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ELIGIBILITY FOR ASSISTANCE
SEC. 637. (a) ASSISTANCE THROUGH NONGOVERN-
MENTAL ORGANIZATIONS.—Restrictions contained in this
or any other Act with respect to assistance for a country
shall not be construed to restrict assistance in support of
programs of nongovernmental organizations from funds ap-
propriated by this Act to carry out the provisions of chap-
ters 1, 10, 11, and 12 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961, and from funds ap-
propriated under the heading ‘‘Assistance for Eastern Eu-
rope and the Baltic States’’: Provided, That before using
the authority of this subsection to furnish assistance in sup-
port of programs of nongovernmental organizations, the
President shall notify the Committees on Appropriations
under the regular notification procedures of those commit-
tees, including a description of the program to be assisted,
the assistance to be provided, and the reasons for furnishing
such assistance: Provided further, That nothing in this sub-
section shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations
contained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 2004, re-
strictions contained in this or any other Act with respect
to assistance for a country shall not be construed to restrict
assistance under the Agricultural Trade Development and
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Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made
available pursuant to this subsection may be obligated or
expended except as provided through the regular notifica-
tion procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision
of law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign As-
sistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized
human rights.
EARMARKS
SEC. 638. (a) Funds appropriated by this Act which
are earmarked may be reprogrammed for other programs
within the same account notwithstanding the earmark if
compliance with the earmark is made impossible by oper-
ation of any provision of this or any other Act: Provided,
That any such reprogramming shall be subject to the reg-
ular notification procedures of the Committees on Appro-
priations: Provided further, That assistance that is repro-
grammed pursuant to this subsection shall be made avail-
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able under the same terms and conditions as originally pro-
vided.
(b) In addition to the authority contained in sub-
section (a), the original period of availability of funds ap-
propriated by this Act and administered by the United
States Agency for International Development that are ear-
marked for particular programs or activities by this or any
other Act shall be extended for an additional fiscal year
if the Administrator of such agency determines and reports
promptly to the Committees on Appropriations that the ter-
mination of assistance to a country or a significant change
in circumstances makes it unlikely that such earmarked
funds can be obligated during the original period of avail-
ability: Provided, That such earmarked funds that are con-
tinued available for an additional fiscal year shall be obli-
gated only for the purpose of such earmark.
CEILINGS AND EARMARKS
SEC. 639. Ceilings and earmarks contained in this Act
shall not be applicable to funds or authorities appropriated
or otherwise made available by any subsequent Act unless
such Act specifically so directs. Earmarks or minimum
funding requirements or prohibitions contained in any
other Act shall not be applicable to funds appropriated by
this Act.
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PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 640. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
within the United States not authorized before the date of
the enactment of this Act by the Congress: Provided, That
not to exceed $750,000 may be made available to carry out
the provisions of section 316 of Public Law 96–533.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 641. None of the funds appropriated or made
available pursuant to this Act for carrying out the Foreign
Assistance Act of 1961, may be used to pay in whole or
in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assist-
ance Act of 1961, the costs for participation of another
country’s delegation at international conferences held under
the auspices of multilateral or international organizations.
NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION
SEC. 642. None of the funds appropriated or made
available pursuant to this Act shall be available to a non-
governmental organization which fails to provide upon
timely request any document, file, or record necessary to
the auditing requirements of the United States Agency for
International Development.
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PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS
THAT
EXPORT
LETHAL
MILITARY
EQUIPMENT
TO
COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
SEC. 643. (a) None of the funds appropriated or other-
wise made available by this Act may be available to any
foreign government which provides lethal military equip-
ment to a country the government of which the Secretary
of State has determined is a terrorist government for pur-
poses of section 6(j) of the Export Administration Act. The
prohibition under this section with respect to a foreign gov-
ernment shall terminate 12 months after that government
ceases to provide such military equipment. This section ap-
plies with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
(c) Whenever the waiver authority of subsection (b) is
exercised, the President shall submit to the appropriate con-
gressional committees a report with respect to the fur-
nishing of such assistance. Any such report shall include
a detailed explanation of the assistance to be provided, in-
cluding the estimated dollar amount of such assistance, and
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an explanation of how the assistance furthers United States
national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED
BY FOREIGN COUNTRIES
SEC. 644. (a) Subject to subsection (c), of the funds
appropriated by this Act that are made available for assist-
ance for a foreign country, an amount equal to 110 percent
of the total amount of the unpaid fully adjudicated parking
fines and penalties owed by such country shall be withheld
from obligation for such country until the Secretary of State
submits a certification to the appropriate congressional
committees stating that such parking fines and penalties
are fully paid.
(b) Funds withheld from obligation pursuant to sub-
section (a) may be made available for other programs or
activities funded by this Act, after consultation with and
subject to the regulation notification procedures of the ap-
propriate congressional committees, provided that no such
funds shall be made available for assistance to a foreign
country that has not paid the total amount of the fully ad-
judicated parking fines and penalties owed by such country.
(c) Subsection (a) shall not include amounts that have
been withheld under any other provision of law.
(d) The Secretary of State may waive the requirements
set forth in subsection (a) with respect to a country if the
Secretary—