109TH CONGRESS 

1ST SESSION H. R. 3057

AN ACT

Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending 

September 30, 2006, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2006, and for other pur4 poses, namely: 

5 TITLE I—EXPORT AND INVESTMENT 

6 ASSISTANCE 

7 EXPORT-IMPORT BANK OF THE UNITED STATES

8 The Export-Import Bank of the United States is au9 thorized to make such expenditures within the limits of 

10 funds and borrowing authority available to such corpora11 tion, and in accordance with law, and to make such con12 tracts and commitments without regard to fiscal year limi13 tations, as provided by section 104 of the Government 

14 Corporation Control Act, as may be necessary in carrying 

15 out the program for the current fiscal year for such cor16 poration: Provided, That none of the funds available dur17 ing the current fiscal year may be used to make expendi18 tures, contracts, or commitments for the export of nuclear 

19 equipment, fuel, or technology to any country, other than 

20 a nuclear-weapon state as defined in Article IX of the 

21 Treaty on the Non-Proliferation of Nuclear Weapons eligi22 ble to receive economic or military assistance under this 

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

24 of the enactment of this Act: Provided further, That not25 withstanding section 1(c) of Public Law 103–428, as 
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1 amended, sections 1(a) and (b) of Public Law 103–428 

2 shall remain in effect through October 1, 2006. 

3 SUBSIDY APPROPRIATION

4 For the cost of direct loans, loan guarantees, insur5 ance, and tied-aid grants as authorized by section 10 of 

6 the Export-Import Bank Act of 1945, as amended, 

7 $125,000,000, to remain available until September 30, 

8 2009: Provided, That such costs, including the cost of 

9 modifying such loans, shall be as defined in section 502 

10 of the Congressional Budget Act of 1974: Provided fur11 ther, That such sums shall remain available until Sep12 tember 30, 2024, for the disbursement of direct loans, 

13 loan guarantees, insurance and tied-aid grants obligated 

14 in fiscal years 2006, 2007, 2008, and 2009: Provided fur15 ther, That none of the funds appropriated by this Act or 

16 any prior Act appropriating funds for foreign operations, 

17 export financing, and related programs for tied-aid credits 

18 or grants may be used for any other purpose except 

19 through the regular notification procedures of the Com20 mittees on Appropriations: Provided further, That funds 

21 appropriated by this paragraph are made available not22 withstanding section 2(b)(2) of the Export-Import Bank 

23 Act of 1945, in connection with the purchase or lease of 

24 any product by any Eastern European country, any Baltic 

25 State or any agency or national thereof. 
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1 ADMINISTRATIVE EXPENSES

2 For administrative expenses to carry out the direct 

3 and guaranteed loan and insurance programs, including 

4 hire of passenger motor vehicles and services as authorized 

5 by 5 U.S.C. 3109, and not to exceed $30,000 for official 

6 reception and representation expenses for members of the 

7 Board of Directors, $73,200,000 (reduced by 

8 $5,000,000): Provided, That the Export-Import Bank may 

9 accept, and use, payment or services provided by trans10 action participants for legal, financial, or technical services 

11 in connection with any transaction for which an applica12 tion for a loan, guarantee or insurance commitment has 

13 been made: Provided further, That, notwithstanding sub14 section (b) of section 117 of the Export Enhancement Act 

15 of 1992, subsection (a) thereof shall remain in effect until 

16 October 1, 2006. 

17 OVERSEAS PRIVATE INVESTMENT CORPORATION

18 NONCREDIT ACCOUNT

19 The Overseas Private Investment Corporation is au20 thorized to make, without regard to fiscal year limitations, 

21 as provided by 31 U.S.C. 9104, such expenditures and 

22 commitments within the limits of funds available to it and 

23 in accordance with law as may be necessary: Provided,

24 That the amount available for administrative expenses to 

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

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

3 $42,274,000: Provided further, That project-specific trans4 action costs, including direct and indirect costs incurred 

5 in claims settlements, and other direct costs associated 

6 with services provided to specific investors or potential in7 vestors pursuant to section 234 of the Foreign Assistance 

8 Act of 1961, shall not be considered administrative ex9 penses for the purposes of this heading. 

10 PROGRAM ACCOUNT

11 For the cost of direct and guaranteed loans, 

12 $20,276,000, as authorized by section 234 of the Foreign 

13 Assistance Act of 1961, to be derived by transfer from 

14 the Overseas Private Investment Corporation Non-Credit 

15 Account: Provided, That such costs, including the cost of 

16 modifying such loans, shall be as defined in section 502 

17 of the Congressional Budget Act of 1974: Provided fur18 ther, That such sums shall be available for direct loan obli19 gations and loan guaranty commitments incurred or made 

20 during fiscal years 2006 and 2007: Provided further, That 

21 such sums shall remain available through fiscal year 2014 

22 for the disbursement of direct and guaranteed loans obli23 gated in fiscal year 2006, and through fiscal year 2015 

24 for the disbursement of direct and guaranteed loans obli25 gated in fiscal year 2007: Provided further, That notwith26 standing any provision of the Foreign Assistance Act of 
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1 1961, the Overseas Private Investment Corporation is au2 thorized to undertake any program authorized by title IV 

3 of the Foreign Assistance Act of 1961 in Iraq: Provided 

4 further, That funds made available pursuant to the author5 ity of the previous proviso shall be subject to the regular 

6 notification procedures of the Committees on Appropria7 tions. 

8 In addition, such sums as may be necessary for ad9 ministrative expenses to carry out the credit program may 

10 be derived from amounts available for administrative ex11 penses to carry out the credit and insurance programs in 

12 the Overseas Private Investment Corporation Noncredit 

13 Account and merged with said account. 

14 FUNDS APPROPRIATED TO THE PRESIDENT

15 TRADE AND DEVELOPMENT AGENCY

16 For necessary expenses to carry out the provisions 

17 of section 661 of the Foreign Assistance Act of 1961, 

18 $50,900,000, to remain available until September 30, 

19 2007. 

20 TITLE II—BILATERAL ECONOMIC ASSISTANCE 

21 FUNDS APPROPRIATED TO THE PRESIDENT

22 For expenses necessary to enable the President to 

23 carry out the provisions of the Foreign Assistance Act of 

24 1961, and for other purposes, to remain available until 
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1 September 30, 2006, unless otherwise specified herein, as 

2 follows: 

3 UNITED STATES AGENCY FOR INTERNATIONAL

4 DEVELOPMENT

5 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses to carry out the provisions 

8 of chapters 1 and 10 of part I of the Foreign Assistance 

9 Act of 1961, for child survival, health, and family plan10 ning/reproductive health activities, in addition to funds 

11 otherwise available for such purposes, $1,497,000,000, to 

12 remain available until September 30, 2007: Provided,

13 That this amount shall be made available for such activi14 ties as: (1) immunization programs; (2) oral rehydration 

15 programs; (3) health, nutrition, water and sanitation pro16 grams which directly address the needs of mothers and 

17 children, and related education programs; (4) assistance 

18 for children displaced or orphaned by causes other than 

19 AIDS; (5) programs for the prevention, treatment, control 

20 of, and research on HIV/AIDS, tuberculosis, polio, ma21 laria, and other infectious diseases, and for assistance to 

22 communities severely affected by HIV/AIDS, including 

23 children displaced or orphaned by AIDS; and (6) family 

24 planning/reproductive health: Provided further, That none 

25 of the funds appropriated under this heading may be made 

26 available for nonproject assistance, except that funds may 
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1 be made available for such assistance for ongoing health 

2 activities: Provided further, That of the funds appropriated 

3 under this heading, not to exceed $250,000, in addition 

4 to funds otherwise available for such purposes, may be 

5 used to monitor and provide oversight of child survival, 

6 maternal and family planning/reproductive health, and in7 fectious disease programs: Provided further, That the fol8 lowing amounts should be allocated as follows: 

9 $347,000,000 for child survival and maternal health; 

10 $25,000,000 for vulnerable children; $350,000,000 for 

11 HIV/AIDS; $200,000,000 for other infectious diseases; 

12 and $375,000,000 for family planning/reproductive health, 

13 including in areas where population growth threatens bio14 diversity or endangered species: Provided further, That of 

15 the funds appropriated under this heading, and in addition 

16 to funds allocated under the previous proviso, not less 

17 than $200,000,000 shall be made available for a United 

18 States contribution to the Global Fund to Fight AIDS, 

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

20 be expended at the minimum rate necessary to make time21 ly payment for projects and activities: Provided further,

22 That up to 5 percent of the aggregate amount of funds 

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

24 be made available to the United States Agency for Inter25 national Development for technical assistance related to 
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1 the activities of the Global Fund: Provided further, That 

2 of the funds appropriated under this heading, 

3 $65,000,000 should be made available for a United States 

4 contribution to The Vaccine Fund, and up to $6,000,000 

5 may be transferred to and merged with funds appropriated 

6 by this Act under the heading ‘‘Operating Expenses of the 

7 United States Agency for International Development’’ for 

8 costs directly related to international health, but funds 

9 made available for such costs may not be derived from 

10 amounts made available for contribution under this and 

11 preceding provisos: Provided further, That none of the 

12 funds made available in this Act nor any unobligated bal13 ances from prior appropriations may be made available to 

14 any organization or program which, as determined by the 

15 President of the United States, supports or participates 

16 in the management of a program of coercive abortion or 

17 involuntary sterilization: Provided further, That none of 

18 the funds made available under this Act may be used to 

19 pay for the performance of abortion as a method of family 

20 planning or to motivate or coerce any person to practice 

21 abortions: Provided further, That nothing in this para22 graph shall be construed to alter any existing statutory 

23 prohibitions against abortion under section 104 of the 

24 Foreign Assistance Act of 1961: Provided further, That 

25 none of the funds made available under this Act may be 
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1 used to lobby for or against abortion: Provided further,

2 That in order to reduce reliance on abortion in developing 

3 nations, funds shall be available only to voluntary family 

4 planning projects which offer, either directly or through 

5 referral to, or information about access to, a broad range 

6 of family planning methods and services, and that any 

7 such voluntary family planning project shall meet the fol8 lowing requirements: (1) service providers or referral 

9 agents in the project shall not implement or be subject 

10 to quotas, or other numerical targets, of total number of 

11 births, number of family planning acceptors, or acceptors 

12 of a particular method of family planning (this provision 

13 shall not be construed to include the use of quantitative 

14 estimates or indicators for budgeting and planning pur15 poses); (2) the project shall not include payment of incen16 tives, bribes, gratuities, or financial reward to: (A) an indi17 vidual in exchange for becoming a family planning accep18 tor; or (B) program personnel for achieving a numerical 

19 target or quota of total number of births, number of fam20 ily planning acceptors, or acceptors of a particular method 

21 of family planning; (3) the project shall not deny any right 

22 or benefit, including the right of access to participate in 

23 any program of general welfare or the right of access to 

24 health care, as a consequence of any individual’s decision 

25 not to accept family planning services; (4) the project shall 
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1 provide family planning acceptors comprehensible infor2 mation on the health benefits and risks of the method cho3 sen, including those conditions that might render the use 

4 of the method inadvisable and those adverse side effects 

5 known to be consequent to the use of the method; and 

6 (5) the project shall ensure that experimental contracep7 tive drugs and devices and medical procedures are pro8 vided only in the context of a scientific study in which 

9 participants are advised of potential risks and benefits; 

10 and, not less than 60 days after the date on which the 

11 Administrator of the United States Agency for Inter12 national Development determines that there has been a 

13 violation of the requirements contained in paragraph (1), 

14 (2), (3), or (5) of this proviso, or a pattern or practice 

15 of violations of the requirements contained in paragraph 

16 (4) of this proviso, the Administrator shall submit to the 

17 Committees on Appropriations a report containing a de18 scription of such violation and the corrective action taken 

19 by the Agency: Provided further, That in awarding grants 

20 for natural family planning under section 104 of the For21 eign Assistance Act of 1961 no applicant shall be discrimi22 nated against because of such applicant’s religious or con23 scientious commitment to offer only natural family plan24 ning; and, additionally, all such applicants shall comply 

25 with the requirements of the previous proviso: Provided 
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1 further, That for purposes of this or any other Act author2 izing or appropriating funds for foreign operations, export 

3 financing, and related programs, the term ‘‘motivate’’, as 

4 it relates to family planning assistance, shall not be con5 strued to prohibit the provision, consistent with local law, 

6 of information or counseling about all pregnancy options: 

7 Provided further, That to the maximum extent feasible, 

8 taking into consideration cost, timely availability, and best 

9 health practices, funds appropriated in this Act or prior 

10 appropriations Acts that are made available for condom 

11 procurement shall be made available only for the procure12 ment of condoms manufactured in the United States: Pro13 vided further, That information provided about the use of 

14 condoms as part of projects or activities that are funded 

15 from amounts appropriated by this Act shall be medically 

16 accurate and shall include the public health benefits and 

17 failure rates of such use. 

18 DEVELOPMENT ASSISTANCE

19 For necessary expenses of the United States Agency 

20 for International Development to carry out the provisions 

21 of sections 103, 105, 106, and subtitle A of title VI of 

22 chapter II, and chapter 10 of part I of the Foreign Assist23 ance Act of 1961, $1,460,000,000, to remain available 

24 until September 30, 2007: Provided, That $214,000,000 

25 should be allocated for trade capacity building, of which 

26 at least $20,000,000 shall be made available for labor and 
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1 environmental capacity building activities relating to the 

2 free trade agreement with the countries of Central Amer3 ica and the Dominican Republic: Provided further, That 

4 $365,000,000 should be allocated for basic education: Pro5 vided further, That of the funds appropriated under this 

6 heading and managed by the United States Agency for 

7 International Development Bureau of Democracy, Con8 flict, and Humanitarian Assistance, not less than 

9 $15,000,000 shall be made available only for programs to 

10 improve women’s leadership capacity in recipient coun11 tries: Provided further, That such funds may not be made 

12 available for construction: Provided further, That of the 

13 funds appropriated under this heading that are made 

14 available for assistance programs for displaced and or15 phaned children and victims of war, not to exceed 

16 $37,500, in addition to funds otherwise available for such 

17 purposes, may be used to monitor and provide oversight 

18 of such programs: Provided further, That funds appro19 priated under this heading should be made available for 

20 programs in sub-Saharan Africa to address sexual and 

21 gender-based violence: Provided further, That up to 

22 $15,000,000 should be made available for drinking water 

23 supply projects in east Africa. 

24 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

25 For necessary expenses of the United States Agency 

26 for International Development to carry out the provisions 
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1 of section 491 of the Foreign Assistance Act of 1961 for 

2 international disaster relief, rehabilitation, and recon3 struction assistance, $356,000,000, to remain available 

4 until expended of which $20,000,000 should be for famine 

5 prevention and relief. 

6 TRANSITION INITIATIVES

7 For necessary expenses for international disaster re8 habilitation and reconstruction assistance pursuant to sec9 tion 491 of the Foreign Assistance Act of 1961, 

10 $50,000,000, to remain available until expended, to sup11 port transition to democracy and to long-term develop12 ment of countries in crisis: Provided, That such support 

13 may include assistance to develop, strengthen, or preserve 

14 democratic institutions and processes, revitalize basic in15 frastructure, and foster the peaceful resolution of conflict: 

16 Provided further, That the United States Agency for Inter17 national Development shall submit a report to the Com18 mittees on Appropriations at least 5 days prior to begin19 ning a new program of assistance: Provided further, That 

20 if the President determines that is important to the na21 tional interests of the United States to provide transition 

22 assistance in excess of the amount appropriated under this 

23 heading, up to $15,000,000 of the funds appropriated by 

24 this Act to carry out the provisions of part I of the For25 eign Assistance Act of 1961 may be used for purposes of 

26 this heading and under the authorities applicable to funds 
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1 appropriated under this heading: Provided further, That 

2 funds made available pursuant to the previous proviso 

3 shall be made available subject to prior consultation with 

4 the Committees on Appropriations. 

5 DEVELOPMENT CREDIT AUTHORITY

6 (INCLUDING TRANSFER OF FUNDS)

7 For the cost of direct loans and loan guarantees pro8 vided by the United States Agency for International De9 velopment, as authorized by sections 256 and 635 of the 

10 Foreign Assistance Act of 1961, up to $21,000,000, to 

11 remain available until September 30, 2008, may be de12 rived by transfer from funds appropriated by this Act to 

13 carry out part I of such Act and under the heading ‘‘As14 sistance for Eastern Europe and the Baltic States’’: Pro15 vided, That such funds shall be made available only for 

16 micro and small enterprise programs, urban programs, 

17 and other programs which further the purposes of part 

18 I of the Act: Provided further, That such costs, including 

19 the cost of modifying such direct and guaranteed loans, 

20 shall be as defined in section 502 of the Congressional 

21 Budget Act of 1974, as amended: Provided further, That 

22 funds made available by this paragraph may be used for 

23 the cost of modifying any such guaranteed loans under 

24 this Act or prior Acts, and funds used for such costs shall 

25 be subject to the regular notification procedures of the 

26 Committees on Appropriations: Provided further, That the 
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1 provisions of section 107A(d) (relating to general provi2 sions applicable to the Development Credit Authority) of 

3 the Foreign Assistance Act of 1961, as contained in sec4 tion 306 of H.R. 1486 as reported by the House Com5 mittee on International Relations on May 9, 1997, shall 

6 be applicable to direct loans and loan guarantees provided 

7 under this heading: Provided further, That these funds are 

8 available to subsidize total loan principal, any portion of 

9 which is to be guaranteed, of up to $700,000,000. 

10 In addition, for administrative expenses to carry out 

11 credit programs administered by the United States Agency 

12 for International Development, $8,000,000, which may be 

13 transferred to and merged with the appropriation for Op14 erating Expenses of the United States Agency for Inter15 national Development: Provided, That funds made avail16 able under this paragraph shall remain available until Sep17 tember 30, 2007. 

18 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

19 DISABILITY FUND

20 For payment to the ‘‘Foreign Service Retirement and 

21 Disability Fund’’, as authorized by the Foreign Service 

22 Act of 1980, $41,700,000. 

23 OPERATING EXPENSES OF THE UNITED STATES AGENCY

24 FOR INTERNATIONAL DEVELOPMENT

25 For necessary expenses to carry out the provisions 

26 of section 667 of the Foreign Assistance Act of 1961, 
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1 $630,000,000, of which up to $25,000,000 may remain 

2 available until September 30, 2007: Provided, That none 

3 of the funds appropriated under this heading and under 

4 the heading ‘‘Capital Investment Fund’’ may be made 

5 available to finance the construction (including architect 

6 and engineering services), purchase, or long-term lease of 

7 offices for use by the United States Agency for Inter8 national Development, unless the Administrator has iden9 tified such proposed construction (including architect and 

10 engineering services), purchase, or long-term lease of of11 fices in a report submitted to the Committees on Appro12 priations at least 15 days prior to the obligation of these 

13 funds for such purposes: Provided further, That the pre14 vious proviso shall not apply where the total cost of con15 struction (including architect and engineering services), 

16 purchase, or long-term lease of offices does not exceed 

17 $1,000,000: Provided further, That contracts or agree18 ments entered into with funds appropriated under this 

19 heading may entail commitments for the expenditure of 

20 such funds through fiscal year 2006: Provided further,

21 That none of the funds in this Act may be used to open 

22 a new overseas mission of the United States Agency for 

23 International Development without the prior written noti24 fication of the Committees on Appropriations: Provided 

25 further, That the authority of sections 610 and 109 of the 
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1 Foreign Assistance Act of 1961 may be exercised by the 

2 Secretary of State to transfer funds appropriated to carry 

3 out chapter 1 of part I of such Act to ‘‘Operating Ex4 penses of the United States Agency for International De5 velopment’’ in accordance with the provisions of those sec6 tions. 

7 CAPITAL INVESTMENT FUND

8 For necessary expenses for overseas construction and 

9 related costs, and for the procurement and enhancement 

10 of information technology and related capital investments, 

11 pursuant to section 667 of the Foreign Assistance Act of 

12 1961, $77,700,000, to remain available until expended: 

13 Provided, That this amount is in addition to funds other14 wise available for such purposes: Provided further, That 

15 funds appropriated under this heading shall be available 

16 for obligation only pursuant to the regular notification 

17 procedures of the Committees on Appropriations: Provided 

18 further, That of the amounts appropriated under this 

19 heading, not to exceed $55,800,000 may be made available 

20 for the purposes of implementing the Capital Security 

21 Cost Sharing Program: Provided further, That the Admin22 istrator of the United States Agency for International De23 velopment shall assess fair and reasonable rental pay24 ments for the use of space by employees of other United 

25 States Government agencies in buildings constructed 

26 using funds appropriated under this heading, and such 
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1 rental payments shall be deposited into this account as 

2 an offsetting collection: Provided further, That the rental 

3 payments collected pursuant to the previous proviso and 

4 deposited as an offsetting collection shall be available for 

5 obligation only pursuant to the regular notification proce6 dures of the Committees on Appropriations: Provided fur7 ther, That the assignment of United States Government 

8 employees or contractors to space in buildings constructed 

9 using funds appropriated under this heading shall be sub10 ject to the concurrence of the Administrator of the United 

11 States Agency for International Development. 

12 OPERATING EXPENSES OF THE UNITED STATES AGENCY

13 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN14 SPECTOR GENERAL

15 For necessary expenses to carry out the provisions 

16 of section 667 of the Foreign Assistance Act of 1961, 

17 $36,000,000, to remain available until September 30, 

18 2007, which sum shall be available for the Office of the 

19 Inspector General of the United States Agency for Inter20 national Development. 

21 OTHER BILATERAL ECONOMIC ASSISTANCE

22 ECONOMIC SUPPORT FUND

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses to carry out the provisions 

25 of chapter 4 of part II, $2,558,525,000, to remain avail26 able until September 30, 2007: Provided, That of the 
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1 funds appropriated under this heading, not less than 

2 $240,000,000 shall be available only for Israel, which sum 

3 shall be available on a grant basis as a cash transfer and 

4 shall be disbursed within 30 days of the enactment of this 

5 Act: Provided further, That not less than $495,000,000 

6 shall be available only for Egypt, which sum shall be pro7 vided on a grant basis, and of which sum cash transfer 

8 assistance shall be provided with the understanding that 

9 Egypt will undertake significant economic reforms which 

10 are additional to those which were undertaken in previous 

11 fiscal years: Provided further, That of the funds made 

12 available under this heading for Egypt, not less than 

13 $50,000,000 shall be used for programs to improve and 

14 promote democracy, governance, and human rights and 

15 not less than $50,000,000 shall be used for education pro16 grams: Provided further, That with respect to the provision 

17 of assistance for Egypt for democracy and governance ac18 tivities, the organizations implementing such assistance 

19 and the specific nature of that assistance shall not be sub20 ject to the prior approval by the Government of Egypt: 

21 Provided further, That in exercising the authority to pro22 vide cash transfer assistance for Israel, the President shall 

23 ensure that the level of such assistance does not cause an 

24 adverse impact on the total level of nonmilitary exports 

25 from the United States to such country and that Israel 
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1 enters into a side letter agreement in an amount propor2 tional to the fiscal year 1999 agreement: Provided further,

3 That of the funds appropriated under this heading, not 

4 less than $250,000,000 should be made available only for 

5 assistance for Jordan: Provided further, That $20,000,000 

6 of the funds appropriated under this heading should be 

7 made available for Cyprus to be used only for scholarships, 

8 administrative support of the scholarship program, 

9 bicommunal projects, and measures aimed at reunification 

10 of the island and designed to reduce tensions and promote 

11 peace and cooperation between the two communities on 

12 Cyprus: Provided further, That $40,000,000 of the funds 

13 appropriated under this heading should be made available 

14 for assistance for Lebanon, of which not less than 

15 $6,000,000 should be made available for scholarships and 

16 direct support of American educational institutions in 

17 Lebanon: Provided further, That funds appropriated under 

18 this heading that are made available for a Middle East 

19 Financing Facility, Middle East Enterprise Fund, or any 

20 other similar entity in the Middle East shall be subject 

21 to the regular notification procedures of the Committees 

22 on Appropriations: Provided further, That not more than 

23 $225,000,000 of the funds made available for assistance 

24 for Afghanistan under this heading may be obligated for 

25 such assistance until the Secretary of State certifies to the 
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1 Committees on Appropriations, that the Government of 

2 Afghanistan at both the national and local level, is cooper3 ating fully with United States funded poppy eradication 

4 and interdiction efforts in Afghanistan: Provided further,

5 That with respect to funds appropriated under this head6 ing in this Act or prior Acts making appropriations for 

7 foreign operations, export financing, and related pro8 grams, the responsibility for policy decisions and justifica9 tions for the use of such funds, including whether there 

10 will be a program for a country that uses those funds and 

11 the amount of each such program, shall be the responsi12 bility of the Secretary of State and the Deputy Secretary 

13 of State and this responsibility shall not be delegated. 

14 INTERNATIONAL FUND FOR IRELAND

15 For necessary expenses to carry out the provisions 

16 of chapter 4 of part II of the Foreign Assistance Act of 

17 1961, $13,500,000, which shall be available for the United 

18 States contribution to the International Fund for Ireland 

19 and shall be made available in accordance with the provi20 sions of the Anglo-Irish Agreement Support Act of 1986 

21 (Public Law 99–415): Provided, That such amount shall 

22 be expended at the minimum rate necessary to make time23 ly payment for projects and activities: Provided further,

24 That funds made available under this heading shall re25 main available until September 30, 2007. 
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1 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

2 STATES

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

4 of the Foreign Assistance Act of 1961 and the Support 

5 for East European Democracy (SEED) Act of 1989, 

6 $357,000,000, to remain available until September 30, 

7 2007, which shall be available, notwithstanding any other 

8 provision of law that restricts assistance to foreign coun9 tries and section 660 of the Foreign Assistance Act of 

10 1961, for assistance and for related programs for Eastern 

11 Europe and the Baltic States. 

12 (b) Funds appropriated under this heading shall be 

13 considered to be economic assistance under the Foreign 

14 Assistance Act of 1961 for purposes of making available 

15 the administrative authorities contained in that Act for 

16 the use of economic assistance. 

17 (c) The provisions of section 529 of this Act shall 

18 apply to funds appropriated under this heading: Provided,

19 That local currencies generated by, or converted from, 

20 funds appropriated by this Act and by previous appropria21 tions Acts and made available for the economic revitaliza22 tion program in Bosnia may be used in Eastern Europe 

23 and the Baltic States to carry out the provisions of the 

24 Foreign Assistance Act of 1961 and the Support for East 

25 European Democracy (SEED) Act of 1989. 
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1 (d) The President is authorized to withhold funds ap2 propriated under this heading made available for economic 

3 revitalization programs in Bosnia and Herzegovina, if he 

4 determines and certifies to the Committees on Appropria5 tions that the Federation of Bosnia and Herzegovina has 

6 not complied with article III of annex 1–A of the General 

7 Framework Agreement for Peace in Bosnia and 

8 Herzegovina concerning the withdrawal of foreign forces, 

9 and that intelligence cooperation on training, investiga10 tions, and related activities between state sponsors of ter11 rorism and terrorist organizations and Bosnian officials 

12 has not been terminated. 

13 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

14 FORMER SOVIET UNION

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

16 of chapters 11 and 12 of part I of the Foreign Assistance 

17 Act of 1961 and the FREEDOM Support Act, for assist18 ance for the Independent States of the former Soviet 

19 Union and for related programs, $477,000,000, to remain 

20 available until September 30, 2007: Provided, That the 

21 provisions of such chapters shall apply to funds appro22 priated by this paragraph: Provided further, That, not23 withstanding any provision of the Freedom Support Act 

24 of 1992, funds appropriated under this heading in this Act 

25 or prior Acts making appropriations for foreign oper26 ations, export financing, and related programs, that are 
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1 made available pursuant to the provisions of section 807 

2 of Public Law 102–511 shall be subject to a 6 percent 

3 ceiling on administrative expenses. 

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

5 less than $52,000,000 should be made available, in addi6 tion to funds otherwise available for such purposes, for 

7 assistance for child survival, environmental and reproduc8 tive health, and to combat HIV/AIDS, tuberculosis and 

9 other infectious diseases, and for related activities. 

10 (c)(1) Of the funds appropriated under this heading 

11 that are allocated for assistance for the Government of 

12 the Russian Federation, 60 percent shall be withheld from 

13 obligation until the President determines and certifies in 

14 writing to the Committees on Appropriations that the Gov15 ernment of the Russian Federation—

16 (A) has terminated implementation of arrange17 ments to provide Iran with technical expertise, train18 ing, technology, or equipment necessary to develop a 

19 nuclear reactor, related nuclear research facilities or 

20 programs, or ballistic missile capability; and 

21 (B) is providing full access to international non22 government organizations providing humanitarian 

23 relief to refugees and internally displaced persons in 

24 Chechnya. 

25 (2) Paragraph (1) shall not apply to—
26

•HR 3057 EH 

1 (A) assistance to combat infectious diseases, 

2 child survival activities, or assistance for victims of 

3 trafficking in persons; and 

4 (B) activities authorized under title V (Non5 proliferation and Disarmament Programs and Ac6 tivities) of the FREEDOM Support Act. 

7 (d) Section 907 of the FREEDOM Support Act shall 

8 not apply to—

9 (1) activities to support democracy or assist10 ance under title V of the FREEDOM Support Act 

11 and section 1424 of Public Law 104–201 or non12 proliferation assistance; 

13 (2) any assistance provided by the Trade and 

14 Development Agency under section 661 of the For15 eign Assistance Act of 1961 (22 U.S.C. 2421); 

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

17 United States and Foreign Commercial Service while 

18 acting within his or her official capacity; 

19 (4) any insurance, reinsurance, guarantee or 

20 other assistance provided by the Overseas Private 

21 Investment Corporation under title IV of chapter 2 

22 of part I of the Foreign Assistance Act of 1961 (22 

23 U.S.C. 2191 et seq.); 

24 (5) any financing provided under the Export25 Import Bank Act of 1945; or 
27

•HR 3057 EH 

1 (6) humanitarian assistance. 

2 INDEPENDENT AGENCIES

3 INTER-AMERICAN FOUNDATION

4 For necessary expenses to carry out the functions of 

5 the Inter-American Foundation in accordance with the 

6 provisions of section 401 of the Foreign Assistance Act 

7 of 1969, $19,500,000, to remain available until September 

8 30, 2007. 

9 AFRICAN DEVELOPMENT FOUNDATION

10 For necessary expenses to carry out title V of the 

11 International Security and Development Cooperation Act 

12 of 1980, Public Law 96–533, $20,500,000, to remain 

13 available until September 30, 2007: Provided, That funds 

14 made available to grantees may be invested pending ex15 penditure for project purposes when authorized by the 

16 board of directors of the Foundation: Provided further,

17 That interest earned shall be used only for the purposes 

18 for which the grant was made: Provided further, That not19 withstanding section 505(a)(2) of the African Develop20 ment Foundation Act, in exceptional circumstances the 

21 board of directors of the Foundation may waive the 

22 $250,000 limitation contained in that section with respect 

23 to a project: Provided further, That the Foundation shall 

24 provide a report to the Committees on Appropriations 

25 after each time such waiver authority is exercised. 
28

•HR 3057 EH 

1 PEACE CORPS

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses to carry out the provisions 

4 of the Peace Corps Act (75 Stat. 612), including the pur5 chase of not to exceed five passenger motor vehicles for 

6 administrative purposes for use outside of the United 

7 States, $325,000,000, to remain available until September 

8 30, 2007: Provided, That none of the funds appropriated 

9 under this heading shall be used to pay for abortions: Pro10 vided further, That the Director may transfer to the For11 eign Currency Fluctuations Account, as authorized by 22 

12 U.S.C. 2515, an amount not to exceed $2,000,000: Pro13 vided further, That funds transferred pursuant to the pre14 vious proviso may not be derived from amounts made 

15 available for Peace Corps overseas operations. 

16 MILLENNIUM CHALLENGE CORPORATION

17 For necessary expenses for the ‘‘Millennium Chal18 lenge Corporation’’, $1,750,000,000 to remain available 

19 until expended: Provided, That of the funds appropriated 

20 under this heading, up to $75,000,000 may be available 

21 for administrative expenses of the Millennium Challenge 

22 Corporation: Provided further, That up to 10 percent of 

23 the funds appropriated under this heading may be made 

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

25 Millennium Challenge Act of 2003: Provided further, That 

26 none of the funds available to carry out section 616 of 
29

•HR 3057 EH 

1 such Act may be made available until the Chief Executive 

2 Officer of the Millennium Challenge Corporation provides 

3 a report to the Committees on Appropriations listing the 

4 candidate countries that will be receiving assistance under 

5 section 616 of such Act, the level of assistance proposed 

6 for each such country, a description of the proposed pro7 grams, projects and activities, and the implementing agen8 cy or agencies of the United States Government: Provided 

9 further, That section 605(e)(4) of the Millennium Chal10 lenge Act of 2003 shall apply to funds appropriated under 

11 this heading: Provided further, That funds appropriated 

12 under this heading may be made available for a Millen13 nium Challenge Compact entered into pursuant to section 

14 609 of the Millennium Challenge Act of 2003 only if such 

15 Compact obligates, or contains a commitment to obligate 

16 subject to the availability of funds and the mutual agree17 ment of the parties to the Compact to proceed, the entire 

18 amount of the United States Government funding antici19 pated for the duration of the Compact. 

20 DEPARTMENT OF STATE

21 GLOBAL HIV/AIDS INITIATIVE

22 For necessary expenses to carry out the provisions 

23 of the Foreign Assistance Act of 1961 for the prevention, 

24 treatment, and control of, and research on, HIV/AIDS, 

25 $1,920,000,000 (reduced by $1,000,000) (increased by 
30

•HR 3057 EH 

1 $1,000,000), to remain available until expended: Provided,

2 That of the funds appropriated under this heading, not 

3 less than $200,000,000 shall be made available for a 

4 United States Contribution to the Global Fund to Fight 

5 AIDS, Turberculosis and Malaria (the ‘‘Global Fund’’), 

6 and shall be expended at the minimum rate necessary to 

7 make timely payment for projects and activities: Provided 

8 further, That not more than $12,000,000 of the funds ap9 propriated under this heading may be made available for 

10 administrative expenses of the Office of the Coordinator 

11 of United States Government Activities to Combat HIV/

12 AIDS Globally of the Department of State. 

13 INTERNATIONAL NARCOTICS CONTROL AND LAW

14 ENFORCEMENT

15 For necessary expenses to carry out section 481 of 

16 the Foreign Assistance Act of 1961, $437,400,000 (in17 creased by $5,000,000), to remain available until Sep18 tember 30, 2008: Provided, That during fiscal year 2006, 

19 the Department of State may also use the authority of 

20 section 608 of the Foreign Assistance Act of 1961, with21 out regard to its restrictions, to receive excess property 

22 from an agency of the United States Government for the 

23 purpose of providing it to a foreign country under chapter 

24 8 of part I of that Act subject to the regular notification 

25 procedures of the Committees on Appropriations: Provided 

26 further, That the Secretary of State shall provide to the 
31

•HR 3057 EH 

1 Committees on Appropriations not later than 45 days 

2 after the date of the enactment of this Act and prior to 

3 the initial obligation of funds appropriated under this 

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

5 this heading on a country-by-country basis for each pro6 posed program, project, or activity: Provided further, That 

7 $10,000,000 of the funds appropriated under this heading 

8 should be made available for demand reduction programs: 

9 Provided further, That of the funds appropriated under 

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

11 for administrative expenses. 

12 ANDEAN COUNTERDRUG INITIATIVE

13 For necessary expenses to carry out section 481 of 

14 the Foreign Assistance Act of 1961 to support 

15 counterdrug activities in the Andean region of South 

16 America, $734,500,000, to remain available until Sep17 tember 30, 2008: Provided, That in fiscal year 2006, 

18 funds available to the Department of State for assistance 

19 to the Government of Colombia shall be available to sup20 port a unified campaign against narcotics trafficking, 

21 against activities by organizations designated as terrorist 

22 organizations such as the Revolutionary Armed Forces of 

23 Colombia (FARC), the National Liberation Army (ELN), 

24 and the United Self-Defense Forces of Colombia (AUC), 

25 and to take actions to protect human health and welfare 

26 in emergency circumstances, including undertaking rescue 
32

•HR 3057 EH 

1 operations: Provided further, That this authority shall 

2 cease to be effective if the Secretary of State has credible 

3 evidence that the Colombian Armed Forces are not con4 ducting vigorous operations to restore government author5 ity and respect for human rights in areas under the effec6 tive control of paramilitary and guerrilla organizations: 

7 Provided further, That the President shall ensure that if 

8 any helicopter procured with funds under this heading is 

9 used to aid or abet the operations of any illegal self-de10 fense group or illegal security cooperative, such helicopter 

11 shall be immediately returned to the United States: Pro12 vided further, That the Secretary of State, in consultation 

13 with the Administrator of the United States Agency for 

14 International Development, shall provide to the Commit15 tees on Appropriations not later than 45 days after the 

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

17 obligation of funds appropriated under this heading, a re18 port on the proposed uses of all funds under this heading 

19 on a country-by-country basis for each proposed program, 

20 project, or activity: Provided further, That funds made 

21 available in this Act for demobilization/reintegration of 

22 members of foreign terrorist organizations in Colombia 

23 shall be subject to prior consultation with, and the regular 

24 notification procedures of, the Committees on Appropria25 tions: Provided further, That section 482(b) of the Foreign 
33

•HR 3057 EH 

1 Assistance Act of 1961 shall not apply to funds appro2 priated under this heading: Provided further, That assist3 ance provided with funds appropriated under this heading 

4 that is made available notwithstanding section 482(b) of 

5 the Foreign Assistance Act of 1961 shall be made avail6 able subject to the regular notification procedures of the 

7 Committees on Appropriations: Provided further, That no 

8 United States Armed Forces personnel or United States 

9 civilian contractor employed by the United States will par10 ticipate in any combat operation in connection with assist11 ance made available by this Act for Colombia: Provided 

12 further, That of the funds appropriated under this head13 ing, not more than $19,015,000 may be available for ad14 ministrative expenses of the Department of State, and not 

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

16 amounts otherwise available for such purposes, for admin17 istrative expenses of the United States Agency for Inter18 national Development. 

19 MIGRATION AND REFUGEE ASSISTANCE

20 For expenses, not otherwise provided for, necessary 

21 to enable the Secretary of State to provide, as authorized 

22 by law, a contribution to the International Committee of 

23 the Red Cross, assistance to refugees, including contribu24 tions to the International Organization for Migration and 

25 the United Nations High Commissioner for Refugees, and 

26 other activities to meet refugee and migration needs; sala-
34

•HR 3057 EH 

1 ries and expenses of personnel and dependents as author2 ized by the Foreign Service Act of 1980; allowances as 

3 authorized by sections 5921 through 5925 of title 5, 

4 United States Code; purchase and hire of passenger motor 

5 vehicles; and services as authorized by section 3109 of title 

6 5, United States Code, $790,720,000, which shall remain 

7 available until expended: Provided, That not more than 

8 $22,000,000 may be available for administrative expenses: 

9 Provided further, That funds appropriated under this 

10 heading may be made available for a headquarters con11 tribution to the International Committee of the Red Cross 

12 only if the Secretary of State determines (and so reports 

13 to the appropriate committees of Congress) that the 

14 Magen David Adom Society of Israel is not being denied 

15 participation in the activities of the International Red 

16 Cross and Red Crescent Movement. 

17 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

18 ASSISTANCE FUND

19 For necessary expenses to carry out the provisions 

20 of section 2(c) of the Migration and Refugee Assistance 

21 Act of 1962, as amended (22 U.S.C. 2601(c)), 

22 $30,000,000, to remain available until expended.

23 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

24 RELATED PROGRAMS

25 For necessary expenses for nonproliferation, anti-ter26 rorism, demining and related programs and activities, 
35

•HR 3057 EH 

1 $400,350,000 (increased by $7,000,000) (reduced by 

2 $7,000,000), to carry out the provisions of chapter 8 of 

3 part II of the Foreign Assistance Act of 1961 for anti4 terrorism assistance, chapter 9 of part II of the Foreign 

5 Assistance Act of 1961, section 504 of the FREEDOM 

6 Support Act, section 23 of the Arms Export Control Act 

7 or the Foreign Assistance Act of 1961 for demining activi8 ties, the clearance of unexploded ordnance, the destruction 

9 of small arms, and related activities, notwithstanding any 

10 other provision of law that restricts assistance to foreign 

11 countries, including activities implemented through non12 governmental and international organizations, and section 

13 301 of the Foreign Assistance Act of 1961 for a voluntary 

14 contribution to the International Atomic Energy Agency 

15 (IAEA), and for a United States contribution to the Com16 prehensive Nuclear Test Ban Treaty Preparatory Com17 mission: Provided, That of this amount not to exceed 

18 $37,500,000, to remain available until expended, may be 

19 made available for the Nonproliferation and Disarmament 

20 Fund, notwithstanding any other provision of law that re21 stricts assistance to foreign countries, to promote bilateral 

22 and multilateral activities relating to nonproliferation and 

23 disarmament: Provided further, That such funds may also 

24 be used for such countries other than the Independent 

25 States of the former Soviet Union and international orga-
36

•HR 3057 EH 

1 nizations when it is in the national security interest of the 

2 United States to do so: Provided further, That funds ap3 propriated under this heading may be made available for 

4 the International Atomic Energy Agency only if the Sec5 retary of State determines (and so reports to the Con6 gress) that Israel is not being denied its right to partici7 pate in the activities of that Agency: Provided further,

8 That of the funds made available for demining and related 

9 activities, not to exceed $705,000, in addition to funds 

10 otherwise available for such purposes, may be used for ad11 ministrative expenses related to the operation and man12 agement of the demining program: Provided further, That 

13 funds appropriated under this heading that are available 

14 for ‘‘Anti-terrorism Assistance’’ and ‘‘Export Control and 

15 Border Security’’ shall remain available until September 

16 30, 2007: Provided further, That funds appropriated 

17 under this heading shall be made available for programs 

18 and countries in the amounts contained in the table in19 cluded in the report accompanying this Act: Provided fur20 ther, That any proposed increases or decreases to the 

21 amounts contained in such table shall be subject to the 

22 regular notification procedures of the Committee on Ap23 propriations and section 634A of the Foreign Assistance 

24 Act of 1961 and notifications shall be transmitted at least 

25 15 days in advance of the obligation of funds. 
37

•HR 3057 EH 

1 DEPARTMENT OF THE TREASURY

2 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

3 For necessary expenses to carry out the provisions 

4 of section 129 of the Foreign Assistance Act of 1961, 

5 $20,000,000, to remain available until September 30, 

6 2009, which shall be available notwithstanding any other 

7 provision of law that restricts assistance to foreign coun8 tries. 

9 DEBT RESTRUCTURING

10 For the cost, as defined in section 502 of the Con11 gressional Budget Act of 1974, of modifying loans and 

12 loan guarantees, as the President may determine, for 

13 which funds have been appropriated or otherwise made 

14 available for programs within the International Affairs 

15 Budget Function 150, including the cost of selling, reduc16 ing, or canceling amounts owed to the United States as 

17 a result of concessional loans made to eligible countries, 

18 pursuant to parts IV and V of the Foreign Assistance Act 

19 of 1961, of modifying concessional credit agreements with 

20 least developed countries, as authorized under section 411 

21 of the Agricultural Trade Development and Assistance Act 

22 of 1954, as amended, of concessional loans, guarantees 

23 and credit agreements, as authorized under section 572 

24 of the Foreign Operations, Export Financing, and Related 

25 Programs Appropriations Act, 1989 (Public Law 100–

26 461), and of canceling amounts owed, as a result of loans 
38

•HR 3057 EH 

1 or guarantees made pursuant to the Export-Import Bank 

2 Act of 1945, by countries that are eligible for debt reduc3 tion pursuant to title V of H.R. 3425 as enacted into law 

4 by section 1000(a)(5) of Public Law 106–113, 

5 $65,000,000, to remain available until September 30, 

6 2008: Provided, That not less than $20,000,000 of the 

7 funds appropriated under this heading shall be made avail8 able to carry out the provisions of part V of the Foreign 

9 Assistance Act of 1961: Provided further, That up to 

10 $45,000,000 of the funds appropriated under this heading 

11 may be used by the Secretary of the Treasury to pay to 

12 the Heavily Indebted Poor Countries (HIPC) Trust Fund 

13 administered by the International Bank for Reconstruc14 tion and Development amounts for the benefit of countries 

15 that are eligible for debt reduction pursuant to title V of 

16 H.R. 3425 as enacted into law by section 1000(a)(5) of 

17 Public Law 106–113: Provided further, That amounts paid 

18 to the HIPC Trust Fund may be used only to fund debt 

19 reduction under the enhanced HIPC initiative by—

20 (1) the Inter-American Development Bank; 

21 (2) the African Development Fund; 

22 (3) the African Development Bank; and 

23 (4) the Central American Bank for Economic 

24 Integration: 
39

•HR 3057 EH 

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

2 Trust Fund for the benefit of any country if the Secretary 

3 of State has credible evidence that the government of such 

4 country is engaged in a consistent pattern of gross viola5 tions of internationally recognized human rights or in mili6 tary or civil conflict that undermines its ability to develop 

7 and implement measures to alleviate poverty and to devote 

8 adequate human and financial resources to that end: Pro9 vided further, That on the basis of final appropriations, 

10 the Secretary of the Treasury shall consult with the Com11 mittees on Appropriations concerning which countries and 

12 international financial institutions are expected to benefit 

13 from a United States contribution to the HIPC Trust 

14 Fund during the fiscal year: Provided further, That the 

15 Secretary of the Treasury shall inform the Committees on 

16 Appropriations not less than 15 days in advance of the 

17 signature of an agreement by the United States to make 

18 payments to the HIPC Trust Fund of amounts for such 

19 countries and institutions: Provided further, That the Sec20 retary of the Treasury may disburse funds designated for 

21 debt reduction through the HIPC Trust Fund only for the 

22 benefit of countries that—

23 (1) have committed, for a period of 24 months, 

24 not to accept new market-rate loans from the inter25 national financial institution receiving debt repay-
40

•HR 3057 EH 

1 ment as a result of such disbursement, other than 

2 loans made by such institutions to export-oriented 

3 commercial projects that generate foreign exchange 

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

5 and 

6 (2) have documented and demonstrated their 

7 commitment to redirect their budgetary resources 

8 from international debt repayments to programs to 

9 alleviate poverty and promote economic growth that 

10 are additional to or expand upon those previously 

11 available for such purposes: 

12 Provided further, That none of the funds made available 

13 under this heading in this or any other appropriations Act 

14 shall be made available for Sudan or Burma unless the 

15 Secretary of the Treasury determines and notifies the 

16 Committees on Appropriations that a democratically elect17 ed government has taken office.

18 TITLE III—MILITARY ASSISTANCE 

19 FUNDS APPROPRIATED TO THE PRESIDENT

20 INTERNATIONAL MILITARY EDUCATION AND TRAINING

21 For necessary expenses to carry out the provisions 

22 of section 541 of the Foreign Assistance Act of 1961, 

23 $86,744,000, of which up to $3,000,000 may remain 

24 available until expended: Provided, That the civilian per25 sonnel for whom military education and training may be 
41

•HR 3057 EH 

1 provided under this heading may include civilians who are 

2 not members of a government whose participation would 

3 contribute to improved civil-military relations, civilian con4 trol of the military, or respect for human rights: Provided 

5 further, That funds appropriated under this heading for 

6 military education and training for Nigeria may only be 

7 provided through the regular notification procedures of the 

8 Committees on Appropriations. 

9 FOREIGN MILITARY FINANCING PROGRAM

10 (INCLUDING TRANSFER OF FUNDS)

11 For expenses necessary for grants to enable the 

12 President to carry out the provisions of section 23 of the 

13 Arms Export Control Act, $4,442,300,000: Provided, 

14 That of the funds appropriated under this heading, not 

15 less than $2,280,000,000 shall be available for grants only 

16 for Israel, and not less than $1,300,000,000 shall be made 

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

18 the funds appropriated by this paragraph for Israel shall 

19 be disbursed within 30 days of the enactment of this Act: 

20 Provided further, That to the extent that the Government 

21 of Israel requests that funds be used for such purposes, 

22 grants made available for Israel by this paragraph shall, 

23 as agreed by Israel and the United States, be available 

24 for advanced weapons systems, of which not less than 

25 $595,000,000 shall be available for the procurement in 

26 Israel of defense articles and defense services, including 
42

•HR 3057 EH 

1 research and development: Provided further, That of the 

2 funds appropriated by this paragraph, $206,000,000 

3 should be made available for assistance for Jordan: Pro4 vided further, That funds appropriated or otherwise made 

5 available by this paragraph shall be nonrepayable notwith6 standing any requirement in section 23 of the Arms Ex7 port Control Act: Provided further, That funds made avail8 able under this paragraph shall be obligated upon appor9 tionment in accordance with paragraph (5)(C) of title 31, 

10 United States Code, section 1501(a). 

11 None of the funds made available under this heading 

12 shall be available to finance the procurement of defense 

13 articles, defense services, or design and construction serv14 ices that are not sold by the United States Government 

15 under the Arms Export Control Act unless the foreign 

16 country proposing to make such procurements has first 

17 signed an agreement with the United States Government 

18 specifying the conditions under which such procurements 

19 may be financed with such funds: Provided, That all coun20 try and funding level increases in allocations shall be sub21 mitted through the regular notification procedures of sec22 tion 515 of this Act: Provided further, That none of the 

23 funds appropriated under this heading shall be available 

24 for assistance for Sudan and Guatemala: Provided further,

25 That funds made available under this heading may be 
43

•HR 3057 EH 

1 used, notwithstanding any other provision of law that re2 stricts assistance to foreign countries, for demining, the 

3 clearance of unexploded ordnance, and related activities, 

4 and may include activities implemented through non5 governmental and international organizations: Provided 

6 further, That only those countries for which assistance was 

7 justified for the ‘‘Foreign Military Sales Financing Pro8 gram’’ in the fiscal year 1989 congressional presentation 

9 for security assistance programs may utilize funds made 

10 available under this heading for procurement of defense 

11 articles, defense services or design and construction serv12 ices that are not sold by the United States Government 

13 under the Arms Export Control Act: Provided further,

14 That funds appropriated under this heading shall be ex15 pended at the minimum rate necessary to make timely 

16 payment for defense articles and services: Provided fur17 ther, That not more than $41,600,000 of the funds appro18 priated under this heading may be obligated for necessary 

19 expenses, including the purchase of passenger motor vehi20 cles for replacement only for use outside of the United 

21 States, for the general costs of administering military as22 sistance and sales: Provided further, That not more than 

23 $373,000,000 of funds realized pursuant to section 

24 21(e)(1)(A) of the Arms Export Control Act may be obli25 gated for expenses incurred by the Department of Defense 
44

•HR 3057 EH 

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

2 Arms Export Control Act, except that this limitation may 

3 be exceeded only through the regular notification proce4 dures of the Committees on Appropriations: Provided fur5 ther, That foreign military financing program funds esti6 mated to be outlayed for Egypt during fiscal year 2006 

7 shall be transferred to an interest bearing account for 

8 Egypt in the Federal Reserve Bank of New York within 

9 30 days of enactment of this Act. 

10 PEACEKEEPING OPERATIONS

11 For necessary expenses to carry out the provisions 

12 of section 551 of the Foreign Assistance Act of 1961, 

13 $177,800,000: Provided, That none of the funds appro14 priated under this heading shall be obligated or expended 

15 except as provided through the regular notification proce16 dures of the Committees on Appropriations. 

17 TITLE IV—MULTILATERAL ECONOMIC 

18 ASSISTANCE 

19 FUNDS APPROPRIATED TO THE PRESIDENT

20 INTERNATIONAL FINANCIAL INSTITUTIONS

21 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

22 ASSOCIATION

23 For payment to the International Development Asso24 ciation by the Secretary of the Treasury, $950,000,000, 

25 to remain available until expended. 
45

•HR 3057 EH 

1 CONTRIBUTION TO THE MULTILATERAL INVESTMENT

2 GUARANTEE AGENCY

3 For payment to the Multilateral Investment Guar4 antee Agency by the Secretary of the Treasury, 

5 $1,741,515, to remain available until expended. 

6 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

7 The United States Governor of the Multilateral In8 vestment Guarantee Agency may subscribe without fiscal 

9 year limitation to the callable capital portion of the United 

10 States share of such capital in an amount not to exceed 

11 $8,126,527. 

12 CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT

13 CORPORATION

14 For payment to the Inter-American Investment Cor15 poration by the Secretary of the Treasury, $1,741,515, to 

16 remain available until expended.

17 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

18 MULTILATERAL INVESTMENT FUND

19 For payment to the Enterprise for the Americas Mul20 tilateral Investment Fund by the Secretary of the Treas21 ury, for the United States contribution to the fund, 

22 $1,741,515, to remain available until expended. 

23 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

24 For the United States contribution by the Secretary 

25 of the Treasury to the increase in resources of the Asian 

26 Development Fund, as authorized by the Asian Develop-
46

•HR 3057 EH 

1 ment Bank Act, as amended, $115,250,000, to remain 

2 available until expended. 

3 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

4 For payment to the African Development Bank by 

5 the Secretary of the Treasury, $5,638,350, for the United 

6 States paid-in share of the increase in capital stock, to 

7 remain available until expended. 

8 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

9 The United States Governor of the African Develop10 ment Bank may subscribe without fiscal year limitation 

11 for the callable capital portion of the United States share 

12 of such capital stock in an amount not to exceed 

13 $88,333,855. 

14 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

15 For the United States contribution by the Secretary 

16 of the Treasury to the increase in resources of the African 

17 Development Fund, $135,700,000, to remain available 

18 until expended. 

19 CONTRIBUTION TO THE EUROPEAN BANK FOR

20 RECONSTRUCTION AND DEVELOPMENT

21 For payment to the European Bank for Reconstruc22 tion and Development by the Secretary of the Treasury, 

23 $1,015,677 for the United States share of the paid-in por24 tion of the increase in capital stock, to remain available 

25 until expended. 
47

•HR 3057 EH 

1 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

2 The United States Governor of the European Bank 

3 for Reconstruction and Development may subscribe with4 out fiscal year limitation to the callable capital portion of 

5 the United States share of such capital stock in an amount 

6 not to exceed $2,249,888. 

7 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

8 AGRICULTURAL DEVELOPMENT

9 For the United States contribution by the Secretary 

10 of the Treasury to increase the resources of the Inter11 national Fund for Agricultural Development, 

12 $15,000,000, to remain available until expended. 

13 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

14 For necessary expenses to carry out the provisions 

15 of section 301 of the Foreign Assistance Act of 1961, and 

16 of section 2 of the United Nations Environment Program 

17 Participation Act of 1973, $328,958,000: Provided, That 

18 none of the funds appropriated under this heading may 

19 be made available to the International Atomic Energy 

20 Agency (IAEA). 

21 TITLE V—GENERAL PROVISIONS 

22 COMPENSATION FOR UNITED STATES EXECUTIVE

23 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

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

25 be made as payment to any international financial institu26 tion while the United States Executive Director to such 
48

•HR 3057 EH 

1 institution is compensated by the institution at a rate 

2 which, together with whatever compensation such Director 

3 receives from the United States, is in excess of the rate 

4 provided for an individual occupying a position at level IV 

5 of the Executive Schedule under section 5315 of title 5, 

6 United States Code, or while any alternate United States 

7 Director to such institution is compensated by the institu8 tion at a rate in excess of the rate provided for an indi9 vidual occupying a position at level V of the Executive 

10 Schedule under section 5316 of title 5, United States 

11 Code. 

12 (b) For purposes of this section ‘‘international finan13 cial institutions’’ are: the International Bank for Recon14 struction and Development, the Inter-American Develop15 ment Bank, the Asian Development Bank, the Asian De16 velopment Fund, the African Development Bank, the Afri17 can Development Fund, the International Monetary Fund, 

18 the North American Development Bank, and the Euro19 pean Bank for Reconstruction and Development. 

20 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO

21 UNITED NATIONS AGENCIES

22 SEC. 502. None of the funds appropriated by this Act 

23 may be made available to pay any voluntary contribution 

24 of the United States to the United Nations (including the 

25 United Nations Development Program) if the United Na-
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•HR 3057 EH 

1 tions implements or imposes any taxation on any United 

2 States persons. 

3 LIMITATION ON RESIDENCE EXPENSES

4 SEC. 503. Of the funds appropriated or made avail5 able pursuant to this Act, not to exceed $100,500 shall 

6 be for official residence expenses of the United States 

7 Agency for International Development during the current 

8 fiscal year: Provided, That appropriate steps shall be 

9 taken to assure that, to the maximum extent possible, 

10 United States-owned foreign currencies are utilized in lieu 

11 of dollars. 

12 LIMITATION ON EXPENSES

13 SEC. 504. Of the funds appropriated or made avail14 able pursuant to this Act, not to exceed $5,000 shall be 

15 for entertainment expenses of the United States Agency 

16 for International Development during the current fiscal 

17 year. 

18 LIMITATION ON REPRESENTATIONAL ALLOWANCES

19 SEC. 505. Of the funds appropriated or made avail20 able pursuant to this Act, not to exceed $125,000 shall 

21 be available for representation allowances for the United 

22 States Agency for International Development during the 

23 current fiscal year: Provided, That appropriate steps shall 

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

25 United States-owned foreign currencies are utilized in lieu 

26 of dollars: Provided further, That of the funds made avail-
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•HR 3057 EH 

1 able by this Act for general costs of administering military 

2 assistance and sales under the heading ‘‘Foreign Military 

3 Financing Program’’, not to exceed $4,000 shall be avail4 able for entertainment expenses and not to exceed 

5 $130,000 shall be available for representation allowances: 

6 Provided further, That of the funds made available by this 

7 Act under the heading ‘‘International Military Education 

8 and Training’’, not to exceed $55,000 shall be available 

9 for entertainment allowances: Provided further, That of 

10 the funds made available by this Act for the Inter-Amer11 ican Foundation, not to exceed $2,000 shall be available 

12 for entertainment and representation allowances: Provided 

13 further, That of the funds made available by this Act for 

14 the Peace Corps, not to exceed a total of $4,000 shall be 

15 available for entertainment expenses: Provided further,

16 That of the funds made available by this Act under the 

17 heading ‘‘Trade and Development Agency’’, not to exceed 

18 $4,000 shall be available for representation and entertain19 ment allowances: Provided further, That of the funds made 

20 available by this Act under the heading ‘‘Millennium Chal21 lenge Corporation’’, not to exceed $115,000 shall be avail22 able for representation and entertainment allowances. 

23 PROHIBITION ON TAXATION OF UNITED STATES

24 ASSISTANCE

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

26 the funds appropriated by this Act may be made available 
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•HR 3057 EH 

1 to provide assistance for a foreign country under a new 

2 bilateral agreement governing the terms and conditions 

3 under which such assistance is to be provided unless such 

4 agreement includes a provision stating that assistance pro5 vided by the United States shall be exempt from taxation, 

6 or reimbursed, by the foreign government, and the Sec7 retary of State shall expeditiously seek to negotiate 

8 amendments to existing bilateral agreements, as nec9 essary, to conform with this requirement. 

10 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 

11 amount equivalent to 200 percent of the total taxes as12 sessed during fiscal year 2006 on funds appropriated by 

13 this Act by a foreign government or entity against com14 modities financed under United States assistance pro15 grams for which funds are appropriated by this Act, either 

16 directly or through grantees, contractors and subcontrac17 tors shall be withheld from obligation from funds appro18 priated for assistance for fiscal year 2007 and allocated 

19 for the central government of such country and for the 

20 West Bank and Gaza Program to the extent that the Sec21 retary of State certifies and reports in writing to the Com22 mittees on Appropriations that such taxes have not been 

23 reimbursed to the Government of the United States. 
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1 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 

2 minimis nature shall not be subject to the provisions of 

3 subsection (b). 

4 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

5 from obligation for each country or entity pursuant to sub6 section (b) shall be reprogrammed for assistance to coun7 tries which do not assess taxes on United States assistance 

8 or which have an effective arrangement that is providing 

9 substantial reimbursement of such taxes. 

10 (e) DETERMINATIONS.—

11 (1) The provisions of this section shall not 

12 apply to any country or entity the Secretary of State 

13 determines—

14 (A) does not assess taxes on United States 

15 assistance or which has an effective arrange16 ment that is providing substantial reimburse17 ment of such taxes; or 

18 (B) the foreign policy interests of the 

19 United States outweigh the policy of this sec20 tion to ensure that United States assistance is 

21 not subject to taxation. 

22 (2) The Secretary of State shall consult with 

23 the Committees on Appropriations at least 15 days 

24 prior to exercising the authority of this subsection 

25 with regard to any country or entity. 
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•HR 3057 EH 

1 (f) IMPLEMENTATION.—The Secretary of State shall 

2 issue rules, regulations, or policy guidance, as appropriate, 

3 to implement the prohibition against the taxation of assist4 ance contained in this section. 

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

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

7 value added taxes and customs duties imposed on 

8 commodities financed with United States assistance 

9 for programs for which funds are appropriated by 

10 this Act; and 

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

12 framework bilateral agreement between the Govern13 ment of the United States and the government of 

14 the country receiving assistance that describes the 

15 privileges and immunities applicable to United 

16 States foreign assistance for such country generally, 

17 or an individual agreement between the Government 

18 of the United States and such government that de19 scribes, among other things, the treatment for tax 

20 purposes that will be accorded the United States as21 sistance provided under that agreement. 

22 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

23 COUNTRIES

24 SEC. 507. None of the funds appropriated or other25 wise made available pursuant to this Act shall be obligated 

26 or expended to finance directly any assistance or repara-
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•HR 3057 EH 

1 tions to Cuba, Libya, North Korea, Iran, or Syria: Pro2 vided, That for purposes of this section, except with re3 spect to Libya, the prohibition on obligations or expendi4 tures shall include direct loans, credits, insurance and 

5 guarantees of the Export-Import Bank or its agents. 

6 MILITARY COUPS

7 SEC. 508. None of the funds appropriated or other8 wise made available pursuant to this Act shall be obligated 

9 or expended to finance directly any assistance to the gov10 ernment of any country whose duly elected head of govern11 ment is deposed by military coup or decree: Provided, That 

12 assistance may be resumed to such government if the 

13 President determines and certifies to the Committees on 

14 Appropriations that subsequent to the termination of as15 sistance a democratically elected government has taken of16 fice: Provided further, That the provisions of this section 

17 shall not apply to assistance to promote democratic elec18 tions or public participation in democratic processes: Pro19 vided further, That funds made available pursuant to the 

20 previous provisos shall be subject to the regular notifica21 tion procedures of the Committees on Appropriations. 

22 TRANSFERS

23 SEC. 509. (a)(1) LIMITATION ON TRANSFERS BE24 TWEEN AGENCIES.—None of the funds made available by 

25 this Act may be transferred to any department, agency, 

26 or instrumentality of the United States Government, ex-
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•HR 3057 EH 

1 cept pursuant to a transfer made by, or transfer authority 

2 provided in, this Act or any other appropriation Act. 

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

4 transfers made by, or authorized elsewhere in, this Act, 

5 funds appropriated by this Act to carry out the purposes 

6 of the Foreign Assistance Act of 1961 may be allocated 

7 or transferred to agencies of the United States Govern8 ment pursuant to the provisions of sections 109, 610, and 

9 632 of the Foreign Assistance Act of 1961. 

10 (b) TRANSFERS BETWEEN ACCOUNTS.—None of the 

11 funds made available by this Act may be obligated under 

12 an appropriation account to which they were not appro13 priated, except for transfers specifically provided for in 

14 this Act, unless the President, not less than 5 days prior 

15 to the exercise of any authority contained in the Foreign 

16 Assistance Act of 1961 to transfer funds, consults with 

17 and provides a written policy justification to the Commit18 tees on Appropriations of the House of Representatives 

19 and the Senate. 

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

21 agreement for the transfer or allocation of funds appro22 priated by this Act, or prior Acts, entered into between 

23 the United States Agency for International Development 

24 and another agency of the United States Government 

25 under the authority of section 632(a) of the Foreign As-
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•HR 3057 EH 

1 sistance Act of 1961 or any comparable provision of law, 

2 shall expressly provide that the Office of the Inspector 

3 General for the agency receiving the transfer or allocation 

4 of such funds shall perform periodic program and financial 

5 audits of the use of such funds: Provided, That funds 

6 transferred under such authority may be made available 

7 for the cost of such audits. 

8 COMMERCIAL LEASING OF DEFENSE ARTICLES

9 SEC. 510. Notwithstanding any other provision of law 

10 that restricts assistance to foreign countries, and subject 

11 to the regular notification procedures of the Committees 

12 on Appropriations, the authority of section 23(a) of the 

13 Arms Export Control Act may be used to provide financ14 ing to Israel, Egypt and NATO and major non-NATO al15 lies for the procurement by leasing (including leasing with 

16 an option to purchase) of defense articles from United 

17 States commercial suppliers, not including Major Defense 

18 Equipment (other than helicopters and other types of air19 craft having possible civilian application), if the President 

20 determines that there are compelling foreign policy or na21 tional security reasons for those defense articles being pro22 vided by commercial lease rather than by government-to23 government sale under such Act. 

24 AVAILABILITY OF FUNDS

25 SEC. 511. No part of any appropriation contained in 

26 this Act shall remain available for obligation after the ex-
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•HR 3057 EH 

1 piration of the current fiscal year unless expressly so pro2 vided in this Act: Provided, That funds appropriated for 

3 the purposes of chapters 1, 8, 11, and 12 of part I, section 

4 667, chapters 4, 6, 8, and 9 of part II of the Foreign 

5 Assistance Act of 1961, section 23 of the Arms Export 

6 Control Act, and funds provided under the heading ‘‘As7 sistance for Eastern Europe and the Baltic States’’, shall 

8 remain available for an additional 4 years from the date 

9 on which the availability of such funds would otherwise 

10 have expired, if such funds are initially obligated before 

11 the expiration of their respective periods of availability 

12 contained in this Act: Provided further, That, notwith13 standing any other provision of this Act, any funds made 

14 available for the purposes of chapter 1 of part I and chap15 ter 4 of part II of the Foreign Assistance Act of 1961 

16 which are allocated or obligated for cash disbursements 

17 in order to address balance of payments or economic policy 

18 reform objectives, shall remain available until expended. 

19 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

20 SEC. 512. No part of any appropriation contained in 

21 this Act shall be used to furnish assistance to the govern22 ment of any country which is in default during a period 

23 in excess of 1 calendar year in payment to the United 

24 States of principal or interest on any loan made to the 

25 government of such country by the United States pursuant 

26 to a program for which funds are appropriated under this 
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•HR 3057 EH 

1 Act unless the President determines, following consulta2 tions with the Committees on Appropriations, that assist3 ance to such country is in the national interest of the 

4 United States. 

5 COMMERCE AND TRADE

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

7 made available pursuant to this Act for direct assistance 

8 and none of the funds otherwise made available pursuant 

9 to this Act to the Export-Import Bank and the Overseas 

10 Private Investment Corporation shall be obligated or ex11 pended to finance any loan, any assistance or any other 

12 financial commitments for establishing or expanding pro13 duction of any commodity for export by any country other 

14 than the United States, if the commodity is likely to be 

15 in surplus on world markets at the time the resulting pro16 ductive capacity is expected to become operative and if the 

17 assistance will cause substantial injury to United States 

18 producers of the same, similar, or competing commodity: 

19 Provided, That such prohibition shall not apply to the Ex20 port-Import Bank if in the judgment of its Board of Direc21 tors the benefits to industry and employment in the 

22 United States are likely to outweigh the injury to United 

23 States producers of the same, similar, or competing com24 modity, and the Chairman of the Board so notifies the 

25 Committees on Appropriations. 
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•HR 3057 EH 

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

2 other Act to carry out chapter 1 of part I of the Foreign 

3 Assistance Act of 1961 shall be available for any testing 

4 or breeding feasibility study, variety improvement or intro5 duction, consultancy, publication, conference, or training 

6 in connection with the growth or production in a foreign 

7 country of an agricultural commodity for export which 

8 would compete with a similar commodity grown or pro9 duced in the United States: Provided, That this subsection 

10 shall not prohibit—

11 (1) activities designed to increase food security 

12 in developing countries where such activities will not 

13 have a significant impact on the export of agricul14 tural commodities of the United States; or 

15 (2) research activities intended primarily to 

16 benefit American producers. 

17 SURPLUS COMMODITIES

18 SEC. 514. The Secretary of the Treasury shall in19 struct the United States Executive Directors of the Inter20 national Bank for Reconstruction and Development, the 

21 International Development Association, the International 

22 Finance Corporation, the Inter-American Development 

23 Bank, the International Monetary Fund, the Asian Devel24 opment Bank, the Inter-American Investment Corpora25 tion, the North American Development Bank, the Euro26 pean Bank for Reconstruction and Development, the Afri-
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•HR 3057 EH 

1 can Development Bank, and the African Development 

2 Fund to use the voice and vote of the United States to 

3 oppose any assistance by these institutions, using funds 

4 appropriated or made available pursuant to this Act, for 

5 the production or extraction of any commodity or mineral 

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

7 assistance will cause substantial injury to United States 

8 producers of the same, similar, or competing commodity. 

9 NOTIFICATION REQUIREMENTS

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

11 branch with the necessary administrative flexibility, none 

12 of the funds made available under this Act for ‘‘Child Sur13 vival and Health Programs Fund’’, ‘‘Development Assist14 ance’’, ‘‘International Organizations and Programs’’, 

15 ‘‘Trade and Development Agency’’, ‘‘International Nar16 cotics Control and Law Enforcement’’, ‘‘Andean 

17 Counterdrug Initiative’’, ‘‘Assistance for Eastern Europe 

18 and the Baltic States’’, ‘‘Assistance for the Independent 

19 States of the Former Soviet Union’’, ‘‘Economic Support 

20 Fund’’, ‘‘Global HIV/AIDS Initiative’’, ‘‘Peacekeeping 

21 Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Ex22 penses of the United States Agency for International De23 velopment’’, ‘‘Operating Expenses of the United States 

24 Agency for International Development Office of Inspector 

25 General’’, ‘‘Nonproliferation, Anti-terrorism, Demining 

26 and Related Programs’’, ‘‘Millennium Challenge Corpora-
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•HR 3057 EH 

1 tion’’ (by country only), ‘‘Foreign Military Financing Pro2 gram’’, ‘‘International Military Education and Training’’, 

3 ‘‘Peace Corps’’, and ‘‘Migration and Refugee Assistance’’, 

4 shall be available for obligation for activities, programs, 

5 projects, type of materiel assistance, countries, or other 

6 operations not justified or in excess of the amount justi7 fied to the Committees on Appropriations for obligation 

8 under any of these specific headings unless the Commit9 tees on Appropriations of both Houses of Congress are 

10 previously notified 15 days in advance: Provided, That the 

11 President shall not enter into any commitment of funds 

12 appropriated for the purposes of section 23 of the Arms 

13 Export Control Act for the provision of major defense 

14 equipment, other than conventional ammunition, or other 

15 major defense items defined to be aircraft, ships, missiles, 

16 or combat vehicles, not previously justified to Congress or 

17 20 percent in excess of the quantities justified to Congress 

18 unless the Committees on Appropriations are notified 15 

19 days in advance of such commitment: Provided further, 

20 That this section shall not apply to any reprogramming 

21 for an activity, program, or project for which funds are 

22 appropriated under title II of this Act of less than 10 per23 cent of the amount previously justified to the Congress 

24 for obligation for such activity, program, or project for the 

25 current fiscal year: Provided further, That the require-
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•HR 3057 EH 

1 ments of this section or any similar provision of this Act 

2 or any other Act, including any prior Act requiring notifi3 cation in accordance with the regular notification proce4 dures of the Committees on Appropriations, may be 

5 waived if failure to do so would pose a substantial risk 

6 to human health or welfare: Provided further, That in case 

7 of any such waiver, notification to the Congress, or the 

8 appropriate congressional committees, shall be provided as 

9 early as practicable, but in no event later than 3 days after 

10 taking the action to which such notification requirement 

11 was applicable, in the context of the circumstances neces12 sitating such waiver: Provided further, That any notifica13 tion provided pursuant to such a waiver shall contain an 

14 explanation of the emergency circumstances. 

15 LIMITATION ON AVAILABILITY OF FUNDS FOR

16 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

17 SEC. 516. Subject to the regular notification proce18 dures of the Committees on Appropriations, funds appro19 priated under this Act or any previously enacted Act mak20 ing appropriations for foreign operations, export financ21 ing, and related programs, which are returned or not made 

22 available for organizations and programs because of the 

23 implementation of section 307(a) of the Foreign Assist24 ance Act of 1961, shall remain available for obligation 

25 until September 30, 2007. 
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•HR 3057 EH 

1 INDEPENDENT STATES OF THE FORMER SOVIET UNION

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

3 the heading ‘‘Assistance for the Independent States of the 

4 Former Soviet Union’’ shall be made available for assist5 ance for a government of an Independent State of the 

6 former Soviet Union—

7 (1) unless that government is making progress 

8 in implementing comprehensive economic reforms 

9 based on market principles, private ownership, re10 spect for commercial contracts, and equitable treat11 ment of foreign private investments; and 

12 (2) if that government applies or transfers 

13 United States assistance to any entity for the pur14 pose of expropriating or seizing ownership or control 

15 of assets, investments, or ventures. 

16 Assistance may be furnished without regard to this sub17 section if the President determines that to do so is in the 

18 national interest. 

19 (b) None of the funds appropriated under the heading 

20 ‘‘Assistance for the Independent States of the Former So21 viet Union’’ shall be made available for assistance for a 

22 government of an Independent State of the former Soviet 

23 Union if that government directs any action in violation 

24 of the territorial integrity or national sovereignty of any 

25 other Independent State of the former Soviet Union, such 
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•HR 3057 EH 

1 as those violations included in the Helsinki Final Act: Pro2 vided, That such funds may be made available without re3 gard to the restriction in this subsection if the President 

4 determines that to do so is in the national security interest 

5 of the United States. 

6 (c) None of the funds appropriated under the heading 

7 ‘‘Assistance for the Independent States of the Former So8 viet Union’’ shall be made available for any state to en9 hance its military capability: Provided, That this restric10 tion does not apply to demilitarization, demining or non11 proliferation programs. 

12 (d) Funds appropriated under the heading ‘‘Assist13 ance for the Independent States of the Former Soviet 

14 Union’’ for the Russian Federation, Armenia, 

15 Kazakhstan, and Uzbekistan shall be subject to the reg16 ular notification procedures of the Committees on Appro17 priations. 

18 (e) Funds made available in this Act for assistance 

19 for the Independent States of the former Soviet Union 

20 shall be subject to the provisions of section 117 (relating 

21 to environment and natural resources) of the Foreign As22 sistance Act of 1961. 

23 (f) In issuing new task orders, entering into con24 tracts, or making grants, with funds appropriated in this 

25 Act or prior appropriations Acts under the heading ‘‘As-
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•HR 3057 EH 

1 sistance for the Independent States of the Former Soviet 

2 Union’’ and under comparable headings in prior appro3 priations Acts, for projects or activities that have as one 

4 of their primary purposes the fostering of private sector 

5 development, the Coordinator for United States Assistance 

6 to Europe and Eurasia and the implementing agency shall 

7 encourage the participation of and give significant weight 

8 to contractors and grantees who propose investing a sig9 nificant amount of their own resources (including volun10 teer services and in-kind contributions) in such projects 

11 and activities. 

12 PROHIBITION ON FUNDING FOR ABORTIONS AND

13 INVOLUNTARY STERILIZATION

14 SEC. 518. None of the funds made available to carry 

15 out part I of the Foreign Assistance Act of 1961, as 

16 amended, may be used to pay for the performance of abor17 tions as a method of family planning or to motivate or 

18 coerce any person to practice abortions. None of the funds 

19 made available to carry out part I of the Foreign Assist20 ance Act of 1961, as amended, may be used to pay for 

21 the performance of involuntary sterilization as a method 

22 of family planning or to coerce or provide any financial 

23 incentive to any person to undergo sterilizations. None of 

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

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

26 for any biomedical research which relates in whole or in 
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•HR 3057 EH 

1 part, to methods of, or the performance of, abortions or 

2 involuntary sterilization as a means of family planning. 

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

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

5 obligated or expended for any country or organization if 

6 the President certifies that the use of these funds by any 

7 such country or organization would violate any of the 

8 above provisions related to abortions and involuntary steri9 lizations. 

10 EXPORT FINANCING TRANSFER AUTHORITIES

11 SEC. 519. Not to exceed 5 percent of any appropria12 tion other than for administrative expenses made available 

13 for fiscal year 2006, for programs under title I of this 

14 Act may be transferred between such appropriations for 

15 use for any of the purposes, programs, and activities for 

16 which the funds in such receiving account may be used, 

17 but no such appropriation, except as otherwise specifically 

18 provided, shall be increased by more than 25 percent by 

19 any such transfer: Provided, That the exercise of such au20 thority shall be subject to the regular notification proce21 dures of the Committees on Appropriations. 

22 SPECIAL NOTIFICATION REQUIREMENTS

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

24 shall be obligated or expended for Serbia, Sudan, 

25 Zimbabwe, or Pakistan, except as provided through the 
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1 regular notification procedures of the Committees on Ap2 propriations. 

3 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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

5 project, and activity’’ shall be defined at the appropria6 tions Act account level and shall include all appropriations 

7 and authorizations Acts earmarks, ceilings, and limita8 tions with the exception that for the following accounts: 

9 Economic Support Fund and Foreign Military Financing 

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

11 considered to include country, regional, and central pro12 gram level funding within each such account; for the devel13 opment assistance accounts of the United States Agency 

14 for International Development ‘‘program, project, and ac15 tivity’’ shall also be considered to include central, country, 

16 regional, and program level funding, either as: (1) justified 

17 to the Congress; or (2) allocated by the executive branch 

18 in accordance with a report, to be provided to the Commit19 tees on Appropriations within 30 days of the enactment 

20 of this Act, as required by section 653(a) of the Foreign 

21 Assistance Act of 1961. 

22 CHILD SURVIVAL AND HEALTH ACTIVITIES

23 SEC. 522. Up to $13,500,000 of the funds made 

24 available by this Act for assistance under the heading 

25 ‘‘Child Survival and Health Programs Fund’’, may be 

26 used to reimburse United States Government agencies, 
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•HR 3057 EH 

1 agencies of State governments, institutions of higher 

2 learning, and private and voluntary organizations for the 

3 full cost of individuals (including for the personal services 

4 of such individuals) detailed or assigned to, or contracted 

5 by, as the case may be, the United States Agency for 

6 International Development for the purpose of carrying out 

7 activities under that heading: Provided, That up to 

8 $3,500,000 of the funds made available by this Act for 

9 assistance under the heading ‘‘Development Assistance’’ 

10 may be used to reimburse such agencies, institutions, and 

11 organizations for such costs of such individuals carrying 

12 out other development assistance activities: Provided fur13 ther, That funds appropriated by titles II and III of this 

14 Act that are made available for bilateral assistance for 

15 child survival activities or disease programs including ac16 tivities relating to research on, and the prevention, treat17 ment and control of, HIV/AIDS may be made available 

18 notwithstanding any provision of the Foreign Assistance 

19 Act of 1961 and any other provision of law that restricts 

20 assistance to foreign countries except for the provisions 

21 under the heading ‘‘Child Survival and Health Programs 

22 Fund’’ and the United States Leadership Against HIV/

23 AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 

24 711; 22 U.S.C. 7601 et seq.), as amended. 
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•HR 3057 EH 

1 AFGHANISTAN

2 SEC. 523. Of the funds appropriated by titles II and 

3 III of this Act, not less than $954,000,000 should be made 

4 available for humanitarian, reconstruction, and related as5 sistance for Afghanistan: Provided, That of the funds allo6 cated for assistance for Afghanistan from this Act and 

7 other Acts making appropriations for foreign operations, 

8 export financing, and related programs for fiscal year 

9 2006, not less than $50,000,000 should be made available 

10 to support programs that directly address the needs of Af11 ghan women and girls. 

12 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

13 SEC. 524. Prior to providing excess Department of 

14 Defense articles in accordance with section 516(a) of the 

15 Foreign Assistance Act of 1961, the Department of De16 fense shall notify the Committees on Appropriations to the 

17 same extent and under the same conditions as are other 

18 committees pursuant to subsection (f) of that section: Pro19 vided, That before issuing a letter of offer to sell excess 

20 defense articles under the Arms Export Control Act, the 

21 Department of Defense shall notify the Committees on 

22 Appropriations in accordance with the regular notification 

23 procedures of such Committees if such defense articles are 

24 significant military equipment (as defined in section 47(9) 

25 of the Arms Export Control Act) or are valued (in terms 

26 of original acquisition cost) at $7,000,000 or more, or if 
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•HR 3057 EH 

1 notification is required elsewhere in this Act for the use 

2 of appropriated funds for specific countries that would re3 ceive such excess defense articles: Provided further, That 

4 such Committees shall also be informed of the original ac5 quisition cost of such defense articles. 

6 HIV/AIDS

7 SEC. 525. (a) Notwithstanding any other provision 

8 of this Act, 25 percent of the funds that are appropriated 

9 by this Act for a contribution to support the Global Fund 

10 to Fight AIDS, Tuberculosis and Malaria (the ‘‘Global 

11 Fund’’) shall be withheld from obligation to the Global 

12 Fund until the Secretary of State certifies to the Commit13 tees on Appropriations that the Global Fund—

14 (1) has established clear progress indicators 

15 upon which to determine the release of incremental 

16 disbursements; 

17 (2) is releasing such incremental disbursements 

18 only if positive results have been attained based on 

19 those indicators; and 

20 (3) is providing support and oversight to coun21 try-level entities, such as country coordinating mech22 anisms, principal recipients, and local Fund agents, 

23 to enable them to fulfill their mandates. 

24 (b) The Secretary of State may waive paragraph (1) 

25 of this subsection if she determines and reports to the 
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•HR 3057 EH 

1 Committees on Appropriations that such waiver is impor2 tant to the national interest of the United States. 

3 DEMOCRACY PROGRAMS

4 SEC. 526. (a) Not less than $27,000,000 (increased 

5 by $9,000,000) of the funds appropriated by this Act 

6 under the heading ‘‘Economic Support Fund’’ should be 

7 allocated for the Human Rights and Democracy Fund: 

8 Provided, That up to $1,200,000 may be used for the 

9 Reagan/Fascell Democracy Fellows program. 

10 (b) Notwithstanding any other provision of law that 

11 restricts assistance to foreign countries, up to $1,500,000 

12 of the funds appropriated by this Act under the heading 

13 ‘‘Economic Support Fund’’ may be provided to make 

14 grants to educational, humanitarian, and nongovern15 mental organizations and individuals inside Iran and Syria 

16 to support the advancement of democracy and human 

17 rights in Iran and Syria, and such funds may be provided 

18 through the National Endowment for Democracy. 

19 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

20 COUNTRIES

21 SEC. 527. (a) Funds appropriated for bilateral assist22 ance under any heading of this Act and funds appro23 priated under any such heading in a provision of law en24 acted prior to the enactment of this Act, shall not be made 

25 available to any country which the President determines—
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•HR 3057 EH 

1 (1) grants sanctuary from prosecution to any 

2 individual or group which has committed an act of 

3 international terrorism; or 

4 (2) otherwise supports international terrorism. 

5 (b) The President may waive the application of sub6 section (a) to a country if the President determines that 

7 national security or humanitarian reasons justify such 

8 waiver. The President shall publish each waiver in the 

9 Federal Register and, at least 15 days before the waiver 

10 takes effect, shall notify the Committees on Appropria11 tions of the waiver (including the justification for the waiv12 er) in accordance with the regular notification procedures 

13 of the Committees on Appropriations. 

14 DEBT-FOR-DEVELOPMENT

15 SEC. 528. In order to enhance the continued partici16 pation of nongovernmental organizations in debt-for-devel17 opment and debt-for-nature exchanges, a nongovern18 mental organization which is a grantee or contractor of 

19 the United States Agency for International Development 

20 may place in interest bearing accounts local currencies 

21 which accrue to that organization as a result of economic 

22 assistance provided under title II of this Act and, subject 

23 to the regular notification procedures of the Committees 

24 on Appropriations, any interest earned on such investment 

25 shall be used for the purpose for which the assistance was 

26 provided to that organization. 
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1 SEPARATE ACCOUNTS

2 SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL

3 CURRENCIES.—(1) If assistance is furnished to the gov4 ernment of a foreign country under chapters 1 and 10 of 

5 part I or chapter 4 of part II of the Foreign Assistance 

6 Act of 1961 under agreements which result in the genera7 tion of local currencies of that country, the Administrator 

8 of the United States Agency for International Develop9 ment shall—

10 (A) require that local currencies be deposited in 

11 a separate account established by that government; 

12 (B) enter into an agreement with that govern13 ment which sets forth—

14 (i) the amount of the local currencies to be 

15 generated; and 

16 (ii) the terms and conditions under which 

17 the currencies so deposited may be utilized, con18 sistent with this section; and 

19 (C) establish by agreement with that govern20 ment the responsibilities of the United States Agen21 cy for International Development and that govern22 ment to monitor and account for deposits into and 

23 disbursements from the separate account. 

24 (2) USES OF LOCAL CURRENCIES.—As may be agreed 

25 upon with the foreign government, local currencies depos-
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•HR 3057 EH 

1 ited in a separate account pursuant to subsection (a), or 

2 an equivalent amount of local currencies, shall be used 

3 only—

4 (A) to carry out chapter 1 or 10 of part I or 

5 chapter 4 of part II (as the case may be), for such 

6 purposes as—

7 (i) project and sector assistance activities; 

8 or 

9 (ii) debt and deficit financing; or 

10 (B) for the administrative requirements of the 

11 United States Government. 

12 (3) PROGRAMMING ACCOUNTABILITY.—The United 

13 States Agency for International Development shall take all 

14 necessary steps to ensure that the equivalent of the local 

15 currencies disbursed pursuant to subsection (a)(2)(A) 

16 from the separate account established pursuant to sub17 section (a)(1) are used for the purposes agreed upon pur18 suant to subsection (a)(2). 

19 (4) TERMINATION OF ASSISTANCE PROGRAMS.—

20 Upon termination of assistance to a country under chapter 

21 1 or 10 of part I or chapter 4 of part II (as the case 

22 may be), any unencumbered balances of funds which re23 main in a separate account established pursuant to sub24 section (a) shall be disposed of for such purposes as may 
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•HR 3057 EH 

1 be agreed to by the government of that country and the 

2 United States Government. 

3 (5) REPORTING REQUIREMENT.—The Administrator 

4 of the United States Agency for International Develop5 ment shall report on an annual basis as part of the jus6 tification documents submitted to the Committees on Ap7 propriations on the use of local currencies for the adminis8 trative requirements of the United States Government as 

9 authorized in subsection (a)(2)(B), and such report shall 

10 include the amount of local currency (and United States 

11 dollar equivalent) used and/or to be used for such purpose 

12 in each applicable country. 

13 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—

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

15 a foreign country, under chapter 1 or 10 of part I or chap16 ter 4 of part II of the Foreign Assistance Act of 1961, 

17 as cash transfer assistance or as nonproject sector assist18 ance, that country shall be required to maintain such 

19 funds in a separate account and not commingle them with 

20 any other funds. 

21 (2) APPLICABILITY OF OTHER PROVISIONS OF

22 LAW.—Such funds may be obligated and expended not23 withstanding provisions of law which are inconsistent with 

24 the nature of this assistance including provisions which 

25 are referenced in the Joint Explanatory Statement of the 
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•HR 3057 EH 

1 Committee of Conference accompanying House Joint Res2 olution 648 (House Report No. 98–1159). 

3 (3) NOTIFICATION.—At least 15 days prior to obli4 gating any such cash transfer or nonproject sector assist5 ance, the President shall submit a notification through the 

6 regular notification procedures of the Committees on Ap7 propriations, which shall include a detailed description of 

8 how the funds proposed to be made available will be used, 

9 with a discussion of the United States interests that will 

10 be served by the assistance (including, as appropriate, a 

11 description of the economic policy reforms that will be pro12 moted by such assistance). 

13 (4) EXEMPTION.—Nonproject sector assistance funds 

14 may be exempt from the requirements of subsection (b)(1) 

15 only through the notification procedures of the Commit16 tees on Appropriations. 

17 ENTERPRISE FUND RESTRICTIONS

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

19 resulting from any liquidation, dissolution, or winding up 

20 of an Enterprise Fund, in whole or in part, the President 

21 shall submit to the Committees on Appropriations, in ac22 cordance with the regular notification procedures of the 

23 Committees on Appropriations, a plan for the distribution 

24 of the assets of the Enterprise Fund. 
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1 (b) Funds made available by this Act for Enterprise 

2 Funds shall be expended at the minimum rate necessary 

3 to make timely payment for projects and activities. 

4 FINANCIAL MARKET ASSISTANCE IN TRANSITION

5 COUNTRIES

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

7 under the headings ‘‘Trade and Development Agency’’, 

8 ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, 

9 ‘‘Economic Support Fund’’, ‘‘International Affairs Tech10 nical Assistance’’, ‘‘Assistance for the Independent States 

11 of the Former Soviet Union’’, ‘‘Nonproliferation, Anti-ter12 rorism, Demining and Related Programs’’, and ‘‘Assist13 ance for Eastern Europe and Baltic States’’, not less than 

14 $40,000,000 should be made available for building capital 

15 markets and financial systems in countries in transition. 

16 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

17 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

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

19 provisions of this Act, and provisions contained in prior 

20 Acts authorizing or making appropriations for foreign op21 erations, export financing, and related programs, shall not 

22 be construed to prohibit activities authorized by or con23 ducted under the Peace Corps Act, the Inter-American 

24 Foundation Act or the African Development Foundation 

25 Act. The agency shall promptly report to the Committees 

26 on Appropriations whenever it is conducting activities or 
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1 is proposing to conduct activities in a country for which 

2 assistance is prohibited. 

3 IMPACT ON JOBS IN THE UNITED STATES

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

5 may be obligated or expended to provide—

6 (1) any financial incentive to a business enter7 prise currently located in the United States for the 

8 purpose of inducing such an enterprise to relocate 

9 outside the United States if such incentive or in10 ducement is likely to reduce the number of employ11 ees of such business enterprise in the United States 

12 because United States production is being replaced 

13 by such enterprise outside the United States; or 

14 (2) assistance for any program, project, or ac15 tivity that contributes to the violation of internation16 ally recognized workers rights, as defined in section 

17 507(4) of the Trade Act of 1974, of workers in the 

18 recipient country, including any designated zone or 

19 area in that country: Provided, That the application 

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

21 commensurate with the level of development of the 

22 recipient country and sector, and shall not preclude 

23 assistance for the informal sector in such country, 

24 micro and small-scale enterprise, and smallholder 

25 agriculture. 
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•HR 3057 EH 

1 SPECIAL AUTHORITIES

2 SEC. 534. (a) AFGHANISTAN, PAKISTAN, LEBANON, 

3 MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, 

4 AND DISPLACED BURMESE.—Funds appropriated by this 

5 Act that are made available for assistance for Afghanistan 

6 may be made available notwithstanding section 512 of this 

7 Act or any similar provision of law and section 660 of the 

8 Foreign Assistance Act of 1961, and funds appropriated 

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

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

11 displaced children, and displaced Burmese, and to assist 

12 victims of trafficking in persons and, subject to the regular 

13 notification procedures of the Committees on Appropria14 tions, to combat such trafficking, may be made available 

15 notwithstanding any other provision of law that restricts 

16 assistance to foreign countries and section 660 of the For17 eign Assistance Act of 1961. 

18 (b) TROPICAL FORESTRY AND BIODIVERSITY CON19 SERVATION ACTIVITIES.—Funds appropriated by this Act 

20 to carry out the provisions of sections 103 through 106, 

21 and chapter 4 of part II, of the Foreign Assistance Act 

22 of 1961 may be used, notwithstanding any other provision 

23 of law that restricts assistance to foreign countries and 

24 section 660 of the Foreign Assistance Act of 1961, for 

25 the purpose of supporting tropical forestry and biodiver-
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•HR 3057 EH 

1 sity conservation activities and energy programs aimed at 

2 reducing greenhouse gas emissions: Provided, That such 

3 assistance shall be subject to sections 116, 502B, and 

4 620A of the Foreign Assistance Act of 1961. 

5 (c) PERSONAL SERVICES CONTRACTORS.—Funds ap6 propriated by this Act to carry out chapter 1 of part I, 

7 chapter 4 of part II, and section 667 of the Foreign As8 sistance Act of 1961, and title II of the Agricultural Trade 

9 Development and Assistance Act of 1954, may be used 

10 by the United States Agency for International Develop11 ment to employ up to 25 personal services contractors in 

12 the United States, for the purpose of providing direct, in13 terim support for new or expanded overseas programs and 

14 activities managed by the agency until permanent direct 

15 hire personnel are hired and trained: Provided, That not 

16 more than 10 of such contractors shall be assigned to any 

17 bureau or office: Provided further, That such funds appro18 priated to carry out title II of the Agricultural Trade De19 velopment and Assistance Act of 1954, may be made avail20 able only for personal services contractors assigned to the 

21 Office of Food for Peace. 

22 (d)(1) WAIVER.—The President may waive the provi23 sions of section 1003 of Public Law 100–204 if the Presi24 dent determines and certifies in writing to the Speaker 

25 of the House of Representatives and the President pro 
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•HR 3057 EH 

1 tempore of the Senate that it is important to the national 

2 security interests of the United States. 

3 (2) PERIOD OF APPLICATION OF WAIVER.—Any 

4 waiver pursuant to paragraph (1) shall be effective for no 

5 more than a period of 6 months at a time and shall not 

6 apply beyond 12 months after the enactment of this Act. 

7 (e) SMALL BUSINESS.—In entering into multiple 

8 award indefinite-quantity contracts with funds appro9 priated by this Act, the United States Agency for Inter10 national Development may provide an exception to the fair 

11 opportunity process for placing task orders under such 

12 contracts when the order is placed with any category of 

13 small or small disadvantaged business. 

14 (f) CONTINGENCIES.—During fiscal year 2006, the 

15 President may use up to $45,000,000 under the authority 

16 of section 451 of the Foreign Assistance Act of 1961, not17 withstanding the funding ceiling in section 451(a). 

18 (g) RECONSTITUTING CIVILIAN POLICE AUTHOR19 ITY.—In providing assistance with funds appropriated by 

20 this Act under section 660(b)(6) of the Foreign Assistance 

21 Act of 1961, support for a nation emerging from insta22 bility may be deemed to mean support for regional, dis23 trict, municipal, or other sub-national entity emerging 

24 from instability, as well as a nation emerging from insta25 bility. 
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•HR 3057 EH 

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

2 by the Bureau for Democracy, Conflict, and Humanitarian 

3 Assistance of the United States Agency for International 

4 Development, from this or any other Act, not less than 

5 $6,000,000 shall be made available as a general contribu6 tion to the World Food Program, notwithstanding any 

7 other provision of law that restricts assistance to foreign 

8 countries. 

9 (i) NATIONAL ENDOWMENT FOR DEMOCRACY.—

10 Funds appropriated by this Act that are provided to the 

11 National Endowment for Democracy may be provided not12 withstanding any other provision of law or regulation that 

13 restricts assistance to foreign countries.

14 ARAB LEAGUE BOYCOTT OF ISRAEL

15 SEC. 535. It is the sense of the Congress that—

16 (1) the Arab League boycott of Israel, and the 

17 secondary boycott of American firms that have com18 mercial ties with Israel, is an impediment to peace 

19 in the region and to United States investment and 

20 trade in the Middle East and North Africa; 

21 (2) the Arab League boycott, which was regret22 tably reinstated in 1997, should be immediately and 

23 publicly terminated, and the Central Office for the 

24 Boycott of Israel immediately disbanded; 

25 (3) all Arab League states should normalize re26 lations with their neighbor Israel; 
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•HR 3057 EH 

1 (4) the President and the Secretary of State 

2 should continue to vigorously oppose the Arab 

3 League boycott of Israel and find concrete steps to 

4 demonstrate that opposition by, for example, taking 

5 into consideration the participation of any recipient 

6 country in the boycott when determining to sell 

7 weapons to said country; and 

8 (5) the President should report to Congress an9 nually on specific steps being taken by the United 

10 States to encourage Arab League states to normalize 

11 their relations with Israel to bring about the termi12 nation of the Arab League boycott of Israel, includ13 ing those to encourage allies and trading partners of 

14 the United States to enact laws prohibiting busi15 nesses from complying with the boycott and penal16 izing businesses that do comply. 

17 ELIGIBILITY FOR ASSISTANCE

18 SEC. 536. (a) ASSISTANCE THROUGH NONGOVERN19 MENTAL ORGANIZATIONS.—Restrictions on assistance for 

20 foreign countries contained in this or any other Act shall 

21 not be construed to restrict assistance in support of pro22 grams of nongovernmental organizations from funds ap23 propriated by this Act to carry out the provisions of chap24 ters 1, 10, 11, and 12 of part I and chapter 4 of part 

25 II of the Foreign Assistance Act of 1961, and from funds 

26 appropriated under the heading ‘‘Assistance for Eastern 
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•HR 3057 EH 

1 Europe and the Baltic States’’: Provided, That before 

2 using the authority of this subsection to furnish assistance 

3 in support of programs of nongovernmental organizations, 

4 the President shall notify the Committees on Appropria5 tions under the regular notification procedures of those 

6 committees, including a description of the program to be 

7 assisted, the assistance to be provided, and the reasons 

8 for furnishing such assistance: Provided further, That 

9 nothing in this subsection shall be construed to alter any 

10 existing statutory prohibitions against abortion or involun11 tary sterilizations contained in this or any other Act. 

12 (b) PUBLIC LAW 480.—During fiscal year 2006, re13 strictions on assistance to foreign countries contained in 

14 this or any other Act shall not be construed to restrict 

15 assistance under the Agricultural Trade Development and 

16 Assistance Act of 1954: Provided, That none of the funds 

17 appropriated to carry out title I of such Act and made 

18 available pursuant to this subsection may be obligated or 

19 expended except as provided through the regular notifica20 tion procedures of the Committees on Appropriations. 

21 (c) EXCEPTION.—This section shall not apply—

22 (1) with respect to section 620A of the Foreign 

23 Assistance Act of 1961 or any comparable provision 

24 of law prohibiting assistance to countries that sup25 port international terrorism; or 
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•HR 3057 EH 

1 (2) with respect to section 116 of the Foreign 

2 Assistance Act of 1961 or any comparable provision 

3 of law prohibiting assistance to the government of a 

4 country that violates internationally recognized 

5 human rights. 

6 RESERVATIONS OF FUNDS

7 SEC. 537. (a) Funds appropriated by this Act which 

8 are earmarked may be reprogrammed for other programs 

9 within the same account notwithstanding the earmark if 

10 compliance with the earmark is made impossible by oper11 ation of any provision of this Act or any other provision 

12 contained in prior Acts authorizing or making appropria13 tions for foreign operations, export financing, and related 

14 programs: Provided, That any such reprogramming shall 

15 be subject to the regular notification procedures of the 

16 Committees on Appropriations: Provided further, That as17 sistance that is reprogrammed pursuant to this subsection 

18 shall be made available under the same terms and condi19 tions as originally provided. 

20 (b) In addition to the authority contained in sub21 section (a), the original period of availability of funds ap22 propriated by this Act and administered by the United 

23 States Agency for International Development that are ear24 marked for particular programs or activities by this or any 

25 other Act shall be extended for an additional fiscal year 

26 if the Administrator of such agency determines and re-
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•HR 3057 EH 

1 ports promptly to the Committees on Appropriations that 

2 the termination of assistance to a country or a significant 

3 change in circumstances makes it unlikely that such ear4 marked funds can be obligated during the original period 

5 of availability: Provided, That such earmarked funds that 

6 are continued available for an additional fiscal year shall 

7 be obligated only for the purpose of such earmark. 

8 CEILINGS AND EARMARKS

9 SEC. 538. Ceilings and earmarks contained in this 

10 Act shall not be applicable to funds or authorities appro11 priated or otherwise made available by any subsequent Act 

12 unless such Act specifically so directs. Earmarks or min13 imum funding requirements contained in any other Act 

14 shall not be applicable to funds appropriated by this Act. 

15 PROHIBITION ON PUBLICITY OR PROPAGANDA

16 SEC. 539. No part of any appropriation contained in 

17 this Act shall be used for publicity or propaganda purposes 

18 within the United States not authorized before the date 

19 of the enactment of this Act by the Congress. 

20 PROHIBITION OF PAYMENTS TO UNITED NATIONS

21 MEMBERS

22 SEC. 540. None of the funds appropriated or made 

23 available pursuant to this Act for carrying out the Foreign 

24 Assistance Act of 1961, may be used to pay in whole or 

25 in part any assessments, arrearages, or dues of any mem26 ber of the United Nations or, from funds appropriated by 
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•HR 3057 EH 

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

2 Assistance Act of 1961, the costs for participation of an3 other country’s delegation at international conferences 

4 held under the auspices of multilateral or international or5 ganizations. 

6 NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION

7 SEC. 541. None of the funds appropriated or made 

8 available pursuant to this Act shall be available to a non9 governmental organization which fails to provide upon 

10 timely request any document, file, or record necessary to 

11 the auditing requirements of the United States Agency for 

12 International Development. 

13 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN14 MENTS THAT EXPORT LETHAL MILITARY EQUIP15 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

16 TERRORISM

17 SEC. 542. (a) None of the funds appropriated or oth18 erwise made available by this Act may be available to any 

19 foreign government which provides lethal military equip20 ment to a country the government of which the Secretary 

21 of State has determined is a terrorist government for pur22 poses of section 6(j) of the Export Administration Act of 

23 1979. The prohibition under this section with respect to 

24 a foreign government shall terminate 12 months after that 

25 government ceases to provide such military equipment. 

26 This section applies with respect to lethal military equip-
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•HR 3057 EH 

1 ment provided under a contract entered into after October 

2 1, 1997. 

3 (b) Assistance restricted by subsection (a) or any 

4 other similar provision of law, may be furnished if the 

5 President determines that furnishing such assistance is 

6 important to the national interests of the United States. 

7 (c) Whenever the waiver authority of subsection (b) 

8 is exercised, the President shall submit to the appropriate 

9 congressional committees a report with respect to the fur10 nishing of such assistance. Any such report shall include 

11 a detailed explanation of the assistance to be provided, in12 cluding the estimated dollar amount of such assistance, 

13 and an explanation of how the assistance furthers United 

14 States national interests. 

15 WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND

16 REAL PROPERTY TAXES OWED BY FOREIGN COUNTRIES

17 SEC. 543. (a) Subject to subsection (c), of the funds 

18 appropriated by this Act that are made available for as19 sistance for a foreign country, an amount equal to 110 

20 percent of the total amount of the unpaid fully adjudicated 

21 parking fines and penalties and unpaid property taxes 

22 owed by the central government of such country shall be 

23 withheld from obligation for assistance for the central gov24 ernment of such country until the Secretary of State sub25 mits a certification to the appropriate congressional com-
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•HR 3057 EH 

1 mittees stating that such parking fines and penalties and 

2 unpaid property taxes are fully paid. 

3 (b) Funds withheld from obligation pursuant to sub4 section (a) may be made available for other programs or 

5 activities funded by this Act, after consultation with and 

6 subject to the regular notification procedures of the appro7 priate congressional committees, provided that no such 

8 funds shall be made available for assistance for the central 

9 government of a foreign country that has not paid the 

10 total amount of the fully adjudicated parking fines and 

11 penalties and unpaid property taxes owed by such country. 

12 (c) Subsection (a) shall not include amounts that 

13 have been withheld under any other provision of law. 

14 (d)(1) The Secretary of State may waive the require15 ments set forth in subsection (a) with respect to parking 

16 fines and penalties no sooner than 60 days from the date 

17 of enactment of this Act, or at any time with respect to 

18 a particular country, if the Secretary determines that it 

19 is in the national interests of the United States to do so. 

20 (2) The Secretary of State may waive the require21 ments set forth in subsection (a) with respect to the un22 paid property taxes if the Secretary of State determines 

23 that it is in the national interests of the United States 

24 to do so. 
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•HR 3057 EH 

1 (e) Not later than 6 months after the initial exercise 

2 of the waiver authority in subsection (d), the Secretary 

3 of State, after consultations with the City of New York, 

4 shall submit a report to the Committees on Appropriations 

5 describing a strategy, including a timetable and steps cur6 rently being taken, to collect the parking fines and pen7 alties and unpaid property taxes and interest owed by na8 tions receiving foreign assistance under this Act. 

9 (f) In this section: 

10 (1) The term ‘‘appropriate congressional com11 mittees’’ means the Committee on Appropriations of 

12 the Senate and the Committee on Appropriations of 

13 the House of Representatives. 

14 (2) The term ‘‘fully adjudicated’’ includes cir15 cumstances in which the person to whom the vehicle 

16 is registered—

17 (A)(i) has not responded to the parking 

18 violation summons; or 

19 (ii) has not followed the appropriate adju20 dication procedure to challenge the summons; 

21 and 

22 (B) the period of time for payment of or 

23 challenge to the summons has lapsed. 

24 (3) The term ‘‘parking fines and penalties’’ 

25 means parking fines and penalties—
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•HR 3057 EH 

1 (A) owed to—

2 (i) the District of Columbia; or 

3 (ii) New York, New York; and 

4 (B) incurred during the period April 1, 

5 1997, through September 30, 2005. 

6 (4) The term ‘‘unpaid property taxes’’ means 

7 the amount of unpaid taxes and interest determined 

8 to be owed by a foreign country on real property in 

9 the District of Columbia or New York, New York in 

10 a court order or judgment entered against such 

11 country by a court of the United States or any State 

12 or subdivision thereof. 

13 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE

14 WEST BANK AND GAZA

15 SEC. 544. None of the funds appropriated by this Act 

16 may be obligated for assistance for the Palestine Libera17 tion Organization for the West Bank and Gaza unless the 

18 President has exercised the authority under section 604(a) 

19 of the Middle East Peace Facilitation Act of 1995 (title 

20 VI of Public Law 104–107) or any other legislation to sus21 pend or make inapplicable section 307 of the Foreign As22 sistance Act of 1961 and that suspension is still in effect: 

23 Provided, That if the President fails to make the certifi24 cation under section 604(b)(2) of the Middle East Peace 

25 Facilitation Act of 1995 or to suspend the prohibition 

26 under other legislation, funds appropriated by this Act 
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•HR 3057 EH 

1 may not be obligated for assistance for the Palestine Lib2 eration Organization for the West Bank and Gaza. 

3 WAR CRIMES TRIBUNALS DRAWDOWN

4 SEC. 545. If the President determines that doing so 

5 will contribute to a just resolution of charges regarding 

6 genocide or other violations of international humanitarian 

7 law, the President may direct a drawdown pursuant to sec8 tion 552(c) of the Foreign Assistance Act of 1961 of up 

9 to $30,000,000 of commodities and services for the United 

10 Nations War Crimes Tribunal established with regard to 

11 the former Yugoslavia by the United Nations Security 

12 Council or such other tribunals or commissions as the 

13 Council may establish or authorize to deal with such viola14 tions, without regard to the ceiling limitation contained 

15 in paragraph (2) thereof: Provided, That the determina16 tion required under this section shall be in lieu of any de17 terminations otherwise required under section 552(c): Pro18 vided further, That the drawdown made under this section 

19 for any tribunal shall not be construed as an endorsement 

20 or precedent for the establishment of any standing or per21 manent international criminal tribunal or court: Provided 

22 further, That funds made available for tribunals other 

23 than Yugoslavia, Rwanda, or the Special Court for Sierra 

24 Leone shall be made available subject to the regular notifi25 cation procedures of the Committees on Appropriations. 
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•HR 3057 EH 

1 LANDMINES

2 SEC. 546. Notwithstanding any other provision of law 

3 that restricts assistance to foreign countries, demining 

4 equipment available to the United States Agency for Inter5 national Development and the Department of State and 

6 used in support of the clearance of landmines and 

7 unexploded ordnance for humanitarian purposes may be 

8 disposed of on a grant basis in foreign countries, subject 

9 to such terms and conditions as the President may pre10 scribe. 

11 RESTRICTIONS CONCERNING THE PALESTINIAN

12 AUTHORITY

13 SEC. 547. None of the funds appropriated by this Act 

14 may be obligated or expended to create in any part of Je15 rusalem a new office of any department or agency of the 

16 United States Government for the purpose of conducting 

17 official United States Government business with the Pal18 estinian Authority over Gaza and Jericho or any successor 

19 Palestinian governing entity provided for in the Israel20 PLO Declaration of Principles: Provided, That this re21 striction shall not apply to the acquisition of additional 

22 space for the existing Consulate General in Jerusalem: 

23 Provided further, That meetings between officers and em24 ployees of the United States and officials of the Pales25 tinian Authority, or any successor Palestinian governing 

26 entity provided for in the Israel-PLO Declaration of Prin-
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•HR 3057 EH 

1 ciples, for the purpose of conducting official United States 

2 Government business with such authority should continue 

3 to take place in locations other than Jerusalem. As has 

4 been true in the past, officers and employees of the United 

5 States Government may continue to meet in Jerusalem on 

6 other subjects with Palestinians (including those who now 

7 occupy positions in the Palestinian Authority), have social 

8 contacts, and have incidental discussions. 

9 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

10 SEC. 548. None of the funds appropriated or other11 wise made available by this Act under the heading ‘‘Inter12 national Military Education and Training’’ or ‘‘Foreign 

13 Military Financing Program’’ for Informational Program 

14 activities or under the headings ‘‘Child Survival and 

15 Health Programs Fund’’, ‘‘Development Assistance’’, and 

16 ‘‘Economic Support Fund’’ may be obligated or expended 

17 to pay for—

18 (1) alcoholic beverages; or 

19 (2) entertainment expenses for activities that 

20 are substantially of a recreational character, includ21 ing but not limited to entrance fees at sporting 

22 events, theatrical and musical productions, and 

23 amusement parks. 

24 HAITI

25 SEC. 549. The Government of Haiti shall be eligible 

26 to purchase defense articles and services under the Arms 
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1 Export Control Act (22 U.S.C. 2751 et seq.), for the Coast 

2 Guard. 

3 LIMITATION ON ASSISTANCE TO THE PALESTINIAN

4 AUTHORITY

5 SEC. 550. (a) PROHIBITION OF FUNDS.—None of the 

6 funds appropriated by this Act to carry out the provisions 

7 of chapter 4 of part II of the Foreign Assistance Act of 

8 1961 may be obligated or expended with respect to pro9 viding funds to the Palestinian Authority. 

10 (b) WAIVER.—The prohibition included in subsection 

11 (a) shall not apply if the President certifies in writing to 

12 the Speaker of the House of Representatives and the 

13 President pro tempore of the Senate that waiving such 

14 prohibition is important to the national security interests 

15 of the United States. 

16 (c) PERIOD OF APPLICATION OF WAIVER.—Any 

17 waiver pursuant to subsection (b) shall be effective for no 

18 more than a period of 6 months at a time and shall not 

19 apply beyond 12 months after the enactment of this Act. 

20 (d) REPORT.—Whenever the waiver authority pursu21 ant to subsection (b) is exercised, the President shall sub22 mit a report to the Committees on Appropriations detail23 ing the steps the Palestinian Authority has taken to arrest 

24 terrorists, confiscate weapons and dismantle the terrorist 

25 infrastructure. The report shall also include a description 
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1 of how funds will be spent and the accounting procedures 

2 in place to ensure that they are properly disbursed. 

3 LIMITATION ON ASSISTANCE TO SECURITY FORCES

4 SEC. 551. None of the funds made available by this 

5 Act may be provided to any unit of the security forces 

6 of a foreign country if the Secretary of State has credible 

7 evidence that such unit has committed gross violations of 

8 human rights, unless the Secretary determines and reports 

9 to the Committees on Appropriations that the government 

10 of such country is taking effective measures to bring the 

11 responsible members of the security forces unit to justice: 

12 Provided, That nothing in this section shall be construed 

13 to withhold funds made available by this Act from any 

14 unit of the security forces of a foreign country not credibly 

15 alleged to be involved in gross violations of human rights: 

16 Provided further, That in the event that funds are withheld 

17 from any unit pursuant to this section, the Secretary of 

18 State shall promptly inform the foreign government of the 

19 basis for such action and shall, to the maximum extent 

20 practicable, assist the foreign government in taking effec21 tive measures to bring the responsible members of the se22 curity forces to justice. 

23 FOREIGN MILITARY TRAINING REPORT

24 SEC. 552. The annual foreign military training report 

25 required by section 656 of the Foreign Assistance Act of 

26 1961 shall be submitted by the Secretary of Defense and 
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1 the Secretary of State to the Committees on Appropria2 tions of the House of Representatives and the Senate by 

3 the date specified in that section. 

4 AUTHORIZATION REQUIREMENT

5 SEC. 553. Funds appropriated by this Act, except 

6 funds appropriated under the headings ‘‘Trade and Devel7 opment Agency’’, ‘‘Overseas Private Investment Corpora8 tion’’, and ‘‘Global HIV/AIDS Initiative’’, may be obli9 gated and expended notwithstanding section 10 of Public 

10 Law 91–672 and section 15 of the State Department 

11 Basic Authorities Act of 1956. 

12 CAMBODIA

13 SEC. 554. The Secretary of the Treasury should in14 struct the United States executive directors of the inter15 national financial institutions to use the voice and vote 

16 of the United States to oppose loans to the Central Gov17 ernment of Cambodia, except loans to meet basic human 

18 needs. 

19 PALESTINIAN STATEHOOD

20 SEC. 555. (a) LIMITATION ON ASSISTANCE.—None 

21 of the funds appropriated by this Act may be provided 

22 to support a Palestinian state unless the Secretary of 

23 State determines and certifies to the appropriate congres24 sional committees that—
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1 (1) a new leadership of a Palestinian governing 

2 entity has been democratically elected through cred3 ible and competitive elections; 

4 (2) the elected governing entity of a new Pales5 tinian state—

6 (A) has demonstrated a firm commitment 

7 to peaceful co-existence with the State of Israel; 

8 (B) is taking appropriate measures to 

9 counter terrorism and terrorist financing in the 

10 West Bank and Gaza, including the dismantling 

11 of terrorist infrastructures; 

12 (C) is establishing a new Palestinian secu13 rity entity that is cooperative with appropriate 

14 Israeli and other appropriate security organiza15 tions; and 

16 (3) the Palestinian Authority (or the governing 

17 body of a new Palestinian state) is working with 

18 other countries in the region to vigorously pursue ef19 forts to establish a just, lasting, and comprehensive 

20 peace in the Middle East that will enable Israel and 

21 an independent Palestinian state to exist within the 

22 context of full and normal relationships, which 

23 should include—

24 (A) termination of all claims or states of 

25 belligerency; 
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1 (B) respect for and acknowledgement of 

2 the sovereignty, territorial integrity, and polit3 ical independence of every state in the area 

4 through measures including the establishment 

5 of demilitarized zones; 

6 (C) their right to live in peace within se7 cure and recognized boundaries free from 

8 threats or acts of force; 

9 (D) freedom of navigation through inter10 national waterways in the area; and 

11 (E) a framework for achieving a just set12 tlement of the refugee problem. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that the newly-elected governing entity should enact 

15 a constitution assuring the rule of law, an independent ju16 diciary, and respect for human rights for its citizens, and 

17 should enact other laws and regulations assuring trans18 parent and accountable governance. 

19 (c) WAIVER.—The President may waive subsection 

20 (a) if he determines that it is vital to the national security 

21 interests of the United States to do so. 

22 (d) EXEMPTION.—The restriction in subsection (a) 

23 shall not apply to assistance intended to help reform the 

24 Palestinian Authority and affiliated institutions, or a 

25 newly-elected governing entity, in order to help meet the 
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1 requirements of subsection (a), consistent with the provi2 sions of section 550 of this Act (‘‘Limitation on Assistance 

3 to the Palestinian Authority’’). 

4 COLOMBIA

5 SEC. 556. (a) DETERMINATION AND CERTIFICATION

6 REQUIRED.—Funds appropriated by this Act that are 

7 available for assistance for the Colombian Armed Forces, 

8 may be made available as follows: 

9 (1) Up to 75 percent of such funds may be obli10 gated prior to a determination and certification by 

11 the Secretary of State pursuant to paragraph (2). 

12 (2) Up to 12.5 percent of such funds may be 

13 obligated only after the Secretary of State certifies 

14 and reports to the appropriate congressional com15 mittees that: 

16 (A) The Commander General of the Co17 lombian Armed Forces is suspending from the 

18 Armed Forces those members, of whatever rank 

19 who, according to the Minister of Defense or 

20 the Procuraduria General de la Nacion, have 

21 been credibly alleged to have committed gross 

22 violations of human rights, including extra-judi23 cial killings, or to have aided or abetted para24 military organizations. 

25 (B) The Colombian Government is vigor26 ously investigating and prosecuting those mem-
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1 bers of the Colombian Armed Forces, of what2 ever rank, who have been credibly alleged to 

3 have committed gross violations of human 

4 rights, including extra-judicial killings, or to 

5 have aided or abetted paramilitary organiza6 tions, and is promptly punishing those members 

7 of the Colombian Armed Forces found to have 

8 committed such violations of human rights or to 

9 have aided or abetted paramilitary organiza10 tions. 

11 (C) The Colombian Armed Forces have 

12 made substantial progress in cooperating with 

13 civilian prosecutors and judicial authorities in 

14 such cases (including providing requested infor15 mation, such as the identity of persons sus16 pended from the Armed Forces and the nature 

17 and cause of the suspension, and access to wit18 nesses, relevant military documents, and other 

19 requested information). 

20 (D) The Colombian Armed Forces have 

21 made substantial progress in severing links (in22 cluding denying access to military intelligence, 

23 vehicles, and other equipment or supplies, and 

24 ceasing other forms of active or tacit coopera25 tion) at the command, battalion, and brigade 
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1 levels, with paramilitary organizations, espe2 cially in regions where these organizations have 

3 a significant presence. 

4 (E) The Colombian Government is disman5 tling paramilitary leadership and financial net6 works by arresting commanders and financial 

7 backers, especially in regions where these net8 works have a significant presence. 

9 (3) The balance of such funds may be obligated 

10 after July 31, 2006, if the Secretary of State cer11 tifies and reports to the appropriate congressional 

12 committees, after such date, that the Colombian 

13 Armed Forces are continuing to meet the conditions 

14 contained in paragraph (2) and are conducting vig15 orous operations to restore government authority 

16 and respect for human rights in areas under the ef17 fective control of paramilitary and guerrilla organi18 zations. 

19 (b) CONGRESSIONAL NOTIFICATION.—Funds made 

20 available by this Act for the Colombian Armed Forces 

21 shall be subject to the regular notification procedures of 

22 the Committees on Appropriations. 

23 (c) CONSULTATIVE PROCESS.—Not later than 60 

24 days after the date of enactment of this Act, and every 

25 90 days thereafter until September 30, 2007, the Sec-
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1 retary of State shall consult with internationally recog2 nized human rights organizations regarding progress in 

3 meeting the conditions contained in that subsection. 

4 (d) DEFINITIONS.—In this section: 

5 (1) AIDED OR ABETTED.—The term ‘‘aided or 

6 abetted’’ means to provide any support to para7 military groups, including taking actions which 

8 allow, facilitate, or otherwise foster the activities of 

9 such groups. 

10 (2) PARAMILITARY GROUPS.—The term ‘‘para11 military groups’’ means illegal self-defense groups 

12 and illegal security cooperatives. 

13 ILLEGAL ARMED GROUPS

14 SEC. 557. (a) DENIAL OF VISAS TO SUPPORTERS OF

15 COLOMBIAN ILLEGAL ARMED GROUPS.—Subject to sub16 section (b), the Secretary of State shall not issue a visa 

17 to any alien who the Secretary determines, based on cred18 ible evidence—

19 (1) has willfully provided any support to the 

20 Revolutionary Armed Forces of Colombia (FARC), 

21 the National Liberation Army (ELN), or the United 

22 Self-Defense Forces of Colombia (AUC), including 

23 taking actions or failing to take actions which allow, 

24 facilitate, or otherwise foster the activities of such 

25 groups; or 
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1 (2) has committed, ordered, incited, assisted, or 

2 otherwise participated in the commission of gross 

3 violations of human rights, including extra-judicial 

4 killings, in Colombia. 

5 (b) WAIVER.—Subsection (a) shall not apply if the 

6 Secretary of State determines and certifies to the appro7 priate congressional committees, on a case-by-case basis, 

8 that the issuance of a visa to the alien is necessary to 

9 support the peace process in Colombia or for urgent hu10 manitarian reasons. 

11 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

12 BROADCASTING CORPORATION

13 SEC. 558. None of the funds appropriated or other14 wise made available by this Act may be used to provide 

15 equipment, technical support, consulting services, or any 

16 other form of assistance to the Palestinian Broadcasting 

17 Corporation. 

18 WEST BANK AND GAZA PROGRAM

19 SEC. 559. (a) OVERSIGHT.—For fiscal year 2006, 30 

20 days prior to the initial obligation of funds for the bilateral 

21 West Bank and Gaza Program, the Secretary of State 

22 shall certify to the appropriate committees of Congress 

23 that procedures have been established to assure the Comp24 troller General of the United States will have access to 

25 appropriate United States financial information in order 

26 to review the uses of United States assistance for the Pro-
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1 gram funded under the heading ‘‘Economic Support 

2 Fund’’ for the West Bank and Gaza. 

3 (b) VETTING.—Prior to the obligation of funds ap4 propriated by this Act under the heading ‘‘Economic Sup5 port Fund’’ for assistance for the West Bank and Gaza, 

6 the Secretary of State shall take all appropriate steps to 

7 ensure that such assistance is not provided to or through 

8 any individual, private or government entity, or edu9 cational institution that the Secretary knows or has reason 

10 to believe advocates, plans, sponsors, engages in, or has 

11 engaged in, terrorist activity. The Secretary of State shall, 

12 as appropriate, establish procedures specifying the steps 

13 to be taken in carrying out this subsection and shall termi14 nate assistance to any individual, entity, or educational in15 stitution which he has determined to be involved in or ad16 vocating terrorist activity. 

17 (c) PROHIBITION.—None of the funds appropriated 

18 by this Act for assistance under the West Bank and Gaza 

19 program may be made available for the purpose of recog20 nizing or otherwise honoring individuals who commit, or 

21 have committed, acts of terrorism. 

22 (d) AUDITS.—

23 (1) The Administrator of the United States 

24 Agency for International Development shall ensure 

25 that Federal or non-Federal audits of all contractors 
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1 and grantees, and significant subcontractors and 

2 subgrantees, under the West Bank and Gaza Pro3 gram, are conducted at least on an annual basis to 

4 ensure, among other things, compliance with this 

5 section. 

6 (2) Of the funds appropriated by this Act under 

7 the heading ‘‘Economic Support Fund’’ that are 

8 made available for assistance for the West Bank and 

9 Gaza, up to $1,000,000 may be used by the Office 

10 of the Inspector General of the United States Agen11 cy for International Development for audits, inspec12 tions, and other activities in furtherance of the re13 quirements of this subsection. Such funds are in ad14 dition to funds otherwise available for such pur15 poses. 

16 (e) Subsequent to the certification specified in sub17 section (a), the Comptroller General of the United States 

18 shall conduct an audit and an investigation of the treat19 ment, handling, and uses of all funds for the bilateral 

20 West Bank and Gaza Program in fiscal year 2006 under 

21 the heading ‘‘Economic Support Fund’’. The audit shall 

22 address—

23 (1) the extent to which such Program complies 

24 with the requirements of subsections (b) and (c), 

25 and 
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1 (2) an examination of all programs, projects, 

2 and activities carried out under such Program, in3 cluding both obligations and expenditures. 

4 CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

5 SEC. 560. (a) LIMITATIONS ON AMOUNT OF CON6 TRIBUTION.—Of the amounts made available under 

7 ‘‘International Organizations and Programs’’ and ‘‘Child 

8 Survival and Health Programs Fund’’ for fiscal year 

9 2006, $34,000,000 shall be made available for the United 

10 Nations Population Fund (hereafter in this section re11 ferred to as the ‘‘UNFPA’’): Provided, That of this 

12 amount, not less than $25,000,000 shall be derived from 

13 funds appropriated under the heading ‘‘International Or14 ganizations and Programs’’. 

15 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

16 under the heading ‘‘International Organizations and Pro17 grams’’ in this Act that are available for UNFPA, that 

18 are not made available for UNFPA because of the oper19 ation of any provision of law, shall be transferred to 

20 ‘‘Child Survival and Health Programs Fund’’ and shall 

21 be made available for family planning, maternal, and re22 productive health activities, subject to the regular notifica23 tion procedures of the Committees on Appropriations. 

24 (c) PROHIBITION ON USE OF FUNDS IN CHINA.—

25 None of the funds made available under ‘‘International 

26 Organizations and Programs’’ may be made available for 
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1 the UNFPA for a country program in the People’s Repub2 lic of China. 

3 (d) CONDITIONS ON AVAILABILITY OF FUNDS.—

4 Amounts made available under ‘‘International Organiza5 tions and Programs’’ for fiscal year 2006 for the UNFPA 

6 may not be made available to UNFPA unless—

7 (1) the UNFPA maintains amounts made avail8 able to the UNFPA under this section in an account 

9 separate from other accounts of the UNFPA; 

10 (2) the UNFPA does not commingle amounts 

11 made available to the UNFPA under this section 

12 with other sums; and 

13 (3) the UNFPA does not fund abortions. 

14 WAR CRIMINALS

15 SEC. 561. (a)(1) None of the funds appropriated or 

16 otherwise made available pursuant to this Act may be 

17 made available for assistance, and the Secretary of the 

18 Treasury shall instruct the United States executive direc19 tors to the international financial institutions to vote 

20 against any new project involving the extension by such 

21 institutions of any financial or technical assistance, to any 

22 country, entity, or municipality whose competent authori23 ties have failed, as determined by the Secretary of State, 

24 to take necessary and significant steps to implement its 

25 international legal obligations to apprehend and transfer 

26 to the International Criminal Tribunal for the former 
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1 Yugoslavia (the ‘‘Tribunal’’) all persons in their territory 

2 who have been indicted by the Tribunal and to otherwise 

3 cooperate with the Tribunal. 

4 (2) The provisions of this subsection shall not apply 

5 to humanitarian assistance or assistance for democratiza6 tion. 

7 (b) The provisions of subsection (a) shall apply unless 

8 the Secretary of State determines and reports to the ap9 propriate congressional committees that the competent au10 thorities of such country, entity, or municipality are—

11 (1) cooperating with the Tribunal, including ac12 cess for investigators to archives and witnesses, the 

13 provision of documents, and the surrender and 

14 transfer of indictees or assistance in their apprehen15 sion; and 

16 (2) are acting consistently with the Dayton Ac17 cords. 

18 (c) Not less than 10 days before any vote in an inter19 national financial institution regarding the extension of 

20 any new project involving financial or technical assistance 

21 or grants to any country or entity described in subsection 

22 (a), the Secretary of the Treasury, in consultation with 

23 the Secretary of State, shall provide to the Committees 

24 on Appropriations a written justification for the proposed 

25 assistance, including an explanation of the United States 
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1 position regarding any such vote, as well as a description 

2 of the location of the proposed assistance by municipality, 

3 its purpose, and its intended beneficiaries. 

4 (d) In carrying out this section, the Secretary of 

5 State, the Administrator of the United States Agency for 

6 International Development, and the Secretary of the 

7 Treasury shall consult with representatives of human 

8 rights organizations and all government agencies with rel9 evant information to help prevent indicted war criminals 

10 from benefiting from any financial or technical assistance 

11 or grants provided to any country or entity described in 

12 subsection (a). 

13 (e) The Secretary of State may waive the application 

14 of subsection (a) with respect to projects within a country, 

15 entity, or municipality upon a written determination to the 

16 Committees on Appropriations that such assistance di17 rectly supports the implementation of the Dayton Accords. 

18 (f) DEFINITIONS.—As used in this section: 

19 (1) COUNTRY.—The term ‘‘country’’ means 

20 Bosnia and Herzegovina, Croatia and Serbia. 

21 (2) ENTITY.—The term ‘‘entity’’ refers to the 

22 Federation of Bosnia and Herzegovina, Kosovo, 

23 Montenegro and the Republika Srpska. 
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1 (3) MUNICIPALITY.—The term ‘‘municipality’’ 

2 means a city, town or other subdivision within a 

3 country or entity as defined herein. 

4 (4) DAYTON ACCORDS.—The term ‘‘Dayton Ac5 cords’’ means the General Framework Agreement 

6 for Peace in Bosnia and Herzegovina, together with 

7 annexes relating thereto, done at Dayton, November 

8 10 through 16, 1995. 

9 USER FEES

10 SEC. 562. The Secretary of the Treasury shall in11 struct the United States Executive Director at each inter12 national financial institution (as defined in section 

13 1701(c)(2) of the International Financial Institutions Act) 

14 and the International Monetary Fund to oppose any loan, 

15 grant, strategy or policy of these institutions that would 

16 require user fees or service charges on poor people for pri17 mary education or primary healthcare, including preven18 tion and treatment efforts for HIV/AIDS, malaria, tuber19 culosis, and infant, child, and maternal well-being, in con20 nection with the institutions’ financing programs. 

21 FUNDING FOR SERBIA

22 SEC. 563. (a) Funds appropriated by this Act may 

23 be made available for assistance for the central Govern24 ment of Serbia after May 31, 2006, if the President has 

25 made the determination and certification contained in sub26 section (c). 
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1 (b) After May 31, 2006, the Secretary of the Treas2 ury should instruct the United States executive directors 

3 to the international financial institutions to support loans 

4 and assistance to the Government of Serbia and Monte5 negro subject to the conditions in subsection (c): Provided,

6 That section 576 of the Foreign Operations, Export Fi7 nancing, and Related Programs Appropriations Act, 1997, 

8 as amended, shall not apply to the provision of loans and 

9 assistance to the Government of Serbia and Montenegro 

10 through international financial institutions. 

11 (c) The determination and certification referred to in 

12 subsection (a) is a determination by the President and a 

13 certification to the Committees on Appropriations that the 

14 Government of Serbia and Montenegro is—

15 (1) cooperating with the International Criminal 

16 Tribunal for the former Yugoslavia including access 

17 for investigators, the provision of documents, and 

18 the surrender and transfer of indictees or assistance 

19 in their apprehension, including making all prac20 ticable efforts to apprehend and transfer Ratko 

21 Mladic; 

22 (2) taking steps that are consistent with the 

23 Dayton Accords to end Serbian financial, political, 

24 security and other support which has served to 
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1 maintain separate Republika Srpska institutions; 

2 and 

3 (3) taking steps to implement policies which re4 flect a respect for minority rights and the rule of 

5 law. 

6 (d) This section shall not apply to Montenegro, 

7 Kosovo, humanitarian assistance or assistance to promote 

8 democracy. 

9 COMMUNITY-BASED POLICE ASSISTANCE

10 SEC. 564. (a) AUTHORITY.—Funds made available 

11 by this Act to carry out the provisions of chapter 1 of 

12 part I and chapter 4 of part II of the Foreign Assistance 

13 Act of 1961, may be used, notwithstanding section 660 

14 of that Act, to enhance the effectiveness and account15 ability of civilian police authority through training and 

16 technical assistance in human rights, the rule of law, stra17 tegic planning, and through assistance to foster civilian 

18 police roles that support democratic governance including 

19 assistance for programs to prevent conflict, respond to dis20 asters, address gender-based violence, and foster improved 

21 police relations with the communities they serve. 

22 (b) NOTIFICATION.—Assistance provided under sub23 section (a) shall be subject to prior consultation with, and 

24 the regular notification procedures of, the Committees on 

25 Appropriations. 
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1 SPECIAL DEBT RELIEF FOR THE POOREST

2 SEC. 565. (a) AUTHORITY TO REDUCE DEBT.—The 

3 President may reduce amounts owed to the United States 

4 (or any agency of the United States) by an eligible country 

5 as a result of—

6 (1) guarantees issued under sections 221 and 

7 222 of the Foreign Assistance Act of 1961; 

8 (2) credits extended or guarantees issued under 

9 the Arms Export Control Act; 

10 (b) LIMITATIONS.—

11 (1) The authority provided by subsection (a) 

12 may be exercised only to implement multilateral offi13 cial debt relief and referendum agreements, com14 monly referred to as ‘‘Paris Club Agreed Minutes’’. 

15 (2) The authority provided by subsection (a) 

16 may be exercised only in such amounts or to such 

17 extent as is provided in advance by appropriations 

18 Acts. 

19 (3) The authority provided by subsection (a) 

20 may be exercised only with respect to countries with 

21 heavy debt burdens that are eligible to borrow from 

22 the International Development Association, but not 

23 from the International Bank for Reconstruction and 

24 Development, commonly referred to as ‘‘IDA-only’’ 

25 countries. 
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1 (c) CONDITIONS.—The authority provided by sub2 section (a) may be exercised only with respect to a country 

3 whose government—

4 (1) does not have an excessive level of military 

5 expenditures; 

6 (2) has not repeatedly provided support for acts 

7 of international terrorism; 

8 (3) is not failing to cooperate on international 

9 narcotics control matters; 

10 (4) (including its military or other security 

11 forces) does not engage in a consistent pattern of 

12 gross violations of internationally recognized human 

13 rights; and 

14 (5) is not ineligible for assistance because of the 

15 application of section 527 of the Foreign Relations 

16 Authorization Act, Fiscal Years 1994 and 1995. 

17 (d) AVAILABILITY OF FUNDS.—The authority pro18 vided by subsection (a) may be used only with regard to 

19 the funds appropriated by this Act under the heading 

20 ‘‘Debt Restructuring’’. 

21 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A re22 duction of debt pursuant to subsection (a) shall not be 

23 considered assistance for the purposes of any provision of 

24 law limiting assistance to a country. The authority pro25 vided by subsection (a) may be exercised notwithstanding 
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1 section 620(r) of the Foreign Assistance Act of 1961 or 

2 section 321 of the International Development and Food 

3 Assistance Act of 1975. 

4 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

5 SEC. 566. (a) LOANS ELIGIBLE FOR SALE, REDUC6 TION, OR CANCELLATION.—

7 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

8 CERTAIN LOANS.—Notwithstanding any other provi9 sion of law that restricts assistance to foreign coun10 tries, the President may, in accordance with this sec11 tion, sell to any eligible purchaser any concessional 

12 loan or portion thereof made before January 1, 

13 1995, pursuant to the Foreign Assistance Act of 

14 1961, to the government of any eligible country as 

15 defined in section 702(6) of that Act or on receipt 

16 of payment from an eligible purchaser, reduce or 

17 cancel such loan or portion thereof, only for the pur18 pose of facilitating—

19 (A) debt-for-equity swaps, debt-for-develop20 ment swaps, or debt-for-nature swaps; or 

21 (B) a debt buyback by an eligible country 

22 of its own qualified debt, only if the eligible 

23 country uses an additional amount of the local 

24 currency of the eligible country, equal to not 

25 less than 40 percent of the price paid for such 

26 debt by such eligible country, or the difference 
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1 between the price paid for such debt and the 

2 face value of such debt, to support activities 

3 that link conservation and sustainable use of 

4 natural resources with local community develop5 ment, and child survival and other child devel6 opment, in a manner consistent with sections 

7 707 through 710 of the Foreign Assistance Act 

8 of 1961, if the sale, reduction, or cancellation 

9 would not contravene any term or condition of 

10 any prior agreement relating to such loan. 

11 (2) TERMS AND CONDITIONS.—Notwithstanding 

12 any other provision of law, the President shall, in ac13 cordance with this section, establish the terms and 

14 conditions under which loans may be sold, reduced, 

15 or canceled pursuant to this section. 

16 (3) ADMINISTRATION.—The Facility, as defined 

17 in section 702(8) of the Foreign Assistance Act of 

18 1961, shall notify the administrator of the agency 

19 primarily responsible for administering part I of the 

20 Foreign Assistance Act of 1961 of purchasers that 

21 the President has determined to be eligible, and 

22 shall direct such agency to carry out the sale, reduc23 tion, or cancellation of a loan pursuant to this sec24 tion. Such agency shall make adjustment in its ac25 counts to reflect the sale, reduction, or cancellation. 
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1 (4) LIMITATION.—The authorities of this sub2 section shall be available only to the extent that ap3 propriations for the cost of the modification, as de4 fined in section 502 of the Congressional Budget Act 

5 of 1974, are made in advance. 

6 (b) DEPOSIT OF PROCEEDS.—The proceeds from the 

7 sale, reduction, or cancellation of any loan sold, reduced, 

8 or canceled pursuant to this section shall be deposited in 

9 the United States Government account or accounts estab10 lished for the repayment of such loan. 

11 (c) ELIGIBLE PURCHASERS.—A loan may be sold 

12 pursuant to subsection (a)(1)(A) only to a purchaser who 

13 presents plans satisfactory to the President for using the 

14 loan for the purpose of engaging in debt-for-equity swaps, 

15 debt-for-development swaps, or debt-for-nature swaps. 

16 (d) DEBTOR CONSULTATIONS.—Before the sale to 

17 any eligible purchaser, or any reduction or cancellation 

18 pursuant to this section, of any loan made to an eligible 

19 country, the President should consult with the country 

20 concerning the amount of loans to be sold, reduced, or 

21 canceled and their uses for debt-for-equity swaps, debt22 for-development swaps, or debt-for-nature swaps. 

23 (e) AVAILABILITY OF FUNDS.—The authority pro24 vided by subsection (a) may be used only with regard to 
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1 funds appropriated by this Act under the heading ‘‘Debt 

2 Restructuring’’. 

3 BASIC EDUCATION

4 SEC. 567. Of the funds appropriated by title II of 

5 this Act, not less than $465,000,000 shall be made avail6 able for basic education, of which not less than $250,000 

7 shall be provided to the Comptroller General of the United 

8 States to prepare an analysis of United States funded 

9 international basic education programs: Provided, That 

10 the analysis, which should be submitted to the Committee 

11 within nine months of enactment of this Act, shall include, 

12 but not be limited to—

13 (1) the amount of funds provided for basic edu14 cation by all United States Government agencies in 

15 fiscal years 2001, 2002, 2003, 2004, and 2005; 

16 (2) a country-by-country and project-by-project 

17 breakdown of such funds; 

18 (3) an analysis of host country contributions to 

19 education at the local, provincial, and federal level; 

20 (4) the amount of funds, including loans, pro21 vided for basic education by other major bilateral 

22 donors and multilateral institutions, including 

23 United Nations agencies and the World Bank 

24 Group, including a historical view of such levels; 
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1 (5) an analysis of United States efforts to in2 crease the commitment of other major bilateral do3 nors and multilateral institutions to basic education; 

4 (6) an analysis of how various United States 

5 Government agencies coordinate in the provision of 

6 such assistance, including how such coordination 

7 contributes to achievement of the Millennium Devel8 opment Goals with respect to basic education; 

9 (7) an analysis of the effect of the quadrupling 

10 of United States assistance for basic education since 

11 fiscal year 2001 on education programs in the devel12 oping world; and 

13 (8) recommendations on the content and struc14 ture of United States assistance that would increase 

15 its effectiveness in promoting literary and numeracy. 

16 RECONCILIATION PROGRAMS

17 SEC. 568. Of the funds appropriated under the head18 ing ‘‘Economic Support Fund’’, not less than $15,000,000 

19 should be made available to support reconciliation pro20 grams and activities which bring together individuals of 

21 different ethnic, religious, and political backgrounds from 

22 areas of civil conflict and war. 

23 SUDAN

24 SEC. 569. (a) AVAILABILITY OF FUNDS.—Of the 

25 funds appropriated by title II of this Act, not less than 
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1 $367,000,000 should be made available for assistance for 

2 Sudan. 

3 (b) LIMITATION ON ASSISTANCE.—Subject to sub4 section (c): 

5 (1) Notwithstanding section 501(a) of the 

6 International Malaria Control Act of 2000 (Public 

7 Law 106–570) or any other provision of law that re8 stricts funds for foreign countries, none of the funds 

9 appropriated by this Act may be made available for 

10 assistance for the Government of Sudan. 

11 (2) None of the funds appropriated by this Act 

12 may be made available for the cost, as defined in 

13 section 502, of the Congressional Budget Act of 

14 1974, of modifying loans and loan guarantees held 

15 by the Government of Sudan, including the cost of 

16 selling, reducing, or canceling amounts owed to the 

17 United States, and modifying concessional loans, 

18 guarantees, and credit agreements. 

19 (c) Subsection (b) shall not apply if the Secretary of 

20 State determines and certifies to the Committees on Ap21 propriations that—

22 (1) the Government of Sudan has taken signifi23 cant steps to disarm and disband government-sup24 ported militia groups in the Darfur region; 
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1 (2) the Government of Sudan and all govern2 ment-supported militia groups are honoring their 

3 commitments made in the cease-fire agreement of 

4 April 8, 2004; and 

5 (3) the Government of Sudan is allowing 

6 unimpeded access to Darfur to humanitarian aid or7 ganizations, the human rights investigation and hu8 manitarian teams of the United Nations, including 

9 protection officers, and an international monitoring 

10 team that is based in Darfur and that has the sup11 port of the United States. 

12 (d) EXCEPTIONS.—The provisions of subsection (b) 

13 shall not apply to—

14 (1) humanitarian assistance; 

15 (2) assistance for Darfur and for areas outside 

16 the control of the Government of Sudan; and 

17 (3) assistance to support implementation of the 

18 Comprehensive Peace Agreement. 

19 (e) DEFINITIONS.—For the purposes of this Act and 

20 section 501 of Public Law 106–570, the terms ‘‘Govern21 ment of Sudan’’, ‘‘areas outside of control of the Govern22 ment of Sudan’’, and ‘‘area in Sudan outside of control 

23 of the Government of Sudan’’ shall have the same meaning 

24 and application as was the case immediately prior to June 

25 5, 2004, and, Southern Kordofan/Nuba Mountains State, 
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1 Blue Nile State and Abyei shall be deemed ‘‘areas outside 

2 of control of the Government of Sudan’’. 

3 TRADE CAPACITY BUILDING

4 SEC. 570. Of the funds appropriated by this Act, 

5 under the headings ‘‘Trade and Development Agency’’, 

6 ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, 

7 ‘‘Economic Support Fund’’, ‘‘International Affairs Tech8 nical Assistance’’, and ‘‘International Organizations and 

9 Programs’’, not less than $522,000,000 should be made 

10 available for trade capacity building assistance: Provided,

11 That $20,000,000 of the funds appropriated in this Act 

12 under the heading ‘‘Economic Support Fund’’ shall be 

13 made available for labor and environmental capacity build14 ing activities relating to the free trade agreement with the 

15 countries of Central America and the Dominican Republic. 

16 EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH

17 EUROPEAN COUNTRIES AND CERTAIN OTHER COUNTRIES

18 SEC. 571. Notwithstanding section 516(e) of the For19 eign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during 

20 fiscal year 2006, funds available to the Department of De21 fense may be expended for crating, packing, handling, and 

22 transportation of excess defense articles transferred under 

23 the authority of section 516 of such Act to Albania, Af24 ghanistan, Bulgaria, Croatia, Estonia, Former Yugo25 slavian Republic of Macedonia, Georgia, India, Iraq, 

26 Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, 
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1 Mongolia, Pakistan, Romania, Slovakia, Tajikistan, 

2 Turkmenistan, Ukraine, and Uzbekistan. 

3 CUBA

4 SEC. 572. None of the funds appropriated by this Act 

5 under the heading ‘‘International Narcotics Control and 

6 Law Enforcement’’ may be made available for assistance 

7 to the Government of Cuba. 

8 GENDER-BASED VIOLENCE TRAINING

9 SEC. 573. Programs funded under titles II and III 

10 of this Act that provide training for foreign police, judicial, 

11 and military officials, shall include instruction on how to 

12 address incidences and victims of gender-based violence: 

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

14 the Secretary of Defense, shall report to the Committee 

15 on Appropriations, no later than 180 days after enactment 

16 of this Act, how such instruction is being incorporated into 

17 programs funded under titles II and III of this Act. 

18 LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE

19 FOR CERTAIN FOREIGN GOVERNMENTS THAT ARE

20 PARTIES TO THE INTERNATIONAL CRIMINAL COURT

21 SEC. 574. (a) None of the funds made available in 

22 this Act in title II under the heading ‘‘Economic Support 

23 Fund’’ may be used to provide assistance to the govern24 ment of a country that is a party to the International 

25 Criminal Court and has not entered into an agreement 

26 with the United States pursuant to Article 98 of the Rome 
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1 Statute preventing the International Criminal Court from 

2 proceeding against United States personnel present in 

3 such country. 

4 (b) The President may, with prior notice to Congress, 

5 waive the prohibition of subsection (a) with respect to a 

6 North Atlantic Treaty Organization (‘‘NATO’’) member 

7 country, a major non-NATO ally (including Australia, 

8 Egypt, Israel, Japan, Jordan, Argentina, the Republic of 

9 Korea, and New Zealand), Taiwan, or such other country 

10 as he may determine if he determines and reports to the 

11 appropriate congressional committees that it is important 

12 to the national interests of the United States to waive such 

13 prohibition. 

14 (c) The President may, with prior notice to Congress, 

15 waive the prohibition of subsection (a) with respect to a 

16 particular country if he determines and reports to the ap17 propriate congressional committees that such country has 

18 entered into an agreement with the United States pursu19 ant to Article 98 of the Rome Statute preventing the 

20 International Criminal Court from proceeding against 

21 United States personnel present in such country. 

22 (d) The prohibition of this section shall not apply to 

23 countries otherwise eligible for assistance under the Mil24 lennium Challenge Act of 2003, notwithstanding section 

25 606(a)(2)(B) of such Act. 
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1 TIBET

2 SEC. 575. (a) The Secretary of the Treasury should 

3 instruct the United States executive director to each inter4 national financial institution to use the voice and vote of 

5 the United States to support projects in Tibet if such 

6 projects do not provide incentives for the migration and 

7 settlement of non-Tibetans into Tibet or facilitate the 

8 transfer of ownership of Tibetan land and natural re9 sources to non-Tibetans; are based on a thorough needs10 assessment; foster self-sufficiency of the Tibetan people 

11 and respect Tibetan culture and traditions; and are sub12 ject to effective monitoring. 

13 (b) Notwithstanding any other provision of law that 

14 restricts assistance to foreign countries, not less than 

15 $4,000,000 of the funds appropriated by this Act under 

16 the heading ‘‘Economic Support Fund’’ should be made 

17 available to nongovernmental organizations to support ac18 tivities which preserve cultural traditions and promote 

19 sustainable development and environmental conservation 

20 in Tibetan communities in the Tibetan Autonomous Re21 gion and in other Tibetan communities in China. 

22 CENTRAL AMERICA

23 SEC. 576. Of the funds appropriated by this Act 

24 under the headings ‘‘Child Survival and Health Programs 

25 Fund’’ and ‘‘Development Assistance’’, not less than the 

26 amount of funds initially allocated pursuant to section 
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1 653(a) of the Foreign Assistance Act of 1961 for fiscal 

2 year 2005 should be made available for El Salvador, Gua3 temala, Nicaragua and Honduras. 

4 UNITED STATES AGENCY FOR INTERNATIONAL

5 DEVELOPMENT MANAGEMENT

6 SEC. 577. (a) AUTHORITY.—Up to $75,000,000 of 

7 the funds made available in this Act to carry out the provi8 sions of part I of the Foreign Assistance Act of 1961, in9 cluding funds appropriated under the heading ‘‘Assistance 

10 for Eastern Europe and the Baltic States’’, may be used 

11 by the United States Agency for International Develop12 ment (USAID) to hire and employ individuals in the 

13 United States and overseas on a limited appointment basis 

14 pursuant to the authority of sections 308 and 309 of the 

15 Foreign Service Act of 1980. 

16 (b) RESTRICTIONS.—

17 (1) The number of individuals hired in any fis18 cal year pursuant to the authority contained in sub19 section (a) may not exceed 175. 

20 (2) The authority to hire individuals contained 

21 in subsection (a) shall expire on September 30, 

22 2008. 

23 (c) CONDITIONS.—The authority of this section may 

24 only be used to the extent that an equivalent number of 

25 positions that are filled by personal services contractors 

26 or other nondirect-hire employees of USAID, who are 
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1 compensated with funds appropriated to carry out part I 

2 of the Foreign Assistance Act of 1961, including funds 

3 appropriated under the heading ‘‘Assistance for Eastern 

4 Europe and the Baltic States’’, are eliminated. 

5 (d) PRIORITY SECTORS.—In exercising the authority 

6 of this section, primary emphasis shall be placed on ena7 bling USAID to meet personnel positions in technical skill 

8 areas currently encumbered by contractor or other non9 direct-hire personnel. 

10 (e) CONSULTATIONS.—The USAID Administrator 

11 shall consult with the Committees on Appropriations at 

12 least on a quarterly basis concerning the implementation 

13 of this section. 

14 (f) PROGRAM ACCOUNT CHARGED.—The account 

15 charged for the cost of an individual hired and employed 

16 under the authority of this section shall be the account 

17 to which such individual’s responsibilities primarily relate. 

18 Funds made available to carry out this section may be 

19 transferred to and merged and consolidated with funds ap20 propriated for ‘‘Operating Expenses of the United States 

21 Agency for International Development’’. 

22 (g) DISASTER SURGE CAPACITY.—Funds appro23 priated by this Act to carry out part I of the Foreign As24 sistance Act of 1961, including funds appropriated under 

25 the heading ‘‘Assistance for Eastern Europe and the Bal-
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1 tic States’’, may be used, in addition to funds otherwise 

2 available for such purposes, for the cost (including the 

3 support costs) of individuals detailed to or employed by 

4 the United States Agency for International Development 

5 whose primary responsibility is to carry out programs in 

6 response to natural disasters. 

7 HIPC DEBT REDUCTION

8 SEC. 578. Section 501(b) of H.R. 3425, as enacted 

9 into law by section 1000(a)(5) of division B of Public Law 

10 106–113 (113 Stat. 1501A–311), is amended by adding 

11 at the end the following new paragraph: 

12 ‘‘(5) The Act of March 11, 1941 (chapter 11; 

13 55 Stat. 31; 22 U.S.C. 411 et seq.; commonly known 

14 as the ‘Lend-Lease Act’).’’. 

15 OPIC TRANSFER AUTHORITY

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 579. Whenever the President determines that 

18 it is in furtherance of the purposes of the Foreign Assist19 ance Act of 1961, up to a total of $20,000,000 of the 

20 funds appropriated under title II of this Act may be trans21 ferred to and merged with funds appropriated by this Act 

22 for the Overseas Private Investment Corporation Program 

23 Account, to be subject to the terms and conditions of that 

24 account: Provided, That such funds shall not be available 

25 for administrative expenses of the Overseas Private In26 vestment Corporation: Provided further, That funds ear-
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1 marked by this Act shall not be transferred pursuant to 

2 this section: Provided further, That the exercise of such 

3 authority shall be subject to the regular notification proce4 dures of the Committees on Appropriations.

5 CONFLICT RESPONSE

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 580. Whenever the Secretary of State deter8 mines that it is in the national interest of the United 

9 States, the Secretary is authorized to furnish reconstruc10 tion and stabilization assistance, on such terms and condi11 tions as the Secretary may determine, for the purpose of 

12 preventing, responding to, or enabling transition from con13 flict or civil strife in foreign countries or regions: Provided, 

14 That the Secretary may transfer up to $100,000,000 

15 among accounts of the Department of State and to other 

16 Federal agencies as necessary to carry out these authori17 ties: Provided further, That pursuant to a determination 

18 by the Secretary of State that it is in the national interest 

19 of the United States to prevent or respond to conflict or 

20 civil strife in foreign countries or regions, or to enable 

21 transition from such strife assistance provided under this 

22 paragraph, as well as assistance provided with funds ap23 propriated under titles II and III of this Act for countries 

24 subject to a determination made under this paragraph, 

25 may be used: Provided further, That the exercise of such 
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1 authority shall be subject to the regular notification proce2 dures of the Committees on Appropriations. 

3 RESCISSION

4 SEC. 581. Of the funds provided in title II of Public 

5 Law 108–447, under the heading ‘‘Other Bilateral Eco6 nomic Assistance, Economic Support Fund’’, $64,000,000 

7 is hereby rescinded. 

8 ANTICORRUPTION PROVISIONS

9 SEC. 582. Twenty-five percent of the funds appro10 priated by this Act under the headings ‘‘International De11 velopment Association’’, shall be withheld from obligation 

12 until the Secretary of the Treasury certifies to the appro13 priate congressional committees that—

14 (a) World Bank procurement guidelines are ap15 plied to all procurement financed in whole or in part 

16 by a loan from the International Bank for Recon17 struction and Development (IBRD) or a credit 

18 agreement or grant from the International Develop19 ment Association (IDA); 

20 (b) the World Bank proposal ‘‘Increasing the 

21 Use of Country Systems in Procurement’’ dated 

22 March 2005 has been withdrawn; 

23 (c) the World Bank is maintaining a strong 

24 central procurement office staffed with senior ex25 perts who are designated to address commercial con26 cerns, questions, and complaints regarding procure-
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1 ment procedures and payments under IDA and 

2 IBRD projects; 

3 (d) thresholds for international competitive bid4 ding are established to maximize international com5 petitive bidding in accordance with sound procure6 ment practices, including transparency, competition, 

7 and cost-effective results for the Borrowers; 

8 (e) all tenders under the World Bank’s national 

9 competitive bidding provisions are subject to the 

10 same advertisement requirements as tenders under 

11 international competitive bidding; and 

12 (f) loan agreements are made public between 

13 the World Bank and the Borrowers. 

14 PROHIBITION ON CERTAIN INTERNATIONAL NARCOTICS

15 CONTROL AND LAW ENFORCEMENT ASSISTANCE TO

16 THE GOVERNMENT OF HAITI

17 SEC. 583. None of the funds made available in this 

18 Act under the heading ‘‘INTERNATIONAL NARCOTICS CON19 TROL AND LAW ENFORCEMENT’’ may be used to transfer 

20 excess property of an agency of the United States Govern21 ment to the Government of Haiti. 

22 LIMITATION ON ASSISTANCE TO ROMANIA UNDER THE

23 SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

24 ACT OF 1989

25 SEC. 584. None of the funds appropriated in this Act 

26 under the heading ‘‘ASSISTANCE FOR EASTERN EUROPE
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1 AND THE BALTIC STATES’’ may be obligated or expended 

2 for assistance to Romania under the Support for East Eu3 ropean Democracy (SEED) Act of 1989. 

4 LIMITATION ON FUNDS RELATING TO ATTENDANCE OF

5 FEDERAL EMPLOYEES AT CONFERENCES OCCURRING

6 OUTSIDE THE UNITED STATES

7 SEC. 585. None of the funds made available in this 

8 Act may be used to send or otherwise pay for the attend9 ance of more than 50 employees of a Federal department 

10 or agency at any single conference occurring outside the 

11 United States. 

12 LIMITATION ON USE OF FUNDS BY THE EXPORT-IMPORT

13 BANK OF THE UNITED STATES

14 SEC. 586. Of the amounts provided in title I, under 

15 the heading ‘‘EXPORT-IMPORT BANK OF THE UNITED

16 STATES—ADMINISTRATIVE EXPENSES’’, not more than 

17 $66,200,000 may be expended while there is a vacancy 

18 in position of the head of the Office of Inspector General 

19 in the Export-Import Bank of the United States. 

20 LIMITATION ON ASSISTANCE TO FOREIGN COUNTRIES

21 THAT REFUSE TO EXTRADITE TO THE UNITED

22 STATES ANY INDIVIDUAL ACCUSED IN THE UNITED

23 STATES OF KILLING A LAW ENFORCEMENT OFFICER

24 SEC. 587. None of the funds made available in this 

25 Act for the Department of State may be used to provide 

26 assistance to any country the government of which has 
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1 notified the Department of State of its refusal to extradite 

2 to the United States any individual accused in the United 

3 States of killing a law enforcement officer, as specified in 

4 a United States extradition request. 

5 PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI

6 ARABIA

7 SEC. 588. None of the funds appropriated or other8 wise made available pursuant to this Act shall be obligated 

9 or expended to finance any assistance to Saudi Arabia. 

10 PROHIBITION ON USE OF FUNDS BY THE EXPORT-IMPORT

11 BANK OF THE UNITED STATES TO APPROVE AN AP12 PLICATION FOR A LONG-TERM LOAN OR LOAN GUAR13 ANTEE WITH RESPECT TO A NUCLEAR PROJECT IN

14 THE PEOPLE’S REPUBLIC OF CHINA

15 SEC. 589. None of the funds made available in this 

16 Act may be used by the Export-Import Bank of the United 

17 States to approve an application for a long-term loan or 

18 loan guarantee with respect to a nuclear project in the 

19 People’s Republic of China. 

20 GOVERNMENTS THAT HAVE FAILED TO PERMIT CERTAIN

21 EXTRADITIONS

22 SEC. 590. None of the funds made available in this 

23 Act for the Department of State, other than funds pro24 vided under the heading ‘‘INTERNATIONAL NARCOTICS

25 CONTROL AND LAW ENFORCEMENT’’, may be used to pro26 vide assistance to any country with whom the United 
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1 States has an extradition treaty and whose government 

2 has notified the Department of State of its refusal to ex3 tradite to the United States any individual accused of 

4 committing a criminal offense for which the maximum 

5 penalty is life imprisonment without the possibility of pa6 role, or a lesser term of imprisonment. 

7 This Act may be cited as the ‘‘Foreign Operations, 

8 Export Financing, and Related Programs Appropriations 

9 Act, 2006’’.

Passed the House of Representatives June 28, 2005. 

Attest:

Clerk. 

109TH CONGRESS 

1ST SESSION H. R. 3057

AN ACT

Making appropriations for foreign operations, exother purposes. cal year ending September 30, 2006, and for port financing, and related programs for the fis-