In the Senate of the United States,

July 20, 2005.

Resolved, That the bill from the House of Representatives (H.R. 3057) entitled ‘‘An Act making appropriations for

foreign operations, export financing, and related programs for

the fiscal year ending September 30, 2006, and for other purposes.’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

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:
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1 TITLE I—DEPARTMENT OF STATE AND RELATED

2 AGENCY

3 DEPARTMENT OF STATE

4 ADMINISTRATION OF FOREIGN AFFAIRS

5 DIPLOMATIC AND CONSULAR PROGRAMS

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses of the Department of State and

8 the Foreign Service not otherwise provided for, including

9 employment, without regard to civil service and classifica10 tion laws, of persons on a temporary basis (not to exceed

11 $700,000 of this appropriation), as authorized by section

12 801 of the United States Information and Educational Ex13 change Act of 1948; representation to certain international

14 organizations in which the United States participates pur15 suant to treaties ratified pursuant to the advice and consent

16 of the Senate or specific Acts of Congress; arms control, non17 proliferation and disarmament activities as authorized; ac18 quisition by exchange or purchase of passenger motor vehi19 cles as authorized by law; and for expenses of general ad20 ministration, $3,755,118,000: Provided, That of the amount

21 made available under this heading, not to exceed $4,000,000

22 may be transferred to, and merged with, funds in the

23 ‘‘Emergencies in the Diplomatic and Consular Service’’ ap24 propriations account, to be available only for emergency

25 evacuations and terrorism rewards: Provided further, That

26 of the amount made available under this heading, not less
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1 than $328,000,000 shall be available only for public diplo2 macy international information programs: Provided fur3 ther, That of the amount made available under this head4 ing, not less than $2,000,000 shall be made available for

5 the Scholar Rescue Fund: Provided further, That funds

6 available under this heading may be made available for a

7 United States Government interagency task force to exam8 ine, coordinate and oversee United States participation in

9 the United Nations headquarters renovation project: Pro10 vided further, That no funds may be obligated or expended

11 for processing licenses for the export of satellites of United

12 States origin (including commercial satellites and satellite

13 components) to the People’s Republic of China unless, at

14 least 15 days in advance, the Committees on Appropria15 tions of the House of Representatives and the Senate are

16 notified of such proposed action.

17 In addition, not to exceed $1,469,000 shall be derived

18 from fees collected from other executive agencies for lease

19 or use of facilities located at the International Center in

20 accordance with section 4 of the International Center Act;

21 in addition, as authorized by section 5 of such Act,

22 $490,000, to be derived from the reserve authorized by that

23 section, to be used for the purposes set out in that section;

24 in addition, as authorized by section 810 of the United

25 States Information and Educational Exchange Act, not to
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1 exceed $6,000,000, to remain available until expended, may

2 be credited to this appropriation from fees or other pay3 ments received from English teaching, library, motion pic4 tures, and publication programs and from fees from edu5 cational advising and counseling and exchange visitor pro6 grams; and, in addition, not to exceed $15,000, which shall

7 be derived from reimbursements, surcharges, and fees for use

8 of Blair House facilities.

9 In addition, for the costs of worldwide security up10 grades, $689,523,000, to remain available until expended.

11 CAPITAL INVESTMENT FUND

12 For necessary expenses of the Capital Investment

13 Fund, $58,895,000, to remain available until expended, as

14 authorized: Provided, That section 135(e) of Public Law

15 103–236 shall not apply to funds available under this head16 ing.

17 CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION

18 PROGRAM

19 For expenses relating to the modernization of the infor20 mation technology systems and networks of the Department

21 of State, $74,105,000, to remain available until expended.

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector Gen24 eral, $33,000,000, notwithstanding section 209(a)(1) of the

25 Foreign Service Act of 1980 (Public Law 96–465), as it

26 relates to post inspections.
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1 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

2 For expenses of educational and cultural exchange pro3 grams, as authorized, $440,200,000, to remain available

4 until expended: Provided, That not to exceed $2,000,000,

5 to remain available until expended, may be credited to this

6 appropriation from fees or other payments received from

7 or in connection with English teaching, educational advis8 ing and counseling programs, and exchange visitor pro9 grams as authorized: Provided further, That notwith10 standing any other provision of law, of the funds appro11 priated under this heading, $5,000,000 shall be made avail12 able for an endowment for the Aung San Suu Kyi Center

13 for Democracy, and not less than $13,500,000 shall be made

14 available for educational and cultural exchanges with the

15 People’s Republic of China, including for American studies

16 programs.

17 REPRESENTATION ALLOWANCES

18 For representation allowances as authorized,

19 $8,281,000.

20 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

21 For expenses, not otherwise provided, to enable the Sec22 retary of State to provide for extraordinary protective serv23 ices, as authorized, $9,390,000.

24 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

25 For necessary expenses for carrying out the Foreign

26 Service Buildings Act of 1926 (22 U.S.C. 292–303), pre-
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1 serving, maintaining, repairing, and planning for build2 ings that are owned or directly leased by the Department

3 of State, renovating, in addition to funds otherwise avail4 able, the Harry S Truman Building, and carrying out the

5 Diplomatic Security Construction Program as authorized,

6 $603,800,000, to remain available until expended as au7 thorized, of which not to exceed $25,000 may be used for

8 domestic and overseas representation as authorized: Pro9 vided, That none of the funds appropriated in this para10 graph shall be available for acquisition of furniture, fur11 nishings, or generators for other departments and agencies.

12 In addition, for the costs of worldwide security up13 grades, acquisition, and construction as authorized,

14 $900,200,000, to remain available until expended.

15 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

16 SERVICE

17 (INCLUDING TRANSFER OF FUNDS)

18 For expenses necessary to enable the Secretary of State

19 to meet unforeseen emergencies arising in the Diplomatic

20 and Consular Service, $13,643,000, to remain available

21 until expended as authorized, of which such sums as nec22 essary may be transferred to and merged with funds in the

23 ‘‘Repatriation Loans Program Account’’, subject to the

24 same terms and conditions.
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1 REPATRIATION LOANS PROGRAM ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For the cost of direct loans, $712,000, as authorized:

4 Provided, That such costs, including the cost of modifying

5 such loans, shall be as defined in section 502 of the Congres6 sional Budget Act of 1974.

7 In addition, for administrative expenses necessary to

8 carry out the direct loan program, $607,000, which may

9 be transferred to and merged with funds in the ‘‘Diplomatic

10 and Consular Programs’’ account.

11 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

12 For necessary expenses to carry out the Taiwan Rela13 tions Act (Public Law 96–8), $19,751,000, to remain avail14 able until September 30, 2007.

15 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

16 DISABILITY FUND

17 For payment to the Foreign Service Retirement and

18 Disability Fund, as authorized by law, $131,700,000.

19 INTERNATIONAL ORGANIZATIONS

20 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

21 For expenses, not otherwise provided for, necessary to

22 meet annual obligations of membership in international

23 multilateral organizations, pursuant to treaties ratified

24 pursuant to the advice and consent of the Senate, conven25 tions or specific Acts of Congress, $1,166,212,000, to remain

26 available until September 30, 2007: Provided, That the Sec-
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1 retary of State shall, at the time of the submission of the

2 President’s budget to Congress under section 1105(a) of title

3 31, United States Code, transmit to the Committees on Ap4 propriations the most recent biennial budget prepared by

5 the United Nations for the operations of the United Nations:

6 Provided further, That the Secretary of State shall notify

7 the Committees on Appropriations at least 15 days in ad8 vance (or in an emergency, as far in advance as is prac9 ticable) of any United Nations action to increase funding

10 for any United Nations program without identifying an off11 setting decrease elsewhere in the United Nations budget and

12 cause the United Nations budget for the biennium 2006–

13 2007 to exceed the revised United Nations budget level for

14 the biennium 2004–2005 of $3,695,480,000: Provided fur15 ther, That any payment of arrearages under this title shall

16 be directed toward special activities that are mutually

17 agreed upon by the United States and the respective inter18 national organization: Provided further, That none of the

19 funds appropriated in this paragraph shall be available for

20 a United States contribution to an international organiza21 tion for the United States share of interest costs made

22 known to the United States Government by such organiza23 tion for loans incurred on or after October 1, 1984, through

24 external borrowings.
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1 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

2 ACTIVITIES

3 For necessary expenses to pay assessed and other ex4 penses of international peacekeeping activities directed to

5 the maintenance or restoration of international peace and

6 security, $1,035,500,000, to remain available until Sep7 tember 30, 2006: Provided, That none of the funds made

8 available under this title shall be obligated or expended for

9 any new or expanded United Nations peacekeeping mission

10 unless, at least 15 days in advance of voting for the new

11 or expanded mission in the United Nations Security Coun12 cil (or in an emergency as far in advance as is practicable):

13 (1) the Committees on Appropriations and other appro14 priate committees of the Congress are notified of the esti15 mated cost and length of the mission, the national interest

16 that will be served, and the planned exit strategy; and (2)

17 a reprogramming of funds pursuant to section 6088 of this

18 Act is submitted, and the procedures therein followed, set19 ting forth the source of funds that will be used to pay for

20 the cost of the new or expanded mission: Provided further,

21 That funds shall be available for peacekeeping expenses only

22 upon a certification by the Secretary of State to the appro23 priate committees of the Congress that American manufac24 turers and suppliers are being given opportunities to pro25 vide equipment, services, and material for United Nations
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1 peacekeeping activities equal to those being given to foreign

2 manufacturers and suppliers: Provided further, That none

3 of the funds made available under this heading are avail4 able to pay the United States share of the cost of court mon5 itoring that is part of any United Nations peacekeeping

6 mission.

7 INTERNATIONAL COMMISSIONS

8 For necessary expenses, not otherwise provided for, to

9 meet obligations of the United States arising under treaties,

10 or specific Acts of Congress, as follows:

11 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

12 UNITED STATES AND MEXICO

13 For necessary expenses for the United States Section

14 of the International Boundary and Water Commission,

15 United States and Mexico, and to comply with laws appli16 cable to the United States Section, including not to exceed

17 $6,000 for representation; as follows:

18 SALARIES AND EXPENSES

19 For salaries and expenses, not otherwise provided for,

20 $28,700,000.

21 CONSTRUCTION

22 For detailed plan preparation and construction of au23 thorized projects, $5,300,000, to remain available until ex24 pended, as authorized.
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1 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

2 For necessary expenses, not otherwise provided, for the

3 International Joint Commission and the International

4 Boundary Commission, United States and Canada, as au5 thorized by treaties between the United States and Canada

6 or Great Britain, and for the Border Environment Coopera7 tion Commission as authorized by Public Law 103–182,

8 $10,400,000, of which not to exceed $9,000 shall be available

9 for representation expenses incurred by the International

10 Joint Commission.

11 INTERNATIONAL FISHERIES COMMISSIONS

12 For necessary expenses for international fisheries com13 missions, not otherwise provided for, as authorized by law,

14 $25,623,000: Provided, That the United States’ share of

15 such expenses may be advanced to the respective commis16 sions pursuant to 31 U.S.C. 3324.

17 OTHER

18 PAYMENT TO THE ASIA FOUNDATION

19 For a grant to the Asia Foundation, as authorized by

20 the Asia Foundation Act (22 U.S.C. 4402), $15,000,000, to

21 remain available until September 30, 2007, as authorized.

22 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST

23 FUND

24 For a grant to the Center for Middle Eastern-Western

25 Dialogue Trust Fund (22 U.S.C. 2078), $7,000,000 for op-
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1 eration of the Center for Middle Eastern-Western Dialogue

2 in Istanbul, Turkey, to remain available until expended.

3 In addition, for necessary expenses of the Center for

4 Middle Eastern-Western Dialogue Trust Fund, the total

5 amount of the interest and earnings accruing to such Fund

6 on or before September 30, 2006, to remain available until

7 expended.

8 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

9 For necessary expenses of Eisenhower Exchange Fel10 lowships, Incorporated, as authorized by sections 4 and 5

11 of the Eisenhower Exchange Fellowship Act of 1990 (20

12 U.S.C. 5204–5205), all interest and earnings accruing to

13 the Eisenhower Exchange Fellowship Program Trust Fund

14 on or before September 30, 2006, to remain available until

15 expended: Provided, That none of the funds appropriated

16 herein shall be used to pay any salary or other compensa17 tion, or to enter into any contract providing for the pay18 ment thereof, in excess of the rate authorized by 5 U.S.C.

19 5376; or for purposes which are not in accordance with

20 OMB Circulars A–110 (Uniform Administrative Require21 ments) and A–122 (Cost Principles for Non-profit Organi22 zations), including the restrictions on compensation for per23 sonal services.

24 ISRAELI ARAB SCHOLARSHIP PROGRAM

25 For necessary expenses of the Israeli Arab Scholarship

26 Program as authorized by section 214 of the Foreign Rela-
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1 tions Authorization Act, Fiscal Years 1992 and 1993 (22

2 U.S.C. 2452), all interest and earnings accruing to the

3 Israeli Arab Scholarship Fund on or before September 30,

4 2006, to remain available until expended.

5 EAST-WEST CENTER

6 To enable the Secretary of State to provide for car7 rying out the provisions of the Center for Cultural and

8 Technical Interchange Between East and West Act of 1960,

9 by grant to the Center for Cultural and Technical Inter10 change Between East and West in the State of Hawaii,

11 $20,000,000: Provided, That none of the funds appropriated

12 herein shall be used to pay any salary, or enter into any

13 contract providing for the payment thereof, in excess of the

14 rate authorized by 5 U.S.C. 5376.

15 NATIONAL ENDOWMENT FOR DEMOCRACY

16 For grants made by the Department of State to the

17 National Endowment for Democracy as authorized by the

18 National Endowment for Democracy Act, $8,800,000 to re19 main available until expended.

20 COMMISSION FOR THE PRESERVATION OF AMERICA’S

21 HERITAGE ABROAD

22 SALARIES AND EXPENSES

23 For necessary expenses for the Commission for the

24 Preservation of America’s Heritage Abroad, $499,000, as

25 authorized by section 1303 of Public Law 99–83.
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1 COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

2 SALARIES AND EXPENSES

3 For necessary expenses for the United States Commis4 sion on International Religious Freedom, as authorized by

5 title II of the International Religious Freedom Act of 1998

6 (Public Law 105–292), $1,000,000.

7 COMMISSION ON SECURITY AND COOPERATION IN EUROPE

8 SALARIES AND EXPENSES

9 For necessary expenses of the Commission on Security

10 and Cooperation in Europe, as authorized by Public Law

11 94–304, $2,030,000, to remain available as authorized by

12 section 3 of Public Law 99–7.

13 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

14 PEOPLE’S REPUBLIC OF CHINA

15 SALARIES AND EXPENSES

16 For necessary expenses of the Congressional-Executive

17 Commission on the People’s Republic of China, as author18 ized, $1,900,000, including not more than $3,000 for the

19 purpose of official representation, to remain available until

20 September 30, 2007.

21 UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

22 COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses of the United States-China

25 Economic and Security Review Commission, $2,800,000,

26 including not more than $5,000 for the purpose of official
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1 representation, to remain available until September 30,

2 2007.

3 UNITED STATES SENATE-CHINA INTERPARLIAMENTARY

4 GROUP

5 SALARIES AND EXPENSES

6 For necessary expenses of the United States Senate7 China Interparliamentary Group, as authorized under sec8 tion 153 of the Consolidated Appropriations Act, 2004 (22

9 U.S.C. 276n; Public Law 108–99; 118 Stat. 448), $150,000

10 to remain available until September 30, 2007.

11 UNITED STATES INSTITUTE OF PEACE

12 OPERATING EXPENSES

13 For necessary expenses of the United States Institute

14 of Peace as authorized in the United States Institute of

15 Peace Act, $21,850,000, to remain available until Sep16 tember 30, 2007.

17 RELATED AGENCY

18 BROADCASTING BOARD OF GOVERNORS

19 INTERNATIONAL BROADCASTING OPERATIONS

20 For expenses necessary to enable the Broadcasting

21 Board of Governors, as authorized, to carry out inter22 national communication activities, and to make and super23 vise grants for radio and television broadcasting to the Mid24 dle East, $603,394,000: Provided, That of the total amount

25 in this heading, not to exceed $16,000 may be used for offi26 cial receptions within the United States as authorized, not
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1 to exceed $35,000 may be used for representation abroad

2 as authorized, and not to exceed $39,000 may be used for

3 official reception and representation expenses of Radio Free

4 Europe/Radio Liberty; and in addition, notwithstanding

5 any other provision of law, not to exceed $2,000,000 in re6 ceipts from advertising and revenue from business ventures,

7 not to exceed $500,000 in receipts from cooperating inter8 national organizations, and not to exceed $1,000,000 in re9 ceipts from privatization efforts of the Voice of America and

10 the International Broadcasting Bureau, to remain avail11 able until expended for carrying out authorized purposes.

12 BROADCASTING TO CUBA

13 For necessary expenses to enable the Broadcasting

14 Board of Governors to carry out broadcasting to Cuba, in15 cluding the purchase, rent, construction, and improvement

16 of facilities for radio and television transmission and recep17 tion and purchase, lease, and installation of necessary

18 equipment for radio and television transmission and recep19 tion, $37,656,000, to remain available until September 30,

20 2007.

21 BROADCASTING CAPITAL IMPROVEMENTS

22 For the purchase, rent, construction, and improvement

23 of facilities for radio transmission and reception, and pur24 chase and installation of necessary equipment for radio and

25 television transmission and reception as authorized,
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1 $10,893,000, to remain available until expended, as author2 ized.

3 TITLE II—EXPORT AND INVESTMENT

4 ASSISTANCE

5 EXPORT-IMPORT BANK OF THE UNITED STATES

6 INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK

7 For necessary expenses of the Office of Inspector Gen8 eral in carrying out the provisions of the Inspector General

9 Act of 1978, as amended, $1,000,000, to remain available

10 until September 30, 2007.

11 EXPORT-IMPORT BANK LOANS PROGRAM ACCOUNT

12 The Export-Import Bank of the United States is au13 thorized to make such expenditures within the limits of

14 funds and borrowing authority available to such corpora15 tion, and in accordance with law, and to make such con16 tracts and commitments without regard to fiscal year limi17 tations, as provided by section 104 of the Government Cor18 poration Control Act, as may be necessary in carrying out

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

20 Provided, That none of the funds available during the cur21 rent fiscal year may be used to make expenditures, con22 tracts, or commitments for the export of nuclear equipment,

23 fuel, or technology to any country, other than a nuclear24 weapon state as defined in Article IX of the Treaty on the

25 Non-Proliferation of Nuclear Weapons eligible to receive

26 economic or military assistance under this Act, that has
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1 detonated a nuclear explosive after the date of the enactment

2 of this Act: Provided further, That notwithstanding section

3 1(c) of Public Law 103–428, as amended, sections 1(a) and

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

5 October 1, 2006.

6 SUBSIDY APPROPRIATION

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

8 and tied-aid grants as authorized by section 10 of the Ex9 port-Import Bank Act of 1945, as amended, $125,000,000,

10 to remain available until September 30, 2009: Provided,

11 That such costs, including the cost of modifying such loans,

12 shall be as defined in section 502 of the Congressional Budg13 et Act of 1974: Provided further, That such sums shall re14 main available until September 30, 2024, for the disburse15 ment of direct loans, loan guarantees, insurance and tied16 aid grants obligated in fiscal years 2006, 2007, 2008, and

17 2009: Provided further, That none of the funds appro18 priated by this Act or any prior Act appropriating funds

19 for foreign operations, export financing, and related pro20 grams for tied-aid credits or grants may be used for any

21 other purpose except through the regular notification proce22 dures of the Committees on Appropriations: Provided fur23 ther, That funds appropriated by this paragraph are made

24 available notwithstanding section 2(b)(2) of the Export-Im25 port Bank Act of 1945, in connection with the purchase
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1 or lease of any product by any Eastern European country,

2 any Baltic State or any agency or national thereof.

3 ADMINISTRATIVE EXPENSES

4 For administrative expenses to carry out the direct

5 and guaranteed loan and insurance programs, including

6 hire of passenger motor vehicles and services as authorized

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

8 reception and representation expenses for members of the

9 Board of Directors, $73,200,000: Provided, That the Ex10 port-Import Bank may accept, and use, payment or services

11 provided by transaction participants for legal, financial,

12 or technical services in connection with any transaction for

13 which an application for a loan, guarantee or insurance

14 commitment has been made: Provided further, That, not15 withstanding subsection (b) of section 117 of the Export En16 hancement Act of 1992, subsection (a) thereof shall remain

17 in effect until October 1, 2006.

18 OVERSEAS PRIVATE INVESTMENT CORPORATION

19 NONCREDIT ACCOUNT

20 The Overseas Private Investment Corporation is au21 thorized to make, without regard to fiscal year limitations,

22 as provided by 31 U.S.C. 9104, such expenditures and com23 mitments within the limits of funds available to it and in

24 accordance with law as may be necessary: Provided, That

25 the amount available for administrative expenses to carry

26 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 with

6 services provided to specific investors or potential investors

7 pursuant to section 234 of the Foreign Assistance Act of

8 1961, shall not be considered administrative expenses for

9 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 the

14 Overseas Private Investment Corporation Non-Credit Ac15 count: Provided, That such costs, including the cost of modi16 fying such loans, shall be as defined in section 502 of the

17 Congressional Budget Act of 1974: Provided further, That

18 such sums shall be available for direct loan obligations and

19 loan guaranty commitments incurred or made during fiscal

20 years 2006 and 2007: Provided further, That such sums

21 shall remain available through fiscal year 2014 for the dis22 bursement of direct and guaranteed loans obligated in fiscal

23 year 2006, and through fiscal year 2015 for the disburse24 ment of direct and guaranteed loans obligated in fiscal year

25 2007: Provided further, That notwithstanding any other

26 provision of law, the Overseas Private Investment Corpora-
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1 tion is authorized to undertake any program authorized by

2 title IV of the Foreign Assistance Act of 1961 in Iraq: Pro3 vided further, That funds made available pursuant to the

4 authority of the previous proviso shall be subject to the reg5 ular notification procedures of the Committees on Appro6 priations.

7 In addition, such sums as may be necessary for admin8 istrative expenses to carry out the credit program may be

9 derived from amounts available for administrative expenses

10 to carry out the credit and insurance programs in the Over11 seas Private Investment Corporation Noncredit Account

12 and merged with said account.

13 FUNDS APPROPRIATED TO THE PRESIDENT

14 TRADE AND DEVELOPMENT AGENCY

15 For necessary expenses to carry out the provisions of

16 section 661 of the Foreign Assistance Act of 1961,

17 $50,900,000, to remain available until September 30, 2007.

18 TITLE III—BILATERAL ECONOMIC ASSISTANCE

19 FUNDS APPROPRIATED TO THE PRESIDENT

20 For expenses necessary to enable the President to carry

21 out the provisions of the Foreign Assistance Act of 1961,

22 and for other purposes, to remain available until September

23 30, 2006, unless otherwise specified herein, as follows:
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1 UNITED STATES AGENCY FOR INTERNATIONAL

2 DEVELOPMENT

3 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses to carry out the provisions of

6 chapters 1 and 10 of part I of the Foreign Assistance Act

7 of 1961, for child survival, health, and family planning/

8 reproductive health activities, in addition to funds other9 wise available for such purposes, $1,659,000,000, to remain

10 available until September 30, 2007: Provided, That this

11 amount shall be made available for such activities as: (1)

12 immunization programs; (2) oral rehydration programs;

13 (3) health, nutrition, water and sanitation programs which

14 directly address the needs of mothers and children, and re15 lated education programs; (4) assistance for children dis16 placed or orphaned by causes other than AIDS; (5) pro17 grams for the prevention, treatment, control of, and research

18 on HIV/AIDS, tuberculosis, polio, malaria, and other infec19 tious diseases, and for assistance to communities severely

20 affected by HIV/AIDS, including children displaced or or21 phaned by AIDS; and (6) family planning/reproductive

22 health: Provided further, That none of the funds appro23 priated under this heading may be made available for non24 project assistance, except that funds may be made available

25 for such assistance for ongoing health activities: Provided

26 further, That of the funds appropriated under this heading,
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1 not to exceed $350,000, in addition to funds otherwise

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

3 provide oversight of child survival, maternal and family

4 planning/reproductive health, and infectious disease pro5 grams: Provided further, That the following amounts should

6 be allocated as follows: $375,000,000 for child survival and

7 maternal health; $30,000,000 for vulnerable children;

8 $350,000,000 for HIV/AIDS including not less than

9 $42,000,000 to support the development of microbicides as

10 a means for combating HIV/AIDS; $285,000,000 for other

11 infectious diseases; and $369,000,000 for family planning/

12 reproductive health, including in areas where population

13 growth threatens biodiversity or endangered species: Pro14 vided further, That of the funds appropriated under this

15 heading, and in addition to funds allocated under the pre16 vious proviso, not less than $250,000,000 shall be made

17 available, notwithstanding any other provision of law, ex18 cept for the United States Leadership Against HIV/AIDS,

19 Tuberculosis and Malaria Act of 2003 (Public Law 108–

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

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

22 Fund’’), and shall be expended at the minimum rate nec23 essary to make timely payment for projects and activities:

24 Provided further, That up to 5 percent of the aggregate

25 amount of funds made available to the Global Fund in fis-
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HR 3057 EAS

1 cal year 2006 may be made available to the United States

2 Agency for International Development for technical assist3 ance related to the activities of the Global Fund: Provided

4 further, That of the funds appropriated under this heading

5 that are available for HIV/AIDS programs and activities,

6 not less than $35,000,000 should be made available for the

7 International AIDS Vaccine Initiative: Provided further,

8 That of the funds appropriated under this heading,

9 $70,000,000 should be made available for a United States

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

11 may be transferred to and merged with funds appropriated

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

13 United States Agency for International Development’’ for

14 costs directly related to international health, but funds

15 made available for such costs may not be derived from

16 amounts made available for contribution under this and

17 preceding provisos: Provided further, That restrictions with

18 respect to assistance provided with funds appropriated by

19 this Act for HIV/AIDS, family planning, or child survival

20 and health activities shall not be construed to restrict assist21 ance in support of programs to expand the availability and

22 use of condoms for HIV/AIDS prevention and of contracep23 tives to reduce the incidence of abortion: Provided further,

24 That none of the funds made available in this Act nor any

25 unobligated balances from prior appropriations may be
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1 made available to any organization or program which, as

2 determined by the President of the United States, directly

3 supports coercive abortion or involuntary sterilization: Pro4 vided further, That the previous proviso shall not be con5 strued to deny funding to any organization or program

6 solely because the government of a country engages in coer7 cive abortion or involuntary sterilization: Provided further,

8 That none of the funds made available under this Act may

9 be used to pay for the performance of abortion as a method

10 of family planning or to motivate or coerce any person to

11 practice abortions: Provided further, That nothing in this

12 paragraph shall be construed to alter any existing statutory

13 prohibitions against abortion under section 104 of the For14 eign Assistance Act of 1961: Provided further, That none

15 of the funds made available under this Act may be used

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

17 order to reduce reliance on abortion in developing nations,

18 funds shall be available only to voluntary family planning

19 projects which offer, either directly or through referral to,

20 or information about access to, a broad range of family

21 planning methods and services, and that any such vol22 untary family planning project shall meet the following re23 quirements: (1) service providers or referral agents in the

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

25 numerical targets, of total number of births, number of fam-
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HR 3057 EAS

1 ily planning acceptors, or acceptors of a particular method

2 of family planning (this provision shall not be construed

3 to include the use of quantitative estimates or indicators

4 for budgeting and planning purposes); (2) the project shall

5 not include payment of incentives, bribes, gratuities, or fi6 nancial reward to: (A) an individual in exchange for be7 coming a family planning acceptor; or (B) program per8 sonnel for achieving a numerical target or quota of total

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

10 acceptors of a particular method of family planning; (3)

11 the project shall not deny any right or benefit, including

12 the right of access to participate in any program of general

13 welfare or the right of access to health care, as a consequence

14 of any individual’s decision not to accept family planning

15 services; (4) the project shall provide family planning ac16 ceptors comprehensible information on the health benefits

17 and risks of the method chosen, including those conditions

18 that might render the use of the method inadvisable and

19 those adverse side effects known to be consequent to the use

20 of the method; and (5) the project shall ensure that experi21 mental contraceptive drugs and devices and medical proce22 dures are provided only in the context of a scientific study

23 in which participants are advised of potential risks and

24 benefits; and, not less than 60 days after the date on which

25 the Administrator of the United States Agency for Inter-
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1 national Development determines that there has been a vio2 lation of the requirements contained in paragraph (1), (2),

3 (3), or (5) of this proviso, or a pattern or practice of viola4 tions of the requirements contained in paragraph (4) of this

5 proviso, the Administrator shall submit to the Committees

6 on Appropriations a report containing a description of such

7 violation and the corrective action taken by the Agency:

8 Provided further, That in awarding grants for natural fam9 ily planning under section 104 of the Foreign Assistance

10 Act of 1961 no applicant shall be discriminated against be11 cause of such applicant’s religious or conscientious commit12 ment to offer only natural family planning; and, addition13 ally, all such applicants shall comply with the requirements

14 of the previous proviso: Provided further, That for purposes

15 of this or any other Act authorizing or appropriating funds

16 for foreign operations, export financing, and related pro17 grams, the term ‘‘motivate’’, as it relates to family planning

18 assistance, shall not be construed to prohibit the provision,

19 consistent with local law, of information or counseling

20 about all pregnancy options: Provided further, That infor21 mation provided about the use of condoms as part of

22 projects or activities that are funded from amounts appro23 priated by this Act shall be medically accurate and shall

24 include the public health benefits and failure rates of such

25 use.
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1 DEVELOPMENT ASSISTANCE

2 For necessary expenses to carry out the provisions of

3 sections 103, 105, 106, and 131, and chapter 10 of part

4 I of the Foreign Assistance Act of 1961, $1,675,000,000, to

5 remain available until September 30, 2006: Provided, That

6 $350,000,000 should be made available for basic education:

7 Provided further, That of the aggregate amount of the funds

8 appropriated by this Act that are made available for agri9 culture and rural development programs, $40,000,000 shall

10 be made available for plant biotechnology research and de11 velopment: Provided further, That of the funds appro12 priated under this heading, not less than $1,000,000 shall

13 be made available for support of the United States Tele14 communications Training Institute: Provided further, That

15 not less than $2,300,000 shall be made available for core

16 support for the International Fertilizer Development Cen17 ter: Provided further, That of the funds appropriated under

18 this heading, not less than $25,000,000 shall be made avail19 able for the American Schools and Hospitals Abroad pro20 gram: Provided further, That of the funds appropriated

21 under this heading, $10,000,000 shall be made available for

22 cooperative development programs within the Office of Pri23 vate and Voluntary Cooperation: Provided further, That of

24 the funds appropriated under this heading, not less than

25 $700,000 shall be made available to the nonprofit organiza-
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HR 3057 EAS

1 tion that conducted the 2001 Micronutrient Compliance Re2 view to improve food aid product quality and nutrient de3 livery, and shall remain available until expended: Provided

4 further, That of the funds appropriated under this heading

5 that are made available for assistance programs for dis6 placed and orphaned children and victims of war, not to

7 exceed $42,500, in addition to funds otherwise available for

8 such purposes, may be used to monitor and provide over9 sight of such programs: Provided further, That of the funds

10 appropriated under this heading, $2,000,000 shall be made

11 available for the Doulos Foundation for programs in South

12 Asia: Provided further, That of the funds appropriated

13 under this heading, not less than $20,000,000 shall be made

14 available for the Election and Political Processes Program

15 of the Office of Democracy and Governance, United States

16 Agency for International Development, of which not less

17 than $18,000,000 shall be made available for democracy

18 grants: Provided further, That not less than $5,000,000

19 should be made available for pilot programs to support ef20 forts to reduce the incidence of child marriage in developing

21 countries: Provided further, That of the funds appropriated

22 under this heading, not less than $20,000,000 shall be made

23 available to develop clean water treatment activities in de24 veloping countries: Provided further, That of the funds ap25 propriated by this Act, not less than $200,000,000 shall be
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HR 3057 EAS

1 made available for drinking water supply projects and re2 lated activities, of which not less than $50,000,000 should

3 be made available for programs in Africa.

4 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

5 For necessary expenses to carry out the provisions of

6 section 491 of the Foreign Assistance Act of 1961 for inter7 national disaster relief, rehabilitation, and reconstruction

8 assistance, $400,000,000, to remain available until ex9 pended, of which $20,000,000 should be for famine preven10 tion and relief.

11 TRANSITION INITIATIVES

12 For necessary expenses for international disaster reha13 bilitation and reconstruction assistance pursuant to section

14 491 of the Foreign Assistance Act of 1961, $50,000,000, to

15 remain available until expended, to support transition to

16 democracy and to long-term development of countries in cri17 sis: Provided, That such support may include assistance to

18 develop, strengthen, or preserve democratic institutions and

19 processes, revitalize basic infrastructure, and foster the

20 peaceful resolution of conflict: Provided further, That the

21 United States Agency for International Development shall

22 submit a report to the Committees on Appropriations at

23 least 5 days prior to beginning a new program of assist24 ance: Provided further, That if the President determines

25 that is important to the national interests of the United

26 States to provide transition assistance in excess of the
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HR 3057 EAS

1 amount appropriated under this heading, up to

2 $15,000,000 of the funds appropriated by this Act to carry

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

4 of 1961 may be used for purposes of this heading and under

5 the authorities applicable to funds appropriated under this

6 heading: Provided further, That funds made available pur7 suant to the previous proviso shall be made available subject

8 to prior consultation with the Committees on Appropria9 tions.

10 DEVELOPMENT CREDIT AUTHORITY

11 (INCLUDING TRANSFER OF FUNDS)

12 For the cost of direct loans and loan guarantees pro13 vided by the United States Agency for International Devel14 opment, as authorized by sections 108 and 635 of the For15 eign Assistance Act of 1961, up to $21,000,000 may be de16 rived by transfer from funds appropriated by this Act to

17 carry out part I of such Act and under the heading ‘‘Assist18 ance for Eastern Europe and the Baltic States’’: Provided,

19 That such funds shall be made available only for micro and

20 small enterprise programs, urban programs, and other pro21 grams which further the purposes of part I of the Act: Pro22 vided further, That such costs, including the cost of modi23 fying such direct and guaranteed loans, shall be as defined

24 in section 502 of the Congressional Budget Act of 1974, as

25 amended: Provided further, That funds made available by

26 this paragraph may be used for the cost of modifying any
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HR 3057 EAS

1 such guaranteed loans under this Act or prior Acts, and

2 funds used for such costs shall be subject to the regular noti3 fication procedures of the Committees on Appropriations:

4 Provided further, That the provisions of section 107A(d)

5 (relating to general provisions applicable to the Develop6 ment Credit Authority) of the Foreign Assistance Act of

7 1961, as contained in section 306 of H.R. 1486 as reported

8 by the House Committee on International Relations on May

9 9, 1997, shall be applicable to direct loans and loan guaran10 tees provided under this heading: Provided further, That

11 these funds are available to subsidize total loan principal,

12 any portion of which is to be guaranteed, of up to

13 $700,000,000.

14 In addition, for administrative expenses to carry out

15 credit programs administered by the United States Agency

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

17 transferred to and merged with the appropriation for Oper18 ating Expenses of the United States Agency for Inter19 national Development: Provided, That funds made avail20 able under this heading shall remain available until Sep21 tember 30, 2007.

22 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

23 DISABILITY FUND

24 For payment to the ‘‘Foreign Service Retirement and

25 Disability Fund’’, as authorized by the Foreign Service Act

26 of 1980, $41,700,000.
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HR 3057 EAS

1 OPERATING EXPENSES OF THE UNITED STATES AGENCY

2 FOR INTERNATIONAL DEVELOPMENT

3 For necessary expenses to carry out the provisions of

4 section 667 of the Foreign Assistance Act of 1961,

5 $620,000,000, of which up to $25,000,000 may remain

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

7 of the funds appropriated under this heading and under

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

9 available to finance the construction (including architect

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

11 offices for use by the United States Agency for International

12 Development, unless the Administrator has identified such

13 proposed construction (including architect and engineering

14 services), purchase, or long-term lease of offices in a report

15 submitted to the Committees on Appropriations at least 15

16 days prior to the obligation of these funds for such purposes:

17 Provided further, That the previous proviso shall not apply

18 where the total cost of construction (including architect and

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

20 does not exceed $1,000,000: Provided further, That contracts

21 or agreements entered into with funds appropriated under

22 this heading may entail commitments for the expenditure

23 of such funds through fiscal year 2007: Provided further,

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

25 than $36,600,000 shall be made available for operations in
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HR 3057 EAS

1 Iraq and Afghanistan: Provided further, That none of the

2 funds in this Act may be used to open a new overseas mis3 sion of the United States Agency for International Develop4 ment without the prior written notification of the Commit5 tees on Appropriations: Provided further, That the author6 ity of sections 610 and 109 of the Foreign Assistance Act

7 of 1961 may be exercised by the Secretary of State to trans8 fer funds appropriated to carry out chapter 1 of part I of

9 such Act to ‘‘Operating Expenses of the United States Agen10 cy for International Development’’ in accordance with the

11 provisions of those sections.

12 CAPITAL INVESTMENT FUND

13 For necessary expenses for overseas construction and

14 related costs, and for the procurement and enhancement of

15 information technology and related capital investments,

16 pursuant to section 667 of the Foreign Assistance Act of

17 1961, $77,700,000, to remain available until expended: Pro18 vided, That this amount is in addition to funds otherwise

19 available for such purposes: Provided further, That funds

20 appropriated under this heading shall be available for obli21 gation only pursuant to the regular notification procedures

22 of the Committees on Appropriations: Provided further,

23 That of the funds appropriated under this heading, not to

24 exceed $19,709,000 may be made available for the purposes

25 of implementing the Capital Security Cost Sharing Pro26 gram.
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HR 3057 EAS

1 OPERATING EXPENSES OF THE UNITED STATES AGENCY

2 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN3 SPECTOR GENERAL

4 For necessary expenses to carry out the provisions of

5 section 667 of the Foreign Assistance Act of 1961,

6 $36,000,000, to remain available until September 30, 2007,

7 which sum shall be available for the Office of the Inspector

8 General of the United States Agency for International De9 velopment.

10 OTHER BILATERAL ECONOMIC ASSISTANCE

11 ECONOMIC SUPPORT FUND

12 For necessary expenses to carry out the provisions of

13 chapter 4 of part II, $3,031,375,000, to remain available

14 until September 30, 2007: Provided, That of the funds ap15 propriated under this heading, not less than $240,000,000

16 shall be available only for Israel, which sum shall be avail17 able on a grant basis as a cash transfer and shall be dis18 bursed within 30 days of the enactment of this Act: Pro19 vided further, That not less than $495,000,000 shall be

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

21 a grant basis, and of which sum cash transfer assistance

22 shall be provided with the understanding that Egypt will

23 undertake significant economic and political reforms which

24 are additional to those which were undertaken in previous

25 fiscal years: Provided further, That with respect to the pro-
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HR 3057 EAS

1 vision of assistance for Egypt for democracy and govern2 ance activities, the organizations implementing such assist3 ance and the specific nature of that assistance shall not be

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

5 Provided further, That of the funds appropriated under this

6 heading for assistance for Egypt, not less than $35,000,000

7 shall be made available for democracy and governance pro8 grams, not less than $50,000,000 should be used for edu9 cation programs and not less than $5,000,000 shall be made

10 available for scholarships for disadvantaged Egyptian stu11 dents to attend the American University in Cairo: Provided

12 further, That of the funds appropriated under this heading

13 for assistance for Egypt for economic reform activities,

14 $227,600,000 shall be withheld from obligation until the

15 Secretary of State determines and reports to the Committees

16 on Appropriations that Egypt has met the calendar year

17 2005 benchmarks accompanying the ‘‘Financial Sector Re18 form Memorandum of Understanding’’ dated March 20,

19 2005, and that Egypt has agreed to the installation of an

20 FM transmitter in Media City for Radio SAWA: Provided

21 further, That of the funds appropriated under this heading,

22 not less than $2,500,000 should be made available for tech23 nical assistance for countries to implement and enforce the

24 Kimberley Process Certification Scheme: Provided further,

25 That in exercising the authority to provide cash transfer
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HR 3057 EAS

1 assistance for Israel, the President shall ensure that the level

2 of such assistance does not cause an adverse impact on the

3 total level of nonmilitary exports from the United States

4 to such country and that Israel enters into a side letter

5 agreement in an amount proportional to the fiscal year

6 1999 agreement: Provided further, That of the funds appro7 priated under this heading, not less than $250,000,000

8 should be made available only for assistance for Jordan:

9 Provided further, That of the funds appropriated under this

10 heading, $120,000,000 shall be made available for the ‘‘Mid11 dle East Partnership Initiative’’: Provided further, That

12 $40,000,000 of the funds appropriated under this heading

13 shall be made available for assistance for Lebanon, of which

14 not less than $6,000,000 should be made available for schol15 arships and direct support of American educational institu16 tions in Lebanon: Provided further, That funds appro17 priated under this heading may be made available for Cy18 prus only for scholarships, administrative support of the

19 scholarship program, bicommunal projects, measures aimed

20 at reunification of the island, and activities to reduce ten21 sions and promote peace and cooperation between the two

22 communities on Cyprus: Provided further, That of the funds

23 appropriated under this heading, not less than $35,000,000

24 shall be made available for assistance for the Philippines:

25 Provided further, That of the funds appropriated under this
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HR 3057 EAS

1 heading, not less than $22,000,000 shall be made available

2 for assistance for the Democratic Republic of Timor-Leste,

3 of which up to $1,000,000 may be available for administra4 tive expenses of the United States Agency for International

5 Development: Provided further, That of the funds appro6 priated under this heading, not less than $10,000,000

7 should be made available for democracy programs and ac8 tivities in Ethiopia: Provided further, That of the funds ap9 propriated under this heading, not less than $2,000,000

10 should be made available for East Asia and Pacific Envi11 ronment Initiatives: Provided further, That prior to the ob12 ligation of funds appropriated under this heading for as13 sistance for the Central Government of Pakistan, the Sec14 retary of State shall submit a report to the Committees on

15 Appropriations describing steps taken in the previous six

16 months by the Government of Pakistan to protect the rights

17 and safety of Pakistani human rights lawyers and journal18 ists: Provided further, That of the funds appropriated under

19 this heading, $3,000,000 shall be made available for the

20 Foundation for Security and Sustainability: Provided fur21 ther, That notwithstanding any other provision of law,

22 $4,000,000 shall be made available for programs and activi23 ties for the Central Highlands of Vietnam: Provided further,

24 That of the funds appropriated under this heading,

25 $2,000,000 shall be made available for economic develop-
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HR 3057 EAS

1 ment programs conducted by Indonesian universities: Pro2 vided further, That of the funds appropriated under this

3 heading, $5,000,000 shall be made available for democracy

4 and media programs in Thailand: Provided further, That

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

6 shall be made available to continue to support the provision

7 of wheelchairs for needy persons in developing countries:

8 Provided further, That funds appropriated under this head9 ing that are made available for a Middle East Financing

10 Facility, Middle East Enterprise Fund, or any other simi11 lar entity in the Middle East shall be subject to the regular

12 notification procedures of the Committees on Appropria13 tions: Provided further, That of the funds appropriated

14 under this heading, not less than $4,000,000 shall be made

15 available for the Office of the United Nations High Commis16 sioner for Human Rights in Nepal: Provided further, That

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

18 $1,000,000 should be made available for a United States

19 contribution to the Extractive Industries Transparency Ini20 tiative Trust Fund: Provided further, That of funds appro21 priated under this heading, $13,000,000 should be made

22 available for a United States contribution to the Special

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

24 to funds appropriated under this heading in this Act or

25 prior Acts making appropriations for foreign operations,
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HR 3057 EAS

1 export financing, and related programs, the responsibility

2 for policy decisions and justifications for the use of such

3 funds, including whether there will be a program for a

4 country that uses those funds and the amount of each such

5 program, shall be the responsibility of the Secretary of State

6 and the Deputy Secretary of State and this responsibility

7 shall not be delegated.

8 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

9 STATES

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

11 of the Foreign Assistance Act of 1961 and the Support for

12 East European Democracy (SEED) Act of 1989,

13 $395,000,000, to remain available until September 30,

14 2007, which shall be available, notwithstanding any other

15 provision of law, for assistance and for related programs

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

17 of the funds appropriated under this heading $3,500,000

18 shall be made available for leadership development pro19 grams for women and youth and $5,000,000 shall be made

20 available for rule of law programs for the training of judges.

21 (b) Funds appropriated under this heading shall be

22 considered to be economic assistance under the Foreign As23 sistance Act of 1961 for purposes of making available the

24 administrative authorities contained in that Act for the use

25 of economic assistance.
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HR 3057 EAS

1 (c) The provisions of section 6029 of this Act shall

2 apply to funds appropriated under this heading: Provided,

3 That notwithstanding any provision of this or any other

4 Act, including provisions in this subsection regarding the

5 application of section 6029 of this Act, local currencies gen6 erated by, or converted from, funds appropriated by this

7 Act and by previous appropriations Acts and made avail8 able for the economic revitalization program in Bosnia may

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

10 out the provisions of the Foreign Assistance Act of 1961

11 and the Support for East European Democracy (SEED)

12 Act of 1989.

13 (d) The President is authorized to withhold funds ap14 propriated under this heading made available for economic

15 revitalization programs in Bosnia and Herzegovina, if he

16 determines and certifies to the Committees on Appropria17 tions that the Federation of Bosnia and Herzegovina has

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

19 Framework Agreement for Peace in Bosnia and

20 Herzegovina concerning the withdrawal of foreign forces,

21 and that intelligence cooperation on training, investiga22 tions, and related activities between state sponsors of ter23 rorism and terrorist organizations and Bosnian officials

24 has not been terminated.
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HR 3057 EAS

1 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

2 FORMER SOVIET UNION

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

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

5 Act of 1961 and the FREEDOM Support Act, for assistance

6 for the Independent States of the former Soviet Union and

7 for related programs, $565,000,000, to remain available

8 until September 30, 2007: Provided, That the provisions of

9 such chapters shall apply to funds appropriated by this

10 paragraph: Provided further, That funds made available for

11 the Southern Caucasus region may be used, notwith12 standing any other provision of law, for confidence-building

13 measures and other activities in furtherance of the peaceful

14 resolution of the regional conflicts, especially those in the

15 vicinity of Abkhazia and Nagorno-Karabagh: Provided fur16 ther, That of the funds appropriated under this heading,

17 $6,500,000 should be available only to meet the health and

18 other assistance needs of victims of trafficking in persons:

19 Provided further, That of the funds appropriated under this

20 heading, not less than $5,000,000 shall be made available

21 to the National Endowment for Democracy for political

22 party development programs in Russia: Provided further,

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

24 than $5,000,000 should be made available for humani25 tarian, conflict mitigation, relief and recovery assistance
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HR 3057 EAS

1 for Chechnya, Ingushetia, and elsewhere in the North

2 Caucasus: Provided further, That notwithstanding any

3 other provision of law, funds appropriated under this head4 ing in this Act or prior Acts making appropriations for

5 foreign operations, export financing, and related programs,

6 that are made available pursuant to the provisions of sec7 tion 807 of Public Law 102–511 shall be subject to a 6 per8 cent ceiling on administrative expenses.

9 (b) Of the funds appropriated under this heading that

10 are made available for assistance for Ukraine, not less than

11 $7,000,000 shall be made available for nuclear reactor safe12 ty initiatives, and not less than $5,000,000 shall be made

13 available for coal mine safety programs.

14 (c) Of the funds appropriated under this heading,

15 $2,500,000 shall be made available for the Business Infor16 mation Service for the Newly Independent States.

17 (d)(1) Of the funds appropriated under this heading

18 that are allocated for assistance for the Government of the

19 Russian Federation, 60 percent shall be withheld from obli20 gation until the President determines and certifies in writ21 ing to the Committees on Appropriations that the Govern22 ment of the Russian Federation—

23 (A) has terminated implementation of arrange24 ments to provide Iran with technical expertise, train25 ing, technology, or equipment necessary to develop a
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HR 3057 EAS

1 nuclear reactor, related nuclear research facilities or

2 programs, or ballistic missile capability; and

3 (B) is providing full access to international non4 government organizations providing humanitarian

5 relief to refugees and internally displaced persons in

6 Chechnya.

7 (2) Paragraph (1) shall not apply to—

8 (A) assistance to combat infectious diseases, child

9 survival activities, or assistance for victims of traf10 ficking in persons; and

11 (B) activities authorized under title V (Non12 proliferation and Disarmament Programs and Activi13 ties) of the FREEDOM Support Act.

14 (e) Section 907 of the FREEDOM Support Act shall

15 not apply to—

16 (1) activities to support democracy or assistance

17 under title V of the FREEDOM Support Act and sec18 tion 1424 of Public Law 104–201 or non-proliferation

19 assistance;

20 (2) any assistance provided by the Trade and

21 Development Agency under section 661 of the Foreign

22 Assistance Act of 1961 (22 U.S.C. 2421);

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

24 United States and Foreign Commercial Service while

25 acting within his or her official capacity;
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HR 3057 EAS

1 (4) any insurance, reinsurance, guarantee or

2 other assistance provided by the Overseas Private In3 vestment Corporation under title IV of chapter 2 of

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

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

6 (5) any financing provided under the Export7 Import Bank Act of 1945; or

8 (6) humanitarian assistance.

9 INDEPENDENT AGENCIES

10 INTER-AMERICAN FOUNDATION

11 For necessary expenses to carry out the functions of

12 the Inter-American Foundation in accordance with the pro13 visions of section 401 of the Foreign Assistance Act of 1969,

14 $20,000,000, to remain available until September 30, 2007.

15 AFRICAN DEVELOPMENT FOUNDATION

16 For necessary expenses to carry out title V of the Inter17 national Security and Development Cooperation Act of

18 1980, Public Law 96–533, $25,000,000, to remain available

19 until September 30, 2007: Provided, That funds made

20 available to grantees may be invested pending expenditure

21 for project purposes when authorized by the board of direc22 tors of the Foundation: Provided further, That interest

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

24 grant was made: Provided further, That notwithstanding

25 section 505(a)(2) of the African Development Foundation

26 Act, in exceptional circumstances the board of directors of
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HR 3057 EAS

1 the Foundation may waive the $250,000 limitation con2 tained in that section with respect to a project: Provided

3 further, That the Foundation shall provide a report to the

4 Committees on Appropriations after each time such waiver

5 authority is exercised.

6 PEACE CORPS

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses to carry out the provisions of

9 the Peace Corps Act (75 Stat. 612), including the purchase

10 of not to exceed five passenger motor vehicles for adminis11 trative purposes for use outside of the United States,

12 $320,000,000, to remain available until September 30,

13 2007: Provided, That none of the funds appropriated under

14 this heading shall be used to pay for abortions: Provided

15 further, That the Director may transfer to the Foreign Cur16 rency Fluctuations Account, as authorized by 22 U.S.C.

17 2515, an amount not to exceed $2,000,000: Provided fur18 ther, That funds transferred pursuant to the previous pro19 viso may not be derived from amounts made available for

20 Peace Corps overseas operations.

21 MILLENNIUM CHALLENGE CORPORATION

22 For necessary expenses for the ‘‘Millennium Challenge

23 Corporation’’, $1,800,000,000, to remain available until ex24 pended: Provided, That of the funds appropriated under

25 this heading, up to $70,000,000 may be available for ad26 ministrative expenses of the Millennium Challenge Corpora-
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HR 3057 EAS

1 tion: Provided further, That up to 10 percent of the funds

2 appropriated under this heading may be made available to

3 carry out the purposes of section 616 of the Millennium

4 Challenge Act of 2003 for candidate countries for fiscal year

5 2006: Provided further, That none of the funds available

6 to carry out section 616 of such Act may be made available

7 until the Chief Executive Officer of the Millennium Chal8 lenge Corporation provides a report to the Committees on

9 Appropriations listing the candidate countries that will be

10 receiving assistance under section 616 of such Act, the level

11 of assistance proposed for each such country, a description

12 of the proposed programs, projects and activities, and the

13 implementing agency or agencies of the United States Gov14 ernment: Provided further, That section 605(e)(4) of the

15 Millennium Challenge Act of 2003 shall apply to funds ap16 propriated under this heading: Provided further, That

17 funds appropriated under this heading may be made avail18 able for a Millennium Challenge Compact entered into pur19 suant to section 609 of the Millennium Challenge Act of

20 2003 only if such Compact obligates, or contains a commit21 ment to obligate subject to the availability of funds and the

22 mutual agreement of the parties to the Compact to proceed,

23 the entire amount of the United States Government funding

24 anticipated for the duration of the Compact.
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1 DEPARTMENT OF STATE

2 GLOBAL HIV/AIDS INITIATIVE

3 For necessary expenses to carry out the provisions of

4 the Foreign Assistance Act of 1961 for the prevention, treat5 ment, and control of, and research on, HIV/AIDS,

6 $2,020,000,000, to remain available until expended, of

7 which $150,000,000 shall be made available, notwith8 standing any other provision of law, except for the United

9 States Leadership Against HIV/AIDS, Tuberculosis and

10 Malaria Act of 2003 (Public Law 108–25) for a United

11 States contribution to the Global Fund to Fight AIDS, Tu12 berculosis and Malaria, and shall be expended at the min13 imum rate necessary to make timely payment for projects

14 and activities: Provided, That of the funds appropriated

15 under this heading, $35,000,000 shall be made available for

16 a United States contribution to UNAIDS.

17 DEMOCRACY FUND

18 For necessary expenses to carry out the provisions of

19 the Foreign Assistance Act of 1961 for the promotion of de20 mocracy, human rights, independent media, and the rule

21 of law globally, $175,000,000, to remain available until ex22 pended: Provided, That funds appropriated under this

23 heading shall be made available notwithstanding any other

24 provision of law, as follows: $85,000,000 for the Human

25 Rights and Democracy Fund of the Bureau of Democracy,

26 Human Rights and Labor, Department of State;
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HR 3057 EAS

1 $80,000,000 for the National Endowment for Democracy;

2 and $10,000,000 for a United States contribution to a

3 United Nations democracy fund: Provided further, That

4 funds appropriated under this heading are in addition to

5 funds otherwise available for such purposes: Provided fur6 ther, That of the funds appropriated by title III of this Act,

7 not less than $1,448,200,000 shall be made available for de8 mocracy, human rights and rule of law programs, of which

9 not more than $250,000,000 shall be made available for con10 tracts to promote democracy, human rights, and the rule

11 of law globally.

12 INTERNATIONAL NARCOTICS CONTROL AND LAW

13 ENFORCEMENT

14 For necessary expenses to carry out section 481 of the

15 Foreign Assistance Act of 1961, $523,874,000, to remain

16 available until September 30, 2007: Provided, That during

17 fiscal year 2006, the Department of State may also use the

18 authority of section 608 of the Foreign Assistance Act of

19 1961, without regard to its restrictions, to receive excess

20 property from an agency of the United States Government

21 for the purpose of providing it to a foreign country under

22 chapter 8 of part I of that Act subject to the regular notifi23 cation procedures of the Committees on Appropriations:

24 Provided further, That the Secretary of State shall provide

25 to the Committees on Appropriations not later than 45 days

26 after the date of the enactment of this Act and prior to the
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1 initial obligation of funds appropriated under this heading,

2 a report on the proposed uses of all funds under this head3 ing on a country-by-country basis for each proposed pro4 gram, project, or activity: Provided further, That of the

5 funds appropriated under this heading, not less than

6 $16,000,000 shall be made available for training programs

7 and activities of the International Law Enforcement Acad8 emies: Provided further, That of the funds appropriated

9 under this heading, not less than $1,500,000 shall be made

10 available for police training in the Republic of Timor-Leste:

11 Provided further, That of the funds appropriated under this

12 heading, not more than $30,000,000 may be available for

13 administrative expenses: Provided further, That of the funds

14 appropriated under this heading, not less than $10,000,000

15 should be made available for law enforcement programs to

16 combat the prevalence of violent gangs in Guatemala, Hon17 duras, and El Salvador.

18 ANDEAN COUNTERDRUG INITIATIVE

19 For necessary expenses to carry out section 481 of the

20 Foreign Assistance Act of 1961 to support counterdrug ac21 tivities in the Andean region of South America,

22 $734,500,000, to remain available until September 30,

23 2007: Provided, That in fiscal year 2006, funds available

24 to the Department of State for assistance to the Government

25 of Colombia shall be available to support a unified cam26 paign against narcotics trafficking, against activities by or-
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1 ganizations designated as terrorist organizations such as

2 the Revolutionary Armed Forces of Colombia (FARC), the

3 National Liberation Army (ELN), and the United Self-De4 fense Forces of Colombia (AUC), and to take actions to pro5 tect human health and welfare in emergency circumstances,

6 including undertaking rescue operations: Provided further,

7 That this authority shall cease to be effective if the Secretary

8 of State has credible evidence that the Colombian Armed

9 Forces are not conducting vigorous operations to restore

10 government authority and respect for human rights in areas

11 under the effective control of paramilitary and guerrilla or12 ganizations: Provided further, That the President shall en13 sure that if any helicopter procured with funds under this

14 heading is used to aid or abet the operations of any illegal

15 self-defense group or illegal security cooperative, such heli16 copter shall be immediately returned to the United States:

17 Provided further, That the Secretary of State, in consulta18 tion with the Administrator of the United States Agency

19 for International Development, shall provide to the Com20 mittees on Appropriations not later than 45 days after the

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

22 obligation of funds appropriated under this heading, a re23 port on the proposed uses of all funds under this heading

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

25 project, or activity: Provided further, That funds made
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1 available in this Act for demobilization/reintegration of

2 members of foreign terrorist organizations in Colombia

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

4 notification procedures of, the Committees on Appropria5 tions: Provided further, That of the funds appropriated

6 under this heading, not more than $278,450,000 shall be

7 made available for assistance for the Colombian Armed

8 Forces and National Police: Provided further, That of the

9 funds appropriated under this heading, not less than

10 $149,757,000 shall be made available for alternative devel11 opment/institution building in Colombia, which shall be ap12 portioned directly to the United States Agency for Inter13 national Development: Provided further, That with respect

14 to funds apportioned to the United States Agency for Inter15 national Development under the previous proviso, the re16 sponsibility for policy decisions for the use of such funds,

17 including what activities will be funded and the amount

18 of funds that will be provided for each of those activities,

19 shall be the responsibility of the Administrator of the

20 United States Agency for International Development in

21 consultation with the Assistant Secretary of State for Inter22 national Narcotics and Law Enforcement Affairs: Provided

23 further, That of the funds appropriated under this heading,

24 not less than $8,000,000 should be made available for judi25 cial reform programs in Colombia: Provided further, That
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1 of the funds appropriated under this heading, in addition

2 to funds made available pursuant to the previous proviso,

3 not less than $10,000,000 shall be made available to the

4 United States Agency for International Development for or5 ganizations and programs to protect human rights: Pro6 vided further, That not more than 20 percent of the funds

7 appropriated by this Act that are used for the procurement

8 of chemicals for aerial coca and poppy fumigation pro9 grams may be made available for such programs unless the

10 Secretary of State certifies to the Committees on Appropria11 tions that: (1) the herbicide is being used in accordance with

12 EPA label requirements for comparable use in the United

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

14 the manner it is being used, does not pose unreasonable

15 risks or adverse effects to humans or the environment in16 cluding endemic species: Provided further, That such funds

17 may not be made available unless the Secretary of State

18 certifies to the Committees on Appropriations that com19 plaints of harm to health or licit crops caused by such fumi20 gation are evaluated and fair compensation is being paid

21 for meritorious claims: Provided further, That such funds

22 may not be made available for such purposes unless pro23 grams are being implemented by the United States Agency

24 for International Development, the Government of Colom25 bia, or other organizations, in consultation with local com-
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1 munities, to provide alternative sources of income in areas

2 where security permits for small-acreage growers whose il3 licit crops are targeted for fumigation: Provided further,

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

5 than $2,000,000 should be made available through non6 governmental organizations for programs to protect bio7 diversity and indigenous reserves in Colombia: Provided

8 further, That funds appropriated by this Act may be used

9 for aerial fumigation in Colombia’s national parks or re10 serves only if the Secretary of State determines that it is

11 in accordance with Colombian laws and that there are no

12 effective alternatives to reduce drug cultivation in these

13 areas: Provided further, That section 482(b) of the Foreign

14 Assistance Act of 1961 shall not apply to funds appro15 priated under this heading: Provided further, That assist16 ance provided with funds appropriated under this heading

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

18 the Foreign Assistance Act of 1961 shall be made available

19 subject to the regular notification procedures of the Commit20 tees on Appropriations: Provided further, That no United

21 States Armed Forces personnel or United States civilian

22 contractor employed by the United States will participate

23 in any combat operation in connection with assistance

24 made available by this Act for Colombia: Provided further,

25 That funds appropriated under this heading that are made
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1 available for assistance for the Bolivian military may be

2 made available for such purposes only if the Secretary of

3 State certifies that the Bolivian military is respecting

4 human rights, and civilian judicial authorities are inves5 tigating and prosecuting, with the military’s cooperation,

6 military personnel who have been implicated in gross viola7 tions of human rights: Provided further, That of the funds

8 appropriated under this heading, not more than

9 $16,000,000 may be available for administrative expenses

10 of the Department of State, and not more than $7,000,000

11 may be available, in addition to amounts otherwise avail12 able for such purposes, for administrative expenses of the

13 United States Agency for International Development.

14 MIGRATION AND REFUGEE ASSISTANCE

15 For expenses, not otherwise provided for, necessary to

16 enable the Secretary of State to provide, as authorized by

17 law, a contribution to the International Committee of the

18 Red Cross, assistance to refugees, including contributions

19 to the International Organization for Migration and the

20 United Nations High Commissioner for Refugees, and other

21 activities to meet refugee and migration needs; salaries and

22 expenses of personnel and dependents as authorized by the

23 Foreign Service Act of 1980; allowances as authorized by

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

25 purchase and hire of passenger motor vehicles; and services

26 as authorized by section 3109 of title 5, United States Code,
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1 $900,000,000, to remain available until expended: Pro2 vided, That not more than $23,000,000 may be available

3 for administrative expenses: Provided further, That not less

4 than $40,000,000 of the funds made available under this

5 heading shall be made available for refugees from the former

6 Soviet Union and Eastern Europe and other refugees reset7 tling in Israel: Provided further, That funds made available

8 under this heading should be made available for assistance

9 for refugees from North Korea: Provided further, That funds

10 appropriated under this heading may be made available for

11 a headquarters contribution to the International Committee

12 of the Red Cross only if the Secretary of State determines

13 (and so reports to the appropriate committees of Congress)

14 that the Magen David Adom Society of Israel is not being

15 denied participation in the activities of the International

16 Red Cross and Red Crescent Movement: Provided further,

17 That funds appropriated under this heading should be made

18 available to develop effective responses to protracted refugee

19 situations, including the development of programs to assist

20 long-term refugee populations within and outside tradi21 tional camp settings that support refugees living or working

22 in local communities such as integration of refugees into

23 local schools and services, resource conservation projects and

24 other projects designed to diminish conflict between refugee

25 hosting communities and refugees, and encouraging dia-
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HR 3057 EAS

1 logue among refugee hosting communities, the United Na2 tions High Commissioner for Refugees, and international

3 and nongovernmental refugee assistance organizations to

4 promote the rights to which refugees are entitled under the

5 Convention Relating to the Status of Refugees of July 28,

6 1951 and the Protocol Relating to the Status of Refugees,

7 done at New York January 31, 1967.

8 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

9 ASSISTANCE FUND

10 For necessary expenses to carry out the provisions of

11 section 2(c) of the Migration and Refugee Assistance Act

12 of 1962, as amended (22 U.S.C. 2601(c)), $40,000,000, to

13 remain available until expended: Provided, That funds

14 made available under this heading are appropriated not15 withstanding the provisions contained in section 2(c)(2) of

16 such Act which would limit the amount of funds which

17 could be appropriated for this purpose.

18 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

19 RELATED PROGRAMS

20 For necessary expenses for nonproliferation, anti-ter21 rorism, demining and related programs and activities,

22 $445,100,000, to carry out the provisions of chapter 8 of

23 part II of the Foreign Assistance Act of 1961 for anti-ter24 rorism assistance, chapter 9 of part II of the Foreign Assist25 ance Act of 1961, section 504 of the FREEDOM Support

26 Act, section 23 of the Arms Export Control Act or the For-
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HR 3057 EAS

1 eign Assistance Act of 1961 for demining activities, the

2 clearance of unexploded ordnance, the destruction of small

3 arms, and related activities, notwithstanding any other

4 provision of law, including activities implemented through

5 nongovernmental and international organizations, and sec6 tion 301 of the Foreign Assistance Act of 1961 for a vol7 untary contribution to the International Atomic Energy

8 Agency (IAEA), and for a United States contribution to

9 the Comprehensive Nuclear Test Ban Treaty Preparatory

10 Commission that should be not less than $19,350,000: Pro11 vided, That of this amount not to exceed $37,500,000, to

12 remain available until expended, may be made available

13 for the Nonproliferation and Disarmament Fund, notwith14 standing any other provision of law, to promote bilateral

15 and multilateral activities relating to nonproliferation and

16 disarmament: Provided further, That such funds may also

17 be used for such countries other than the Independent States

18 of the former Soviet Union and international organizations

19 when it is in the national security interest of the United

20 States to do so: Provided further, That funds appropriated

21 under this heading may be made available for the Inter22 national Atomic Energy Agency only if the Secretary of

23 State determines (and so reports to the Congress) that Israel

24 is not being denied its right to participate in the activities

25 of that Agency: Provided further, That of the funds made
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HR 3057 EAS

1 available for demining and related activities, not to exceed

2 $705,000, in addition to funds otherwise available for such

3 purposes, may be used for administrative expenses related

4 to the operation and management of the demining program:

5 Provided further, That funds appropriated under this head6 ing that are available for ‘‘Anti-terrorism Assistance’’ and

7 ‘‘Export Control and Border Security’’ shall remain avail8 able until September 30, 2007.

9 CONFLICT RESPONSE FUND

10 For necessary expenses to assist in stabilizing and re11 constructing a country that is in, or is in transition from,

12 conflict or civil strife, $74,000,000, to remain available

13 until expended: Provided, That funds available under this

14 paragraph may be used for assistance for a country only

15 if the Secretary of State determines and reports to the Com16 mittees on Appropriations and the Committee on Foreign

17 Relations of the Senate and the Committee on International

18 Relations of the House of Representatives that it is impor19 tant to the national security interests of the United States

20 to do so and consults with the Committees on Appropria21 tions prior to making any such determination: Provided

22 further, That the President may exercise the authority of

23 section 552 of the Foreign Assistance Act of 1961, without

24 regard and in addition to the dollar limitations contained

25 in that section, to furnish assistance under this heading

26 with respect to any country that is the subject of a deter-
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HR 3057 EAS

1 mination made under this heading: Provided further, That

2 assistance furnished under this heading for any country

3 that is the subject of a determination under this heading

4 may be made available notwithstanding any other provi5 sion of law: Provided further, That the previous proviso

6 shall not apply to section 6051 of this Act: Provided further,

7 That the administrative authorities of the Foreign Assist8 ance Act of 1961 shall be applicable to the funds and re9 sources available under this paragraph: Provided further,

10 That up to an aggregate amount of 5 percent of the funds

11 appropriated under this paragraph may be made available

12 to United States Government agencies for the administra13 tive costs of such agencies in implementing activities under

14 this paragraph: Provided further, That funds and resources

15 available under this heading shall be subject to the regular

16 notification procedures of the Committees on Appropria17 tions except that such notification shall be transmitted at

18 least 5 days in advance of the obligation of funds.

19 DEPARTMENT OF THE TREASURY

20 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

21 For necessary expenses to carry out the provisions of

22 section 129 of the Foreign Assistance Act of 1961,

23 $20,000,000, to remain available until September 30, 2007,

24 which shall be available notwithstanding any other provi25 sion of law.
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1 DEBT RESTRUCTURING

2 For the cost, as defined in section 502 of the Congres3 sional Budget Act of 1974, of modifying loans and loan

4 guarantees, as the President may determine, for which

5 funds have been appropriated or otherwise made available

6 for programs within the International Affairs Budget Func7 tion 150, including the cost of selling, reducing, or canceling

8 amounts owed to the United States as a result of

9 concessional loans made to eligible countries, pursuant to

10 parts IV and V of the Foreign Assistance Act of 1961, of

11 modifying concessional credit agreements with least devel12 oped countries, as authorized under section 411 of the Agri13 cultural Trade Development and Assistance Act of 1954, as

14 amended, of concessional loans, guarantees and credit

15 agreements, as authorized under section 572 of the Foreign

16 Operations, Export Financing, and Related Programs Ap17 propriations Act, 1989 (Public Law 100–461), and of can18 celing amounts owed, as a result of loans or guarantees

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

20 countries that are eligible for debt reduction pursuant to

21 title V of H.R. 3425 as enacted into law by section

22 1000(a)(5) of Public Law 106–113, $99,750,000, to remain

23 available until September 30, 2008: Provided, That not less

24 than $20,000,000 of the funds appropriated under this

25 heading shall be made available to carry out the provisions
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HR 3057 EAS

1 of part V of the Foreign Assistance Act of 1961: Provided

2 further, That up to $75,000,000 of the funds appropriated

3 under this heading may be used by the Secretary of the

4 Treasury to pay to the Heavily Indebted Poor Countries

5 (HIPC) Trust Fund administered by the International

6 Bank for Reconstruction and Development amounts for the

7 benefit of countries that are eligible for debt reduction pur8 suant to title V of H.R. 3425 as enacted into law by section

9 1000(a)(5) of Public Law 106–113: Provided further, That

10 amounts paid to the HIPC Trust Fund may be used only

11 to fund debt reduction under the enhanced HIPC initiative

12 by—

13 (1) the Inter-American Development Bank;

14 (2) the African Development Fund;

15 (3) the African Development Bank; and

16 (4) the Central American Bank for Economic In17 tegration:

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

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

20 of State has credible evidence that the government of such

21 country is engaged in a consistent pattern of gross viola22 tions of internationally recognized human rights or in mili23 tary or civil conflict that undermines its ability to develop

24 and implement measures to alleviate poverty and to devote

25 adequate human and financial resources to that end: Pro-
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HR 3057 EAS

1 vided further, That on the basis of final appropriations, the

2 Secretary of the Treasury shall consult with the Committees

3 on Appropriations concerning which countries and inter4 national financial institutions are expected to benefit from

5 a United States contribution to the HIPC Trust Fund dur6 ing the fiscal year: Provided further, That the Secretary of

7 the Treasury shall inform the Committees on Appropria8 tions not less than 15 days in advance of the signature of

9 an agreement by the United States to make payments to

10 the HIPC Trust Fund of amounts for such countries and

11 institutions: Provided further, That the Secretary of the

12 Treasury may disburse funds designated for debt reduction

13 through the HIPC Trust Fund only for the benefit of coun14 tries that—

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

16 not to accept new market-rate loans from the inter17 national financial institution receiving debt repay18 ment as a result of such disbursement, other than

19 loans made by such institutions to export-oriented

20 commercial projects that generate foreign exchange

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

22 and

23 (2) have documented and demonstrated their

24 commitment to redirect their budgetary resources

25 from international debt repayments to programs to
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HR 3057 EAS

1 alleviate poverty and promote economic growth that

2 are additional to or expand upon those previously

3 available for such purposes:

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

5 section 411 of the Agricultural Trade Development and As6 sistance Act of 1954 shall not apply to funds appropriated

7 under this heading: Provided further, That none of the

8 funds made available under this heading in this or any

9 other appropriations Act shall be made available for Sudan

10 or Burma unless the Secretary of the Treasury determines

11 and notifies the Committees on Appropriations that a

12 democratically elected government has taken office: Pro13 vided further, That none of the funds appropriated under

14 this heading may be paid to the HIPC Trust Fund for the

15 benefit of any country that has accepted loans from an

16 international financial institution between such country’s

17 decision point and completion point: Provided further, That

18 the terms ‘‘decision point’’ and ‘‘completion point’’ shall

19 have the same meaning as defined by the International

20 Monetary Fund.

21 TITLE IV—MILITARY ASSISTANCE

22 FUNDS APPROPRIATED TO THE PRESIDENT

23 INTERNATIONAL MILITARY EDUCATION AND TRAINING

24 For necessary expenses to carry out the provisions of

25 section 541 of the Foreign Assistance Act of 1961,
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HR 3057 EAS

1 $86,744,000, of which up to $3,000,000 may remain avail2 able until expended: Provided, That the civilian personnel

3 for whom military education and training may be provided

4 under this heading may include civilians who are not mem5 bers of a government whose participation would contribute

6 to improved civil-military relations, civilian control of the

7 military, or respect for human rights: Provided further,

8 That funds appropriated under this heading for military

9 education and training for Guatemala may only be avail10 able for expanded international military education and

11 training, and funds made available for Haiti, the Demo12 cratic Republic of the Congo, and Nigeria may only be pro13 vided through the regular notification procedures of the

14 Committees on Appropriations.

15 FOREIGN MILITARY FINANCING PROGRAM

16 (INCLUDING TRANSFER OF FUNDS)

17 For expenses necessary for grants to enable the Presi18 dent to carry out the provisions of section 23 of the Arms

19 Export Control Act, $4,603,600,000: Provided, That of the

20 funds appropriated under this heading, not less than

21 $2,280,000,000 shall be available for grants only for Israel:

22 Provided further, That the funds appropriated by this para23 graph for Israel shall be disbursed within 30 days of the

24 enactment of this Act: Provided further, That to the extent

25 that the Government of Israel requests that funds be used

26 for such purposes, grants made available for Israel by this
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1 paragraph shall, as agreed by Israel and the United States,

2 be available for advanced weapons systems, of which not

3 less than $595,000,000 shall be available for the procure4 ment in Israel of defense articles and defense services, in5 cluding research and development: Provided further, That

6 of the funds appropriated by this paragraph, $206,000,000

7 shall be made available for assistance for Jordan: Provided

8 further, That of the funds appropriated by this paragraph,

9 $10,000,000 shall be made available for assistance for Tuni10 sia: Provided further, That funds appropriated or otherwise

11 made available by this paragraph shall be nonrepayable

12 notwithstanding any requirement in section 23 of the Arms

13 Export Control Act: Provided further, That funds made

14 available under this paragraph shall be obligated upon ap15 portionment in accordance with paragraph (5)(C) of title

16 31, United States Code, section 1501(a).

17 None of the funds made available under this heading

18 shall be available to finance the procurement of defense arti19 cles, defense services, or design and construction services

20 that are not sold by the United States Government under

21 the Arms Export Control Act unless the foreign country pro22 posing to make such procurements has first signed an agree23 ment with the United States Government specifying the

24 conditions under which such procurements may be financed

25 with such funds: Provided, That all country and funding
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1 level increases in allocations shall be submitted through the

2 regular notification procedures of section 6015 of this Act:

3 Provided further, That none of the funds appropriated

4 under this heading shall be available for assistance for

5 Sudan and Guatemala: Provided further, That none of the

6 funds appropriated under this heading may be made avail7 able for assistance for Haiti except pursuant to the regular

8 notification procedures of the Committees on Appropria9 tions: Provided further, That funds made available under

10 this heading may be used, notwithstanding any other provi11 sion of law, for demining, the clearance of unexploded ord12 nance, and related activities, and may include activities

13 implemented through nongovernmental and international

14 organizations: Provided further, That only those countries

15 for which assistance was justified for the ‘‘Foreign Military

16 Sales Financing Program’’ in the fiscal year 1989 congres17 sional presentation for security assistance programs may

18 utilize funds made available under this heading for procure19 ment of defense articles, defense services or design and con20 struction services that are not sold by the United States

21 Government under the Arms Export Control Act: Provided

22 further, That funds appropriated under this heading shall

23 be expended at the minimum rate necessary to make timely

24 payment for defense articles and services: Provided further,

25 That not more than $42,500,000 of the funds appropriated
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HR 3057 EAS

1 under this heading may be obligated for necessary expenses,

2 including the purchase of passenger motor vehicles for re3 placement only for use outside of the United States, for the

4 general costs of administering military assistance and sales:

5 Provided further, That not more than $373,000,000 of funds

6 realized pursuant to section 21(e)(1)(A) of the Arms Export

7 Control Act may be obligated for expenses incurred by the

8 Department of Defense during fiscal year 2006 pursuant

9 to section 43(b) of the Arms Export Control Act, except that

10 this limitation may be exceeded only through the regular

11 notification procedures of the Committees on Appropria12 tions: Provided further, That foreign military financing

13 program funds estimated to be outlayed for Egypt during

14 fiscal year 2006 shall be transferred to an interest bearing

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

16 within 30 days of enactment of this Act.

17 PEACEKEEPING OPERATIONS

18 For necessary expenses to carry out the provisions of

19 section 551 of the Foreign Assistance Act of 1961,

20 $195,800,000: Provided, That none of the funds appro21 priated under this heading shall be obligated or expended

22 except as provided through the regular notification proce23 dures of the Committees on Appropriations.
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1 TITLE V—MULTILATERAL ECONOMIC

2 ASSISTANCE

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL FINANCIAL INSTITUTIONS

5 GLOBAL ENVIRONMENT FACILITY

6 For the United States contribution for the Global En7 vironment Facility, $107,500,000 to the International Bank

8 for Reconstruction and Development as trustee for the Glob9 al Environment Facility (GEF), by the Secretary of the

10 Treasury, to remain available until expended: Provided,

11 That the GEF Council should approve a performance-based

12 allocation system.

13 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

14 ASSOCIATION

15 For payment to the International Development Asso16 ciation by the Secretary of the Treasury, $900,000,000, to

17 remain available until expended.

18 CONTRIBUTION TO THE MULTILATERAL INVESTMENT

19 GUARANTEE AGENCY

20 For payment to the Multilateral Investment Guarantee

21 Agency by the Secretary of the Treasury, $1,300,000, to re22 main available until expended.

23 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

24 The United States Governor of the Multilateral Invest25 ment Guarantee Agency may subscribe without fiscal year

26 limitation to the callable capital portion of the United
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HR 3057 EAS

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

2 $8,127,000.

3 CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT

4 CORPORATION

5 For payment to the Inter-American Investment Cor6 poration by the Secretary of the Treasury, $1,500,000, to

7 remain available until expended.

8 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

9 MULTILATERAL INVESTMENT FUND

10 For payment to the Enterprise for the Americas Multi11 lateral Investment Fund by the Secretary of the Treasury,

12 for the United States contribution to the fund, $3,742,000,

13 to remain available until expended, of which $2,000,000

14 shall be for payments of arrears.

15 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

16 For the United States contribution by the Secretary

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

18 Development Fund, as authorized by the Asian Develop19 ment Bank Act, as amended, $100,000,000, to remain

20 available until expended.

21 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

22 For payment to the African Development Bank by the

23 Secretary of the Treasury, $3,638,000, for the United States

24 paid-in share of the increase in capital stock, to remain

25 available until expended.
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1 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

2 The United States Governor of the African Develop3 ment Bank may subscribe without fiscal year limitation for

4 the callable capital portion of the United States share of

5 such capital stock in an amount not to exceed $88,334,000.

6 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

7 For the United States contribution by the Secretary

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

9 Development Fund, $135,700,000, to remain available until

10 expended.

11 CONTRIBUTION TO THE EUROPEAN BANK FOR

12 RECONSTRUCTION AND DEVELOPMENT

13 For payment to the European Bank for Reconstruction

14 and Development by the Secretary of the Treasury,

15 $1,016,000 for the United States share of the paid-in por16 tion of the increase in capital stock, to remain available

17 until expended.

18 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

19 The United States Governor of the European Bank for

20 Reconstruction and Development may subscribe without fis21 cal year limitation to the callable capital portion of the

22 United States share of such capital stock in an amount not

23 to exceed $2,250,000.
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1 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

2 AGRICULTURAL DEVELOPMENT

3 For the United States contribution by the Secretary

4 of the Treasury to increase the resources of the International

5 Fund for Agricultural Development, $15,000,000, to remain

6 available until expended.

7 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

8 For necessary expenses to carry out the provisions of

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

10 section 2 of the United Nations Environment Program Par11 ticipation Act of 1973, $330,000,000: Provided, That none

12 of the funds appropriated under this heading may be made

13 available to the International Atomic Energy Agency

14 (IAEA).

15 TITLE VI—GENERAL PROVISIONS

16 COMPENSATION FOR UNITED STATES EXECUTIVE

17 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

18 SEC. 6001. (a) No funds appropriated by this Act may

19 be made as payment to any international financial institu20 tion while the United States Executive Director to such in21 stitution is compensated by the institution at a rate which,

22 together with whatever compensation such Director receives

23 from the United States, is in excess of the rate provided

24 for an individual occupying a position at level IV of the

25 Executive Schedule under section 5315 of title 5, United
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1 States Code, or while any alternate United States Director

2 to such institution is compensated by the institution at a

3 rate in excess of the rate provided for an individual occu4 pying a position at level V of the Executive Schedule under

5 section 5316 of title 5, United States Code.

6 (b) For purposes of this section ‘‘international finan7 cial institutions’’ are: the International Bank for Recon8 struction and Development, the Inter-American Develop9 ment Bank, the Asian Development Bank, the Asian Devel10 opment Fund, the African Development Bank, the African

11 Development Fund, the International Monetary Fund, the

12 North American Development Bank, and the European

13 Bank for Reconstruction and Development.

14 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED

15 NATIONS AGENCIES

16 SEC. 6002. None of the funds appropriated by this Act

17 may be made available to pay any voluntary contribution

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

19 United Nations Development Program) if the United Na20 tions implements or imposes any taxation on any United

21 States persons.

22 LIMITATION ON RESIDENCE EXPENSES

23 SEC. 6003. Of the funds appropriated or made avail24 able pursuant to this Act, not to exceed $100,500 shall be

25 for official residence expenses of the United States Agency

26 for International Development during the current fiscal
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1 year: Provided, That appropriate steps shall be taken to as2 sure that, to the maximum extent possible, United States3 owned foreign currencies are utilized in lieu of dollars.

4 LIMITATION ON EXPENSES

5 SEC. 6004. None of the funds appropriated or made

6 available pursuant to this Act may be used for entertain7 ment expenses of the United States Agency for International

8 Development.

9 LIMITATION ON REPRESENTATIONAL ALLOWANCES

10 SEC. 6005. Of the funds appropriated or made avail11 able pursuant to this Act, not to exceed $250,000 shall be

12 available for representation allowances for the United

13 States Agency for International Development during the

14 current fiscal year: Provided, That appropriate steps shall

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

16 United States-owned foreign currencies are utilized in lieu

17 of dollars: Provided further, That of the funds made avail18 able by this Act for general costs of administering military

19 assistance and sales under the heading ‘‘Foreign Military

20 Financing Program’’, not to exceed $4,000 shall be avail21 able for entertainment expenses and not to exceed $130,000

22 shall be available for representation allowances: Provided

23 further, That of the funds made available by this Act under

24 the heading ‘‘International Military Education and Train25 ing’’, not to exceed $55,000 shall be available for entertain26 ment allowances: Provided further, That of the funds made
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1 available by this Act for the Inter-American Foundation,

2 not to exceed $2,000 shall be available for entertainment

3 and representation allowances: Provided further, That of

4 the funds made available by this Act for the Peace Corps,

5 not to exceed a total of $4,000 shall be available for enter6 tainment expenses: Provided further, That of the funds

7 made available by this Act under the heading ‘‘Trade and

8 Development Agency’’, not to exceed $4,000 shall be avail9 able for representation and entertainment allowances: Pro10 vided further, That of the funds made available by this Act

11 under the heading ‘‘Millennium Challenge Corporation’’,

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

13 and entertainment allowances.

14 PROHIBITION ON TAXATION OF UNITED STATES

15 ASSISTANCE

16 SEC. 6006. (a) PROHIBITION ON TAXATION.—None of

17 the funds appropriated by this Act may be made available

18 to provide assistance for a foreign country under a new bi19 lateral agreement governing the terms and conditions under

20 which such assistance is to be provided unless such agree21 ment includes a provision stating that assistance provided

22 by the United States shall be exempt from taxation, or reim23 bursed, by the foreign government, and the Secretary of

24 State shall expeditiously seek to negotiate amendments to

25 existing bilateral agreements, as necessary, to conform with

26 this requirement.
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1 (b) REIMBURSEMENT OF FOREIGN TAXES.—An

2 amount equivalent to 200 percent of the total taxes assessed

3 during fiscal year 2006 on funds appropriated by this Act

4 by a foreign government or entity against commodities fi5 nanced under United States assistance programs for which

6 funds are appropriated by this Act, either directly or

7 through grantees, contractors and subcontractors shall be

8 withheld from obligation from funds appropriated for as9 sistance for fiscal year 2007 and allocated for the central

10 government of such country and for the West Bank and

11 Gaza Program to the extent that the Secretary of State cer12 tifies and reports in writing to the Committees on Appro13 priations that such taxes have not been reimbursed to the

14 Government of the United States.

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

16 minimis nature shall not be subject to the provisions of sub17 section (b).

18 (d) REPROGRAMMING OF FUNDS.—Funds withheld

19 from obligation for each country or entity pursuant to sub20 section (b) shall be reprogrammed for assistance to countries

21 which do not assess taxes on United States assistance or

22 which have an effective arrangement that is providing sub23 stantial reimbursement of such taxes.

24 (e) DETERMINATIONS.—
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1 (1) The provisions of this section shall not apply

2 to any country or entity the Secretary of State

3 determines—

4 (A) does not assess taxes on United States

5 assistance or which has an effective arrangement

6 that is providing substantial reimbursement of

7 such taxes; or

8 (B) the foreign policy interests of the United

9 States outweigh the policy of this section to en10 sure that United States assistance is not subject

11 to taxation.

12 (2) The Secretary of State shall consult with the

13 Committees on Appropriations at least 15 days prior

14 to exercising the authority of this subsection with re15 gard to any country or entity.

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

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

18 to implement the prohibition against the taxation of assist19 ance contained in this section.

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

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

22 value added taxes and customs duties imposed on

23 commodities financed with United States assistance

24 for programs for which funds are appropriated by

25 this Act; and
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1 (2) the term ‘‘bilateral agreement’’ refers to a

2 framework bilateral agreement between the Govern3 ment of the United States and the government of the

4 country receiving assistance that describes the privi5 leges and immunities applicable to United States for6 eign assistance for such country generally, or an indi7 vidual agreement between the Government of the

8 United States and such government that describes,

9 among other things, the treatment for tax purposes

10 that will be accorded the United States assistance

11 provided under that agreement.

12 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

13 COUNTRIES

14 SEC. 6007. None of the funds appropriated or other15 wise made available pursuant to this Act shall be obligated

16 or expended to finance directly any assistance or repara17 tions to Cuba, Libya, North Korea, Iran, or Syria: Pro18 vided, That for purposes of this section, the prohibition on

19 obligations or expenditures shall include direct loans, cred20 its, insurance and guarantees of the Export-Import Bank

21 or its agents: Provided further, That for purposes of this

22 section, the prohibition shall not include activities of the

23 Overseas Private Investment Corporation in Libya.

24 MILITARY COUPS

25 SEC. 6008. None of the funds appropriated or other26 wise made available pursuant to this Act shall be obligated
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1 or expended to finance directly any assistance to the govern2 ment of any country whose duly elected head of government

3 is deposed by decree or military coup: Provided, That as4 sistance may be resumed to such government if the Presi5 dent determines and certifies to the Committees on Appro6 priations that subsequent to the termination of assistance

7 a democratically elected government has taken office: Pro8 vided further, That the provisions of this section shall not

9 apply to assistance to promote democratic elections or pub10 lic participation in democratic processes: Provided further,

11 That funds made available pursuant to the previous pro12 visos shall be subject to the regular notification procedures

13 of the Committees on Appropriations.

14 TRANSFERS

15 SEC. 6009. (a)(1) LIMITATION ON TRANSFERS BE16 TWEEN AGENCIES.—None of the funds made available by

17 titles II through V of this Act may be transferred to any

18 department, agency, or instrumentality of the United States

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

20 transfer authority provided in, this Act or any other appro21 priation Act.

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

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

24 funds appropriated by this Act to carry out the purposes

25 of the Foreign Assistance Act of 1961 may be allocated or

26 transferred to agencies of the United States Government
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1 pursuant to the provisions of sections 109, 610, and 632

2 of the Foreign Assistance Act of 1961.

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

4 funds made available by this Act may be obligated under

5 an appropriation account to which they were not appro6 priated, except for transfers specifically provided for in this

7 Act, unless the President, not less than 5 days prior to the

8 exercise of any authority contained in the Foreign Assist9 ance Act of 1961 to transfer funds, consults with and pro10 vides a written policy justification to the Committees on

11 Appropriations of the House of Representatives and the

12 Senate.

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

14 agreement for the transfer or allocation of funds appro15 priated by this Act, or prior Acts, entered into between the

16 United States Agency for International Development and

17 another agency of the United States Government under the

18 authority of section 632(a) of the Foreign Assistance Act

19 of 1961 or any comparable provision of law, shall expressly

20 provide that the Office of the Inspector General for the agen21 cy receiving the transfer or allocation of such funds shall

22 perform periodic program and financial audits of the use

23 of such funds: Provided, That funds transferred under such

24 authority may be made available for the cost of such audits.
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1 COMMERCIAL LEASING OF DEFENSE ARTICLES

2 SEC. 6010. Notwithstanding any other provision of

3 law, and subject to the regular notification procedures of

4 the Committees on Appropriations, the authority of section

5 23(a) of the Arms Export Control Act may be used to pro6 vide financing to Israel, Egypt and NATO and major non7 NATO allies for the procurement by leasing (including leas8 ing with an option to purchase) of defense articles from

9 United States commercial suppliers, not including Major

10 Defense Equipment (other than helicopters and other types

11 of aircraft having possible civilian application), if the

12 President determines that there are compelling foreign pol13 icy or national security reasons for those defense articles

14 being provided by commercial lease rather than by govern15 ment-to-government sale under such Act.

16 AVAILABILITY OF FUNDS

17 SEC. 6011. No part of any appropriation contained

18 in any title of this Act shall remain available for obligation

19 after the expiration of the current fiscal year unless ex20 pressly so provided in this Act: Provided, That funds appro21 priated for the purposes of chapters 1, 8, 11, and 12 of part

22 I, section 667, chapters 4, 6, 8, and 9 of part II of the

23 Foreign Assistance Act of 1961, section 23 of the Arms Ex24 port Control Act, and funds provided under the heading

25 ‘‘Assistance for Eastern Europe and the Baltic States’’,

26 shall remain available for an additional 4 years from the
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1 date on which the availability of such funds would other2 wise have expired, if such funds are initially obligated be3 fore the expiration of their respective periods of availability

4 contained in this Act: Provided further, That, notwith5 standing any other provision of this Act, any funds made

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

7 4 of part II of the Foreign Assistance Act of 1961 which

8 are allocated or obligated for cash disbursements in order

9 to address balance of payments or economic policy reform

10 objectives, shall remain available until expended.

11 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

12 SEC. 6012. No part of any appropriation contained

13 in this Act shall be used to furnish assistance to the govern14 ment of any country which is in default during a period

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

16 States of principal or interest on any loan made to the gov17 ernment of such country by the United States pursuant to

18 a program for which funds are appropriated under this Act

19 unless the President determines, following consultations

20 with the Committees on Appropriations, that assistance to

21 such country is in the national interest of the United States.

22 COMMERCE AND TRADE

23 SEC. 6013. (a) None of the funds appropriated or made

24 available pursuant to this Act for direct assistance and

25 none of the funds otherwise made available pursuant to this

26 Act to the Export-Import Bank and the Overseas Private
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1 Investment Corporation shall be obligated or expended to

2 finance any loan, any assistance or any other financial

3 commitments for establishing or expanding production of

4 any commodity for export by any country other than the

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

6 on world markets at the time the resulting productive ca7 pacity is expected to become operative and if the assistance

8 will cause substantial injury to United States producers of

9 the same, similar, or competing commodity: Provided, That

10 such prohibition shall not apply to the Export-Import Bank

11 if in the judgment of its Board of Directors the benefits to

12 industry and employment in the United States are likely

13 to outweigh the injury to United States producers of the

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

15 of the Board so notifies the Committees on Appropriations.

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

17 Act to carry out chapter 1 of part I of the Foreign Assist18 ance Act of 1961 shall be available for any testing or breed19 ing feasibility study, variety improvement or introduction,

20 consultancy, publication, conference, or training in connec21 tion with the growth or production in a foreign country

22 of an agricultural commodity for export which would com23 pete with a similar commodity grown or produced in the

24 United States: Provided, That this subsection shall not

25 prohibit—
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1 (1) activities designed to increase food security

2 in developing countries where such activities will not

3 have a significant impact on the export of agricul4 tural commodities of the United States; or

5 (2) research activities intended primarily to ben6 efit American producers.

7 SURPLUS COMMODITIES

8 SEC. 6014. The Secretary of the Treasury shall in9 struct the United States Executive Directors of the Inter10 national Bank for Reconstruction and Development, the

11 International Development Association, the International

12 Finance Corporation, the Inter-American Development

13 Bank, the International Monetary Fund, the Asian Devel14 opment Bank, the Inter-American Investment Corporation,

15 the North American Development Bank, the European

16 Bank for Reconstruction and Development, the African De17 velopment Bank, and the African Development Fund to use

18 the voice and vote of the United States to oppose any assist19 ance by these institutions, using funds appropriated or

20 made available pursuant to this Act, for the production or

21 extraction of any commodity or mineral for export, if it

22 is in surplus on world markets and if the assistance will

23 cause substantial injury to United States producers of the

24 same, similar, or competing commodity.
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1 NOTIFICATION REQUIREMENTS

2 SEC. 6015. For the purposes of providing the executive

3 branch with the necessary administrative flexibility, none

4 of the funds made available under this Act for ‘‘Child Sur5 vival and Health Programs Fund’’, ‘‘Development Assist6 ance’’, ‘‘International Organizations and Programs’’,

7 ‘‘Trade and Development Agency’’, ‘‘International Nar8 cotics Control and Law Enforcement’’, ‘‘Andean

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

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

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

12 Fund’’, ‘‘Global HIV/AIDS Initiative’’, ‘‘Democracy

13 Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Capital Investment

14 Fund’’, ‘‘Operating Expenses of the United States Agency

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

16 the United States Agency for International Development

17 Office of Inspector General’’, ‘‘Nonproliferation, Anti-ter18 rorism, Demining and Related Programs’’, ‘‘Millennium

19 Challenge Corporation’’ (by country only), ‘‘Foreign Mili20 tary Financing Program’’, ‘‘International Military Edu21 cation and Training’’, ‘‘Peace Corps’’, and ‘‘Migration and

22 Refugee Assistance’’, shall be available for obligation for ac23 tivities, programs, projects, type of materiel assistance,

24 countries, or other operations not justified or in excess of

25 the amount justified to the Committees on Appropriations
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1 for obligation under any of these specific headings unless

2 the Committees on Appropriations of both Houses of Con3 gress are previously notified 15 days in advance: Provided,

4 That the President shall not enter into any commitment

5 of funds appropriated for the purposes of section 23 of the

6 Arms Export Control Act for the provision of major defense

7 equipment, other than conventional ammunition, or other

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

9 or combat vehicles, not previously justified to Congress or

10 20 percent in excess of the quantities justified to Congress

11 unless the Committees on Appropriations are notified 15

12 days in advance of such commitment: Provided further,

13 That this section shall not apply to any reprogramming

14 for an activity, program, or project for which funds are ap15 propriated under title III of this Act of less than 10 percent

16 of the amount previously justified to the Congress for obliga17 tion for such activity, program, or project for the current

18 fiscal year: Provided further, That the requirements of this

19 section or any similar provision of this Act or any other

20 Act, including any prior Act requiring notification in ac21 cordance with the regular notification procedures of the

22 Committees on Appropriations, may be waived if failure

23 to do so would pose a substantial risk to human health or

24 welfare: Provided further, That in case of any such waiver,

25 notification to the Congress, or the appropriate congres-
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1 sional committees, shall be provided as early as practicable,

2 but in no event later than 3 days after taking the action

3 to which such notification requirement was applicable, in

4 the context of the circumstances necessitating such waiver:

5 Provided further, That any notification provided pursuant

6 to such a waiver shall contain an explanation of the emer7 gency circumstances.

8 LIMITATION ON AVAILABILITY OF FUNDS FOR

9 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

10 SEC. 6016. Subject to the regular notification proce11 dures of the Committees on Appropriations, funds appro12 priated under this Act or any previously enacted Act mak13 ing appropriations for foreign operations, export financing,

14 and related programs, which are returned or not made

15 available for organizations and programs because of the im16 plementation of section 307(a) of the Foreign Assistance Act

17 of 1961, shall remain available for obligation until Sep18 tember 30, 2007.

19 INDEPENDENT STATES OF THE FORMER SOVIET UNION

20 SEC. 6017. (a) None of the funds appropriated under

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

22 Former Soviet Union’’ shall be made available for assist23 ance for a government of an Independent State of the former

24 Soviet Union if that government directs any action in vio25 lation of the territorial integrity or national sovereignty of

26 any other Independent State of the former Soviet Union,
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1 such as those violations included in the Helsinki Final Act:

2 Provided, That such funds may be made available without

3 regard 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 (b) None of the funds appropriated under the heading

7 ‘‘Assistance for the Independent States of the Former Soviet

8 Union’’ shall be made available for any state to enhance

9 its military capability: Provided, That this restriction does

10 not apply to demilitarization, demining or nonproliferation

11 programs.

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

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

14 the Russian Federation, Armenia, Georgia, and Ukraine

15 shall be subject to the regular notification procedures of the

16 Committees on Appropriations.

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

18 for the Independent States of the former Soviet Union shall

19 be subject to the provisions of section 117 (relating to envi20 ronment and natural resources) of the Foreign Assistance

21 Act of 1961.

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

23 or making grants, with funds appropriated in this Act or

24 prior appropriations Acts under the heading ‘‘Assistance

25 for the Independent States of the Former Soviet Union’’ and
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1 under comparable headings in prior appropriations Acts,

2 for projects or activities that have as one of their primary

3 purposes the fostering of private sector development, the Co4 ordinator for United States Assistance to Europe and Eur5 asia and the implementing agency shall encourage the par6 ticipation of and give significant weight to contractors and

7 grantees who propose investing a significant amount of

8 their own resources (including volunteer services and in9 kind contributions) in such projects and activities.

10 PROHIBITION ON FUNDING FOR ABORTIONS AND

11 INVOLUNTARY STERILIZATION

12 SEC. 6018. None of the funds made available to carry

13 out part I of the Foreign Assistance Act of 1961, as amend14 ed, may be used to pay for the performance of abortions

15 as a method of family planning or to motivate or coerce

16 any person to practice abortions. None of the funds made

17 available to carry out part I of the Foreign Assistance Act

18 of 1961, as amended, may be used to pay for the perform19 ance of involuntary sterilization as a method of family

20 planning or to coerce or provide any financial incentive

21 to any person to undergo sterilizations. None of the funds

22 made available to carry out part I of the Foreign Assistance

23 Act of 1961, as amended, may be used to pay for any bio24 medical research which relates in whole or in part, to meth25 ods of, or the performance of, abortions or involuntary steri26 lization as a means of family planning. None of the funds
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1 made available to carry out part I of the Foreign Assistance

2 Act of 1961, as amended, may be obligated or expended for

3 any country or organization if the President certifies that

4 the use of these funds by any such country or organization

5 would violate any of the above provisions related to abor6 tions and involuntary sterilizations.

7 EXPORT FINANCING TRANSFER AUTHORITIES

8 SEC. 6019. Not to exceed 5 percent of any appropria9 tion other than for administrative expenses made available

10 for fiscal year 2006, for programs under title II of this Act

11 may be transferred between such appropriations for use for

12 any of the purposes, programs, and activities for which the

13 funds in such receiving account may be used, but no such

14 appropriation, except as otherwise specifically provided,

15 shall be increased by more than 25 percent by any such

16 transfer: Provided, That the exercise of such authority shall

17 be subject to the regular notification procedures of the Com18 mittees on Appropriations.

19 SPECIAL NOTIFICATION REQUIREMENTS

20 SEC. 6020. None of the funds appropriated by this Act

21 shall be obligated or expended for assistance for Liberia,

22 Serbia, Sudan, Zimbabwe, Pakistan, or Cambodia except

23 as provided through the regular notification procedures of

24 the Committees on Appropriations.
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1 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

2 SEC. 6021. For the purpose of titles II through V of

3 this Act ‘‘program, project, and activity’’ shall be defined

4 at the appropriations Act account level and shall include

5 all appropriations and authorizations Acts earmarks, ceil6 ings, and limitations with the exception that for the fol7 lowing accounts: Economic Support Fund and Foreign

8 Military Financing Program ‘‘program, project, and activ9 ity’’ shall also be considered to include country, regional,

10 and central program level funding within each such ac11 count; for the development assistance accounts of the United

12 States Agency for International Development ‘‘program,

13 project, and activity’’ shall also be considered to include

14 central, country, regional, and program level funding, ei15 ther as: (1) justified to the Congress; or (2) allocated by

16 the executive branch in accordance with a report, to be pro17 vided to the Committees on Appropriations within 30 days

18 of the enactment of this Act, as required by section 653(a)

19 of the Foreign Assistance Act of 1961.

20 CHILD SURVIVAL AND HEALTH ACTIVITIES

21 SEC. 6022. Up to $13,500,000 of the funds made avail22 able by this Act for assistance under the heading ‘‘Child

23 Survival and Health Programs Fund’’, may be used to re24 imburse United States Government agencies, agencies of

25 State governments, institutions of higher learning, and pri26 vate and voluntary organizations for the full cost of indi-
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1 viduals (including for the personal services of such individ2 uals) detailed or assigned to, or contracted by, as the case

3 may be, the United States Agency for International Devel4 opment for the purpose of carrying out activities under that

5 heading: Provided, That up to $3,500,000 of the funds made

6 available by this Act for assistance under the heading ‘‘De7 velopment Assistance’’ may be used to reimburse such agen8 cies, institutions, and organizations for such costs of such

9 individuals carrying out other development assistance ac10 tivities: Provided further, That funds appropriated by titles

11 III and IV of this Act that are made available for bilateral

12 assistance for child survival activities or disease programs

13 including activities relating to research on, and the preven14 tion, treatment and control of, HIV/AIDS may be made

15 available notwithstanding any other provision of law except

16 for the provisions under the heading ‘‘Child Survival and

17 Health Programs Fund’’ and the United States Leadership

18 Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003

19 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Pro20 vided further, That of the funds appropriated under title

21 III of this Act, not less than $450,000,000 shall be made

22 available for family planning/reproductive health: Provided

23 further, That the Comptroller General of the United States

24 shall conduct an audit on the use of funds appropriated

25 for fiscal years 2004 and 2005 under the heading ‘‘Child
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1 Survival and Health Programs Fund’’, to include specific

2 recommendations on improving the effectiveness of such

3 funds.

4 AFGHANISTAN

5 SEC. 6023. Of the funds appropriated by titles III and

6 IV of this Act, not less than $920,000,000 should be made

7 available for humanitarian, reconstruction, and related as8 sistance for Afghanistan: Provided, That of the funds made

9 available pursuant to this section, not less than $5,000,000

10 shall be made available for reforestation activities: Provided

11 further, That funds made available pursuant to the previous

12 proviso should be matched, to the maximum extent possible,

13 with contributions from American and Afghan businesses:

14 Provided further, That of the funds made available pursu15 ant to this section, not less than $3,000,000 should be made

16 available for assistance for Afghan families and commu17 nities that have suffered losses as a result of the military

18 operations against the Taliban and insurgents, including

19 to employ an individual to serve as a liaison between Af20 ghan families and communities, the Afghan Independent

21 Human Rights Commission, United States Armed Forces,

22 and the United States Agency for International Develop23 ment: Provided further, That of the funds made available

24 pursuant to this section, not less than $2,000,000 should

25 be made available for the Afghan Independent Human

26 Rights Commission and for other Afghan human rights or-
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1 ganizations: Provided further, That of the funds made

2 available pursuant to this section, up to $6,000,000 should

3 be available for a National Emergency Response and Pre4 paredness System, to include the development of an Emer5 gency Operations Center: Provided further, That to the

6 maximum extent practicable members of the Afghan Na7 tional Army should be vetted for involvement in terrorism,

8 human rights violations, and drug trafficking: Provided

9 further, That of the funds allocated for assistance for Af10 ghanistan by this Act not less than $10,000,000 shall be

11 made available for grants to support training and equip12 ment to improve the capacity of women-led Afghan non13 governmental organizations and to support the activities of

14 such organizations.

15 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

16 SEC. 6024. Prior to providing excess Department of

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

18 Foreign Assistance Act of 1961, the Department of Defense

19 shall notify the Committees on Appropriations to the same

20 extent and under the same conditions as are other commit21 tees pursuant to subsection (f) of that section: Provided,

22 That before issuing a letter of offer to sell excess defense arti23 cles under the Arms Export Control Act, the Department

24 of Defense shall notify the Committees on Appropriations

25 in accordance with the regular notification procedures of

26 such Committees if such defense articles are significant
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1 military equipment (as defined in section 47(9) of the Arms

2 Export Control Act) or are valued (in terms of original ac3 quisition cost) at $7,000,000 or more, or if notification is

4 required elsewhere in this Act for the use of appropriated

5 funds for specific countries that would receive such excess

6 defense articles: Provided further, That such Committees

7 shall also be informed of the original acquisition cost of such

8 defense articles.

9 AIRCRAFT PROCUREMENT

10 SEC. 6025. Notwithstanding any other provision of

11 law, none of the funds appropriated or otherwise made

12 available in this Act, except for those provided under the

13 headings ‘‘Foreign Military Financing Program’’ and

14 ‘‘Broadcasting to Cuba’’, may be obligated for the procure15 ment of aircraft.

16 DEMOCRACY PROGRAMS

17 SEC. 6026. (a) Notwithstanding any other provision

18 of law, of the funds appropriated by this Act to carry out

19 the provisions of chapter 4 of part II of the Foreign Assist20 ance Act of 1961, not less than $35,000,000 shall be made

21 available for assistance for activities to support democracy,

22 human rights, and the rule of law in the People’s Republic

23 of China and Hong Kong: Provided, That funds appro24 priated under the heading ‘‘Economic Support Fund’’

25 should be made available for assistance for Taiwan for the

26 purposes of furthering political and legal reforms: Provided
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1 further, That such funds shall only be made available to

2 the extent that they are matched from sources other than

3 the United States Government: Provided further, That

4 funds made available pursuant to the authority of this sub5 section shall be subject to the regular notification procedures

6 of the Committees on Appropriations.

7 (b)(1) In addition to the funds made available in sub8 section (a), of the funds appropriated by this Act under the

9 heading ‘‘Economic Support Fund’’ not less than

10 $25,000,000 shall be made available for programs and ac11 tivities to foster democracy, human rights, civic education,

12 women’s development, press freedom, and the rule of law

13 in countries located outside the Middle East region with

14 a significant Muslim population, and where such programs

15 and activities would be important to United States efforts

16 to respond to, deter, or prevent acts of international ter17 rorism: Provided, That funds made available pursuant to

18 the authority of this subsection should support new initia19 tives and activities in those countries: Provided further,

20 That of the funds appropriated under this heading,

21 $5,000,000 shall be made available for continuing programs

22 and activities that provide professional training for jour23 nalists: Provided further, That, notwithstanding any other

24 provision of law, not less than $7,000,000 of such funds

25 may be used for making grants to educational, humani-
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1 tarian and nongovernmental organizations and individuals

2 inside Iran to support the advancement of democracy and

3 human rights in Iran: Provided further, That, notwith4 standing any other provision of law, funds appropriated

5 pursuant to this Act may be made available for democracy,

6 human rights, and rule of law programs for Syria and

7 Iran: Provided further, That funds made available pursu8 ant to this subsection shall be subject to the regular notifica9 tion procedures of the Committees on Appropriations.

10 (2) In addition to funds made available under sub11 sections (a) and (b)(1), of the funds appropriated by this

12 Act under the heading ‘‘Economic Support Fund’’ not less

13 than $4,500,000 shall be made available for programs and

14 activities of the National Endowment for Democracy to fos15 ter democracy, human rights, civic education, women’s de16 velopment, press freedom, and the rule of law in countries

17 in sub-Saharan Africa.

18 (c) Of the funds made available under subsection (a),

19 not less than $25,000,000 shall be made available for the

20 Human Rights and Democracy Fund of the Bureau of De21 mocracy, Human Rights and Labor, Department of State,

22 to support the activities described in subsection (a), and

23 of the funds made available under subsection (b)(1), not less

24 than $15,000,000 shall be made available for such Fund

25 to support the activities described in subsection (b)(1): Pro-
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1 vided, That up to $1,200,000 may be used for the Reagan/

2 Fascell Democracy Fellows program.

3 (d) Of the funds made available under subsection (a),

4 not less than $10,000,000 shall be made available for the

5 National Endowment for Democracy to support the activi6 ties described in subsection (a), and of the funds made

7 available under subsection (b)(1), not less than $10,000,000

8 shall be made available for the National Endowment for

9 Democracy to support the activities described in subsection

10 (b)(1): Provided, That the Secretary of State shall provide

11 a report to the Committees on Appropriations within 120

12 days of the date of enactment of this Act on the status of

13 the allocation and obligation of such funds.

14 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

15 COUNTRIES

16 SEC. 6027. (a) Funds appropriated for bilateral assist17 ance under any heading of this Act and funds appropriated

18 under any such heading in a provision of law enacted prior

19 to the enactment of this Act, shall not be made available

20 to any country which the President determines—

21 (1) grants sanctuary from prosecution to any in22 dividual or group which has committed an act of

23 international terrorism; or

24 (2) otherwise supports international terrorism.

25 (b) The President may waive the application of sub26 section (a) to a country if the President determines that
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1 national security or humanitarian reasons justify such

2 waiver. The President shall publish each waiver in the Fed3 eral Register and, at least 15 days before the waiver takes

4 effect, shall notify the Committees on Appropriations of the

5 waiver (including the justification for the waiver) in ac6 cordance with the regular notification procedures of the

7 Committees on Appropriations.

8 DEBT-FOR-DEVELOPMENT

9 SEC. 6028. In order to enhance the continued partici10 pation of nongovernmental organizations in debt-for-devel11 opment and debt-for-nature exchanges, a nongovernmental

12 organization which is a grantee or contractor of the United

13 States Agency for International Development may place in

14 interest bearing accounts local currencies which accrue to

15 that organization as a result of economic assistance pro16 vided under title III of this Act and, subject to the regular

17 notification procedures of the Committees on Appropria18 tions, any interest earned on such investment shall be used

19 for the purpose for which the assistance was provided to

20 that organization.

21 SEPARATE ACCOUNTS

22 SEC. 6029. (a) SEPARATE ACCOUNTS FOR LOCAL CUR23 RENCIES.—(1) If assistance is furnished to the government

24 of a foreign country under chapters 1 and 10 of part I or

25 chapter 4 of part II of the Foreign Assistance Act of 1961

26 under agreements which result in the generation of local
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1 currencies of that country, the Administrator of the United

2 States Agency for International Development shall—

3 (A) require that local currencies be deposited in

4 a separate account established by that government;

5 (B) enter into an agreement with that govern6 ment which sets forth—

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

8 generated; and

9 (ii) the terms and conditions under which

10 the currencies so deposited may be utilized, con11 sistent with this section; and

12 (C) establish by agreement with that government

13 the responsibilities of the United States Agency for

14 International Development and that government to

15 monitor and account for deposits into and disburse16 ments from the separate account.

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

18 upon with the foreign government, local currencies depos19 ited in a separate account pursuant to subsection (a), or

20 an equivalent amount of local currencies, shall be used

21 only—

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

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

24 purposes as—
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1 (i) project and sector assistance activities;

2 or

3 (ii) debt and deficit financing; or

4 (B) for the administrative requirements of the

5 United States Government.

6 (3) PROGRAMMING ACCOUNTABILITY.—The United

7 States Agency for International Development shall take all

8 necessary steps to ensure that the equivalent of the local cur9 rencies disbursed pursuant to subsection (a)(2)(A) from the

10 separate account established pursuant to subsection (a)(1)

11 are used for the purposes agreed upon pursuant to sub12 section (a)(2).

13 (4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon

14 termination of assistance to a country under chapter 1 or

15 10 of part I or chapter 4 of part II (as the case may be),

16 any unencumbered balances of funds which remain in a

17 separate account established pursuant to subsection (a)

18 shall be disposed of for such purposes as may be agreed to

19 by the government of that country and the United States

20 Government.

21 (5) REPORTING REQUIREMENT.—The Administrator of

22 the United States Agency for International Development

23 shall report on an annual basis as part of the justification

24 documents submitted to the Committees on Appropriations

25 on the use of local currencies for the administrative require-
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1 ments of the United States Government as authorized in

2 subsection (a)(2)(B), and such report shall include the

3 amount of local currency (and United States dollar equiva4 lent) used and/or to be used for such purpose in each appli5 cable country.

6 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1)

7 If assistance is made available to the government of a for8 eign country, under chapter 1 or 10 of part I or chapter

9 4 of part II of the Foreign Assistance Act of 1961, as cash

10 transfer assistance or as nonproject sector assistance, that

11 country shall be required to maintain such funds in a sepa12 rate account and not commingle them with any other funds.

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

14 Such funds may be obligated and expended notwithstanding

15 provisions of law which are inconsistent with the nature

16 of this assistance including provisions which are referenced

17 in the Joint Explanatory Statement of the Committee of

18 Conference accompanying House Joint Resolution 648

19 (House Report No. 98–1159).

20 (3) NOTIFICATION.—At least 15 days prior to obli21 gating any such cash transfer or nonproject sector assist22 ance, the President shall submit a notification through the

23 regular notification procedures of the Committees on Appro24 priations, which shall include a detailed description of how

25 the funds proposed to be made available will be used, with
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1 a discussion of the United States interests that will be

2 served by the assistance (including, as appropriate, a de3 scription of the economic policy reforms that will be pro4 moted by such assistance).

5 (4) EXEMPTION.—Nonproject sector assistance funds

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

7 only through the notification procedures of the Committees

8 on Appropriations.

9 ENTERPRISE FUND RESTRICTIONS

10 SEC. 6030. (a) Prior to the distribution of any assets

11 resulting from any liquidation, dissolution, or winding up

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

13 shall submit to the Committees on Appropriations, in ac14 cordance with the regular notification procedures of the

15 Committees on Appropriations, a plan for the distribution

16 of the assets of the Enterprise Fund.

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

18 Funds shall be expended at the minimum rate necessary

19 to make timely payment for projects and activities.

20 BURMA

21 SEC. 6031. (a) The Secretary of the Treasury shall in22 struct the United States executive director to each appro23 priate international financial institution in which the

24 United States participates, to oppose and vote against the

25 extension by such institution of any loan or financial or
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1 technical assistance or any other utilization of funds of the

2 respective bank to and for Burma.

3 (b) Of the funds appropriated under the heading ‘‘Eco4 nomic Support Fund’’, not less than $8,000,000 shall be

5 made available to support democracy activities in Burma,

6 along the Burma-Thailand border, for activities of Burmese

7 student groups and other organizations located outside

8 Burma, and for the purpose of supporting the provision of

9 humanitarian assistance to displaced Burmese along Bur10 ma’s borders: Provided, That funds made available under

11 this heading may be made available notwithstanding any

12 other provision of law: Provided further, That in addition

13 to assistance for Burmese refugees provided under the head14 ing ‘‘Migration and Refugee Assistance’’ in this Act, not

15 less than $3,000,000 shall be allocated to the Bureau of Pop16 ulation, Refugees and Migration, Department of State, for

17 assistance for community-based organizations operating in

18 Thailand to provide food, medical and other humanitarian

19 assistance to internally displaced persons in eastern

20 Burma: Provided further, That funds made available under

21 this section shall be subject to the regular notification proce22 dures of the Committees on Appropriations.

23 (c) The President shall include amounts expended by

24 the Global Fund to Fight AIDS, Tuberculosis and Malaria

25 to the State Peace and Development Council in Burma, di-
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1 rectly or through groups and organizations affiliated with

2 the Global Fund, in making determinations regarding the

3 amount to be withheld by the United States from its con4 tribution to the Global Fund pursuant to section

5 202(d)(4)(A)(ii) of Public Law 108–25.

6 (d) Notwithstanding any provision of this or any other

7 Act, none of the funds appropriated by this Act may be

8 made available for assistance for the central government of

9 any country that is a major provider of weapons or defense10 related equipment to the State Peace and Development

11 Council.

12 (e) The President may waive subsection (d) if he deter13 mines and reports to the Committees on Appropriations

14 that to do so is in the national security interests of the

15 United States.

16 (f) None of the funds appropriated by this Act may

17 be made available for the United Nations Office on Drugs

18 and Crime (UNODC) unless the Secretary of State deter19 mines and reports to the Committees on Appropriations

20 that the UNODC in Burma is reporting to other relevant

21 United Nations organizations incidents of gross human

22 rights violations encountered during the conduct of its pro23 grams in Burma.

24 (g) None of the funds appropriated under the heading

25 ‘‘Economic Support Fund’’ may be made available for pro-
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1 grams and activities involving the Association of Southeast

2 Asian Nations (ASEAN) if the State Peace and Develop3 ment Council in Burma assumes chairmanship of ASEAN

4 in 2006.

5 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

6 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

7 SEC. 6032. Unless expressly provided to the contrary,

8 provisions of this or any other Act, including provisions

9 contained in prior Acts authorizing or making appropria10 tions for foreign operations, export financing, and related

11 programs, shall not be construed to prohibit activities au12 thorized by or conducted under the Peace Corps Act, the

13 Inter-American Foundation Act or the African Develop14 ment Foundation Act. The agency shall promptly report to

15 the Committees on Appropriations whenever it is con16 ducting activities or is proposing to conduct activities in

17 a country for which assistance is prohibited.

18 IMPACT ON JOBS IN THE UNITED STATES

19 SEC. 6033. None of the funds appropriated by this Act

20 may be obligated or expended to provide—

21 (1) any financial incentive to a business enter22 prise currently located in the United States for the

23 purpose of inducing such an enterprise to relocate

24 outside the United States if such incentive or induce25 ment is likely to reduce the number of employees of

26 such business enterprise in the United States because
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1 United States production is being replaced by such

2 enterprise outside the United States; or

3 (2) assistance for any program, project, or activ4 ity that contributes to the violation of internationally

5 recognized workers rights, as defined in section 507(4)

6 of the Trade Act of 1974, of workers in the recipient

7 country, including any designated zone or area in

8 that country: Provided, That the application of sec9 tion 507(4)(D) and (E) of such Act should be com10 mensurate with the level of development of the recipi11 ent country and sector, and shall not preclude assist12 ance for the informal sector in such country, micro

13 and small-scale enterprise, and smallholder agri14 culture.

15 SPECIAL AUTHORITIES

16 SEC. 6034. (a) AFGHANISTAN, IRAQ, PAKISTAN, LEB17 ANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED CHIL18 DREN, AND DISPLACED BURMESE.—Funds appropriated by

19 this Act that are made available for assistance for Afghani20 stan may be made available notwithstanding section 6012

21 of this Act or any similar provision of law and section 660

22 of the Foreign Assistance Act of 1961, and funds appro23 priated in titles II and III of this Act that are made avail24 able for Iraq, Lebanon, Montenegro, Pakistan, and for vic25 tims of war, displaced children, and displaced Burmese,

26 and to assist victims of trafficking in persons and, subject
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1 to the regular notification procedures of the Committees on

2 Appropriations, to combat such trafficking, may be made

3 available notwithstanding any other provision of law.

4 (b) TROPICAL FORESTRY AND BIODIVERSITY CON5 SERVATION ACTIVITIES.—Funds appropriated by this Act

6 to carry out the provisions of sections 103 through 106, and

7 chapter 4 of part II, of the Foreign Assistance Act of 1961

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

9 for the purpose of supporting tropical forestry and biodiver10 sity conservation activities and energy programs aimed at

11 reducing greenhouse gas emissions: Provided, That such as12 sistance shall be subject to sections 116, 502B, and 620A

13 of the Foreign Assistance Act of 1961.

14 (c) PERSONAL SERVICES CONTRACTORS.—Funds ap15 propriated by this Act to carry out chapter 1 of part I,

16 chapter 4 of part II, and section 667 of the Foreign Assist17 ance Act of 1961, and title II of the Agricultural Trade

18 Development and Assistance Act of 1954, may be used by

19 the United States Agency for International Development to

20 employ up to 25 personal services contractors in the United

21 States, notwithstanding any other provision of law, for the

22 purpose of providing direct, interim support for new or ex23 panded overseas programs and activities managed by the

24 agency until permanent direct hire personnel are hired and

25 trained: Provided, That not more than 10 of such contrac-
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1 tors shall be assigned to any bureau or office: Provided fur2 ther, That such funds appropriated to carry out title II of

3 the Agricultural Trade Development and Assistance Act of

4 1954, may be made available only for personal services con5 tractors assigned to the Office of Food for Peace.

6 (d)(1) WAIVER.—The President may waive the provi7 sions of section 1003 of Public Law 100–204 if the Presi8 dent determines and certifies in writing to the Speaker of

9 the House of Representatives and the President pro tempore

10 of the Senate that it is important to the national security

11 interests of the United States.

12 (2) PERIOD OF APPLICATION OF WAIVER.—Any waiv13 er pursuant to paragraph (1) shall be effective for no more

14 than a period of 6 months at a time and shall not apply

15 beyond 12 months after the enactment of this Act.

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

17 award indefinite-quantity contracts with funds appro18 priated by this Act, the United States Agency for Inter19 national Development may provide an exception to the fair

20 opportunity process for placing task orders under such con21 tracts when the order is placed with any category of small

22 or small disadvantaged business.

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

24 President may use up to $100,000,000 under the authority
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1 of section 451 of the Foreign Assistance Act of 1961, not2 withstanding the funding ceiling in section 451(a).

3 (g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—

4 In providing assistance with funds appropriated by this

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

6 of 1961, support for a nation emerging from instability

7 may be deemed to mean support for regional, district, mu8 nicipal, or other sub-national entity emerging from insta9 bility, as well as a nation emerging from instability.

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

11 by the Bureau for Democracy, Conflict, and Humanitarian

12 Assistance of the United States Agency for International

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

14 $10,000,000 shall be made available as a general contribu15 tion to the World Food Program, notwithstanding any other

16 provision of law.

17 (i) NATIONAL ENDOWMENT FOR DEMOCRACY.—Funds

18 appropriated by this Act that are provided to the National

19 Endowment for Democracy may be provided notwith20 standing any other provision of law or regulation.

21 (j) UNIVERSITY PROGRAMS.—Notwithstanding any

22 other provision of law, of the funds appropriated under the

23 heading ‘‘Development Assistance’’ in this Act, not less than

24 $10,000,000 shall be made available to American edu25 cational institutions for programs and activities in the Peo-
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1 ple’s Republic of China relating to the environment, democ2 racy, and the rule of law: Provided, That funds made avail3 able pursuant to this authority shall be subject to the reg4 ular notification procedures of the Committees on Appro5 priations.

6 (k) EXTENSION OF AUTHORITY.—Public Law 107–57,

7 as amended, is further amended as follows in the specified

8 subsections—

9 (1) subsection 1(b) is amended by striking

10 ‘‘2003’’ and inserting in lieu thereof ‘‘2006’’;

11 (2) paragraph 1(b)(1) is amended by striking

12 ‘‘2003’’ and inserting in lieu thereof ‘‘2006’’;

13 (3) paragraph 3(2) is amended to read as fol14 lows:

15 ‘‘(2) Such provision of the annual foreign oper16 ations, export financing, and related programs appro17 priations Acts for fiscal years 2005 and 2006, as are

18 comparable to section 512 of the Foreign Operations,

19 Export Financing, and Related Programs Appropria20 tions Act, 2001 (Public Law 106–429; 114 Stat.

21 1900A–25).’’; and

22 (4) section 6 is amended by striking ‘‘2003’’ and

23 inserting in lieu thereof ‘‘2006’’.

24 (l) ENTERPRISE FUND AND FOUNDATION.—Funds ap25 propriated under the heading ‘‘Economic Support Fund’’
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1 in this or any prior Act making appropriations for foreign

2 operations, export financing and related programs may be

3 made available, including as an endowment, notwith4 standing any other provision of law and following consulta5 tions with the Committees on Appropriations, to establish

6 and operate a Middle East Enterprise Fund and Founda7 tion, or any other similar entities, for the Middle East re8 gion, to support democracy and private enterprise building,

9 respectively, as well as for related purposes: Provided, That

10 provisions contained in section 201 of the Support for East

11 European Democracy (SEED) Act of 1989 (excluding the

12 authorizations of appropriations provided in subsection (b)

13 of that section) shall be deemed to apply to any such fund,

14 foundation, or similar entity referred to under this sub15 section and to funds made available to such entity in order

16 to enable it to provide assistance, including by grant and

17 financing: Provided further, That prior to the initial obli18 gation of funds for any such fund, foundation, or similar

19 entity pursuant to the authorities of this subsection, other

20 than for administrative support, the Secretary of State

21 shall take steps to ensure, on an ongoing basis, that any

22 such amounts made available pursuant to such authorities

23 are not provided to or through any individual or group that

24 the management of the fund, foundation or entity knows

25 or has reason to believe, advocates, plans, sponsors, or other-
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1 wise engages in terrorist activities: Provided further, That

2 section 6030 of this Act shall apply to any such fund, foun3 dation, or similar entity established by this subsection.

4 (m) EXTENSION OF AUTHORITY.—(1) Section

5 21(h)(1)(A) of the Arms Export Control Act (22 U.S.C.

6 2761(h)(1)(A)) is amended by inserting after ‘‘North Atlan7 tic Treaty Organization’’ the following: ‘‘or the Govern8 ments of Australia, New Zealand, Japan, or Israel’’.

9 (2) Section 21(h)(2) of the Arms Export Control

10 Act (22 U.S.C. 2761(h)(2) is amended by striking ‘‘or

11 to any member government that Organization if that

12 Organization or member government’’ and inserting

13 the following: ‘‘, to any member of that Organization,

14 or to the Governments of Australia, New Zealand,

15 Japan, or Israel if that Organization, member gov16 ernment, or the Governments of Australia, New Zea17 land, Japan, or Israel’’.

18 (3) Section 541 of the Foreign Assistance Act of

19 1961 (22 U.S.C. 2347) is amended—

20 (A) in the first sentence, by striking ‘‘The

21 President’’ and inserting ‘‘(a) The President’’;

22 and

23 (B) by adding at the end the following new

24 subsection:
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1 ‘‘(b) The President shall seek reimbursement for mili2 tary education and training furnished under this chapter

3 from countries using assistance under section 23 of the

4 Arms Export Control Act (22 U.S.C. 2763, relating to the

5 Foreign Military Financing Program) to purchase such

6 military education and training at a rate comparable to

7 the rate charged to countries receiving grant assistance for

8 military education and training under this chapter.’’.

9 (n) EXTENSION OF AUTHORITY.—The Foreign Oper10 ations, Export Financing, and Related Programs Appro11 priations Act, 1990 (Public Law 101–167) is amended—

12 (1) in section 599D (8 U.S.C. 1157 note)—

13 (A) in subsection (b)(3), by striking ‘‘and

14 2005’’ and inserting ‘‘2005, and 2006’’; and

15 (B) in subsection (e), by striking ‘‘2005’’

16 each place it appears and inserting ‘‘2006’’; and

17 (2) in section 599E (8 U.S.C. 1255 note) in sub18 section (b)(2), by striking ‘‘2005’’ and inserting

19 ‘‘2006’’.

20 (o) ADMINISTRATIVE EXPENSES.—Of the funds made

21 available under the heading ‘‘Economic Support Fund’’ for

22 assistance for the West Bank and Gaza, not to exceed

23 $2,000,000, in addition to funds otherwise available for

24 such purposes, may be used for administrative expenses of
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1 the United States Agency for International Development to

2 carry out programs in the West Bank and Gaza.

3 ARAB LEAGUE BOYCOTT OF ISRAEL

4 SEC. 6035. It is the sense of the Congress that—

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

6 secondary boycott of American firms that have com7 mercial ties with Israel, is an impediment to peace

8 in the region and to United States investment and

9 trade in the Middle East and North Africa;

10 (2) the Arab League boycott, which was regret11 tably reinstated in 1997, should be immediately and

12 publicly terminated, and the Central Office for the

13 Boycott of Israel immediately disbanded;

14 (3) all Arab League states should normalize rela15 tions with their neighbor Israel;

16 (4) the President and the Secretary of State

17 should continue to vigorously oppose the Arab League

18 boycott of Israel and find concrete steps to dem19 onstrate that opposition by, for example, taking into

20 consideration the participation of any recipient coun21 try in the boycott when determining to sell weapons

22 to said country; and

23 (5) the President should report to Congress an24 nually on specific steps being taken by the United

25 States to encourage Arab League states to normalize

26 their relations with Israel to bring about the termi-
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1 nation of the Arab League boycott of Israel, including

2 those to encourage allies and trading partners of the

3 United States to enact laws prohibiting businesses

4 from complying with the boycott and penalizing busi5 nesses that do comply.

6 ELIGIBILITY FOR ASSISTANCE

7 SEC. 6036. (a) ASSISTANCE THROUGH NONGOVERN8 MENTAL ORGANIZATIONS.—Restrictions contained in this

9 or any other Act with respect to assistance for a country

10 shall not be construed to restrict assistance in support of

11 programs of nongovernmental organizations from funds ap12 propriated by this Act to carry out the provisions of chap13 ters 1, 10, 11, and 12 of part I and chapter 4 of part II

14 of the Foreign Assistance Act of 1961, and from funds ap15 propriated under the heading ‘‘Assistance for Eastern Eu16 rope and the Baltic States’’: Provided, That before using

17 the authority of this subsection to furnish assistance in sup18 port of programs of nongovernmental organizations, the

19 President shall notify the Committees on Appropriations

20 under the regular notification procedures of those commit21 tees, including a description of the program to be assisted,

22 the assistance to be provided, and the reasons for furnishing

23 such assistance: Provided further, That nothing in this sub24 section shall be construed to alter any existing statutory

25 prohibitions against abortion or involuntary sterilizations

26 contained in this or any other Act.
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1 (b) PUBLIC LAW 480.—During fiscal year 2006, re2 strictions contained in this or any other Act with respect

3 to assistance for a country shall not be construed to restrict

4 assistance under the Agricultural Trade Development and

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

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

7 available pursuant to this subsection may be obligated or

8 expended except as provided through the regular notifica9 tion procedures of the Committees on Appropriations.

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

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

12 Assistance Act of 1961 or any comparable provision

13 of law prohibiting assistance to countries that support

14 international terrorism; or

15 (2) with respect to section 116 of the Foreign As16 sistance Act of 1961 or any comparable provision of

17 law prohibiting assistance to the government of a

18 country that violates internationally recognized

19 human rights.

20 RESERVATIONS OF FUNDS

21 SEC. 6037. (a) Funds appropriated by this Act which

22 are earmarked may be reprogrammed for other programs

23 within the same account notwithstanding the earmark if

24 compliance with the earmark is made impossible by oper25 ation of any provision of this or any other Act: Provided,

26 That any such reprogramming shall be subject to the reg-
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1 ular notification procedures of the Committees on Appro2 priations: Provided further, That assistance that is repro3 grammed pursuant to this subsection shall be made avail4 able under the same terms and conditions as originally pro5 vided.

6 (b) In addition to the authority contained in sub7 section (a), the original period of availability of funds ap8 propriated by this Act and administered by the United

9 States Agency for International Development that are ear10 marked for particular programs or activities by this or any

11 other Act shall be extended for an additional fiscal year

12 if the Administrator of such agency determines and reports

13 promptly to the Committees on Appropriations that the ter14 mination of assistance to a country or a significant change

15 in circumstances makes it unlikely that such earmarked

16 funds can be obligated during the original period of avail17 ability: Provided, That such earmarked funds that are con18 tinued available for an additional fiscal year shall be obli19 gated only for the purpose of such earmark.

20 CEILINGS AND EARMARKS

21 SEC. 6038. Ceilings and earmarks contained in this

22 Act shall not be applicable to funds or authorities appro23 priated or otherwise made available by any subsequent Act

24 unless such Act specifically so directs. Earmarks or min25 imum funding requirements contained in any other Act

26 shall not be applicable to funds appropriated by this Act.
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1 PROHIBITION ON PUBLICITY OR PROPAGANDA

2 SEC. 6039. No part of any appropriation contained

3 in this Act shall be used for publicity or propaganda pur4 poses within the United States not authorized before the

5 date of the enactment of this Act by the Congress: Provided,

6 That not to exceed $750,000 may be made available to carry

7 out the provisions of section 316 of Public Law 96–533.

8 PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

9 SEC. 6040. None of the funds appropriated or made

10 available pursuant to this Act for carrying out the Foreign

11 Assistance Act of 1961, may be used to pay in whole or

12 in part any assessments, arrearages, or dues of any member

13 of the United Nations or, from funds appropriated by this

14 Act to carry out chapter 1 of part I of the Foreign Assist15 ance Act of 1961, the costs for participation of another

16 country’s delegation at international conferences held under

17 the auspices of multilateral or international organizations.

18 NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION

19 SEC. 6041. None of the funds appropriated or made

20 available pursuant to this Act shall be available to a non21 governmental organization which fails to provide upon

22 timely request any document, file, or record necessary to

23 the auditing requirements of the United States Agency for

24 International Development.
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1 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS

2 THAT EXPORT LETHAL MILITARY EQUIPMENT TO

3 COUNTRIES SUPPORTING INTERNATIONAL TERRORISM

4 SEC. 6042. (a) None of the funds appropriated or oth5 erwise made available by this Act may be available for as6 sistance for any foreign government which provides lethal

7 military equipment to a country the government of which

8 the Secretary of State has determined is a terrorist govern9 ment for purposes of section 6(j) of the Export Administra10 tion Act. The prohibition under this section with respect

11 to a foreign government shall terminate 12 months after

12 that government ceases to provide such military equipment.

13 This section applies with respect to lethal military equip14 ment provided under a contract entered into after October

15 1, 1997.

16 (b) Assistance restricted by subsection (a) or any other

17 similar provision of law, may be furnished if the President

18 determines that furnishing such assistance is important to

19 the national interests of the United States.

20 (c) Whenever the waiver authority of subsection (b) is

21 exercised, the President shall submit to the appropriate con22 gressional committees a report with respect to the fur23 nishing of such assistance. Any such report shall include

24 a detailed explanation of the assistance to be provided, in25 cluding the estimated dollar amount of such assistance, and
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1 an explanation of how the assistance furthers United States

2 national interests.

3 WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND

4 REAL PROPERTY TAXES OWED BY FOREIGN COUNTRIES

5 SEC. 6043. (a) Subject to subsection (c), of the funds

6 appropriated by this Act that are made available for assist7 ance for a foreign country, an amount equal to 110 percent

8 of the total amount of the unpaid fully adjudicated parking

9 fines and penalties and unpaid property taxes owed by the

10 central government of such country shall be withheld from

11 obligation for assistance for the central government of such

12 country until the Secretary of State submits a certification

13 to the appropriate congressional committees stating that

14 such parking fines and penalties and unpaid property taxes

15 are fully paid.

16 (b) Funds withheld from obligation pursuant to sub17 section (a) may be made available for other programs or

18 activities funded by this Act, after consultation with and

19 subject to the regular notification procedures of the appro20 priate congressional committees, provided that no such

21 funds shall be made available for assistance for the central

22 government of a foreign country that has not paid the total

23 amount of the fully adjudicated parking fines and penalties

24 and unpaid property taxes owed by such country.

25 (c) Subsection (a) shall not include amounts that have

26 been withheld under any other provision of law.
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1 (d)(1) The Secretary of State may waive the require2 ments set forth in subsection (a) with respect to parking

3 fines and penalties no sooner than 60 days from the date

4 of enactment of this Act, or at any time with respect to

5 a particular country, if the Secretary determines that it

6 is in the national interests of the United States to do so.

7 (2) The Secretary of State may waive the requirements

8 set forth in subsection (a) with respect to the unpaid prop9 erty taxes if the Secretary of State determines that it is

10 in the national interests of the United States to do so.

11 (e) Not later than 6 months after the initial exercise

12 of the waiver authority in subsection (d), the Secretary of

13 State, after consultations with the City of New York, shall

14 submit a report to the Committees on Appropriations de15 scribing a strategy, including a timetable and steps cur16 rently being taken, to collect the parking fines and penalties

17 and unpaid property taxes and interest owed by nations

18 receiving foreign assistance under this Act.

19 (f) In this section:

20 (1) The term ‘‘appropriate congressional com21 mittees’’ means the Committee on Appropriations of

22 the Senate and the Committee on Appropriations of

23 the House of Representatives.
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1 (2) The term ‘‘fully adjudicated’’ includes cir2 cumstances in which the person to whom the vehicle

3 is registered—

4 (A)(i) has not responded to the parking vio5 lation summons; or

6 (ii) has not followed the appropriate adju7 dication procedure to challenge the summons;

8 and

9 (B) the period of time for payment of or

10 challenge to the summons has lapsed.

11 (3) The term ‘‘parking fines and penalties’’

12 means parking fines and penalties—

13 (A) owed to—

14 (i) the District of Columbia; or

15 (ii) New York, New York; and

16 (B) incurred during the period April 1,

17 1997, through September 30, 2005.

18 (4) The term ‘‘unpaid property taxes’’ means the

19 amount of unpaid taxes and interest determined to be

20 owed by a foreign country on real property in the

21 District of Columbia or New York, New York in a

22 court order or judgment entered against such country

23 by a court of the United States or any State or sub24 division thereof.
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1 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST

2 BANK AND GAZA

3 SEC. 6044. None of the funds appropriated by this Act

4 may be obligated for assistance for the Palestine Liberation

5 Organization for the West Bank and Gaza unless the Presi6 dent has exercised the authority under section 604(a) of the

7 Middle East Peace Facilitation Act of 1995 (title VI of Pub8 lic Law 104–107) or any other legislation to suspend or

9 make inapplicable section 307 of the Foreign Assistance Act

10 of 1961 and that suspension is still in effect: Provided, That

11 if the President fails to make the certification under section

12 604(b)(2) of the Middle East Peace Facilitation Act of 1995

13 or to suspend the prohibition under other legislation, funds

14 appropriated by this Act may not be obligated for assistance

15 for the Palestine Liberation Organization for the West Bank

16 and Gaza.

17 WAR CRIMES TRIBUNALS DRAWDOWN

18 SEC. 6045. If the President determines that doing so

19 will contribute to a just resolution of charges regarding

20 genocide or other violations of international humanitarian

21 law, the President may direct a drawdown pursuant to sec22 tion 552(c) of the Foreign Assistance Act of 1961 of up to

23 $30,000,000 of commodities and services for the United Na24 tions War Crimes Tribunal established with regard to the

25 former Yugoslavia by the United Nations Security Council

26 or such other tribunals or commissions as the Council may
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1 establish or authorize to deal with such violations, without

2 regard to the ceiling limitation contained in paragraph (2)

3 thereof: Provided, That the determination required under

4 this section shall be in lieu of any determinations otherwise

5 required under section 552(c): Provided further, That the

6 drawdown made under this section for any tribunal shall

7 not be construed as an endorsement or precedent for the es8 tablishment of any standing or permanent international

9 criminal tribunal or court: Provided further, That funds

10 made available for tribunals other than Yugoslavia, Rwan11 da, or the Special Court for Sierra Leone shall be made

12 available subject to the regular notification procedures of

13 the Committees on Appropriations.

14 LANDMINES

15 SEC. 6046. Notwithstanding any other provision of

16 law, demining equipment available to the United States

17 Agency for International Development and the Department

18 of State and used in support of the clearance of landmines

19 and unexploded ordnance for humanitarian purposes may

20 be disposed of on a grant basis in foreign countries, subject

21 to such terms and conditions as the President may pre22 scribe.

23 RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

24 SEC. 6047. None of the funds appropriated by this Act

25 may be obligated or expended to create in any part of Jeru26 salem a new office of any department or agency of the
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1 United States Government for the purpose of conducting of2 ficial United States Government business with the Pales3 tinian Authority over Gaza and Jericho or any successor

4 Palestinian governing entity provided for in the Israel-PLO

5 Declaration of Principles: Provided, That this restriction

6 shall not apply to the acquisition of additional space for

7 the existing Consulate General in Jerusalem: Provided fur8 ther, That meetings between officers and employees of the

9 United States and officials of the Palestinian Authority, or

10 any successor Palestinian governing entity provided for in

11 the Israel-PLO Declaration of Principles, for the purpose

12 of conducting official United States Government business

13 with such authority should continue to take place in loca14 tions other than Jerusalem. As has been true in the past,

15 officers and employees of the United States Government

16 may continue to meet in Jerusalem on other subjects with

17 Palestinians (including those who now occupy positions in

18 the Palestinian Authority), have social contacts, and have

19 incidental discussions.

20 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

21 SEC. 6048. None of the funds appropriated or other22 wise made available by this Act under the heading ‘‘Inter23 national Military Education and Training’’ or ‘‘Foreign

24 Military Financing Program’’ for Informational Program

25 activities or under the headings ‘‘Child Survival and

26 Health Programs Fund’’, ‘‘Development Assistance’’, and
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1 ‘‘Economic Support Fund’’ may be obligated or expended

2 to pay for—

3 (1) alcoholic beverages; or

4 (2) entertainment expenses for activities that are

5 substantially of a recreational character, including

6 but not limited to entrance fees at sporting events,

7 theatrical and musical productions, and amusement

8 parks.

9 HAITI

10 SEC. 6049. (a) Of the funds appropriated by this Act,

11 not less than the following amounts shall be made available

12 for assistance for Haiti—

13 (1) $20,000,000 from ‘‘Child Survival and

14 Health Programs Fund’’;

15 (2) $30,000,000 from ‘‘Development Assistance’’;

16 (3) $50,000,000 from ‘‘Economic Support

17 Fund’’;

18 (4) $15,000,000 from ‘‘International Narcotics

19 Control and Law Enforcement’’;

20 (5) $1,000,000 from ‘‘Foreign Military Financ21 ing Program’’; and

22 (6) $215,000 from ‘‘International Military Edu23 cation and Training’’.

24 (b) The Government of Haiti shall be eligible to pur25 chase defense articles and services under the Arms Export

26 Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
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1 (c) Funds made available for assistance for Haiti shall

2 be made available to support elections in Haiti after the

3 Secretary of State submits a written report to the Commit4 tees on Appropriations, the House International Relations

5 Committee and the Senate Foreign Relations Committee

6 setting forth a detailed plan, in consultation with the Hai7 tian Transitional Government and the United Nations Sta8 bilization Mission (MINUSTAH), which includes an inte9 grated public security strategy to strengthen the rule of law,

10 ensure that acceptable security conditions exist to permit

11 an electoral process with broad based participation by all

12 the political parties, and provide a timetable for the demo13 bilization, disarmament and reintegration of armed groups:

14 Provided, That following the receipt of such report, up to

15 $3,000,000 of the funds made available under subsection

16 (a)(3) should be made available for the demobilization, dis17 armament, and reintegration of armed groups in Haiti.

18 LIMITATION ON ASSISTANCE TO THE PALESTINIAN

19 AUTHORITY

20 SEC. 6050. (a) PROHIBITION OF FUNDS.—None of the

21 funds appropriated by this Act to carry out the provisions

22 of chapter 4 of part II of the Foreign Assistance Act of 1961

23 may be obligated or expended with respect to providing

24 funds to the Palestinian Authority.

25 (b) WAIVER.—The prohibition included in subsection

26 (a) shall not apply if the President certifies in writing to
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1 the Speaker of the House of Representatives and the Presi2 dent pro tempore of the Senate that waiving such prohibi3 tion is important to the national security interests of the

4 United States.

5 (c) PERIOD OF APPLICATION OF WAIVER.—Any waiv6 er pursuant to subsection (b) shall be effective for no more

7 than a period of 6 months at a time and shall not apply

8 beyond 12 months after the enactment of this Act.

9 (d) REPORT.—Whenever the waiver authority pursu10 ant to subsection (b) is exercised, the President shall submit

11 a report to the Committees on Appropriations detailing the

12 steps the Palestinian Authority has taken to arrest terror13 ists, confiscate weapons and dismantle the terrorist infra14 structure. The report shall also include a description of how

15 funds will be spent and the accounting procedures in place

16 to ensure that they are properly disbursed.

17 LIMITATION ON ASSISTANCE TO SECURITY FORCES

18 SEC. 6051. None of the funds made available by this

19 Act for assistance may be provided to any unit of the secu20 rity forces of a foreign country if the Secretary of State

21 has credible evidence that such unit has committed gross

22 violations of human rights, unless the Secretary determines

23 and reports to the Committees on Appropriations that the

24 government of such country is taking effective measures to

25 bring the responsible members of the security forces unit

26 to justice: Provided, That nothing in this section shall be
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1 construed to withhold funds made available by this Act from

2 any unit of the security forces of a foreign country not

3 credibly alleged to be involved in gross violations of human

4 rights: Provided further, That in the event that funds are

5 withheld from any unit pursuant to this section, the Sec6 retary of State shall promptly inform the foreign govern7 ment of the basis for such action and shall, to the maximum

8 extent practicable, assist the foreign government in taking

9 effective measures to bring the responsible members of the

10 security forces to justice.

11 FOREIGN MILITARY TRAINING REPORT

12 SEC. 6052. The annual foreign military training re13 port required by section 656 of the Foreign Assistance Act

14 of 1961 shall be submitted by the Secretary of Defense and

15 the Secretary of State to the Committees on Appropriations

16 of the House of Representatives and the Senate by the date

17 specified in that section.

18 AUTHORIZATION REQUIREMENT

19 SEC. 6053. Funds appropriated by this Act, except

20 funds appropriated under the headings ‘‘Trade and Devel21 opment Agency’’, ‘‘Overseas Private Investment Corpora22 tion’’, and ‘‘Global HIV/AIDS Initiative’’, may be obligated

23 and expended notwithstanding section 10 of Public Law

24 91–672 and section 15 of the State Department Basic Au25 thorities Act of 1956.
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1 CAMBODIA

2 SEC. 6054. (a)(1) None of the funds appropriated by

3 this Act may be made available for assistance for the Cen4 tral Government of Cambodia.

5 (2) Paragraph (1) shall not apply to assistance for

6 basic education, reproductive and maternal and child

7 health, cultural and historic preservation, programs for the

8 prevention, treatment, and control of, and research on,

9 HIV/AIDS, tuberculosis, malaria, polio and other infectious

10 diseases, development and implementation of legislation

11 and implementation of procedures on inter-country adop12 tions consistent with international standards, rule of law

13 programs, counternarcotics programs, programs to combat

14 human trafficking that are provided through nongovern15 mental organizations, anti-corruption programs, and for

16 the Ministry of Women and Veterans Affairs to combat

17 human trafficking.

18 (b) Notwithstanding any provision of this or any other

19 Act, of the funds appropriated by this Act under the head20 ing ‘‘Economic Support Fund’’, $15,000,000 shall be made

21 available for activities to support democracy and human

22 rights, including assistance for democratic political parties

23 in Cambodia.
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1 (c) Funds appropriated by this Act to carry out provi2 sions of section 541 of the Foreign Assistance Act of 1961

3 may be made available notwithstanding subsection (a).

4 PALESTINIAN STATEHOOD

5 SEC. 6055. (a) LIMITATION ON ASSISTANCE.—None of

6 the funds appropriated by this Act may be provided to sup7 port a Palestinian state unless the Secretary of State deter8 mines and certifies to the appropriate congressional com9 mittees that—

10 (1) a new leadership of a Palestinian governing

11 entity has been democratically elected through credible

12 and competitive elections;

13 (2) the elected governing entity of a new Pales14 tinian state—

15 (A) has demonstrated a firm commitment to

16 peaceful co-existence with the State of Israel;

17 (B) is taking appropriate measures to

18 counter terrorism and terrorist financing in the

19 West Bank and Gaza, including the dismantling

20 of terrorist infrastructures;

21 (C) is establishing a new Palestinian secu22 rity entity that is cooperative with appropriate

23 Israeli and other appropriate security organiza24 tions; and

25 (3) the Palestinian Authority (or the governing

26 body of a new Palestinian state) is working with
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1 other countries in the region to vigorously pursue ef2 forts to establish a just, lasting, and comprehensive

3 peace in the Middle East that will enable Israel and

4 an independent Palestinian state to exist within the

5 context of full and normal relationships, which should

6 include—

7 (A) termination of all claims or states of

8 belligerency;

9 (B) respect for and acknowledgement of the

10 sovereignty, territorial integrity, and political

11 independence of every state in the area through

12 measures including the establishment of demili13 tarized zones;

14 (C) their right to live in peace within secure

15 and recognized boundaries free from threats or

16 acts of force;

17 (D) freedom of navigation through inter18 national waterways in the area; and

19 (E) a framework for achieving a just settle20 ment of the refugee problem.

21 (b) SENSE OF CONGRESS.—It is the sense of Congress

22 that the newly-elected governing entity should enact a con23 stitution assuring the rule of law, an independent judici24 ary, and respect for human rights for its citizens, and
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1 should enact other laws and regulations assuring trans2 parent and accountable governance.

3 (c) WAIVER.—The President may waive subsection (a)

4 if he determines that it is vital to the national security in5 terests of the United States to do so.

6 (d) EXEMPTION.—The restriction in subsection (a)

7 shall not apply to assistance intended to help reform the

8 Palestinian Authority and affiliated institutions, or a

9 newly-elected governing entity, in order to help meet the

10 requirements of subsection (a), consistent with the provi11 sions of section 6050 of this Act (‘‘Limitation on Assistance

12 to the Palestinian Authority’’).

13 COLOMBIA

14 SEC. 6056. (a) DETERMINATION AND CERTIFICATION

15 REQUIRED.—Notwithstanding any other provision of law,

16 funds appropriated by this Act that are available for assist17 ance for the Colombian Armed Forces, may be made avail18 able as follows:

19 (1) Up to 75 percent of such funds may be obli20 gated prior to a determination and certification by

21 the Secretary of State pursuant to paragraph (2).

22 (2) Up to 12.5 percent of such funds may be obli23 gated only after the Secretary of State certifies and

24 reports to the appropriate congressional committees

25 that:
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1 (A) The Commander General of the Colom2 bian Armed Forces is suspending from the

3 Armed Forces those members, of whatever rank

4 who, according to the Minister of Defense or the

5 Procuraduria General de la Nacion, have been

6 credibly alleged to have committed gross viola7 tions of human rights, including extra-judicial

8 killings, or to have aided or abetted paramilitary

9 organizations.

10 (B) The Colombian Government is vigor11 ously investigating and prosecuting those mem12 bers of the Colombian Armed Forces, of whatever

13 rank, who have been credibly alleged to have

14 committed gross violations of human rights, in15 cluding extra-judicial killings, or to have aided

16 or abetted paramilitary organizations, and is

17 promptly punishing those members of the Colom18 bian Armed Forces found to have committed such

19 violations of human rights or to have aided or

20 abetted paramilitary organizations.

21 (C) The Colombian Armed Forces have

22 made substantial progress in cooperating with

23 civilian prosecutors and judicial authorities in

24 such cases (including providing requested infor25 mation, such as the identity of persons sus-
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1 pended from the Armed Forces and the nature

2 and cause of the suspension, and access to wit3 nesses, relevant military documents, and other

4 requested information).

5 (D) The Colombian Armed Forces have

6 made substantial progress in severing links (in7 cluding denying access to military intelligence,

8 vehicles, and other equipment or supplies, and

9 ceasing other forms of active or tacit coopera10 tion) at the command, battalion, and brigade

11 levels, with paramilitary organizations, espe12 cially in regions where these organizations have

13 a significant presence.

14 (E) The Colombian Government is disman15 tling paramilitary leadership and financial net16 works by arresting commanders and financial

17 backers, especially in regions where these net18 works have a significant presence.

19 (F) The Colombian Armed Forces are re20 specting the legal, cultural, and territorial rights

21 of Colombia’s indigenous communities.

22 (3) The balance of such funds may be obligated

23 after July 31, 2006, if the Secretary of State certifies

24 and reports to the appropriate congressional commit25 tees, after such date, that the Colombian Armed
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1 Forces are continuing to meet the conditions con2 tained in paragraph (2) and are conducting vigorous

3 operations to restore government authority and re4 spect for human rights in areas under the effective

5 control of paramilitary and guerrilla organizations.

6 (b) CONGRESSIONAL NOTIFICATION.—Funds made

7 available by this Act for the Colombian Armed Forces shall

8 be subject to the regular notification procedures of the Com9 mittees on Appropriations.

10 (c) CONSULTATIVE PROCESS.—

11 (1) Prior to making the certifications required

12 by subsection (a), the Secretary of State shall consult

13 with the appropriate congressional committees and

14 with the Office of the High Commissioner for Human

15 Rights in Colombia regarding each of the conditions

16 specified in paragraphs (2)(A) through (F) of that

17 subsection.

18 (2) Not later than 60 days after the date of en19 actment of this Act, and every 90 days thereafter

20 until September 30, 2007, the Secretary of State shall

21 consult with internationally recognized human rights

22 organizations regarding progress in meeting the con23 ditions contained in subsection (a).

24 (d) DEFINITIONS.—In this section:
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1 (1) AIDED OR ABETTED.—The term ‘‘aided or

2 abetted’’ means to provide any support to para3 military groups, including taking actions which

4 allow, facilitate, or otherwise foster the activities of

5 such groups.

6 (2) PARAMILITARY GROUPS.—The term ‘‘para7 military groups’’ means illegal self-defense groups

8 and illegal security cooperatives.

9 ILLEGAL ARMED GROUPS

10 SEC. 6057. (a) DENIAL OF VISAS TO SUPPORTERS OF

11 COLOMBIAN ILLEGAL ARMED GROUPS.—Subject to sub12 section (b), the Secretary of State shall not issue a visa to

13 any alien who the Secretary determines, based on credible

14 evidence—

15 (1) has willfully provided any support to the

16 Revolutionary Armed Forces of Colombia (FARC), the

17 National Liberation Army (ELN), or the United Self18 Defense Forces of Colombia (AUC), including taking

19 actions or failing to take actions which allow, facili20 tate, or otherwise foster the activities of such groups;

21 or

22 (2) has committed, ordered, incited, assisted, or

23 otherwise participated in the commission of gross vio24 lations of human rights, including extra-judicial

25 killings, in Colombia.
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1 (b) WAIVER.—Subsection (a) shall not apply if the

2 Secretary of State determines and certifies to the appro3 priate congressional committees, on a case-by-case basis,

4 that the issuance of a visa to the alien is necessary to sup5 port the peace process in Colombia or for urgent humani6 tarian reasons.

7 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

8 BROADCASTING CORPORATION

9 SEC. 6058. None of the funds appropriated or other10 wise made available by this Act may be used to provide

11 equipment, technical support, consulting services, or any

12 other form of assistance to the Palestinian Broadcasting

13 Corporation.

14 WEST BANK AND GAZA PROGRAM

15 SEC. 6059. (a) OVERSIGHT.—For fiscal year 2006, 30

16 days prior to the initial obligation of funds for the bilateral

17 West Bank and Gaza Program, the Secretary of State shall

18 certify to the appropriate committees of Congress that pro19 cedures have been established to assure the Comptroller Gen20 eral of the United States will have access to appropriate

21 United States financial information in order to review the

22 uses of United States assistance for the Program funded

23 under the heading ‘‘Economic Support Fund’’ for the West

24 Bank and Gaza.

25 (b) VETTING.—Prior to the obligation of funds appro26 priated by this Act under the heading ‘‘Economic Support
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1 Fund’’ for assistance for the West Bank and Gaza, the Sec2 retary of State shall take all appropriate steps to ensure

3 that such assistance is not provided to or through any indi4 vidual, private or government entity, or educational insti5 tution that the Secretary knows or has reason to believe ad6 vocates, plans, sponsors, engages in, or has engaged in, ter7 rorist activity. The Secretary of State shall, as appropriate,

8 establish procedures specifying the steps to be taken in car9 rying out this subsection and shall terminate assistance to

10 any individual, entity, or educational institution which he

11 has determined to be involved in or advocating terrorist ac12 tivity.

13 (c) PROHIBITION.—None of the funds appropriated by

14 this Act for assistance under the West Bank and Gaza pro15 gram may be made available for the purpose of recognizing

16 or otherwise honoring individuals who commit, or have

17 committed, acts of terrorism.

18 (d) AUDITS.—

19 (1) The Administrator of the United States

20 Agency for International Development shall ensure

21 that Federal or non-Federal audits of all contractors

22 and grantees, and significant subcontractors and sub23 grantees, under the West Bank and Gaza Program,

24 are conducted at least on an annual basis to ensure,

25 among other things, compliance with this section.
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1 (2) Of the funds appropriated by this Act under

2 the heading ‘‘Economic Support Fund’’ that are made

3 available for assistance for the West Bank and Gaza,

4 up to $1,000,000 may be used by the Office of the In5 spector General of the United States Agency for Inter6 national Development for audits, inspections, and

7 other activities in furtherance of the requirements of

8 this subsection. Such funds are in addition to funds

9 otherwise available for such purposes.

10 (e) Not later than 180 days after enactment of this

11 Act, the Secretary of State shall submit a report to the Com12 mittees on Appropriations updating the report contained

13 in section 2106 of chapter 2 of title II of Public Law 109–

14 72.

15 CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

16 SEC. 6060. (a) LIMITATIONS ON AMOUNT OF CON17 TRIBUTION.—Of the amounts made available under ‘‘Inter18 national Organizations and Programs’’ and ‘‘Child Sur19 vival and Health Programs Fund’’ for fiscal year 2006,

20 $35,000,000 shall be made available for the United Nations

21 Population Fund (hereafter in this section referred to as

22 the ‘‘UNFPA’’): Provided, That of this amount, not less

23 than $20,000,000 shall be derived from funds appropriated

24 under the heading ‘‘International Organizations and Pro25 grams’’.
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1 (b) AVAILABILITY OF FUNDS.—Funds appropriated

2 under the heading ‘‘International Organizations and Pro3 grams’’ in this Act that are available for the UNFPA, that

4 are not made available for UNFPA because of the operation

5 of any provision of law, shall be transferred to ‘‘Child Sur6 vival and Health Programs Fund’’ and shall be made avail7 able only for family planning, maternal, and reproductive

8 health activities, subject to the regular notification proce9 dures of the Committees on Appropriations.

10 (c) PROHIBITION ON USE OF FUNDS IN CHINA.—None

11 of the funds made available under ‘‘International Organiza12 tions and Programs’’ may be made available for the

13 UNFPA for a country program in the People’s Republic

14 of China.

15 (d) CONDITIONS ON AVAILABILITY OF FUNDS.—

16 Amounts made available under ‘‘International Organiza17 tions and Programs’’ for fiscal year 2006 for the UNFPA

18 may not be made available to UNFPA unless—

19 (1) the UNFPA maintains amounts made avail20 able to the UNFPA under this section in an account

21 separate from other accounts of the UNFPA;

22 (2) the UNFPA does not commingle amounts

23 made available to the UNFPA under this section with

24 other sums; and

25 (3) the UNFPA does not fund abortions.
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1 (e) USE OF FUNDS.—None of the funds made available

2 for the UNFPA in this section may be used for any purpose

3 except—

4 (1) to provide and distribute equipment, medi5 cine, and supplies, including safe delivery kits and

6 hygiene kits, to ensure safe childbirth and emergency

7 obstetric care;

8 (2) to prevent and treat cases of obstetric fistula;

9 (3) to make available supplies of contraceptives

10 for the prevention of pregnancy and sexually trans11 mitted infections, including HIV/AIDS;

12 (4) to reestablish maternal health services in

13 areas where medical infrastructure and such services

14 have been destroyed by natural disasters;

15 (5) to eliminate the practice of female genital

16 mutilation; or

17 (6) to promote the access of unaccompanied

18 women and other vulnerable people to vital services,

19 including access to water, sanitation facilities, food,

20 and health care.

21 WAR CRIMINALS

22 SEC. 6061. (a)(1) None of the funds appropriated or

23 otherwise made available pursuant to this Act may be made

24 available for assistance, and the Secretary of the Treasury

25 shall instruct the United States executive directors to the

26 international financial institutions to vote against any new
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1 project involving the extension by such institutions of any

2 financial or technical assistance, to any country, entity, or

3 municipality whose competent authorities have failed, as

4 determined by the Secretary of State, to take necessary and

5 significant steps to implement its international legal obli6 gations to apprehend and transfer to the International

7 Criminal Tribunal for the former Yugoslavia (the ‘‘Tri8 bunal’’) all persons in their territory who have been in9 dicted by the Tribunal and to otherwise cooperate with the

10 Tribunal.

11 (2) The provisions of this subsection shall not apply

12 to humanitarian assistance or assistance for democratiza13 tion.

14 (b) The provisions of subsection (a) shall apply unless

15 the Secretary of State determines and reports to the appro16 priate congressional committees that the competent authori17 ties of such country, entity, or municipality are—

18 (1) cooperating with the Tribunal, including ac19 cess for investigators to archives and witnesses, the

20 provision of documents, and the surrender and trans21 fer of indictees or assistance in their apprehension;

22 and

23 (2) are acting consistently with the Dayton Ac24 cords.
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1 (c) Not less than 10 days before any vote in an inter2 national financial institution regarding the extension of

3 any new project involving financial or technical assistance

4 or grants to any country or entity described in subsection

5 (a), the Secretary of the Treasury, in consultation with the

6 Secretary of State, shall provide to the Committees on Ap7 propriations a written justification for the proposed assist8 ance, including an explanation of the United States posi9 tion regarding any such vote, as well as a description of

10 the location of the proposed assistance by municipality, its

11 purpose, and its intended beneficiaries.

12 (d) In carrying out this section, the Secretary of State,

13 the Administrator of the United States Agency for Inter14 national Development, and the Secretary of the Treasury

15 shall consult with representatives of human rights organiza16 tions and all government agencies with relevant informa17 tion to help prevent indicted war criminals from benefiting

18 from any financial or technical assistance or grants pro19 vided to any country or entity described in subsection (a).

20 (e) The Secretary of State may waive the application

21 of subsection (a) with respect to projects within a country,

22 entity, or municipality upon a written determination to

23 the Committees on Appropriations that such assistance di24 rectly supports the implementation of the Dayton Accords.

25 (f) DEFINITIONS.—As used in this section:
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1 (1) COUNTRY.—The term ‘‘country’’ means Bos2 nia and Herzegovina, Croatia and Serbia.

3 (2) ENTITY.—The term ‘‘entity’’ refers to the

4 Federation of Bosnia and Herzegovina, Kosovo, Mon5 tenegro and the Republika Srpska.

6 (3) MUNICIPALITY.—The term ‘‘municipality’’

7 means a city, town or other subdivision within a

8 country or entity as defined herein.

9 (4) DAYTON ACCORDS.—The term ‘‘Dayton Ac10 cords’’ means the General Framework Agreement for

11 Peace in Bosnia and Herzegovina, together with an12 nexes relating thereto, done at Dayton, November 10

13 through 16, 1995.

14 USER FEES

15 SEC. 6062. The Secretary of the Treasury shall in16 struct the United States Executive Director at each inter17 national financial institution (as defined in section

18 1701(c)(2) of the International Financial Institutions Act)

19 and the International Monetary Fund to oppose any loan,

20 grant, strategy or policy of these institutions that would

21 require user fees or service charges on poor people for pri22 mary education or primary healthcare, including preven23 tion and treatment efforts for HIV/AIDS, malaria, tuber24 culosis, and infant, child, and maternal well-being, in con25 nection with the institutions’ financing programs.
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1 FUNDING FOR SERBIA

2 SEC. 6063. (a) Funds appropriated by this Act may

3 be made available for assistance for the central Government

4 of Serbia after May 31, 2006, if the President has made

5 the determination and certification contained in subsection

6 (c).

7 (b) After May 31, 2006, the Secretary of the Treasury

8 should instruct the United States executive directors to the

9 international financial institutions to support loans and

10 assistance to the Government of Serbia and Montenegro sub11 ject to the conditions in subsection (c): Provided, That sec12 tion 576 of the Foreign Operations, Export Financing, and

13 Related Programs Appropriations Act, 1997, as amended,

14 shall not apply to the provision of loans and assistance to

15 the Government of Serbia and Montenegro through inter16 national financial institutions.

17 (c) The determination and certification referred to in

18 subsection (a) is a determination by the President and a

19 certification to the Committees on Appropriations that the

20 Government of Serbia and Montenegro is—

21 (1) cooperating with the International Criminal

22 Tribunal for the former Yugoslavia including access

23 for investigators, the provision of documents, and the

24 surrender and transfer of indictees or assistance in

25 their apprehension, including Ratko Mladic and
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1 Radovan Karadzic, unless the Secretary of State de2 termines and reports to the Committees on Appro3 priations that these individuals are no longer residing

4 in Serbia;

5 (2) taking steps that are consistent with the

6 Dayton Accords to end Serbian financial, political,

7 security and other support which has served to main8 tain separate Republika Srpska institutions; and

9 (3) taking steps to implement policies which re10 flect a respect for minority rights and the rule of law.

11 (d) This section shall not apply to Montenegro, Kosovo,

12 humanitarian assistance or assistance to promote democ13 racy.

14 COMMUNITY-BASED POLICE ASSISTANCE

15 SEC. 6064. (a) AUTHORITY.—Funds made available by

16 this Act to carry out the provisions of chapter 1 of part

17 I and chapter 4 of part II of the Foreign Assistance Act

18 of 1961, may be used, notwithstanding section 660 of that

19 Act, to enhance the effectiveness and accountability of civil20 ian police authority through training and technical assist21 ance in human rights, the rule of law, strategic planning,

22 and through assistance to foster civilian police roles that

23 support democratic governance including assistance for

24 programs to prevent conflict, respond to disasters, address

25 gender-based violence, and foster improved police relations

26 with the communities they serve.
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1 (b) NOTIFICATION.—Assistance provided under sub2 section (a) shall be subject to prior consultation with, and

3 the regular notification procedures of, the Committees on

4 Appropriations.

5 SPECIAL DEBT RELIEF FOR THE POOREST

6 SEC. 6065. (a) AUTHORITY TO REDUCE DEBT.—The

7 President may reduce amounts owed to the United States

8 (or any agency of the United States) by an eligible country

9 as a result of—

10 (1) guarantees issued under sections 221 and 222

11 of the Foreign Assistance Act of 1961;

12 (2) credits extended or guarantees issued under

13 the Arms Export Control Act; or

14 (3) any obligation or portion of such obligation,

15 to pay for purchases of United States agricultural

16 commodities guaranteed by the Commodity Credit

17 Corporation under export credit guarantee programs

18 authorized pursuant to section 5(f) of the Commodity

19 Credit Corporation Charter Act of June 29, 1948, as

20 amended, section 4(b) of the Food for Peace Act of

21 1966, as amended (Public Law 89–808), or section

22 202 of the Agricultural Trade Act of 1978, as amend23 ed (Public Law 95–501).

24 (b) LIMITATIONS.—

25 (1) The authority provided by subsection (a)

26 may be exercised only to implement multilateral offi-
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1 cial debt relief and referendum agreements, commonly

2 referred to as ‘‘Paris Club Agreed Minutes’’.

3 (2) The authority provided by subsection (a)

4 may be exercised only in such amounts or to such ex5 tent as is provided in advance by appropriations

6 Acts.

7 (3) The authority provided by subsection (a)

8 may be exercised only with respect to countries with

9 heavy debt burdens that are eligible to borrow from

10 the International Development Association, but not

11 from the International Bank for Reconstruction and

12 Development, commonly referred to as ‘‘IDA-only’’

13 countries.

14 (c) CONDITIONS.—The authority provided by sub15 section (a) may be exercised only with respect to a country

16 whose government—

17 (1) does not have an excessive level of military

18 expenditures;

19 (2) has not repeatedly provided support for acts

20 of international terrorism;

21 (3) is not failing to cooperate on international

22 narcotics control matters;

23 (4) (including its military or other security

24 forces) does not engage in a consistent pattern of gross
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1 violations of internationally recognized human rights;

2 and

3 (5) is not ineligible for assistance because of the

4 application of section 527 of the Foreign Relations

5 Authorization Act, Fiscal Years 1994 and 1995.

6 (d) AVAILABILITY OF FUNDS.—The authority provided

7 by subsection (a) may be used only with regard to the funds

8 appropriated by this Act under the heading ‘‘Debt Restruc9 turing’’.

10 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc11 tion of debt pursuant to subsection (a) shall not be consid12 ered assistance for the purposes of any provision of law lim13 iting assistance to a country. The authority provided by

14 subsection (a) may be exercised notwithstanding section

15 620(r) of the Foreign Assistance Act of 1961 or section 321

16 of the International Development and Food Assistance Act

17 of 1975.

18 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

19 SEC. 6066. (a) LOANS ELIGIBLE FOR SALE, REDUC20 TION, OR CANCELLATION.—

21 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

22 CERTAIN LOANS.—Notwithstanding any other provi23 sion of law, the President may, in accordance with

24 this section, sell to any eligible purchaser any

25 concessional loan or portion thereof made before Jan26 uary 1, 1995, pursuant to the Foreign Assistance Act
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1 of 1961, to the government of any eligible country as

2 defined in section 702(6) of that Act or on receipt of

3 payment from an eligible purchaser, reduce or cancel

4 such loan or portion thereof, only for the purpose of

5 facilitating—

6 (A) debt-for-equity swaps, debt-for-develop7 ment swaps, or debt-for-nature swaps; or

8 (B) a debt buyback by an eligible country

9 of its own qualified debt, only if the eligible

10 country uses an additional amount of the local

11 currency of the eligible country, equal to not less

12 than 40 percent of the price paid for such debt

13 by such eligible country, or the difference between

14 the price paid for such debt and the face value

15 of such debt, to support activities that link con16 servation and sustainable use of natural re17 sources with local community development, and

18 child survival and other child development, in a

19 manner consistent with sections 707 through 710

20 of the Foreign Assistance Act of 1961, if the sale,

21 reduction, or cancellation would not contravene

22 any term or condition of any prior agreement

23 relating to such loan.

24 (2) TERMS AND CONDITIONS.—Notwithstanding

25 any other provision of law, the President shall, in ac-
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1 cordance with this section, establish the terms and

2 conditions under which loans may be sold, reduced, or

3 canceled pursuant to this section.

4 (3) ADMINISTRATION.—The Facility, as defined

5 in section 702(8) of the Foreign Assistance Act of

6 1961, shall notify the administrator of the agency

7 primarily responsible for administering part I of the

8 Foreign Assistance Act of 1961 of purchasers that the

9 President has determined to be eligible, and shall di10 rect such agency to carry out the sale, reduction, or

11 cancellation of a loan pursuant to this section. Such

12 agency shall make adjustment in its accounts to re13 flect the sale, reduction, or cancellation.

14 (4) LIMITATION.—The authorities of this sub15 section shall be available only to the extent that ap16 propriations for the cost of the modification, as de17 fined in section 502 of the Congressional Budget Act

18 of 1974, are made in advance.

19 (b) DEPOSIT OF PROCEEDS.—The proceeds from the

20 sale, reduction, or cancellation of any loan sold, reduced,

21 or canceled pursuant to this section shall be deposited in

22 the United States Government account or accounts estab23 lished for the repayment of such loan.

24 (c) ELIGIBLE PURCHASERS.—A loan may be sold pur25 suant to subsection (a)(1)(A) only to a purchaser who pre-
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1 sents plans satisfactory to the President for using the loan

2 for the purpose of engaging in debt-for-equity swaps, debt3 for-development swaps, or debt-for-nature swaps.

4 (d) DEBTOR CONSULTATIONS.—Before the sale to any

5 eligible purchaser, or any reduction or cancellation pursu6 ant to this section, of any loan made to an eligible country,

7 the President should consult with the country concerning

8 the amount of loans to be sold, reduced, or canceled and

9 their uses for debt-for-equity swaps, debt-for-development

10 swaps, or debt-for-nature swaps.

11 (e) AVAILABILITY OF FUNDS.—The authority provided

12 by subsection (a) may be used only with regard to funds

13 appropriated by this Act under the heading ‘‘Debt Restruc14 turing’’.

15 REPORTING REQUIREMENT

16 SEC. 6067. The Secretary of State shall provide the

17 Committees on Appropriations, not later than January 1,

18 2006, and for each fiscal quarter thereafter, a report in

19 writing on the uses of funds made available under the head20 ings ‘‘Foreign Military Financing Program’’, ‘‘Inter21 national Military Education and Training’’, and ‘‘Peace22 keeping Operations’’: Provided, That such report shall in23 clude a description of the obligation and expenditure of

24 funds, and the specific country in receipt of, and the use

25 or purpose of the assistance provided by such funds.
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1 RECONCILIATION PROGRAMS

2 SEC. 6068. Of the funds appropriated under the head3 ing ‘‘Economic Support Fund’’, not less than $20,000,000

4 shall be made available, notwithstanding any other provi5 sion of law, to support reconciliation programs and activi6 ties which bring together individuals of different ethnic, re7 ligious, and political backgrounds from areas of civil con8 flict and war.

9 SUDAN

10 SEC. 6069. (a) AVAILABILITY OF FUNDS.—Of the

11 funds appropriated by title III of this Act, not less than

12 $112,350,000 should be made available for assistance for

13 Sudan.

14 (b) LIMITATION ON ASSISTANCE.—Subject to sub15 section (c):

16 (1) Notwithstanding section 501(a) of the Inter17 national Malaria Control Act of 2000 (Public Law

18 106–570) or any other provision of law, none of the

19 funds appropriated by this Act may be made avail20 able for assistance for the Government of Sudan.

21 (2) None of the funds appropriated by this Act

22 may be made available for the cost, as defined in sec23 tion 502, of the Congressional Budget Act of 1974, of

24 modifying loans and loan guarantees held by the Gov25 ernment of Sudan, including the cost of selling, reduc26 ing, or canceling amounts owed to the United States,
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1 and modifying concessional loans, guarantees, and

2 credit agreements.

3 (c) Subsection (b) shall not apply if the Secretary of

4 State determines and certifies to the Committees on Appro5 priations that—

6 (1) the Government of Sudan has taken signifi7 cant steps to disarm and disband government-sup8 ported militia groups in the Darfur region;

9 (2) the Government of Sudan and all govern10 ment-supported militia groups are honoring their

11 commitments made in the cease-fire agreement of

12 April 8, 2004; and

13 (3) the Government of Sudan is allowing

14 unimpeded access to Darfur to humanitarian aid or15 ganizations, the human rights investigation and hu16 manitarian teams of the United Nations, including

17 protection officers, and an international monitoring

18 team that is based in Darfur and that has the sup19 port of the United States.

20 (d) EXCEPTIONS.—The provisions of subsection (b)

21 shall not apply to—

22 (1) humanitarian assistance;

23 (2) assistance for Darfur and for areas outside

24 the control of the Government of Sudan; and
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1 (3) assistance to support implementation of the

2 Comprehensive Peace Agreement.

3 (e) DEFINITIONS.—For the purposes of this Act and

4 section 501 of Public Law 106–570, the terms ‘‘Government

5 of Sudan’’, ‘‘areas outside of control of the Government of

6 Sudan’’, and ‘‘area in Sudan outside of control of the Gov7 ernment of Sudan’’ shall have the same meaning and appli8 cation as was the case immediately prior to June 5, 2004,

9 and, with regard to assistance in support of a viable peace

10 agreement, Southern Kordofan/Nuba Mountains State, Blue

11 Nile State and Abyei.

12 PEACEKEEPING ACTIVITIES

13 SEC. 6070. Notwithstanding any other provision of

14 law, of the funds appropriated or otherwise made available

15 in this Act, not more than $1,035,500,000 shall be available

16 for payment to the United Nations for assessed and other

17 expenses of international peacekeeping activities.

18 EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH

19 EUROPEAN COUNTRIES AND CERTAIN OTHER COUNTRIES

20 SEC. 6071. Notwithstanding section 516(e) of the For21 eign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during

22 fiscal year 2006, funds available to the Department of De23 fense may be expended for crating, packing, handling, and

24 transportation of excess defense articles transferred under

25 the authority of section 516 of such Act to Albania, Afghani26 stan, Bulgaria, Croatia, Estonia, Former Yugoslavian Re-
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1 public of Macedonia, Georgia, India, Iraq, Kazakhstan,

2 Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Paki3 stan, Romania, Slovakia, Tajikistan, Turkmenistan,

4 Ukraine, and Uzbekistan.

5 INDONESIA

6 SEC. 6072. (a) Funds appropriated by this Act under

7 the heading ‘‘Foreign Military Financing Program’’ may

8 be made available for assistance for Indonesia, and licenses

9 may be issued for the export of lethal defense articles for

10 the Indonesian Armed Forces, only if the Secretary of State

11 certifies to the appropriate congressional committees that—

12 (1) the Armed Forces are taking steps to counter

13 international terrorism, consistent with democratic

14 principles and the rule of law, and in cooperation

15 with countries in the region;

16 (2) the Indonesian Government is prosecuting

17 and punishing, in a manner proportional to the

18 crime, members of the Armed Forces, of whatever

19 rank, who have been credibly alleged to have com20 mitted gross violations of human rights or to have

21 aided or abetted militia groups;

22 (3) at the direction of the President of Indonesia,

23 the Armed Forces are cooperating with civilian judi24 cial authorities and with international efforts to re25 solve cases of gross violations of human rights in East

26 Timor and elsewhere; and
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1 (4) at the direction of the President of Indonesia,

2 the Armed Forces are implementing reforms to in3 crease the transparency and accountability of their

4 operations and financial management.

5 (b) The Secretary of State may waive subsection (a)

6 if the Secretary determines and reports to the Committees

7 on Appropriations that to do so is in the national security

8 interests of the United States.

9 LIMITATION ON CONTRACTS

10 SEC. 6073. None of the funds made available under

11 this Act may be used to fund any contract in contravention

12 of section 8(d)(6) of the Small Business Act (15 U.S.C.

13 637(d)(6)).

14 ENVIRONMENT PROGRAMS

15 SEC. 6074. (a) FUNDING.—Of the funds appropriated

16 under the heading ‘‘Development Assistance’’, not less than

17 $165,500,000 shall be made available for programs and ac18 tivities which directly protect biodiversity, including for19 ests, in developing countries, of which not less than

20 $10,000,000 should be made available to implement the

21 United States Agency for International Development’s bio22 diversity conservation strategy for the Amazon basin, which

23 amount shall be in addition to the amounts requested for

24 biodiversity activities in these countries in fiscal year 2006:

25 Provided, That of the funds appropriated by this Act, not

26 less than $17,500,000 should be made available for the
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1 Congo Basin Forest Partnership of which not less than

2 $2,500,000 should be made available to the United States

3 Fish and Wildlife Service for the protection of great apes

4 in Central Africa: Provided further, That of the funds ap5 propriated by this Act, not less than $180,000,000 shall be

6 made available to support clean energy and other climate

7 change policies and programs in developing countries, of

8 which $100,000,000 should be made available to directly

9 promote and deploy energy conservation, energy efficiency,

10 and renewable and clean energy technologies, and of which

11 the balance should be made available to directly: (1) meas12 ure, monitor, and reduce greenhouse gas emissions; (2) in13 crease carbon sequestration activities; and (3) enhance cli14 mate change mitigation and adaptation programs.

15 (b) CLIMATE CHANGE REPORT.—Not later than 45

16 days after the date on which the President’s fiscal year 2007

17 budget request is submitted to Congress, the President shall

18 submit a report to the Committees on Appropriations de19 scribing in detail the following—

20 (1) all Federal agency obligations and expendi21 tures, domestic and international, for climate change

22 programs and activities in fiscal year 2006, including

23 an accounting of expenditures by agency with each

24 agency identifying climate change activities and asso-
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1 ciated costs by line item as presented in the Presi2 dent’s Budget Appendix; and

3 (2) all fiscal year 2005 obligations and estimated

4 expenditures, fiscal year 2006 estimated expenditures

5 and estimated obligations, and fiscal year 2007 re6 quested funds by the United States Agency for Inter7 national Development, by country and central pro8 gram, for each of the following: (i) to promote the

9 transfer and deployment of a wide range of United

10 States clean energy and energy efficiency technologies;

11 (ii) to assist in the measurement, monitoring, report12 ing, verification, and reduction of greenhouse gas

13 emissions; (iii) to promote carbon capture and seques14 tration measures; (iv) to help meet such countries’ re15 sponsibilities under the Framework Convention on

16 Climate Change; and (v) to develop assessments of the

17 vulnerability to impacts of climate change and miti18 gation and adaptation response strategies.

19 (c) EXTRACTION OF NATURAL RESOURCES.—

20 (1) The Secretary of the Treasury shall inform

21 the managements of the international financial insti22 tutions and the public that it is the policy of the

23 United States that any assistance by such institutions

24 (including but not limited to any loan, credit, grant,

25 or guarantee) for the extraction and export of oil, gas,
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1 coal, timber, or other natural resource should not be

2 provided unless the government of the country has in

3 place or is taking the necessary steps to establish

4 functioning systems for: (i) accurately accounting for

5 revenues and expenditures in connection with the ex6 traction and export of the type of natural resource to

7 be extracted or exported; (ii) the independent auditing

8 of such accounts and the widespread public dissemi9 nation of the audits; and (iii) verifying government

10 receipts against company payments including wide11 spread dissemination of such payment information in

12 a manner that does not create competitive disadvan13 tage or disclose proprietary information.

14 (2) Not later than 180 days after the enactment

15 of this Act, the Secretary of the Treasury shall submit

16 a report to the Committees on Appropriations describ17 ing, for each international financial institution, the

18 amount and type of assistance provided, by country,

19 for the extraction and export of oil, gas, coal, timber,

20 or other national resource since September 30, 2005.

21 UZBEKISTAN

22 SEC. 6075. Assistance may be provided to the central

23 Government of Uzbekistan only if the Secretary of State de24 termines and reports to the Committees on Appropriations

25 that the Government of Uzbekistan is making substantial

26 and continuing progress in meeting its commitments under
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1 the ‘‘Declaration on the Strategic Partnership and Coopera2 tion Framework Between the Republic of Uzbekistan and

3 the United States of America’’, including respect for human

4 rights, establishing a genuine multi-party system, and en5 suring free and fair elections, freedom of expression, and

6 the independence of the media, and that a credible inter7 national investigation of the May 31, 2005, shootings in

8 Andijan is underway with the support of the Government

9 of Uzbekistan: Provided, That for the purposes of this sec10 tion ‘‘assistance’’ shall include excess defense articles.

11 CENTRAL ASIA

12 SEC. 6076. (a) Funds appropriated by this Act may

13 be made available for assistance for the Government of

14 Kazakhstan only if the Secretary of State determines and

15 reports to the Committees on Appropriations that the Gov16 ernment of Kazakhstan has made significant improvements

17 in the protection of human rights during the preceding 6

18 month period.

19 (b) The Secretary of State may waive subsection (a)

20 if he determines and reports to the Committees on Appro21 priations that such a waiver is important to the national

22 security of the United States.

23 (c) Not later than October 1, 2006, the Secretary of

24 State shall submit a report to the Committees on Appro25 priations and the Committee on Foreign Relations of the
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1 Senate and the Committee on International Relations of the

2 House of Representatives describing the following:

3 (1) The defense articles, defense services, and fi4 nancial assistance provided by the United States to

5 the countries of Central Asia during the 6-month pe6 riod ending 30 days prior to submission of such re7 port.

8 (2) The use during such period of defense arti9 cles, defense services, and financial assistance pro10 vided by the United States by units of the armed

11 forces, border guards, or other security forces of such

12 countries.

13 (d) Prior to the initial obligation of assistance for the

14 Government of Kyrgyzstan, the Secretary of State shall sub15 mit a report to the Committees on Appropriations describ16 ing (1) whether the Government of Kyrgyzstan is forcibly

17 returning Uzbeks who have fled violence and political perse18 cution, in violation of the 1951 Geneva Convention relating

19 to the status of refugees, and the Convention Against Tor20 ture and Other Forms of Cruel, Inhuman, or Degrading

21 Treatment; (2) efforts made by the United States to prevent

22 such returns; and (3) the response of the Government of

23 Kyrgyzstan.
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1 (e) For purposes of this section, the term ‘‘countries

2 of Central Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz

3 Republic, Tajikistan, and Turkmenistan.

4 DISABILITY PROGRAMS

5 SEC. 6077. (a) Of the funds appropriated by this Act

6 under the heading ‘‘Economic Support Fund’’, not less than

7 $4,000,000 shall be made available for programs and activi8 ties administered by the United States Agency for Inter9 national Development (USAID) to address the needs and

10 protect the rights of people with disabilities in developing

11 countries, to be allocated as follows—

12 (1) $1,500,000 for United States organizations

13 that specialize in advocacy for people with disabil14 ities, to provide training, technical, and related as15 sistance for foreign nongovernmental organizations

16 that work primarily on behalf of people with disabil17 ities in developing countries; and

18 (2) $2,500,000 for equipment and other assist19 ance for such foreign nongovernmental organizations.

20 (b) Of the funds appropriated under the heading ‘‘Op21 erating Expenses of the United States Agency for Inter22 national Development’’, up to $1,000,000 shall be made

23 available to develop and implement training for staff in

24 overseas USAID missions to promote the full inclusion and

25 equal participation of people with disabilities in developing

26 countries.
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1 (c) The Secretary of State, the Secretary of the Treas2 ury, and the Administrator of USAID shall seek to ensure

3 that, where appropriate, construction projects funded by

4 this Act are accessible to people with disabilities and in

5 compliance with the USAID Policy on Standards for Acces6 sibility for the Disabled, or other similar accessibility

7 standards.

8 (d) Of the funds made available pursuant to subsection

9 (a), not more than 7 percent may be for management, over10 sight and technical support.

11 (e) Not later than 180 days after the date of enactment

12 of this Act, and 180 days thereafter, the Administrator of

13 USAID shall submit a report describing the programs, ac14 tivities, and organizations funded pursuant to this section.

15 ZIMBABWE

16 SEC. 6078. The Secretary of the Treasury shall in17 struct the United States executive director to each inter18 national financial institution to vote against any extension

19 by the respective institution of any loans to the Government

20 of Zimbabwe, except to meet basic human needs or to pro21 mote democracy, unless the Secretary of State determines

22 and certifies to the Committees on Appropriations that the

23 rule of law has been restored in Zimbabwe, including re24 spect for ownership and title to property, freedom of speech

25 and association.
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1 TIBET

2 SEC. 6079. (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 set7 tlement of non-Tibetans into Tibet or facilitate the transfer

8 of ownership of Tibetan land and natural resources to non9 Tibetans; are based on a thorough needs-assessment; foster

10 self-sufficiency of the Tibetan people and respect Tibetan

11 culture and traditions; and are subject to effective moni12 toring.

13 (b) Notwithstanding any other provision of law, not

14 less than $4,000,000 of the funds appropriated by this Act

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

16 made available to nongovernmental organizations to sup17 port activities which preserve cultural traditions and pro18 mote sustainable development and environmental conserva19 tion in Tibetan communities in the Tibetan Autonomous

20 Region and in other Tibetan communities in China, and

21 not less than $250,000 should be made available to the Na22 tional Endowment for Democracy for human rights and de23 mocracy programs relating to Tibet.
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1 DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN

2 THE RUSSIAN FEDERATION

3 SEC. 6080. None of the funds appropriated for assist4 ance under this Act may be made available for the Govern5 ment of the Russian Federation, after 180 days from the

6 date of the enactment of this Act, unless the President deter7 mines and certifies in writing to the Committees on Appro8 priations that the Government of the Russian Federation

9 has implemented no statute, Executive order, regulation or

10 similar government action that would discriminate, or

11 which has as its principal effect discrimination, against re12 ligious groups or religious communities in the Russian Fed13 eration in violation of accepted international agreements

14 on human rights and religious freedoms to which the Rus15 sian Federation is a party.

16 WAR CRIMES IN AFRICA

17 SEC. 6081. (a) The Congress recognizes the important

18 contribution that the democratically elected Government of

19 Nigeria has played in fostering stability in West Africa.

20 (b) The Congress reaffirms its support for the efforts

21 of the International Criminal Tribunal for Rwanda

22 (ICTR) and the Special Court for Sierra Leone (SCSL) to

23 bring to justice individuals responsible for war crimes and

24 crimes against humanity in a timely manner.

25 (c) Funds appropriated by this Act, including funds

26 for debt restructuring, may be made available for assistance
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1 to the central government of a country in which individuals

2 indicted by ICTR and SCSL are credibly alleged to be liv3 ing, if the Secretary of State determines and reports to the

4 Committees on Appropriations that such government is co5 operating with ICTR and SCSL, including the surrender

6 and transfer of indictees in a timely manner: Provided,

7 That this subsection shall not apply to assistance provided

8 under section 551 of the Foreign Assistance Act of 1961 or

9 to project assistance under title III of this Act: Provided

10 further, That the United States shall use its voice and vote

11 in the United Nations Security Council to fully support ef12 forts by ICTR and SCSL to bring to justice individuals

13 indicted by such tribunals in a timely manner.

14 (d) The prohibition in subsection (c) may be waived

15 on a country by country basis if the President determines

16 that doing so is in the national security interest of the

17 United States: Provided, That prior to exercising such

18 waiver authority, the President shall submit a report to the

19 Committees on Appropriations, in classified form if nec20 essary, on: (1) the steps being taken to obtain the coopera21 tion of the government in surrendering the indictee in ques22 tion to SCSL or ICTR; (2) a strategy for bringing the in23 dictee before ICTR or SCSL; and (3) the justification for

24 exercising the waiver authority.
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1 ADMISSION OF REFUGEES

2 SEC. 6082. (a) The Secretary of State shall utilize pri3 vate voluntary organizations with expertise in the protec4 tion needs of refugees in the processing of refugees overseas

5 for admission and resettlement to the United States, and

6 shall utilize such agencies in addition to the United Nations

7 High Commissioner for Refugees in the identification and

8 referral of refugees.

9 (b) The Secretary of State should maintain a system

10 for accepting referrals of appropriate candidates for reset11 tlement from local private, voluntary organizations and

12 work to ensure that particularly vulnerable refugee groups

13 receive special consideration for admission into the United

14 States, including—

15 (1) long-stayers in countries of first asylum;

16 (2) unaccompanied refugee minors;

17 (3) refugees outside traditional camp settings;

18 and

19 (4) refugees in woman-headed households.

20 (c) The Secretary of State shall give special consider21 ation to—

22 (1) refugees of all nationalities who have close

23 family ties to citizens and residents of the United

24 States; and
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1 (2) other groups of refugees who are of special

2 concern to the United States.

3 UNOBLIGATED BALANCES

4 SEC. 6083. The amount appropriated in this Act is

5 hereby reduced by $200,296,000 to reduce unobligated bal6 ances as follows:

7 (1) From ‘‘Diplomatic and Consular Programs’’,

8 $100,296,000.

9 (2) From ‘‘International Narcotics Control and

10 Law Enforcement’’, $100,000,000.

11 SECURITY IN ASIA

12 SEC. 6084. (a) Of the funds appropriated under the

13 heading ‘‘Foreign Military Financing Program’’, not less

14 than the following amounts shall be made available to en15 hance security in Asia, consistent with democratic prin16 ciples and the rule of law—

17 (1) $45,000,000 for assistance for the Phil18 ippines;

19 (2) $1,500,000 for assistance for Indonesia;

20 (3) $1,000,000 for assistance for Bangladesh;

21 (4) $4,000,000 for assistance for Mongolia;

22 (5) $1,500,000 for assistance for Thailand;

23 (6) $1,000,000 for assistance for Sri Lanka;

24 (7) $1,000,000 for assistance for Cambodia;

25 (8) $500,000 for assistance for Fiji; and

26 (9) $250,000 for assistance for Tonga.
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1 (b) In addition to amounts appropriated elsewhere in

2 this Act, $25,000,000 is hereby appropriated for ‘‘Foreign

3 Military Financing Program’’: Provided, That these funds

4 shall be available only to assist the Philippines in address5 ing the critical deficiencies identified in the Joint Defense

6 Assessment of 2003.

7 (c) Funds made available for assistance for Indonesia

8 pursuant to subsection (a) may only be made available for

9 the Indonesian Navy, notwithstanding section 6072 of this

10 Act: Provided, That such funds shall only be made available

11 subject to the regular notification procedures of the Commit12 tees on Appropriations.

13 (d) Funds made available for assistance for Cambodia

14 pursuant to subsection (a) shall be made available notwith15 standing section 6054 of this Act: Provided, That such funds

16 shall only be made available subject to the regular notifica17 tion procedures of the Committees on Appropriations.

18 (e) NEPAL.—

19 (1) The Congress condemns the Maoist

20 insurgency’s atrocities against civilians, including

21 torture, extrajudicial killings, and forced recruitment

22 of children.

23 (2) The Congress recognizes the difficulties the

24 Royal Nepalese Army (RNA) faces in countering the
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1 Maoist threat, but deplores the violations of human

2 rights by the RNA.

3 (3) Funds appropriated under the heading ‘‘For4 eign Military Financing Program’’ may be made

5 available for assistance for Nepal only if the Sec6 retary of State certifies to the Committees on Appro7 priations that the Government of Nepal, including its

8 security forces:

9 (A) has released all political detainees, in10 cluding those detained before February 1, 2005;

11 (B) has restored civil liberties, including

12 due process under law, freedoms of speech, the

13 press and association, and the right of move14 ment;

15 (C) has demonstrated, through dialogue

16 with Nepal’s political parties, a commitment to

17 a clear timetable for the return to multi-party,

18 democratic government consistent with the 1990

19 Nepalese Constitution;

20 (D) is ensuring that the Commission for In21 vestigation of Abuse of Authority is receiving

22 adequate support to effectively implement its

23 anti-corruption mandate and that no other anti24 corruption body is functioning in violation of
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1 the 1990 Nepalese Constitution or international

2 standards of due process;

3 (E) has determined the number of and is

4 complying with habeas corpus orders issued by

5 Nepal’s Supreme Court and appellate courts, in6 cluding all outstanding orders, and the security

7 forces are respecting these orders;

8 (F) is restoring the independence of the Na9 tional Human Rights Commission of Nepal

10 (NHRC) in accordance with constitutional pro11 visions, including providing adequate funding

12 and staff;

13 (G) is granting civilian prosecutors and ju14 dicial authorities, the NHRC, the Office of the

15 United Nations High Commissioner for Human

16 Rights in Nepal, and international humani17 tarian organizations, unannounced and

18 unimpeded access to all detainees, witnesses, rel19 evant documents, and other requested informa20 tion, and is cooperating with these entities to

21 identify and resolve all security related cases in22 volving persons in government custody; and

23 (H) is taking effective steps to (i) ensure

24 that Nepalese security forces comply with the Ge25 neva Convention on Law of Land Warfare; (ii)
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1 end torture, extrajudicial killings, and other

2 gross violations of human rights; and (iii) pros3 ecute and punish, in a manner proportional to

4 the crime, members of such forces who are re5 sponsible for such violations.

6 (4) The Secretary of State may waive the re7 quirements of paragraph (3) if the Secretary certifies

8 to the Committees on Appropriations that to do so is

9 in the national security interests of the United States.

10 UNITED NATIONS DEVELOPMENT PROGRAM IN BURMA

11 SEC. 6085. (a) Notwithstanding any other provision

12 of law, of the funds appropriated in any title of this Act,

13 an amount equal to the amount the United Nations Devel14 opment Program will spend in Burma (including all pro15 grams and activities administered by the United Nations

16 Development Program) shall be withheld until the Secretary

17 of State determines and reports to the Committees on Ap18 propriations that all programs and activities of the United

19 Nations Development Program (including all programs and

20 activities administered by the United Nations Development

21 Program) in Burma—

22 (1) are undertaken only through international or

23 private voluntary organizations that the Secretary of

24 State deems independent of the State Peace and De25 velopment Council (SPDC);
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1 (2) provide no financial, political, or military

2 benefit, including the provision of goods, services, or

3 per diems, to the SPDC or any agency or entity of,

4 or affiliated with, the SPDC (including the Myanmar

5 Maternal and Child Welfare Association, the

6 Myanmar Council of Churches, the Myanmar Medical

7 Association, the Myanmar Women Affairs Federation,

8 and the Union of Solidarity Development Associa9 tion); and

10 (3) are carried out only after consultation with

11 the leadership of the National League for Democracy.

12 (b) Not later than 180 days after the date of enactment

13 of this Act, the Secretary of State shall submit to the Com14 mittees on Appropriations a report detailing all programs

15 and activities of the United Nations Development Program

16 (including all programs and activities administered by the

17 United Nations Development Programs) in Burma and all

18 recipients and subrecipients of funds provided under such

19 programs and activities.

20 DEMOCRACY EXCEPTION

21 SEC. 6086. Funds appropriated for fiscal year 2005

22 under the headings ‘‘Economic Support Fund’’ and ‘‘Inter23 national Military Education and Training’’ may be made

24 available for democracy and rule of law programs and ac25 tivities, notwithstanding the provisions of section 574 of Di26 vision D of Public Law 108–447.
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1 UNIVERSITY PROGRAMS

2 SEC. 6087. Of the funds appropriated by title III of

3 this Act, not less than $40,000,000 shall be made available

4 to the Office of the Higher Education Community Liaison

5 in the Bureau for Economic Growth, Agriculture and Trade

6 of the United States Agency for International Development

7 and used for projects and activities of United States-based

8 colleges and universities: Provided, That these funds shall

9 be in addition to funds otherwise available under this Act

10 for such programs.

11 RESCISSION

12 SEC. 6088. Of the unobligated balances available under

13 the heading ‘‘United States-Canada Alaska Rail Commis14 sion Salaries and Expenses’’ in prior Acts making appro15 priations for the Departments of Commerce, Justice and

16 State, the Judiciary and related agencies, $2,000,000 is re17 scinded.

18 COOPERATION WITH CUBA ON COUNTER-NARCOTICS

19 MATTERS

20 SEC. 6089. (a) Subject to subsection (b), of the funds

21 appropriated under the heading ‘‘International Narcotics

22 Control and Law Enforcement’’, $5,000,000 should be made

23 available for the purposes of preliminary work by the De24 partment of State, or such other entity as the Secretary of

25 State may designate, to establish cooperation with appro26 priate agencies of the Government of Cuba on counter-nar-
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1 cotics matters, including matters relating to cooperation,

2 coordination, and mutual assistance in the interdiction of

3 illicit drugs being transported through Cuba airspace or

4 over Cuba waters.

5 (b) The amount in subsection (a) shall not be available

6 if the President certifies that—

7 (1) Cuba does not have in place appropriate pro8 cedures to protect against the loss of innocent life in

9 the air and on the ground in connection with the

10 interdiction of illegal drugs; and

11 (2) there is evidence of involvement of the Gov12 ernment of Cuba in drug trafficking.

13 FRANCOPHONE COUNTRIES

14 SEC. 6090. Of the funds appropriated by title III of

15 this Act, not less than $5,000,000 shall be made available

16 for English language training programs for Vietnam, Cam17 bodia, Laos, Mali, Cote D’Ivoire, Senegal, and other

18 Francophone countries.

19 TRANSFER OF FUNDS

20 SEC. 6091. Of the funds appropriated in this Act

21 under the heading ‘‘Andean Counterdrug Initiative’’, up to

22 $40,000,000 shall be made available for security assistance

23 and nonproliferation activities in the Western Hemisphere:

24 Provided, That of this amount, up to $10,000,000 shall be

25 transferred to ‘‘Nonproliferation, Anti-Terrorism,

26 Demining and Related Programs’’ for the destruction of
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1 man portable air defense systems, small arms, and light

2 weapons: Provided further, That up to $30,000,000 shall

3 be transferred to ‘‘Foreign Military Financing Program’’

4 for military and security assistance to coalition partners

5 in Iraq and Afghanistan.

6 ORGANIZED CRIME AND CORRUPTION IN CENTRAL AMERICA

7 SEC. 6092. (a) In addition to the amounts requested

8 under the heading ‘‘Economic Support Fund’’ for assistance

9 for Guatemala and Nicaragua in fiscal year 2006, not less

10 than $5,000,000 should be made available for programs and

11 activities to strengthen the Guatemalan Government’s capa12 bilities to combat organized crime and corruption, and not

13 less than $5,000,000 should be made available for media

14 and civil society programs and activities to combat corrup15 tion and strengthen democracy in Nicaragua.

16 (b) Funds made available pursuant to this section

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

18 notification procedures of, the Committees on Appropria19 tions.

20 IRAQ

21 SEC. 6093. (a) Of the funds available under the head22 ing ‘‘Economic Support Fund’’ for assistance for Iraq, not

23 less than $10,000,000, to remain available until September

24 30, 2007, shall be transferred to and merged with funds ap25 propriated under the heading ‘‘Iraqi Relief and Reconstruc26 tion Fund’’ in chapter 2 of title II of P.L. 108–106 and
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1 shall be made available for the Marla Ruzicka Iraqi War

2 Victims Fund.

3 (b) Of the funds available under the heading ‘‘Eco4 nomic Support Fund’’ for assistance for Iraq, not less than

5 $1,000,000 shall be made available for programs and activi6 ties to strengthen the capacity of the Government of Iraq

7 to transparently manage its revenues, including oil reve8 nues, in accordance with international best practices.

9 NEGLECTED DISEASES

10 SEC. 6094. Of the funds appropriated under the head11 ing ‘‘Child Survival and Health Programs Fund’’, not less

12 than $30,000,000 shall be made available to establish an

13 Integrated Multi-Disease Control (‘‘IMDC’’) Initiative to

14 demonstrate the health and economic benefits of an inte15 grated response to the control of neglected diseases including

16 intestinal parasites, schistosomiasis, lymphatic filariasis,

17 onchocerciasis, trachoma and leprosy: Provided, That the

18 Administrator of the United States Agency for Inter19 national Development, in consultation with the Secretary

20 of State, should identify an appropriate multilateral mech21 anism to carry out this purpose and maximize the leverage

22 of the United States contribution with those of other donors:

23 Provided further, That the IMDC Initiative should operate

24 under the oversight of an Advisory Board to include rep25 resentatives from the relevant international technical non26 governmental organizations addressing the specific diseases,
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1 recipient countries, donor countries, the private sector,

2 UNICEF and the World Health Organization: Provided

3 further, That the Advisory Board should be authorized to

4 make programmatic decisions and evaluate the effectiveness

5 of programs: Provided further, That funds made available

6 pursuant to this section shall be subject to the regular notifi7 cation procedures of the Committees on Appropriations.

8 ORPHANS, DISPLACED AND ABANDONED CHILDREN

9 SEC. 6095. Of the funds appropriated under title III

10 of this Act, not less than $3,000,000 shall be made available

11 for pilot projects to improve the capacity of foreign govern12 ment agencies and nongovernmental organizations to pre13 vent abandonment, address the needs of orphans, displaced

14 and abandoned children and provide permanent homes

15 through family reunification, guardianship and domestic

16 adoptions.

17 FORENSIC ASSISTANCE

18 SEC. 6096. Of the funds appropriated under title III

19 of this Act, not less than $3,000,000 shall be made available

20 through the Bureau of Democracy, Human Rights and

21 Labor, Department of State, to support investigations, in22 cluding DNA analysis, in cases of extrajudicial killings and

23 child disappearances in Central and South America: Pro24 vided, That funds appropriated under this section are in

25 addition to funds otherwise made available for such pur26 poses.
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1 COORDINATOR FOR INDIGENOUS PEOPLES ISSUES

2 SEC. 6097. (a) After consultation with the Committees

3 on Appropriations and not later than 90 days after enact4 ment of this Act, the Administrator of the United States

5 Agency for International Development shall designate a

6 ‘‘Coordinator for Indigenous Peoples Issues’’ whose respon7 sibilities shall include the following—

8 (1) consulting with representatives of indigenous

9 peoples organizations;

10 (2) ensuring that the rights and needs of indige11 nous peoples are effectively addressed in United

12 States Agency for International Development policies,

13 programs and activities;

14 (3) monitoring the design and implementation of

15 United States Agency for International Development

16 policies, programs and activities which directly or in17 directly affect indigenous peoples; and

18 (4) coordinating with other Federal agencies on

19 relevant issues relating to indigenous peoples.

20 REPROGRAMMING OF FUNDS

21 SEC. 6098. (a) None of the funds provided under title

22 I of this Act, or provided under previous appropriations

23 Acts to accounts under such title that remain available for

24 obligation or expenditure in fiscal year 2006, or provided

25 from any accounts in the Treasury of the United States

26 derived by the collection of fees available to the agencies
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1 funded by such title, shall be available for obligation or ex2 penditure through a reprogramming of funds that: (1) cre3 ates new programs; (2) eliminates a program, project, or

4 activity; (3) increases funds or personnel by any means for

5 any project or activity for which funds have been denied

6 or restricted; (4) relocates an office or employees; (5) reorga7 nizes or renames offices; (6) reorganizes, programs or ac8 tivities; or (7) contracts out or privatizes any functions or

9 activities presently performed by Federal employees; unless

10 the Appropriations Committees of both Houses of Congress

11 are notified 15 days in advance of such reprogramming of

12 funds.

13 (b) None of the funds provided under title I of this

14 Act, or provided under previous appropriations Acts to ac15 counts under such title that remain available for obligation

16 or expenditure in fiscal year 2006, or provided from any

17 accounts in the Treasury of the United States derived by

18 the collection of fees available to the agencies funded by such

19 title, shall be available for obligation or expenditure for ac20 tivities, programs, or projects through a reprogramming of

21 funds in excess of $750,000 or 10 percent, whichever is less,

22 that: (1) augments existing programs, projects, or activities;

23 (2) reduces by 10 percent funding for any existing program,

24 project, or activity, or numbers of personnel by 10 percent

25 as approved by Congress; or (3) results from any general
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1 savings, including savings from a reduction in personnel,

2 which would result in a change in existing programs, ac3 tivities, or projects as approved by Congress; unless the Ap4 propriations Committees of both Houses of Congress are no5 tified 15 days in advance of such reprogramming of funds.

6 PEACEKEEPING MISSIONS

7 SEC. 6099. None of the funds made available by this

8 Act may be used for any United Nations undertaking when

9 it is made known to the Federal official having authority

10 to obligate or expend such funds that: (1) the United Na11 tions undertaking is a peacekeeping mission; (2) such un12 dertaking will involve United States Armed Forces under

13 the command or operational control of a foreign national;

14 and (3) the President’s military advisors have not sub15 mitted to the President a recommendation that such in16 volvement is in the national security interests of the United

17 States and the President has not submitted to the Congress

18 such a recommendation.

19 UNOBLIGATED BALANCES REPORT

20 SEC. 6100. Any Department or Agency to which funds

21 are appropriated in this Act shall provide to the Commit22 tees on Appropriations a quarterly accounting of the cumu23 lative balances of any unobligated funds that were received

24 by such agency during any previous fiscal year.
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1 RESTRICTIONS ON UNITED NATIONS DELEGATIONS

2 SEC. 6101. None of the funds made available in title

3 I of this Act may be used to pay expenses for any United

4 States delegation to any specialized agency, body, or com5 mission of the United Nations if such commission is chaired

6 or presided over by a country, the government of which the

7 Secretary of State has determined, for purposes of section

8 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C.

9 App. 2405(j)(1)), has provided support for acts of inter10 national terrorism.

11 EMBASSY CONSTRUCTION

12 SEC. 6102. (a) Except as provided in subsection (b),

13 a project to construct a diplomatic facility of the United

14 States may not include office space or other accommoda15 tions for an employee of a Federal agency or department

16 if the Secretary of State determines that such department

17 or agency has not provided to the Department of State the

18 full amount of funding required by subsection (e) of section

19 604 of the Secure Embassy Construction and

20 Counterterrorism Act of 1999 (as enacted into law by sec21 tion 1000(a)(7) of Public Law 106–113 and contained in

22 appendix G of that Act; 113 Stat. 1501A–453), as amended

23 by section 629 of the Departments of Commerce, Justice,

24 and State, the Judiciary, and Related Agencies Appropria25 tions Act, 2005.
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1 (b) Notwithstanding the prohibition in subsection (a),

2 a project to construct a diplomatic facility of the United

3 States may include office space or other accommodations

4 for members of the Marine Corps.

5 ALLOWANCES AND DIFFERENTIALS

6 SEC. 6103. Funds appropriated under title I of this

7 Act shall be available, except as otherwise provided, for al8 lowances and differentials as authorized by subchapter 59

9 of title 5, United States Code; for services as authorized by

10 5 U.S.C. 3109; and for hire of passenger transportation

11 pursuant to 31 U.S.C. 1343(b).

12 TRANSFER AUTHORITY

13 SEC. 6104. Not to exceed 5 percent of any appropria14 tion made available for the current fiscal year for the De15 partment of State in title I of this Act may be transferred

16 between such appropriations, but no such appropriation,

17 except as otherwise specifically provided, shall be increased

18 by more than 10 percent by any such transfers: Provided,

19 That not to exceed 5 percent of any appropriation made

20 available for the current fiscal year for the Broadcasting

21 Board of Governors in this Act may be transferred between

22 such appropriations, but no such appropriation, except as

23 otherwise specifically provided, shall be increased by more

24 than 10 percent by any such transfers: Provided further,

25 That any transfer pursuant to this section shall be treated

26 as a reprogramming of funds under section 6088 of this
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1 Act and shall not be available for obligation or expenditure

2 except in compliance with the procedures set forth in that

3 section.

4 UNITED STATES CITIZENS BORN IN JERUSALEM

5 SEC. 6105. For the purposes of registration of birth,

6 certification of nationality, or issuance of a passport of a

7 United States citizen born in the city of Jerusalem, the Sec8 retary of State shall, upon request of the citizen, record the

9 place of birth as Israel.

10 SENIOR POLICY OPERATING GROUP

11 SEC. 6106. (a) The Senior Policy Operating Group on

12 Trafficking in Persons, established under section 406 of di13 vision B of Public Law 108–7 to coordinate agency activi14 ties regarding policies (including grants and grant policies)

15 involving the international trafficking in persons, shall co16 ordinate all such policies related to the activities of traf17 fickers and victims of severe forms of trafficking.

18 (b) None of the funds provided in this or any other

19 Act shall be expended to perform functions that duplicate

20 coordinating responsibilities of the Operating Group.

21 (c) The Operating Group shall continue to report only

22 to the authorities that appointed them pursuant to section

23 406 of division B of Public Law 108–7.

24 STATE DEPARTMENT AUTHORITIES

25 SEC. 6107. Funds appropriated under title I of this

26 Act for the Broadcasting Board of Governors and the De-
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1 partment of State may be obligated and expended notwith2 standing section 15 of the State Department Basic Authori3 ties Act of 1956, section 313 of the Foreign Relations Au4 thorization Act, Fiscal Years 1994 and 1995 (Public Law

5 103–236), and section 504(a)(1) of the National Security

6 Act of 1947 (50 U.S.C. 414(a)(1)).

7 REPORT ON INDONESIAN COOPERATION

8 SEC. 6108. Funds available under the heading ‘‘Inter9 national Military Education and Training’’ may only be

10 made available for assistance for Indonesia if the Secretary

11 of State submits a report to the Committees on Appropria12 tions that describes—

13 (1) the status of the investigation of the murders

14 of two United States citizens and one Indonesian cit15 izen that occurred on August 31, 2002 in Timika, In16 donesia, the status of any individuals indicted within

17 the United States or Indonesia for crimes relating to

18 those murders, and the status of judicial proceedings

19 relating to those murders;

20 (2) the efforts by the Government of Indonesia to

21 arrest individuals indicted for crimes relating to those

22 murders and any other actions taken by the Govern23 ment of Indonesia, including the Indonesian judici24 ary, police and Armed Forces, to bring the individ25 uals responsible for those murders to justice; and,
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1 (3) the cooperation provided by the Government

2 of Indonesia, including the Indonesian judiciary, po3 lice and Armed Forces, to requests related to those

4 murders made by the Secretary of State or the Direc5 tor of the Federal Bureau of Investigation.

6 WEST PAPUA REPORT

7 SEC. 6109. Not later than 90 days after enactment of

8 this Act, the Secretary of State shall submit a report to

9 the Committee on Appropriations, describing—

10 (1) the approximate number of Indonesian

11 troops in West Papua including trends in the number

12 and deployment of security forces, the approximate

13 number of armed separatists, and progress toward a

14 political settlement of the conflict there including ini15 tiatives from Papuan civil society such as the ‘‘land

16 of peace’’ proposal;

17 (2) current humanitarian and human rights

18 conditions in West Papua, including access for inter19 national and domestic humanitarian and human

20 rights groups and the media;

21 (3) the extent to which international funding for

22 reconstruction in Aceh is being contracted or subcon23 tracted to firms controlled by or affiliated with the

24 Indonesian military, and the involvement of Acehnese

25 local and provincial government and civil society in
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1 planning and decision-making in reconstruction ef2 forts;

3 (4) human rights conditions in Aceh, the approx4 imate number of Indonesian troops in Aceh including

5 trends in the number and deployment of security

6 forces, and efforts by the United States Government to

7 promote a political settlement of the conflict; and

8 (5) activities of militia, including jihadist-ori9 ented militia, and the extent to which members of In10 donesia’s security forces support these militia.

11 DEMOBILIZATION OF FOREIGN TERRORIST ORGANIZATIONS

12 SEC. 6110. (a) CERTIFICATION.—Funds appropriated

13 by this Act that are available for assistance for Colombia

14 may not be made available for demobilization/reintegration

15 of any Colombian-based foreign terrorist organization

16 (FTO) or its members, unless it is for limited activities that

17 are determined by the Justice Department to be consistent

18 with United States anti-terrorism laws, and the Secretary

19 of State certifies to the Committees on Appropriations that:

20 (1) The Government of Colombia has not adopted

21 any law or policy that is inconsistent with its obliga22 tions under the United States-Colombian treaty on

23 extradition, and has continued to extradite Colom24 bian citizens to the United States, including members

25 and former members of such FTO’s, in accordance

26 with that treaty;
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1 (2) The Colombian legal framework governing

2 the demobilization/reintegration of such FTO or its

3 members:

4 (A) provides for effective investigation, pros5 ecution and punishment, in proportion to the

6 crimes committed, of gross violations of humani7 tarian law and drug trafficking committed by

8 members of such FTO’s;

9 (B) conditions sentence reductions for each

10 member of such FTO on a full and truthful con11 fession of his involvement in criminal activity;

12 full disclosure of his knowledge of the FTO’s

13 structure, financing sources, and illegal assets;

14 and turnover of the totality of his illegal assets;

15 (C) conditions sentence reductions for each

16 commander of such FTO on a cessation of illegal

17 activity by the troops under his command and

18 on the group’s turnover of the totality of its ille19 gal assets; and

20 (D) provides that members of such FTO will

21 lose all sentence reductions under the law if they

22 are subsequently found to have withheld illegal

23 assets, lied to the authorities about their crimi24 nal activities in the group, rejoined the same or
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1 another FTO, or engaged in new illegal activi2 ties.

3 (3) An inter-agency working group consisting of

4 representatives from the Drug Enforcement Adminis5 tration, the Department of Justice, and the Depart6 ments of State and Defense has consulted with local

7 and national Colombian law enforcement and mili8 tary authorities, representatives from the Office of the

9 United Nations High Commissioner for Human

10 Rights in Colombia, and representatives of Colombian

11 civil society organizations, and has independently

12 concluded in a detailed report submitted to the Com13 mittees on Appropriations, based on the best informa14 tion available to the interagency working group, that:

15 (A) the FTO is not violating any ceasefire

16 and has ceased illegal activities, including narco17 trafficking, extortion, and violations of inter18 national humanitarian law;

19 (B) the FTO’s criminal and financial struc20 ture is being destroyed and the FTO, or any

21 part thereof, is not regrouping to continue illegal

22 activities;

23 (C) the Government of Colombia is con24 ducting effective investigations and prosecutions

25 of the commanders of the FTO’s for crimes, in-
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1 cluding violations of international humanitarian

2 law, attributable to them, and, when appro3 priate, extraditing them to the United States;

4 (D) the Government of Colombia is aggres5 sively implementing an effective procedure to lo6 cate and confiscate illegal assets, held directly or

7 through third parties, by the FTO and its mem8 bers, such as land, laboratories, and other assets

9 used for the cultivation, processing, and trans10 portation of illegal narcotics; and

11 (E) the Government of Colombia is enforc12 ing FTO ceasefires by barring individuals who

13 are credibly accused of crimes in breach of any

14 such ceasefire from receiving benefits for demobi15 lization.

16 (b) CONSULTATIVE PROCESS.—Prior to issuing any

17 certification under this section, the Secretary of State shall

18 consult with internationally recognized human rights orga19 nizations and the Office of the United Nations High Com20 missioner for Human Rights in Colombia regarding each

21 of the conditions specified in this section.

22 (c) DEFINITIONS.—In this section:

23 (1) ILLEGAL ASSETS.—The term ‘‘illegal assets’’

24 means any and all assets that FTO’s or their mem-
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1 bers possess either directly or through third parties,

2 and that—

3 (A) were acquired through or as a result of

4 criminal activity; or

5 (B) were in the past or are at present being

6 used for criminal activities, including the pro7 duction, processing, and trafficking of illicit nar8 cotics.

9 (2) COMMANDER.—The term ‘‘commander’’

10 means any person who formally or in practice com11 mands or leads a substantial front or block of an

12 FTO.

13 (3) FOREIGN TERRORIST ORGANIZATION.—The

14 term ‘‘Foreign Terrorist Organization’’ or ‘‘FTO’’

15 means any and all groups that were or are, as of the

16 time of certification, on the Department of State’s list

17 of Foreign Terrorist Organizations, including the

18 United Self-Defense Forces of Colombia (AUC), Revo19 lutionary Armed Forces of Colombia (FARC), and the

20 National Liberation Army (ELN).

21 ASSISTANCE FOR FOREIGN NONGOVERNMENTAL

22 ORGANIZATIONS

23 SEC. 6111. Notwithstanding any other provision of

24 law, regulation, or policy, in determining eligibility for as25 sistance authorized under part I of the Foreign Assistance
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1 Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovern2 mental organizations—

3 (1) shall not be ineligible for such assistance sole4 ly on the basis of health or medical services including

5 counseling and referral services, provided by such or6 ganizations with non-United States Government

7 funds if such services do not violate the laws of the

8 country in which they are being provided and would

9 not violate United States Federal law if provided in

10 the United States; and

11 (2) shall not be subject to requirements relating

12 to the use of non-United States Government funds for

13 advocacy and lobbying activities other than those that

14 apply to United States nongovernmental organiza15 tions receiving assistance under part I of such Act.

16 STATEMENT

17 SEC. 6112. (a) Funds provided in this Act for the fol18 lowing accounts shall be made available for programs and

19 countries in the amounts contained in the respective tables

20 included in the report accompanying this Act:

21 ‘‘International Fisheries Commission’’.

22 ‘‘International Broadcasting Operations’’.

23 ‘‘Broadcasting Capital Improvements’’.

24 ‘‘Assistance for Eastern Europe and the Baltic

25 States’’.
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1 ‘‘Assistance for the Independent States of the

2 Former Soviet Union’’.

3 ‘‘Global HIV/AIDS Initiative’’.

4 ‘‘Foreign Military Financing Program’’.

5 ‘‘International Organizations and Programs’’.

6 (b) Any proposed increases or decreases to the amounts

7 contained in such tables in the accompanying report shall

8 be subject to the regular notification procedures of the Com9 mittees on Appropriations and section 634A of the Foreign

10 Assistance Act of 1961.

11 UNITED STATES ADVISORY COMMISSION ON PUBLIC

12 DIPLOMACY

13 SEC. 6113. Section 1334 of the Foreign Affairs Reform

14 and Restructuring Act of 1998 (22 U.S.C. 6553) is amended

15 by striking ‘‘October 1, 2005’’ and inserting ‘‘October 1,

16 2006’’.

17 ABUSIVE CHILD LABOR PRACTICES IN COCOA INDUSTRY

18 SEC. 6114. (a) The Senate makes the following find19 ings:

20 (1) The plight of hundreds of thousands of child

21 slaves toiling in cocoa plantations in West Africa was

22 reported in a series by Knight Ridder newspapers in

23 June 2001. (global)

24 (2) The report found that some of these children

25 are sold or tricked into slavery. Most of them are be-
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1 tween the ages of 12 and 16 and some are as young

2 as 9 years old.

3 (3) There are 1,500,000 farms in West Africa

4 that produce approximately 72 percent of the total

5 global supply of cocoa, with Cote d’Ivoire and Ghana

6 producing about 62 percent and 22 percent, respec7 tively, of the total cocoa production in Africa. Other

8 key producers are Indonesia, Nigeria, Cameroon, and

9 Brazil.

10 (4) United States consumers purchase over

11 $13,000,000,000 in chocolate products annually.

12 (5) On September 19, 2001, representatives of the

13 chocolate industry signed a voluntary Protocol for the

14 Growing and Processing of Cocoa Beans and their

15 Derivative Products in a Manner that Complies with

16 ILO Convention 182 Concerning the Prohibition and

17 Immediate Action for the Elimination of the Worst

18 Forms of Child Labor.

19 (6) The Protocol outlines 6 steps the industry

20 formally agreed to undertake to end abusive and

21 forced child labor on cocoa farms by July 2005.

22 (7) A vital step of the Protocol was the develop23 ment and implementation by the industry of a cred24 ible, transparent, and publicly accountable industry25 wide certification system to ensure, by July 1, 2005,
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1 that cocoa beans and their derivative products have

2 not been grown or processed by abusive child labor or

3 slave labor.

4 (8) Since the Protocol was signed, some positive

5 steps have been taken to address the worst forms of

6 child labor and slave labor in cocoa growing, but the

7 July 1, 2005, deadline for creation and implementa8 tion of the certification system was not fully met.

9 (b) It is the sense of the Senate that—

10 (1) the cocoa industry is to be commended, as the

11 Protocol agreement is the first time that an industry

12 has accepted moral, social, and financial responsi13 bility for the production of raw materials, wherever

14 they are produced;

15 (2) the Government of the Republic of Cote

16 d’Ivoire and the Government of the Republic of

17 Ghana should be commended for the tangible steps

18 they have taken to address the situation of child labor

19 in the cocoa sector;

20 (3) even though the cocoa industry did not fully

21 meet the July 1, 2005, deadline for creation and im22 plementation of the labor certification system, it has

23 agreed to redouble its efforts to achieve a certification

24 system that will cover 50 percent of the cocoa growing

25 regions of Cote d’Ivoire and Ghana by July 1, 2008;
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1 (4) the cocoa industry should make every effort

2 to meet this deadline in Cote d’Ivoire and Ghana and

3 expand the certification process to other West African

4 nations and any other country where abusive child

5 labor and slave labor are used in the growing and

6 processing of cocoa;

7 (5) an independent oversight body should be des8 ignated and supported to work with the chocolate in9 dustry, national governments, and nongovernmental

10 organizations on the progress of the development and

11 implementation of the certification system by July 1,

12 2008, through a series of public reports;

13 (6) the governments of West African nations that

14 grow and manufacture cocoa should consider child

15 labor and forced labor issues top priorities;

16 (7) the Office to Monitor and Combat Trafficking

17 in Persons of the Department of State should include

18 information on the association between trafficking in

19 persons and the cocoa industries of Cote d’Ivoire,

20 Ghana, and other cocoa producing regions in the an21 nual report on trafficking in persons that is sub22 mitted to Congress; and

23 (8) the Department of State should assist the

24 Government of Cote d’Ivoire and the Government of
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1 Ghana in preventing the trafficking of persons into

2 the cocoa fields and other industries in West Africa.

3 VIETNAMESE REFUGEES

4 SEC. 6114. Section 594(a) of the Foreign Operations,

5 Export Financing, and Related Programs Appropriations

6 Act, 2005 (enacted as division D of Public Law 108–447;

7 118 Stat. 3038) is amended by striking ‘‘and 2005’’ and

8 inserting ‘‘through 2007’’.

9 COMBATTING PIRACY OF UNITED STATES COPYRIGHTED

10 MATERIALS

11 SEC. 6115. (a) PROGRAM AUTHORIZED.—The Sec12 retary of State may carry out a program of activities to

13 combat piracy in countries that are not members of the Or14 ganization for Economic Cooperation and Development

15 (OECD), including activities as follows:

16 (1) The provision of equipment and training for

17 law enforcement, including in the interpretation of

18 intellectual property laws.

19 (2) The provision of training for judges and

20 prosecutors, including in the interpretation of intel21 lectual property laws.

22 (3) The provision of assistance in complying

23 with obligations under applicable international trea24 ties and agreements on copyright and intellectual

25 property.
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1 (b) CONSULTATION WITH WORLD INTELLECTUAL

2 PROPERTY ORGANIZATION.—In carrying out the program

3 authorized by subsection (a), the Secretary shall, to the

4 maximum extent practicable, consult with and provide as5 sistance to the World Intellectual Property Organization in

6 order to promote the integration of countries described in

7 subsection (a) into the global intellectual property system.

8 (c) FUNDING.—Of the amount appropriated or other9 wise made available under the heading ‘‘INTERNATIONAL

10 NARCOTICS CONTROL AND LAW ENFORCEMENT’’,

11 $5,000,000 may be available in fiscal year 2006 for the pro12 gram authorized by subsection (a).

13 REPORT ON ANTI-RETROVIRAL DRUG PROCUREMENT

14 SEC. 6116. Not later than 180 days after the date of

15 enactment of this Act, the Coordinator of United States

16 Government Activities to Combat HIV/AIDS Globally shall

17 make available to the public a report setting forth the

18 amount of United States funding provided under the au19 thorities of the United States Leadership Against HIV/

20 AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C.

21 7601 et seq.), or under an amendment made to that Act,

22 to procure anti-retroviral drugs in a country described in

23 section 1(f)(2)(B)(VII) of the State Department Basic Au24 thorities Act of 1956 (22 U.S.C. 2651a(f)(2)(B)(VII)). The

25 report shall include a detailed description of the anti26 retroviral drugs procured, including—
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1 (1) the amount expended for generic and for

2 name brand anti-retroviral drugs;

3 (2) the price paid per unit of each such drug;

4 and

5 (3) the vendor from which such drugs were pur6 chased.

7 FORCED REPATRIATION OF REFUGEES IN CAMBODIA

8 SEC. 6117. It is the sense of the Senate that—

9 (1) the United States Government is deeply con10 cerned with reports of the planned repatriation to

11 Vietnam of 107 Montagnard refugees by the Govern12 ment of Cambodia;

13 (2) the United States Government strongly con14 demns any forcible repatriation of refugees by the

15 Government of Cambodia; and

16 (3) these refugees should be provided unob17 structed legal assistance from an independent organi18 zation in connection with their appeals for fair re19 view of their refugee claims, and all such claims

20 should be credibly and thoroughly reviewed by the Of21 fice of the United Nations High Commissioner for

22 Refugees in Geneva.

23 TRANSFER OF FUNDS

24 SEC. 6118. Of the funds appropriated in title III for

25 Other Bilateral Economic Assistance under the heading

26 ‘‘ECONOMIC SUPPORT FUND’’, $100,000,000 shall be trans-
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1 ferred to and merged with funds made available in title

2 III for the United States Agency for International Develop3 ment for a United States contribution to the Global Fund

4 to Fight AIDS, Tuberculosis and Malaria under the head5 ing ‘‘CHILD SURVIVAL AND HEALTH PROGRAMS FUND’’. The

6 funds made available for contribution to the Global Fund

7 to Fight AIDS, Tuberculosis and Malaria in this section

8 shall not be available for obligation prior to September 30,

9 2006.

10 TRANSFER OF FUNDS

11 SEC. 6119. Of the funds appropriated in title III

12 under the heading ‘‘CONFLICT RESPONSE FUND’’,

13 $50,000,000 shall be transferred to, and merged with, the

14 funds appropriated in title IV under the heading ‘‘FOREIGN

15 MILITARY FINANCING PROGRAM’’ and made available to pro16 vide assistance to support the African Union Mission in

17 Sudan.

18 SUPPORT FOR DEMOCRACY AND GOVERNANCE ACTIVITIES

19 IN ZIMBABWE

20 SEC. 6120. Of the funds appropriated under the head21 ing ‘‘Economic Support Fund’’, not less than $4,000,000

22 should be made available to support democracy and govern23 ance activities in Zimbabwe consistent with the provisions

24 of the Zimbabwe Democracy and Economic Recovery Act

25 of 2001 (Public Law 107–99; 22 U.S.C. 2151 note).
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1 VENEZUELA

2 SEC. 6121. Of the funds appropriated under the head3 ing ‘‘ECONOMIC SUPPORT FUND’’ up to $2,000,000 should

4 be used for democracy programs in Venezuela administered

5 through grants by the National Endowment for Democracy.

6 SEC. 6122. It is the sense of the Senate that the amount

7 of any loan for the renovation of the United Nations head8 quarters building located in New York, New York, should

9 not exceed $600,000,000: Provided, That if any loan exceeds

10 $600,000,000, the Secretary of State shall notify the Con11 gress of the current cost of the renovation and cost contain12 ment measures.

13 EXPORT-IMPORT BANK

14 SEC. 6123. None of the funds made available in this

15 Act may be used by the Export-Import Bank of the United

16 States to approve or administer a loan, guarantee, or insur17 ance policy, or an application for a loan, guarantee, or in18 surance policy, for the development, or for the increase in

19 capacity, of an ethanol dehydration plant in Trinidad and

20 Tobago.

21 SEC. 6124. None of the funds made available in this

22 Act may be used to send or otherwise pay for the attendance

23 of more than 50 employees of a Federal department or agen24 cy at any single conference occurring outside the United

25 States, unless the Secretary of State determines that such

26 attendance is in the national interest.
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1 MALARIA

2 SEC. 6125. Of the funds appropriated under the head3 ing ‘‘Child Survival and Health Programs Fund’’, not less

4 than $105,000,000 should be made available for programs

5 and activities to combat malaria: Provided, That such

6 funds should be made available in accordance with best

7 public health practices, and considerable support should be

8 provided for the purchase of commodities and equipment

9 including: (1) insecticides for indoor residual spraying that

10 are proven to reduce the transmission of malaria; (2) phar11 maceuticals that are proven effective treatments to combat

12 malaria; (3) long-lasting insecticide-treated nets used to

13 combat malaria; and (4) other activities to strengthen the

14 public health capacity of malaria-affected countries: Pro15 vided further, That no later than 90 days after the date

16 of enactment of this Act, and every 90 days thereafter until

17 September 30, 2006, the Administrator of the United States

18 Agency for International Development shall submit to the

19 Committees on Appropriations a report describing in detail

20 expenditures to combat malaria during fiscal year 2006.

21 REPORT ON SMALL ARMS PROGRAMS

22 SEC. 6126. Not later than 180 days after the date of

23 enactment of this Act, the Secretary of State shall submit

24 to the Committee on Foreign Relations and the Committee

25 on Appropriations of the Senate and the Committee on
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1 International Relations and the Committee on Appropria2 tions of the House of Representatives a report—

3 (1) describing the activities undertaken, and the

4 progress made, by the Department of State or other

5 agencies and entities of the United States Government

6 to encourage other states to cooperate in programs on

7 the stockpile management, security, and destruction of

8 small arms and light weapons;

9 (2) listing each state that refuses to cooperate in

10 programs on the stockpile management, security, and

11 destruction of small arms and light weapons; and

12 (3) recommending incentives and penalties that

13 may be used by the United States Government to en14 courage states to comply with programs on the stock15 pile management, security, and destruction of small

16 arms and light weapons.

17 DEMOCRACY PROGRAMS IN IRAQ

18 SEC. 6127. Of the amount appropriated under the

19 heading ‘‘ECONOMIC SUPPORT FUND’’—

20 (1) $28,000,000 should be made available for fis21 cal year 2006 to the International Republican Insti22 tute to support, in consultation with the Bureau of

23 Democracy, Human Rights, and Labor of the Depart24 ment of State, democracy building programs in Iraq

25 in the areas of governance, elections, political parties,

26 civil society, and women’s rights; and
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1 (2) $28,000,000 should be made available for fis2 cal year 2006 to the National Democratic Institute to

3 support, in consultation with the Bureau of Democ4 racy, Human Rights, and Labor of the Department

5 of State, democracy building programs in Iraq in the

6 areas of governance, elections, political parties, civil

7 society, and women’s rights.

8 ORPHANS, DISPLACED AND ABANDONED CHILDREN

9 SEC. 6128. (a) The Senate—

10 (1) reaffirms its commitment to the founding

11 principle of the Hague Convention on Protection of

12 Children and Co-Operation in Respect of Inter13 country Adoption, that a child, for the full and har14 monious development of the child’s personality, should

15 grow up in a family environment, in an atmosphere

16 of happiness, love, and understanding;

17 (2) recognizes that each State should take, as a

18 matter of priority, every appropriate measure to en19 able a child to remain in the care of the child’s family

20 of origin, but when not possible should strive to place

21 the child in a permanent and loving home through

22 adoption;

23 (3) affirms that intercountry adoption may offer

24 the advantage of a permanent family to a child for

25 whom a family cannot be found in the child’s State

26 of origin;
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1 (4) affirms that long-term foster care or institu2 tionalization are not permanent options and should

3 therefore only be used when no other permanent op4 tions are available; and

5 (5) recognizes that programs that protect and

6 support families can reduce the abandonment and ex7 ploitation of children.

8 (b) The funds appropriated under title III of this Act

9 shall be made available in a manner consistent with the

10 principles described in subsection (a).

11 GOVERNMENTS THAT HAVE FAILED TO PERMIT CERTAIN

12 EXTRADITIONS

13 SEC. 6129. None of the funds made available in this

14 Act for the Department of State, other than funds made

15 available in title III under the heading ‘‘INTERNATIONAL

16 NARCOTICS CONTROL AND LAW ENFORCEMENT’’, may be

17 used to provide assistance to any country whose government

18 has notified the Department of State of its refusal to extra19 dite to the United States an individual, or has not within

20 a reasonable period of time responded to a request for extra21 dition to the United States of an individual, charged with

22 committing a criminal offense in the United States for

23 which the maximum penalty is life imprisonment without

24 the possibility of parole, or a lesser term of imprisonment,

25 regardless of the individual’s citizenship status.
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1 REPORT ON RECIPROCITY

2 SEC. 6130. (a) Notwithstanding any other provision

3 of law, no agency or department of the United States may

4 approve a merger between a United States company and

5 a foreign-owned company or an acquisition of a United

6 State company by a foreign-owned company prior to 30

7 days after the date on which the Secretary of State submits

8 to Congress the report required by subsection (c).

9 (b) In this section:

10 (1) The term ‘‘appropriate congressional com11 mittees’’ means the Committee on Appropriations, the

12 Committee on Armed Services, the Committee on

13 Banking, Housing, and Urban Affairs, and the Select

14 Committee on Intelligence of the Senate and the Com15 mittee on Appropriations, the Committee on Armed

16 Services, the Committee on Financial Services, and

17 the Permanent Select Committee on Intelligence of the

18 House of Representatives.

19 (2) The term ‘‘foreign-owned company’’ means

20 an entity that is owned or controlled by the govern21 ment of a foreign country.

22 (3) The term ‘‘entity’’ means a partnership, as23 sociation, trust, joint venture, corporation, or other

24 organization.

25 (4) The term ‘‘owned or controlled’’ means—
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1 (A) in the case of a corporation, the holding

2 of at least 50 percent (by vote or value) of the

3 capital structure of the corporation; and

4 (B) in the case of any other kind of legal

5 entity, the holding of interests representing at

6 least 50 percent of the capital structure of the en7 tity.

8 (5) The term ‘‘United States company’’ means

9 an entity that has its primary place of business in

10 the United States and that is publicly traded on a

11 United States based stock exchange.

12 (c) The report referred to in subsection (a) is a report

13 submitted to the appropriate congressional committees by

14 the Secretary of State, in consultation with the Secretary

15 of Commerce, on a proposed merger between a United States

16 company and a foreign-owned company or an acquisition

17 of a United State company by a foreign-owned company.

18 Such report shall include an assessment of whether the law

19 and regulations of the government that owns or controls the

20 foreign-owned company would generally permit a United

21 States company in the same industry as the foreign-owned

22 company to purchase, acquire, merge, or otherwise establish

23 a joint relationship with an entity whose primary place

24 of business is located in such foreign country.
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1 OVERSIGHT OF IRAQ RECONSTRUCTION

2 SEC. 6131. (a) Subsection (o) of section 3001 of the

3 Emergency Supplemental Appropriations Act for Defense

4 and for the Reconstruction of Iraq and Afghanistan, 2004

5 (Public Law 108–106; 117 Stat. 1234; 5 U.S.C. App. 3 sec6 tion 8G note), as amended by section 1203(j) of the Ronald

7 W. Reagan National Defense Authorization Act for Fiscal

8 Year 2005 (Public Law 108–375; 118 Stat. 2081), is

9 amended by striking ‘‘obligated’’ and inserting ‘‘expended’’.

10 (b) Of the amount appropriated in chapter 2 of title

11 II of the Emergency Supplemental Appropriations Act for

12 Defense and for the Reconstruction of Iraq and Afghani13 stan, 2004 (Public Law 108–106; 117 Stat. 1224) under

14 the heading ‘‘OTHER BILATERAL ECONOMIC ASSIST15 ANCE’’ and under the subheading ‘‘IRAQ RELIEF AND RE16 CONSTRUCTION FUND’’, $30,000,000 of unobligated funds

17 should be made available during Fiscal Year 2006 only to

18 carry out section 3001 of the Emergency Supplemental Ap19 propriations Act for Defense and for the Reconstruction of

20 Iraq and Afghanistan, 2004 (Public Law 108–106; 117

21 Stat. 1234), as amended by section 1203 of the Ronald W.

22 Reagan National Defense Authorization Act for Fiscal Year

23 2005 (Public Law 108–375; 118 Stat. 2081): Provided,

24 That such amount is designated as an emergency require-
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1 ment pursuant to section 402 of H. Con. Res. 95 (109th

2 Congress).

3 REPORT ON ASSISTANCE TO VICTIMS OF CRIMES IN

4 FOREIGN COUNTRIES

5 SEC. 6132. (a) Not later than 90 days after the date

6 of enactment of this Act, the Secretary of State shall submit

7 to the appropriate congressional committees a report on the

8 services provided to United States citizens who are victims

9 of violent crime while outside the United States. The report

10 shall include—

11 (1) the total number of United States citizens

12 who reported to a United States embassy or consulate

13 that such citizen was a victim of violent crime during

14 fiscal year 2005;

15 (2) a summary of the funding available during

16 fiscal year 2006 through the Department of State to

17 assist United States citizens who are victims of vio18 lent crime while outside the United States;

19 (3) the expenditures made during fiscal year

20 2005 by the United States to assist such United

21 States citizens;

22 (4) a proposal for providing services to such

23 United States citizens who have no other source of

24 funds to obtain such services, including any necessary

25 organizational changes needed to provide such serv26 ices; and
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1 (5) proposals for funding and administering

2 emergency assistance to such United States citizens

3 who have no other source of funds.

4 (b) In this section:

5 (1) The term ‘‘appropriate congressional com6 mittees’’ means the Committee on Appropriations and

7 the Committee on Foreign Relations of the Senate and

8 the Committees on Appropriations and the Committee

9 on International Relations of the House of Represent10 atives.

11 (2) The term ‘‘violent crime’’ means murder,

12 non-negligent manslaughter, forcible rape, robbery, or

13 aggravated assault.

14 RESPONSIBILITIES AND AUTHORITIES OF UNITED STATES15 CHINA ECONOMIC AND SECURITY REVIEW COMMISSION

16 SEC. 6133. (a) MODIFICATION OF RESPONSIBIL17 ITIES.—Notwithstanding any provision of section 1238 of

18 the Floyd D. Spence National Defense Authorization Act

19 for Fiscal Year 2001 (22 U.S.C. 7002), or any other provi20 sion of law, the United States–China Economic and Secu21 rity Review Commission established by subsection (b) of

22 that section should investigate and report exclusively on

23 each of the following areas:

24 (1) PROLIFERATION PRACTICES.—The role of the

25 People’s Republic of China in the proliferation of

26 weapons of mass destruction and other weapons (in-
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1 cluding dual use technologies), including actions the

2 United States might take to encourage the People’s

3 Republic of China to cease such practices.

4 (2) ECONOMIC TRANSFERS.—The qualitative and

5 quantitative nature of the transfer of United States

6 production activities to the People’s Republic of

7 China, including the relocation of high technology,

8 manufacturing, and research and development facili9 ties, the impact of such transfers on United States na10 tional security, the adequacy of United States export

11 control laws, and the effect of such transfers on

12 United States economic security and employment.

13 (3) ENERGY.—The effect of the large and grow14 ing economy of the People’s Republic of China on

15 world energy supplies and the role the United States

16 can play (including through joint research and devel17 opment efforts and technological assistance) in influ18 encing the energy policy of the People’s Republic of

19 China.

20 (4) ACCESS TO UNITED STATES CAPITAL MAR21 KETS.—The extent of access to and use of United

22 States capital markets by the People’s Republic of

23 China, including whether or not existing disclosure

24 and transparency rules are adequate to identify Peo-
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1 ple’s Republic of China companies engaged in harm2 ful activities.

3 (5) REGIONAL ECONOMIC AND SECURITY IM4 PACTS.—The triangular economic and security rela5 tionship among the United States, Taipei, and the

6 People’s Republic of China (including the military

7 modernization and force deployments of the People’s

8 Republic of China aimed at Taipei), the national

9 budget of the People’s Republic of China, and the fis10 cal strength of the People’s Republic of China in rela11 tion to internal instability in the People’s Republic of

12 China and the likelihood of the externalization of

13 problems arising from such internal instability.

14 (6) UNITED STATES-CHINA BILATERAL PRO15 GRAMS.—Science and technology programs, the degree

16 of non-compliance by the People’s Republic of China

17 with agreements between the United States and the

18 People’s Republic of China on prison labor imports

19 and intellectual property rights, and United States

20 enforcement policies with respect to such agreements.

21 (7) WORLD TRADE ORGANIZATION COMPLI22 ANCE.—The compliance of the People’s Republic of

23 China with its accession agreement to the World

24 Trade Organization (WTO).
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1 (b) APPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT.—Subsection (g) of section 1238 of the Floyd

3 D. Spence National Defense Authorization Act for Fiscal

4 Year 2001 is amended to read as follows:

5 ‘‘(g) APPLICABILITY OF FACA.—The provisions of the

6 Federal Advisory Committee Act (5 U.S.C. App.) shall

7 apply to the activities of the Commission.’’.

8 NONPROLIFERATION AND COUNTERPROLIFERATION

9 EFFORTS

10 SEC. 6134. Funds appropriated under title III under

11 the heading ‘‘NONPROLIFERATION, ANTI-TERRORISM,

12 DEMINING AND RELATED PROGRAMS’’ may be made avail13 able to the Under Secretary of State for Arms Control and

14 International Security for use in certain nonproliferation

15 efforts and counterproliferation efforts such as increased

16 voluntary dues to the International Atomic Energy Agency,

17 activities under the Proliferation Security Initiative, and

18 the Cooperative Threat Reduction program, and in support

19 of the National Counter Proliferation Center and its activi20 ties.

21 INTERNATIONAL POLICE TRAINING

22 SEC. 6135. (a) REQUIREMENTS FOR INSTRUCTORS.—

23 Prior to carrying out any program of training for police

24 or security forces through the Bureau that begins after the

25 date that is 180 days after the date of the enactment of

26 this Act, the Secretary of State shall ensure that—
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1 (1) such training is provided by instructors who

2 have proven records of experience in training law en3 forcement or security personnel;

4 (2) the Bureau has established procedures to en5 sure that the individuals who receive such training—

6 (A) do not have a criminal background;

7 (B) are not connected to any criminal or

8 terrorist organization;

9 (C) are not connected to drug traffickers;

10 and

11 (D) meet the minimum age and experience

12 standards set out in appropriate international

13 agreements; and

14 (3) the Bureau has established procedures that—

15 (A) clearly establish the standards an indi16 vidual who will receive such training must meet;

17 (B) clearly establish the training courses

18 that will permit the individual to meet such

19 standards; and

20 (C) provide for certification of an indi21 vidual who meets such standards after receiving

22 such training.

23 (b) ADVISORY BOARD.—The Secretary of State shall

24 seek the advice of experts to advise the Bureau on issues

25 related to cost efficiency and professional efficacy of police
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1 and security training programs, including experts who are

2 experienced United States law enforcement personnel.

3 (c) BUREAU DEFINED.—In this section, the term ‘‘Bu4 reau’’ means the Bureau of International Narcotics and

5 Law Enforcement Affairs of the Department of State.

6 (d) REPORT.—Not later than September 30, 2006, the

7 Secretary of State shall submit to Congress a report describ8 ing the implementation of this section during fiscal year

9 2006. Such report shall also include the attrition rates of

10 the instructors of such training and an assessment of job

11 performance of such instructors.

12 TITLE VII—MULTILATERAL DEVELOPMENT BANK

13 REFORM

14 SEC. 7001. DEFINITIONS. In this title:

15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional commit17 tees’’ means the Committee on Foreign Relations of

18 the Senate and the Committee on Financial Services

19 of the House of Representatives.

20 (2) MULTILATERAL DEVELOPMENT BANK.—The

21 term ‘‘multilateral development bank’’ has the mean22 ing given that term in section 1622 of the Inter23 national Financial Institutions Act (22 U.S.C. 262p24 5).
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1 SEC. 7002. ANTICORRUPTION PROPOSALS AND RE2 PORT. (a) PROPOSALS.—Not later than September 1, 2006,

3 the Secretary of the Treasury shall develop proposals, in4 cluding establishing one or more trusts and a set-aside of

5 loans or grants, to establish a mechanism to assist poor

6 countries in investigations, prosecutions, prevention of

7 fraud and corruption, and other actions regarding fraud

8 and corruption related to a project or program funded by

9 a multilateral development bank.

10 (b) REPORT.—Not later than September 1, 2006, the

11 Secretary shall submit to the appropriate congressional

12 committees a report on the proposals required by subsection

13 (a).

14 SEC. 7003. PROMOTION OF POLICY GOALS AT MULTI15 LATERAL DEVELOPMENT BANKS. Title XV of the Inter16 national Financial Institutions Act (22 U.S.C. 262o et seq.)

17 is amended by adding at the end the following:

18 ‘‘SEC. 1505. PROMOTION OF POLICY GOALS.

19 ‘‘The Secretary of the Treasury shall instruct the

20 United States Executive Director at each multilateral devel21 opment bank to use the voice and vote of the United States

22 to inform each such bank and the executive directors of each

23 such bank of the goals of the United States and to ensure

24 that each such bank accomplishes the goals set out in section

25 1504 of this Act and the following:
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1 ‘‘(1) Requires the bank’s employees, officers, and

2 consultants to make an annual disclosure of financial

3 interests and income of any such person and any

4 other potential source of conflicts of interest.

5 ‘‘(2) Links project and program design and re6 sults to staff performance appraisals, salaries, and bo7 nuses.

8 ‘‘(3) Implements whistleblower and witness pro9 tection matching that afforded by the Sarbanes-Oxley

10 Act of 2002 (15 U.S.C. 7201 et seq.), the Inspector

11 General Act of 1978 (5 U.S.C. App.), and the best

12 practices promoted or required by all international

13 conventions against corruption for internal and law14 ful public disclosures by the bank’s employees and

15 others affected by such bank’s operations of mis16 conduct that undermines the bank’s mission, and for

17 retaliation in connection with such disclosures.

18 ‘‘(4) Implements disclosure programs for firms

19 and individuals participating in projects financed by

20 such bank that are consistent with such programs of

21 the Department of Defense and the Environmental

22 Protection Agency.

23 ‘‘(5) Ensures that all loan, credit, guarantee,

24 and grant documents and other agreements with bor25 rowers include provisions for the financial resources
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1 and conditionality necessary to ensure that a person

2 or country that obtains financial support from a

3 bank complies with applicable bank policies and na4 tional and international laws in carrying out the

5 terms and conditions of such documents and agree6 ments, including bank policies and national and

7 international laws pertaining to the comprehensive

8 assessment and transparency of the activities related

9 to access to information, public health, safety, and en10 vironmental protection.

11 ‘‘(6) Implements clear procedures setting forth

12 the circumstances under which a person will be

13 barred from receiving a loan, contract, grant, or cred14 it from such bank, shall make such procedures avail15 able to the public, and makes the identity of such per16 son available to the public.

17 ‘‘(7) Coordinates policies across international in18 stitutions on issues including debarment, cross-debar19 ment, procurement, and consultant guidelines, and fi20 duciary standards so that a person that is debarred

21 by one such bank is subject to a rebuttable presump22 tion of ineligibility to conduct business with any

23 other such bank during the specified ineligibility pe24 riod.
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1 ‘‘(8) Requires each borrower, grantee, or con2 tractor, and subsidiaries thereof, to sign a contract to

3 comply with a code of conduct that embodies the rel4 evant standards of section 104 of the Foreign Corrupt

5 Practices Act of 1977 (15 U.S.C. 78dd-2) and the

6 international conventions against bribery and corrup7 tion.

8 ‘‘(9) Maintains independent offices of Inspector

9 and Auditor General which report directly to such

10 bank’s board of directors and an audit committee

11 with its own additional experts who are independent

12 of management, or access to such experts, to assist it

13 in ensuring quality control.

14 ‘‘(10) Implements an internationally recognized

15 internal controls framework supported by adequate

16 staffing, supervision, and technical systems, and sub17 ject to external auditor attestations of internal con18 trols, meeting operational objectives, and complying

19 with bank policies.

20 ‘‘(11) Ensures independent forensic audits where

21 fraud or other corruption in such bank or its oper22 ations, projects, or programs is suspected.

23 ‘‘(12) Evaluates publicly, in cooperation with

24 other development bodies, the interim and final re25 sults of project and non-project lending and grants on
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1 the basis of Millennium Development Goals, the goals

2 of the Organisation for Economic Co-operation and

3 Development related to development, and other estab4 lished international development goals.

5 ‘‘(13) Requires that each candidate for adjust6 ment or budget support loans demonstrate trans7 parent budgetary and procurement processes includ8 ing legislative and public scrutiny prior to loan or

9 contract agreement.

10 ‘‘(14) Requires that before approving any nat11 ural resource extraction proposal the affected coun12 tries disclose accurately and audit independently all

13 payments and revenues in connection with such ex14 traction or derived from such extraction.

15 ‘‘(15) Requires each project where compensation

16 is to be provided to persons adversely impacted by the

17 project include impartial and responsive mechanism

18 to receive and resolve complaints.’’.

19 This Act may be cited as the ‘‘Department of State,

20 Foreign Operations, and Related Programs Appropriations

21 Act, 2006’’.

Amend the title so as to read: ‘‘An Act making appropriations for the Department of State, foreign oper-
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ations, and related programs for the fiscal year ending

September 30, 2006, and for other purposes.’’.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION H. R. 3057

AMENDMENTS