H. R. 3057

One Hundred Ninth Congress

of the

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the fourth day of January, two thousand and five 

An Act 

Making appropriations for foreign operations, export financing, and related programs 

for the fiscal year ending September 30, 2006, and for other purposes.

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, That the 

following sums are appropriated, out of any money in the Treasury 

not otherwise appropriated, for the fiscal year ending September 

30, 2006, and for other purposes, namely: 

TITLE I—EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

as amended, $1,000,000, to remain available until September 30, 

2007. 

EXPORT-IMPORT BANK PROGRAM ACCOUNT

The Export-Import Bank of the United States is authorized 

to make such expenditures within the limits of funds and borrowing 

authority available to such corporation, and in accordance with 

law, and to make such contracts and commitments without regard 

to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying 

out the program for the current fiscal year for such corporation: 

Provided, That none of the funds available during the current 

fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology 

to any country, other than a nuclear-weapon state as defined in 

Article IX of the Treaty on the Non-Proliferation of Nuclear 

Weapons eligible to receive economic or military assistance under 

this Act, that has detonated a nuclear explosive after the date 

of the enactment of this Act: Provided further, That notwithstanding 

section 1(c) of Public Law 103–428, as amended, sections 1(a) and 

(b) of Public Law 103–428 shall remain in effect through October 

1, 2006. 

SUBSIDY APPROPRIATION

For the cost of direct loans, loan guarantees, insurance, and 

tied-aid grants as authorized by section 10 of the Export-Import 

Bank Act of 1945, as amended, $100,000,000, to remain available 
H. R. 3057—2

until September 30, 2009: Provided, That such costs, including 

the cost of modifying such loans, shall be as defined in section 

502 of the Congressional Budget Act of 1974: Provided further,

That such sums shall remain available until September 30, 2024, 

for the disbursement of direct loans, loan guarantees, insurance 

and tied-aid grants obligated in fiscal years 2006, 2007, 2008, 

and 2009: Provided further, That none of the funds appropriated 

by this Act or any prior Act appropriating funds for foreign operations, export financing, and related programs for tied-aid credits 

or grants may be used for any other purpose except through the 

regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated by this paragraph 

are made available notwithstanding section 2(b)(2) of the ExportImport Bank Act of 1945, in connection with the purchase or lease 

of any product by any Eastern European country, any Baltic State 

or any agency or national thereof. 

ADMINISTRATIVE EXPENSES

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger 

motor vehicles and services as authorized by 5 U.S.C. 3109, and 

not to exceed $30,000 for official reception and representation 

expenses for members of the Board of Directors, $73,200,000: Provided, That the Export-Import Bank may accept, and use, payment 

or services provided by transaction participants for legal, financial, 

or technical services in connection with any transaction for which 

an application for a loan, guarantee or insurance commitment has 

been made: Provided further, That, notwithstanding subsection (b) 

of section 117 of the Export Enhancement Act of 1992, subsection 

(a) thereof shall remain in effect until October 1, 2006. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized 

to make, without regard to fiscal year limitations, as provided 

by 31 U.S.C. 9104, such expenditures and commitments within 

the limits of funds available to it and in accordance with law 

as may be necessary: Provided, That the amount available for 

administrative expenses to carry out the credit and insurance programs (including an amount for official reception and representation 

expenses which shall not exceed $35,000) shall not exceed 

$42,274,000: Provided further, That project-specific transaction 

costs, including direct and indirect costs incurred in claims settlements, and other direct costs associated with services provided 

to specific investors or potential investors pursuant to section 234 

of the Foreign Assistance Act of 1961, shall not be considered 

administrative expenses for the purposes of this heading. 

PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, $20,276,000, as 

authorized by section 234 of the Foreign Assistance Act of 1961, 

to be derived by transfer from the Overseas Private Investment 

Corporation Non-Credit Account: Provided, That such costs, 

including the cost of modifying such loans, shall be as defined 
H. R. 3057—3

in section 502 of the Congressional Budget Act of 1974: Provided 

further, That such sums shall be available for direct loan obligations 

and loan guaranty commitments incurred or made during fiscal 

years 2006 and 2007: Provided further, That such sums shall remain 

available through fiscal year 2014 for the disbursement of direct 

and guaranteed loans obligated in fiscal year 2006, and through 

fiscal year 2015 for the disbursement of direct and guaranteed 

loans obligated in fiscal year 2007: Provided further, That notwithstanding any other provision of law, the Overseas Private Investment Corporation is authorized to undertake any program authorized by title IV of the Foreign Assistance Act of 1961 in Iraq: 

Provided further, That funds made available pursuant to the 

authority of the previous proviso shall be subject to the regular 

notification procedures of the Committees on Appropriations. 

In addition, such sums as may be necessary for administrative 

expenses to carry out the credit program may be derived from 

amounts available for administrative expenses to carry out the 

credit and insurance programs in the Overseas Private Investment 

Corporation Noncredit Account and merged with said account. 

FUNDS APPROPRIATED TO THE PRESIDENT

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $50,900,000, to remain 

available until September 30, 2007. 

TITLE II—BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

For expenses necessary to enable the President to carry out 

the provisions of the Foreign Assistance Act of 1961, and for other 

purposes, to remain available until September 30, 2006, unless 

otherwise specified herein, as follows: 

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapters 

1 and 10 of part I of the Foreign Assistance Act of 1961, for 

child survival, health, and family planning/reproductive health 

activities, in addition to funds otherwise available for such purposes, 

$1,585,000,000, to remain available until September 30, 2007: Provided, That this amount shall be made available for such activities 

as: (1) immunization programs; (2) oral rehydration programs; (3) 

health, nutrition, water and sanitation programs which directly 

address the needs of mothers and children, and related education 

programs; (4) assistance for children displaced or orphaned by 

causes other than AIDS; (5) programs for the prevention, treatment, 

control of, and research on HIV/AIDS, tuberculosis, polio, malaria, 

and other infectious diseases, and for assistance to communities 

severely affected by HIV/AIDS, including children displaced or 

orphaned by AIDS; and (6) family planning/reproductive health: 

Provided further, That none of the funds appropriated under this 
H. R. 3057—4

heading may be made available for nonproject assistance, except 

that funds may be made available for such assistance for ongoing 

health activities: Provided further, That of the funds appropriated 

under this heading, not to exceed $350,000, in addition to funds 

otherwise available for such purposes, may be used to monitor 

and provide oversight of child survival, maternal and family planning/reproductive health, and infectious disease programs: Provided 

further, That the following amounts should be allocated as follows: 

$360,000,000 for child survival and maternal health; $30,000,000 

for vulnerable children; $350,000,000 for HIV/AIDS; $220,000,000 

for other infectious diseases; and $375,000,000 for family planning/

reproductive health, including in areas where population growth 

threatens biodiversity or endangered species: Provided further, That 

of the funds appropriated under this heading, and in addition 

to funds allocated under the previous proviso, not less than 

$250,000,000 shall be made available, notwithstanding any other 

provision of law, except for the United States Leadership Against 

HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108–

25), for a United States contribution to the Global Fund to Fight 

AIDS, Tuberculosis and Malaria (the ‘‘Global Fund’’), and shall 

be expended at the minimum rate necessary to make timely payment for projects and activities: Provided further, That up to 5 

percent of the aggregate amount of funds made available to the 

Global Fund in fiscal year 2006 may be made available to the 

United States Agency for International Development for technical 

assistance related to the activities of the Global Fund: Provided 

further, That of the funds appropriated under this heading, 

$70,000,000 should be made available for a United States contribution to The Vaccine Fund, and up to $6,000,000 may be transferred 

to and merged with funds appropriated by this Act under the 

heading ‘‘Operating Expenses of the United States Agency for International Development’’ for costs directly related to international 

health, but funds made available for such costs may not be derived 

from amounts made available for contribution under this and preceding provisos: Provided further, That none of the funds made 

available in this Act nor any unobligated balances from prior appropriations may be made available to any organization or program 

which, as determined by the President of the United States, supports or participates in the management of a program of coercive 

abortion or involuntary sterilization: Provided further, That none 

of the funds made available under this Act may be used to pay 

for the performance of abortion as a method of family planning 

or to motivate or coerce any person to practice abortions: Provided 

further, That nothing in this paragraph shall be construed to alter 

any existing statutory prohibitions against abortion under section 

104 of the Foreign Assistance Act of 1961: Provided further, That 

none of the funds made available under this Act may be used 

to lobby for or against abortion: Provided further, That in order 

to reduce reliance on abortion in developing nations, funds shall 

be available only to voluntary family planning projects which offer, 

either directly or through referral to, or information about access 

to, a broad range of family planning methods and services, and 

that any such voluntary family planning project shall meet the 

following requirements: (1) service providers or referral agents in 

the project shall not implement or be subject to quotas, or other 

numerical targets, of total number of births, number of family 

planning acceptors, or acceptors of a particular method of family 
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planning (this provision shall not be construed to include the use 

of quantitative estimates or indicators for budgeting and planning 

purposes); (2) the project shall not include payment of incentives, 

bribes, gratuities, or financial reward to: (A) an individual in 

exchange for becoming a family planning acceptor; or (B) program 

personnel for achieving a numerical target or quota of total number 

of births, number of family planning acceptors, or acceptors of 

a particular method of family planning; (3) the project shall not 

deny any right or benefit, including the right of access to participate 

in any program of general welfare or the right of access to health 

care, as a consequence of any individual’s decision not to accept 

family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits 

and risks of the method chosen, including those conditions that 

might render the use of the method inadvisable and those adverse 

side effects known to be consequent to the use of the method; 

and (5) the project shall ensure that experimental contraceptive 

drugs and devices and medical procedures are provided only in 

the context of a scientific study in which participants are advised 

of potential risks and benefits; and, not less than 60 days after 

the date on which the Administrator of the United States Agency 

for International Development determines that there has been a 

violation of the requirements contained in paragraph (1), (2), (3), 

or (5) of this proviso, or a pattern or practice of violations of 

the requirements contained in paragraph (4) of this proviso, the 

Administrator shall submit to the Committees on Appropriations 

a report containing a description of such violation and the corrective 

action taken by the Agency: Provided further, That in awarding 

grants for natural family planning under section 104 of the Foreign 

Assistance Act of 1961 no applicant shall be discriminated against 

because of such applicant’s religious or conscientious commitment 

to offer only natural family planning; and, additionally, all such 

applicants shall comply with the requirements of the previous proviso: Provided further, That for purposes of this or any other Act 

authorizing or appropriating funds for foreign operations, export 

financing, and related programs, the term ‘‘motivate’’, as it relates 

to family planning assistance, shall not be construed to prohibit 

the provision, consistent with local law, of information or counseling 

about all pregnancy options: Provided further, That to the maximum 

extent feasible, taking into consideration cost, timely availability, 

and best health practices, funds appropriated in this Act or prior 

appropriations Acts that are made available for condom procurement shall be made available only for the procurement of condoms 

manufactured in the United States: Provided further, That information provided about the use of condoms as part of projects or 

activities that are funded from amounts appropriated by this Act 

shall be medically accurate and shall include the public health 

benefits and failure rates of such use. 

DEVELOPMENT ASSISTANCE

For necessary expenses to carry out the provisions of sections 

103, 105, 106, and sections 251 through 255, and chapter 10 of 

part I of the Foreign Assistance Act of 1961, $1,524,000,000, to 

remain available until September 30, 2007: Provided, That 

$214,000,000 should be allocated for trade capacity building, of 

which at least $20,000,000 shall be made available for labor and 

environmental capacity building activities relating to the free trade 
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agreement with the countries of Central America and the Dominican 

Republic: Provided further, That $365,000,000 should be allocated 

for basic education: Provided further, That of the funds appropriated 

under this heading and managed by the United States Agency 

for International Development Bureau of Democracy, Conflict, and 

Humanitarian Assistance, not less than $15,000,000 shall be made 

available only for programs to improve women’s leadership capacity 

in recipient countries: Provided further, That such funds may not 

be made available for construction: Provided further, That of the 

funds appropriated under this heading that are made available 

for assistance programs for displaced and orphaned children and 

victims of war, not to exceed $42,500, in addition to funds otherwise 

available for such purposes, may be used to monitor and provide 

oversight of such programs: Provided further, That funds appropriated under this heading should be made available for programs 

in sub-Saharan Africa to address sexual and gender-based violence: 

Provided further, That of the aggregate amount of the funds appropriated by this Act that are made available for agriculture and 

rural development programs, $30,000,000 should be made available 

for plant biotechnology research and development: Provided further, That not less than $2,300,000 should be made available for core 

support for the International Fertilizer Development Center: Provided further, That of the funds appropriated under this heading, not less than $20,000,000 should be made available for the American Schools and Hospitals Abroad program: Provided further, That 

of the funds appropriated under this heading, $10,000,000 may 

be made available for cooperative development programs within 

the Office of Private and Voluntary Cooperation: Provided further, That of the funds appropriated under this heading, $2,000,000 

shall be made available for construction and development programs 

in South Asia: Provided further, That funds should be made available for activities to reduce the incidence of child marriage in 

developing countries: Provided further, That of the funds appropriated under this heading, up to $20,000,000 should be made 

available to develop clean water treatment activities in developing 

countries: Provided further, That of the funds appropriated by this 

Act, not less than $200,000,000 shall be made available for drinking 

water supply projects and related activities, of which not less than 

$50,000,000 should be made available for programs in Africa. 

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

For necessary expenses to carry out the provisions of section 

491 of the Foreign Assistance Act of 1961 for international disaster 

relief, rehabilitation, and reconstruction assistance, $365,000,000, 

to remain available until expended, of which $20,000,000 should 

be for famine prevention and relief. 

TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation 

and reconstruction assistance pursuant to section 491 of the Foreign 

Assistance Act of 1961, $40,000,000, to remain available until 

expended, to support transition to democracy and to long-term 

development of countries in crisis: Provided, That such support 

may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, 

and foster the peaceful resolution of conflict: Provided further, That 
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the United States Agency for International Development shall 

submit a report to the Committees on Appropriations at least 5 

days prior to beginning a new program of assistance: Provided 

further, That if the President determines that is important to the 

national interests of the United States to provide transition assistance in excess of the amount appropriated under this heading, 

up to $15,000,000 of the funds appropriated by this Act to carry 

out the provisions of part I of the Foreign Assistance Act of 1961 

may be used for purposes of this heading and under the authorities 

applicable to funds appropriated under this heading: Provided further, That funds made available pursuant to the previous proviso 

shall be made available subject to prior consultation with the 

Committees on Appropriations. 

DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans and loan guarantees provided by 

the United States Agency for International Development, as authorized by sections 256 and 635 of the Foreign Assistance Act of 

1961, up to $21,000,000 may be derived by transfer from funds 

appropriated by this Act to carry out part I of such Act and under 

the heading ‘‘Assistance for Eastern Europe and the Baltic States’’: 

Provided, That such funds shall be made available only for micro 

and small enterprise programs, urban programs, and other programs which further the purposes of part I of the Act: Provided 

further, That such costs, including the cost of modifying such direct 

and guaranteed loans, shall be as defined in section 502 of the 

Congressional Budget Act of 1974, as amended: Provided further,

That funds made available by this paragraph may be used for 

the cost of modifying any such guaranteed loans under this Act 

or prior Acts, and funds used for such costs shall be subject to 

the regular notification procedures of the Committees on Appropriations: Provided further, That the provisions of section 107A(d) 

(relating to general provisions applicable to the Development Credit 

Authority) of the Foreign Assistance Act of 1961, as contained 

in section 306 of H.R. 1486 as reported by the House Committee 

on International Relations on May 9, 1997, shall be applicable 

to direct loans and loan guarantees provided under this heading: 

Provided further, That these funds are available to subsidize total 

loan principal, any portion of which is to be guaranteed, of up 

to $700,000,000. 

In addition, for administrative expenses to carry out credit 

programs administered by the United States Agency for International Development, $8,000,000, which may be transferred to 

and merged with the appropriation for Operating Expenses of the 

United States Agency for International Development: Provided,

That funds made available under this heading shall remain available until September 30, 2008. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the ‘‘Foreign Service Retirement and Disability 

Fund’’, as authorized by the Foreign Service Act of 1980, 

$41,700,000. 
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OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

For necessary expenses to carry out the provisions of section 

667 of the Foreign Assistance Act of 1961, $630,000,000, of which 

up to $25,000,000 may remain available until September 30, 2007: 

Provided, That none of the funds appropriated under this heading 

and under the heading ‘‘Capital Investment Fund’’ may be made 

available to finance the construction (including architect and 

engineering services), purchase, or long-term lease of offices for 

use by the United States Agency for International Development, 

unless the Administrator has identified such proposed construction 

(including architect and engineering services), purchase, or longterm lease of offices in a report submitted to the Committees 

on Appropriations at least 15 days prior to the obligation of these 

funds for such purposes: Provided further, That the previous proviso 

shall not apply where the total cost of construction (including 

architect and engineering services), purchase, or long-term lease 

of offices does not exceed $1,000,000: Provided further, That contracts or agreements entered into with funds appropriated under 

this heading may entail commitments for the expenditure of such 

funds through fiscal year 2007: Provided further, That none of 

the funds in this Act may be used to open a new overseas mission 

of the United States Agency for International Development without 

the prior written notification of the Committees on Appropriations: 

Provided further, That the authority of sections 610 and 109 of 

the Foreign Assistance Act of 1961 may be exercised by the Secretary of State to transfer funds appropriated to carry out chapter 

1 of part I of such Act to ‘‘Operating Expenses of the United 

States Agency for International Development’’ in accordance with 

the provisions of those sections. 

CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related 

costs, and for the procurement and enhancement of information 

technology and related capital investments, pursuant to section 

667 of the Foreign Assistance Act of 1961, $70,000,000, to remain 

available until expended: Provided, That this amount is in addition 

to funds otherwise available for such purposes: Provided further,

That funds appropriated under this heading shall be available 

for obligation only pursuant to the regular notification procedures 

of the Committees on Appropriations: Provided further, That of 

the funds appropriated under this heading, not to exceed 

$48,100,000 may be made available for the purposes of implementing the Capital Security Cost Sharing Program. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section 

667 of the Foreign Assistance Act of 1961, $36,000,000, to remain 

available until September 30, 2007, which sum shall be available 

for the Office of the Inspector General of the United States Agency 

for International Development. 
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OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapter 

4 of part II, $2,634,000,000, to remain available until September 

30, 2007: Provided, That of the funds appropriated under this 

heading, not less than $240,000,000 shall be available only for 

Israel, which sum shall be available on a grant basis as a cash 

transfer and shall be disbursed within 30 days of the enactment 

of this Act: Provided further, That not less than $495,000,000 shall 

be available only for Egypt, which sum shall be provided on a 

grant basis, and of which sum cash transfer assistance shall be 

provided with the understanding that Egypt will undertake significant economic and political reforms which are additional to those 

which were undertaken in previous fiscal years: Provided further,

That with respect to the provision of assistance for Egypt for democracy and governance activities, the organizations implementing such 

assistance and the specific nature of that assistance shall not be 

subject to the prior approval by the Government of Egypt: Provided 

further, That of the funds appropriated under this heading for 

assistance for Egypt, not less than $135,000,000 shall be made 

available for project assistance, of which not less than $50,000,000 

shall be made available for democracy, human rights and governance programs and not less than $50,000,000 shall be used for 

education programs, of which not less than $5,000,000 shall be 

made available for scholarships for disadvantaged Egyptian students to attend American accredited institutions of higher education 

in Egypt: Provided further, That of the funds appropriated under 

this heading for assistance for Egypt for economic reform activities, 

$227,600,000 shall be withheld from obligation until the Secretary 

of State determines and reports to the Committees on Appropriations that Egypt has met the calendar year 2005 benchmarks accompanying the ‘‘Financial Sector Reform Memorandum of Understanding’’ dated March 20, 2005: Provided further, That $20,000,000 

of the funds appropriated under this heading should be made available for Cyprus to be used only for scholarships, administrative 

support of the scholarship program, bicommunal projects, and measures aimed at reunification of the island and designed to reduce 

tensions and promote peace and cooperation between the two 

communities on Cyprus: Provided further, That in exercising the 

authority to provide cash transfer assistance for Israel, the President shall ensure that the level of such assistance does not cause 

an adverse impact on the total level of nonmilitary exports from 

the United States to such country and that Israel enters into 

a side letter agreement in an amount proportional to the fiscal 

year 1999 agreement: Provided further, That of the funds appropriated under this heading, not less than $250,000,000 should be 

made available only for assistance for Jordan: Provided further,

That of the funds appropriated under this heading that are available 

for assistance for the West Bank and Gaza, not to exceed $2,000,000 

may be used for administrative expenses of the United States 

Agency for International Development, in addition to funds otherwise available for such purposes, to carry out programs in the 

West Bank and Gaza: Provided further, That not more than 
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$225,000,000 of the funds made available for assistance for Afghanistan under this heading may be obligated for such assistance until 

the Secretary of State certifies to the Committees on Appropriations 

that the Government of Afghanistan at both the national and local 

level is cooperating fully with United States funded poppy eradication and interdiction efforts in Afghanistan: Provided further,

That the President may waive the previous proviso if he determines 

and reports to the Committees on Appropriations that to do so 

is vital to the national security interests of the United States: 

Provided further, That such report shall include an analysis of 

the steps being taken by the Government of Afghanistan, at the 

national and local level, to cooperate fully with United States funded 

poppy eradication and interdiction efforts in Afghanistan: Provided 

further, That $40,000,000 of the funds appropriated under this 

heading shall be made available for assistance for Lebanon, of 

which not less than $6,000,000 should be made available for scholarships and direct support of American educational institutions in 

Lebanon: Provided further, That of the funds appropriated under 

this heading that are made available for assistance for Iraq, not 

less than $5,000,000 shall be transferred to and merged with funds 

appropriated under the heading ‘‘Iraq Relief and Reconstruction 

Fund’’ in chapter 2 of title II of Public Law 108–106 and shall 

be made available for the Marla Ruzicka Iraqi War Victims Fund: 

Provided further, That of the funds appropriated under this heading 

that are made available for assistance for Iraq, not less than 

$56,000,000 shall be made available for democracy, governance 

and rule of law programs in Iraq: Provided further, That of the 

funds appropriated under this heading, not less than $19,000,000 

shall be made available for assistance for the Democratic Republic 

of Timor-Leste, of which up to $1,000,000 may be available for 

administrative expenses of the United States Agency for International Development: Provided further, That notwithstanding any 

other provision of law, funds appropriated under this heading shall 

be made available for programs and activities for the Central Highlands of Vietnam: Provided further, That funds appropriated under 

this heading that are made available for a Middle East Financing 

Facility, Middle East Enterprise Fund, or any other similar entity 

in the Middle East shall be subject to the regular notification 

procedures of the Committees on Appropriations: Provided further,

That of funds appropriated under this heading, $13,000,000 should 

be made available for a United States contribution to the Special 

Court for Sierra Leone: Provided further, That with respect to 

funds appropriated under this heading in this Act or prior Acts 

making appropriations for foreign operations, export financing, and 

related programs, the responsibility for policy decisions and justifications for the use of such funds, including whether there will 

be a program for a country that uses those funds and the amount 

of each such program, shall be the responsibility of the Secretary 

of State and the Deputy Secretary of State and this responsibility 

shall not be delegated. 

INTERNATIONAL FUND FOR IRELAND

For necessary expenses to carry out the provisions of chapter 

4 of part II of the Foreign Assistance Act of 1961, $13,500,000, 

which shall be available for the United States contribution to the 

International Fund for Ireland and shall be made available in 
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accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415): Provided, That such amount 

shall be expended at the minimum rate necessary to make timely 

payment for projects and activities: Provided further, That funds 

made available under this heading shall remain available until 

September 30, 2007. 

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

(a) For necessary expenses to carry out the provisions of the 

Foreign Assistance Act of 1961 and the Support for East European 

Democracy (SEED) Act of 1989, $361,000,000, to remain available 

until September 30, 2007, which shall be available, notwithstanding 

any other provision of law, for assistance and for related programs 

for Eastern Europe and the Baltic States: Provided, That of the 

funds appropriated under this heading $5,000,000 should be made 

available for rule of law programs for the training of judges and 

prosecutors. 

(b) Funds appropriated under this heading shall be considered 

to be economic assistance under the Foreign Assistance Act of 

1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance. 

(c) The provisions of section 529 of this Act shall apply to 

funds appropriated under this heading: Provided, That notwithstanding any provision of this or any other Act, including provisions 

in this subsection regarding the application of section 529 of this 

Act, local currencies generated by, or converted from, funds appropriated by this Act and by previous appropriations Acts and made 

available for the economic revitalization program in Bosnia may 

be used in Eastern Europe and the Baltic States to carry out 

the provisions of the Foreign Assistance Act of 1961 and the Support 

for East European Democracy (SEED) Act of 1989. 

(d) The President is authorized to withhold funds appropriated 

under this heading made available for economic revitalization programs in Bosnia and Herzegovina, if he determines and certifies 

to the Committees on Appropriations that the Federation of Bosnia 

and Herzegovina has not complied with article III of annex 1–

A of the General Framework Agreement for Peace in Bosnia and 

Herzegovina concerning the withdrawal of foreign forces, and that 

intelligence cooperation on training, investigations, and related 

activities between state sponsors of terrorism and terrorist organizations and Bosnian officials has not been terminated. 

ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

(a) For necessary expenses to carry out the provisions of chapters 11 and 12 of part I of the Foreign Assistance Act of 1961 

and the FREEDOM Support Act, for assistance for the Independent 

States of the former Soviet Union and for related programs, 

$514,000,000, to remain available until September 30, 2007: Provided, That the provisions of such chapters shall apply to funds 

appropriated by this paragraph: Provided further, That funds made 

available for the Southern Caucasus region may be used, notwithstanding any other provision of law, for confidence-building measures and other activities in furtherance of the peaceful resolution 

of the regional conflicts, especially those in the vicinity of Abkhazia 

and Nagorno-Karabagh: Provided further, That notwithstanding any 
H. R. 3057—12

other provision of law, funds appropriated under this heading in 

this Act or prior Acts making appropriations for foreign operations, 

export financing, and related programs, that are made available 

pursuant to the provisions of section 807 of Public Law 102–511 

shall be subject to a 6 percent ceiling on administrative expenses. 

(b) Of the funds appropriated under this heading, not less 

than $50,000,000 should be made available, in addition to funds 

otherwise available for such purposes, for assistance for child survival, environmental and reproductive health, and to combat HIV/

AIDS, tuberculosis and other infectious diseases, and for related 

activities. 

(c) Of the funds appropriated under this heading that are 

made available for assistance for Ukraine, not less than $5,000,000 

should be made available for nuclear reactor safety initiatives, 

and not less than $1,500,000 shall be made available for coal 

mine safety programs. 

(d) Of the funds appropriated under this heading, $2,500,000 

shall be made available for the Business Information Service for 

the Newly Independent States. 

(e)(1) Of the funds appropriated under this heading that are 

allocated for assistance for the Government of the Russian Federation, 60 percent shall be withheld from obligation until the President 

determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation—

(A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or 

equipment necessary to develop a nuclear reactor, related 

nuclear research facilities or programs, or ballistic missile capability; and 

(B) is providing full access to international non-government 

organizations providing humanitarian relief to refugees and 

internally displaced persons in Chechnya. 

(2) Paragraph (1) shall not apply to—

(A) assistance to combat infectious diseases, child survival 

activities, or assistance for victims of trafficking in persons; 

and 

(B) activities authorized under title V (Nonproliferation 

and Disarmament Programs and Activities) of the FREEDOM 

Support Act. 

(f) Section 907 of the FREEDOM Support Act shall not apply 

to—

(1) activities to support democracy or assistance under 

title V of the FREEDOM Support Act and section 1424 of 

Public Law 104–201 or non-proliferation assistance; 

(2) any assistance provided by the Trade and Development 

Agency under section 661 of the Foreign Assistance Act of 

1961 (22 U.S.C. 2421); 

(3) any activity carried out by a member of the United 

States and Foreign Commercial Service while acting within 

his or her official capacity; 

(4) any insurance, reinsurance, guarantee or other assistance provided by the Overseas Private Investment Corporation 

under title IV of chapter 2 of part I of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2191 et seq.); 

(5) any financing provided under the Export-Import Bank 

Act of 1945; or 

(6) humanitarian assistance. 
H. R. 3057—13

INDEPENDENT AGENCIES

INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section 

401 of the Foreign Assistance Act of 1969, $19,500,000, to remain 

available until September 30, 2007. 

AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the International 

Security and Development Cooperation Act of 1980, Public Law 

96–533, $23,000,000, to remain available until September 30, 2007: 

Provided, That funds made available to grantees may be invested 

pending expenditure for project purposes when authorized by the 

board of directors of the Foundation: Provided further, That interest 

earned shall be used only for the purposes for which the grant 

was made: Provided further, That notwithstanding section 505(a)(2) 

of the African Development Foundation Act, in exceptional circumstances the board of directors of the Foundation may waive 

the $250,000 limitation contained in that section with respect to 

a project: Provided further, That the Foundation shall provide a 

report to the Committees on Appropriations after each time such 

waiver authority is exercised. 

PEACE CORPS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of the Peace 

Corps Act (75 Stat. 612), including the purchase of not to exceed 

five passenger motor vehicles for administrative purposes for use 

outside of the United States, $322,000,000, to remain available 

until September 30, 2007: Provided, That none of the funds appropriated under this heading shall be used to pay for abortions: 

Provided further, That the Director may transfer to the Foreign 

Currency Fluctuations Account, as authorized by 22 U.S.C. 2515, 

an amount not to exceed $2,000,000: Provided further, That funds 

transferred pursuant to the previous proviso may not be derived 

from amounts made available for Peace Corps overseas operations. 

MILLENNIUM CHALLENGE CORPORATION

For necessary expenses for the ‘‘Millennium Challenge Corporation’’, $1,770,000,000 to remain available until expended: Provided,

That of the funds appropriated under this heading, up to 

$75,000,000 may be available for administrative expenses of the 

Millennium Challenge Corporation: Provided further, That up to 

10 percent of the funds appropriated under this heading may be 

made available to carry out the purposes of section 616 of the 

Millennium Challenge Act of 2003 for candidate countries for fiscal 

year 2006: Provided further, That none of the funds available to 

carry out section 616 of such Act may be made available until 

the Chief Executive Officer of the Millennium Challenge Corporation provides a report to the Committees on Appropriations listing 

the candidate countries that will be receiving assistance under 

section 616 of such Act, the level of assistance proposed for each 

such country, a description of the proposed programs, projects and 
H. R. 3057—14

activities, and the implementing agency or agencies of the United 

States Government: Provided further, That section 605(e)(4) of the 

Millennium Challenge Act of 2003 shall apply to funds appropriated 

under this heading: Provided further, That funds appropriated 

under this heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the Millennium Challenge Act of 2003 only if such Compact obligates, or 

contains a commitment to obligate subject to the availability of 

funds and the mutual agreement of the parties to the Compact 

to proceed, the entire amount of the United States Government 

funding anticipated for the duration of the Compact. 

DEPARTMENT OF STATE

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, $1,995,000,000, to remain 

available until expended, of which $200,000,000 shall be made 

available, notwithstanding any other provision of law, except for 

the United States Leadership Against HIV/AIDS, Tuberculosis and 

Malaria Act of 2003 (Public Law 108–25) for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and 

Malaria, and shall be expended at the minimum rate necessary 

to make timely payment for projects and activities. 

DEMOCRACY FUND

(a) For necessary expenses to carry out the provisions of the 

Foreign Assistance Act of 1961 for the promotion of democracy, 

governance, human rights, independent media, and the rule of 

law globally, $95,000,000, to remain available until September 30, 

2008: Provided, That funds appropriated under this heading shall 

be made available notwithstanding any other provision of law, 

and of such funds $63,200,000 shall be made available for the 

Human Rights and Democracy Fund of the Bureau of Democracy, 

Human Rights and Labor, Department of State, and not less than 

$15,250,000 shall be made available for the National Endowment 

for Democracy: Provided further, That funds appropriated under 

this heading are in addition to funds otherwise available for such 

purposes: Provided further, That funds made available by title 

II of this Act for purposes of this section for any contract, grant, 

or cooperative agreement (or any amendment to any contract, grant, 

or cooperative agreement) in excess of $10,000,000 shall be subject 

to the regular notification procedures of the Committees on Appropriations. 

(b) Funds appropriated in subsection (a) should be made available for assistance for Taiwan for the purposes of furthering political 

and legal reforms: Provided, That such funds shall only be made 

available to the extent that they are matched from sources other 

than the United States Government. 

(c) Funds appropriated in subsection (a) shall be made available 

for programs and activities to foster democracy, governance, human 

rights, civic education, women’s development, press freedom, and 

the rule of law in countries located outside the Middle East region 

with a significant Muslim population, and where such programs 

and activities would be important to United States efforts to respond 
H. R. 3057—15

to, deter, or prevent acts of international terrorism: Provided, That 

such funds should support new initiatives and activities in those 

countries: Provided further, That of the funds appropriated in sub- section (a) $5,000,000 shall be made available for continuing programs and activities that provide professional training for journalists. 

(d) Notwithstanding any other provision of law, funds appropriated by this Act may be made available for democracy, governance, human rights, and rule of law programs for Syria and Iran: 

Provided, That not less than $6,550,000 of the funds appropriated 

in subsection (a) shall be made available for programs and activities 

that support the advancement of democracy in Iran and Syria. 

(e) Funds made available for purposes of this section that 

are made available to the National Endowment for Democracy 

may be made available notwithstanding any other provision of 

law or regulation. 

(f) Funds made available pursuant to the authority of subsections (b), (c) and (d) shall be subject to the regular notification 

procedures of the Committees on Appropriations. 

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign 

Assistance Act of 1961, $477,200,000, to remain available until 

September 30, 2008: Provided, That during fiscal year 2006, the 

Department of State may also use the authority of section 608 

of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United 

States Government for the purpose of providing it to a foreign 

country under chapter 8 of part I of that Act subject to the regular 

notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall provide to the 

Committees on Appropriations not later than 45 days after the 

date of the enactment of this Act and prior to the initial obligation 

of funds appropriated under this heading, a report on the proposed 

uses of all funds under this heading on a country-by-country basis 

for each proposed program, project, or activity: Provided further,

That of the funds appropriated under this heading, not less than 

$16,000,000 shall be made available for training programs and 

activities of the International Law Enforcement Academies: Provided further, That $10,000,000 of the funds appropriated under 

this heading should be made available for demand reduction programs: Provided further, That of the funds appropriated under 

this heading, not more than $33,484,000 may be available for 

administrative expenses. 

ANDEAN COUNTERDRUG INITIATIVE

For necessary expenses to carry out section 481 of the Foreign 

Assistance Act of 1961 to support counterdrug activities in the 

Andean region of South America, $734,500,000, to remain available 

until September 30, 2008: Provided, That in fiscal year 2006, funds 

available to the Department of State for assistance to the Government of Colombia shall be available to support a unified campaign 

against narcotics trafficking, against activities by organizations designated as 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), and to 
H. R. 3057—16

take actions to protect human health and welfare in emergency 

circumstances, including undertaking rescue operations: Provided 

further, That this authority shall cease to be effective if the Secretary of State has credible evidence that the Colombian Armed 

Forces are not conducting vigorous operations to restore government 

authority and respect for human rights in areas under the effective 

control of paramilitary and guerrilla organizations: Provided further, That the President shall ensure that if any helicopter procured 

with funds under this heading is used to aid or abet the operations 

of any illegal self-defense group or illegal security cooperative, such 

helicopter shall be immediately returned to the United States: 

Provided further, That the Secretary of State, in consultation with 

the Administrator of the United States Agency for International 

Development, shall provide to the Committees on Appropriations 

not later than 45 days after the date of the enactment of this 

Act and prior to the initial obligation of funds appropriated under 

this heading, a report on the proposed uses of all funds under 

this heading on a country-by-country basis for each proposed program, project, or activity: Provided further, That funds made available in this Act for demobilization/reintegration of members of 

foreign terrorist organizations in Colombia shall be subject to prior 

consultation with, and the regular notification procedures of, the 

Committees on Appropriations: Provided further, That section 

482(b) of the Foreign Assistance Act of 1961 shall not apply to 

funds appropriated under this heading: Provided further, That 

assistance provided with funds appropriated under this heading 

that is made available notwithstanding section 482(b) of the Foreign 

Assistance Act of 1961 shall be made available subject to the 

regular notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this 

heading that are available for alternative development/institution 

building, not less than $228,772,000 shall be apportioned directly 

to the United States Agency for International Development 

including $131,232,000 for assistance for Colombia: Provided further, That with respect to funds apportioned to the United States 

Agency for International Development under the previous proviso, 

the responsibility for policy decisions for the use of such funds, 

including what activities will be funded and the amount of funds 

that will be provided for each of those activities, shall be the 

responsibility of the Administrator of the United States Agency 

for International Development in consultation with the Assistant 

Secretary of State for International Narcotics and Law Enforcement 

Affairs: Provided further, That of the funds appropriated under 

this heading, in addition to funds made available for judicial reform 

programs in Colomia, not less than $8,000,000 shall be made available to the United States Agency for International Development 

for organizations and programs to protect human rights: Provided 

further, That not more than 20 percent of the funds appropriated 

by this Act that are used for the procurement of chemicals for 

aerial coca and poppy fumigation programs may be made available 

for such programs unless the Secretary of State certifies to the 

Committees on Appropriations that: (1) the herbicide is being used 

in accordance with EPA label requirements for comparable use 

in the United States and with Colombian laws; and (2) the herbicide, 

in the manner it is being used, does not pose unreasonable risks 

or adverse effects to humans or the environment including endemic 
H. R. 3057—17

species: Provided further, That such funds may not be made available unless the Secretary of State certifies to the Committees on 

Appropriations that complaints of harm to health or licit crops 

caused by such fumigation are evaluated and fair compensation 

is being paid for meritorious claims: Provided further, That such 

funds may not be made available for such purposes unless programs 

are being implemented by the United States Agency for International Development, the Government of Colombia, or other 

organizations, in consultation with local communities, to provide 

alternative sources of income in areas where security permits for 

small-acreage growers whose illicit crops are targeted for fumigation: Provided further, That of the funds appropriated under this heading, not less than $2,000,000 should be made available for 

programs to protect biodiversity and indigenous reserves in 

Colombia: Provided further, That funds appropriated by this Act 

may be used for aerial fumigation in Colombia’s national parks 

or reserves only if the Secretary of State determines that it is 

in accordance with Colombian laws and that there are no effective 

alternatives to reduce drug cultivation in these areas: Provided 

further, That no United States Armed Forces personnel or United 

States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made 

available by this Act for Colombia: Provided further, That funds 

appropriated under this heading that are made available for assistance for the Bolivian military may be made available for such 

purposes only if the Secretary of State certifies that the Bolivian 

military is respecting human rights, and civilian judicial authorities 

are investigating and prosecuting, with the military’s cooperation, 

military personnel who have been implicated in gross violations 

of human rights: Provided further, That of the funds appropriated under this heading, not more than $19,015,000 may be available 

for administrative expenses of the Department of State, and not 

more than $7,800,000 may be available, in addition to amounts 

otherwise available for such purposes, for administrative expenses 

of the United States Agency for International Development. 

MIGRATION AND REFUGEE ASSISTANCE

For expenses, not otherwise provided for, necessary to enable 

the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross, assistance 

to refugees, including contributions to the International Organization for Migration and the United Nations High Commissioner 

for Refugees, and other activities to meet refugee and migration 

needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized 

by sections 5921 through 5925 of title 5, United States Code; 

purchase and hire of passenger motor vehicles; and services as 

authorized by section 3109 of title 5, United States Code, 

$791,000,000, to remain available until expended: Provided, That 

not more than $23,000,000 may be available for administrative 

expenses: Provided further, That not less than $40,000,000 of the 

funds made available under this heading shall be made available 

for refugees from the former Soviet Union and Eastern Europe 

and other refugees resettling in Israel: Provided further, That funds 

appropriated under this heading may be made available for a headquarters contribution to the International Committee of the Red 

Cross only if the Secretary of State determines (and so reports 
H. R. 3057—18

to the appropriate committees of Congress) that the Magen David 

Adom Society of Israel is not being denied participation in the 

activities of the International Red Cross and Red Crescent Movement: Provided further, That funds appropriated under this heading 

should be made available to develop effective responses to protracted 

refugee situations, including the development of programs to assist 

long-term refugee populations within and outside traditional camp 

settings that support refugees living or working in local communities such as integration of refugees into local schools and services, 

resource conservation projects and other projects designed to 

diminish conflict between refugee hosting communities and refugees, and encouraging dialogue among refugee hosting communities, 

the United Nations High Commissioner for Refugees, and international and nongovernmental refugee assistance organizations to 

promote the rights to which refugees are entitled under the Convention Relating to the Status of Refugees of July 28, 1951 and the 

Protocol Relating to the Status of Refugees, done at New York 

January 31, 1967. 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For necessary expenses to carry out the provisions of section 

2(c) of the Migration and Refugee Assistance Act of 1962, as 

amended (22 U.S.C. 2601(c)), $30,000,000, to remain available until 

expended. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $410,100,000, 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, That of this amount not to exceed 

$37,500,000, to remain available until expended, may be made 

available for the Nonproliferation and Disarmament Fund, notwithstanding any other provision of law, to promote bilateral and multilateral activities relating to nonproliferation and disarmament: Provided further, That such funds may also be used for such countries 

other than the Independent States of the former Soviet Union 

and international organizations when it is in the national security 

interest of the United States to do so: Provided further, That funds 

appropriated under this heading may be made available for the 

International Atomic Energy Agency only if the Secretary of State 

determines (and so reports to the Congress) that Israel is not 

being denied its right to participate in the activities of that Agency: 

Provided further, That of the funds made available for demining 
H. R. 3057—19

and related activities, not to exceed $705,000, in addition to funds 

otherwise available for such purposes, may be used for administrative expenses related to the operation and management of the 

demining program: Provided further, That funds appropriated under 

this heading that are available for ‘‘Anti-terrorism Assistance’’ and 

‘‘Export Control and Border Security’’ shall remain available until 

September 30, 2007. 

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $20,000,000, to remain 

available until September 30, 2008, which shall be available notwithstanding any other provision of law. 

DEBT RESTRUCTURING

For the cost, as defined in section 502 of the Congressional 

Budget Act of 1974, of modifying loans and loan guarantees, as 

the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling, 

reducing, or canceling amounts owed to the United States as a 

result of concessional loans made to eligible countries, pursuant 

to parts IV and V of the Foreign Assistance Act of 1961, of modifying 

concessional credit agreements with least developed countries, as 

authorized under section 411 of the Agricultural Trade Development 

and Assistance Act of 1954, as amended, of concessional loans, 

guarantees and credit agreements, as authorized under section 

572 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100–461), and of canceling amounts owed, as a result of loans or guarantees made 

pursuant to the Export-Import Bank Act of 1945, by countries 

that are eligible for debt reduction pursuant to title V of H.R. 

3425 as enacted into law by section 1000(a)(5) of Public Law 106–

113, $65,000,000, to remain available until September 30, 2008: 

Provided, That not less than $20,000,000 of the funds appropriated 

under this heading shall be made available to carry out the provisions of part V of the Foreign Assistance Act of 1961: Provided 

further, That amounts paid to the HIPC Trust Fund may be used 

only to fund debt reduction under the enhanced HIPC initiative 

by—

(1) the Inter-American Development Bank; 

(2) the African Development Fund; 

(3) the African Development Bank; and 

(4) the Central American Bank for Economic Integration: 

Provided further, That funds may not be paid to the HIPC Trust 

Fund for the benefit of any country if the Secretary of State has 

credible evidence that the government of such country is engaged 

in a consistent pattern of gross violations of internationally recognized human rights or in military or civil conflict that undermines 

its ability to develop and implement measures to alleviate poverty 

and to devote adequate human and financial resources to that 

end: Provided further, That on the basis of final appropriations, 

the Secretary of the Treasury shall consult with the Committees 

on Appropriations concerning which countries and international 
H. R. 3057—20

financial institutions are expected to benefit from a United States 

contribution to the HIPC Trust Fund during the fiscal year: Provided further, That the Secretary of the Treasury shall inform 

the Committees on Appropriations not less than 15 days in advance 

of the signature of an agreement by the United States to make 

payments to the HIPC Trust Fund of amounts for such countries 

and institutions: Provided further, That the Secretary of the 

Treasury may disburse funds designated for debt reduction through 

the HIPC Trust Fund only for the benefit of countries that—

(1) have committed, for a period of 24 months, not to 

accept new market-rate loans from the international financial 

institution receiving debt repayment as a result of such 

disbursement, other than loans made by such institutions to 

export-oriented commercial projects that generate foreign 

exchange which are generally referred to as ‘‘enclave’’ loans; 

and 

(2) have documented and demonstrated their commitment 

to redirect their budgetary resources from international debt 

repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those 

previously available for such purposes: 

Provided further, That any limitation of subsection (e) of section 

411 of the Agricultural Trade Development and Assistance Act 

of 1954 shall not apply to funds appropriated under this heading: 

Provided further, That none of the funds made available under 

this heading in this or any other appropriations Act shall be made 

available for Sudan or Burma unless the Secretary of the Treasury 

determines and notifies the Committees on Appropriations that 

a democratically elected government has taken office. 

TITLE III—MILITARY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section 

541 of the Foreign Assistance Act of 1961, $86,744,000, of which 

up to $3,000,000 may remain available until expended: Provided,

That the civilian personnel for whom military education and 

training may be provided under this heading may include civilians 

who are not members of a government whose participation would 

contribute to improved civil-military relations, civilian control of 

the military, or respect for human rights: Provided further, That 

funds appropriated under this heading for military education and 

training for Guatemala may only be available for expanded international military education and training, and funds made available 

for Haiti, the Democratic Republic of the Congo, and Nigeria may 

only be provided through the regular notification procedures of 

the Committees on Appropriations. 

FOREIGN MILITARY FINANCING PROGRAM

For expenses necessary for grants to enable the President to 

carry out the provisions of section 23 of the Arms Export Control 

Act, $4,500,000,000: Provided, That of the funds appropriated under 

this heading, not less than $2,280,000,000 shall be available for 

grants only for Israel, and not less than $1,300,000,000 shall be 
H. R. 3057—21

made available for grants only for Egypt: Provided further, That 

the funds appropriated by this paragraph for Israel shall be disbursed within 30 days of the enactment of this Act: Provided further,

That to the extent that the Government of Israel requests that 

funds be used for such purposes, grants made available for Israel 

by this paragraph shall, as agreed by Israel and the United States, 

be available for advanced weapons systems, of which not less than 

$595,000,000 shall be available for the procurement in Israel of 

defense articles and defense services, including research and 

development: Provided further, That of the funds appropriated by 

this paragraph, $210,000,000 shall be made available for assistance 

for Jordan: Provided further, That funds appropriated or otherwise 

made available by this paragraph shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control 

Act: Provided further, That funds made available under this paragraph shall be obligated upon apportionment in accordance with 

paragraph (5)(C) of title 31, United States Code, section 1501(a). 

None of the funds made available under this heading shall 

be available to finance the procurement of defense articles, defense 

services, or design and construction services that are not sold by 

the United States Government under the Arms Export Control 

Act unless the foreign country proposing to make such procurements 

has first signed an agreement with the United States Government 

specifying the conditions under which such procurements may be 

financed with such funds: Provided, That all country and funding 

level increases in allocations shall be submitted through the regular 

notification procedures of section 515 of this Act: Provided further,

That none of the funds appropriated under this heading shall be 

available for assistance for Sudan and Guatemala: Provided further,

That none of the funds appropriated under this heading may be 

made available for assistance for Haiti except pursuant to the 

regular notification procedures of the Committees on Appropriations: Provided further, That funds made available under this 

heading may be used, notwithstanding any other provision of law, 

for demining, the clearance of unexploded ordnance, and related 

activities, and may include activities implemented through nongovernmental and international organizations: Provided further,

That only those countries for which assistance was justified for 

the ‘‘Foreign Military Sales Financing Program’’ in the fiscal year 

1989 congressional presentation for security assistance programs 

may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction 

services that are not sold by the United States Government under 

the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum 

rate necessary to make timely payment for defense articles and 

services: Provided further, That not more than $42,500,000 of the 

funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles 

for replacement only for use outside of the United States, for the 

general costs of administering military assistance and sales: Provided further, That not more than $373,000,000 of funds realized 

pursuant to section 21(e)(1)(A) of the Arms Export Control Act 

may be obligated for expenses incurred by the Department of 

Defense during fiscal year 2006 pursuant to section 43(b) of the 

Arms Export Control Act, except that this limitation may be 

exceeded only through the regular notification procedures of the 
H. R. 3057—22

Committees on Appropriations: Provided further, That foreign military financing program funds estimated to be outlayed for Egypt 

during fiscal year 2006 shall be transferred to an interest bearing 

account for Egypt in the Federal Reserve Bank of New York within 

30 days of enactment of this Act. 

PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section 

551 of the Foreign Assistance Act of 1961, $175,000,000: Provided,

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, $80,000,000 to the International Bank for Reconstruction 

and Development as trustee for the Global Environment Facility 

(GEF), by the Secretary of the Treasury, to remain available until 

expended. 

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by 

the Secretary of the Treasury, $950,000,000, to remain available 

until expended. 

CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE

AGENCY

For payment to the Multilateral Investment Guarantee Agency 

by the Secretary of the Treasury, $1,300,000, to remain available 

until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the Multilateral Investment 

Guarantee Agency may subscribe without fiscal year limitation 

to the callable capital portion of the United States share of such 

capital in an amount not to exceed $8,126,527. 

CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION

For payment to the Inter-American Investment Corporation 

by the Secretary of the Treasury, $1,741,515, to remain available 

until expended. 

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

MULTILATERAL INVESTMENT FUND

For payment to the Enterprise for the Americas Multilateral 

Investment Fund by the Secretary of the Treasury, for the United 

States contribution to the fund, $1,741,515, to remain available 

until expended. 
H. R. 3057—23

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the 

Treasury to the increase in resources of the Asian Development 

Fund, as authorized by the Asian Development Bank Act, as 

amended, $100,000,000, to remain available until expended. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

For payment to the African Development Bank by the Secretary 

of the Treasury, $3,638,000, for the United States paid-in share 

of the increase in capital stock, to remain available until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the African Development Bank 

may subscribe without fiscal year limitation for the callable capital 

portion of the United States share of such capital stock in an 

amount not to exceed $88,333,855. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the 

Treasury to the increase in resources of the African Development 

Fund, $135,700,000, to remain available until expended. 

CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND

DEVELOPMENT

For payment to the European Bank for Reconstruction and 

Development by the Secretary of the Treasury, $1,015,677 for the 

United States share of the paid-in portion of the increase in capital 

stock, to remain available until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the European Bank for 

Reconstruction and Development may subscribe without fiscal year 

limitation to the callable capital portion of the United States share 

of such capital stock in an amount not to exceed $2,249,888. 

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

For the United States contribution by the Secretary of the 

Treasury to increase the resources of the International Fund for 

Agricultural Development, $15,000,000, to remain available until 

expended. 

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, 

$329,458,000: Provided, That none of the funds appropriated under 

this heading may be made available to the International Atomic 

Energy Agency (IAEA). 
H. R. 3057—24

TITLE V—GENERAL PROVISIONS 

COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO

INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 501. (a) No funds appropriated by this Act may be made 

as payment to any international financial institution while the 

United States Executive Director to such institution is compensated 

by the institution at a rate which, together with whatever compensation such Director receives from the United States, is in 

excess of the rate provided for an individual occupying a position 

at level IV of the Executive Schedule under section 5315 of title 

5, United States Code, or while any alternate United States Director 

to such institution is compensated by the institution at a rate 

in excess of the rate provided for an individual occupying a position 

at level V of the Executive Schedule under section 5316 of title 

5, United States Code. 

(b) For purposes of this section ‘‘international financial institutions’’ are: the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development 

Bank, the African Development Fund, the International Monetary 

Fund, the North American Development Bank, and the European 

Bank for Reconstruction and Development. 

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. 

LIMITATION ON RESIDENCE EXPENSES

SEC. 503. Of the funds appropriated or made available pursuant 

to this Act, not to exceed $100,500 shall be for official residence 

expenses of the United States Agency for International Development 

during the current fiscal year: Provided, That appropriate steps 

shall be taken to assure that, to the maximum extent possible, 

United States-owned foreign currencies are utilized in lieu of dollars. 

UNOBLIGATED BALANCES REPORT

SEC. 504. Any Department or Agency to which funds are appropriated or otherwise made available by this Act shall provide to 

the Committees on Appropriations a quarterly accounting by program, project, and activity of the funds received by such Department 

or Agency in this fiscal year or any previous fiscal year that remain 

unobligated and unexpended. 

LIMITATION ON REPRESENTATIONAL ALLOWANCES

SEC. 505. Of the funds appropriated or made available pursuant 

to this Act, not to exceed $250,000 shall be available for representation and entertainment allowances, of which not to exceed $2,500 

shall be available for entertainment allowances, for the United 
H. R. 3057—25

States Agency for International Development during the current 

fiscal year: Provided, That no such entertainment funds may be 

used for the purposes listed in section 548 of this Act: Provided 

further, That appropriate steps shall be taken to assure that, to 

the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars: Provided further, That of 

the funds made available by this Act for general costs of administering military assistance and sales under the heading ‘‘Foreign 

Military Financing Program’’, not to exceed $4,000 shall be available 

for entertainment expenses and not to exceed $130,000 shall be 

available for representation allowances: Provided further, That of 

the funds made available by this Act under the heading ‘‘International Military Education and Training’’, not to exceed $55,000 

shall be available for entertainment allowances: Provided further,

That of the funds made available by this Act for the Inter-American 

Foundation, not to exceed $2,000 shall be available for entertainment and representation allowances: Provided further, That of the 

funds made available by this Act for the Peace Corps, not to 

exceed a total of $4,000 shall be available for entertainment 

expenses: Provided further, That of the funds made available by 

this Act under the heading ‘‘Trade and Development Agency’’, not 

to exceed $4,000 shall be available for representation and entertainment allowances: Provided further, That of the funds made available 

by this Act under the heading ‘‘Millennium Challenge Corporation’’, 

not to exceed $115,000 shall be available for representation and 

entertainment allowances. 

PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

SEC. 506. (a) PROHIBITION ON TAXATION.—None of the funds 

appropriated by this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is 

to be provided unless such agreement includes a provision stating 

that assistance provided by the United States shall be exempt 

from taxation, or reimbursed, by the foreign government, and the 

Secretary of State shall expeditiously seek to negotiate amendments 

to existing bilateral agreements, as necessary, to conform with 

this requirement. 

(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equivalent to 200 percent of the total taxes assessed during fiscal year 

2006 on funds appropriated by this Act by a foreign government 

or entity against commodities financed under United States assistance programs for which funds are appropriated by this Act, either 

directly or through grantees, contractors and subcontractors shall 

be withheld from obligation from funds appropriated for assistance 

for fiscal year 2007 and allocated for the central government of 

such country and for the West Bank and Gaza Program to the 

extent that the Secretary of State certifies and reports in writing 

to the Committees on Appropriations that such taxes have not 

been reimbursed to the Government of the United States. 

(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis 

nature shall not be subject to the provisions of subsection (b). 

(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each country or entity pursuant to subsection (b) shall 

be reprogrammed for assistance to countries which do not assess 

taxes on United States assistance or which have an effective 
H. R. 3057—26

arrangement that is providing substantial reimbursement of such 

taxes. 

(e) DETERMINATIONS.—

(1) The provisions of this section shall not apply to any 

country or entity the Secretary of State determines—

(A) does not assess taxes on United States assistance 

or which has an effective arrangement that is providing 

substantial reimbursement of such taxes; or 

(B) the foreign policy interests of the United States 

outweigh the policy of this section to ensure that United 

States assistance is not subject to taxation. 

(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising 

the authority of this subsection with regard to any country 

or entity. 

(f) IMPLEMENTATION.—The Secretary of State shall issue rules, 

regulations, or policy guidance, as appropriate, to implement the 

prohibition against the taxation of assistance contained in this 

section. 

(g) DEFINITIONS.—As used in this section—

(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added 

taxes and customs duties imposed on commodities financed 

with United States assistance for programs for which funds 

are appropriated by this Act; and 

(2) the term ‘‘bilateral agreement’’ refers to a framework 

bilateral agreement between the Government of the United 

States and the government of the country receiving assistance 

that describes the privileges and immunities applicable to 

United States foreign assistance for such country generally, 

or an individual agreement between the Government of the 

United States and such government that describes, among other 

things, the treatment for tax purposes that will be accorded 

the United States assistance provided under that agreement. 

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: Provided further, That for purposes of this section, 

the prohibition shall not include activities of the Overseas Private 

Investment Corporation in Libya: Provided further, That the 

prohibition shall not include direct loans, credits, insurance and 

guarantees made available by the Export-Import Bank or its agents 

for or in Libya. 

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 military 

coup or decree: Provided, That assistance may be resumed to such 
H. R. 3057—27

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. 

TRANSFERS

SEC. 509. (a)(1) LIMITATION ON TRANSFERS BETWEEN AGEN- CIES.—None of the funds made available by this Act may be transferred to any department, agency, or instrumentality of the United 

States Government, except pursuant to a transfer made by, or 

transfer authority provided in, this Act or any other appropriation 

Act. 

(2) Notwithstanding paragraph (1), in addition to transfers 

made by, or authorized elsewhere in, this Act, funds appropriated 

by this Act to carry out the purposes of the Foreign Assistance 

Act of 1961 may be allocated or transferred to agencies of the 

United States Government pursuant to the provisions of sections 

109, 610, and 632 of the Foreign Assistance Act of 1961. 

(b) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made 

available by this Act may be obligated under an appropriation 

account to which they were not appropriated, except for transfers 

specifically provided for in this Act, unless the President, not less 

than 5 days prior to the exercise of any authority contained in 

the Foreign Assistance Act of 1961 to transfer funds, consults 

with and provides a written policy justification to the Committees 

on Appropriations of the House of Representatives and the Senate. 

(c) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for 

the transfer or allocation of funds appropriated by this Act, or 

prior Acts, entered into between the United States Agency for 

International Development and another agency of the United States 

Government under the authority of section 632(a) of the Foreign 

Assistance Act of 1961 or any comparable provision of law, shall 

expressly provide that the Office of the Inspector General for the 

agency receiving the transfer or allocation of such funds shall 

perform periodic program and financial audits of the use of such 

funds: Provided, That funds transferred under such authority may 

be made available for the cost of such audits. 

COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 510. Notwithstanding any other provision of law, and 

subject to the regular notification procedures of the Committees 

on Appropriations, the authority of section 23(a) of the Arms Export 

Control Act may be used to provide financing to Israel, Egypt 

and NATO and major non-NATO allies for the procurement by 

leasing (including leasing with an option to purchase) of defense 

articles from United States commercial suppliers, not including 

Major Defense Equipment (other than helicopters and other types 

of aircraft having possible civilian application), if the President 

determines that there are compelling foreign policy or national 

security reasons for those defense articles being provided by 

commercial lease rather than by government-to-government sale 

under such Act. 
H. R. 3057—28

AVAILABILITY OF FUNDS

SEC. 511. No part of any appropriation contained in this Act 

shall remain available for obligation after the expiration of the 

current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapters 1, 

8, 11, and 12 of part I, section 667, chapters 4, 6, 8, and 9 of 

part II of the Foreign Assistance Act of 1961, section 23 of the 

Arms Export Control Act, and funds provided under the heading 

‘‘Assistance for Eastern Europe and the Baltic States’’, shall remain 

available for an additional 4 years from the date on which the 

availability of such funds would otherwise have expired, if such 

funds are initially obligated before the expiration of their respective 

periods of availability contained in this Act: Provided further, That, 

notwithstanding any other provision of this Act, any funds made 

available for the purposes of chapter 1 of part I and chapter 4 

of part II of the Foreign Assistance Act of 1961 which are allocated 

or obligated for cash disbursements in order to address balance 

of payments or economic policy reform objectives, shall remain 

available until expended. 

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 512. No part of any appropriation contained in this Act 

shall be used to furnish assistance to the government of any country 

which is in default during a period in excess of 1 calendar year 

in payment to the United States of principal or interest on any 

loan made to the government of such country by the United States 

pursuant to a program for which funds are appropriated under 

this Act unless the President determines, following consultations 

with the Committees on Appropriations, that assistance to such 

country is in the national interest of the United States. 

COMMERCE AND TRADE

SEC. 513. (a) None of the funds appropriated or made available 

pursuant to this Act for direct assistance and none of the funds 

otherwise made available pursuant to this Act to the Export-Import 

Bank and the Overseas Private Investment Corporation shall be 

obligated or expended to finance any loan, any assistance or any 

other financial commitments for establishing or expanding production of any commodity for export by any country other than the 

United States, if the commodity is likely to be in surplus on world 

markets at the time the resulting productive capacity is expected 

to become operative and if the assistance will cause substantial 

injury to United States producers of the same, similar, or competing 

commodity: Provided, That such prohibition shall not apply to the 

Export-Import Bank if in the judgment of its Board of Directors 

the benefits to industry and employment in the United States 

are likely to outweigh the injury to United States producers of 

the same, similar, or competing commodity, and the Chairman 

of the Board so notifies the Committees on Appropriations. 

(b) None of the funds appropriated by this or any other Act 

to carry out chapter 1 of part I of the Foreign Assistance Act 

of 1961 shall be available for any testing or breeding feasibility 

study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or 

production in a foreign country of an agricultural commodity for 
H. R. 3057—29

export which would compete with a similar commodity grown or 

produced in the United States: Provided, That this subsection shall 

not prohibit—

(1) activities designed to increase food security in developing countries where such activities will not have a significant 

impact on the export of agricultural commodities of the United 

States; or 

(2) research activities intended primarily to benefit American producers. 

SURPLUS COMMODITIES

SEC. 514. The Secretary of the Treasury shall instruct the 

United States Executive Directors of the International Bank for 

Reconstruction and Development, the International Development 

Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the 

Asian Development Bank, the Inter-American Investment Corporation, the North American Development Bank, the European Bank 

for Reconstruction and Development, the African Development 

Bank, and the African Development Fund to use the voice and 

vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to this 

Act, for the production or extraction of any commodity or mineral 

for export, if it is in surplus on world markets and if the assistance 

will cause substantial injury to United States producers of the 

same, similar, or competing commodity. 

NOTIFICATION REQUIREMENTS

SEC. 515. For the purposes of providing the executive branch 

with the necessary administrative flexibility, none of the funds 

made available under this Act for ‘‘Child Survival and Health 

Programs Fund’’, ‘‘Development Assistance’’, ‘‘International 

Organizations and Programs’’, ‘‘Trade and Development Agency’’, 

‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean 

Counterdrug Initiative’’, ‘‘Assistance for Eastern Europe and the 

Baltic States’’, ‘‘Assistance for the Independent States of the Former 

Soviet Union’’, ‘‘Economic Support Fund’’, ‘‘Global HIV/AIDS Initiative’’, ‘‘Democracy Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Capital 

Investment Fund’’, ‘‘Operating Expenses of the United States 

Agency for International Development’’, ‘‘Operating Expenses of 

the United States Agency for International Development Office 

of Inspector General’’, ‘‘Nonproliferation, Anti-terrorism, Demining 

and Related Programs’’, ‘‘Millennium Challenge Corporation’’ (by 

country only), ‘‘Foreign Military Financing Program’’, ‘‘International 

Military Education and Training’’, ‘‘Peace Corps’’, and ‘‘Migration 

and Refugee Assistance’’, shall be available for obligation for activities, programs, projects, type of materiel assistance, countries, or 

other operations not justified or in excess of the amount justified 

to the Committees on Appropriations for obligation under any of 

these specific headings unless the Committees on Appropriations 

of both Houses of Congress are previously notified 15 days in 

advance: Provided, That the President shall not enter into any 

commitment of funds appropriated for the purposes of section 23 

of the Arms Export Control Act for the provision of major defense 

equipment, other than conventional ammunition, or other major 

defense items defined to be aircraft, ships, missiles, or combat 
H. R. 3057—30

vehicles, not previously justified to Congress or 20 percent in excess 

of the quantities justified to Congress unless the Committees on 

Appropriations are notified 15 days in advance of such commitment: 

Provided further, That this section shall not apply to any reprogramming for an activity, program, or project for which funds are appropriated under title II of this Act of less than 10 percent of the 

amount previously justified to the Congress for obligation for such 

activity, program, or project for the current fiscal year: Provided 

further, That the requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring 

notification in accordance with the regular notification procedures 

of the Committees on Appropriations, may be waived if failure 

to do so would pose a substantial risk to human health or welfare: 

Provided further, That in case of any such waiver, notification 

to the Congress, or the appropriate congressional committees, shall 

be provided as early as practicable, but in no event later than 

3 days after taking the action to which such notification requirement 

was applicable, in the context of the circumstances necessitating 

such waiver: Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency 

circumstances. 

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL

ORGANIZATIONS AND PROGRAMS

SEC. 516. 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, 2007. 

INDEPENDENT STATES OF THE FORMER SOVIET UNION

SEC. 517. (a) None of the funds appropriated under the heading 

‘‘Assistance for the Independent States of the Former Soviet Union’’ 

shall be made available for assistance for a government of an 

Independent State of the former Soviet Union if that government 

directs any action in violation of the territorial integrity or national 

sovereignty of any other Independent State of the former Soviet 

Union, such as those violations included in the Helsinki Final 

Act: Provided, That such funds may be made available without 

regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the 

United States. 

(b) None of the funds appropriated under the heading ‘‘Assistance for the Independent States of the Former Soviet Union’’ shall 

be made available for any state to enhance its military capability: 

Provided, That this restriction does not apply to demilitarization, 

demining or nonproliferation programs. 

(c) Funds appropriated under the heading ‘‘Assistance for the 

Independent States of the Former Soviet Union’’ for the Russian 

Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject 

to the regular notification procedures of the Committees on Appropriations. 
H. R. 3057—31

(d) Funds made available in this Act for assistance for the 

Independent States of the former Soviet Union shall be subject 

to the provisions of section 117 (relating to environment and natural 

resources) of the Foreign Assistance Act of 1961. 

(e) In issuing new task orders, entering into contracts, or 

making grants, with funds appropriated in this Act or prior appropriations Acts under the heading ‘‘Assistance for the Independent 

States of the Former Soviet Union’’ and under comparable headings 

in prior appropriations Acts, for projects or activities that have 

as one of their primary purposes the fostering of private sector 

development, the Coordinator for United States Assistance to 

Europe and Eurasia and the implementing agency shall encourage 

the participation of and give significant weight to contractors and 

grantees who propose investing a significant amount of their own 

resources (including volunteer services and in-kind contributions) 

in such projects and activities. 

PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY

STERILIZATION

SEC. 518. None of the funds made available to carry out part 

I of the Foreign Assistance Act of 1961, as amended, may be 

used to pay for the performance of abortions as a method of family 

planning or to motivate or coerce any person to practice abortions. 

None of the funds made available to carry out part I of the Foreign 

Assistance Act of 1961, as amended, may be used to pay for the 

performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person 

to undergo sterilizations. None of the funds made available to 

carry out part I of the Foreign Assistance Act of 1961, as amended, 

may be used to pay for any biomedical research which relates 

in whole or in part, to methods of, or the performance of, abortions 

or involuntary sterilization as a means of family planning. None 

of the funds made available to carry out part I of the Foreign 

Assistance Act of 1961, as amended, may be obligated or expended 

for any country or organization if the President certifies that the 

use of these funds by any such country or organization would 

violate any of the above provisions related to abortions and involuntary sterilizations. 

EXPORT FINANCING TRANSFER AUTHORITIES

SEC. 519. Not to exceed 5 percent of any appropriation other 

than for administrative expenses made available for fiscal year 

2006, for programs under title I of this Act may be transferred 

between such appropriations for use for any of the purposes, programs, and activities for which the funds in such receiving account 

may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by 

any such transfer: Provided, That the exercise of such authority 

shall be subject to the regular notification procedures of the 

Committees on Appropriations. 

SPECIAL NOTIFICATION REQUIREMENTS

SEC. 520. None of the funds appropriated by this Act shall 

be obligated or expended for assistance for Liberia, Serbia, Sudan, 

Zimbabwe, Pakistan, or Cambodia except as provided through the 
H. R. 3057—32

regular notification procedures of the Committees on Appropriations. 

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 521. For the purpose of this Act ‘‘program, project, and 

activity’’ shall be defined at the appropriations Act account level 

and shall include all appropriations and authorizations Acts earmarks, ceilings, and limitations with the exception that for the 

following accounts: Economic Support Fund and Foreign Military 

Financing Program, ‘‘program, project, and activity’’ shall also be 

considered to include country, regional, and central program level 

funding within each such account; for the development assistance 

accounts of the United States Agency for International Development 

‘‘program, project, and activity’’ shall also be considered to include 

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 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 $440,000,000 

shall be made available for family planning/reproductive health: 

Provided further, That the Comptroller General of the United States 

shall conduct an audit on the use of funds appropriated for fiscal 

years 2004 and 2005 under the heading ‘‘Child Survival and Health 

Programs Fund’’, to include specific recommendations on improving 

the effectiveness of such funds. 
H. R. 3057—33

AFGHANISTAN

SEC. 523. Of the funds appropriated by titles II and III of 

this Act, not less than $931,400,000 should be made available 

for humanitarian, reconstruction, and related assistance for 

Afghanistan: Provided, That of the funds made available pursuant 

to this section, not less than $3,000,000 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 allocated 

for assistance for Afghanistan from this Act and other Acts making 

appropriations for foreign operations, export financing, and related 

programs for fiscal year 2006, not less than $50,000,000 should 

be made available to support programs that directly address the 

needs of Afghan women and girls, of which not less than $7,500,000 

shall be made available for 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 of the funds made available pursuant 

to this section, not less than $2,000,000 should be made available 

for the Afghan Independent Human Rights Commission and for 

other Afghan human rights organizations. 

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 accordance 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. 

HIV/AIDS

SEC. 525. (a) Notwithstanding any other provision of this Act, 

20 percent of the funds that are appropriated by this Act for 

a contribution to support the Global Fund to Fight AIDS, Tuberculosis and Malaria (the ‘‘Global Fund’’) shall be withheld from 

obligation to the Global Fund until the Secretary of State certifies 

to the Committees on Appropriations that the Global Fund—

(1) has established clear progress indicators upon which 

to determine the release of incremental disbursements; 

(2) is releasing such incremental disbursements only if 

progress is being made based on those indicators; and 
H. R. 3057—34

(3) is providing support and oversight to country-level entities, such as country coordinating mechanisms, principal recipients, and local Fund agents, to enable them to fulfill their 

mandates. 

(b) The Secretary of State may waive subsection (a) if the 

Secretary determines and reports to the Committees on Appropriations that such waiver is important to the national interest of 

the United States. 

BURMA

SEC. 526. (a) The Secretary of the Treasury shall instruct 

the United States executive director to each appropriate international financial institution in which the United States participates, to oppose and vote against the extension by such institution 

of any loan or financial or technical assistance or any other utilization of funds of the respective bank to and for Burma. 

(b) Of the funds appropriated under the heading ‘‘Economic 

Support Fund’’, not less than $11,000,000 shall be made available 

to support democracy activities in Burma, along the Burma-Thailand border, for activities of Burmese student groups and other 

organizations located outside Burma, and for the purpose of supporting the provision of humanitarian assistance to displaced Burmese along Burma’s borders: Provided, That funds made available 

under this heading may be made available notwithstanding any 

other provision of law: Provided further, That in addition to assistance for Burmese refugees provided under the heading ‘‘Migration 

and Refugee Assistance’’ in this Act, not less than $3,000,000 shall 

be made available for assistance for community-based organizations 

operating in Thailand to provide food, medical and other humanitarian assistance to internally displaced persons in eastern Burma: 

Provided further, That funds made available under this section 

shall be subject to the regular notification procedures of the 

Committees on Appropriations. 

(c) The President shall include amounts expended by the Global 

Fund to Fight AIDS, Tuberculosis and Malaria to the State Peace 

and Development Council in Burma, directly or through groups 

and organizations affiliated with the Global Fund, in making determinations regarding the amount to be withheld by the United 

States from its contribution to the Global Fund pursuant to section 

202(d)(4)(A)(ii) of Public Law 108–25. 

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 
H. R. 3057—35

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. 

DEBT-FOR-DEVELOPMENT

SEC. 528. In order to enhance the continued participation of 

nongovernmental organizations in debt-for-development and debtfor-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, subject to the regular 

notification procedures of the Committees on Appropriations, any 

interest earned on such investment shall be used for the purpose 

for which the assistance 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 Administrator 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 currencies 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 pursuant to subsection (a)(2)(A) from the separate 

account established pursuant to subsection (a)(1) are used for 

the purposes agreed upon pursuant to subsection (a)(2). 
H. R. 3057—36

(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of assistance to a country under chapter 1 or 10 of 

part I or chapter 4 of part II (as the case may be), any 

unencumbered balances of funds which remain in a separate 

account established pursuant to subsection (a) shall be disposed 

of for such purposes as may be agreed to by the government 

of that country and the United States Government. 

(5) REPORTING REQUIREMENT.—The Administrator of the 

United States Agency for International Development shall 

report on an annual basis as part of the justification documents 

submitted to the Committees on Appropriations on the use 

of local currencies for the administrative requirements of the 

United States Government as authorized in subsection (a)(2)(B), 

and such report shall include the amount of local currency 

(and United States dollar equivalent) used and/or to be used 

for such purpose in each applicable country. 

(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—

(1) If assistance is made available to the government of 

a foreign country, under chapter 1 or 10 of part I or chapter 

4 of part II of the Foreign Assistance Act of 1961, as cash 

transfer assistance or as nonproject sector assistance, that 

country shall be required to maintain such funds in a separate 

account and not commingle them with any other funds. 

(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such 

funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this 

assistance including provisions which are referenced in the 

Joint Explanatory Statement of the Committee of Conference 

accompanying House Joint Resolution 648 (House Report No. 

98–1159). 

(3) NOTIFICATION.—At least 15 days prior to obligating 

any such cash transfer or nonproject sector assistance, the 

President shall submit a notification through the regular 

notification procedures of the Committees on Appropriations, 

which shall include a detailed description of how the funds 

proposed to be made available will be used, with a discussion 

of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic 

policy reforms that will be promoted by such assistance). 

(4) EXEMPTION.—Nonproject sector assistance funds may 

be exempt from the requirements of subsection (b)(1) only 

through the notification procedures of the Committees on 

Appropriations. 

ENTERPRISE FUND RESTRICTIONS

SEC. 530. (a) Prior to the distribution of any assets resulting 

from any liquidation, dissolution, or winding up of an Enterprise 

Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification 

procedures of the Committees on Appropriations, a plan for the 

distribution of the assets of the Enterprise Fund. 

(b) Funds made available by this Act for Enterprise Funds 

shall be expended at the minimum rate necessary to make timely 

payment for projects and activities. 
H. R. 3057—37

FINANCIAL MARKET ASSISTANCE IN TRANSITION COUNTRIES

SEC. 531. Of the funds appropriated by this Act under the 

headings ‘‘Trade and Development Agency’’, ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘International Affairs Technical Assistance’’, ‘‘Assistance for the Independent States of the Former Soviet Union’’, ‘‘Nonproliferation, 

Anti-terrorism, Demining and Related Programs’’, and ‘‘Assistance 

for Eastern Europe and Baltic States’’, not less than $40,000,000 

should be made available for building capital markets and financial 

systems in countries in transition. 

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION

AND AFRICAN DEVELOPMENT FOUNDATION

SEC. 532. Unless expressly provided to the contrary, provisions 

of this or any other Act, including provisions contained in prior 

Acts authorizing or making appropriations for foreign operations, 

export financing, and related programs, shall not be construed 

to prohibit activities authorized by or conducted under the Peace 

Corps Act, the Inter-American Foundation Act or the African 

Development Foundation Act. The agency shall promptly report 

to the Committees on Appropriations whenever it is conducting 

activities or is proposing to conduct activities in a country for 

which assistance is prohibited. 

IMPACT ON JOBS IN THE UNITED STATES

SEC. 533. None of the funds appropriated by this Act may 

be obligated or expended to provide—

(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing 

such an enterprise to relocate outside the United States if 

such incentive or inducement is likely to reduce the number 

of employees of such business enterprise in the United States 

because United States production is being replaced by such 

enterprise outside the United States; or 

(2) assistance for any program, project, or activity that 

contributes to the violation of internationally recognized 

workers rights, as defined in section 507(4) of the Trade Act 

of 1974, of workers in the recipient country, including any 

designated zone or area in that country: Provided, That the 

application of section 507(4)(D) and (E) of such Act should 

be commensurate with the level of development of the recipient 

country and sector, and shall not preclude assistance for the 

informal sector in such country, micro and small-scale enterprise, and smallholder agriculture. 

SPECIAL AUTHORITIES

SEC. 534. (a) AFGHANISTAN, IRAQ, PAKISTAN, LEBANON, MONTE- NEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED

BURMESE.—Funds appropriated by this Act that are made available 

for assistance for Afghanistan may be made available notwithstanding section 512 of this Act or any similar provision of law 

and section 660 of the Foreign Assistance Act of 1961, and funds 

appropriated in titles I and II of this Act that are made available 

for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war, 

displaced children, and displaced Burmese, and to assist victims 
H. R. 3057—38

of trafficking in persons and, subject to the regular notification 

procedures of the Committees on Appropriations, to combat such 

trafficking, may be made available notwithstanding any other provision of law. 

(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION

ACTIVITIES.—Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of 

the Foreign Assistance Act of 1961 may be used, notwithstanding 

any other provision of law, for the purpose of supporting tropical 

forestry and biodiversity conservation activities and energy programs aimed at reducing greenhouse gas emissions: Provided, That 

such assistance shall be subject to sections 116, 502B, and 620A 

of the Foreign Assistance Act of 1961. 

(c) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by 

this Act to carry out chapter 1 of part I, chapter 4 of part II, 

and section 667 of the Foreign Assistance Act of 1961, and title 

II of the Agricultural Trade Development and Assistance Act of 

1954, may be used by the United States Agency for International 

Development to employ up to 25 personal services contractors in 

the United States, notwithstanding any other provision of law, 

for the purpose of providing direct, interim support for new or 

expanded overseas programs and activities managed by the agency 

until permanent direct hire personnel are hired and trained: Provided, That not more than 10 of such contractors shall be assigned 

to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Agricultural Trade Development 

and Assistance Act of 1954, may be made available only for personal 

services contractors assigned to the Office of Food for Peace. 

(d)(1) WAIVER.—The President may waive the provisions of 

section 1003 of Public Law 100–204 if the President determines 

and certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that it is important to the national security interests of the United States. 

(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant 

to paragraph (1) shall be effective for no more than a period of 

6 months at a time and shall not apply beyond 12 months after 

the enactment of this Act. 

(e) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, the 

United States Agency for International Development may provide 

an exception to the fair opportunity process for placing task orders 

under such contracts when the order is placed with any category 

of small or small disadvantaged business. 

(f) VIETNAMESE REFUGEES.—Section 594(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations 

Act, 2005 (enacted as division D of Public Law 108–447; 118 Stat. 

3038) is amended by striking ‘‘and 2005’’ and inserting ‘‘through 

2007’’. 

(g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing 

assistance with funds appropriated by this Act under section 

660(b)(6) of the Foreign Assistance Act of 1961, support for a 

nation emerging from instability may be deemed to mean support 

for regional, district, municipal, or other sub-national entity 

emerging from instability, as well as a nation emerging from instability. 

(h) WORLD FOOD PROGRAM.—Of the funds managed by the 

Bureau for Democracy, Conflict, and Humanitarian Assistance of 
H. R. 3057—39

the United States Agency for International Development, from this 

or any other Act, not less than $10,000,000 shall be made available 

as a general contribution to the World Food Program, notwithstanding any other provision of law. 

(i) UNIVERSITY PROGRAMS.—Notwithstanding any other provision of law, of the funds appropriated under the heading ‘‘Development Assistance’’ in this Act, up to $5,000,000 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 made available 

pursuant to this authority shall be subject to the regular notification 

procedures of the Committees on Appropriations. 

(j) EXTENSION OF AUTHORITY.—

(1) With respect to funds appropriated by this Act that 

are available for assistance for Pakistan, the President may 

waive the prohibition on assistance contained in section 508 

of this Act subject to the requirements contained in section 

1(b) of Public Law 107–57, as amended, for a determination 

and certification, and consultation, by the President prior to 

the exercise of such waiver authority. 

(2) Section 512 of this Act and section 620(q) of the Foreign 

Assistance Act of 1961 shall not apply with respect to assistance 

for Pakistan from funds appropriated by this Act. 

(3) Notwithstanding the date contained in section 6 of 

Public Law 107–57, as amended, the provisions of sections 

2 and 4 of that Act shall remain in effect through the current 

fiscal year. 

(k) MIDDLE EAST FOUNDATION.—Of the funds appropriated by 

this Act under the heading ‘‘Economic Support Fund’’ that are 

available for the Middle East Partnership Initiative, up to 

$35,000,000 may be made available, including as an endowment, 

notwithstanding any other provision of law and following consultations with the Committees on Appropriations, to establish and 

operate a Middle East Foundation, or any other similar entity, 

whose purpose is to support democracy, governance, human rights, 

and the rule of law in the Middle East region: Provided, That 

such funds may be made available to the Foundation only to the 

extent that the Foundation has commitments from sources other 

than the United States Government to at least match the funds 

provided under the authority of this subsection: Provided further,

That provisions contained in section 201 of the Support for East 

European Democracy (SEED) Act of 1989 (excluding the authorizations of appropriations provided in subsection (b) of that section) 

shall be deemed to apply to any such foundation or similar entity 

referred to under this subsection, and to funds made available 

to such entity, in order to enable it to provide assistance for purposes of this section: Provided further, That prior to the initial 

obligation of funds for any such foundation or similar entity pursuant to the authorities of this subsection, other than for administrative support, the Secretary of State shall take steps to ensure, 

on an ongoing basis, that any such funds made available pursuant 

to such authorities are not provided to or through any individual 

or group that the management of the foundation or similar entity 

knows or has reason to believe, advocates, plans, sponsors, or otherwise engages in terrorist activities: Provided further, That section 

530 of this Act shall apply to any such foundation or similar 

entity established pursuant to this subsection: Provided further, 
H. R. 3057—40

That the authority of the Foundation, or any similar entity, to 

provide assistance shall cease to be effective on September 30, 

2010. 

(l) EXTENSION OF AUTHORITY.—(1) Section 21(h)(1)(A) of the 

Arms Export Control Act (22 U.S.C. 2761(h)(1)(A)) is amended 

by inserting after ‘‘North Atlantic Treaty Organization’’ the following: ‘‘or the Governments of Australia, New Zealand, Japan, 

or Israel’’. 

(2) Section 21(h)(2) of the Arms Export Control Act (22 

U.S.C. 2761(h)(2) is amended by striking ‘‘or to any member 

government that Organization if that Organization or member 

government’’ and inserting the following: ‘‘, to any member 

of that Organization, or to the Governments of Australia, New 

Zealand, Japan, or Israel if that Organization, member government, or the Governments of Australia, New Zealand, Japan, 

or Israel’’. 

(3) Section 541 of the Foreign Assistance Act of 1961 (22 

U.S.C. 2347) is amended—

(A) in the first sentence, by striking ‘‘The President’’ 

and inserting ‘‘(a) The President’’; and 

(B) by adding at the end the following new subsection: 

‘‘(b) The President shall seek reimbursement for military education and training furnished under this chapter from countries 

using assistance under section 23 of the Arms Export Control 

Act (22 U.S.C. 2763, relating to the Foreign Military Financing 

Program) to purchase such military education and training at a 

rate comparable to the rate charged to countries receiving grant 

assistance for military education and training under this chapter.’’. 

(m) EXTENSION OF AUTHORITY.—The Foreign Operations, 

Export Financing, and Related Programs Appropriations Act, 1990 

(Public Law 101–167) is amended—

(1) in section 599D (8 U.S.C. 1157 note)—

(A) in subsection (b)(3), by striking ‘‘and 2005’’ and 

inserting ‘‘2005, and 2006’’; and 

(B) in subsection (e), by striking ‘‘2005’’ each place 

it appears and inserting ‘‘2006’’; and 

(2) in section 599E (8 U.S.C. 1255 note) in subsection 

(b)(2), by striking ‘‘2005’’ and inserting ‘‘2006’’. 

ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 535. It is the sense of the Congress that—

(1) the Arab League boycott of Israel, and the secondary 

boycott of American firms that have commercial ties with Israel, 

is an impediment to peace in the region and to United States 

investment and trade in the Middle East and North Africa; 

(2) the Arab League boycott, which was regrettably 

reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; 

(3) all Arab League states should normalize relations with 

their neighbor Israel; 

(4) the President and the Secretary of State should continue 

to vigorously oppose the Arab League boycott of Israel and 

find concrete steps to demonstrate that opposition by, for 

example, taking into consideration the participation of any 

recipient country in the boycott when determining to sell 

weapons to said country; and 
H. R. 3057—41

(5) the President should report to Congress annually on 

specific steps being taken by the United States to encourage 

Arab League states to normalize their relations with Israel 

to bring about the termination of the Arab League boycott 

of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses 

from complying with the boycott and penalizing businesses 

that do comply. 

ELIGIBILITY FOR ASSISTANCE

SEC. 536. (a) ASSISTANCE THROUGH NONGOVERNMENTAL

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 appropriated by this Act to carry out 

the provisions of chapters 1, 10, 11, and 12 of part I and chapter 

4 of part II of the Foreign Assistance Act of 1961, and from funds 

appropriated under the heading ‘‘Assistance for Eastern Europe 

and the Baltic States’’: Provided, That before using the authority 

of this subsection to furnish assistance in support of programs 

of nongovernmental organizations, the President shall notify the 

Committees on Appropriations under the regular notification procedures of those committees, 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 subsection 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 2006, restrictions 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 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 

notification 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 Assistance 

Act of 1961 or any comparable provision of law prohibiting 

assistance to the government of a country that violates internationally recognized human rights. 

RESERVATIONS OF FUNDS

SEC. 537. (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 operation of any provision of this 

or any other Act: Provided, That any such reprogramming shall 

be subject to the regular notification procedures of the Committees 

on Appropriations: Provided further, That assistance that is 

reprogrammed pursuant to this subsection shall be made available 

under the same terms and conditions as originally provided. 
H. R. 3057—42

(b) In addition to the authority contained in subsection (a), 

the original period of availability of funds appropriated by this 

Act and administered by the United States Agency for International 

Development that are earmarked 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 

termination 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 availability: Provided,

That such earmarked funds that are continued available for an 

additional fiscal year shall be obligated only for the purpose of 

such earmark. 

CEILINGS AND EARMARKS

SEC. 538. 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 contained 

in any other Act shall not be applicable to funds appropriated 

by this Act. 

PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 539. 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 $25,000 

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. 540. 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 Assistance 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. 541. None of the funds appropriated or made available 

pursuant to this Act shall be available to a nongovernmental 

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. 

PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING

INTERNATIONAL TERRORISM

SEC. 542. (a) None of the funds appropriated or otherwise 

made available by this Act may be available to any foreign government which provides lethal military equipment to a country the 

government of which the Secretary of State has determined is 
H. R. 3057—43

a terrorist government for purposes of section 6(j) of the Export 

Administration Act of 1979. The prohibition under this section 

with respect to a foreign government shall terminate 12 months 

after that government ceases to provide such military equipment. 

This section applies 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 congressional committees a report with respect to the furnishing of such assistance. 

Any such report shall include a detailed explanation of the assistance to be provided, including the estimated dollar amount of such 

assistance, and an explanation of how the assistance furthers 

United States national interests. 

WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL

PROPERTY TAXES OWED BY FOREIGN COUNTRIES

SEC. 543. (a) Subject to subsection (c), of the funds appropriated 

by this Act that are made available for assistance for a foreign 

country, an amount equal to 110 percent of the total amount of 

the unpaid fully adjudicated parking fines and penalties and unpaid 

property taxes owed by the central government of such country 

shall be withheld from obligation for assistance for the central 

government of such country until the Secretary of State submits 

a certification to the appropriate congressional committees stating 

that such parking fines and penalties and unpaid property taxes 

are fully paid. 

(b) Funds withheld from obligation pursuant to subsection (a) 

may be made available for other programs or activities funded 

by this Act, after consultation with and subject to the regular 

notification procedures of the appropriate congressional committees, 

provided that no such funds shall be made available for assistance 

for the central government of a foreign country that has not paid 

the total amount of the fully adjudicated parking fines and penalties 

and unpaid property taxes owed by such country. 

(c) Subsection (a) shall not include amounts that have been 

withheld under any other provision of law. 

(d)(1) The Secretary of State may waive the requirements set 

forth in subsection (a) with respect to parking fines and penalties 

no sooner than 60 days from the date of enactment of this Act, 

or at any time with respect to a particular country, if the Secretary 

determines that it is in the national interests of the United States 

to do so. 

(2) The Secretary of State may waive the requirements set 

forth in subsection (a) with respect to the unpaid property taxes 

if the Secretary of State determines that it is in the national 

interests of the United States to do so. 

(e) Not later than 6 months after the initial exercise of the 

waiver authority in subsection (d), the Secretary of State, after 

consultations with the City of New York, shall submit a report 

to the Committees on Appropriations describing a strategy, 

including a timetable and steps currently being taken, to collect 

the parking fines and penalties and unpaid property taxes and 
H. R. 3057—44

interest owed by nations receiving foreign assistance under this 

Act. 

(f) In this section: 

(1) The term ‘‘appropriate congressional committees’’ means 

the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives. 

(2) The term ‘‘fully adjudicated’’ includes circumstances 

in which the person to whom the vehicle is registered—

(A)(i) has not responded to the parking violation summons; or 

(ii) has not followed the appropriate adjudication procedure to challenge the summons; and 

(B) the period of time for payment of or challenge 

to the summons has lapsed. 

(3) The term ‘‘parking fines and penalties’’ means parking 

fines and penalties—

(A) owed to—

(i) the District of Columbia; or 

(ii) New York, New York; and 

(B) incurred during the period April 1, 1997, through 

September 30, 2005. 

(4) The term ‘‘unpaid property taxes’’ means the amount 

of unpaid taxes and interest determined to be owed by a foreign 

country on real property in the District of Columbia or New 

York, New York in a court order or judgment entered against 

such country by a court of the United States or any State 

or subdivision thereof. 

LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND

GAZA

SEC. 544. None of the funds appropriated by this Act may 

be obligated for assistance for the Palestine Liberation Organization 

for the West Bank and Gaza unless the President has exercised 

the authority under section 604(a) of the Middle East Peace Facilitation Act of 1995 (title VI of Public Law 104–107) or any other 

legislation to suspend or make inapplicable section 307 of the Foreign Assistance Act of 1961 and that suspension is still in effect: 

Provided, That if the President fails to make the certification under 

section 604(b)(2) of the Middle East Peace Facilitation Act of 1995 

or to suspend the prohibition under other legislation, funds appropriated by this Act may not be obligated for assistance for the 

Palestine Liberation Organization for the West Bank and Gaza. 

WAR CRIMES TRIBUNALS DRAWDOWN

SEC. 545. 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 $30,000,000 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 
H. R. 3057—45

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. 546. 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. 

RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

SEC. 547. None of the funds appropriated by this Act may 

be obligated or expended to create in any part of Jerusalem a 

new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho 

or any successor Palestinian governing entity provided for in the 

Israel-PLO Declaration of Principles: Provided, That this restriction 

shall not apply to the acquisition of additional space for the existing 

Consulate General in Jerusalem: Provided further, That meetings 

between officers and employees of the United States and officials 

of the Palestinian Authority, or any successor Palestinian governing 

entity provided for in the Israel-PLO Declaration of Principles, 

for the purpose of conducting official United States Government 

business with such authority should continue to take place in locations other than Jerusalem. As has been true in the past, officers 

and employees of the United States Government may continue 

to meet in Jerusalem on other subjects with Palestinians (including 

those who now occupy positions in the Palestinian Authority), have 

social contacts, and have incidental discussions. 

PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

SEC. 548. None of the funds appropriated or otherwise made 

available by this Act under the heading ‘‘International Military 

Education and Training’’ or ‘‘Foreign Military Financing Program’’ 

for Informational Program activities or under the headings ‘‘Child 

Survival and Health Programs Fund’’, ‘‘Development Assistance’’, 

and ‘‘Economic Support Fund’’ may be obligated or expended to 

pay for—

(1) alcoholic beverages; or 

(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited 

to entrance fees at sporting events, theatrical and musical 

productions, and amusement parks. 
H. R. 3057—46

HAITI

SEC. 549. (a) Of the funds appropriated by this Act, the following amounts shall be made available for assistance for Haiti—

(1) $20,000,000 from ‘‘Child Survival and Health Programs 

Fund’’; 

(2) $30,000,000 from ‘‘Development Assistance’’; 

(3) $50,000,000 from ‘‘Economic Support Fund’’; 

(4) $15,000,000 from ‘‘International Narcotics Control and 

Law Enforcement’’; 

(5) $1,000,000 from ‘‘Foreign Military Financing Program’’; 

and 

(6) $215,000 from ‘‘International Military Education and 

Training’’. 

(b) The Government of Haiti shall be eligible to purchase 

defense articles and services under the Arms Export Control Act 

(22 U.S.C. 2751 et seq.), for the Coast Guard. 

(c) None of the funds made available in this Act under the 

heading ‘‘International Narcotics Control and Law Enforcement’’ 

may be used to transfer excess weapons, ammunition or other 

lethal property of an agency of the United States Government 

to the Government of Haiti for use by the Haitian National Police 

until the Secretary of State certifies to the Committees on Appropriations that: (1) the United Nations Mission in Haiti 

(MINUSTAH) has carried out the vetting of the senior levels of 

the Haitian National Police and has ensured that those credibly 

alleged to have committed serious crimes, including drug trafficking 

and human rights violations, have been suspended; and (2) the 

Transitional Haitian National Government is cooperating in a 

reform and restructuring plan for the Haitian National Police and 

the reform of the judicial system as called for in United Nations 

Security Council Resolution 1608 adopted on June 22, 2005. 

LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY

SEC. 550. (a) PROHIBITION OF FUNDS.—None 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 may be obligated 

or expended with respect to providing funds to the Palestinian 

Authority. 

(b) WAIVER.—The prohibition included in subsection (a) shall 

not apply if the President certifies in writing to the Speaker of 

the House of Representatives and the President pro tempore of 

the Senate that waiving such prohibition is important to the 

national security interests of the United States. 

(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant 

to subsection (b) shall be effective for no more than a period of 

6 months at a time and shall not apply beyond 12 months after 

the enactment of this Act. 

(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to 

the Committees on Appropriations detailing the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons 

and dismantle the terrorist infrastructure. The report shall also 

include a description of how funds will be spent and the accounting 

procedures in place to ensure that they are properly disbursed. 
H. R. 3057—47

LIMITATION ON ASSISTANCE TO SECURITY FORCES

SEC. 551. None of the funds made available by this Act may 

be provided to any unit of the security forces of a foreign country 

if the Secretary of State has credible evidence that such unit has 

committed gross violations of human rights, unless the Secretary 

determines and reports to the Committees on Appropriations that 

the government of such country is taking effective measures to 

bring the responsible members of the security forces unit to justice: 

Provided, That nothing in this section shall be construed to withhold 

funds made available by this Act from any unit of the security 

forces of a foreign country not credibly alleged to be involved in 

gross violations of human rights: Provided further, That in the 

event that funds are withheld from any unit pursuant to this 

section, the Secretary of State shall promptly inform the foreign 

government of the basis for such action and shall, to the maximum 

extent practicable, assist the foreign government in taking effective 

measures to bring the responsible members of the security forces 

to justice. 

FOREIGN MILITARY TRAINING REPORT

SEC. 552. The annual foreign military training report required 

by section 656 of the Foreign Assistance Act of 1961 shall be 

submitted by the Secretary of Defense and the Secretary of State 

to the Committees on Appropriations of the House of Representatives and the Senate by the date specified in that section. 

AUTHORIZATION REQUIREMENT

SEC. 553. Funds appropriated by this Act, except funds appropriated under the headings ‘‘Trade and Development Agency’’, 

‘‘Overseas Private Investment Corporation’’, and ‘‘Global HIV/AIDS 

Initiative’’, may be obligated and expended notwithstanding section 

10 of Public Law 91–672 and section 15 of the State Department 

Basic Authorities Act of 1956. 

CAMBODIA

SEC. 554. (a)(1) None of the funds appropriated by this Act 

may be made available for assistance for the Central Government 

of Cambodia. 

(2) Paragraph (1) shall not apply to assistance for basic education, reproductive and maternal and child health, cultural and 

historic preservation, programs for the prevention, treatment, and 

control of, and research on, HIV/AIDS, tuberculosis, malaria, polio 

and other infectious diseases, development and implementation of 

legislation and implementation of procedures on inter-country adoptions consistent with international standards, rule of law programs, 

counternarcotics programs, programs to combat human trafficking 

that are provided through nongovernmental organizations, anticorruption programs, and for the Ministry of Women and Veterans 

Affairs to combat human trafficking. 

(b) Notwithstanding any provision of this or any other Act, 

of the funds appropriated by this Act under the heading ‘‘Economic 

Support Fund’’, $15,000,000 shall be made available for activities 

to support democracy, the rule of law, and human rights, including 

assistance for democratic political parties in Cambodia. 
H. R. 3057—48

(c) Funds appropriated by this Act to carry out provisions 

of section 541 of the Foreign Assistance Act of 1961 may be made 

available notwithstanding subsection (a). 

PALESTINIAN STATEHOOD

SEC. 555. (a) LIMITATION ON ASSISTANCE.—None of the funds 

appropriated by this Act may be provided to support a Palestinian 

state unless the Secretary of State determines and certifies to 

the appropriate congressional committees that—

(1) a new leadership of a Palestinian governing entity 

has been democratically elected through credible and competitive elections; 

(2) the elected governing entity of a new Palestinian state—

(A) has demonstrated a firm commitment to peaceful 

co-existence with the State of Israel; 

(B) is taking appropriate measures to counter terrorism 

and terrorist financing in the West Bank and Gaza, 

including the dismantling of terrorist infrastructures; 

(C) is establishing a new Palestinian security entity 

that is cooperative with appropriate Israeli and other 

appropriate security organizations; and 

(3) the Palestinian Authority (or the governing body of 

a new Palestinian state) is working with other countries in 

the region to vigorously pursue efforts to establish a just, 

lasting, and comprehensive peace in the Middle East that will 

enable Israel and an independent Palestinian state to exist 

within the context of full and normal relationships, which 

should include—

(A) termination of all claims or states of belligerency; 

(B) respect for and acknowledgement of the sovereignty, territorial integrity, and political independence 

of every state in the area through measures including 

the establishment of demilitarized zones; 

(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; 

(D) freedom of navigation through international waterways in the area; and 

(E) a framework for achieving a just settlement of 

the refugee problem. 

(b) SENSE OF CONGRESS.—It is 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 for its citizens, and should enact other laws 

and regulations assuring transparent and accountable governance. 

(c) WAIVER.—The President may waive subsection (a) if he 

determines that it is vital to the national security interests of 

the United States to do so. 

(d) EXEMPTION.—The restriction in subsection (a) shall not 

apply to assistance intended to help reform the Palestinian 

Authority and affiliated institutions, or a newly-elected governing 

entity, in order to help meet the requirements of subsection (a), 

consistent with the provisions of section 550 of this Act (‘‘Limitation 

on Assistance to the Palestinian Authority’’). 
H. R. 3057—49

COLOMBIA

SEC. 556. (a) DETERMINATION AND CERTIFICATION REQUIRED.—

Funds appropriated by this Act that are available for assistance 

for the Colombian Armed Forces, may be made available as follows: 

(1) Up to 75 percent of such funds may be obligated prior 

to a determination and certification by the Secretary of State 

pursuant to paragraph (2). 

(2) Up to 12.5 percent of such funds may be obligated 

only after the Secretary of State certifies and reports to the 

appropriate congressional committees that: 

(A) The Commander General of the Colombian Armed 

Forces is suspending from the Armed Forces those members, of whatever rank who, according to the Minister 

of Defense or the Procuraduria General de la Nacion, have 

been credibly alleged to have committed gross violations 

of human rights, including extra-judicial killings, or to 

have aided or abetted paramilitary organizations. 

(B) The Colombian Government is vigorously investigating and prosecuting those members of the Colombian 

Armed Forces, of whatever rank, who have been credibly 

alleged to have committed gross violations of human rights, 

including extra-judicial killings, or to have aided or abetted 

paramilitary organizations, and is promptly punishing 

those members of the Colombian Armed Forces found to 

have committed such violations of human rights or to have 

aided or abetted paramilitary organizations. 

(C) The Colombian Armed Forces have made substantial progress in cooperating with civilian prosecutors and 

judicial authorities in such cases (including providing 

requested information, such as the identity of persons suspended from the Armed Forces and the nature and cause 

of the suspension, and access to witnesses, relevant military 

documents, and other requested information). 

(D) The Colombian Armed Forces have made substantial progress in severing links (including denying access 

to military intelligence, vehicles, and other equipment or 

supplies, and ceasing other forms of active or tacit cooperation) at the command, battalion, and brigade levels, with 

paramilitary organizations, especially in regions where 

these organizations have a significant presence. 

(E) The Colombian Government is dismantling paramilitary leadership and financial networks by arresting 

commanders and financial backers, especially in regions 

where these networks have a significant presence. 

(F) The Colombian Government is taking effective steps 

to ensure that the Colombian Armed Forces are not violating the land and property rights of Colombia’s indigenous communities. 

(3) The balance of such funds may be obligated after July 

31, 2006, if the Secretary of State certifies and reports to 

the appropriate congressional committees, after such date, that 

the Colombian Armed Forces are continuing to meet the conditions contained in paragraph (2) and are conducting vigorous 

operations to restore government authority and respect for 

human rights in areas under the effective control of paramilitary and guerrilla organizations. 
H. R. 3057—50

(b) CONGRESSIONAL NOTIFICATION.—Funds made available by 

this Act for the Colombian Armed Forces shall be subject to the 

regular notification procedures of the Committees on Appropriations. 

(c) CONSULTATIVE PROCESS.—Not later than 60 days after the 

date of enactment of this Act, and every 90 days thereafter until 

September 30, 2007, the Secretary of State shall consult with internationally recognized human rights organizations regarding 

progress in meeting the conditions contained in subsection (a). 

(d) DEFINITIONS.—In this section: 

(1) AIDED OR ABETTED.—The term ‘‘aided or abetted’’ means 

to provide any support to paramilitary groups, including taking 

actions which allow, facilitate, or otherwise foster the activities 

of such groups. 

(2) PARAMILITARY GROUPS.—The term ‘‘paramilitary 

groups’’ means illegal self-defense groups and illegal security 

cooperatives. 

ILLEGAL ARMED GROUPS

SEC. 557. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN

ILLEGAL ARMED GROUPS.—Subject to subsection (b), the Secretary 

of State shall not issue a visa to any alien who the Secretary 

determines, based on credible evidence—

(1) has willfully provided any support to the Revolutionary 

Armed Forces of Colombia (FARC), the National Liberation 

Army (ELN), or the United Self-Defense Forces of Colombia 

(AUC), including taking actions or failing to take actions which 

allow, facilitate, or otherwise foster the activities of such groups; 

or 

(2) has committed, ordered, incited, assisted, or otherwise 

participated in the commission of gross violations of human 

rights, including extra-judicial killings, in Colombia. 

(b) WAIVER.—Subsection (a) shall not apply if the Secretary 

of State determines and certifies to the appropriate congressional 

committees, on a case-by-case basis, that the issuance of a visa 

to the alien is necessary to support the peace process in Colombia 

or for urgent humanitarian reasons. 

PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING

CORPORATION

SEC. 558. None of the funds appropriated or otherwise made 

available by this Act may be used to provide equipment, technical 

support, consulting services, or any other form of assistance to 

the Palestinian Broadcasting Corporation. 

WEST BANK AND GAZA PROGRAM

SEC. 559. (a) OVERSIGHT.—For fiscal year 2006, 30 days prior 

to the initial obligation of funds for the bilateral West Bank and 

Gaza Program, the Secretary of State shall certify to the appropriate 

committees of Congress that procedures have been established to 

assure the Comptroller General of the United States will have 

access to appropriate United States financial information in order 

to review the uses of United States assistance for the Program 

funded under the heading ‘‘Economic Support Fund’’ for the West 

Bank and Gaza. 
H. R. 3057—51

(b) VETTING.—Prior to the obligation of funds appropriated 

by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall 

take all appropriate steps to ensure that such assistance is not 

provided to or through any individual, private or government entity, 

or educational institution that the Secretary knows or has reason 

to believe advocates, plans, sponsors, engages in, or has engaged 

in, terrorist activity. The Secretary of State shall, as appropriate, 

establish procedures specifying the steps to be taken in carrying 

out this subsection and shall terminate assistance to any individual, 

entity, or educational institution which he has determined to be 

involved in or advocating terrorist activity. 

(c) PROHIBITION.—None of the funds appropriated by this Act 

for assistance under the West Bank and Gaza program may be 

made available for the purpose of recognizing or otherwise honoring 

individuals who commit, or have committed, acts of terrorism. 

(d) AUDITS.— (1) The Administrator of the United States Agency for 

International Development shall ensure that Federal or nonFederal audits of all contractors and grantees, and significant 

subcontractors and subgrantees, under the West Bank and 

Gaza Program, are conducted at least on an annual basis 

to ensure, among other things, compliance with this section. 

(2) Of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ that are made available for assistance for the West Bank and Gaza, up to $1,000,000 may be 

used by the Office of the Inspector General of the United 

States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements 

of this subsection. Such funds are in addition to funds otherwise 

available for such purposes. 

(e) Subsequent to the certification specified in subsection (a), 

the Comptroller General of the United States shall conduct an 

audit and an investigation of the treatment, handling, and uses 

of all funds for the bilateral West Bank and Gaza Program in 

fiscal year 2006 under the heading ‘‘Economic Support Fund’’. The 

audit shall address—

(1) the extent to which such Program complies with the 

requirements of subsections (b) and (c), and 

(2) an examination of all programs, projects, and activities 

carried out under such Program, including both obligations 

and expenditures. 

(f) Not later than 180 days after enactment of this Act, the 

Secretary of State shall submit a report to the Committees on 

Appropriations updating the report contained in section 2106 of 

chapter 2 of title II of Public Law 109–13. 

CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

SEC. 560. (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 2006, $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 

$22,500,000 shall be derived from funds appropriated under the 

heading ‘‘International Organizations and Programs’’. 
H. R. 3057—52

(b) AVAILABILITY OF FUNDS.—Funds appropriated under the 

heading ‘‘International Organizations and Programs’’ in this Act 

that are available for UNFPA, that are not made available for 

UNFPA because of the operation of any provision of law, shall 

be transferred to ‘‘Child Survival and Health Programs Fund’’ and 

shall be made available for family planning, maternal, and reproductive health activities, subject to the regular notification procedures of the Committees on Appropriations. 

(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 2006 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. 561. (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. 

(c) Not less than 10 days before any vote in an international 

financial institution regarding the extension of any new project 

involving financial or technical assistance or grants to any country 

or entity described in subsection (a), the Secretary of the Treasury, 

in consultation with the Secretary of State, shall provide to the 

Committees on Appropriations a written justification for the proposed assistance, including an explanation of the United States 

position regarding any such vote, as well as a description of the 
H. R. 3057—53

location of the proposed assistance by municipality, its purpose, 

and its intended beneficiaries. 

(d) In carrying out this section, the Secretary of State, the 

Administrator of the United States Agency for International 

Development, and the Secretary of the Treasury shall consult with 

representatives of human rights organizations and all government 

agencies with relevant information to help prevent indicted war 

criminals from benefiting from any financial or technical assistance 

or grants provided to any country or entity described in subsection 

(a). 

(e) The Secretary of State may waive the application of subsection (a) with respect to projects within a country, entity, or 

municipality upon a written determination to the Committees on 

Appropriations that such assistance directly supports the 

implementation of the Dayton Accords. 

(f) DEFINITIONS.—As used in this section: 

(1) COUNTRY.—The term ‘‘country’’ means Bosnia and 

Herzegovina, Croatia and Serbia. 

(2) ENTITY.—The term ‘‘entity’’ refers to the Federation 

of Bosnia and Herzegovina, Kosovo, Montenegro and the 

Republika Srpska. 

(3) MUNICIPALITY.—The term ‘‘municipality’’ means a city, 

town or other subdivision within a country or entity as defined 

herein. 

(4) DAYTON ACCORDS.—The term ‘‘Dayton Accords’’ means 

the General Framework Agreement for Peace in Bosnia and 

Herzegovina, together with annexes relating thereto, done at 

Dayton, November 10 through 16, 1995. 

USER FEES

SEC. 562. The Secretary of the Treasury shall instruct the 

United States Executive Director at each international financial 

institution (as defined in section 1701(c)(2) of the International 

Financial Institutions Act) and the International Monetary Fund 

to oppose any loan, grant, strategy or policy of these institutions 

that would require user fees or service charges on poor people 

for primary education or primary healthcare, including prevention 

and treatment efforts for HIV/AIDS, malaria, tuberculosis, and 

infant, child, and maternal well-being, in connection with the 

institutions’ financing programs. 

FUNDING FOR SERBIA

SEC. 563. (a) Funds appropriated by this Act may be made 

available for assistance for the central Government of Serbia after 

May 31, 2006, if the President has made the determination and 

certification contained in subsection (c). 

(b) After May 31, 2006, the Secretary of the Treasury should 

instruct the United States executive directors to the international 

financial institutions to support loans and assistance to the Government of Serbia and Montenegro subject to the conditions in subsection (c): Provided, That section 576 of the Foreign Operations, 

Export Financing, and Related Programs Appropriations Act, 1997, 

as amended, shall not apply to the provision of loans and assistance 

to the Government of Serbia and Montenegro through international 

financial institutions. 
H. R. 3057—54

(c) The determination and certification referred to in subsection 

(a) is a determination by the President and a certification to the 

Committees on Appropriations that the Government of Serbia and 

Montenegro is—

(1) cooperating with the International Criminal Tribunal 

for the former Yugoslavia including access for investigators, 

the provision of documents, and the surrender and transfer 

of indictees or assistance in their apprehension, including Ratko 

Mladic and Radovan Karadzic, unless the Secretary of State 

determines and reports to the Committees on Appropriations 

that these individuals are no longer residing in Serbia; 

(2) taking steps that are 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. 

(d) This section shall not apply to Montenegro, Kosovo, humanitarian assistance or assistance to promote democracy. 

COMMUNITY-BASED POLICE ASSISTANCE

SEC. 564. (a) AUTHORITY.—Funds made available by this Act 

to carry out the provisions of chapter 1 of part I and chapter 

4 of part II of the Foreign Assistance Act of 1961, may be used, 

notwithstanding section 660 of that Act, to enhance the effectiveness 

and accountability of civilian police authority through training and 

technical assistance in human rights, the rule of law, strategic 

planning, and through assistance to foster civilian police roles that 

support democratic governance including assistance for programs 

to prevent conflict, respond to disasters, address gender-based 

violence, and foster improved police relations with the communities 

they serve. 

(b) NOTIFICATION.—Assistance provided under subsection (a) 

shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 

SPECIAL DEBT RELIEF FOR THE POOREST

SEC. 565. (a) AUTHORITY TO REDUCE DEBT.—The President 

may reduce amounts owed to the United States (or any agency 

of the United States) by an eligible country as a result of—

(1) guarantees issued under sections 221 and 222 of the 

Foreign Assistance Act of 1961; 

(2) credits extended or guarantees issued under the Arms 

Export Control Act; or 

(3) any obligation or portion of such obligation, to pay 

for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit 

guarantee programs authorized pursuant to section 5(f) of the 

Commodity Credit Corporation Charter Act of June 29, 1948, 

as amended, section 4(b) of the Food for Peace Act of 1966, 

as amended (Public Law 89–808), or section 202 of the Agricultural Trade Act of 1978, as amended (Public Law 95–501). 

(b) LIMITATIONS.— (1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and 
H. R. 3057—55

referendum agreements, commonly referred to as ‘‘Paris Club 

Agreed Minutes’’. 

(2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided 

in advance by appropriations Acts. 

(3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens 

that are eligible to borrow from the International Development 

Association, but not from the International Bank for 

Reconstruction and Development, commonly referred to as 

‘‘IDA-only’’ countries. 

(c) CONDITIONS.—The authority provided by subsection (a) may 

be exercised only with respect to a country whose government—

(1) does not have an excessive level of military expenditures; 

(2) has not repeatedly provided support for acts of international terrorism; 

(3) is not failing to cooperate on international narcotics 

control matters; 

(4) (including its military or other security forces) does 

not engage in a consistent pattern of gross violations of internationally recognized human rights; and 

(5) is not ineligible for assistance because of the application 

of section 527 of the Foreign Relations Authorization Act, Fiscal 

Years 1994 and 1995. 

(d) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to the funds appropriated 

by this Act under the heading ‘‘Debt Restructuring’’. 

(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt 

pursuant to subsection (a) shall not be considered assistance for 

the purposes of any provision of law limiting assistance to a country. 

The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or 

section 321 of the International Development and Food Assistance 

Act of 1975. 

AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

SEC. 566. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CAN- CELLATION.—

(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN

LOANS.—Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible 

purchaser any concessional loan or portion thereof made before 

January 1, 1995, pursuant to the Foreign Assistance Act of 

1961, to the government of any eligible country as defined 

in section 702(6) of that Act or on receipt of payment from 

an eligible purchaser, reduce or cancel such loan or portion 

thereof, only for the purpose of facilitating—

(A) debt-for-equity swaps, debt-for-development swaps, 

or debt-for-nature swaps; or 

(B) a debt buyback by an eligible country of its own 

qualified debt, only if the eligible country uses an additional 

amount of the local currency of the eligible country, equal 

to not less than 40 percent of the price paid for such 

debt by such eligible country, or the difference between 

the price paid for such debt and the face value of such 

debt, to support activities that link conservation and 
H. R. 3057—56

sustainable use of natural resources with local community 

development, and child survival and other child development, in a manner consistent with sections 707 through 

710 of the Foreign Assistance Act of 1961, if the sale, 

reduction, or cancellation would not contravene any term 

or condition of any prior agreement relating to such loan. 

(2) TERMS AND CONDITIONS.—Notwithstanding any other 

provision of law, the President shall, in accordance with this 

section, establish the terms and conditions under which loans 

may be sold, reduced, or canceled pursuant to this section. 

(3) ADMINISTRATION.—The Facility, as defined in section 

702(8) of the Foreign Assistance Act of 1961, shall notify the 

administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and 

shall direct such agency to carry out the sale, reduction, or 

cancellation of a loan pursuant to this section. Such agency 

shall make adjustment in its accounts to reflect the sale, reduction, or cancellation. 

(4) LIMITATION.—The authorities of this subsection shall 

be available only to the extent that appropriations for the 

cost of the modification, as defined in section 502 of the 

Congressional Budget Act of 1974, are made in advance. 

(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant 

to this section shall be deposited in the United States Government 

account or accounts established for the repayment of such loan. 

(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to 

subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging 

in debt-for-equity swaps, debt-for-development swaps, or debt-fornature swaps. 

(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible 

purchaser, or any reduction or cancellation pursuant to this section, 

of any loan made to an eligible country, the President should 

consult with the country concerning the amount of loans to be 

sold, reduced, or canceled and their uses for debt-for-equity swaps, 

debt-for-development swaps, or debt-for-nature swaps. 

(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated 

by this Act under the heading ‘‘Debt Restructuring’’. 

BASIC EDUCATION

SEC. 567. Of the funds appropriated by title II of this Act, not less than $465,000,000 shall be made available for basic education, of which not less than $250,000 shall be provided to the 

Comptroller General of the United States to prepare an analysis 

of United States funded international basic education programs, 

which should be submitted to the Committees on Appropriations 

by May 1, 2006. 

RECONCILIATION PROGRAMS

SEC. 568. Of the funds appropriated under the heading ‘‘Eco- nomic Support Fund’’, not less than $15,000,000 should be made 

available to support reconciliation programs and activities which 
H. R. 3057—57

bring together individuals of different ethnic, religious, and political 

backgrounds from areas of civil conflict and war. 

SUDAN

SEC. 569. (a) AVAILABILITY OF FUNDS.—Of the funds appropriated under the heading ‘‘Development Assistance’’ up to 

$70,000,000 may be made available for assistance for Sudan, of 

which not to exceed $6,000,000 may be made available for administrative expenses of the United States Agency for International 

Development associated with assistance programs for Sudan. 

(b) LIMITATION ON ASSISTANCE.—Subject to subsection (c): 

(1) Notwithstanding section 501(a) of the International 

Malaria Control Act of 2000 (Public Law 106–570) or any 

other provision of law, none of the funds appropriated by this 

Act may be made available for assistance for the Government 

of Sudan. 

(2) None of the funds appropriated by this Act may be 

made available for the cost, as defined in section 502, of the 

Congressional Budget Act of 1974, of modifying loans and loan 

guarantees held by the Government of Sudan, including the 

cost of selling, reducing, or canceling amounts owed to the 

United States, and modifying concessional loans, guarantees, 

and credit agreements. 

(c) Subsection (b) shall not apply if the Secretary of State 

determines and certifies to the Committees on Appropriations that—

(1) the Government of Sudan has taken significant steps 

to disarm and disband government-supported militia groups 

in the Darfur region; 

(2) the Government of Sudan and all government-supported 

militia groups are honoring their commitments made in the 

cease-fire agreement of April 8, 2004; and 

(3) the Government of Sudan is allowing unimpeded access 

to Darfur to humanitarian aid organizations, the human rights 

investigation and humanitarian teams of the United Nations, 

including protection officers, and an international monitoring 

team that is based in Darfur and that has the support of 

the United States. 

(d) EXCEPTIONS.—The provisions of subsection (b) shall not 

apply to—

(1) humanitarian assistance; 

(2) assistance for Darfur and for areas outside the control 

of the Government of Sudan; and 

(3) assistance to support implementation of the Comprehensive Peace Agreement. 

(e) DEFINITIONS.—For the purposes of this Act and section 

501 of Public Law 106–570, the terms ‘‘Government of Sudan’’, 

‘‘areas outside of control of the Government of Sudan’’, and ‘‘area 

in Sudan outside of control of the Government of Sudan’’ shall 

have the same meaning and application as was the case immediately prior to June 5, 2004, and, Southern Kordofan/Nuba Mountains State, Blue Nile State and Abyei shall be deemed ‘‘areas 

outside of control of the Government of Sudan’’. 
H. R. 3057—58

TRADE CAPACITY BUILDING

SEC. 570. Of the funds appropriated by this Act, under the 

headings ‘‘Trade and Development Agency’’, ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘International Affairs Technical Assistance’’, and ‘‘International Organizations and Programs’’, not less than $522,000,000 should be made 

available for trade capacity building assistance: Provided, That 

$20,000,000 of the funds appropriated in this Act under the heading 

‘‘Economic Support Fund’’ shall be made available for labor and 

environmental capacity building activities relating to the free trade 

agreement with the countries of Central America and the Dominican 

Republic. 

EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN

COUNTRIES AND CERTAIN OTHER COUNTRIES

SEC. 571. Notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2006, 

funds available to the Department of Defense may be expended 

for crating, packing, handling, and transportation of excess defense 

articles transferred under the authority of section 516 of such 

Act to Albania, Afghanistan, Bulgaria, Croatia, Estonia, Former 

Yugoslavian Republic of Macedonia, Georgia, India, Iraq, 

Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, 

Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, Ukraine, 

and Uzbekistan. 

ZIMBABWE

SEC. 572. The Secretary of the Treasury shall instruct the 

United States executive director to each international financial 

institution to vote against any extension by the respective institution of any loans to the Government of Zimbabwe, except to meet 

basic human needs or to promote democracy, unless the Secretary 

of State determines and certifies to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including 

respect for ownership and title to property, freedom of speech and 

association. 

GENDER-BASED VIOLENCE

SEC. 573. Programs funded under titles II and III of this 

Act that provide training for foreign police, judicial, and military 

officials, shall include, where appropriate, programs and activities 

that address gender-based violence. 

LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN

FOREIGN GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL

CRIMINAL COURT

SEC. 574. (a) None of the funds made available in this Act 

in title II under the heading ‘‘Economic Support Fund’’ may be 

used to provide assistance to the government of a country that 

is a party to the International Criminal Court and has not entered 

into an agreement with the United States pursuant to Article 

98 of the Rome Statute preventing the International Criminal Court 

from proceeding against United States personnel present in such 

country. 
H. R. 3057—59

(b) The President may, with prior notice to Congress, waive 

the prohibition of subsection (a) with respect to a North Atlantic 

Treaty Organization (‘‘NATO’’) member country, a major non-NATO 

ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina, 

the Republic of Korea, and New Zealand), Taiwan, or such other 

country as he may determine if he determines and reports to 

the appropriate congressional committees that it is important to 

the national interests of the United States to waive such prohibition. 

(c) The President may, with prior notice to Congress, waive 

the prohibition of subsection (a) with respect to a particular country 

if he determines and reports to the appropriate congressional 

committees that such country has entered into an agreement with 

the United States pursuant to Article 98 of the Rome Statute 

preventing the International Criminal Court from proceeding 

against United States personnel present in such country. 

(d) The prohibition of this section shall not apply to countries 

otherwise eligible for assistance under the Millennium Challenge 

Act of 2003, notwithstanding section 606(a)(2)(B) of such Act. 

(e) Funds appropriated for fiscal year 2005 under the heading 

‘‘Economic Support Fund’’ may be made available for democracy 

and rule of law programs and activities, notwithstanding the provisions of section 574 of division D of Public Law 108–447. 

TIBET

SEC. 575. (a) The Secretary of the Treasury should instruct 

the United States executive director to each international financial 

institution to use the voice and vote of the United States to 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; are based on a thorough needs-assessment; foster 

self-sufficiency of the Tibetan people and respect Tibetan culture 

and traditions; and are subject to effective monitoring. 

(b) Notwithstanding any other provision of law, not less than 

$4,000,000 of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ should be made available to 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, and not less 

than $250,000 should be made available to the National Endowment 

for Democracy for human rights and democracy programs relating 

to Tibet. 

CENTRAL AMERICA

SEC. 576. (a) Of the funds appropriated by this Act under 

the headings ‘‘Child Survival and Health Programs Fund’’ and 

‘‘Development Assistance’’, not less than the amount of funds initially allocated pursuant to section 653(a) of the Foreign Assistance 

Act of 1961 for fiscal year 2005 should be made available for 

El Salvador, Guatemala, Nicaragua and Honduras. 

(b) In addition to the amounts requested under the heading 

‘‘Economic Support Fund’’ for assistance for Nicaragua and Guatemala in fiscal year 2006, not less than $1,500,000 should be made 

available for electoral assistance, media and civil society programs, 

and activities to combat corruption and strengthen democracy in 
H. R. 3057—60

Nicaragua, and not less than $1,500,000 should be made available 

for programs and activities to combat organized crime, crimes of 

violence specifically targeting women, and corruption in Guatemala. 

(c) Funds made available pursuant to subsection (b) shall be 

subject to prior consultation with the Committees on Appropriations. 

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

SEC. 577. (a) AUTHORITY.—Up to $75,000,000 of the funds made 

available in this Act 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 used by the United States Agency for International Development (USAID) to hire and employ individuals in the United States 

and overseas on a limited appointment basis pursuant to the 

authority of sections 308 and 309 of the Foreign Service Act of 

1980. 

(b) RESTRICTIONS.— (1) The number of individuals hired in any fiscal year 

pursuant to the authority contained in subsection (a) may not 

exceed 175. 

(2) The authority to hire individuals contained in subsection 

(a) shall expire on September 30, 2008. 

(c) CONDITIONS.—The authority of subsection (a) may only be 

used to the extent that an equivalent number of positions that 

are filled by personal services contractors or other nondirect-hire 

employees of USAID, who are compensated with funds appropriated 

to carry out part I of the Foreign Assistance Act of 1961, including 

funds appropriated under the heading ‘‘Assistance for Eastern 

Europe and the Baltic States’’, are eliminated. 

(d) PRIORITY SECTORS.—In exercising the authority of this section, primary emphasis shall be placed on enabling USAID to meet 

personnel positions in technical skill areas currently encumbered 

by contractor or other nondirect-hire personnel. 

(e) CONSULTATIONS.—The USAID Administrator shall consult 

with the Committees on Appropriations at least on a quarterly 

basis concerning the implementation of this section. 

(f) PROGRAM ACCOUNT CHARGED.—The account charged for the 

cost of an individual hired and employed under the authority of 

this section shall be the account to which such individual’s responsibilities primarily relate. Funds made available to carry out this 

section may be transferred to and merged and consolidated with 

funds appropriated for ‘‘Operating Expenses of the United States 

Agency for International Development’’. 

(g) MANAGEMENT REFORM PILOT.—Of the funds made available 

in subsection (a), USAID may use, in addition to funds otherwise 

available for such purposes, up to $10,000,000 to fund overseas 

support costs of members of the Foreign Service with a Foreign 

Service rank of four or below: Provided, That such authority is 

only used to reduce USAID’s reliance on overseas personal services 

contractors or other nondirect-hire employees compensated with 

funds appropriated to carry out part I of the Foreign Assistance 

Act of 1961, including funds appropriated under the heading ‘‘Assistance for Eastern Europe and the Baltic States’’. 
H. R. 3057—61

(h) DISASTER SURGE CAPACITY.—Funds appropriated by this 

Act to carry out 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 used, in addition 

to funds otherwise available for such purposes, for the cost 

(including the support costs) of individuals detailed to or employed 

by the United States Agency for International Development whose 

primary responsibility is to carry out programs in response to 

natural disasters. 

HIPC DEBT REDUCTION

SEC. 578. Section 501(b) of H.R. 3425, as enacted into law 

by section 1000(a)(5) of division B of Public Law 106–113 (113 

Stat. 1501A–311), is amended by adding at the end the following 

new paragraph: 

‘‘(5) The Act of March 11, 1941 (chapter 11; 55 Stat. 31; 

22 U.S.C. 411 et seq.; commonly known as the ‘Lend-Lease 

Act’).’’. 

OPIC TRANSFER AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

SEC. 579. Whenever the President determines that it is in 

furtherance of the purposes of the Foreign Assistance Act of 1961, 

up to a total of $20,000,000 of the funds appropriated under title 

II of this Act may be transferred to and merged with funds appropriated by this Act for the Overseas Private Investment Corporation 

Program Account, to be subject to the terms and conditions of 

that account: Provided, That such funds shall not be available 

for administrative expenses of the Overseas Private Investment 

Corporation: Provided further, That funds earmarked by this Act 

shall not be transferred pursuant to this section: Provided further, 

That the exercise of such authority shall be subject to the regular 

notification procedures of the Committees on Appropriations.

LIMITATION ON FUNDS RELATING TO ATTENDANCE OF FEDERAL EMPLOYEES AT CONFERENCES OCCURRING OUTSIDE THE UNITED

STATES

SEC. 580. None of the funds made available in this Act may 

be used to send or otherwise pay for the attendance of more than 

50 employees of agencies or departments of the United States 

Government who are stationed in the United States, at any single 

international conference occurring outside the United States, unless 

the Secretary of State determines that such attendance is in the 

national interest: Provided, That for purposes of this section the 

term ‘‘international conference’’ shall mean a conference attended 

by representatives of the United States Government and representatives of foreign governments, international organizations, or nongovernmental organizations. 

LIMITATION ON ASSISTANCE TO FOREIGN COUNTRIES THAT REFUSE TO

EXTRADITE TO THE UNITED STATES ANY INDIVIDUAL ACCUSED IN

THE UNITED STATES OF KILLING A LAW ENFORCEMENT OFFICER

SEC. 581. None of the funds made available in this Act for 

the Department of State may be used to provide assistance to 
H. R. 3057—62

the central government of a country which has notified the Department of State of its refusal to extradite to the United States any 

individual indicted in the United States for killing a law enforcement officer, as specified in a United States extradition request, 

unless the Secretary of State certifies to the Committees on Appropriations in writing that the application of the restriction to a 

country or countries is contrary to the national interest of the 

United States. 

PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI ARABIA

SEC. 582. None of the funds appropriated or otherwise made 

available pursuant to this Act shall be obligated or expended to 

finance any assistance to Saudi Arabia: Provided, That the President may waive the prohibition of this section if he certifies to 

the Committees on Appropriations, 15 days prior to the obligation 

of funds for assistance for Saudi Arabia, that Saudi Arabia is 

cooperating with efforts to combat international terrorism and that 

the proposed assistance will help facilitate that effort. 

GOVERNMENTS THAT HAVE FAILED TO PERMIT CERTAIN EXTRADITIONS

SEC. 583. None of the funds made available in this Act for 

the Department of State, other than funds provided under the 

heading ‘‘International Narcotics Control and Law Enforcement’’, 

may be used to provide assistance to the central government of 

a country with which the United States has an extradition treaty 

and which government has notified the Department of State of 

its refusal to extradite to the United States any individual indicted 

for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole, unless the Secretary of 

State certifies to the Committees on Appropriations in writing that 

the application of this restriction to a country or countries is contrary to the national interest of the United States. 

REPORTING REQUIREMENT

SEC. 584. The Secretary of State shall provide the Committees 

on Appropriations, not later than April 1, 2006, and for each fiscal 

quarter, a report in writing on the uses of funds made available 

under the headings ‘‘Foreign Military Financing Program’’, ‘‘International Military Education and Training’’, and ‘‘Peacekeeping 

Operations’’: Provided, That such report shall include a description 

of the obligation and expenditure of funds, and the specific country 

in receipt of, and the use or purpose of the assistance provided 

by such funds. 

ENVIRONMENT PROGRAMS

SEC. 585. (a) FUNDING.—Of the funds appropriated under the heading ‘‘Development Assistance’’, not less than $165,500,000 shall 

be made available for programs and activities which directly protect 

biodiversity, including forests, in developing countries, of which 

not less than $10,000,000 should be made available to implement 

the United States Agency for International Development’s biodiversity conservation strategy for the Amazon basin, which amount 

shall be in addition to the amounts requested for biodiversity activities in these countries in fiscal year 2006: Provided, That of the 

funds appropriated by this Act, not less than $17,500,000 should 
H. R. 3057—63

be made available for the Congo Basin Forest Partnership of which 

not less than $2,500,000 should be made available to the United 

States Fish and Wildlife Service for the protection of great apes 

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 clean energy and other climate change policies and 

programs in developing countries, of which $100,000,000 should 

be made available to directly promote and deploy energy conservation, energy efficiency, and renewable and clean energy technologies, 

and of which the balance should be made available to directly: 

(1) measure, monitor, and reduce greenhouse gas emissions; (2) 

increase carbon sequestration activities; and (3) enhance climate 

change mitigation and adaptation programs. 

(b) CLIMATE CHANGE REPORT.—Not later than 60 days after 

the date on which the President’s fiscal year 2007 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 2006, 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) all fiscal year 2005 obligations and estimated expenditures, fiscal year 2006 estimated expenditures and estimated 

obligations, and fiscal year 2007 requested funds by the United 

States Agency for International Development, by country and 

central program, for each of the following: (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. 

(c) EXTRACTION OF NATURAL RESOURCES.—

(1) The Secretary of the Treasury shall inform the managements of the international financial institutions and the public 

that it is the policy of the United States that any assistance 

by such institutions (including but not limited to any loan, 

credit, grant, or guarantee) 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 in place 

or is taking the necessary steps to establish functioning systems 

for: (A) accurately accounting for revenues and expenditures 

in connection with the extraction and export of the type of 

natural resource to be extracted or exported; (B) the independent auditing of such accounts and the widespread public 

dissemination of the audits; and (C) verifying government 

receipts against company payments including widespread 

dissemination of such payment information, and disclosing such 
H. R. 3057—64

documents as Host Government Agreements, Concession Agreements, and bidding documents, allowing in any such dissemination or disclosure for the redaction of, or exceptions for, information that is commercially proprietary or that would create 

competitive disadvantage. 

(2) Not later than 180 days after the enactment of this 

Act, the Secretary of the Treasury shall submit a report to 

the Committees on Appropriations describing, for each international financial institution, the amount and type of assistance 

provided, by country, for the extraction and export of oil, gas, 

coal, timber, or other national resource since September 30, 

2005. 

UZBEKISTAN

SEC. 586. Assistance may be provided to the central Government of Uzbekistan only if the Secretary of State determines and 

reports to the Committees on Appropriations that the Government 

of Uzbekistan is making substantial and continuing 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 multi-party system, and 

ensuring free and fair elections, freedom of expression, and the 

independence of the media, and that a credible international investigation of the May 31, 2005, shootings in Andijan is underway 

with the support of the Government of Uzbekistan: Provided, That 

for the purposes of this section ‘‘assistance’’ shall include excess 

defense articles. 

CENTRAL ASIA

SEC. 587. (a) Funds appropriated by this Act may be made 

available for assistance for the Government of Kazakhstan only 

if the Secretary of State determines and reports to the Committees 

on Appropriations that the Government of Kazakhstan has made 

significant improvements in the protection of human rights during 

the preceding 6 month period. 

(b) The Secretary of State may waive subsection (a) if he 

determines and reports to the Committees on Appropriations that 

such a waiver is important to the national security of the United 

States. 

(c) Not later than October 1, 2006, the Secretary of State 

shall submit a report to the Committees on Appropriations and 

the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives 

describing the following: 

(1) The defense articles, defense services, and financial 

assistance provided by the United States to the countries of 

Central Asia during the 6-month period ending 30 days prior 

to submission of such report. 

(2) The use during such period of defense articles, defense 

services, and financial assistance provided by the United States 

by units of the armed forces, border guards, or other security 

forces of such countries. 

(d) Prior to the initial obligation of assistance for the Government of Kyrgyzstan, the Secretary of State shall submit a report 

to the Committees on Appropriations describing: (1) whether the 
H. R. 3057—65

Government of Kyrgyzstan is forcibly returning Uzbeks who have 

fled violence and political persecution, in violation of the 1951 

Geneva Convention relating to the status of refugees, and the 

Convention Against Torture and Other Forms of Cruel, Inhuman, 

or Degrading Treatment; (2) efforts made by the United States 

to prevent such returns; and (3) the response of the Government 

of Kyrgyzstan. 

(e) For purposes of this section, the term ‘‘countries of Central 

Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, 

and Turkmenistan. 

DISABILITY PROGRAMS

SEC. 588. (a) Of the funds appropriated by this Act under 

the heading ‘‘Economic Support Fund’’, not less than $4,000,000 

shall be made available for programs and activities administered 

by the United States Agency for International Development 

(USAID) to address the needs and protect the rights of people 

with disabilities in developing countries. 

(b) Funds appropriated under the heading ‘‘Operating Expenses 

of the United States Agency for International Development’’ shall 

be made available to develop and implement training for staff 

in overseas USAID missions to promote the full inclusion and 

equal participation of people with disabilities in developing countries. 

(c) The Secretary of State, the Secretary of the Treasury, and 

the Administrator of USAID shall seek to ensure that, where appropriate, construction projects funded by this Act are accessible to 

people with disabilities and in compliance with the USAID Policy 

on Standards for Accessibility for the Disabled, or other similar 

accessibility standards. 

(d) Of the funds made available pursuant to subsection (a), 

not more than 7 percent may be for management, oversight and 

technical support. 

(e) Not later than 180 days after the date of enactment of 

this Act, and 180 days thereafter, the Administrator of USAID 

shall submit a report describing the programs, activities, and 

organizations funded pursuant to this section. 

DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE

RUSSIAN FEDERATION

SEC. 589. None of the funds appropriated for assistance under 

this Act may be made available for the Government of the Russian 

Federation, after 180 days from the date of the enactment of this 

Act, unless the President determines and certifies in writing to 

the Committees on Appropriations that the Government of the 

Russian Federation has implemented no statute, Executive order, 

regulation or similar government action that would discriminate, 

or which has as its principal effect discrimination, against religious 

groups or religious communities in the Russian Federation in violation of accepted international agreements on human rights and 

religious freedoms to which the Russian Federation is a party. 

WAR CRIMES IN AFRICA

SEC. 590. (a) The Congress reaffirms its support for the efforts 

of the International Criminal Tribunal for Rwanda (ICTR) and 
H. R. 3057—66

the Special Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity in 

a timely manner. 

(b) 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. 

(c) The prohibition in subsection (b) 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: Provided, That 

prior to exercising such waiver authority, the President shall submit 

a report to the Committees on Appropriations, in classified form 

if necessary, on: (1) the steps being taken to obtain the cooperation 

of the government in surrendering the indictee in question to the 

court of jurisdiction; (2) a strategy, including a timeline, for bringing 

the indictee before such court; and (3) the justification for exercising 

the waiver authority. 

(d) Notwithstanding subsections (b) and (c), assistance may 

be made available for the central Government of Nigeria after 

120 days following enactment of this Act only if the President 

submits a report to the Committees on Appropriations, in classified 

form if necessary, on: (1) the steps taken in fiscal years 2003, 

2004 and 2005 to obtain the cooperation of the Government of 

Nigeria in surrendering Charles Taylor to the SCSL; and (2) a 

strategy, including a timeline, for bringing Charles Taylor before 

the SCSL. 

SECURITY IN ASIA

SEC. 591. (a) Of the funds appropriated under the heading 

‘‘Foreign Military Financing Program’’, not less than the following 

amounts shall be made available to enhance security in Asia, consistent with democratic principles and the rule of law— (1) $30,000,000 for assistance for the Philippines; 

(2) $1,000,000 for assistance for Indonesia; 

(3) $1,000,000 for assistance for Bangladesh; 

(4) $3,000,000 for assistance for Mongolia; 

(5) $1,500,000 for assistance for Thailand; 

(6) $1,000,000 for assistance for Sri Lanka; 

(7) $1,000,000 for assistance for Cambodia; 

(8) $500,000 for assistance for Fiji; and 

(9) $250,000 for assistance for Tonga. 

(b) In addition to amounts appropriated elsewhere in this Act, $10,000,000 is hereby appropriated for ‘‘Foreign Military Financing 

Program’’: Provided, That these funds shall be available only to 

assist the Philippines in addressing the critical deficiencies identified in the Joint Defense Assessment of 2003. 
H. R. 3057—67

(c) Funds made available for assistance for Indonesia pursuant 

to subsection (a) may only be made available for the Indonesian 

Navy, notwithstanding section 599F of this Act: Provided, That 

such funds shall only be made available subject to the regular 

notification procedures of the Committees on Appropriations. 

(d) Funds made available for assistance for Cambodia pursuant 

to subsection (a) shall be made available notwithstanding section 

554 of this Act: Provided, That such funds shall only be made 

available subject to the regular notification procedures of the 

Committees on Appropriations. 

NEPAL

SEC. 592. (a) Funds appropriated under the heading ‘‘Foreign 

Military Financing Program’’ may be made available for assistance 

for Nepal only if the Secretary of State certifies to the Committees 

on Appropriations that the Government of Nepal, including its 

security forces, has restored civil liberties, is protecting human 

rights, and has demonstrated, through dialogue with Nepal’s political parties, a commitment to a clear timetable to restore multiparty democratic government consistent with the 1990 Nepalese 

Constitution. 

(b) The Secretary of State may waive the requirements of 

this section if the Secretary certifies to the Committees on Appropriations that to do so is in the national security interests of 

the United States. 

NEGLECTED DISEASES

SEC. 593. Of the funds appropriated under the heading ‘‘Child 

Survival and Health Programs Fund’’, not less than $15,000,000 

shall be made available to support an integrated response to the 

control of neglected diseases including intestinal parasites, schistosomiasis, lymphatic filariasis, onchocerciasis, trachoma and leprosy: Provided, That the Administrator of the United States Agency 

for International Development shall consult with the Committees 

on Appropriations, representatives from the relevant international 

technical and nongovernmental organizations addressing the specific diseases, recipient countries, donor countries, the private 

sector, UNICEF and the World Health Organization: (1) on the 

most effective uses of such funds to demonstrate the health and 

economic benefits of such an approach; and (2) to develop a multilateral, integrated initiative to control these diseases that will enhance 

coordination and effectiveness and maximize the leverage of United 

States contributions with those of other donors: Provided further, 

That funds made available pursuant to this section shall be subject 

to the regular notification procedures of the Committees on Appropriations. 

ORPHANS, DISPLACED AND ABANDONED CHILDREN

SEC. 594. Of the funds appropriated under title II of this 

Act, not less than $3,000,000 should be made available for activities 

to improve the capacity of foreign government agencies and nongovernmental organizations to prevent child abandonment, address 

the needs of orphans, displaced and abandoned children and provide 

permanent homes through family reunification, guardianship and 

domestic adoptions: Provided, That funds made available under 
H. R. 3057—68

title II of this Act should be made available, as appropriate, consistent with—

(1) the goal of enabling children to remain in the care 

of their family of origin, but when not possible, placing children 

in permanent homes through adoption; 

(2) the principle that such placements should be based 

on informed consent which has not been induced by payment 

or compensation; 

(3) the view that long-term foster care or institutionalization are not permanent options and should be used when no 

other suitable permanent options are available; and 

(4) the recognition that programs that protect and support 

families can reduce the abandonment and exploitation of children. 

ADVISOR FOR INDIGENOUS PEOPLES ISSUES

SEC. 595. (a) After consultation with the Committees on Appropriations and not later than 120 days after enactment of this 

Act, the Administrator of the United States Agency for International 

Development shall designate an ‘‘Advisor for Indigenous Peoples 

Issues’’ whose responsibilities shall include—

(1) consulting with representatives of indigenous peoples 

organizations; 

(2) ensuring that the rights and needs of indigenous peoples 

are being respected and addressed in United States Agency 

for International Development policies, programs and activities; 

(3) monitoring the design and implementation of United 

States Agency for International Development policies, programs 

and activities which affect indigenous peoples; and 

(4) coordinating with other Federal agencies on relevant 

issues relating to indigenous peoples. 

STATEMENT

SEC. 596. (a) Funds provided in this Act for the following 

accounts shall be made available for programs and countries in 

the amounts contained in the respective tables included in the 

report accompanying this Act: 

‘‘Child Survival and Health Programs Fund’’. 

‘‘Economic Support Fund’’. 

‘‘Assistance for Eastern Europe and the Baltic States’’. 

‘‘Assistance for the Independent States of the Former Soviet 

Union’’. 

‘‘Global HIV/AIDS Initiative’’. 

‘‘Democracy Fund’’. 

‘‘International Narcotics Control and Law Enforcement’’. 

‘‘Andean Counterdrug Initiative’’. 

‘‘Nonproliferation, Anti-Terrorism, Demining and Related 

Programs’’. 

‘‘Foreign Military Financing Program’’. 

‘‘International Organizations and Programs’’. 

(b) Any proposed increases or decreases to the amounts contained in such tables in the accompanying report shall be subject 

to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961. 
H. R. 3057—69

COMBATTING PIRACY OF UNITED STATES COPYRIGHTED MATERIALS

SEC. 597. (a) PROGRAM AUTHORIZED.—The Secretary of State 

may carry out a program of activities to combat piracy in countries 

that are not members of the Organization for Economic Cooperation 

and Development (OECD), including activities as follows: 

(1) The provision of equipment and training for law enforcement, including in the interpretation of intellectual property 

laws. 

(2) The provision of training for judges and prosecutors, 

including in the interpretation of intellectual property laws. 

(3) The provision of assistance in complying with obligations under applicable international treaties and agreements 

on copyright and intellectual property. 

(b) CONSULTATION WITH WORLD INTELLECTUAL PROPERTY

ORGANIZATION.—In carrying out the program authorized by subsection (a), the Secretary shall, to the maximum extent practicable, 

consult with and provide assistance to the World Intellectual Property Organization in order to promote the integration of countries 

described in subsection (a) into the global intellectual property 

system. 

(c) FUNDING.—Of the amount appropriated or otherwise made 

available under the heading ‘‘International Narcotics Control and 

Law Enforcement’’, $5,000,000 may be made available in fiscal 

year 2006 for the program authorized by subsection (a). 

MALARIA

SEC. 598. Of the funds appropriated under the heading ‘‘Child 

Survival and Health Programs Fund’’, not less than $100,000,000 

should be made available for programs and activities to combat 

malaria: Provided, That such funds should be made available in 

accordance with country strategic plans incorporating best public 

health practices, which should include considerable support for 

the purchase of commodities and equipment including: (1) insecticides for indoor residual spraying that are proven to reduce the 

transmission of malaria; (2) pharmaceuticals that are proven effective treatments to combat malaria; (3) long-lasting insecticidetreated nets used to combat malaria; and (4) other activities to 

strengthen the public health capacity of malaria-affected countries: 

Provided further, That no later than 90 days after the date of 

enactment of this Act, and every 90 days thereafter until September 

30, 2006, the Administrator of the United States Agency for International Development shall submit to the Committees on Appropriations a report describing in detail expenditures to combat malaria 

during fiscal year 2006. 

OVERSIGHT OF IRAQ RECONSTRUCTION

SEC. 599. Subsection (o) of section 3001 of the Emergency 

Supplemental Appropriations Act for Defense and for the 

Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108–

106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note), as amended 

by section 1203(j) of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 2081), is amended by striking ‘‘obligated’’ and inserting 

‘‘expended’’. 
H. R. 3057—70

NONPROLIFERATION AND COUNTERPROLIFERATION EFFORTS

SEC. 599A. Funds appropriated under title II under the heading 

‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’ may be made available to the Under Secretary of State 

for Arms Control and International Security for use in certain 

nonproliferation efforts and counterproliferation efforts such as 

increased voluntary dues to the International Atomic Energy Agency 

and Proliferation Security Initiative activities. 

PROMOTION OF POLICY GOALS AT MULTILATERAL DEVELOPMENT

BANKS

SEC. 599B. Title XV of the International Financial Institutions 

Act (22 U.S.C. 262o et seq.) is amended by adding at the end 

the following: 

‘‘SEC. 1505. PROMOTION OF POLICY GOALS. 

‘‘(a) The Secretary of the Treasury shall instruct the United 

States Executive Director at each multilateral development bank 

to inform each such bank and the executive directors of each such 

bank of the policy of the United States as set out in this section 

and to actively promote this policy and the goals set forth in 

section 1504 of this Act. It is the policy of the United States 

that each bank should— 

‘‘(1) require the bank’s employees, officers and consultants 

to make an annual disclosure of their financial interests and 

income and of any other potential source of conflict of interest; 

‘‘(2) link project and program design and results to management and staff performance appraisals, salaries, and bonuses; 

‘‘(3) implement voluntary disclosure programs for firms 

and individuals participating in projects financed by such bank; 

‘‘(4) ensure that all loan, credit, guarantee, and grant documents and other agreements with borrowers include provisions 

for the financial resources and conditionality necessary to 

ensure that a person or country that obtains financial support 

from a bank complies with applicable bank policies and national 

and international laws in carrying out the terms and conditions 

of such documents and agreements, including bank policies 

and national and international laws pertaining to the comprehensive assessment and transparency of the activities 

related to access to information, public health, safety, and 

environmental protection; 

‘‘(5) implement clear anti-corruption procedures setting 

forth the circumstances under which a person will be barred 

from receiving a loan, contract, grant, guarantee or credit from 

such bank, make such procedures available to the public, and 

make the identity of such person available to the public; 

‘‘(6) coordinate policies across multilateral development 

banks on issues including debarment, cross-debarment, procurement guidelines, consultant guidelines, and fiduciary standards 

so that a person that is debarred by one such bank is subject 

to a rebuttable presumption of ineligibility to conduct business 

with any other such bank during the specific ineligibility period; 

‘‘(7) require each bank borrower and grantee and each 

bidder, supplier and contractor for MDB projects to comply 
H. R. 3057—71

with the highest standard of ethics prohibiting coercive, collusive, corrupt and fraudulent practices, such as are defined 

in the World Bank’s Procurement Guidelines of May, 2004; 

‘‘(8) maintain a functionally independent Investigations 

Office, Auditor General Office and Evaluation Office that are 

free from interference in determining the scope of investigations 

(including forensic audits), internal auditing (including assessments of management controls for meeting operational objectives and complying with bank policies), performing work and 

communicating results, and that regularly report to such bank’s 

board of directors and, as appropriate and in a manner consistent with such functional independence of the Investigations 

Office and the Auditor General Office, to the bank’s President; 

‘‘(9) require that each candidate for adjustment or budget 

support loans demonstrate transparent budgetary and procurement processes including budget publication and public scrutiny 

prior to loan or grant approval; 

‘‘(10) require that for each project where compensation 

is to be provided to persons adversely affected by the project, 

such persons have recourse to an impartial and responsive 

mechanism to receive and resolve complaints. The mechanism 

should be easily accessible to all segments of the affected 

community without impeding access to other judicial or 

administrative remedies and without retribution; 

‘‘(11) implement best practices in domestic laws and international conventions against corruption for whistleblower and 

witness disclosures and protections against retaliation for 

internal and lawful public disclosures by the bank’s employees 

and others affected by such bank’s operations who challenge 

illegality or other misconduct that could threaten the bank’s 

mission, including: (1) best practices for legal burdens of proof; 

(2) access to independent adjudicative bodies, including external 

arbitration based on consensus selection and shared costs; and 

(3) results that eliminate the effects of proven retaliation; and 

‘‘(12) require, to the maximum extent possible, that all 

draft country strategies are issued for public consideration no 

less than 45 days before the country strategy is considered 

by the multilateral development bank board of directors. 

‘‘(b) The Secretary of the Treasury shall, beginning thirty days 

after the enactment of this Act and within sixty calendar days 

of the meeting of the respective bank’s Board of Directors at which 

such decisions are made, publish on the Department of the Treasury 

website a statement or explanation of the United States position 

on decisions related to: (1) operational policies; and (2) any proposal 

which would result or be likely to result in a significant effect 

on the environment. 

‘‘(c) In this section the term ‘multilateral development bank’ 

has the meaning given that term in section 1307 of the International 

Financial Institutions Act (22 U.S.C. 262m–7) and also includes 

the European Bank for Reconstruction and Development and the 

Global Environment Facility.’’. 

AUTHORIZATIONS

SEC. 599C. (a) To authorize the United States participation 

in and appropriations for the United States contribution to the 

fourteenth replenishment of the resources of the International 
H. R. 3057—72

Development Association, the International Development Association Act, Public Law 86–565, as amended (22 U.S.C. 284 et seq.), 

is further amended by adding at the end thereof the following 

new section: 

‘‘SEC. 23. FOURTEENTH REPLENISHMENT. 

‘‘(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United 

States $2,850,000,000 to the fourteenth replenishment of the 

resources of the Association, subject to obtaining the necessary 

appropriations. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $2,850,000,000 for payment by the Secretary of the Treasury.’’. 

(b) To authorize the United States participation in and appropriations for the United States contribution to the tenth replenishment of the resources of the African Development Fund, the African 

Development Fund Act, Public Law 94–302, as amended (22 U.S.C. 

290g et seq.), is further amended by adding at the end thereof 

the following new section: 

‘‘SEC. 218. TENTH REPLENISHMENT. 

‘‘(a) The United States Governor of the Fund is authorized 

to contribute on behalf of the United States $407,000,000 to the 

tenth replenishment of the resources of the Fund, subject to 

obtaining the necessary appropriations. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $407,000,000 for payment by the Secretary 

of the Treasury.’’. 

(c) To authorize the United States participation in and appropriations for the United States contribution to the eighth replenishment of the resources of the Asian Development Fund, the Asian 

Development Fund Act, Public Law 92–245, as amended (22 U.S.C. 

285 et seq.), is further amended by adding at the end thereof 

the following new section: 

‘‘SEC. 32. EIGHTH REPLENISHMENT. 

‘‘(a) The United States Governor of the Bank is authorized 

to contribute on behalf of the United States $461,000,000 to the 

eighth replenishment of the resources of the Fund, subject to 

obtaining the necessary appropriations. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $461,000,000 for payment by the Secretary 

of the Treasury.’’. 

ANTICORRUPTION PROVISIONS

SEC. 599D. Twenty percent of the funds appropriated by this 

Act under the heading ‘‘International Development Association’’, 

shall be withheld from disbursement until the Secretary of the 

Treasury certifies to the appropriate congressional committees 

that—

(1) World Bank procurement guidelines are applied to all 

procurement financed in whole or in part by a loan from the 

International Bank for Reconstruction and Development (IBRD) 
H. R. 3057—73

or a credit agreement or grant from the International Development Association (IDA); 

(2) the World Bank proposal ‘‘Increasing the Use of Country 

Systems in Procurement’’ dated March 2005 has been withdrawn; 

(3) the World Bank is maintaining a strong central procurement office staffed with senior experts who are designated 

to address commercial concerns, questions, and complaints 

regarding procurement procedures and payments under IDA 

and IBRD projects; 

(4) thresholds for international competitive bidding are 

established to maximize international competitive bidding in 

accordance with sound procurement practices, including transparency, competition, and cost-effective results for the Borrowers; 

(5) all tenders under the World Bank’s national competitive 

bidding provisions are subject to the same advertisement 

requirements as tenders under international competitive bidding; and 

(6) loan agreements are made public between the World 

Bank and the Borrowers. 

ASSISTANCE FOR DEMOBILIZATION AND DISARMAMENT OF FORMER

IRREGULAR COMBATANTS IN COLOMBIA

SEC. 599E. (a) AVAILABILITY OF FUNDS.—Of the funds appropriated in this Act, up to $20,000,000 may be made available 

in fiscal year 2006 for assistance for the demobilization and disarmament of former members of foreign terrorist organizations (FTOs) 

in Colombia, specifically the United Self-Defense Forces of Colombia 

(AUC), the Revolutionary Armed Forces of Colombia (FARC) and 

the National Liberation b y (ELN), if the Secretary of State makes 

a certification described in subsection (b) to the appropriate congressional committees prior to the initial obligation of amounts for 

such assistance for the fiscal year involved. 

(b) CERTIFICATION.—A certification described in this subsection 

is a certification that—

(1) assistance for the fiscal year will be provided only 

for individuals who have: (A) verifiably renounced and terminated any affiliation or involvement with FTOs or other illegal 

armed groups; and (B) are meeting all the requirements of 

the Colombia Demobilization Program, including having disclosed their involvement in past crimes and their knowledge 

of the FT07s structure, financing sources, illegal assets, and 

the location of kidnapping victims and bodies of the disappeared; 

(2) the Government of Colombia is providing full cooperation to the Government of the United States to extradite the 

leaders and members of the FTOs who have been indicted 

in the United States for murder, kidnapping, narcotics trafficking, and other violations of United States law; 

(3) the Government of Colombia is implementing a concrete 

and workable framework for dismantling the organizational 

structures of foreign terrorist organizations; and 

(4) funds shall not be made available as cash payments 

to individuals and are available only for activities under the 

following categories: verification, reintegration (including 
H. R. 3057—74

training and education), vetting, recovery of assets for reparations for victims, and investigations and prosecutions. 

(c) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Appropriations and the Committee on International Relations of the House of Representatives; and 

(B) the Committee on Appropriations and the Committee on Foreign Relations of the Senate. 

(2) FOREIGN TERRORIST ORGANIZATION.—The term ‘‘foreign 

terrorist organization’’ means an organization designated as 

a terrorist organization under section 219 of the Immigration 

and Nationality Act. 

INDONESIA

SEC. 599F. (a) Funds appropriated by this Act under the 

heading ‘‘Foreign Military Financing Program’’ may be made available for assistance for Indonesia, and licenses may be issued for 

the export of lethal defense articles for the Indonesian Armed 

Forces, only if the Secretary of State certifies to the appropriate 

congressional committees that—

(1) the Indonesian Government is prosecuting and punishing, in a manner proportional to the crime, members of 

the Armed Forces who have been credibly alleged to have 

committed gross violations of human rights; 

(2) at the direction of the President of Indonesia, the Armed 

Forces are cooperating with civilian judicial authorities and 

with international efforts to resolve cases of gross violations 

of human rights in East Timor and elsewhere; and 

(3) at the direction of the President of Indonesia, the 

Government of Indonesia is implementing reforms to improve 

civilian control of the military. 

(b) The Secretary of State may waive subsection (a) if the 

Secretary determines and reports to the Committees on Appropriations that to do so is in the national security interests of the 

United States. 

REPORT ON INDONESIAN COOPERATION

SEC. 599G. Not later than 90 days after enactment of this 

Act, the Secretary of State shall submit a report to the Committees 

on Appropriations that describes—

(1) the status of the investigation of the murders of two 

United States citizens and one Indonesian citizen that occurred 

on August 31, 2002 in Timika, Indonesia, the status of any 

individuals indicted within the United States or Indonesia for 

crimes relating to those murders, and the status of judicial 

proceedings relating to those murders; 

(2) the efforts by the Government of Indonesia to arrest 

individuals indicted for crimes relating to those murders and 

any other actions taken by the Government of Indonesia, 

including the Indonesian judiciary, police and Armed Forces, 

to bring the individuals responsible for those murders to justice; 

and 

(3) the cooperation provided by the Government of Indonesia, including the Indonesian judiciary, police and Armed 
H. R. 3057—75

Forces, to requests related to those murders made by the Secretary of State or the Director of the Federal Bureau of Investigation. 

This Act may be cited as the ‘‘Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 2006’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.