Development shall obtain from the proposed recipient of 

22 such funds a certification to the effect that the recipient will 

23 take all reasonable steps to ensure that it does not, and will 

24 not, knowingly provide material support or resources to any 

25 individual or entity that engages in, or has engaged in, ter-
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1 rorist acts: Provided, That such certification shall also re2 quire that the proposed recipient will implement reasonable 

3 monitoring and oversight procedure to safeguard against 

4 assistance being diverted to support terrorist activity. 

5 (d) PROHIBITION.—None of the funds appropriated by 

6 this Act for assistance under the West Bank and Gaza pro7 gram may be made available for the purpose of recognizing 

8 or otherwise honoring individuals who commit, or have 

9 committed, acts of terrorism. 

10 (e) AUDITS.—(1) The Administrator of the United 

11 States Agency for International Development shall ensure 

12 that Federal or non-Federal audits of all contractors and 

13 grantees, and significant subcontractors and subgrantees, 

14 under the West Bank and Gaza Program, are conducted at 

15 least on an annual basis to ensure, among other things, 

16 compliance with this section. 

17 (2) Of the funds appropriated by this Act under the 

18 heading ‘‘Economic Support Fund’’ that are made avail19 able for assistance for the West Bank and Gaza, up to 

20 $1,000,000 may be used by the Office of the Inspector Gen21 eral of the United States Agency for International Develop22 ment for audits, inspections, and other activities in further23 ance of the requirements of this subsection. Such funds are 

24 in addition to funds otherwise available for such purposes. 
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1 CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

2 SEC. 5060. (a) LIMITATIONS ON AMOUNTOF CON3 TRIBUTION.—Of the amounts made available under ‘‘Inter4 national Organizations and Programs’’ and ‘‘Child Sur5 vival and Health Programs Fund’’ for fiscal year 2005, 

6 $34,000,000 shall be made available for the United Nations 

7 Population Fund (hereafter in this section referred to as 

8 the ‘‘UNFPA’’): Provided, That of this amount, not less 

9 than $25,000,000 shall be derived from funds appropriated 

10 under the heading ‘‘International Organizations and Pro11 grams’’. 

12 (b) REPROGRAMMING OF FUNDS.—Of the funds appro13 priated in Public Law 108–199 that were available for the 

14 UNFPA, $25,000,000 shall be made available for the family 

15 planning, maternal, and reproductive health activities of 

16 the United States Agency for International Development in 

17 Albania, Azerbaijan, the Democratic Republic of the Congo, 

18 Ethiopia, Georgia, Haiti, Kazakhstan, Kenya, Nigeria, Ro19 mania, Russia, Rwanda, Tanzania, Uganda, and the 

20 Ukraine: Provided, That such programs and activities shall 

21 be deemed to have been justified to Congress. 

22 (c) PROHIBITION ON USE OF FUNDS IN CHINA.—None 

23 of the funds made available under ‘‘International Organiza24 tions and Programs’’ may be made available for the 
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1 UNFPA for a country program in the People’s Republic 

2 of China. 

3 (d) CONDITIONS ON AVAILABILITY OF FUNDS.—

4 Amounts made available under ‘‘International Organiza5 tions and Programs’’ for fiscal year 2005 for the UNFPA 

6 may not be made available to UNFPA unless—

7 (1) the UNFPA maintains amounts made avail8 able to the UNFPA under this section in an account 

9 separate from other accounts of the UNFPA; 

10 (2) the UNFPA does not commingle amounts 

11 made available to the UNFPA under this section with 

12 other sums; and 

13 (3) the UNFPA does not fund abortions. 

14 (e) AVAILABILITY AND USE OF FUNDS.—Funds appro15 priated under the heading ‘‘International Organizations 

16 and Programs’’ that are not made available for UNFPA 

17 because of the operation of any provision of law shall re18 main available until September 30, 2006: Provided, That 

19 funds made available pursuant to this section may not be 

20 used for any other purpose, notwithstanding the authority 

21 contained in sections 451, 610 and 614 of the Foreign As22 sistance Act of 1961, or any other provision of law unless 

23 specifically authorized in subsequent legislation. 

24 WAR CRIMINALS

25 SEC. 5061. (a)(1) None of the funds appropriated or 

26 otherwise made available pursuant to this Act may be made 
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1 available for assistance, and the Secretary of the Treasury 

2 shall instruct the United States executive directors to the 

3 international financial institutions to vote against any new 

4 project involving the extension by such institutions of any 

5 financial or technical assistance, to any country, entity, or 

6 municipality whose competent authorities have failed, as 

7 determined by the Secretary of State, to take necessary and 

8 significant steps to implement its international legal obli9 gations to apprehend and transfer to the International 

10 Criminal Tribunal for the former Yugoslavia (the ‘‘Tri11 bunal’’) all persons in their territory who have been in12 dicted by the Tribunal and to otherwise cooperate with the 

13 Tribunal. 

14 (2) The provisions of this subsection shall not apply 

15 to humanitarian assistance or assistance for democratiza16 tion. 

17 (b) The provisions of subsection (a) shall apply unless 

18 the Secretary of State determines and reports to the appro19 priate congressional committees that the competent authori20 ties of such country, entity, or municipality are—

21 (1) cooperating with the Tribunal, including ac22 cess for investigators to archives and witnesses, the 

23 provision of documents, and the surrender and trans24 fer of indictees or assistance in their apprehension; 

25 and 
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1 (2) are acting consistently with the Dayton Ac2 cords. 

3 (c) Not less than 10 days before any vote in an inter4 national financial institution regarding the extension of 

5 any new project involving financial or technical assistance 

6 or grants to any country or entity described in subsection 

7 (a), the Secretary of the Treasury, in consultation with the 

8 Secretary of State, shall provide to the Committees on Ap9 propriations a written justification for the proposed assist10 ance, including an explanation of the United States posi11 tion regarding any such vote, as well as a description of 

12 the location of the proposed assistance by municipality, its 

13 purpose, and its intended beneficiaries. 

14 (d) In carrying out this section, the Secretary of State, 

15 the Administrator of the United States Agency for Inter16 national Development, and the Secretary of the Treasury 

17 shall consult with representatives of human rights organiza18 tions and all government agencies with relevant informa19 tion to help prevent indicted war criminals from benefiting 

20 from any financial or technical assistance or grants pro21 vided to any country or entity described in subsection (a). 

22 (e) The Secretary of State may waive the application 

23 of subsection (a) with respect to projects within a country, 

24 entity, or municipality upon a written determination to 
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1 the Committees on Appropriations that such assistance di2 rectly supports the implementation of the Dayton Accords. 

3 (f) DEFINITIONS.—As used in this section—

4 (1) COUNTRY.—The term ‘‘country’’ means Bos5 nia and Herzegovina, Croatia and Serbia. 

6 (2) ENTITY.—The term ‘‘entity’’ refers to the 

7 Federation of Bosnia and Herzegovina, Kosovo, Mon8 tenegro and the Republika Srpska. 

9 (3) MUNICIPALITY.—The term ‘‘municipality’’ 

10 means a city, town or other subdivision within a 

11 country or entity as defined herein. 

12 (4) DAYTON ACCORDS.—The term ‘‘Dayton Ac13 cords’’ means the General Framework Agreement for 

14 Peace in Bosnia and Herzegovina, together with an15 nexes relating thereto, done at Dayton, November 10 

16 through 16, 1995. 

17 USER FEES

18 SEC. 5062. The Secretary of the Treasury shall in19 struct the United States Executive Director at each inter20 national financial institution (as defined in section 

21 1701(c)(2) of the International Financial Institutions Act) 

22 and the International Monetary Fund to oppose any loan, 

23 grant, strategy or policy of these institutions that would 

24 require user fees or service charges on poor people for pri25 mary education or primary healthcare, including preven26 tion and treatment efforts for HIV/AIDS, malaria, tuber-
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1 culosis, and infant, child, and maternal well-being, in con2 nection with the institutions’ financing programs. 

3 FUNDING FOR SERBIA

4 SEC. 5063. (a) Funds appropriated by this Act may 

5 be made available for assistance for the central Government 

6 of Serbia after May 31, 2005, if the President has made 

7 the determination and certification contained in subsection 

8 (c). 

9 (b) After May 31, 2005, the Secretary of the Treasury 

10 should instruct the United States executive directors to the 

11 international financial institutions to support loans and 

12 assistance to the Government of Serbia and Montenegro sub13 ject to the conditions in subsection (c): Provided, That sec14 tion 576 of the Foreign Operations, Export Financing, and 

15 Related Programs Appropriations Act, 1997, as amended, 

16 shall not apply to the provision of loans and assistance to 

17 the Government of Serbia and Montenegro through inter18 national financial institutions. 

19 (c) The determination and certification referred to in 

20 subsection (a) is a determination by the President and a 

21 certification to the Committees on Appropriations that the 

22 Government of Serbia and Montenegro is—

23 (1) cooperating with the International Criminal 

24 Tribunal for the former Yugoslavia including access 

25 for investigators, the provision of documents, and the 

26 surrender and transfer of indictees or assistance in 
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1 their apprehension, including making all practicable 

2 efforts to apprehend and transfer Ratko Mladic; 

3 (2) taking steps that are consistent with the 

4 Dayton Accords to end Serbian financial, political, 

5 security and other support which has served to main6 tain separate Republika Srpska institutions; and 

7 (3) taking steps to implement policies which re8 flect a respect for minority rights and the rule of law. 

9 (d) This section shall not apply to Montenegro, Kosovo, 

10 humanitarian assistance or assistance to promote democ11 racy. 

12 COMMUNITY-BASED POLICE ASSISTANCE

13 SEC. 5064. (a) AUTHORITY.—Funds made available by 

14 this Act to carry out the provisions of chapter 1 of part 

15 I and chapter 4 of part II of the Foreign Assistance Act 

16 of 1961, may be used, notwithstanding section 660 of that 

17 Act, to enhance the effectiveness and accountability of civil18 ian police authority through training and technical assist19 ance in human rights, the rule of law, strategic planning, 

20 and through assistance to foster civilian police roles that 

21 support democratic governance including assistance for 

22 programs to prevent conflict, respond to disasters, and fos23 ter improved police relations with the communities they 

24 serve. 
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1 (b) NOTIFICATION.—Assistance provided under sub2 section (a) shall be subject to the regular notification proce3 dures of the Committees on Appropriations. 

4 SPECIAL DEBTRELIEF FOR THE POOREST

5 SEC. 5065. (a) AUTHORITY TO REDUCE DEBT.—The 

6 President may reduce amounts owed to the United States 

7 (or any agency of the United States) by an eligible country 

8 as a result of—

9 (1) guarantees issued under sections 221 and 222 

10 of the Foreign Assistance Act of 1961; 

11 (2) credits extended or guarantees issued under 

12 the Arms Export Control Act; or 

13 (3) any obligation or portion of such obligation, 

14 to pay for purchases of United States agricultural 

15 commodities guaranteed by the Commodity Credit 

16 Corporation under export credit guarantee programs 

17 authorized pursuant to section 5(f) of the Commodity 

18 Credit Corporation Charter Act of June 29, 1948, as 

19 amended, section 4(b) of the Food for Peace Act of 

20 1966, as amended (Public Law 89–808), or section 

21 202 of the Agricultural Trade Act of 1978, as amend22 ed (Public Law 95–501). 

23 (b) LIMITATIONS.—

24 (1) The authority provided by subsection (a) 

25 may be exercised only to implement multilateral offi-
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1 cial debt relief and referendum agreements, commonly 

2 referred to as ‘‘Paris Club Agreed Minutes’’. 

3 (2) The authority provided by subsection (a) 

4 may be exercised only in such amounts or to such ex5 tent as is provided in advance by appropriations 

6 Acts. 

7 (3) The authority provided by subsection (a) 

8 may be exercised only with respect to countries with 

9 heavy debt burdens that are eligible to borrow from 

10 the International Development Association, but not 

11 from the International Bank for Reconstruction and 

12 Development, commonly referred to as ‘‘IDA-only’’ 

13 countries. 

14 (c) CONDITIONS.—The authority provided by sub15 section (a) may be exercised only with respect to a country 

16 whose government—

17 (1) does not have an excessive level of military 

18 expenditures; 

19 (2) has not repeatedly provided support for acts 

20 of international terrorism; 

21 (3) is not failing to cooperate on international 

22 narcotics control matters; 

23 (4) (including its military or other security 

24 forces) does not engage in a consistent pattern of gross 
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1 violations of internationally recognized human rights; 

2 and 

3 (5) is not ineligible for assistance because of the 

4 application of section 527 of the Foreign Relations 

5 Authorization Act, Fiscal Years 1994 and 1995. 

6 (d) AVAILABILITY OF FUNDS.—The authority provided 

7 by subsection (a) may be used only with regard to the funds 

8 appropriated by this Act under the heading ‘‘Debt Restruc9 turing’’. 

10 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc11 tion of debt pursuant to subsection (a) shall not be consid12 ered assistance for the purposes of any provision of law lim13 iting assistance to a country. The authority provided by 

14 subsection (a) may be exercised notwithstanding section 

15 620(r) of the Foreign Assistance Act of 1961 or section 321 

16 of the International Development and Food Assistance Act 

17 of 1975. 

18 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

19 SEC. 5066. (a) LOANS ELIGIBLE FOR SALE, REDUC20 TION, OR CANCELLATION.—

21 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

22 CERTAIN LOANS.—Notwithstanding any other provi23 sion of law, the President may, in accordance with 

24 this section, sell to any eligible purchaser any 

25 concessional loan or portion thereof made before Jan26 uary 1, 1995, pursuant to the Foreign Assistance Act 
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1 of 1961, to the government of any eligible country as 

2 defined in section 702(6) of that Act or on receipt of 

3 payment from an eligible purchaser, reduce or cancel 

4 such loan or portion thereof, only for the purpose of 

5 facilitating—

6 (A) debt-for-equity swaps, debt-for-develop7 ment swaps, or debt-for-nature swaps; or 

8 (B) a debt buyback by an eligible country 

9 of its own qualified debt, only if the eligible 

10 country uses an additional amount of the local 

11 currency of the eligible country, equal to not less 

12 than 40 percent of the price paid for such debt 

13 by such eligible country, or the difference between 

14 the price paid for such debt and the face value 

15 of such debt, to support activities that link con16 servation and sustainable use of natural re17 sources with local community development, and 

18 child survival and other child development, in a 

19 manner consistent with sections 707 through 710 

20 of the Foreign Assistance Act of 1961, if the sale, 

21 reduction, or cancellation would not contravene 

22 any term or condition of any prior agreement 

23 relating to such loan. 

24 (2) TERMS AND CONDITIONS.—Notwithstanding 

25 any other provision of law, the President shall, in ac-
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1 cordance with this section, establish the terms and 

2 conditions under which loans may be sold, reduced, or 

3 canceled pursuant to this section. 

4 (3) ADMINISTRATION.—The Facility, as defined 

5 in section 702(8) of the Foreign Assistance Act of 

6 1961, shall notify the administrator of the agency 

7 primarily responsible for administering part I of the 

8 Foreign Assistance Act of 1961 of purchasers that the 

9 President has determined to be eligible, and shall di10 rect such agency to carry out the sale, reduction, or 

11 cancellation of a loan pursuant to this section. Such 

12 agency shall make adjustment in its accounts to re13 flect the sale, reduction, or cancellation. 

14 (4) LIMITATION.—The authorities of this sub15 section shall be available only to the extent that ap16 propriations for the cost of the modification, as de17 fined in section 502 of the Congressional Budget Act 

18 of 1974, are made in advance. 

19 (b) DEPOSITOF PROCEEDS.—The proceeds from the 

20 sale, reduction, or cancellation of any loan sold, reduced, 

21 or canceled pursuant to this section shall be deposited in 

22 the United States Government account or accounts estab23 lished for the repayment of such loan. 

24 (c) ELIGIBLE PURCHASERS.—A loan may be sold pur25 suant to subsection (a)(1)(A) only to a purchaser who pre-
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1 sents plans satisfactory to the President for using the loan 

2 for the purpose of engaging in debt-for-equity swaps, debt3 for-development swaps, or debt-for-nature swaps. 

4 (d) DEBTOR CONSULTATIONS.—Before the sale to any 

5 eligible purchaser, or any reduction or cancellation pursu6 ant to this section, of any loan made to an eligible country, 

7 the President should consult with the country concerning 

8 the amount of loans to be sold, reduced, or canceled and 

9 their uses for debt-for-equity swaps, debt-for-development 

10 swaps, or debt-for-nature swaps. 

11 (e) AVAILABILITY OF FUNDS.—The authority provided 

12 by subsection (a) may be used only with regard to funds 

13 appropriated by this Act under the heading ‘‘Debt Restruc14 turing’’. 

15 BASIC EDUCATION

16 SEC. 5067. Of the funds appropriated by title II of 

17 this Act, not less than $335,000,000 should be made avail18 able for basic education. 

19 RECONCILIATION PROGRAMS

20 SEC. 5068. Of the funds appropriated under the head21 ing ‘‘Economic Support Fund’’, not less than $15,000,000 

22 shall be made available to support reconciliation programs 

23 and activities which bring together individuals of different 

24 ethnic, religious, and political backgrounds from areas of 

25 civil conflict and war. 
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1 ENVIRONMENTPROGRAMS

2 SEC. 5069. (a) FUNDING.—Of the funds appropriated 

3 under the heading ‘‘Development Assistance’’, not less than 

4 $175,500,000 shall be made available for programs and ac5 tivities which directly protect biodiversity, including for6 ests, in developing countries, of which not less than 

7 $15,000,000 shall be made available to implement a re8 gional strategy for biodiversity conservation in the coun9 tries comprising the Amazon basin of South America, in10 cluding to improve the capacity of indigenous communities 

11 and local law enforcement agencies to protect the biodiver12 sity of indigenous reserves, which amount shall be in addi13 tion to the amounts requested for biodiversity activities in 

14 these countries in fiscal year 2005: Provided, That funds 

15 appropriated under the heading ‘‘Andean Counterdrug Ini16 tiative’’ shall also be made available in fiscal year 2005 

17 to support such strategy: Provided further, That of the funds 

18 appropriated by this Act, not less than $17,500,000 should 

19 be made available for the Congo Basin Forest Partnership, 

20 of which not less than $2,500,000 should be made available 

21 for the Great Apes Conservation Fund, administered by the 

22 United States Fish and Wildlife Service, for use in Central 

23 Africa: Provided further, That of the funds appropriated 

24 by this Act, not less than $180,000,000 shall be made avail25 able to support policies and programs in developing coun-
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1 tries that directly (1) promote a wide range of energy con2 servation, energy efficiency and clean energy programs and 

3 activities, including the transfer of clean and environ4 mentally sustainable energy technologies; (2) measure, mon5 itor, and reduce greenhouse gas emissions; (3) increase car6 bon sequestration activities; and (4) enhance climate change 

7 mitigation and adaptation programs. 

8 (b) CLIMATE CHANGE REPORT.—Not later than 45 

9 days after the date on which the President’s fiscal year 2006 

10 budget request is submitted to Congress, the President shall 

11 submit a report to the Committees on Appropriations de12 scribing in detail the following—

13 (1) all Federal agency obligations and expendi14 tures, domestic and international, for climate change 

15 programs and activities in fiscal year 2005, including 

16 an accounting of expenditures by agency with each 

17 agency identifying climate change activities and asso18 ciated costs by line item as presented in the Presi19 dent’s Budget Appendix; and 

20 (2) all fiscal year 2004 obligations and estimated 

21 expenditures, fiscal year 2005 estimated expenditures 

22 and estimated obligations, and fiscal year 2006 re23 quested funds by the United States Agency for Inter24 national Development, by country and central pro25 gram, for each of the following: (i) to promote the 
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1 transfer and deployment of a wide range of United 

2 States clean energy and energy efficiency technologies; 

3 (ii) to assist in the measurement, monitoring, report4 ing, verification, and reduction of greenhouse gas 

5 emissions; (iii) to promote carbon capture and seques6 tration measures; (iv) to help meet such countries’ re7 sponsibilities under the Framework Convention on 

8 Climate Change; and (v) to develop assessments of the 

9 vulnerability to impacts of climate change and miti10 gation and adaptation response strategies. 

11 CENTRAL ASIA

12 SEC. 5070. (a) Funds appropriated by this Act may 

13 be made available for assistance for the central Government 

14 of Uzbekistan only if the Secretary of State determines and 

15 reports to the Committees on Appropriations that the Gov16 ernment of Uzbekistan is making substantial and con17 tinuing progress in meeting its commitments under the 

18 ‘‘Declaration on the Strategic Partnership and Cooperation 

19 Framework Between the Republic of Uzbekistan and the 

20 United States of America’’, including respect for human 

21 rights, establishing a genuine multi-party system, and en22 suring free and fair elections, freedom of expression, and 

23 the independence of the media. 

24 (b) Funds appropriated by this Act may be made 

25 available for assistance for the Government of Kazakhstan 

26 only if the Secretary of State determines and reports to the 
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1 Committees on Appropriations that the Government of 

2 Kazakhstan has made significant improvements in the pro3 tection of human rights during the preceding 6 month pe4 riod. 

5 (c) The Secretary of State may waive subsection (b) 

6 if he determines and reports to the Committees on Appro7 priations that such a waiver is in the national security in8 terest of the United States. 

9 (d) Not later than October 1, 2005, the Secretary of 

10 State shall submit a report to the Committees on Appro11 priations and the Committee on Foreign Relations of the 

12 Senate and the Committee on International Relations of the 

13 House of Representatives describing the following: 

14 (1) The defense articles, defense services, and fi15 nancial assistance provided by the United States to 

16 the countries of Central Asia during the 6-month pe17 riod ending 30 days prior to submission of such re18 port. 

19 (2) The use during such period of defense arti20 cles, defense services, and financial assistance pro21 vided by the United States by units of the armed 

22 forces, border guards, or other security forces of such 

23 countries. 
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1 (e) For purposes of this section, the term ‘‘countries 

2 of Central Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz 

3 Republic, Tajikistan, and Turkmenistan. 

4 EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EU5 ROPEAN COUNTRIES AND CERTAIN OTHER COUNTRIES

6 SEC. 5071. Notwithstanding section 516(e) of the For7 eign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during 

8 fiscal year 2005, funds available to the Department of De9 fense may be expended for crating, packing, handling, and 

10 transportation of excess defense articles transferred under 

11 the authority of section 516 of such Act to Albania, Bul12 garia, Croatia, Estonia, Former Yugoslavia Republic of 

13 Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Lat14 via, Lithuania, Moldova, Mongolia, Pakistan, Romania, 

15 Slovakia, Tajikistan, Turkmenistan, Ukraine, and 

16 Uzbekistan. 

17 DISABILITY RIGHTS

18 SEC. 5072. (a) Of the funds appropriated by this Act 

19 under the heading ‘‘Economic Support Fund’’, and in addi20 tion to funds made available pursuant to section 5026(c), 

21 not less than $5,000,000 shall be made available for a Fund 

22 for Inclusion, Leadership, and Human Rights of People 

23 with Disabilities, to be administered by the Bureau of De24 mocracy, Human Rights, and Labor, Department of State, 

25 in consultation with the Administrator of the United States 

26 Agency for International Development (‘‘USAID’’): Pro-
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1 vided, That such funds should be made available as grants 

2 to nongovernmental organizations that work on behalf of 

3 people with disabilities in developing countries: Provided 

4 further, That not to exceed 20 percent of such funds should 

5 be made available for a Disability Rights Fellowship Pro6 gram at the Department of State and USAID, including 

7 the cost of necessary administrative and salary expenses. 

8 (b) The Secretary of State and the USAID Adminis9 trator shall designate within their respective agencies an 

10 individual to serve as ‘‘Disability Advisor’’, whose function 

11 it shall be to ensure that disability rights are addressed, 

12 where appropriate, in United States policies and programs. 

13 (c) Funds made available under subsection (a) shall 

14 be made available for an international conference on the 

15 needs of people with disabilities, including disability rights, 

16 advocacy and access. 

17 (d) The Secretary of State, the Secretary of the Treas18 ury, and the USAID Administrator shall seek to ensure that 

19 the needs of people with disabilities are addressed, where 

20 appropriate, in democracy, human rights, and rule of law 

21 programs, projects and activities supported by the Depart22 ment of State, Department of the Treasury, and USAID. 

23 (e) The USAID Administrator shall seek to ensure that 

24 programs, projects and activities administered by USAID 

25 comply fully with USAID’s ‘‘Policy Paper: Disability’’ 
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1 issued on September 12, 1997: Provided, That not later 

2 than 90 days after enactment of this Act, USAID shall im3 plement procedures to require that prospective grantees 

4 seeking funding from USAID specify, when relevant, how 

5 the proposed program, project or activity for which funding 

6 is being requested will protect the rights and address the 

7 needs of persons with disabilities. 

8 ZIMBABWE

9 SEC. 5073. The Secretary of the Treasury shall in10 struct the United States executive director to each inter11 national financial institution to vote against any extension 

12 by the respective institution of any loans or grants, to the 

13 Government of Zimbabwe, except to meet basic human 

14 needs or to promote democracy, unless the Secretary of State 

15 determines and certifies to the Committees on Appropria16 tions that the rule of law has been restored in Zimbabwe, 

17 including respect for ownership and title to property, free18 dom of speech and association. 

19 TIBET

20 SEC. 5074. (a) The Secretary of the Treasury should 

21 instruct the United States executive director to each inter22 national financial institution to use the voice and vote of 

23 the United States to support projects in Tibet if such 

24 projects do not provide incentives for the migration and set25 tlement of non-Tibetans into Tibet or facilitate the transfer 

26 of ownership of Tibetan land and natural resources to non-
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1 Tibetans; are based on a thorough needs-assessment; foster 

2 self-sufficiency of the Tibetan people and respect Tibetan 

3 culture and traditions; and are subject to effective moni4 toring. 

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

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

7 under the heading ‘‘Economic Support Fund’’ shall be made 

8 available to nongovernmental organizations to support ac9 tivities which preserve cultural traditions and promote sus10 tainable development and environmental conservation in 

11 Tibetan communities in the Tibetan Autonomous Region 

12 and in other Tibetan communities in China, and not less 

13 than $250,000 shall be made available to the National En14 dowment for Democracy for programs and activities relat15 ing to Tibet. 

16 INDONESIA

17 SEC. 5075. (a) Funds appropriated by this Act under 

18 the heading ‘‘Foreign Military Financing Program’’ may 

19 be made available for assistance for Indonesia, and licenses 

20 may be issued for the export of lethal defense articles for 

21 the Indonesian Armed Forces, only if the President certifies 

22 to the appropriate congressional committees that—

23 (1) the Indonesian Armed Forces are not com24 mitting gross violations of human rights; 

25 (2) the Indonesia Minister of Defense is sus26 pending from the Armed Forces those members, of 
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1 whatever rank, who have been credibly alleged to have 

2 committed gross violations of human rights, or to 

3 have aided or abetted militia groups; 

4 (3) the Indonesian Government is prosecuting 

5 those members of the Indonesian Armed Forces, of 

6 whatever rank, who have been credibly alleged to have 

7 committed gross violations of human rights, or to 

8 have aided or abetted militia groups, and is pun9 ishing those members of the Indonesian Armed Forces 

10 found to have committed such violations of human 

11 rights or to have aided or abetted militia groups; 

12 (4) the Indonesian Armed Forces are cooperating 

13 with civilian prosecutors and judicial authorities in 

14 Indonesia and with the joint United Nations-East 

15 Timor Serious Crimes Unit (SCU) in such cases (in16 cluding extraditing those indicted by the SCU to East 

17 Timor and providing access to witnesses, relevant 

18 documents, and other requested information); and 

19 (5) the Minister of Defense is making publicly 

20 available audits of receipts and expenditures of the 

21 Indonesian Armed Forces. 

22 (b) Funds appropriated under the heading ‘‘Inter23 national Military Education and Training’’ may be made 

24 available for assistance for Indonesia if the Secretary of 

25 State determines and reports to the Committees on Appro-
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1 priations that the Indonesian Government and Armed 

2 Forces are cooperating with the Federal Bureau of Inves3 tigation’s investigation into the August 31, 2002 murders 

4 of two American citizens and one Indonesian citizen in 

5 Timika, Indonesia. 

6 UNIVERSITY PROGRAMS

7 SEC. 5076. Of the funds appropriated by this Act 

8 under the headings ‘‘Child Survival and Health Programs 

9 Fund’’, ‘‘Development Assistance’’, ‘‘Economic Support 

10 Fund’’, ‘‘Assistance for Eastern Europe and the Baltic 

11 States’’, and ‘‘Assistance for the Independent States of the 

12 Former Soviet Union’’, $40,000,000 shall be made available 

13 to the Office of the Higher Education Community Liaison 

14 in the Bureau for Economic Growth, Agriculture and Trade 

15 of the United States Agency for International Development 

16 and used for projects and activities of United States-based 

17 colleges and universities: Provided, That these funds shall 

18 be in addition to funds otherwise available under this Act 

19 for such programs. 

20 NIGERIA

21 SEC. 5077. The President shall submit a report to the 

22 Committees on Appropriations describing the involvement 

23 of the Nigerian Armed Forces in the incident in Benue 

24 State, the measures that are being taken to bring such indi25 viduals to justice, and whether any Nigerian Armed Forces 
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1 units involved with the incident in Benue State are receiv2 ing United States assistance. 

3 DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN

4 THE RUSSIAN FEDERATION

5 SEC. 5078. None of the funds appropriated under this 

6 Act may be made available for the Government of the Rus7 sian Federation, after 180 days from the date of the enact8 ment of this Act, unless the President determines and cer9 tifies in writing to the Committees on Appropriations that 

10 the Government of the Russian Federation has implemented 

11 no statute, executive order, regulation or similar govern12 ment action that would discriminate, or which has as its 

13 principal effect discrimination, against religious groups or 

14 religious communities in the Russian Federation in viola15 tion of accepted international agreements on human rights 

16 and religious freedoms to which the Russian Federation is 

17 a party. 

18 NICARAGUA AND GUATEMALA

19 SEC. 5079. (a) Of the funds appropriated under the 

20 headings ‘‘Development Assistance’’ and ‘‘Child Survival 

21 and Health Programs Fund’’, not less than $36,000,000 

22 shall be made available for assistance for Nicaragua and 

23 not less than $23,000,000 shall be made available for assist24 ance for Guatemala. 

25 (b) Not to exceed $2,000,000 in prior year ‘‘Military 

26 Assistance Program’’ funds that are available for Guate-
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1 mala may be made available for non-lethal defense items 

2 for Guatemala if the Secretary of State certifies to the Com3 mittees on Appropriations and the Committee on Foreign 

4 Relations of the Senate and the Committee on International 

5 Relations of the House that—

6 (1) the role of the Guatemalan military has been 

7 limited, both in doctrine and in practice, to only 

8 those activities in defense of Guatemala’s sovereignty 

9 and territorial integrity that are permitted by the 

10 1996 Peace Accords, and the Government of Guate11 mala is taking steps to amend Article 244 of the Con12 stitution to reflect such changes; 

13 (2) the Guatemalan military is cooperating with 

14 civilian judicial authorities, including providing 

15 unimpeded access to witnesses, documents and classi16 fied intelligence files, in investigations and prosecu17 tions of military personnel who have been implicated 

18 in human rights violations and other criminal activ19 ity; 

20 (3) the Government of Guatemala is actively 

21 working with the United Nations to resolve legal im22 pediments to the establishment of the Commission for 

23 the Investigation of Illegal Groups and Clandestine 

24 Security Organizations (CICIACS), so that CICIACS 

25 can effectively accomplish its mission of investigating 
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1 and bringing to justice illegal groups and members of 

2 clandestine security organizations; 

3 (4) the Government of Guatemala is continuing 

4 its efforts to make its military budget process trans5 parent and accessible to civilian authorities and to 

6 the public of present and past expenditures; 

7 (5) the Government of Guatemala has committed 

8 to facilitate the prompt establishment of an office in 

9 Guatemala of the United Nations High Commissioner 

10 for Human Rights; and 

11 (6) the Government of Guatemala is taking steps 

12 to increase its efforts to combat narcotics trafficking 

13 and organized crime. 

14 WAR CRIMES IN AFRICA

15 SEC. 5080. (a) The Congress recognizes the important 

16 contribution that the democratically elected Government of 

17 Nigeria has played in fostering stability in West Africa. 

18 (b) The Congress reaffirms its support for the efforts 

19 of the International Criminal Tribunal for Rwanda 

20 (ICTR) and the Special Court for Sierra Leone (SCSL) to 

21 bring to justice individuals responsible for war crimes and 

22 crimes against humanity in a timely manner. 

23 (c) Funds appropriated by this Act, including funds 

24 for debt restructuring, may be made available for assistance 

25 to the central government of a country in which individuals 

26 indicted by ICTR and SCSL are credibly alleged to be liv-
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1 ing, if the Secretary of State determines and reports to the 

2 Committees on Appropriations that such government is co3 operating with ICTR and SCSL, including the surrender 

4 and transfer of indictees in a timely manner: Provided, 

5 That this subsection shall not apply to assistance provided 

6 under section 551 of the Foreign Assistance Act of 1961 or 

7 to project assistance under title II of this Act: Provided fur8 ther, That the United States shall use its voice and vote 

9 in the United Nations Security Council to fully support ef10 forts by ICTR and SCSL to bring to justice individuals 

11 indicted by such tribunals in a timely manner. 

12 (d) The prohibition in subsection (c) may be waived 

13 on a country by country basis if the President determines 

14 that doing so is in the national security interest of the 

15 United States: Provided, That prior to exercising such 

16 waiver authority, the President shall submit a report to the 

17 Committees on Appropriations, in classified form if nec18 essary, on (1) the steps being taken to obtain the cooperation 

19 of the government in surrendering the indictee in question 

20 to SCSL or ICTR; (2) a strategy for bringing the indictee 

21 before ICTR or SCSL; and (3) the justification for exer22 cising the waiver authority. 

23 ADMISSION OF REFUGEES

24 SEC. 5081. (a) The Secretary of State shall utilize pri25 vate voluntary organizations with expertise in the protec-
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1 tion needs of refugees in the processing of refugees overseas 

2 for admission and resettlement to the United States, and 

3 shall utilize such agencies in addition to the United Nations 

4 High Commissioner for Refugees in the identification and 

5 referral of refugees. 

6 (b) The Secretary of State should maintain a system 

7 for accepting referrals of appropriate candidates for reset8 tlement from local private, voluntary organizations and 

9 work to ensure that particularly vulnerable refugee groups 

10 receive special consideration for admission into the United 

11 States, including—

12 (1) long-stayers in countries of first asylum; 

13 (2) unaccompanied refugee minors; 

14 (3) refugees outside traditional camp settings; 

15 and 

16 (4) refugees in woman-headed households. 

17 (c) The Secretary of State shall give special consider18 ation to—

19 (1) refugees of all nationalities who have close 

20 family ties to citizens and residents of the United 

21 States; and 

22 (2) other groups of refugees who are of special 

23 concern to the United States. 

24 (d) Not later than 120 days after the date of enactment 

25 of this Act, the Secretary of State shall submit a report to 
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1 the Committees on Appropriations describing the steps that 

2 have been taken to implement this section. 

3 CODE OF CONDUCT

4 SEC. 5082. (a) None of the funds made available by 

5 title II under the heading ‘‘Migration and Refugee Assist6 ance’’ or ‘‘Transition Initiatives’’ to provide assistance to 

7 refugees or internally displaced persons may be provided 

8 to an organization that has failed to adopt a code of conduct 

9 consistent with the Inter-Agency Standing Committee Task 

10 Force on Protection From Sexual Exploitation and Abuse 

11 in Humanitarian Crises six core principles for the protec12 tion of beneficiaries of humanitarian assistance. 

13 (b) In administering the amounts made available for 

14 the accounts described in subsection (a), the Secretary of 

15 State and Administrator of the United States Agency for 

16 International Development shall incorporate specific poli17 cies and programs for the purpose of identifying specific 

18 needs of, and particular threats to, women and children at 

19 the various stages of humanitarian emergencies, especially 

20 at the onset of such emergency. 

21 DISASTER SURGE CAPACITY

22 SEC. 5083. Funds appropriated by this Act to carry 

23 out part I of the Foreign Assistance Act of 1961 may be 

24 used, in addition to funds otherwise available for such pur25 poses, for the cost (including the support costs) of individ26 uals detailed to or employed by the United States Agency 
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1 for International Development whose primary responsi2 bility is to carry out programs to address natural or man3 made disasters or programs under the heading ‘‘Transition 

4 Initiatives’’. 

5 DENIAL OF VISAS TO CORRUPT OFFICIALS

6 SEC. 5084. Not later than 60 days after enactment of 

7 this Act, the Secretary of State shall submit a report to 

8 the Committees on Appropriations setting forth procedures 

9 and guidelines for (1) implementing the President’s Procla10 mation dated January 12, 2004, which established a policy 

11 of denying entry into the United States to corrupt current 

12 and former public officials and certain members of their 

13 families; and (2) for making public the names of those indi14 viduals who have been denied entry as a result of such Proc15 lamation. 

16 ASSISTANCE FOR VICTIMS OF TORTURE

17 SEC. 5085. Of the funds appropriated by this Act 

18 under the headings ‘‘Development Assistance’’ and ‘‘Eco19 nomic Support Fund’’, not less than $15,000,000 shall be 

20 made available for programs and activities to assist victims 

21 of torture and cruel, inhuman or degrading treatment, in22 cluding for centers for victims of torture that provide serv23 ices consistent with the goals of the Torture Victims Relief 

24 Reauthorization Act of 1999. 
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1 UNITED STATES AGENCY FOR INTERNATIONAL

2 DEVELOPMENTPILOTMANAGEMENTINITIATIVE

3 SEC. 5086. (a) PILOT ACTIVITIES.—Subject to sub4 section (b), the Administrator of the United States Agency 

5 for International Development may use up to $25,000,000 

6 of the funds appropriated to carry out part I of the Foreign 

7 Assistance Act of 1961, including funds appropriated to 

8 carry out the Support for East European Democracy 

9 (SEED) Act of 1989, to pay administrative costs for fiscal 

10 year 2005, including salary, benefits, allowances, and over11 seas support costs of employees, of up to 2 overseas missions 

12 or offices of the agency. 

13 (b) CONDITIONS.—

14 (1) The authority of subsection (a) may be exer15 cised only if the Administrator submits a plan ap16 proved by the Office of Management and Budget and 

17 the Department of State to the Committees on Appro18 priations, that—

19 (A) identifies the overseas missions or offices 

20 for which this authority will be exercised, and 

21 explains the process by which these missions or 

22 offices were selected; 

23 (B) contains separate estimates of the ad24 ministrative costs for fiscal year 2005 of the dif25 ferent types of project assistance and nonproject 
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1 assistance programs administered by such mis2 sion or office; and 

3 (C) describes the bases for such estimates. 

4 (2) Subsequent reports shall be submitted to the 

5 Committees on Appropriations by the Administrator 

6 at least every 60 days until January 15, 2006 to de7 scribe any changes made to the plan as originally 

8 submitted or later modified. 

9 (c) INITIAL CHARGES.—Funds appropriated under the 

10 heading ‘‘Operating Expenses of the United States Agency 

11 for International Development’’ for fiscal year 2005 may 

12 be initially charged for the purposes of this section. 

13 UNITED STATES AGENCY FOR INTERNATIONAL

14 DEVELOPMENT HIRING AUTHORITY

15 SEC. 5087. (a) USE OF PROGRAM FUNDS.—Up to 

16 $12,500,000 of the funds appropriated by this Act to carry 

17 out chapter 1 of part I of the Foreign Assistance Act of 

18 1961 may be transferred to and consolidated with funds ap19 propriated under the heading, ‘‘Operating Expenses of the 

20 United States Agency for International Development’’ 

21 (USAID), and used by USAID to appoint and employ full22 time Civil Service and full-time Foreign Service personnel, 

23 including to pay the costs of salaries, benefits, and allow24 ances of such personnel: Provided, That the authority of this 

25 section may be used to appoint and employ not more than 

26 50 individuals. 
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1 (b) CONDITIONS.—The authority of this section—

2 (1) may not be used until USAID completes a 

3 comprehensive workforce analysis that is approved by 

4 the USAID Administrator and submitted to the Office 

5 of Management and Budget and the Office of Per6 sonnel Management; 

7 (2) may only be used to meet shortages in tech8 nical skill areas identified in the approved workforce 

9 analysis; 

10 (3) may only be used to the extent that an equiv11 alent number of positions that are filled by personal 

12 service contractors or other employees of USAID, who 

13 are compensated with funds appropriated by this Act 

14 to carry out chapter 1 of part I of the Foreign Assist15 ance Act of 1961, are eliminated; and 

16 (4) may only be exercised after notification of 

17 the Committees on Appropriations and the Office of 

18 Management and Budget. 

19 CERTAIN CLAIMS FOR EXPROPRIATION BY THE

20 GOVERNMENTOF NICARAGUA

21 SEC. 5088. Section 527 of the Foreign Relations Au22 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

23 2370(a)) is amended by adding at the end the following 

24 new subsection: 

25 ‘‘(i) CERTAIN CLAIMS FOR EXPROPRIATION BY THE

26 GOVERNMENTOF NICARAGUA.—
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1 ‘‘(1) Any action of the types set forth in sub2 paragraphs (A), (B), and (C) of subsection (a)(1) that 

3 was taken by the Government of Nicaragua during 

4 the period beginning on January 1, 1956, and ending 

5 on January 9, 2002, shall not be considered in imple6 menting the prohibition under subsection (a) unless 

7 the action has been presented in accordance with the 

8 procedure set forth in paragraph (2). 

9 ‘‘(2) An action shall be deemed presented for 

10 purposes of paragraph (1) if it is—

11 ‘‘(A) in writing; and 

12 ‘‘(B) received by the United States Depart13 ment of State on or before 120 days after the 

14 date specified in paragraph (3) at—

15 ‘‘(i) the headquarters of the United 

16 States Department of State in Washington, 

17 D.C.; or, 

18 ‘‘(ii) the Embassy of the United States 

19 of America to Nicaragua. 

20 ‘‘(3) The date to which paragraph (2) refers is 

21 a date after enactment of this subsection that is speci22 fied by the Secretary of State, in the Secretary’s dis23 cretion, in a notice published in the Federal Reg24 ister.’’. 
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1 OVERSEAS PRIVATE INVESTMENT CORPORATION AND

2 EXPORT-IMPORT BANK RESTRICTIONS

3 SEC. 5089. (a) LIMITATION ON USE OF FUNDS BY

4 OPIC.—None of the funds made available in this Act may 

5 be used by the Overseas Private Investment Corporation to 

6 insure, reinsure, guarantee, or finance any investment in 

7 connection with a project involving the mining, polishing 

8 or other processing, or sale of diamonds in a country that 

9 fails to meet the requirements of subsection (c). 

10 (b) LIMITATION ON USE OF FUNDS BY THE EXPORT11 IMPORT BANK.—None of the funds made available in this 

12 Act may be used by the Export-Import Bank of the United 

13 States to guarantee, insure, extend credit, or participate in 

14 an extension of credit in connection with the export of any 

15 goods to a country for use in an enterprise involving the 

16 mining, polishing or other processing, or sale of diamonds 

17 in a country that fails to meet the requirements of sub18 section (c). 

19 (c) REQUIREMENTS.—The requirements referred to in 

20 subsections (a) and (b) are that the country concerned is 

21 implementing the recommendations, obligations and re22 quirements developed by the Kimberley Process on conflict 

23 diamonds. 

24 SECURITY IN ASIA

25 SEC. 5090. (a) Of the funds appropriated under the 

26 heading ‘‘Foreign Military Financing Program’’, not less 
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1 than the following amounts shall be made available to en2 hance security in Asia, consistent with democratic prin3 ciples and the rule of law—

4 (1) $55,000,000 for assistance for the Phil5 ippines; 

6 (2) $6,000,000 for assistance for Indonesia; 

7 (3) $2,000,000 for assistance for Bangladesh; 

8 (4) $1,500,000 for assistance for the Democratic 

9 Republic of Timor-Leste; 

10 (5) $2,000,000 for assistance for Mongolia; 

11 (6) $5,000,000 for assistance for Nepal; 

12 (7) $2,500,000 for assistance for Thailand; 

13 (8) $1,000,000 for assistance for Sri Lanka; 

14 (9) $1,000,000 for assistance for Cambodia; 

15 (10) $500,000 for assistance for Fiji; and 

16 (11) $250,000 for assistance for Tonga. 

17 (b) Funds made available for assistance for Indonesia 

18 pursuant to subsection (a) may be made available notwith19 standing section 5075 of this Act: Provided, That such funds 

20 may only be made available to the Indonesian navy for the 

21 purposes of enhancing maritime security: Provided further, 

22 That sections 5075(a)(1) and (4) of this Act shall apply 

23 with respect to the Indonesia navy for purposes of this sec24 tion: Provided further, That such funds shall only be made 
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1 available subject to the regular notification procedures of 

2 the Committees on Appropriations. 

3 (c) Funds made available for assistance for Cambodia 

4 pursuant to subsection (a) shall be made available notwith5 standing section 5054 of this Act: Provided, That such funds 

6 shall only be made available subject to the regular notifica7 tion procedures of the Committees on Appropriations. 

8 (d) Funds made available for assistance for Nepal pur9 suant to subsection (a) may be made available if the Sec10 retary of State reports to the Committees on Appropriations 

11 that the Government of Nepal is: (1) complying promptly 

12 with habeas corpus orders issued by the Supreme Court of 

13 Nepal, including all outstanding orders; (2) cooperating 

14 with the National Human Rights Commission of Nepal to 

15 resolve all cases of disappearances; and (3) granting the Na16 tional Human Rights Commission of Nepal unimpeded ac17 cess to places of detention: Provided, That the Secretary of 

18 State may waive the requirements of this subsection if he 

19 determines and reports to the Committees on Appropria20 tions that to do so is in the security interests of the United 

21 States. 

22 COOPERATION WITH CUBA ON COUNTER-NARCOTICS

23 MATTERS

24 SEC. 5091. (a) Subject to subsection (b), of the funds 

25 appropriated under the heading ‘‘International Narcotics 

26 Control and Law Enforcement’’, $5,000,000 should be made 
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1 available for the purposes of preliminary work by the De2 partment of State, or such other entity as the Secretary of 

3 State may designate, to establish cooperation with appro4 priate agencies of the Government of Cuba on counter-nar5 cotics matters, including matters relating to cooperation, 

6 coordination, and mutual assistance in the interdiction of 

7 illicit drugs being transported through Cuba airspace or 

8 over Cuba waters. 

9 (b) The amount in subsection (a) shall not be available 

10 if the President certifies that—

11 (1) Cuba does not have in place appropriate pro12 cedures to protect against the loss of innocent life in 

13 the air and on the ground in connection with the 

14 interdiction of illegal drugs; and 

15 (2) there is evidence of involvement of the Gov16 ernment of Cuba in drug trafficking. 

17 HIPC DEBT REDUCTION AND TRUST FUND

18 SEC. 5092. (a) Section 801(b)(1) of Public Law 106–

19 429 is amended—

20 (1) by inserting ‘‘(i)’’ after ‘‘appropriated’’; and 

21 (2) by inserting before the period ‘‘; and (ii) for 

22 fiscal years 2004–2006, not more than $150,000,000, 

23 for purposes of additional United States contributions 

24 to the HIPC Trust Fund administered by the Bank, 

25 which are authorized to remain available until ex26 pended’’. 
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1 (b) Section 501(i) of Public Law 106–113 is amended 

2 by deleting ‘‘2003–2004’’ and inserting in lieu thereof 

3 ‘‘2000–2006’’. 

4 ASSISTANCE TO MILLENNIUM CHALLENGE CANDIDATE

5 COUNTRIES

6 SEC. 5093. Section 616(d) of the Millennium Challenge 

7 Act of 2003 (title VI of division D of Public Law 108–199) 

8 is amended to read as follows: 

9 ‘‘(d) FUNDING.—For each of fiscal years 2004 and 

10 2005 and every fiscal year thereafter, of the amounts appro11 priated pursuant to the authorization of appropriations 

12 under section 619(a), up to 10 percent is authorized to be 

13 made available to carry out this section.’’. 

14 CHERNOBYL NUCLEAR POWER PLANT

15 SEC. 5094. None of the funds appropriated under this 

16 Act may be made available for assistance for the central 

17 Government of the Russian Federation if the Secretary of 

18 State certifies and reports to the Committees on Appropria19 tions that the central Government of the Russian Federa20 tion has not pledged or is not contributing funds or other 

21 significant resources for the construction of the new shelter 

22 over the Chernobyl nuclear power plant: Provided, That this 

23 provision shall not apply to democracy, rule of law, child 

24 survival and health, and environment programs. 
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1 DEBT RESTRUCTURING AUTHORITY

2 SEC. 5095. (a) Of the funds appropriated under the 

3 heading ‘‘Iraq Relief and Reconstruction Fund’’ in title II 

4 of the Emergency Supplemental Appropriations Act for De5 fense and for the Reconstruction of Iraq and Afghanistan, 

6 2004 (Public Law 108–106), $360,000,000 may be made 

7 available for the costs, as defined in section 502 of the Con8 gressional Budget Act of 1974, of modifying direct loans 

9 and loan guarantees for Iraq, without regard to the sectoral 

10 allocations and related provisos under that heading in such 

11 Act: Provided, That the authority of this section shall be 

12 used subject to prior consultation with the Committees on 

13 Appropriations: Provided further, That the obligation of 

14 funds pursuant to the authority provided in this section 

15 shall be subject to the regular notification procedures of the 

16 Committees on Appropriations: Provided further, That such 

17 amount is designated as an emergency requirement pursu18 ant to section 402 of S. Con. Res. 95 (108th Congress), as 

19 made applicable to the House of Representatives by H. Res. 

20 649 (108th Congress) and applicable to the Senate by sec21 tion 14007 of Public Law 108–287. 

22 (b) Title II, chapter 2 of Public Law 108–106 is 

23 amended under the heading ‘‘Other Bilateral Economic As24 sistance’’ by—
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1 (1) in the first proviso, striking ‘‘10 percent’’ 

2 and inserting in lieu thereof ‘‘20 percent’’; and 

3 (2) in the first proviso, striking ‘‘by more than 

4 20 percent’’ and inserting in lieu thereof ‘‘by more 

5 than 30 percent’’. 

6 (c) Notwithstanding any other provision of law, the 

7 Overseas Private Investment Corporation is authorized to 

8 undertake any program authorized by title IV of the For9 eign Assistance Act of 1961 in Iraq: Provided, That funds 

10 made available pursuant to the authority of this section 

11 shall be subject to the regular reprogramming notification 

12 procedures of the Committees on Appropriations. 

13 COMPLIANCE WITH THE ALGIERS AGREEMENTS

14 SEC. 5096. None of the funds appropriated by this Act 

15 may be made available for assistance for the central Gov16 ernments of Ethiopia or Eritrea unless the Secretary of 

17 State certifies and reports to the Committees on Appropria18 tions that such government is taking steps to comply with 

19 the terms of the Algiers Agreements: Provided, That this sec20 tion shall not apply to democracy, rule of law, child sur21 vival and health, basic education, and agriculture pro22 grams. 

23 NORTH KOREA AND BURMA

24 SEC. 5097. None of the funds made available in this 

25 Act or prior Acts making appropriations for foreign oper26 ations, export financing, and related programs as a United 
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1 States contribution to the Global Fund to Fight AIDS, Tu2 berculosis and Malaria may be made available for assist3 ance for the Government of North Korea or the State Peace 

4 and Development Council in Burma, or affiliated groups 

5 and organizations. 

6 THAILAND

7 SEC. 5098. (a) Funds appropriated by this Act that 

8 are available for the central Government of Thailand may 

9 be made available if the Secretary of State determines and 

10 reports to the Committees on Appropriations that the cen11 tral Government of Thailand (1) supports the advancement 

12 of democracy in Burma; (2) is not hampering the delivery 

13 of humanitarian and other assistance to people in Thailand 

14 who have fled Burma; and (3) is not forcibly repatriating 

15 Burmese to Burma. 

16 (b) Notwithstanding subsection (a), of the funds appro17 priated by this Act, not less than $4,000,000 shall be made 

18 available to promote democracy and human rights in Thai19 land, and not less than $1,000,000 shall be made available 

20 to promote and protect an independent media in Thailand. 

21 (c) The Secretary of State may waive subsection (a) 

22 if he determines and reports to the Committees on Appro23 priations that to do so is in the national security interest 

24 of the United States. 
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1 ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL

2 DEVELOPMENTBANKS

3 SEC. 5099. (a) Section 1307 of the International Fi4 nancial Institutions Act (22 U.S.C. 262m–7) is amended—

5 (1) by striking subsection (a) and inserting the fol6 lowing: 

7 ‘‘(a) ASSESSMENT REQUIRED BEFORE FAVORABLE

8 VOTE ON PROPOSAL.—The Secretary of the Treasury shall 

9 instruct the United States Executive Director of each multi10 lateral development bank not to vote in favor of any pro11 posal (including but not limited to any kind of proposed 

12 loan, credit, grant, guarantee, or policy) which would result 

13 or be likely to result in a significant impact on the environ14 ment, unless the Secretary, after consultation with the Sec15 retary of State and the Administrators of the United States 

16 Agency for International Development and the Environ17 mental Protection Agency, determines that for at least 120 

18 days before the date of the vote—

19 ‘‘(1) an assessment analyzing the environmental 

20 impacts of the proposal, including associated and cu21 mulative impacts, and of alternatives to the proposal, 

22 has been completed by the borrower or the bank, and 

23 has been made available to the board of directors of 

24 the bank; 
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1 ‘‘(2) the assessment (or a comprehensive sum2 mary of the assessment) and copies of any related 

3 draft loan, credit, grant, guarantee, or policy (with 

4 proprietary information redacted) have been made 

5 available to the bank, affected groups, and local non6 governmental organizations; and 

7 ‘‘(3) environment and development agencies of 

8 the member countries of the bank are notified that the 

9 assessment (or a comprehensive summary of the as10 sessment) and any related draft loan, credit, grant, 

11 guarantee, or policy are available on the bank’s 

12 website.’’; and 

13 (2) by striking subsection (g) and inserting the fol14 lowing: 

15 ‘‘(g) MULTILATERAL DEVELOPMENT BANK DE16 FINED.—In this title, the term ‘multilateral development 

17 bank’ means the International Bank for Reconstruction and 

18 Development, the European Bank for Reconstruction and 

19 Development, the International Development Association, 

20 the International Finance Corporation, the Multilateral In21 vestment Guarantee Agency, the African Development 

22 Bank, the African Development Fund, the Asian Develop23 ment Bank, the North American Development Bank, the 

24 Inter-American Development Bank, the Inter-American In25 vestment Corporation, any other institution (other than the 
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1 International Monetary Fund) specified in section 

2 1701(c)(2), and any subsidiary of any such institution, and 

3 in section 1504, the term ‘multilateral development institu4 tion’ includes the North American Development Bank and 

5 any such subsidiary.’’

6 (b) Section 1303(b) of the International Financial In7 stitutions Act (22 U.S.C. 262m–7) is amended by striking 

8 ‘‘International Bank for Reconstruction and Development, 

9 the Inter-American Development Bank, the Asian Develop10 ment Bank, and the African Development Bank’’ and in11 serting in lieu thereof ‘‘multilateral development banks’’. 

12 (c) Not more than 180 days after the date of enactment 

13 of this Act, the Secretary of the Treasury shall issue tem14 porary regulations to implement title XIII of the Inter15 national Financial Institutions Act, as amended, and, after 

16 public notice and comment, final regulations not more than 

17 one year thereafter. 

18 VIETNAMESE REFUGEES

19 SEC. 5100. (a) ELIGIBILITY FOR IN-COUNTRY REF20 UGEE PROCESSING IN VIETNAM.—For purposes of eligi21 bility for in-country refugee processing for nationals of 

22 Vietnam during fiscal years 2004 and 2005, an alien de23 scribed in subsection (b) shall be considered to be a refugee 

24 of special humanitarian concern to the United States (with25 in the meaning of section 207 of the Immigration and Na26 tionality Act (8 U.S.C. 1157)) and shall be admitted to the 
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1 United States for resettlement if the alien would be admis2 sible as an immigrant under the Immigration and Nation3 ality Act (except as provided in section 207(c)(3) of that 

4 Act). 

5 (b) ALIENS COVERED.—An alien described in this sub6 section is an alien who—

7 (1) is the son or daughter of a qualified national; 

8 (2) is 21 years of age or older; and 

9 (3) was unmarried as of the date of acceptance 

10 of the alien’s parent for resettlement under the Or11 derly Departure Program or through the United 

12 States Consulate General in Ho Chi Minh City. 

13 (c) QUALIFIED NATIONAL.—The term ‘‘qualified na14 tional’’ in subsection (b)(1) means a national of Vietnam 

15 who—

16 (1)(A) was formerly interned in a re-education 

17 camp in Vietnam by the Government of the Socialist 

18 Republic of Vietnam; or 

19 (B) is the widow or widower of an individual 

20 described in subparagraph (A); 

21 (2)(A) qualified for refugee processing under the 

22 Orderly Departure Program re-education subpro23 gram; and 
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1 (B) is or was accepted under the Orderly Depar2 ture Program or through the United States Consulate 

3 General in Ho Chi Minh City—

4 (i) for resettlement as a refugee; or 

5 (ii) for admission to the United States as 

6 an immediate relative immigrant; and 

7 (3)(A) is presently maintaining a residence in 

8 the United States or whose surviving spouse is pres9 ently maintaining such a residence; or 

10 (B) was approved for refugee resettlement or im11 migrant visa processing and is awaiting departure 

12 formalities from Vietnam or whose surviving spouse is 

13 awaiting such departure formalities. 

14 EXTRACTION OF NATURAL RESOURCES

15 SEC. 5101. (a) The Secretary of the Treasury shall in16 form the managements of the international financial insti17 tutions and the public that it is the policy of the United 

18 States that any assistance by such institutions (including 

19 but not limited to any loan, credit, grant, or guarantee) 

20 for the extraction and export of oil, gas, coal, timber, or 

21 other natural resource should not be provided unless the gov22 ernment of the country has in place or is taking the nec23 essary steps to establish functioning systems for (1) accu24 rately accounting for revenues and expenditures in connec25 tion with the extraction and export of the type of natural 

26 resource to be extracted or exported; (2) the independent au-
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1 diting of such accounts and the widespread public dissemi2 nation of the audits; and (3) verifying government receipts 

3 against company payments including widespread dissemi4 nation of such payment information in a manner that does 

5 not create competitive disadvantage or disclose proprietary 

6 information. 

7 (b) Not later than 180 days after the enactment of this 

8 Act, the Secretary of the Treasury shall submit a report 

9 to the Committees on Appropriations describing, for each 

10 international financial institution, the amount and type of 

11 assistance provided, by country, for the extraction and ex12 port of oil, gas, coal, timber, or other national resource since 

13 September 30, 2004. 

14 ASSISTANCE FOR FOREIGN NONGOVERNMENTAL

15 ORGANIZATIONS

16 SEC. 5102. Notwithstanding any other provision of 

17 law, regulation, or policy, in determining eligibility for as18 sistance authorized under part I of the Foreign Assistance 

19 Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovern20 mental organizations—

21 (1) shall not be ineligible for such assistance sole22 ly on the basis of health or medical services including 

23 counseling and referral services, provided by such or24 ganizations with non-United States Government 

25 funds if such services do not violate the laws of the 

26 country in which they are being provided and would 
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1 not violate United States Federal law if provided in 

2 the United States; and 

3 (2) shall not be subject to requirements relating 

4 to the use of non-United States Government funds for 

5 advocacy and lobbying activities other than those that 

6 apply to United States nongovernmental organiza7 tions receiving assistance under part I of such Act. 

8 SUDAN

9 SEC. 5103. (a) Of the funds appropriated under the 

10 heading ‘‘Iraq Relief and Reconstruction Fund’’ of Public 

11 Law 108–106, $150,000,000 shall be made available by 

12 transfer for necessary expenses of the United States Agency 

13 for International Development to carry out the provisions 

14 of section 491 of the Foreign Assistance Act of 1961 to re15 spond to or prevent unforeseen complex foreign crises and 

16 to meet urgent humanitarian needs in Darfur, Sudan and 

17 the region. 

18 (b) The entire amount in subsection (a) is designated 

19 as an emergency requirement pursuant to section 402 of 

20 S. Con. Res. 95 (108th Congress), as made applicable to 

21 the House of Representatives by H. Res. 649 (108th Con22 gress) and applicable to the Senate by section 14007 of Pub23 lic Law 108–287. 

24 (c) That such amount shall be available only to the 

25 extent that an official budget request for $150,000,000 that 

26 includes designation of the amount as an emergency re-
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1 quirement, as defined in S. Con. Res. 95 (108th Congress), 

2 is transmitted by the President to the Congress. 

3 (d) If the President does not submit an official budget 

4 request required by subsection (c) within 30 days of enact5 ment of the Act, the funds made available under this section 

6 shall revert back to the ‘‘Iraq Relief and Reconstruction 

7 Fund’’ of Public Law 108–106. 

8 (e) It is the Sense of the Senate that the transfer au9 thority that Congress included under chapter 2 of title II 

10 of Public Law 108–106, which authorized the transfer of 

11 up to 0.5 percent from funds made available under Chapter 

12 2 for Sudan, should be triggered to provide funds to address 

13 the humanitarian disaster in Darfur, Sudan and region. 

14 ADDITIONAL FUNDS FOR THE GLOBAL FUND TO FIGHT

15 AIDS, TUBERCULOSIS AND MALARIA

16 SEC. 5104. In addition, $150,000,000 is appropriated 

17 for ‘‘Child Survival and Health Programs Fund’’, which 

18 shall be made available for a United States contribution 

19 to the Global Fund to Fight AIDS, Tuberculosis and Ma20 laria, in accordance with the provisions applicable to the 

21 Fund under that heading in this Act: Provided, That funds 

22 appropriated by this section are designated by the Congress 

23 as an emergency requirement pursuant to section 402 of 

24 S. Con. Res. 95 (108th Congress), as made applicable to 

25 the House of Representatives by H. Res. 649 (108th Con26 gress) and applicable to the Senate by section 14007 of Pub-
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1 lic Law 108–287: Provided further, That such funds shall 

2 be divided evenly between malaria control programs and 

3 HIV/AIDS drug procurement and treatment: Provided fur4 ther, That the malaria funds shall be only used in low in5 come and least developed countries for grants (to be award6 ed through competitive procedures) for country malaria 

7 control programs in which not less than 50 percent of the 

8 grant amounts shall support indoor residual spraying 

9 interventions: Provided further, That no user fees or other 

10 fees may be charged by the government of a country con11 cerned under a program funded utilizing such amount for 

12 any malaria intervention under such program: Provided 

13 further, That none of the funds appropriated by this section 

14 shall be expended for assistance for Burma or for any coun15 try officially designated by the United States Department 

16 of State as a state sponsor of terrorism. 

17 SUPPORTFOR AFRICAN UNION MISSION IN DARFUR, SUDAN

18 SEC. 5105. (a) In addition, $75,000,000 is appro19 priated to the Department of State to carry out the provi20 sions of section 551 of the Foreign Assistance Act of 1961 

21 for the purpose of providing equipment, logistical, finan22 cial, material, and other resources necessary to support the 

23 rapid expansion of the African Union mission in Darfur, 

24 Sudan. 

25 (b) The entire amount in subsection (a) is designated 

26 as an emergency requirement pursuant to section 402 of 
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1 S. Con. Res. 95 (108th Congress), as made applicable to 

2 the House of Representatives by H. Res. 649 (108th Con3 gress) and applicable to the Senate by section 14007 of Pub4 lic Law 108–287. 

5 (c) That such amount shall be available only to the 

6 extent that an official budget request for $75,000,000 that 

7 includes designation of the amount as an emergency re8 quirement, as defined in S. Con. Res. 95 (108th Congress), 

9 as made applicable to the Senate by section 14007 of Public 

10 Law 108–287, is transmitted by the President to the Con11 gress. 

12 IMPROVING SECURITY IN HAITI

13 SEC. 5106. (a) Congress makes the following findings: 

14 (1) Haiti is important to the national security 

15 interests of the United States. 

16 (2) The United States has contributed significant 

17 assistance to support the political, economic and so18 cial development of Haiti with limited and uneven re19 sults. 

20 (3) The Haitian people are currently suffering 

21 from extreme poverty, threats from armed groups who 

22 control large areas of the country, and violations of 

23 human rights, including kidnappings. 

24 (4) As of September 22, 2004, Tropical Storm 

25 Jeanne killed more than 1,000 people, with many 

26 hundreds remaining missing, in Gonaives and other 
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1 areas of Haiti, and caused severe destruction of prop2 erty. 

3 (5) The Interim Government of Haiti under 

4 Prime Minister Gerard Latortue is attempting to ini5 tiate much needed reforms and bring political sta6 bility to the country prior to the reintroduction of an7 ticipated democratically-elected governance in 2005. 

8 (6) On July 19–20, 2004, the international com9 munity pledged $1,085,000,000 in assistance for 

10 Haiti, including $230,000,000 from the United 

11 States. 

12 (7) The immediate challenges facing Haiti are 

13 (a) addressing the insecurity and instability caused 

14 by armed groups who are undermining the ability of 

15 the Interim Government of Haiti to combat poverty 

16 and create the conditions for free and fair elections; 

17 (b) establishing the rule of law; and (c) economic re18 activation and job creation. 

19 (8) On April 30, 2004, the United Nations Secu20 rity Council authorized the United Nations Stabiliza21 tion Mission in Haiti (MINUSTAH) 6,700 military 

22 personnel and 1,622 civilian police personnel, but as 

23 of July 31, 2004, only 2,259 military personnel and 

24 224 civilian police personnel had been deployed. 
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1 (9) MINUSTAH is essential to efforts to restore 

2 stability and security, including countering the ac3 tivities of rebels, ex-combatants and other armed 

4 groups. 

5 (b) Congress—

6 (1) appreciates the contributions of military and 

7 civilian police personnel to MINUSTAH by Brazil 

8 and other nations; 

9 (2) calls upon the Secretary of State to redouble 

10 his efforts to encourage contributions of additional 

11 personnel to MINUSTAH; 

12 (3) calls upon MINUSTAH to assertively fulfill 

13 its mandate under Chapter VII of the United Nations 

14 Charter to ‘‘ensure a secure and stable environment 

15 within which the constitutional and political process 

16 in Haiti can take place’’, by confronting and resolv17 ing security threats to the Interim Government of 

18 Haiti and the people of Haiti; 

19 (4) calls upon the United States and the inter20 national community, including the United Nations 

21 and the Organization of American States, to expedite 

22 the disbursement of sufficient assistance to enable the 

23 Interim Government of Haiti to—
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1 (A) address Haiti’s urgent humanitarian 

2 needs, including to assist Haitians affected by 

3 Tropical Storm Jeanne; 

4 (B) increase employment and promote eco5 nomic development; and 

6 (C) carry out democratic elections in 2005; 

7 (5) calls upon the Interim Government of Haiti 

8 to make every effort to ensure that all political parties 

9 can participate fully and freely in the electoral proc10 ess; and 

11 (6) notes that the failure to establish a secure 

12 and stable environment and to conduct credible and 

13 inclusive elections will likely result in Haiti’s com14 plete transition from a failed state to a criminal 

15 state. 

16 REPORT ON GLOBAL POVERTY AND NATIONAL SECURITY

17 SEC. 5107. Not later than 180 days after the date of 

18 the enactment of this Act, the Secretary of State, in con19 sultation with other relevant Federal agencies, shall submit 

20 a report to Congress on the impact of global poverty on 

21 the national security of the United States, which shall in22 clude: (1) an evaluation of the effects of global poverty on 

23 United States efforts to promote democracy, equitable eco24 nomic development, and the rule of law in developing coun25 tries; (2) a description of the relationship between global 

26 poverty and political instability, civil conflict, and inter-
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1 national terrorism; and (3) recommendations for improving 

2 the ability of the United States Government to effectively 

3 address the problems in (1) and (2) by combating global 

4 poverty, including possible organizational changes within 

5 the Federal government. 

6 REPORT ON EDUCATION REFORM IN PAKISTAN

7 SEC. 5108 (a) Not later than 90 days after the date 

8 of enactment of this Act, the Secretary of State shall submit 

9 a report to the appropriate congressional committees—

10 (1) describing the strategy of the Government of 

11 Pakistan to implement education reform in Pakistan, 

12 and the strategy of the Government of the United 

13 States to assist Pakistan to achieve that objective; 

14 (2) providing information on the amount of 

15 funding—

16 (A) obligated and expended by the Govern17 ment of Pakistan and the Government of the 

18 United States, respectively, for education reform 

19 in Pakistan, since January 1, 2002; 

20 (B) expected to be provided by the Govern21 ment of Pakistan and the Government of the 

22 United States, respectively, for education reform 

23 in Pakistan, including any assistance to be pro24 vided by the United States pursuant to the com25 mitment of President Bush to provide 
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1 $3,000,000,000 in assistance to Pakistan during 

2 fiscal year 2005 through fiscal year 2009; and 

3 (3) discussing progress made in achieving edu4 cation reform in Pakistan since January 1, 2002. 

5 (b) DEFINITIONS.—In this section—

6 (1) the term ‘‘appropriate congressional commit7 tees’’ means—

8 (A) the Committees on Appropriations and 

9 International Relations of the House of Rep10 resentatives; and 

11 (B) the Committees on Appropriations and 

12 Foreign Relations of the Senate; 

13 (2) the term ‘‘education reform’’ includes efforts 

14 to expand and improve the secular education system 

15 in Pakistan, and to develop and utilize a moderate 

16 curriculum for private religious schools in Pakistan. 

17 UNITED NATIONS RESOLUTIONS ON ISRAEL

18 SEC. 5109. (a) The Senate makes the following find19 ings: 

20 (1) The United Nations General Assembly and 

21 United Nations Security Council have over a period 

22 of many years engaged in a pattern of enacting meas23 ures and resolutions castigating and condemning the 

24 state of Israel. 

25 (2) Despite the myriad of challenges facing the 

26 world community, the United Nations General Assem-
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1 bly has devoted a disproportionate amount of time 

2 and resources to castigating Israel. 

3 (3) During the fifty-seventh session of the United 

4 Nations General Assembly, the General Assembly 

5 adopted a total of 80 resolutions by roll call vote, 23 

6 of which related to Israel and were opposed by the 

7 United States. 

8 (4) The United States has a responsibility to 

9 promote fair and equitable treatment of all nations in 

10 the context of international organizations, including 

11 the United Nations. 

12 (b) It is the sense of the Senate that the President, the 

13 United States Permanent Representative to the United Na14 tions, and other appropriate United States officials 

15 should—

16 (1) work to dissuade member states of the United 

17 Nations from voting in support of United Nations 

18 General Assembly resolutions that unfairly castigate 

19 Israel; and 

20 (2) promote within the United Nations General 

21 Assembly more balanced and constructive approaches 

22 to resolving the conflict in the Middle East. 

23 (c) Section 406(b)(4) of the Foreign Relations Author24 ization Act, Fiscal Years 1990 and 1991 (Public Law 101–

25 246; 22 U.S.C. 2414a(b)(4)) is amended by inserting after 
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1 ‘‘United States’’ the following: ‘‘, including a separate list2 ing of all plenary votes cast by member countries of the 

3 United Nations in the General Assembly on resolutions spe4 cifically related to Israel that are opposed by the United 

5 States’’. 

6 SENSE OF THE SENATE ON VIOLATIONS OF RELIGIOUS

7 FREEDOM IN SAUDI ARABIA

8 SEC. 5110. It is the sense of the Senate that, in light 

9 of the designation of Saudi Arabia as a country of par10 ticular concern under section 402(b)(1)(A) of the Inter11 national Religious Freedom Act of 1998 (22 U.S.C. 

12 6442(b)(1)(A)) because the Government of Saudi Arabia has 

13 engaged in or tolerated particularly severe violations of reli14 gious freedom, the President should—

15 (1) under the authority in section 402(c)(2) and 

16 405(c) of such Act, negotiate a binding agreement 

17 with the Government of Saudi Arabia that requires 

18 such Government to phase out any program, policy, 

19 or practice that contributes to the violations of reli20 gious freedom occurring or being tolerated in Saudi 

21 Arabia; or 

22 (2) take an action described in one of the para23 graphs (9) through (15) of 405(a) of such Act or a 

24 commensurate action under the authority in section 

25 402(c)(1)(B) of such Act with respect to Saudi Arabia 

26 that the President determines is appropriate after 
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1 consideration of the recommendations for United 

2 States policy made by the United States Commission 

3 on International Religious Freedom. 

4 SUPPORT FOR THE POLITICAL INDEPENDENCE OF LEBANON

5 SEC. 5111. (a) The Senate makes the following find6 ings: 

7 (1) The United States has long supported the 

8 sovereignty, territorial integrity, and political inde9 pendence of Lebanon and the sole and exclusive exer10 cise by the Government of Lebanon of national gov11 ernmental authority throughout that country. 

12 (2) The continued presence in Lebanon of non13 governmental armed groups and militias, including 

14 Hizbollah, prevents the Government of Lebanon from 

15 exercising its full sovereignty over all territory in that 

16 country. 

17 (3) The Government of Syria has had a military 

18 presence in Lebanon since 1976, and maintains ap19 proximately 20,000 troops in Lebanon. 

20 (4) The Government of Syria continues to violate 

21 United Nations Security Council Resolution 520, 

22 adopted in 1982, which demands that ‘‘all non-Leba23 nese forces’’ leave Lebanon. 

24 (5) Syria has, since 1979, been labeled by the 

25 Department of State as a state sponsor of terrorism. 
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1 (6) President George W. Bush signed an Execu2 tive order on May 11, 2004, that implements sanc3 tions against the Government of Syria pursuant to 

4 the Syria Accountability and Lebanese Sovereignty 

5 Restoration Act of 2003 (Public Law 108–175; 22 

6 U.S.C. 2151 note). 

7 (7) United Nations Security Resolution 1559, 

8 approved on September 2, 2004, expressed support for 

9 a free and fair electoral process in the upcoming pres10 idential election in Lebanon conducted according to 

11 constitutional rules adopted in Lebanon without for12 eign interference or influence. 

13 (8) On September 3, 2004, the Government of 

14 Syria, according to numerous reports, exerted undue 

15 influence upon government officials in Lebanon to 

16 amend the constitution to extend the term of the 

17 President of Lebanon, Emile Lahoud, who is sup18 ported by the Government of Syria. 

19 (b) It is the sense of the Senate that—

20 (1) the United Nations should seek a firm, nego21 tiated schedule for the complete withdrawal from Leb22 anon of Syria armed forces in order to facilitate the 

23 restoration of the sovereignty, territorial integrity, 

24 and political independence of Lebanon; 
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1 (2) the Government of Syria should immediately 

2 withdraw its troops from Lebanon in accordance with 

3 United Nations resolutions; 

4 (3) the Government of Syria should— 

5 (A) cease its support and armament of ter6 ror groups such as Hizbollah; and 

7 (B) facilitate efforts by the government and 

8 armed forces of Lebanon to disarm all non9 governmental armed groups and militias located 

10 in Lebanon and to extend central government 

11 authority throughout Lebanon; and 

12 (4) the Government of Syria should cease efforts 

13 to derail the democratic process in Lebanon and to 

14 interfere with the legitimate electoral process in that 

15 country. 

16 This Act may be cited as the ‘‘Foreign Operations, Ex17 port Financing, and Related Programs Appropriations Act, 

18 2005’’.

Passed the House of Representatives July 15, 2004. 

Attest: JEFF TRANDAHL, 

Clerk. 

Passed the Senate September 23, 2004. 

Attest: EMILY J. REYNOLDS, 

Secretary.