Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005

Bill: 108-s-2812
Sponsor: Sen. McConnell, Mitch [R-KY]
Introduced: 2004-09-16 in the Senate
Policy area: International Affairs
Subjects: AIDS (Disease)
Abortion
Administration of justice
Administrative procedure
Advanced weapons
Africa
Africa (Sub-Saharan)
African Development Foundation
Aggression
Agricultural assistance
Agriculture and Food
Air pollution control
Albania
Alcoholic beverages
Alternative energy sources
Animals
Appropriations
Arab countries
Arab-Israeli conflict
Armed Forces and National Security
Armenia
Armies
Arms control
Arms sales
Arrest
Auditing
Azerbaijan
Ballistic missiles
Bangladesh
Bank management
Belarus
Biological diversity
Biotechnology
Bolivia
Border patrols
Bosnia and Herzegovina
Boundaries
Bribery
Budget process
Burma
Burundi
Cambodia
Capital investments
Carbon cycle
Caribbean area
Caucasus
Central America
Central Asia
Charities
Child development
Child health
Children's rights
China
Civics education
Civil Rights and Liberties, Minority Issues
Civil War
Civil service retirement
Civil-military relations
Climate change and greenhouse gases
Coal
Colombia
Commerce
Commercial blacklisting
Communicable diseases
Community policing
Competitive bidding
Condoms
Conferences
Congress
Congress and foreign policy
Congressional oversight
Constitutions
Construction costs
Contraceptives
Conventional weapons
Copyright
Counterpart funds
Coups d'etat
Covert operations
Crime and Law Enforcement
Crimes against humanity
Crimes against women
Criminal investigation
Croatia
Cuba
Cyprus
Debt agreements
Debt relief
Defense budgets
Defense procurement
Democracy
Democratic Republic of Congo
Department of State
Department of the Treasury
Developing countries
Development credit institutions
Diamonds
Diplomats
Disabled
Disaster relief
Discrimination against the disabled
Displaced persons
District of Columbia
Drug abuse
Drug law enforcement
Drug therapy
Drug traffic
Drugs
East Asia
East Timor
Eastern Europe
Economic assistance
Economic growth
Economics and Public Finance
Education
Educational facilities
Egypt
Elementary and secondary education
Emergency Management
Employee rights
Endangered species
Energy
Energy conservation
Energy efficiency
Energy facilities
Environmental Protection
Environmental monitoring
Environmental technology
Estonia
Ethiopia
Ethnic relations
Europe
Evidence (Law)
Export controls
Export finance
Export subsidies
Export-Import Bank of the United States
Expropriation
Extradition
Families
Family planning and birth control
Famines
Federal aid to education
Federal employees
Federal office buildings
Federally-guaranteed loans
Fertilizers
Fiji
Finance and Financial Sector
Fines (Penalties)
Food relief
Foreign Trade and International Finance
Foreign exchange
Foreign leaders
Foreign loans
Foreign service
Forest conservation
Former Soviet states
Foundations
Freedom of speech
Freedom of the press
Gaza Strip
Genocide
Georgia (Republic)
Government Operations and Politics
Government contractors
Government corporations
Government lending
Government liability (International law)
Government service contracts
Government trust funds
Government vehicles
Governmental investigations
Grenades
Guatemala
Guerrilla warfare
Haiti
Haiti compilation
Health
Health information systems
Helicopters
Herbicides
Higher education
Hong Kong
Hospitals
Housing and Community Development
Human immunodeficiency viruses
Human rights
Immigration
Income tax
India
Indictments
Indigenous peoples
Indonesia
Information technology
Infrastructure
Inspectors general
Insurgency
Intellectual property
Inter-American Foundation
International agencies
International broadcasting
International claims
International competitiveness
International control of nuclear power
International courts
International environmental cooperation
International relief
Investment guaranty insurance
Iran
Iraq
Iraq compilation
Islamic countries
Israel
Jordan
Kazakhstan
Kenya
Kyrgyzstan
Labeling
Labor and Employment
Land mines
Latin America
Latvia
Law
Leases
Lebanon
Liberia
Libya
Lithuania
Location of industries
Macedonia
Malaria
Malta
Maternal health services
Medical laboratories
Medical research
Medical supplies
Medical tests
Middle East and North Africa
Military assistance
Military education
Military personnel
Military research
Military training
Mine safety
Mines and mineral resources
Minesweeping
Minorities
Minority business enterprises

Summary:
action_date: 2004-09-16
text: 
Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 - Makes appropriations for FY 2005 for: (1) the Export-Import Bank of the United States; (2) the Overseas Private Investment Corporation; (3) the Trade and Development Agency; (4) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (5) U.S. Agency for International Development; (6) various bilateral economic assistance programs for foreign developing countries; (7) expenses for the Millenium Challenge Corporation; (8) the Inter-American Foundation, the African Development Foundation, and the Peace Corps; (9) global HIV/AIDS initiative; (10) international narcotics control and law enforcement and the Andean Counterdrug Initiative; (11) migration and refugee assistance; (12) nonproliferation, anti-terrorism, demining and related programs; (13) Department of the Treasury for international affairs technical assistance and debt restructuring; (14) certain U.S. military assistance programs for foreign countries; (15) U.S. contributions to certain international financial institutions; and (16) international programs and organizations. 
 
Sets forth certain limits and prohibitions on the use of appropriations for specified activities.
action_date: 2004-09-16
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 - 
Title I: Export and Investment Assistance 
- Makes FY 2005 appropriations for: (1) the Export-Import Bank, including the Inspector General, direct and guaranteed loan and insurance programs, and administrative expenses; (2) Overseas Private Investment Corporation (OPIC) credit and insurance programs, including administrative expenses, and for the cost of direct and guaranteed loans; and (3) the Trade and Development Agency. 
 

Title II: Bilateral Economic Assistance
 - Makes FY 2005 appropriations for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) the U.S. Agency for International Development (USAID) for child survival and disease programs, including HIV/AIDS and other infectious diseases, and family planning/reproductive health programs; (3) specified development assistance, with specified amounts for pilot programs to address gender-based violence in Liberia, Uganda, Burundi, and the Democratic Republic of the Congo; (4) international disaster and famine assistance; (5) democracy transition and long-term development of countries in crisis; (6) direct loans and guaranteed loans for micro and small enterprise development and urban programs; (7) the Foreign Service Retirement and Disability Fund; (8) operating expenses of USAID, and the USAID Office of Inspector General; (9) the Capital Investment Fund; (10) Economic Support Fund (ESF) assistance, including amounts for Israel, Egypt, Jordan, Pakistan, Cyprus, Lebanon, Indonesia, Timor-Leste, Kenya, and the Middle East Partnership Initiative; (11) assistance for Eastern Europe and the Baltic States; (12) assistance for the new Independent States of the former Soviet Union, including restrictions on assistance to Russia until compliance with specified actions in Chechnya and Iran; (13) the Inter-American Foundation, the African Development Foundation, the Peace Corps, with a prohibition on fund use for abortions, and the Millennium Challenge Account; (14) the global HIV/AIDS initiative; (15) international narcotics control and law enforcement; (16) counterdrug activities in the Andean region of South America including restrictions on Bolivian assistance and assistance to Colombia to support a unified campaign against terrorist organizations such as the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), and the United Self-Defense Forces of Colombia (AUC); (17) migration and refugee assistance; (18) the Emergency Refugee and Migration Assistance Fund; (19) nonproliferation, anti-terrorism, demining, and related programs and activities, including U.S. contributions to the International Atomic Energy Agency (IAEA) and the Comprehensive Nuclear Test Ban Treaty Preparatory Commission; (20) a conflict response fund; (21) the Department of the Treasury for international affairs technical assistance activities; and (22) debt restructuring of concessional loans, guarantees, and credits made to, and the canceling of amounts owed to, the United States by eligible foreign countries (but barring such assistance to Sudan or Burma unless the Secretary of the Treasury notifies the Committees on Appropriations that a democratically elected government has taken office). 
 

Title III: Military Assistance
 - Makes FY 2005 appropriations for: (1) expanded international military education and training (IMET), including provisions respecting Cambodia, Haiti, the Democratic Republic of the Congo, Nigeria, and Guatemala; (2) foreign military financing grants, including provisions respecting Egypt, Israel, Jordan, Armenia, Tunisia, Liberia, and Uganda; and (3) international peacekeeping operations.
 

Title IV: Multilateral Economic Assistance 
- Makes FY 2005 appropriations for the U.S. contribution to: (1) the Global Environment Facility of the International Bank for Reconstruction and Development (World Bank); (2) the International Development Association (IDA); (3) the Multilateral Investment Guarantee Agency; (4) the Enterprise for the Americas Multilateral Investment Fund; (5) the Asian Development Fund; (6) the African Development Bank; (7) the African Development Fund; (8) the European Bank for Reconstruction and Development; and (9) the International Fund for Agricultural Development. Makes FY 2005 appropriations for international programs and organizations. Sets certain restrictions on international organization funding.
 

Title V: General Provisions
 - (Sec. 501) Prohibits payments to any international financial institution while the U.S. executive director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule, or any alternate U.S. director is compensated at a rate in excess of that for Level V of such Schedule. 
 
(Sec. 502) Prohibits the use of funds under this Act to pay any voluntary U.S. contribution to the United Nations (UN) if the UN implements or imposes any tax on U.S. persons. 
 
(Sec. 503) Sets forth limits on the use of appropriations, including specified maximums for official residence expenses, entertainment expenses, and representation allowances for USAID. Sets forth entertainment and/or representation limits for: (1) the Inter-American Foundation; (2) the Trade and Development Agency; (3) the Peace Corps; (4) IMET; (5) the Foreign Military Financing Program; and (6) the Millennium Challenge Corporation.
 
(Sec. 506) Prohibits the use of funds for: (1) assistance under a new bilateral agreement unless such assistance is exempt from taxation, or reimbursed, by the foreign government; (2) direct assistance or reparations to Cuba, Libya, North Korea, Iran, or Syria; (3) assistance to any country whose elected head of government is deposed by military coup or decree; (4) certain transfers between U.S. agencies except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act, or between appropriations accounts without prior presidential consultation with Congress; (5) assistance to any country in default in excess of a year on payments on a U.S. loan (unless the President determines such assistance is in the national interest); and (6) assistance (except in certain circumstances) for production of any export commodity by a foreign country if the commodity is likely to be in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of a similar commodity. 
 
(Sec. 510) Authorizes the commercial leasing of defense articles (instead of the government-to-government sale) to Israel, Egypt, North Atlantic Treaty Organization NATO members, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons. 
 
(Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity. 
 
(Sec. 516) Declares that funds appropriated for foreign operations, export financing, and related programs that are returned or not made available for international organizations and programs shall remain available for obligation until September 30, 2006.
 
 (Sec. 517) Prohibits the availability of assistance for the Independent States of the former Soviet Union to a government of such an Independent State: (1) if it directs action in violation of the territorial integrity or national sovereignty of any other Independent State; or (2) to enhance its military capability (except for demilitarization, demining, or nonproliferation programs). 
 
Subjects such assistance for the Russian Federation, Armenia, Georgia, and Ukraine to the regular notification procedures of the Committees on Appropriations. 
 
(Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning, to motivate or coerce any person to practice abortions, or to provide any financial incentive to undergo sterilization. 
 
(Sec. 519) Limits the amount of export financing funds (other than for administrative expenses) that can be transferred from one appropriation to another to not more than five percent, with no appropriation being increased by more than 25 percent by such transfer. 
 
(Sec. 520) Prohibits the use of funds for Liberia, Serbia, Sudan, Zimbabwe, Pakistan, Haiti, or Cambodia except through the regular notification procedures of the Committees on Appropriations. 
 
(Sec. 522) Makes funds available to reimburse governmental and private entities for the cost of individuals detailed to USAID for child survival and disease prevention programs in developing countries.
 
 (Sec. 523) Obligates certain funds for Afghanistan for humanitarian, reconstruction, and related assistance. 
 
(Sec. 524) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries. 
 
(Sec. 525) Authorizes the Coordinator of the U.S. Government Activities to Combat HIV/AIDS Globally to establish an HIV/AIDS Working Capital Fund to be used to acquire pharmaceuticals and other products needed to treat HIV/AIDS and related infections.
 
(Sec. 526) Obligates certain funds for activities to support democracy and human rights in: (1) the People's Republic of China (PRC), including certain American educational institutions in the PRC, and Hong Kong; (2) countries with a significant Muslim population where such activities would be important to U.S. efforts to deter international terrorism, with amounts for Egypt, Iran, and Syria; and (3) sub-Saharan Africa. 
 
(Sec. 527) Prohibits bilateral assistance funds to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes the President to waive such prohibition for national security and humanitarian reasons. 
 
(Sec. 528) Authorizes nongovernmental organizations which are USAID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges. 
 
(Sec. 529) Directs the Administrator of USAID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities. 
 
(Sec. 530) Requires the President to submit to specified congressional committees a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund. 
 
(Sec. 531) Directs the Secretary of the Treasury to instruct the U.S. executive director to each appropriate international financial institution to oppose and vote against any loan or financial or technical assistance or any other fund use for Burma. 
 
Makes ESF assistance available to support democracy activities in Burma and along the Burma-Thailand border and for activities of Burmese student groups and other organizations located outside Burma, including support for humanitarian assistance to displaced Burmese along Burma's borders. Makes additional funds available for humanitarian assistance to displaced Burmese and host communities in Thailand, and for Thai-based humanitarian organizations.
 
States that no funds under this Act may be made available to the government of any country that is a major provider of weapons or other defense-related equipment to the State Peace and Development Council. 
 
 (Sec. 532) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act. Requires an agency to report to the Committees on Appropriations whenever it is conducting or proposing activities in a country for which such assistance is prohibited.
 
 (Sec. 533) Prohibits the use of funds under this Act to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees; or (2) assistance for any program that contributes to the violation of internationally recognized workers rights in the recipient country. 
 
(Sec. 534) Allows funds appropriated under this Act for Afghanistan to be made available notwithstanding restrictions: (1) on assistance to countries in default in payment to the United States; and (2) contained in the Foreign Assistance Act of 1961 on law enforcement assistance. 
 
Allows funds appropriated under the trade and economic assistance titles of this Act to be made available to: (1) Iraq, Lebanon, Montenegro, and Pakistan; (2) war victims; (3) displaced children; (3) displaced Burmese; (4) victims of trafficking in persons and to combat such trafficking; and (5) address gender-based violence. 
 
Authorizes the use of foreign assistance funds to support tropical forestry and biodiversity conservation programs and energy programs aimed at reducing greenhouse gas emissions. 
 
Authorizes USAID to: (1) employ up to 25 personal services contractors in the United States to provide support for specified new or expanded overseas programs until permanent direct hire personnel are hired and trained; and (2) make an exception to the fair opportunity process under an indefinite-quantity contract for a small or disadvantaged business.
 
Authorizes the President to waive certain restrictions regarding the PLO or its constituent groups under the Anti-Terrorism Act of 1987 if in the national interest. (Limits the waiver period to not more than 12 months after enactment of this Act.)
 
Expands authorities under the Foreign Assistance Act of 1961 for: (1) contingency spending; and (2) civilian police assistance for a regional, district, municipal, or other sub-national entity emerging from instability. 
 
Obligates specified funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance of USAID as a general contribution to the World Food Program.
 
States that: (1) funds under this Act for the National Endowment for Democracy may be provided notwithstanding any other provision of law or regulation; and (2) for purposes of the International Malaria Control Act of 2000 the terms &quot;areas outside of control of the Government of Sudan&quot; and &quot;area in Sudan outside of control of the Government of Sudan&quot; shall, upon conclusion of a peace agreement between the Government of Sudan and the Sudan People's Liberation Movement, have the same meaning and application as was the case prior to the conclusion of such agreement. 
 
Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 to replace references to the Attorney General with references to the Secretary of Homeland Security with respect to Indochinese parolee adjudications.
 
Amends P.L. 107-57 to extend specified presidential waiver authorities with respect to Pakistan through FY 2005.
 
Obligates funds for: (1) Cambodian nongovernmental organizations to document genocide and crimes against humanity in Cambodia; and (2) a U.S. nongovernmental organization for physical rehabilitation programs in Cambodia. 
 
Amends the the Emergency Wartime Supplemental Appropriations Act, 2003 to extend certain loan guarantee authority for Israel through FY 2007.
 
(Sec. 535) Expresses the sense of Congress that: (1) the Arab League boycott of Israel (reinstated in 1997), and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to regional peace and to U.S. investment and trade in the Middle East and North Africa and should be terminated; and (2) the President should report annually to Congress on specific steps taken by the United States to encourage Arab League states to normalize their relations with Israel to end the boycott. 
 
(Sec. 536) Declares that restrictions on assistance to foreign countries contained in this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under specified provisions of the Agricultural Trade Development and Assistance Act of 1954 (P.L. 480). 
 
(Sec. 537) Authorizes the reprogramming of earmarked appropriations for other programs within the same account, provided certain requirements are met. Sets forth certain other requirements with respect to ceilings and earmarks of appropriations under this Act.
 
 (Sec. 539) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. Obligates amounts for private and voluntary organizations to deal with world hunger problems abroad. 
 
(Sec. 540) Prohibits the use of funds to pay any assessments, arrearages, or dues of any UN member (including costs for attendance of another country's delegation at international conferences held under the auspices of multilateral or international organizations). 
 
(Sec. 541) Prohibits the provision of funds to a nongovernmental organization that fails to provide any document, file, or record necessary for USAID auditing requirements. 
 
(Sec. 542) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country that the Secretary of State (Secretary) has determined has a terrorist government, unless the President determines that such assistance is in the U.S. national interest. 
 
(Sec. 543) Withholds assistance to a foreign country in an amount equal to 110 percent of the total unpaid parking fines and penalties owed by the country to the District of Columbia and New York City, New York, that were incurred from April 1, 1997 through September 30, 2004. 
 
(Sec. 544) Prohibits the obligation of any appropriations for the Palestine Liberation Organization (PLO) for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO. 
 
(Sec. 545) Permits the President to provide up to a specified amount of commodities and services to the UN War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia. 
 
States that funds made available for tribunals other than Yugoslavia, Rwanda, or the Special Court for Sierra Leone shall be made available subject to the regular notification procedures of the Committees on Appropriations. 
 
(Sec. 546) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes. 
 
(Sec. 547) Prohibits, with an exception for acquisition of additional space for the Consulate General in Jerusalem, the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles. 
 
(Sec. 548) Prohibits the obligation of certain funds to pay for: (1) alcoholic beverages; or (2) entertainment expenses for recreational activities. 
 
(Sec. 549) Obligates funds for Haiti for: (1) child health; (2) agriculture and environment; (3) judicial reform; and (4) police training. 
 
Makes the Government of Haiti eligible to purchase U.S. defense articles and services for its Coast Guard. 
 
Requires USAID to develop a reforestation plan for Haiti.
 
(Sec. 550) Prohibits the obligation of any appropriations for the PLO unless the President certifies to Congress that it is in the U.S. national security interest. Limits the duration of any such waiver and requires a report to the Committees on Appropriations when it is exercised. 
 
(Sec. 551) Prohibits the use of funds for the security forces of a foreign country if the Secretary believes they have committed gross violations of human rights, unless the Secretary reports to the Committees on Appropriations that such country is taking steps to bring the responsible persons to justice. 
 
(Sec. 552) Requires a specified annual foreign military training report to be submitted by the Secretary of Defense and the Secretary to the Committees on Appropriations by a certain date. 
 
(Sec. 554) Directs the Secretary of the Treasury to instruct the U.S. executive directors of international financial institutions to oppose loans to the Central Government of Cambodia (except loans to support basic human needs). 
 
Prohibits the use of funds under this Act to assist: (1) the Central Government of Cambodia, with specified exceptions; and (2) any tribunal established by the Government of Cambodia.
 
Makes ESF assistance available for activities to support democracy (including assistance for democratic political parties) in Cambodia. Authorizes the availability of IMET funds for Cambodia only if at least 15 days before their obligation the Secretary provides to the Committees on Appropriations a list of those individuals who have been credibly alleged to have ordered or carried out extrajudicial and political killings during the March 1997 grenade attack against the Khmer Nation Party. 
 
(Sec. 555) Prohibits the use of funds appropriated by this Act to support a Palestinian state unless the Secretary certifies to the appropriate congressional committees that: (1) a new leadership of a Palestinian governing entity has been democratically elected; (2) such entity has demonstrated a commitment to peaceful coexistence with Israel and is taking measures to counter terrorism; and (3) the Palestinian Authority is working to establish a lasting peace in the Middle East. Authorizes the President to waive such prohibition if in the U.S. national security interest. States that such funding restriction shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or a newly elected governing entity.
 
Expresses the sense of Congress that the newly elected governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights, and should enact other laws and regulations assuring transparent and accountable governance.
 
(Sec. 556) Makes up to 12.5 percent of the funds appropriated by this Act for assistance for the Colombian armed forces available only if the Secretary has certified to the appropriate congressional committees that such armed forces are cooperating in bringing to justice those members of the armed forces who have committed gross violations of human rights, including extrajudicial killings.
 
(Sec. 557) Prohibits the Secretary from issuing a visa to any alien who the Secretary determines has willfully provided (or conspired to provide) support to FARC, ELN, or AUC. Provides for waiver of such prohibition on a case-by-case basis for humanitarian reasons or to support the peace process.
 
(Sec. 558) Prohibits the use of funds appropriated under this Act to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation.
 
(Sec. 559) Requires the Secretary, 30 days prior to ESF fund obligation for the bilateral West Bank and Gaza Program, to certify to the appropriate congressional committees that procedures have been established to ensure the Comptroller General's access to appropriate U.S. financial information in order to review the uses of Program funds. Requires the Secretary to take all appropriate steps to ensure such assistance is not provided to or through any individual or entity that advocates or engages in terrorist activity.
 
Prohibits funds to be used to honor individuals who commit, or have committed, acts of terrorism.
 
Requires and obligates funds for Program audits.
 
(Sec. 560) Earmarks a specified amount of international organizations and program funds for the UN Population Fund (UNFPA) (except for any country program in China). Conditions such funds' availability on specified requirements, including that it does not fund abortions. Obligates specified UNFPA funds for family planning, and maternal and reproductive health activities in the Democratic Republic of the Congo, Ethiopia, Kenya, Nigeria, Rwanda, Tanzania, Uganda, Haiti, Georgia, Azerbaijan, Russia, Albania, Romania, Ukraine, and Kazakhstan. 
 
(Sec. 561) Prohibits the use of funds made available by this Act for assistance (except humanitarian assistance and assistance for democratization), and requires the Secretary of the Treasury to instruct the U.S. executive directors to the international financial institutions to vote against the extension of assistance to any country (Bosnia and Herzegovina, Croatia and Serbia) or entity (Federation of Bosnia and Herzegovina, Kosovo, Montenegro and the Republika Srpska) that has failed to take necessary steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the Former Yugoslavia all persons in their territory who have been indicted by the Tribunal. 
 
(Sec. 562) Directs the Secretary of the Treasury to instruct the U.S. executive directors at specified international financial institutions to oppose any loan, grant, strategy, or policy that would require user fees or service charges on poor people for primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, in connection with the institution's lending programs.
 
(Sec. 563) Makes funds appropriated by this Act available for assistance for Serbia if the President certifies to the Committees on Appropriations that the Government of the Federal Republic of Yugoslavia is: (1) cooperating with the International Criminal Tribunal for Yugoslavia, including regarding the surrender and transfer of indictees or assistance in their apprehension; (2) taking steps consistent with the Dayton Accords to end Serbian financial, political, security and other support which has served to maintain separate Republika Srpska institutions; and (3) taking steps to implement policies which reflect a respect for minority rights and the rule of law, including the release of political prisoners from Serbian prisons. States that such requirements shall not apply to Montenegro, Kosovo, humanitarian assistance, or assistance to promote democracy in municipalities. 
 
(Sec. 564) Authorizes the use of foreign assistance funds to enhance the effectiveness and accountability of civilian police authority through human rights training, and through the promotion of civilian police roles that support democratic governance, including programs on conflict prevention and police-community relations. 
 
(Sec. 565) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; and (3) certain export guarantees for U.S. agricultural commodities. Permits exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries (IDA-only countries) with heavy debt that are eligible to borrow from the International Development Association (but not from the International Bank for Reconstruction and Development). Prescribes additional conditions for the exercise of such authority. 
 
(Sec. 566) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments upon payment from an eligible purchaser that plans to use such loans only for debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps. Limits such authority to funds appropriated by this Act under the heading of debt restructuring.
 
(Sec. 567) Obligates funds under this Act for basic education.
 
(Sec. 568) Obligates ESF funds for religious, ethnic, and political reconciliation programs. 
 
(Sec. 569) Obligates specified funds for biodiversity (and forest) programs in developing countries, and for improving the capacity of indigenous groups and local environmental organizations and law enforcement agencies to protect the biodiversity of indigenous reserves in the Amazon Basin region of South America. 
 
Obligates funds for: (1) Congo Basin Forest Partnership, including amounts for the Great Apes Conservation Fund; and (2) energy conservation and related programs in developing countries. 
 
Directs the President to report to the Committees on Appropriations on: (1) Federal agency FY 2005 obligations for climate change programs; and (2) USAID FY 2004 through 2006 obligations related to clean energy technology transfers.
 
(Sec. 570) Makes funds available for assistance for the central Government of Uzbekistan only if the Secretary reports to the Committees on Appropriations that the Government of Uzbekistan is making substantial progress in meeting its commitments under the Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America, including respect for human rights, establishing a genuine multiparty system, and ensuring free elections, freedom of expression, and independence of the media. 
 
Makes funds available for assistance for the Government of Kazakhstan only if the Secretary reports to the Committees on Appropriations that the Government of Kazakhstan has made significant improvements in the protection of human rights during the preceding six-month period. Authorizes the Secretary to waive these requirements in the U.S. national security interest. 
 
Directs the Secretary to report to the Committees on Appropriations on the defense articles, defense services, and financial assistance provided by the United States to the countries of Central Asia (Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and Turkmenistan) during the previous six-month period, and their use during such period by units of the armed forces, border guards, or other security forces of such countries. 
 
(Sec. 571) Authorizes the transfer of excess defense articles to Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of Macedonia, Georgia, India, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. 
 
(Sec. 572) Obligates ESF funds for: (1) a Fund for Inclusion, Leadership, and Human Rights of People with Disabilities for grants to nongovernmental organizations that work on behalf of people with disabilities in developing countries; and (2) a Disability Rights Fellowship Program at the Department of State and USAID.
 
(Sec. 573) Directs the Secretary of the Treasury to instruct the U.S. executive director to each international financial institution to: (1) vote against any loan extension to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State certifies to the Committees on Appropriations that the rule of law has been restored in Zimbabwe; (2) oppose loans to Cambodia, except loans for basic human needs; and (3) support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans. Obligates funds for nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China, including National Endowment for Democracy programs.
 
(Sec. 575) Makes foreign military financing program funds available to Indonesia, and authorizes the issuance of licenses for the export of lethal defense articles for the Indonesian armed forces, only if the President certifies to the appropriate congressional committees that: (1) the Indonesian armed forces are not committing gross violations of human rights; (2) the Indonesian Minister of Defense is suspending from the armed forces those members who have committed gross violations of human rights, or who have aided or abetted militia groups; (3) the Indonesian Government is prosecuting such individuals; (4) the Indonesian armed forces are cooperating with civilian prosecutors and judicial authorities in such cases; and (5) the Minister of Defense is making publicly available audits of receipts and expenditures of the Indonesian armed forces.
 
(Sec. 576) Obligates funds under this Act for the Office of the Higher Education Community Liaison in the Bureau for Economic Growth, Agriculture and Trade of USAID for U.S.-based colleges and universities.
 
(Sec. 577) Directs the President to report to the Committees on Appropriations describing the involvement of the Nigerian armed forces in the incident in Benue State, the measures that are being taken to bring such individuals to justice, and whether any Nigerian armed forces units involved with such incident are receiving U.S. assistance. 
 
(Sec. 578) Prohibits funds appropriated under this Act for the Government of the Russian Federation unless the President certifies to the Committees on Appropriations that the Government of the Russian Federation has implemented no statute or similar government action that would discriminate against religious groups or religious communities in the Russian Federation.
 
(Sec. 579) Obligates funds under this Act for Nicaragua and Guatemala.
 
Makes specified military assistance available to Guatemala for non-lethal defense items if the Secretary certifies to the appropriate committees that: (1) the role of the Guatemalan military has been limited to activities in defense of Guatemala's sovereignty and territorial integrity that are permitted by the 1996 Peace Accords; (2) the Guatemalan military is cooperating with civilian judicial authorities in investigations of military personnel who have been implicated in human rights violations and other criminal activity; (3) the Government of Guatemala is actively working with the UN to resolve impediments to the establishment of the Commission for the Investigation of Illegal Groups and Clandestine Security Organizations; (4) the Government of Guatemala is continuing its efforts to make its military budget process transparent; and (5) the Government of Guatemala is increasing efforts to combat narcotics trafficking and organized crime. 
 
(Sec. 580) States that Congress: (1) recognizes the important contribution of the Government of Nigeria in fostering stability in West Africa; and (2) reaffirms its support for the efforts of the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity. 
 
States that funds appropriated by this Act, including funds for debt restructuring, may be made available to the central government of a country in which individuals indicted by ICTR and SCSL are credibly alleged to be living if the Secretary determines and reports to the Committees on Appropriations that such government is cooperating with ICTR and SCSL. Authorizes the President to waive such requirements if in the U.S. national security interest. 
 
(Sec. 581) Directs the Secretary to: (1) use private voluntary organizations with the relevant expertise in the processing, identification, and referral of refugees; (2) develop a system for accepting referrals from local private, voluntary organizations, and outlines categories of special consideration for admission; and (3) report to the Committees on Appropriations respecting such provisions' implementation. 
 
(Sec. 582) Prohibits making refugee funds under this Act available to an organization that has failed to adopt a code of conduct consistent with the Inter-Agency Standing Committee Task Force on Protection From Sexual Exploitation and Abuse in Humanitarian Crises six core principles for the protection of beneficiaries of humanitarian assistance. States that in administering such funds the Secretary and the Administrator of USAID shall incorporate policies and programs to identify the specific needs of women and children at the various stages of humanitarian emergencies.
 
(Sec. 583) Authorizes the use of funds under this Act for the cost of individuals detailed to or employed by USAID whose primary responsibility is to carry out programs to address natural or man-made disasters or programs.
 
(Sec. 584) Directs the Secretary to report to the Committees on Appropriations setting forth procedures for: (1) implementing the President's Proclamation dated January 12, 2004, which established a policy of denying U.S. entry to corrupt current and former public officials and certain members of their families; and (2) making public such persons' names.
 
(Sec. 585) Obligates funds under this Act to assist victims of torture and cruel, inhuman, or degrading treatment, including for centers that provide services consistent with the goals of the Torture Victims Relief Reauthorization Act of 1999. 
 
(Sec. 586) Authorizes USAID to use specified FY 2005 funds to pay administrative and salary costs for up to two overseas offices.
 
(Sec. 587) Obligates funds under this Act for USAID to employ up to 50 full-time Civil Service and Foreign Service personnel.
 
(Sec. 588) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 with respect to certain claims for expropriation by the Government of Nicaragua during the period January 1, 1956 through January 9, 2002.
 
(Sec. 589) Prohibits the use of funds under this Act by OPIC to insure, reinsure, guarantee, or finance any investment in connection with a project involving the mining, polishing or other processing, or sale of diamonds in a country that fails to implement the recommendations, obligations and requirements developed by the Kimberley Process on conflict diamonds.
 
 Prohibits the use of funds under this Act by the U.S. Export-Import Bank to guarantee, insure, or extend credit in connection with the export of any goods to a country for use in an enterprise involving the mining, polishing or other processing, or sale of diamonds in a country that likewise fails to implement such recommendations, obligations and requirements.
 
(Sec. 590) Obligates military assistance funds for the Philippines, Indonesia, Bangladesh, Timor-Leste, Mongolia, Nepal, Thailand, Sri Lanka, Cambodia, Fiji, and Tonga. 
 
(Sec. 591) Recommends that specified International Narcotics Control and Law Enforcement funds be made available for preliminary work by the Department of State, or another designated entity, to establish cooperation with appropriate agencies of the Government of Cuba on counter-narcotics matters, including mutual assistance in the interdiction of illicit drugs being transported through Cuba airspace or over Cuba waters. Bars such funds' availability if the President certifies that: (1) Cuba does not have appropriate procedures to protect against the loss of innocent life in the air and on the ground in connection with the interdiction of illegal drugs; and (2) there is evidence of involvement of the Government of Cuba in drug trafficking. 
 
(Sec. 592) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 to authorize appropriations through FY 2006 for additional U.S. contributions to the Heavily Indebted Poor Countries (HIPC) Trust Fund.
 
(Sec. 593) Amends the Millennium Challenge Act of 2003 to make the obligation of up to ten percent of Millenium Challenge Corporation authorization of appropriations for assistance to certain candidate countries permanent.
 
(Sec. 594) Prohibits fund use under this Act for the Government of the Russian Federation if the Secretary certifies to the Committees on Appropriations that such Government has not pledged or is not contributing funds or other significant resources for the construction of the new shelter over the Chernobyl nuclear power plant. Exempts democracy, rule of law, child survival and health, and environment programs from such prohibition.
 
(Sec. 595) Makes certain Iraqi relief funds under the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 available to modify direct loans and loan guarantees for Iraq. Amends such Act to increase certain Iraq Relief and Deconstruction Fund reallocation ceilings. 
 
(Sec. 596) Prohibits fund use under this Act for the Governments of Ethiopia or Eritrea unless the Secretary certifies to the Committees on Appropriations that such Government is taking steps to comply with the terms of the Algiers Agreements. Exempts democracy, rule of law, child survival and health, basic education, and agriculture programs from such prohibition.
 
(Sec. 597) Prohibits making appropriations available for foreign operations, export financing, and related programs as a U.S. contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria for the Government of North Korea or the State Peace and Development Council in Burma, or affiliated groups and organizations. 
 
(Sec. 598) Prohibits fund use under this Act for the Government of Thailand unless the Secretary reports to the Committees on Appropriations that such Government: (1) supports the advancement of democracy in Burma and is taking action to sanction the military junta in Rangoon; (2) is not hampering the delivery of humanitarian assistance to people in Thailand who have fled Burma; and (3) is not forcibly repatriating Burmese to Burma.
 
Obligates funds under this Act to promote democracy, human rights, and an independent media in Thailand.
 
(Sec. 599) Amends the International Financial Institutions Act with respect to the required environmental impact assessment of a proposed multilateral bank proposal to: (1) require that such assessment or summary be available on the bank's website; and (2) redefine &quot;multilateral development bank.&quot;
 
(Sec. 599A) Considers certain Vietnamese nationals to be refugees of special humanitarian concern to the United States for purposes of FY 2004 and 2005 eligibility for in-country refugee processing in Vietnam.
 
(Sec. 599B) Directs the Secretary of the Treasury to inform international financial institutions and the public that it is U.S. policy that any assistance by such institutions for the extraction and export of oil, gas, coal, timber, or other natural resource should not be provided unless the government of the country has or is taking steps to establish functioning systems for: (1) revenue and expenditure accounting; (2) independent auditing; and (3) verifying government receipts against company payments. 
 
(Sec. 599C) Declares that, in the determination of eligibility for assistance under the Foreign Assistance Act of 1961, foreign NGOs: (1) shall not be ineligible for such assistance solely on the basis of health or medical services including counseling and referral services they provide with non-U.S. Government funds if such services do not violate the laws of the country in which they are being provided and would not violate Federal law if provided in the United States; and (2) shall not be subject to requirements relating to the use of non-U.S. Government funds for advocacy and lobbying activities other than those that apply to U.S. NGOs receiving assistance under such Act.
 
(Sec. 599D) Obligates specified Iraqi relief funds for humanitarian efforts in Darfur, Sudan.
 
Expresses the sense of the Senate that certain transfer authority under the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 should be triggered to provide funds for Darfur.
 
(Sec. 599E) Appropriates additional funds for the U.S. contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria (to be divided equally between malaria and HIV/AIDS programs). Prohibits such funds for Burma or any country designated by the Department of State as a state sponsor of terrorism.


Legislative actions:
action_date: 2004-09-23
text: See also H.R. 4818.
action_date: 2004-09-23
text: Senate passed companion measure H.R. 4818 in lieu of this measure by Voice Vote.
action_date: 2004-09-23
text: Senate incorporated this measure in H.R. 4818 as an amendment.
action_date: 2004-09-16
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 700.
action_date: 2004-09-16
text: Committee on Appropriations. Original measure reported to Senate by Senator McConnell under authority of the order of the Senate of 01/07/2003. With written report No. 108-346.
action_date: 2004-09-16
text: Committee on Appropriations. Original measure reported to Senate by Senator McConnell under authority of the order of the Senate of 01/07/2003. With written report No. 108-346.
action_date: 2004-09-16
text: Committee on Appropriations ordered to be reported an original measure.
action_date: 2004-09-16
text: Introduced in Senate
action_date: 2004-05-18
text: Committee on Appropriations Subcommittee on Foreign Operations. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 108-792.
action_date: 2004-04-21
text: Committee on Appropriations Subcommittee on Foreign Operations. Hearings held prior to introduction and/or referral.
action_date: 2004-04-08
text: Committee on Appropriations Subcommittee on Foreign Operations. Hearings held prior to introduction and/or referral.