S 2812 - FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2005

This bill seeks to make appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2005, and for other purposes

Extracts from bills which citizens for Global Solutions deals with.

Global HIV/AIDS Initiative
For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, HIV/AIDS, $1,450,000,000, to remain available until expended:
Provided, That increased emphasis should be given to building local capacity of foreign governments and nongovernmental organizations to implement sustainable HIV/AIDS prevention, care and treatment programs as a component of national health care delivery systems:
Provided further, That of the funds appropriated under this heading, $25,000,000 shall be made available for HIV/AIDS education and outreach programs that utilize state of the art information technology:

Environment Programs
SEC. 5069. (a) FUNDING- Of the funds appropriated under the heading `Development Assistance', not less than $175,500,000 shall be made available for programs and activities which directly protect biodiversity, including forests, in developing countries, of which not less than $15,000,000 shall be made available to implement a regional strategy for biodiversity conservation in the countries comprising the Amazon basin of South America, including to improve the capacity of indigenous communities and local law enforcement agencies to protect the biodiversity of indigenous reserves, which amount shall be in addition to the amounts requested for biodiversity activities in these countries in fiscal year 2005::
 Provided further, That of the funds appropriated by this Act, not less than $17,500,000 should be made available for the Congo Basin Forest Partnership, of which not less than $2,500,000 should be made available for the Great Apes Conservation Fund, administered by the United States Fish and Wildlife Service, for use in Central Africa:
Provided further, That of the funds appropriated by this Act, not less than $180,000,000 shall be made available to support policies and programs in developing countries that directly (1) promote a wide range of energy conservation, energy efficiency and clean energy programs and activities, including the transfer of clean and environmentally sustainable energy technologies; (2) measure, monitor, and reduce greenhouse gas emissions; (3) increase carbon sequestration activities; and (4) enhance climate change mitigation and adaptation programs.

(b) CLIMATE CHANGE REPORT- Not later than 45 days after the date on which the President's fiscal year 2006 budget request is submitted to Congress, the President shall submit a report to the Committees on Appropriations describing in detail the following--
(1) all Federal agency obligations and expenditures, domestic and international, for climate change programs and activities in fiscal year 2005, including an accounting of expenditures by agency with each agency identifying climate change activities and associated costs by line item as presented in the President's Budget Appendix; and
(2)
(i) to promote the transfer and deployment of a wide range of United States clean energy and energy efficiency technologies; (ii) to assist in the measurement, monitoring, reporting, verification, and reduction of greenhouse gas emissions; (iii) to promote carbon capture and sequestration measures; (iv) to help meet such countries' responsibilities under the Framework Convention on Climate Change; and (v) to develop assessments of the vulnerability to impacts of climate change and mitigation and adaptation response strategies.

Nonproliferation, Anti-terrorism, Demining and Related Programs
For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $415,200,000, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international organizations, and section 301 of the Foreign Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission
Provided further, That of the funds appropriated under this heading, $10,000,000 should be made available for mobile robot systems and radiation detection technology to combat international terrorism:

Conflict Response Fund
For necessary expenses to assist in stabilizing and reconstructing a country that is in, or is in transition from, conflict or civil strife, $20,000,000, to remain available until expended:
Provided, That funds available under this paragraph may be used for assistance for a country only if the Secretary of State determines and reports to the Committees on Appropriations, that it is important to the national security interest of the United States to do so and consults with the Committees on Appropriations prior to making any such determination:

Peacekeeping Operations
For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $104,000,000:
Provided, That notwithstanding any other provision of law except section 551 of this Act, funds appropriated for the Department of Defense for fiscal year 2005 may be transferred to the Department of State and may be made available by the Department of State to provide such assistance as the Secretary of State deems appropriate for the military or security forces of a foreign country in order to enhance the capability of such country to participate in international peacekeeping or peace enforcement operations:
Provided further, That none of the funds appropriated under this heading shall be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations.

Title IV-- Multilateral Economic Assistance Funds Appropriated to the President International Financial Institutions

Global Environment Facility
For the United States contribution for the Global Environment Facility, $120,678,000 to the International Bank for Reconstruction and Development as trustee for the Global Environment Facility, by the Secretary of the Treasury, to remain available until expended.

Limitation on Callable Capital Subscriptions

International Organizations and Programs
For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1961, and of section 2 of the United Nations Environment Program Participation Act of 1973, $328,925,000: Provided, That none of the funds appropriated under this heading may be made available to the International Atomic Energy Agency (IAEA):

Restrictions on Voluntary Contributions to United Nations Agencies
SEC. 502. None of the funds appropriated by this Act may be made available to pay any voluntary contribution of the United States to the United Nations (including the United Nations Development Program) if the United Nations implements or imposes any taxation on any United States persons.

Prohibition Against Direct Funding For Certain Countries
SEC. 507. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance or reparations to Cuba, Libya, North Korea, Iran, or Syria: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents.


Limitation on Availability of Funds for International Organizations and Programs
SEC. 5016. Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under this Act or any previously enacted Act making appropriations for foreign operations, export financing, and related programs, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall remain available for obligation until September 30, 2006.

Military Coups
SEC. 508. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by decree or military coup:
Provided, That assistance may be resumed to such government if the President determines and certifies to the Committees on Appropriations that subsequent to the termination of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes:
Provided further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations

Child Survival and Health Activities
SEC. 5022. 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 available 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 Programs 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: Provided further, That of the funds appropriated under title II of this Act, not less than $450,000,000 shall be made available for family planning/reproductive health.


Afghanistan
SEC. 523. Of the funds appropriated by this Act, not less than $504,450,000 shall be made available for humanitarian and reconstruction assistance for Afghanistan:
Provided, That of the funds made available pursuant to this section, not less than $225,000,000 should be from funds appropriated under the heading `Economic Support Fund':
Provided further, That funds appropriated by this Act that are available for assistance for the Afghan National Army should be made available if members of the Army have been vetted for any involvement in terrorism, human rights violations, drug trafficking, and other serious criminal activity:
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 available 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 available pursuant to this section, not less than $2,000,000 shall be made available for the Afghan Independent Human Rights Commission and for other Afghan human rights organizations:
Provided further, That of the funds made available pursuant to this section, not less than $50,000,000 shall be made available to support programs that directly address the needs of Afghan women and girls, of which not less than $15,000,000 shall be made available for small grants to support 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 communities and families that have suffered losses as a result of the military operations.

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 $35,000,000 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:

(b)(1) In addition to the funds made available in subsection (a), of the funds appropriated by this Act under the heading `Economic Support Fund' not less than $25,000,000 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 United States efforts to respond to, deter, or prevent acts of international terrorism:

Provided, That funds made available pursuant to the authority of this subsection should support new initiatives and activities in those countries:
Provided further, That of the funds appropriated under this heading, $3,000,000 shall be made available for programs and activities that provide professional training for journalists, of which $2,000,000 shall be made available to Internews:
Provided further, That of the funds appropriated under such 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, human rights, and the rule of law in Egypt:
Provided further, That notwithstanding any other provision of law, not less than $3,000,000 of such funds may be used for making grants to educational, humanitarian and nongovernmental organizations and individuals inside Iran to support the advancement of democracy and human rights in Iran:
Provided further, That notwithstanding any other provision of law, funds appropriated pursuant to the authority of this subsection may be made available for democracy, human rights, and rule of law programs for Syria:

(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 $5,000,000 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 countries in sub-Saharan Africa, and not less than $1,500,000 shall be made available for such programs and activities of the National Endowment for Democracy in countries in Asia.

(c) Of the funds made available under subsection (a), not less than $15,000,000 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)(1), not less than $15,000,000 shall be made available for such Fund to support the activities described in subsection (b)(1): 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 $57,000,000.


(e) Of the funds made available under subsection (a), $10,000,000 shall be made available to American educational institutions for programs and activities in the People's Republic of China relating to the environment, democracy and the rule of law: Provided, That funds available under this subsection shall be made available subject to prior consultation with the Committees on Appropriations.

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.
(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 Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations.

War Crimes Tribunals Drawdown
SEC. 5045. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $32,000,000 of commodities and services for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations Security Council or such other tribunals or commissions as the Council may establish or authorize to deal with such violations, without regard to the ceiling limitation contained in paragraph (2) thereof: Provided, That the determination required under this section shall be in lieu of any determinations otherwise required under section 552(c): Provided further, That the drawdown made under this section for any tribunal shall not be construed as an endorsement or precedent for the establishment of any standing or permanent international criminal tribunal or court: Provided further, 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.

Landmines
SEC. 5046. Notwithstanding any other provision of law, demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the President may prescribe.

Contributions to United Nations Population Fund
SEC. 5060. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION- Of the amounts made available under `International Organizations and Programs' and `Child Survival and Health Programs Fund' for fiscal year 2005, $34,000,000 shall be made available for the United Nations Population Fund (hereafter in this section referred to as the `UNFPA'): Provided, That of this amount, not less than $25,000,000 shall be derived from funds appropriated under the heading `International Organizations and Programs'.
(b) REPROGRAMMING OF FUNDS- Of the funds appropriated in Public Law 108-199 that were available for the UNFPA, $25,000,000 shall be made available for the family planning, maternal, and reproductive health activities of the United States Agency for International Development in Albania, Azerbaijan, the Democratic Republic of the Congo, Ethiopia, Georgia, Haiti, Kazakhstan, Kenya, Nigeria, Romania, Russia, Rwanda, Tanzania, Uganda, and the Ukraine: Provided, That such programs and activities shall be deemed to have been justified to Congress.
(c) PROHIBITION ON USE OF FUNDS IN CHINA- None of the funds made available under `International Organizations and Programs' may be made available for the UNFPA for a country program in the People's Republic of China.
(d) CONDITIONS ON AVAILABILITY OF FUNDS- Amounts made available under `International Organizations and Programs' for fiscal year 2005 for the UNFPA may not be made available to UNFPA unless--
(1) the UNFPA maintains amounts made available to the UNFPA under this section in an account separate from other accounts of the UNFPA;
(2) the UNFPA does not commingle amounts made available to the UNFPA under this section with other sums; and
(3) the UNFPA does not fund abortions.

War Criminals
SEC. 5061. (a)(1) None of the funds appropriated or otherwise made available pursuant to this Act may be made available for assistance, and the Secretary of the Treasury shall instruct the United States executive directors to the international financial institutions to vote against any new project involving the extension by such institutions of any financial or technical assistance, to any country, entity, or municipality whose competent authorities have failed, as determined by the Secretary of State, to take necessary and significant steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the former Yugoslavia (the `Tribunal') all persons in their territory who have been indicted by the Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the Secretary of State determines and reports to the appropriate congressional committees that the competent authorities of such country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for investigators to archives and witnesses, the provision of documents, and the surrender and transfer of indictees or assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.


War Crimes in Africa
SEC. 580. (a) The Congress recognizes the important contribution that the democratically elected Government of Nigeria has played in fostering stability in West Africa.
(b) The Congress 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 in a timely manner.
(c) Funds appropriated by this Act, including funds for debt restructuring, may be made available for assistance to the central government of a country in which individuals indicted by ICTR and SCSL are credibly alleged to be living, if the Secretary of State determines and reports to the Committees on Appropriations that such government is cooperating with ICTR and SCSL, including the surrender and transfer of indictees in a timely manner:
Provided, That this subsection shall not apply to assistance provided under section 551 of the Foreign Assistance Act of 1961 or to project assistance under title II of this Act:
Provided further, That the United States shall use its voice and vote in the United Nations Security Council to fully support efforts by ICTR and SCSL to bring to justice individuals indicted by such tribunals in a timely manner.
(d) The prohibition in subsection (c) may be waived on a country by country basis if the President determines that doing so is in the national security interest of the United States:


Sudan
SEC. 599D. (a) Of the funds appropriated under the heading `Iraq Relief and Reconstruction Fund' of Public Law 108-106, $150,000,000 shall be made available by transfer for necessary expenses of the United States Agency for International Development to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 to respond to or prevent unforeseen complex foreign crises and to meet urgent humanitarian needs in Darfur, Sudan and the region.

Additional Funds for the Global Fund to Fight AIDS, Tuberculosis and Malaria
SEC. 599E. In addition, $150,000,000 is appropriated for `Child Survival and Health Programs Fund', which shall be made available for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria, in accordance with the provisions applicable to the Fund under that heading in this Act:
Provided, That funds appropriated by this section are designated by the Congress 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 such funds shall be divided evenly between malaria control programs and HIV/AIDS drug procurement and treatment: Provided further, That the malaria funds shall be only used in low income and least developed countries for grants (to be awarded through competitive procedures) for country malaria control programs in which not less than 50 percent of the grant amounts shall support indoor residual spraying interventions:
Provided further, That no user fees or other fees may be charged by the government of a country concerned under a program funded utilizing such amount for any malaria intervention under such program:
Provided further, That none of the funds appropriated by this section shall be expended for assistance for Burma or for any country officially designated by the United States Department of State as a state sponsor of terrorism.
This Act may be cited as the `Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005'.

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