H. R. 4818—217
RECONCILIATION PROGRAMS
SEC. 568. Of the funds appropriated under the heading ‘‘Eco-
nomic Support Fund’’, not less than $12,000,000 shall be made
available to support reconciliation programs and activities which
bring together individuals of different ethnic, religious, and political
backgrounds from areas of civil conflict and war.
SUDAN
SEC. 569. (a) AVAILABILITY OF FUNDS.—Of the funds appro-
priated by title II of this Act, not less than $311,000,000 should
be made available for assistance for Sudan.
(b) LIMITATION ON ASSISTANCE.—Subject to subsection (c):
(1) Notwithstanding section 501(a) of the International
Malaria Control Act of 2000 (Public Law 106–570) or any
other provision of law, none of the funds appropriated by this
Act may be made available for assistance for the Government
of Sudan.
(2) None of the funds appropriated by this Act may be
made available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(c) Subsection (b) shall not apply if the Secretary of State
determines and certifies to the Committees on Appropriations that—
(1) the Government of Sudan has taken significant steps
to disarm and disband government-supported militia groups
in the Darfur region;
(2) the Government of Sudan and all government-supported
militia groups are honoring their commitments made in the
cease-fire agreement of April 8, 2004; and
(3) the Government of Sudan is allowing unimpeded access
to Darfur to humanitarian aid organizations, the human rights
investigation and humanitarian teams of the United Nations,
including protection officers, and an international monitoring
team that is based in Darfur and that has the support of
the United States.
(d) EXCEPTIONS.—The provisions of subsection (b) shall not
apply to—
(1) humanitarian assistance; and
(2) assistance for Darfur and for areas outside the control
of the Government of Sudan.
(e) NOTIFICATION.—Not more than $45,000,000 of the funds
appropriated by this Act under the headings ‘‘International Disaster
and Famine Assistance’’ and ‘‘Transition Initiatives’’ may be made
available for assistance for Sudan outside of the Darfur region
unless written notice has been provided to the Committees on
Appropriations not less than 5 days prior to the obligation of such
funds.
(f) DEFINITIONS.—For the purposes of this Act and section 501
of Public Law 106–570, the terms ‘‘Government of Sudan’’, ‘‘areas
outside of control of the Government of Sudan’’, and ‘‘area in Sudan
outside of control of the Government of Sudan’’ shall have the
same meaning and application as was the case immediately prior
to June 5, 2004, and, with regard to assistance in support of
H. R. 4818—218
a viable peace agreement, Southern Kordofan/Nuba Mountains
State, Blue Nile State and Abyei.
(g) APPROPRIATION.—In addition to amounts appropriated else-
where in this Act, $75,000,000 is hereby appropriated for ‘‘Peace-
keeping Operations’’ to support peace and humanitarian interven-
tion operations for Sudan, and $18,000,000 is hereby appropriated
for ‘‘International Disaster and Famine Assistance’’ for humani-
tarian assistance and related activities in Sudan: Provided, That
the entire amount appropriated in this subsection is designated
as an emergency requirement pursuant to section 402 of S. Con.
Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108–287: Provided
further, That the Secretary of State shall consult with the Commit-
tees on Appropriations regarding the proposed uses of these funds
within 30 days of the date of enactment of this Act.
(h) TECHNICAL
CHANGE.—Section 12 of the International
Organizations Immunities Act (22 U.S.C. 288f–2) is amended by
striking ‘‘Organization of African Unity’’ and inserting ‘‘African
Union’’.
TRADE CAPACITY BUILDING
SEC. 570. Of the funds appropriated by this Act, under the
headings ‘‘Trade and Development Agency’’, ‘‘Development Assist-
ance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘Inter-
national Affairs Technical Assistance’’, and ‘‘International Organiza-
tions and Programs’’, not less than $507,000,000 should be made
available for trade capacity building assistance: Provided, That
$20,000,000 of the funds appropriated in this Act under the heading
‘‘Economic Support Fund’’ shall be made available for labor and
environmental capacity building activities relating to the free trade
agreement with the countries of Central America and the Dominican
Republic.
EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN
COUNTRIES AND CERTAIN OTHER COUNTRIES
SEC. 571. Notwithstanding section 516(e) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2005,
funds available to the Department of Defense may be expended
for crating, packing, handling, and transportation of excess defense
articles transferred under the authority of section 516 of such
Act to Albania, Bulgaria, Croatia, Estonia, Former Yugoslavian
Republic of Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan,
Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
INDONESIA
SEC. 572. (a) Funds appropriated by this Act under the heading
‘‘Foreign Military Financing Program’’ may be made available for
assistance for Indonesia, and licenses may be issued for the export
of lethal defense articles for the Indonesian Armed Forces, only
if the Secretary of State certifies to the appropriate congressional
committees that—
H. R. 4818—219
(1) the Armed Forces are taking steps to counter inter-
national terrorism, consistent with democratic principles and
the rule of law, and in cooperation with countries in the region;
(2) the Indonesian Government is prosecuting and pun-
ishing, in a manner proportional to the crime, members of
the Armed Forces, of whatever rank, who have been credibly
alleged to have committed gross violations of human rights
or to have aided or abetted militia groups;
(3) at the direction of the President of Indonesia, the Armed
Forces are cooperating with civilian judicial authorities and
with international efforts to resolve cases of gross violations
of human rights in East Timor and elsewhere; and
(4) at the direction of the President of Indonesia, the Armed
Forces are implementing reforms to increase the transparency
and accountability of their operations and financial manage-
ment, including making publicly available audits of receipts
and expenditures.
(b) Funds appropriated under the heading ‘‘International Mili-
tary Education and Training’’ may be made available for assistance
for Indonesia if the Secretary of State determines and reports
to the Committees on Appropriations that the Indonesian Govern-
ment and Armed Forces are cooperating with the Federal Bureau
of Investigation’s investigation into the August 31, 2002, murders
of two American citizens and one Indonesian citizen in Timika,
Indonesia: Provided, That this restriction shall not apply to
expanded international military education and training, which may
include English language training.
LIMITATION ON CONTRACTS
SEC. 573. None of the funds made available under this Act
may be used to fund any contract in contravention of section 8(d)(6)
of the Small Business Act (15 U.S.C. 637(d)(6)).
LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN
FOREIGN GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL
CRIMINAL COURT
SEC. 574. (a) None of the funds made available in this Act
in title II under the heading ‘‘Economic Support Fund’’ may be
used to provide assistance to the government of a country that
is a party to the International Criminal Court and has not entered
into an agreement with the United States pursuant to Article
98 of the Rome Statute preventing the International Criminal Court
from proceeding against United States personnel present in such
country.
(b) The President may, without prior notice to Congress, waive
the prohibition of subsection (a) with respect to a North Atlantic
Treaty Organization (‘‘NATO’’) member country, a major non-NATO
ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina,
the Republic of Korea, and New Zealand), or Taiwan if he deter-
mines and reports to the appropriate congressional committees
that it is important to the national security interests of the United
States to waive such prohibition.
(c) The President may, without prior notice to Congress, waive
the prohibition of subsection (a) with respect to a particular country
if he determines and reports to the appropriate congressional
committees that such country has entered into an agreement with