H. R. 2673—173
central, country, regional, and program level funding, either as:
(1) justified to the Congress; or (2) allocated by the executive branch
in accordance with a report, to be provided to the Committees
on Appropriations within 30 days of the enactment of this Act,
as required by section 653(a) of the Foreign Assistance Act of
1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
SEC. 522. Up to $13,500,000 of the funds made available by
this Act for assistance under the heading ‘‘Child Survival and
Health Programs Fund’’, may be used to reimburse United States
Government agencies, agencies of State governments, institutions
of higher learning, and private and voluntary organizations for
the full cost of individuals (including for the personal services
of such individuals) detailed or assigned to, or contracted by, as
the case may be, the United States Agency for International
Development for the purpose of carrying out activities under that
heading: Provided, That up to $3,500,000 of the funds made avail-
able by this Act for assistance under the heading ‘‘Development
Assistance’’ may be used to reimburse such agencies, institutions,
and organizations for such costs of such individuals carrying out
other development assistance activities: Provided further, That
funds appropriated by titles II and III of this Act that are made
available for bilateral assistance for child survival activities or
disease programs including activities relating to research on, and
the prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except for
the provisions under the heading ‘‘Child Survival and Health Pro-
grams Fund’’ and the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C.
7601 et seq.) as amended by section 595 of this Act: Provided
further, That of the funds appropriated under title II of this Act,
not less than $432,000,000 shall be made available for family plan-
ning/reproductive health.
AFGHANISTAN
SEC. 523. Of the funds appropriated by this Act, $405,000,000
shall be made available for humanitarian and reconstruction assist-
ance for Afghanistan: Provided, That of the funds made available
pursuant to this section, not less than $75,000,000 should be from
funds appropriated under the heading ‘‘Economic Support Fund’’:
Provided further, That of the funds made available pursuant to
this section, not less than $2,000,000 should be made available
for reforestation activities: Provided further, That funds made avail-
able pursuant to the previous proviso should be matched, to the
maximum extent possible, with contributions from American and
Afghan businesses: Provided further, That of the funds made avail-
able pursuant to this section, not less than $2,000,000 should be
made available for the Afghan Judicial Reform Commission: Pro-
vided further, That of the funds made available pursuant to this
section, not less than $5,000,000 should be made available to sup-
port programs to address the needs of Afghan women through
training and equipment to improve the capacity of women-led
Afghan nongovernmental organizations and to support the activities
of such organizations: Provided further, That not less than
$2,000,000 should be made available for assistance for Afghan
H. R. 2673—174
communities and families that suffer losses as a result of the
military operations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 524. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees
on Appropriations to the same extent and under the same conditions
as are other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accord-
ance with the regular notification procedures of such Committees
if such defense articles are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or are
valued (in terms of original acquisition cost) at $7,000,000 or more,
or if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive such
excess defense articles: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.
USAID OVERSEAS PROGRAM
SEC. 525. Funds appropriated by this and subsequent appro-
priations Acts to carry out the provisions of part I of the Foreign
Assistance Act of 1961, including funds appropriated under the
heading ‘‘Assistance for Eastern Europe and the Baltic States’’,
may be made available to employ individuals overseas on a limited
appointment basis pursuant to the authority of sections 308 and
309 of the Foreign Service Act of 1980: Provided, That in fiscal
years 2004, 2005, and 2006 the authority of this section may be
used to hire not more than 85 individuals in each such year.
DEMOCRACY PROGRAMS
SEC. 526. (a) Notwithstanding any other provision of law, of
the funds appropriated by this Act to carry out the provisions
of chapter 4 of part II of the Foreign Assistance Act of 1961,
not less than $13,500,000 shall be made available for assistance
for activities to support democracy, human rights, and the rule
of law in the People’s Republic of China and Hong Kong: Provided,
That funds appropriated under the heading ‘‘Economic Support
Fund’’ should be made available for assistance for Taiwan for the
purposes of furthering political and legal reforms: Provided further,
That such funds shall only be made available to the extent that
they are matched from sources other than the United States Govern-
ment: Provided further, That funds made available pursuant to
the authority of this subsection shall be subject to the regular
notification procedures of the Committees on Appropriations.
(b)(1) In addition to the funds made available in subsection
(a), of the funds appropriated by this Act under the heading ‘‘Eco-
nomic Support Fund’’ not less than $11,500,000 shall be made
available for programs and activities to foster democracy, human
rights, civic education, women’s development, press freedom, and
the rule of law in countries with a significant Muslim population,
and where such programs and activities would be important to
H. R. 2673—175
United States efforts to respond to, deter, or prevent acts of inter-
national terrorism: Provided, That funds made available pursuant
to the authority of this subsection should support new initiatives
or bolster ongoing programs and activities in those countries: Pro-
vided further, That not less than $3,000,000 of such funds shall
be made available for programs and activities that provide profes-
sional training for journalists: Provided further, That of the funds
appropriated under this heading, in addition to other amounts
made available for Egypt in this Act, funds shall be made available
to support civil society organizations working for democracy in
Egypt: Provided further, That notwithstanding any other provision
of law, not to exceed $1,500,000 of such funds may be used for
making grants to educational, humanitarian and nongovernmental
organizations and individuals inside Iran to support the advance-
ment of democracy and human rights in Iran: Provided further,
That funds made available pursuant to this subsection shall be
subject to the regular notification procedures of the Committees
on Appropriations.
(2) In addition to funds made available under subsections (a)
and (b)(1), of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ not less than $3,000,000 shall be made
available for programs and activities of the National Endowment
for Democracy to foster democracy, human rights, civic education,
women’s development, press freedom, and the rule of law in coun-
tries in sub-Saharan Africa.
(c) Of the funds made available under subsection (a), not less
than $10,500,000 shall be made available for the Human Rights
and Democracy Fund of the Bureau of Democracy, Human Rights
and Labor, Department of State, to support the activities described
in subsection (a), and of the funds made available under subsection
(b), not less than $7,000,000 shall be made available for such
Fund to support the activities described in subsection (b): Provided,
That the total amount of funds made available by this Act under
‘‘Economic Support Fund’’ for activities of the Bureau of Democracy,
Human Rights and Labor, Department of State, including funds
available in this section, shall be not less than $34,500,000.
(d) Of the funds made available under subsection (a), not less
than $3,000,000 shall be made available for the National Endow-
ment for Democracy to support the activities described in subsection
(a), and of the funds made available under subsection (b), not
less than $3,500,000 shall be made available for the National
Endowment for Democracy to support the activities described in
subsection (b): Provided, That the Secretary of State shall provide
a report to the Committees on Appropriations within 120 days
of the date of enactment of this Act on the status of the allocation,
obligation, and expenditure of such funds.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
SEC. 527. (a) Funds appropriated for bilateral assistance under
any heading of this Act and funds appropriated under any such
heading in a provision of law enacted prior to the enactment of
this Act, shall not be made available to any country which the
President determines—
(1) grants sanctuary from prosecution to any individual
or group which has committed an act of international terrorism;
or
(2) otherwise supports international terrorism.
H. R. 2673—176
(b) The President may waive the application of subsection (a)
to a country if the President determines that national security
or humanitarian reasons justify such waiver. The President shall
publish each waiver in the Federal Register and, at least 15 days
before the waiver takes effect, shall notify the Committees on Appro-
priations of the waiver (including the justification for the waiver)
in accordance with the regular notification procedures of the
Committees on Appropriations.
DEBT-FOR-DEVELOPMENT
SEC. 528. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-
for-nature exchanges, a nongovernmental organization which is a
grantee or contractor of the United States Agency for International
Development may place in interest bearing accounts local currencies
which accrue to that organization as a result of economic assistance
provided under title II of this Act and any interest earned on
such investment shall be used for the purpose for which the assist-
ance was provided to that organization.
SEPARATE ACCOUNTS
SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—
(1) If assistance is furnished to the government of a foreign country
under chapters 1 and 10 of part I or chapter 4 of part II of
the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the Adminis-
trator of the United States Agency for International Development
shall—
(A) require that local currencies be deposited in a separate
account established by that government;
(B) enter into an agreement with that government which
sets forth—
(i) the amount of the local currencies to be generated;
and
(ii) the terms and conditions under which the cur-
rencies so deposited may be utilized, consistent with this
section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for International
Development and that government to monitor and account for
deposits into and disbursements from the separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only—
(A) to carry out chapter 1 or 10 of part I or chapter
4 of part II (as the case may be), for such purposes as—
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The United States Agency
for International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed pursu-
ant to subsection (a)(2)(A) from the separate account established