IB 

Union Calendar No. 92

109TH CONGRESS 

1ST SESSION H. R. 3057

[Report No. 109–152] 

Making appropriations for foreign operations, export financing, and related 

programs for the fiscal year ending September 30, 2006, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2005

Mr. KOLBE, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL

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

September 30, 2006, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2006, and for other pur6 poses, namely:
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1 TITLE I—EXPORT AND INVESTMENT 

2 ASSISTANCE 

3 EXPORT-IMPORT BANK OF THE UNITED STATES

4 The Export-Import Bank of the United States is au5 thorized to make such expenditures within the limits of 

6 funds and borrowing authority available to such corpora7 tion, and in accordance with law, and to make such con8 tracts and commitments without regard to fiscal year limi9 tations, as provided by section 104 of the Government 

10 Corporation Control Act, as may be necessary in carrying 

11 out the program for the current fiscal year for such cor12 poration: Provided, That none of the funds available dur13 ing the current fiscal year may be used to make expendi14 tures, contracts, or commitments for the export of nuclear 

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

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

17 Treaty on the Non-Proliferation of Nuclear Weapons eligi18 ble to receive economic or military assistance under this 

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

20 of the enactment of this Act: Provided further, That not21 withstanding section 1(c) of Public Law 103–428, as 

22 amended, sections 1(a) and (b) of Public Law 103–428 

23 shall remain in effect through October 1, 2006. 

24 SUBSIDY APPROPRIATION

25 For the cost of direct loans, loan guarantees, insur26 ance, and tied-aid grants as authorized by section 10 of 
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1 the Export-Import Bank Act of 1945, as amended, 

2 $125,000,000, to remain available until September 30, 

3 2009: Provided, That such costs, including the cost of 

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

5 of the Congressional Budget Act of 1974: Provided fur6 ther, That such sums shall remain available until Sep7 tember 30, 2024, for the disbursement of direct loans, 

8 loan guarantees, insurance and tied-aid grants obligated 

9 in fiscal years 2006, 2007, 2008, and 2009: Provided fur10 ther, That none of the funds appropriated by this Act or 

11 any prior Act appropriating funds for foreign operations, 

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

13 or grants may be used for any other purpose except 

14 through the regular notification procedures of the Com15 mittees on Appropriations: Provided further, That funds 

16 appropriated by this paragraph are made available not17 withstanding section 2(b)(2) of the Export-Import Bank 

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

19 any product by any Eastern European country, any Baltic 

20 State or any agency or national thereof. 

21 ADMINISTRATIVE EXPENSES

22 For administrative expenses to carry out the direct 

23 and guaranteed loan and insurance programs, including 

24 hire of passenger motor vehicles and services as authorized 

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

26 reception and representation expenses for members of the 
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1 Board of Directors, $73,200,000: Provided, That the Ex2 port-Import Bank may accept, and use, payment or serv3 ices provided by transaction participants for legal, finan4 cial, or technical services in connection with any trans5 action for which an application for a loan, guarantee or 

6 insurance commitment has been made: Provided further,

7 That, notwithstanding subsection (b) of section 117 of the 

8 Export Enhancement Act of 1992, subsection (a) thereof 

9 shall remain in effect until October 1, 2006. 

10 OVERSEAS PRIVATE INVESTMENT CORPORATION

11 NONCREDIT ACCOUNT

12 The Overseas Private Investment Corporation is au13 thorized to make, without regard to fiscal year limitations, 

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

15 commitments within the limits of funds available to it and 

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

17 That the amount available for administrative expenses to 

18 carry out the credit and insurance programs (including an 

19 amount for official reception and representation expenses 

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

21 $42,274,000: Provided further, That project-specific trans22 action costs, including direct and indirect costs incurred 

23 in claims settlements, and other direct costs associated 

24 with services provided to specific investors or potential in25 vestors pursuant to section 234 of the Foreign Assistance 
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1 Act of 1961, shall not be considered administrative ex2 penses for the purposes of this heading. 

3 PROGRAM ACCOUNT

4 For the cost of direct and guaranteed loans, 

5 $20,276,000, as authorized by section 234 of the Foreign 

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

7 the Overseas Private Investment Corporation Non-Credit 

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

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

10 of the Congressional Budget Act of 1974: Provided fur11 ther, That such sums shall be available for direct loan obli12 gations and loan guaranty commitments incurred or made 

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

14 such sums shall remain available through fiscal year 2014 

15 for the disbursement of direct and guaranteed loans obli16 gated in fiscal year 2006, and through fiscal year 2015 

17 for the disbursement of direct and guaranteed loans obli18 gated in fiscal year 2007: Provided further, That notwith19 standing any provision of the Foreign Assistance Act of 

20 1961, the Overseas Private Investment Corporation is au21 thorized to undertake any program authorized by title IV 

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

23 further, That funds made available pursuant to the author24 ity of the previous proviso shall be subject to the regular 

25 notification procedures of the Committees on Appropria26 tions. 
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1 In addition, such sums as may be necessary for ad2 ministrative expenses to carry out the credit program may 

3 be derived from amounts available for administrative ex4 penses to carry out the credit and insurance programs in 

5 the Overseas Private Investment Corporation Noncredit 

6 Account and merged with said account. 

7 FUNDS APPROPRIATED TO THE PRESIDENT

8 TRADE AND DEVELOPMENT AGENCY

9 For necessary expenses to carry out the provisions 

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

11 $50,900,000, to remain available until September 30, 

12 2007. 

13 TITLE II—BILATERAL ECONOMIC ASSISTANCE 

14 FUNDS APPROPRIATED TO THE PRESIDENT

15 For expenses necessary to enable the President to 

16 carry out the provisions of the Foreign Assistance Act of 

17 1961, and for other purposes, to remain available until 

18 September 30, 2006, unless otherwise specified herein, as 

19 follows: 

20 UNITED STATES AGENCY FOR INTERNATIONAL

21 DEVELOPMENT

22 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses to carry out the provisions 

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

26 Act of 1961, for child survival, health, and family plan-
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1 ning/reproductive health activities, in addition to funds 

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

3 remain available until September 30, 2007: Provided,

4 That this amount shall be made available for such activi5 ties as: (1) immunization programs; (2) oral rehydration 

6 programs; (3) health, nutrition, water and sanitation pro7 grams which directly address the needs of mothers and 

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

9 for children displaced or orphaned by causes other than 

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

11 of, and research on HIV/AIDS, tuberculosis, polio, ma12 laria, and other infectious diseases, and for assistance to 

13 communities severely affected by HIV/AIDS, including 

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

15 planning/reproductive health: Provided further, That none 

16 of the funds appropriated under this heading may be made 

17 available for nonproject assistance, except that funds may 

18 be made available for such assistance for ongoing health 

19 activities: Provided further, That of the funds appropriated 

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

21 to funds otherwise available for such purposes, may be 

22 used to monitor and provide oversight of child survival, 

23 maternal and family planning/reproductive health, and in24 fectious disease programs: Provided further, That the fol25 lowing amounts should be allocated as follows: 
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1 $347,000,000 for child survival and maternal health; 

2 $25,000,000 for vulnerable children; $350,000,000 for 

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

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

5 including in areas where population growth threatens bio6 diversity or endangered species: Provided further, That of 

7 the funds appropriated under this heading, and in addition 

8 to funds allocated under the previous proviso, not less 

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

10 States contribution to the Global Fund to Fight AIDS, 

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

12 be expended at the minimum rate necessary to make time13 ly payment for projects and activities: Provided further,

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

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

16 be made available to the United States Agency for Inter17 national Development for technical assistance related to 

18 the activities of the Global Fund: Provided further, That 

19 of the funds appropriated under this heading, 

20 $65,000,000 should be made available for a United States 

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

22 may be transferred to and merged with funds appropriated 

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

24 United States Agency for International Development’’ for 

25 costs directly related to international health, but funds 
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1 made available for such costs may not be derived from 

2 amounts made available for contribution under this and 

3 preceding provisos: Provided further, That none of the 

4 funds made available in this Act nor any unobligated bal5 ances from prior appropriations may be made available to 

6 any organization or program which, as determined by the 

7 President of the United States, supports or participates 

8 in the management of a program of coercive abortion or 

9 involuntary sterilization: Provided further, That none of 

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

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

12 planning or to motivate or coerce any person to practice 

13 abortions: Provided further, That nothing in this para14 graph shall be construed to alter any existing statutory 

15 prohibitions against abortion under section 104 of the 

16 Foreign Assistance Act of 1961: Provided further, That 

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

18 used to lobby for or against abortion: Provided further,

19 That in order to reduce reliance on abortion in developing 

20 nations, funds shall be available only to voluntary family 

21 planning projects which offer, either directly or through 

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

23 of family planning methods and services, and that any 

24 such voluntary family planning project shall meet the fol25 lowing requirements: (1) service providers or referral 
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1 agents in the project shall not implement or be subject 

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

3 births, number of family planning acceptors, or acceptors 

4 of a particular method of family planning (this provision 

5 shall not be construed to include the use of quantitative 

6 estimates or indicators for budgeting and planning pur7 poses); (2) the project shall not include payment of incen8 tives, bribes, gratuities, or financial reward to: (A) an indi9 vidual in exchange for becoming a family planning accep10 tor; or (B) program personnel for achieving a numerical 

11 target or quota of total number of births, number of fam12 ily planning acceptors, or acceptors of a particular method 

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

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

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

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

17 not to accept family planning services; (4) the project shall 

18 provide family planning acceptors comprehensible infor19 mation on the health benefits and risks of the method cho20 sen, including those conditions that might render the use 

21 of the method inadvisable and those adverse side effects 

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

23 (5) the project shall ensure that experimental contracep24 tive drugs and devices and medical procedures are pro25 vided only in the context of a scientific study in which 
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1 participants are advised of potential risks and benefits; 

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

3 Administrator of the United States Agency for Inter4 national Development determines that there has been a 

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

6 (2), (3), or (5) of this proviso, or a pattern or practice 

7 of violations of the requirements contained in paragraph 

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

9 Committees on Appropriations a report containing a de10 scription of such violation and the corrective action taken 

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

12 for natural family planning under section 104 of the For13 eign Assistance Act of 1961 no applicant shall be discrimi14 nated against because of such applicant’s religious or con15 scientious commitment to offer only natural family plan16 ning; and, additionally, all such applicants shall comply 

17 with the requirements of the previous proviso: Provided 

18 further, That for purposes of this or any other Act author19 izing or appropriating funds for foreign operations, export 

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

21 it relates to family planning assistance, shall not be con22 strued to prohibit the provision, consistent with local law, 

23 of information or counseling about all pregnancy options: 

24 Provided further, That to the maximum extent feasible, 

25 taking into consideration cost, timely availability, and best 
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1 health practices, funds appropriated in this Act or prior 

2 appropriations Acts that are made available for condom 

3 procurement shall be made available only for the procure4 ment of condoms manufactured in the United States: Pro5 vided further, That information provided about the use of 

6 condoms as part of projects or activities that are funded 

7 from amounts appropriated by this Act shall be medically 

8 accurate and shall include the public health benefits and 

9 failure rates of such use. 

10 DEVELOPMENT ASSISTANCE

11 For necessary expenses of the United States Agency 

12 for International Development to carry out the provisions 

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

14 chapter II, and chapter 10 of part I of the Foreign Assist15 ance Act of 1961, $1,460,000,000, to remain available 

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

17 should be allocated for trade capacity building, of which 

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

19 environmental capacity building activities relating to the 

20 free trade agreement with the countries of Central Amer21 ica and the Dominican Republic: Provided further, That 

22 $365,000,000 should be allocated for basic education: Pro23 vided further, That of the funds appropriated under this 

24 heading and managed by the United States Agency for 

25 International Development Bureau of Democracy, Con26 flict, and Humanitarian Assistance, not less than 
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1 $15,000,000 shall be made available only for programs to 

2 improve women’s leadership capacity in recipient coun3 tries: Provided further, That such funds may not be made 

4 available for construction: Provided further, That of the 

5 funds appropriated under this heading that are made 

6 available for assistance programs for displaced and or7 phaned children and victims of war, not to exceed 

8 $37,500, in addition to funds otherwise available for such 

9 purposes, may be used to monitor and provide oversight 

10 of such programs: Provided further, That funds appro11 priated under this heading should be made available for 

12 programs in sub-Saharan Africa to address sexual and 

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

14 $15,000,000 should be made available for drinking water 

15 supply projects in east Africa. 

16 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

17 For necessary expenses of the United States Agency 

18 for International Development to carry out the provisions 

19 of section 491 of the Foreign Assistance Act of 1961 for 

20 international disaster relief, rehabilitation, and recon21 struction assistance, $356,000,000, to remain available 

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

23 prevention and relief. 

24 TRANSITION INITIATIVES

25 For necessary expenses for international disaster re26 habilitation and reconstruction assistance pursuant to sec-
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1 tion 491 of the Foreign Assistance Act of 1961, 

2 $50,000,000, to remain available until expended, to sup3 port transition to democracy and to long-term develop4 ment of countries in crisis: Provided, That such support 

5 may include assistance to develop, strengthen, or preserve 

6 democratic institutions and processes, revitalize basic in7 frastructure, and foster the peaceful resolution of conflict: 

8 Provided further, That the United States Agency for Inter9 national Development shall submit a report to the Com10 mittees on Appropriations at least 5 days prior to begin11 ning a new program of assistance: Provided further, That 

12 if the President determines that is important to the na13 tional interests of the United States to provide transition 

14 assistance in excess of the amount appropriated under this 

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

16 this Act to carry out the provisions of part I of the For17 eign Assistance Act of 1961 may be used for purposes of 

18 this heading and under the authorities applicable to funds 

19 appropriated under this heading: Provided further, That 

20 funds made available pursuant to the previous proviso 

21 shall be made available subject to prior consultation with 

22 the Committees on Appropriations. 

23 DEVELOPMENT CREDIT AUTHORITY

24 (INCLUDING TRANSFER OF FUNDS)

25 For the cost of direct loans and loan guarantees pro26 vided by the United States Agency for International De-
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1 velopment, as authorized by sections 256 and 635 of the 

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

3 remain available until September 30, 2008, may be de4 rived by transfer from funds appropriated by this Act to 

5 carry out part I of such Act and under the heading ‘‘As6 sistance for Eastern Europe and the Baltic States’’: Pro7 vided, That such funds shall be made available only for 

8 micro and small enterprise programs, urban programs, 

9 and other programs which further the purposes of part 

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

11 the cost of modifying such direct and guaranteed loans, 

12 shall be as defined in section 502 of the Congressional 

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

14 funds made available by this paragraph may be used for 

15 the cost of modifying any such guaranteed loans under 

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

17 be subject to the regular notification procedures of the 

18 Committees on Appropriations: Provided further, That the 

19 provisions of section 107A(d) (relating to general provi20 sions applicable to the Development Credit Authority) of 

21 the Foreign Assistance Act of 1961, as contained in sec22 tion 306 of H.R. 1486 as reported by the House Com23 mittee on International Relations on May 9, 1997, shall 

24 be applicable to direct loans and loan guarantees provided 

25 under this heading: Provided further, That these funds are 
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1 available to subsidize total loan principal, any portion of 

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

3 In addition, for administrative expenses to carry out 

4 credit programs administered by the United States Agency 

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

6 transferred to and merged with the appropriation for Op7 erating Expenses of the United States Agency for Inter8 national Development: Provided, That funds made avail9 able under this paragraph shall remain available until Sep10 tember 30, 2007. 

11 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

12 DISABILITY FUND

13 For payment to the ‘‘Foreign Service Retirement and 

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

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

16 OPERATING EXPENSES OF THE UNITED STATES AGENCY

17 FOR INTERNATIONAL DEVELOPMENT

18 For necessary expenses to carry out the provisions 

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

20 $630,000,000, of which up to $25,000,000 may remain 

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

22 of the funds appropriated under this heading and under 

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

24 available to finance the construction (including architect 

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

26 offices for use by the United States Agency for Inter-
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1 national Development, unless the Administrator has iden2 tified such proposed construction (including architect and 

3 engineering services), purchase, or long-term lease of of4 fices in a report submitted to the Committees on Appro5 priations at least 15 days prior to the obligation of these 

6 funds for such purposes: Provided further, That the pre7 vious proviso shall not apply where the total cost of con8 struction (including architect and engineering services), 

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

10 $1,000,000: Provided further, That contracts or agree11 ments entered into with funds appropriated under this 

12 heading may entail commitments for the expenditure of 

13 such funds through fiscal year 2006: Provided further,

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

15 a new overseas mission of the United States Agency for 

16 International Development without the prior written noti17 fication of the Committees on Appropriations: Provided 

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

19 Foreign Assistance Act of 1961 may be exercised by the 

20 Secretary of State to transfer funds appropriated to carry 

21 out chapter 1 of part I of such Act to ‘‘Operating Ex22 penses of the United States Agency for International De23 velopment’’ in accordance with the provisions of those sec24 tions. 
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1 CAPITAL INVESTMENT FUND

2 For necessary expenses for overseas construction and 

3 related costs, and for the procurement and enhancement 

4 of information technology and related capital investments, 

5 pursuant to section 667 of the Foreign Assistance Act of 

6 1961, $77,700,000, to remain available until expended: 

7 Provided, That this amount is in addition to funds other8 wise available for such purposes: Provided further, That 

9 funds appropriated under this heading shall be available 

10 for obligation only pursuant to the regular notification 

11 procedures of the Committees on Appropriations: Provided 

12 further, That of the amounts appropriated under this 

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

14 for the purposes of implementing the Capital Security 

15 Cost Sharing Program: Provided further, That the Admin16 istrator of the United States Agency for International De17 velopment shall assess fair and reasonable rental pay18 ments for the use of space by employees of other United 

19 States Government agencies in buildings constructed 

20 using funds appropriated under this heading, and such 

21 rental payments shall be deposited into this account as 

22 an offsetting collection: Provided further, That the rental 

23 payments collected pursuant to the previous proviso and 

24 deposited as an offsetting collection shall be available for 

25 obligation only pursuant to the regular notification proce-
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1 dures of the Committees on Appropriations: Provided fur2 ther, That the assignment of United States Government 

3 employees or contractors to space in buildings constructed 

4 using funds appropriated under this heading shall be sub5 ject to the concurrence of the Administrator of the United 

6 States Agency for International Development. 

7 OPERATING EXPENSES OF THE UNITED STATES AGENCY

8 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN9 SPECTOR GENERAL

10 For necessary expenses to carry out the provisions 

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

12 $36,000,000, to remain available until September 30, 

13 2007, which sum shall be available for the Office of the 

14 Inspector General of the United States Agency for Inter15 national Development. 

16 OTHER BILATERAL ECONOMIC ASSISTANCE

17 ECONOMIC SUPPORT FUND

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses to carry out the provisions 

20 of chapter 4 of part II, $2,558,525,000, to remain avail21 able until September 30, 2007: Provided, That of the 

22 funds appropriated under this heading, not less than 

23 $240,000,000 shall be available only for Israel, which sum 

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

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

26 Act: Provided further, That not less than $495,000,000 
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1 shall be available only for Egypt, which sum shall be pro2 vided on a grant basis, and of which sum cash transfer 

3 assistance shall be provided with the understanding that 

4 Egypt will undertake significant economic reforms which 

5 are additional to those which were undertaken in previous 

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

7 available under this heading for Egypt, not less than 

8 $50,000,000 shall be used for programs to improve and 

9 promote democracy, governance, and human rights and 

10 not less than $50,000,000 shall be used for education pro11 grams: Provided further, That with respect to the provision 

12 of assistance for Egypt for democracy and governance ac13 tivities, the organizations implementing such assistance 

14 and the specific nature of that assistance shall not be sub15 ject to the prior approval by the Government of Egypt: 

16 Provided further, That in exercising the authority to pro17 vide cash transfer assistance for Israel, the President shall 

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

19 adverse impact on the total level of nonmilitary exports 

20 from the United States to such country and that Israel 

21 enters into a side letter agreement in an amount propor22 tional to the fiscal year 1999 agreement: Provided further,

23 That of the funds appropriated under this heading, not 

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

25 assistance for Jordan: Provided further, That $20,000,000 
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1 of the funds appropriated under this heading should be 

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

3 administrative support of the scholarship program, 

4 bicommunal projects, and measures aimed at reunification 

5 of the island and designed to reduce tensions and promote 

6 peace and cooperation between the two communities on 

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

8 appropriated under this heading should be made available 

9 for assistance for Lebanon, of which not less than 

10 $6,000,000 should be made available for scholarships and 

11 direct support of American educational institutions in 

12 Lebanon: Provided further, That funds appropriated under 

13 this heading that are made available for a Middle East 

14 Financing Facility, Middle East Enterprise Fund, or any 

15 other similar entity in the Middle East shall be subject 

16 to the regular notification procedures of the Committees 

17 on Appropriations: Provided further, That not more than 

18 $225,000,000 of the funds made available for assistance 

19 for Afghanistan under this heading may be obligated for 

20 such assistance until the Secretary of State certifies to the 

21 Committees on Appropriations, that the Government of 

22 Afghanistan at both the national and local level, is cooper23 ating fully with United States funded poppy eradication 

24 and interdiction efforts in Afghanistan: Provided further,

25 That with respect to funds appropriated under this head-
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1 ing in this Act or prior Acts making appropriations for 

2 foreign operations, export financing, and related pro3 grams, the responsibility for policy decisions and justifica4 tions for the use of such funds, including whether there 

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

6 the amount of each such program, shall be the responsi7 bility of the Secretary of State and the Deputy Secretary 

8 of State and this responsibility shall not be delegated. 

9 INTERNATIONAL FUND FOR IRELAND

10 For necessary expenses to carry out the provisions 

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

12 1961, $13,500,000, which shall be available for the United 

13 States contribution to the International Fund for Ireland 

14 and shall be made available in accordance with the provi15 sions of the Anglo-Irish Agreement Support Act of 1986 

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

17 be expended at the minimum rate necessary to make time18 ly payment for projects and activities: Provided further,

19 That funds made available under this heading shall re20 main available until September 30, 2007. 

21 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

22 STATES

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

24 of the Foreign Assistance Act of 1961 and the Support 

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

26 $357,000,000, to remain available until September 30, 
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1 2007, which shall be available, notwithstanding any other 

2 provision of law that restricts assistance to foreign coun3 tries and section 660 of the Foreign Assistance Act of 

4 1961, for assistance and for related programs for Eastern 

5 Europe and the Baltic States. 

6 (b) Funds appropriated under this heading shall be 

7 considered to be economic assistance under the Foreign 

8 Assistance Act of 1961 for purposes of making available 

9 the administrative authorities contained in that Act for 

10 the use of economic assistance. 

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

12 apply to funds appropriated under this heading: Provided,

13 That local currencies generated by, or converted from, 

14 funds appropriated by this Act and by previous appropria15 tions Acts and made available for the economic revitaliza16 tion program in Bosnia may be used in Eastern Europe 

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

18 Foreign Assistance Act of 1961 and the Support for East 

19 European Democracy (SEED) Act of 1989. 

20 (d) The President is authorized to withhold funds ap21 propriated under this heading made available for economic 

22 revitalization programs in Bosnia and Herzegovina, if he 

23 determines and certifies to the Committees on Appropria24 tions that the Federation of Bosnia and Herzegovina has 

25 not complied with article III of annex 1–A of the General 
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1 Framework Agreement for Peace in Bosnia and 

2 Herzegovina concerning the withdrawal of foreign forces, 

3 and that intelligence cooperation on training, investiga4 tions, and related activities between state sponsors of ter5 rorism and terrorist organizations and Bosnian officials 

6 has not been terminated. 

7 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

8 FORMER SOVIET UNION

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

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

11 Act of 1961 and the FREEDOM Support Act, for assist12 ance for the Independent States of the former Soviet 

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

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

15 provisions of such chapters shall apply to funds appro16 priated by this paragraph: Provided further, That, not17 withstanding any provision of the Freedom Support Act 

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

19 or prior Acts making appropriations for foreign oper20 ations, export financing, and related programs, that are 

21 made available pursuant to the provisions of section 807 

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

23 ceiling on administrative expenses. 

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

25 less than $52,000,000 should be made available, in addi26 tion to funds otherwise available for such purposes, for 
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1 assistance for child survival, environmental and reproduc2 tive health, and to combat HIV/AIDS, tuberculosis and 

3 other infectious diseases, and for related activities. 

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

5 that are allocated for assistance for the Government of 

6 the Russian Federation, 60 percent shall be withheld from 

7 obligation until the President determines and certifies in 

8 writing to the Committees on Appropriations that the Gov9 ernment of the Russian Federation—

10 (A) has terminated implementation of arrange11 ments to provide Iran with technical expertise, train12 ing, technology, or equipment necessary to develop a 

13 nuclear reactor, related nuclear research facilities or 

14 programs, or ballistic missile capability; and 

15 (B) is providing full access to international non16 government organizations providing humanitarian 

17 relief to refugees and internally displaced persons in 

18 Chechnya. 

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

20 (A) assistance to combat infectious diseases, 

21 child survival activities, or assistance for victims of 

22 trafficking in persons; and 

23 (B) activities authorized under title V (Non24 proliferation and Disarmament Programs and Ac25 tivities) of the FREEDOM Support Act. 
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1 (d) Section 907 of the FREEDOM Support Act shall 

2 not apply to—

3 (1) activities to support democracy or assist4 ance under title V of the FREEDOM Support Act 

5 and section 1424 of Public Law 104–201 or non6 proliferation assistance; 

7 (2) any assistance provided by the Trade and 

8 Development Agency under section 661 of the For9 eign Assistance Act of 1961 (22 U.S.C. 2421); 

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

11 United States and Foreign Commercial Service while 

12 acting within his or her official capacity; 

13 (4) any insurance, reinsurance, guarantee or 

14 other assistance provided by the Overseas Private 

15 Investment Corporation under title IV of chapter 2 

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

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

18 (5) any financing provided under the Export19 Import Bank Act of 1945; or 

20 (6) humanitarian assistance. 

21 INDEPENDENT AGENCIES

22 INTER-AMERICAN FOUNDATION

23 For necessary expenses to carry out the functions of 

24 the Inter-American Foundation in accordance with the 

25 provisions of section 401 of the Foreign Assistance Act 
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1 of 1969, $19,500,000, to remain available until September 

2 30, 2007. 

3 AFRICAN DEVELOPMENT FOUNDATION

4 For necessary expenses to carry out title V of the 

5 International Security and Development Cooperation Act 

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

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

8 made available to grantees may be invested pending ex9 penditure for project purposes when authorized by the 

10 board of directors of the Foundation: Provided further,

11 That interest earned shall be used only for the purposes 

12 for which the grant was made: Provided further, That not13 withstanding section 505(a)(2) of the African Develop14 ment Foundation Act, in exceptional circumstances the 

15 board of directors of the Foundation may waive the 

16 $250,000 limitation contained in that section with respect 

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

18 provide a report to the Committees on Appropriations 

19 after each time such waiver authority is exercised. 

20 PEACE CORPS

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses to carry out the provisions 

23 of the Peace Corps Act (75 Stat. 612), including the pur24 chase of not to exceed five passenger motor vehicles for 

25 administrative purposes for use outside of the United 

26 States, $325,000,000, to remain available until September 
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1 30, 2007: Provided, That none of the funds appropriated 

2 under this heading shall be used to pay for abortions: Pro3 vided further, That the Director may transfer to the For4 eign Currency Fluctuations Account, as authorized by 22 

5 U.S.C. 2515, an amount not to exceed $2,000,000: Pro6 vided further, That funds transferred pursuant to the pre7 vious proviso may not be derived from amounts made 

8 available for Peace Corps overseas operations. 

9 MILLENNIUM CHALLENGE CORPORATION

10 For necessary expenses for the ‘‘Millennium Chal11 lenge Corporation’’, $1,750,000,000 to remain available 

12 until expended: Provided, That of the funds appropriated 

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

14 for administrative expenses of the Millennium Challenge 

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

16 the funds appropriated under this heading may be made 

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

18 Millennium Challenge Act of 2003: Provided further, That 

19 none of the funds available to carry out section 616 of 

20 such Act may be made available until the Chief Executive 

21 Officer of the Millennium Challenge Corporation provides 

22 a report to the Committees on Appropriations listing the 

23 candidate countries that will be receiving assistance under 

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

25 for each such country, a description of the proposed pro26 grams, projects and activities, and the implementing agen-
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1 cy or agencies of the United States Government: Provided 

2 further, That section 605(e)(4) of the Millennium Chal3 lenge Act of 2003 shall apply to funds appropriated under 

4 this heading: Provided further, That funds appropriated 

5 under this heading may be made available for a Millen6 nium Challenge Compact entered into pursuant to section 

7 609 of the Millennium Challenge Act of 2003 only if such 

8 Compact obligates, or contains a commitment to obligate 

9 subject to the availability of funds and the mutual agree10 ment of the parties to the Compact to proceed, the entire 

11 amount of the United States Government funding antici12 pated for the duration of the Compact. 

13 DEPARTMENT OF STATE

14 GLOBAL HIV/AIDS INITIATIVE

15 For necessary expenses to carry out the provisions 

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

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

18 $1,920,000,000, to remain available until expended: Pro19 vided, That of the funds appropriated under this heading, 

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

21 a United States Contribution to the Global Fund to Fight 

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

23 and shall be expended at the minimum rate necessary to 

24 make timely payment for projects and activities: Provided 

25 further, That not more than $12,000,000 of the funds ap-
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1 propriated under this heading may be made available for 

2 administrative expenses of the Office of the Coordinator 

3 of United States Government Activities to Combat HIV/

4 AIDS Globally of the Department of State. 

5 INTERNATIONAL NARCOTICS CONTROL AND LAW

6 ENFORCEMENT

7 For necessary expenses to carry out section 481 of 

8 the Foreign Assistance Act of 1961, $437,400,000, to re9 main available until September 30, 2008: Provided, That 

10 during fiscal year 2006, the Department of State may also 

11 use the authority of section 608 of the Foreign Assistance 

12 Act of 1961, without regard to its restrictions, to receive 

13 excess property from an agency of the United States Gov14 ernment for the purpose of providing it to a foreign coun15 try under chapter 8 of part I of that Act subject to the 

16 regular notification procedures of the Committees on Ap17 propriations: Provided further, That the Secretary of State 

18 shall provide to the Committees on Appropriations not 

19 later than 45 days after the date of the enactment of this 

20 Act and prior to the initial obligation of funds appro21 priated under this heading, a report on the proposed uses 

22 of all funds under this heading on a country-by-country 

23 basis for each proposed program, project, or activity: Pro24 vided further, That $10,000,000 of the funds appropriated 

25 under this heading should be made available for demand 

26 reduction programs: Provided further, That of the funds 
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1 appropriated under this heading, not more than 

2 $33,484,000 may be available for administrative expenses. 

3 ANDEAN COUNTERDRUG INITIATIVE

4 For necessary expenses to carry out section 481 of 

5 the Foreign Assistance Act of 1961 to support 

6 counterdrug activities in the Andean region of South 

7 America, $734,500,000, to remain available until Sep8 tember 30, 2008: Provided, That in fiscal year 2006, 

9 funds available to the Department of State for assistance 

10 to the Government of Colombia shall be available to sup11 port a unified campaign against narcotics trafficking, 

12 against activities by organizations designated as terrorist 

13 organizations such as the Revolutionary Armed Forces of 

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

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

16 and to take actions to protect human health and welfare 

17 in emergency circumstances, including undertaking rescue 

18 operations: Provided further, That this authority shall 

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

20 evidence that the Colombian Armed Forces are not con21 ducting vigorous operations to restore government author22 ity and respect for human rights in areas under the effec23 tive control of paramilitary and guerrilla organizations: 

24 Provided further, That the President shall ensure that if 

25 any helicopter procured with funds under this heading is 

26 used to aid or abet the operations of any illegal self-de-
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1 fense group or illegal security cooperative, such helicopter 

2 shall be immediately returned to the United States: Pro3 vided further, That the Secretary of State, in consultation 

4 with the Administrator of the United States Agency for 

5 International Development, shall provide to the Commit6 tees on Appropriations not later than 45 days after the 

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

8 obligation of funds appropriated under this heading, a re9 port on the proposed uses of all funds under this heading 

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

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

12 available in this Act for demobilization/reintegration of 

13 members of foreign terrorist organizations in Colombia 

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

15 notification procedures of, the Committees on Appropria16 tions: Provided further, That section 482(b) of the Foreign 

17 Assistance Act of 1961 shall not apply to funds appro18 priated under this heading: Provided further, That assist19 ance provided with funds appropriated under this heading 

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

21 the Foreign Assistance Act of 1961 shall be made avail22 able subject to the regular notification procedures of the 

23 Committees on Appropriations: Provided further, That no 

24 United States Armed Forces personnel or United States 

25 civilian contractor employed by the United States will par-
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1 ticipate in any combat operation in connection with assist2 ance made available by this Act for Colombia: Provided 

3 further, That of the funds appropriated under this head4 ing, not more than $19,015,000 may be available for ad5 ministrative expenses of the Department of State, and not 

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

7 amounts otherwise available for such purposes, for admin8 istrative expenses of the United States Agency for Inter9 national Development. 

10 MIGRATION AND REFUGEE ASSISTANCE

11 For expenses, not otherwise provided for, necessary 

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

13 by law, a contribution to the International Committee of 

14 the Red Cross, assistance to refugees, including contribu15 tions to the International Organization for Migration and 

16 the United Nations High Commissioner for Refugees, and 

17 other activities to meet refugee and migration needs; sala18 ries and expenses of personnel and dependents as author19 ized by the Foreign Service Act of 1980; allowances as 

20 authorized by sections 5921 through 5925 of title 5, 

21 United States Code; purchase and hire of passenger motor 

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

23 5, United States Code, $790,720,000, which shall remain 

24 available until expended: Provided, That not more than 

25 $22,000,000 may be available for administrative expenses: 

26 Provided further, That funds appropriated under this 
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1 heading may be made available for a headquarters con2 tribution to the International Committee of the Red Cross 

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

4 to the appropriate committees of Congress) that the 

5 Magen David Adom Society of Israel is not being denied 

6 participation in the activities of the International Red 

7 Cross and Red Crescent Movement. 

8 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

9 ASSISTANCE FUND

10 For necessary expenses to carry out the provisions 

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

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

13 $30,000,000, to remain available until expended.

14 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

15 RELATED PROGRAMS

16 For necessary expenses for nonproliferation, anti-ter17 rorism, demining and related programs and activities, 

18 $400,350,000, to carry out the provisions of chapter 8 of 

19 part II of the Foreign Assistance Act of 1961 for anti20 terrorism assistance, chapter 9 of part II of the Foreign 

21 Assistance Act of 1961, section 504 of the FREEDOM 

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

23 or the Foreign Assistance Act of 1961 for demining activi24 ties, the clearance of unexploded ordnance, the destruction 

25 of small arms, and related activities, notwithstanding any 

26 other provision of law that restricts assistance to foreign 
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1 countries, including activities implemented through non2 governmental and international organizations, and section 

3 301 of the Foreign Assistance Act of 1961 for a voluntary 

4 contribution to the International Atomic Energy Agency 

5 (IAEA), and for a United States contribution to the Com6 prehensive Nuclear Test Ban Treaty Preparatory Com7 mission: Provided, That of this amount not to exceed 

8 $37,500,000, to remain available until expended, may be 

9 made available for the Nonproliferation and Disarmament 

10 Fund, notwithstanding any other provision of law that re11 stricts assistance to foreign countries, to promote bilateral 

12 and multilateral activities relating to nonproliferation and 

13 disarmament: Provided further, That such funds may also 

14 be used for such countries other than the Independent 

15 States of the former Soviet Union and international orga16 nizations when it is in the national security interest of the 

17 United States to do so: Provided further, That funds ap18 propriated under this heading may be made available for 

19 the International Atomic Energy Agency only if the Sec20 retary of State determines (and so reports to the Con21 gress) that Israel is not being denied its right to partici22 pate in the activities of that Agency: Provided further,

23 That of the funds made available for demining and related 

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

25 otherwise available for such purposes, may be used for ad-
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1 ministrative expenses related to the operation and man2 agement of the demining program: Provided further, That 

3 funds appropriated under this heading that are available 

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

5 Border Security’’ shall remain available until September 

6 30, 2007: Provided further, That funds appropriated 

7 under this heading shall be made available for programs 

8 and countries in the amounts contained in the table in9 cluded in the report accompanying this Act: Provided fur10 ther, That any proposed increases or decreases to the 

11 amounts contained in such table shall be subject to the 

12 regular notification procedures of the Committee on Ap13 propriations and section 634A of the Foreign Assistance 

14 Act of 1961 and notifications shall be transmitted at least 

15 15 days in advance of the obligation of funds. 

16 DEPARTMENT OF THE TREASURY

17 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

18 For necessary expenses to carry out the provisions 

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

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

21 2009, which shall be available notwithstanding any other 

22 provision of law that restricts assistance to foreign coun23 tries. 

24 DEBT RESTRUCTURING

25 For the cost, as defined in section 502 of the Con26 gressional Budget Act of 1974, of modifying loans and 
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1 loan guarantees, as the President may determine, for 

2 which funds have been appropriated or otherwise made 

3 available for programs within the International Affairs 

4 Budget Function 150, including the cost of selling, reduc5 ing, or canceling amounts owed to the United States as 

6 a result of concessional loans made to eligible countries, 

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

8 of 1961, of modifying concessional credit agreements with 

9 least developed countries, as authorized under section 411 

10 of the Agricultural Trade Development and Assistance Act 

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

12 and credit agreements, as authorized under section 572 

13 of the Foreign Operations, Export Financing, and Related 

14 Programs Appropriations Act, 1989 (Public Law 100–

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

16 or guarantees made pursuant to the Export-Import Bank 

17 Act of 1945, by countries that are eligible for debt reduc18 tion pursuant to title V of H.R. 3425 as enacted into law 

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

20 $65,000,000, to remain available until September 30, 

21 2008: Provided, That not less than $20,000,000 of the 

22 funds appropriated under this heading shall be made avail23 able to carry out the provisions of part V of the Foreign 

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

25 $45,000,000 of the funds appropriated under this heading 
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1 may be used by the Secretary of the Treasury to pay to 

2 the Heavily Indebted Poor Countries (HIPC) Trust Fund 

3 administered by the International Bank for Reconstruc4 tion and Development amounts for the benefit of countries 

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

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

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

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

9 reduction under the enhanced HIPC initiative by—

10 (1) the Inter-American Development Bank; 

11 (2) the African Development Fund; 

12 (3) the African Development Bank; and 

13 (4) the Central American Bank for Economic 

14 Integration: 

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

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

17 of State has credible evidence that the government of such 

18 country is engaged in a consistent pattern of gross viola19 tions of internationally recognized human rights or in mili20 tary or civil conflict that undermines its ability to develop 

21 and implement measures to alleviate poverty and to devote 

22 adequate human and financial resources to that end: Pro23 vided further, That on the basis of final appropriations, 

24 the Secretary of the Treasury shall consult with the Com25 mittees on Appropriations concerning which countries and 
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1 international financial institutions are expected to benefit 

2 from a United States contribution to the HIPC Trust 

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

4 Secretary of the Treasury shall inform the Committees on 

5 Appropriations not less than 15 days in advance of the 

6 signature of an agreement by the United States to make 

7 payments to the HIPC Trust Fund of amounts for such 

8 countries and institutions: Provided further, That the Sec9 retary of the Treasury may disburse funds designated for 

10 debt reduction through the HIPC Trust Fund only for the 

11 benefit of countries that—

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

13 not to accept new market-rate loans from the inter14 national financial institution receiving debt repay15 ment as a result of such disbursement, other than 

16 loans made by such institutions to export-oriented 

17 commercial projects that generate foreign exchange 

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

19 and 

20 (2) have documented and demonstrated their 

21 commitment to redirect their budgetary resources 

22 from international debt repayments to programs to 

23 alleviate poverty and promote economic growth that 

24 are additional to or expand upon those previously 

25 available for such purposes: 
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1 Provided further, That none of the funds made available 

2 under this heading in this or any other appropriations Act 

3 shall be made available for Sudan or Burma unless the 

4 Secretary of the Treasury determines and notifies the 

5 Committees on Appropriations that a democratically elect6 ed government has taken office.

7 TITLE III—MILITARY ASSISTANCE 

8 FUNDS APPROPRIATED TO THE PRESIDENT

9 INTERNATIONAL MILITARY EDUCATION AND TRAINING

10 For necessary expenses to carry out the provisions 

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

12 $86,744,000, of which up to $3,000,000 may remain 

13 available until expended: Provided, That the civilian per14 sonnel for whom military education and training may be 

15 provided under this heading may include civilians who are 

16 not members of a government whose participation would 

17 contribute to improved civil-military relations, civilian con18 trol of the military, or respect for human rights: Provided 

19 further, That funds appropriated under this heading for 

20 military education and training for Nigeria may only be 

21 provided through the regular notification procedures of the 

22 Committees on Appropriations. 

23 FOREIGN MILITARY FINANCING PROGRAM

24 (INCLUDING TRANSFER OF FUNDS)

25 For expenses necessary for grants to enable the 

26 President to carry out the provisions of section 23 of the 
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1 Arms Export Control Act, $4,442,300,000: Provided, 

2 That of the funds appropriated under this heading, not 

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

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

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

6 the funds appropriated by this paragraph for Israel shall 

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

8 Provided further, That to the extent that the Government 

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

10 grants made available for Israel by this paragraph shall, 

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

12 for advanced weapons systems, of which not less than 

13 $595,000,000 shall be available for the procurement in 

14 Israel of defense articles and defense services, including 

15 research and development: Provided further, That of the 

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

17 should be made available for assistance for Jordan: Pro18 vided further, That funds appropriated or otherwise made 

19 available by this paragraph shall be nonrepayable notwith20 standing any requirement in section 23 of the Arms Ex21 port Control Act: Provided further, That funds made avail22 able under this paragraph shall be obligated upon appor23 tionment in accordance with paragraph (5)(C) of title 31, 

24 United States Code, section 1501(a). 
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1 None of the funds made available under this heading 

2 shall be available to finance the procurement of defense 

3 articles, defense services, or design and construction serv4 ices that are not sold by the United States Government 

5 under the Arms Export Control Act unless the foreign 

6 country proposing to make such procurements has first 

7 signed an agreement with the United States Government 

8 specifying the conditions under which such procurements 

9 may be financed with such funds: Provided, That all coun10 try and funding level increases in allocations shall be sub11 mitted through the regular notification procedures of sec12 tion 515 of this Act: Provided further, That none of the 

13 funds appropriated under this heading shall be available 

14 for assistance for Sudan and Guatemala: Provided further,

15 That funds made available under this heading may be 

16 used, notwithstanding any other provision of law that re17 stricts assistance to foreign countries, for demining, the 

18 clearance of unexploded ordnance, and related activities, 

19 and may include activities implemented through non20 governmental and international organizations: Provided 

21 further, That only those countries for which assistance was 

22 justified for the ‘‘Foreign Military Sales Financing Pro23 gram’’ in the fiscal year 1989 congressional presentation 

24 for security assistance programs may utilize funds made 

25 available under this heading for procurement of defense 
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1 articles, defense services or design and construction serv2 ices that are not sold by the United States Government 

3 under the Arms Export Control Act: Provided further,

4 That funds appropriated under this heading shall be ex5 pended at the minimum rate necessary to make timely 

6 payment for defense articles and services: Provided fur7 ther, That not more than $41,600,000 of the funds appro8 priated under this heading may be obligated for necessary 

9 expenses, including the purchase of passenger motor vehi10 cles for replacement only for use outside of the United 

11 States, for the general costs of administering military as12 sistance and sales: Provided further, That not more than 

13 $373,000,000 of funds realized pursuant to section 

14 21(e)(1)(A) of the Arms Export Control Act may be obli15 gated for expenses incurred by the Department of Defense 

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

17 Arms Export Control Act, except that this limitation may 

18 be exceeded only through the regular notification proce19 dures of the Committees on Appropriations: Provided fur20 ther, That foreign military financing program funds esti21 mated to be outlayed for Egypt during fiscal year 2006 

22 shall be transferred to an interest bearing account for 

23 Egypt in the Federal Reserve Bank of New York within 

24 30 days of enactment of this Act. 
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1 PEACEKEEPING OPERATIONS

2 For necessary expenses to carry out the provisions 

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

4 $177,800,000: Provided, That none of the funds appro5 priated under this heading shall be obligated or expended 

6 except as provided through the regular notification proce7 dures of the Committees on Appropriations. 

8 TITLE IV—MULTILATERAL ECONOMIC 

9 ASSISTANCE 

10 FUNDS APPROPRIATED TO THE PRESIDENT

11 INTERNATIONAL FINANCIAL INSTITUTIONS

12 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

13 ASSOCIATION

14 For payment to the International Development Asso15 ciation by the Secretary of the Treasury, $950,000,000, 

16 to remain available until expended. 

17 CONTRIBUTION TO THE MULTILATERAL INVESTMENT

18 GUARANTEE AGENCY

19 For payment to the Multilateral Investment Guar20 antee Agency by the Secretary of the Treasury, 

21 $1,741,515, to remain available until expended. 

22 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

23 The United States Governor of the Multilateral In24 vestment Guarantee Agency may subscribe without fiscal 

25 year limitation to the callable capital portion of the United 
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1 States share of such capital in an amount not to exceed 

2 $8,126,527. 

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, $1,741,515, 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 Mul11 tilateral Investment Fund by the Secretary of the Treas12 ury, for the United States contribution to the fund, 

13 $1,741,515, to remain available until expended. 

14 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

15 For the United States contribution by the Secretary 

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

17 Development Fund, as authorized by the Asian Develop18 ment Bank Act, as amended, $115,250,000, to remain 

19 available until expended. 

20 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

21 For payment to the African Development Bank by 

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

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

24 remain 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 

4 for the callable capital portion of the United States share 

5 of such capital stock in an amount not to exceed 

6 $88,333,855. 

7 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

8 For the United States contribution by the Secretary 

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

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

11 until expended. 

12 CONTRIBUTION TO THE EUROPEAN BANK FOR

13 RECONSTRUCTION AND DEVELOPMENT

14 For payment to the European Bank for Reconstruc15 tion and Development by the Secretary of the Treasury, 

16 $1,015,677 for the United States share of the paid-in por17 tion of the increase in capital stock, to remain available 

18 until expended. 

19 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

20 The United States Governor of the European Bank 

21 for Reconstruction and Development may subscribe with22 out fiscal year limitation to the callable capital portion of 

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

24 not to exceed $2,249,888. 
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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 Inter5 national Fund for Agricultural Development, 

6 $15,000,000, to remain available until expended. 

7 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

8 For necessary expenses to carry out the provisions 

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

10 of section 2 of the United Nations Environment Program 

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

12 none of the funds appropriated under this heading may 

13 be made available to the International Atomic Energy 

14 Agency (IAEA). 

15 TITLE V—GENERAL PROVISIONS 

16 COMPENSATION FOR UNITED STATES EXECUTIVE

17 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

18 SEC. 501. (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 

21 institution is compensated by the institution at a rate 

22 which, together with whatever compensation such Director 

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

24 provided for an individual occupying a position at level IV 

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

26 United States Code, or while any alternate United States 
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1 Director to such institution is compensated by the institu2 tion at a rate in excess of the rate provided for an indi3 vidual occupying a position at level V of the Executive 

4 Schedule under section 5316 of title 5, United States 

5 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 De10 velopment Fund, the African Development Bank, the Afri11 can Development Fund, the International Monetary Fund, 

12 the North American Development Bank, and the Euro13 pean Bank for Reconstruction and Development. 

14 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO

15 UNITED NATIONS AGENCIES

16 SEC. 502. 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. 503. Of the funds appropriated or made avail24 able pursuant to this Act, not to exceed $100,500 shall 

25 be for official residence expenses of the United States 

26 Agency for International Development during the current 
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1 fiscal year: Provided, That appropriate steps shall be 

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

3 United States-owned foreign currencies are utilized in lieu 

4 of dollars. 

5 LIMITATION ON EXPENSES

6 SEC. 504. Of the funds appropriated or made avail7 able pursuant to this Act, not to exceed $5,000 shall be 

8 for entertainment expenses of the United States Agency 

9 for International Development during the current fiscal 

10 year. 

11 LIMITATION ON REPRESENTATIONAL ALLOWANCES

12 SEC. 505. Of the funds appropriated or made avail13 able pursuant to this Act, not to exceed $125,000 shall 

14 be available for representation allowances for the United 

15 States Agency for International Development during the 

16 current fiscal year: Provided, That appropriate steps shall 

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

18 United States-owned foreign currencies are utilized in lieu 

19 of dollars: Provided further, That of the funds made avail20 able by this Act for general costs of administering military 

21 assistance and sales under the heading ‘‘Foreign Military 

22 Financing Program’’, not to exceed $4,000 shall be avail23 able for entertainment expenses and not to exceed 

24 $130,000 shall be available for representation allowances: 

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

26 Act under the heading ‘‘International Military Education 
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1 and Training’’, not to exceed $55,000 shall be available 

2 for entertainment allowances: Provided further, That of 

3 the funds made available by this Act for the Inter-Amer4 ican Foundation, not to exceed $2,000 shall be available 

5 for entertainment and representation allowances: Provided 

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

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

8 available for entertainment expenses: Provided further,

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

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

11 $4,000 shall be available for representation and entertain12 ment allowances: Provided further, That of the funds made 

13 available by this Act under the heading ‘‘Millennium Chal14 lenge Corporation’’, not to exceed $115,000 shall be avail15 able for representation and entertainment allowances. 

16 PROHIBITION ON TAXATION OF UNITED STATES

17 ASSISTANCE

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

19 the funds appropriated by this Act may be made available 

20 to provide assistance for a foreign country under a new 

21 bilateral agreement governing the terms and conditions 

22 under which such assistance is to be provided unless such 

23 agreement includes a provision stating that assistance pro24 vided by the United States shall be exempt from taxation, 

25 or reimbursed, by the foreign government, and the Sec26 retary of State shall expeditiously seek to negotiate 
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1 amendments to existing bilateral agreements, as nec2 essary, to conform with this requirement. 

3 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 

4 amount equivalent to 200 percent of the total taxes as5 sessed during fiscal year 2006 on funds appropriated by 

6 this Act by a foreign government or entity against com7 modities financed under United States assistance pro8 grams for which funds are appropriated by this Act, either 

9 directly or through grantees, contractors and subcontrac10 tors shall be withheld from obligation from funds appro11 priated for assistance for fiscal year 2007 and allocated 

12 for the central government of such country and for the 

13 West Bank and Gaza Program to the extent that the Sec14 retary of State certifies and reports in writing to the Com15 mittees on Appropriations that such taxes have not been 

16 reimbursed to the Government of the United States. 

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

18 minimis nature shall not be subject to the provisions of 

19 subsection (b). 

20 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

21 from obligation for each country or entity pursuant to sub22 section (b) shall be reprogrammed for assistance to coun23 tries which do not assess taxes on United States assistance 

24 or which have an effective arrangement that is providing 

25 substantial reimbursement of such taxes. 
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1 (e) DETERMINATIONS.—

2 (1) The provisions of this section shall not 

3 apply to any country or entity the Secretary of State 

4 determines—

5 (A) does not assess taxes on United States 

6 assistance or which has an effective arrange7 ment that is providing substantial reimburse8 ment of such taxes; or 

9 (B) the foreign policy interests of the 

10 United States outweigh the policy of this sec11 tion to ensure that United States assistance is 

12 not subject to taxation. 

13 (2) The Secretary of State shall consult with 

14 the Committees on Appropriations at least 15 days 

15 prior to exercising the authority of this subsection 

16 with regard to any country or entity. 

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

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

19 to implement the prohibition against the taxation of assist20 ance contained in this section. 

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

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

23 value added taxes and customs duties imposed on 

24 commodities financed with United States assistance 
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1 for programs for which funds are appropriated by 

2 this Act; and 

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

4 framework bilateral agreement between the Govern5 ment of the United States and the government of 

6 the country receiving assistance that describes the 

7 privileges and immunities applicable to United 

8 States foreign assistance for such country generally, 

9 or an individual agreement between the Government 

10 of the United States and such government that de11 scribes, among other things, the treatment for tax 

12 purposes that will be accorded the United States as13 sistance provided under that agreement. 

14 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

15 COUNTRIES

16 SEC. 507. None of the funds appropriated or other17 wise made available pursuant to this Act shall be obligated 

18 or expended to finance directly any assistance or repara19 tions to Cuba, Libya, North Korea, Iran, or Syria: Pro20 vided, That for purposes of this section, except with re21 spect to Libya, the prohibition on obligations or expendi22 tures shall include direct loans, credits, insurance and 

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

24 MILITARY COUPS

25 SEC. 508. 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 gov2 ernment of any country whose duly elected head of govern3 ment is deposed by military coup or decree: Provided, That 

4 assistance may be resumed to such government if the 

5 President determines and certifies to the Committees on 

6 Appropriations that subsequent to the termination of as7 sistance a democratically elected government has taken of8 fice: Provided further, That the provisions of this section 

9 shall not apply to assistance to promote democratic elec10 tions or public participation in democratic processes: Pro11 vided further, That funds made available pursuant to the 

12 previous provisos shall be subject to the regular notifica13 tion procedures of the Committees on Appropriations. 

14 TRANSFERS

15 SEC. 509. (a)(1) LIMITATION ON TRANSFERS BE16 TWEEN AGENCIES.—None of the funds made available by 

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

18 or instrumentality of the United States Government, ex19 cept pursuant to a transfer made by, or transfer authority 

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

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

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

23 funds appropriated by this Act to carry out the purposes 

24 of the Foreign Assistance Act of 1961 may be allocated 

25 or transferred to agencies of the United States Govern-
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1 ment pursuant to the provisions of sections 109, 610, and 

2 632 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 

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

8 to the exercise of any authority contained in the Foreign 

9 Assistance Act of 1961 to transfer funds, consults with 

10 and provides a written policy justification to the Commit11 tees on Appropriations of the House of Representatives 

12 and the 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 

16 the United States Agency for International Development 

17 and another agency of the United States Government 

18 under the authority of section 632(a) of the Foreign As19 sistance Act of 1961 or any comparable provision of law, 

20 shall expressly provide that the Office of the Inspector 

21 General for the agency receiving the transfer or allocation 

22 of such funds shall perform periodic program and financial 

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

24 transferred under such authority may be made available 

25 for the cost of such audits. 
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1 COMMERCIAL LEASING OF DEFENSE ARTICLES

2 SEC. 510. Notwithstanding any other provision of law 

3 that restricts assistance to foreign countries, and subject 

4 to the regular notification procedures of the Committees 

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

6 Arms Export Control Act may be used to provide financ7 ing to Israel, Egypt and NATO and major non-NATO al8 lies for the procurement by leasing (including leasing with 

9 an option to purchase) of defense articles from United 

10 States commercial suppliers, not including Major Defense 

11 Equipment (other than helicopters and other types of air12 craft having possible civilian application), if the President 

13 determines that there are compelling foreign policy or na14 tional security reasons for those defense articles being pro15 vided by commercial lease rather than by government-to16 government sale under such Act. 

17 AVAILABILITY OF FUNDS

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

19 this Act shall remain available for obligation after the ex20 piration of the current fiscal year unless expressly so pro21 vided in this Act: Provided, That funds appropriated for 

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

23 667, chapters 4, 6, 8, and 9 of part II of the Foreign 

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

25 Control Act, and funds provided under the heading ‘‘As26 sistance for Eastern Europe and the Baltic States’’, shall 
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1 remain available for an additional 4 years from the date 

2 on which the availability of such funds would otherwise 

3 have expired, if such funds are initially obligated before 

4 the expiration of their respective periods of availability 

5 contained in this Act: Provided further, That, notwith6 standing any other provision of this Act, any funds made 

7 available for the purposes of chapter 1 of part I and chap8 ter 4 of part II of the Foreign Assistance Act of 1961 

9 which are allocated or obligated for cash disbursements 

10 in order to address balance of payments or economic policy 

11 reform objectives, shall remain available until expended. 

12 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

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

14 this Act shall be used to furnish assistance to the govern15 ment of any country which is in default during a period 

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

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

18 government of such country by the United States pursuant 

19 to a program for which funds are appropriated under this 

20 Act unless the President determines, following consulta21 tions with the Committees on Appropriations, that assist22 ance to such country is in the national interest of the 

23 United States. 

24 COMMERCE AND TRADE

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

26 made available pursuant to this Act for direct assistance 
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1 and none of the funds otherwise made available pursuant 

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

3 Private Investment Corporation shall be obligated or ex4 pended to finance any loan, any assistance or any other 

5 financial commitments for establishing or expanding pro6 duction of any commodity for export by any country other 

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

8 in surplus on world markets at the time the resulting pro9 ductive capacity is expected to become operative and if the 

10 assistance will cause substantial injury to United States 

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

12 Provided, That such prohibition shall not apply to the Ex13 port-Import Bank if in the judgment of its Board of Direc14 tors the benefits to industry and employment in the 

15 United States are likely to outweigh the injury to United 

16 States producers of the same, similar, or competing com17 modity, and the Chairman of the Board so notifies the 

18 Committees on Appropriations. 

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

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

21 Assistance Act of 1961 shall be available for any testing 

22 or breeding feasibility study, variety improvement or intro23 duction, consultancy, publication, conference, or training 

24 in connection with the growth or production in a foreign 

25 country of an agricultural commodity for export which 
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1 would compete with a similar commodity grown or pro2 duced in the United States: Provided, That this subsection 

3 shall not prohibit—

4 (1) activities designed to increase food security 

5 in developing countries where such activities will not 

6 have a significant impact on the export of agricul7 tural commodities of the United States; or 

8 (2) research activities intended primarily to 

9 benefit American producers. 

10 SURPLUS COMMODITIES

11 SEC. 514. The Secretary of the Treasury shall in12 struct the United States Executive Directors of the Inter13 national Bank for Reconstruction and Development, the 

14 International Development Association, the International 

15 Finance Corporation, the Inter-American Development 

16 Bank, the International Monetary Fund, the Asian Devel17 opment Bank, the Inter-American Investment Corpora18 tion, the North American Development Bank, the Euro19 pean Bank for Reconstruction and Development, the Afri20 can Development Bank, and the African Development 

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

22 oppose any assistance by these institutions, using funds 

23 appropriated or made available pursuant to this Act, for 

24 the production or extraction of any commodity or mineral 

25 for export, if it is in surplus on world markets and if the 
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1 assistance will cause substantial injury to United States 

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

3 NOTIFICATION REQUIREMENTS

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

5 branch with the necessary administrative flexibility, none 

6 of the funds made available under this Act for ‘‘Child Sur7 vival and Health Programs Fund’’, ‘‘Development Assist8 ance’’, ‘‘International Organizations and Programs’’, 

9 ‘‘Trade and Development Agency’’, ‘‘International Nar10 cotics Control and Law Enforcement’’, ‘‘Andean 

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

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

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

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

15 Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Ex16 penses of the United States Agency for International De17 velopment’’, ‘‘Operating Expenses of the United States 

18 Agency for International Development Office of Inspector 

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

20 and Related Programs’’, ‘‘Millennium Challenge Corpora21 tion’’ (by country only), ‘‘Foreign Military Financing Pro22 gram’’, ‘‘International Military Education and Training’’, 

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

24 shall be available for obligation for activities, programs, 

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

26 operations not justified or in excess of the amount justi-
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1 fied to the Committees on Appropriations for obligation 

2 under any of these specific headings unless the Commit3 tees on Appropriations of both Houses of Congress are 

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

5 President shall not enter into any commitment of funds 

6 appropriated for the purposes of section 23 of the Arms 

7 Export Control Act for the provision of major defense 

8 equipment, other than conventional ammunition, or other 

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

10 or combat vehicles, not previously justified to Congress or 

11 20 percent in excess of the quantities justified to Congress 

12 unless the Committees on Appropriations are notified 15 

13 days in advance of such commitment: Provided further, 

14 That this section shall not apply to any reprogramming 

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

16 appropriated under title II of this Act of less than 10 per17 cent of the amount previously justified to the Congress 

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

19 current fiscal year: Provided further, That the require20 ments of this section or any similar provision of this Act 

21 or any other Act, including any prior Act requiring notifi22 cation in accordance with the regular notification proce23 dures of the Committees on Appropriations, may be 

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

25 to human health or welfare: Provided further, That in case 
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1 of any such waiver, notification to the Congress, or the 

2 appropriate congressional committees, shall be provided as 

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

4 taking the action to which such notification requirement 

5 was applicable, in the context of the circumstances neces6 sitating such waiver: Provided further, That any notifica7 tion provided pursuant to such a waiver shall contain an 

8 explanation of the emergency circumstances. 

9 LIMITATION ON AVAILABILITY OF FUNDS FOR

10 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

11 SEC. 516. Subject to the regular notification proce12 dures of the Committees on Appropriations, funds appro13 priated under this Act or any previously enacted Act mak14 ing appropriations for foreign operations, export financ15 ing, and related programs, which are returned or not made 

16 available for organizations and programs because of the 

17 implementation of section 307(a) of the Foreign Assist18 ance Act of 1961, shall remain available for obligation 

19 until September 30, 2007. 

20 INDEPENDENT STATES OF THE FORMER SOVIET UNION

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

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

23 Former Soviet Union’’ shall be made available for assist24 ance for a government of an Independent State of the 

25 former Soviet Union—
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1 (1) unless that government is making progress 

2 in implementing comprehensive economic reforms 

3 based on market principles, private ownership, re4 spect for commercial contracts, and equitable treat5 ment of foreign private investments; and 

6 (2) if that government applies or transfers 

7 United States assistance to any entity for the pur8 pose of expropriating or seizing ownership or control 

9 of assets, investments, or ventures. 

10 Assistance may be furnished without regard to this sub11 section if the President determines that to do so is in the 

12 national interest. 

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

14 ‘‘Assistance for the Independent States of the Former So15 viet Union’’ shall be made available for assistance for a 

16 government of an Independent State of the former Soviet 

17 Union if that government directs any action in violation 

18 of the territorial integrity or national sovereignty of any 

19 other Independent State of the former Soviet Union, such 

20 as those violations included in the Helsinki Final Act: Pro21 vided, That such funds may be made available without re22 gard to the restriction in this subsection if the President 

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

24 of the United States. 
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1 (c) None of the funds appropriated under the heading 

2 ‘‘Assistance for the Independent States of the Former So3 viet Union’’ shall be made available for any state to en4 hance its military capability: Provided, That this restric5 tion does not apply to demilitarization, demining or non6 proliferation programs. 

7 (d) Funds appropriated under the heading ‘‘Assist8 ance for the Independent States of the Former Soviet 

9 Union’’ for the Russian Federation, Armenia, 

10 Kazakhstan, and Uzbekistan shall be subject to the reg11 ular notification procedures of the Committees on Appro12 priations. 

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

14 for the Independent States of the former Soviet Union 

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

16 to environment and natural resources) of the Foreign As17 sistance Act of 1961. 

18 (f) In issuing new task orders, entering into con19 tracts, or making grants, with funds appropriated in this 

20 Act or prior appropriations Acts under the heading ‘‘As21 sistance for the Independent States of the Former Soviet 

22 Union’’ and under comparable headings in prior appro23 priations Acts, for projects or activities that have as one 

24 of their primary purposes the fostering of private sector 

25 development, the Coordinator for United States Assistance 
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1 to Europe and Eurasia and the implementing agency shall 

2 encourage the participation of and give significant weight 

3 to contractors and grantees who propose investing a sig4 nificant amount of their own resources (including volun5 teer services and in-kind contributions) in such projects 

6 and activities. 

7 PROHIBITION ON FUNDING FOR ABORTIONS AND

8 INVOLUNTARY STERILIZATION

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

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

11 amended, may be used to pay for the performance of abor12 tions as a method of family planning or to motivate or 

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

14 made available to carry out part I of the Foreign Assist15 ance Act of 1961, as amended, may be used to pay for 

16 the performance of involuntary sterilization as a method 

17 of family planning or to coerce or provide any financial 

18 incentive to any person to undergo sterilizations. None of 

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

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

21 for any biomedical research which relates in whole or in 

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

23 involuntary sterilization as a means of family planning. 

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

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

26 obligated or expended for any country or organization if 
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1 the President certifies that the use of these funds by any 

2 such country or organization would violate any of the 

3 above provisions related to abortions and involuntary steri4 lizations. 

5 EXPORT FINANCING TRANSFER AUTHORITIES

6 SEC. 519. Not to exceed 5 percent of any appropria7 tion other than for administrative expenses made available 

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

9 Act may be transferred between such appropriations for 

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

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

12 but no such appropriation, except as otherwise specifically 

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

14 any such transfer: Provided, That the exercise of such au15 thority shall be subject to the regular notification proce16 dures of the Committees on Appropriations. 

17 SPECIAL NOTIFICATION REQUIREMENTS

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

19 shall be obligated or expended for Serbia, Sudan, 

20 Zimbabwe, or Pakistan, except as provided through the 

21 regular notification procedures of the Committees on Ap22 propriations. 

23 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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

25 project, and activity’’ shall be defined at the appropria26 tions Act account level and shall include all appropriations 
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1 and authorizations Acts earmarks, ceilings, and limita2 tions with the exception that for the following accounts: 

3 Economic Support Fund and Foreign Military Financing 

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

5 considered to include country, regional, and central pro6 gram level funding within each such account; for the devel7 opment assistance accounts of the United States Agency 

8 for International Development ‘‘program, project, and ac9 tivity’’ shall also be considered to include central, country, 

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

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

12 in accordance with a report, to be provided to the Commit13 tees on Appropriations within 30 days of the enactment 

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

15 Assistance Act of 1961. 

16 CHILD SURVIVAL AND HEALTH ACTIVITIES

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

18 available by this Act for assistance under the heading 

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

20 used to reimburse United States Government agencies, 

21 agencies of State governments, institutions of higher 

22 learning, and private and voluntary organizations for the 

23 full cost of individuals (including for the personal services 

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

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

26 International Development for the purpose of carrying out 
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1 activities under that heading: Provided, That up to 

2 $3,500,000 of the funds made available by this Act for 

3 assistance under the heading ‘‘Development Assistance’’ 

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

5 organizations for such costs of such individuals carrying 

6 out other development assistance activities: Provided fur7 ther, That funds appropriated by titles II and III of this 

8 Act that are made available for bilateral assistance for 

9 child survival activities or disease programs including ac10 tivities relating to research on, and the prevention, treat11 ment and control of, HIV/AIDS may be made available 

12 notwithstanding any provision of the Foreign Assistance 

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

14 assistance to foreign countries except for the provisions 

15 under the heading ‘‘Child Survival and Health Programs 

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

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

18 711; 22 U.S.C. 7601 et seq.), as amended. 

19 AFGHANISTAN

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

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

22 available for humanitarian, reconstruction, and related as23 sistance for Afghanistan: Provided, That of the funds allo24 cated for assistance for Afghanistan from this Act and 

25 other Acts making appropriations for foreign operations, 

26 export financing, and related programs for fiscal year 
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1 2006, not less than $50,000,000 should be made available 

2 to support programs that directly address the needs of Af3 ghan women and girls. 

4 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

5 SEC. 524. Prior to providing excess Department of 

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

7 Foreign Assistance Act of 1961, the Department of De8 fense shall notify the Committees on Appropriations to the 

9 same extent and under the same conditions as are other 

10 committees pursuant to subsection (f) of that section: Pro11 vided, That before issuing a letter of offer to sell excess 

12 defense articles under the Arms Export Control Act, the 

13 Department of Defense shall notify the Committees on 

14 Appropriations in accordance with the regular notification 

15 procedures of such Committees if such defense articles are 

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

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

18 of original acquisition cost) at $7,000,000 or more, or if 

19 notification is required elsewhere in this Act for the use 

20 of appropriated funds for specific countries that would re21 ceive such excess defense articles: Provided further, That 

22 such Committees shall also be informed of the original ac23 quisition cost of such defense articles. 

24 HIV/AIDS

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

26 of this Act, 25 percent of the funds that are appropriated 
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1 by this Act for a contribution to support the Global Fund 

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

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

4 Fund until the Secretary of State certifies to the Commit5 tees on Appropriations that the Global Fund—

6 (1) has established clear progress indicators 

7 upon which to determine the release of incremental 

8 disbursements; 

9 (2) is releasing such incremental disbursements 

10 only if positive results have been attained based on 

11 those indicators; and 

12 (3) is providing support and oversight to coun13 try-level entities, such as country coordinating mech14 anisms, principal recipients, and local Fund agents, 

15 to enable them to fulfill their mandates. 

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

17 of this subsection if she determines and reports to the 

18 Committees on Appropriations that such waiver is impor19 tant to the national interest of the United States. 

20 DEMOCRACY PROGRAMS

21 SEC. 526. (a) Not less than $27,000,000 of the funds 

22 appropriated by this Act under the heading ‘‘Economic 

23 Support Fund’’ should be allocated for the Human Rights 

24 and Democracy Fund: Provided, That up to $1,200,000 

25 may be used for the Reagan/Fascell Democracy Fellows 

26 program. 
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1 (b) Notwithstanding any other provision of law that 

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

3 of the funds appropriated by this Act under the heading 

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

5 grants to educational, humanitarian, and nongovern6 mental organizations and individuals inside Iran and Syria 

7 to support the advancement of democracy and human 

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

9 through the National Endowment for Democracy. 

10 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

11 COUNTRIES

12 SEC. 527. (a) Funds appropriated for bilateral assist13 ance under any heading of this Act and funds appro14 priated under any such heading in a provision of law en15 acted prior to the enactment of this Act, shall not be made 

16 available to any country which the President determines—

17 (1) grants sanctuary from prosecution to any 

18 individual or group which has committed an act of 

19 international terrorism; or 

20 (2) otherwise supports international terrorism. 

21 (b) The President may waive the application of sub22 section (a) to a country if the President determines that 

23 national security or humanitarian reasons justify such 

24 waiver. The President shall publish each waiver in the 

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

26 takes effect, shall notify the Committees on Appropria-
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1 tions of the waiver (including the justification for the waiv2 er) in accordance with the regular notification procedures 

3 of the Committees on Appropriations. 

4 DEBT-FOR-DEVELOPMENT

5 SEC. 528. In order to enhance the continued partici6 pation of nongovernmental organizations in debt-for-devel7 opment and debt-for-nature exchanges, a nongovern8 mental organization which is a grantee or contractor of 

9 the United States Agency for International Development 

10 may place in interest bearing accounts local currencies 

11 which accrue to that organization as a result of economic 

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

13 to the regular notification procedures of the Committees 

14 on Appropriations, any interest earned on such investment 

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

16 provided to that organization. 

17 SEPARATE ACCOUNTS

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

19 CURRENCIES.—(1) If assistance is furnished to the gov20 ernment of a foreign country under chapters 1 and 10 of 

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

22 Act of 1961 under agreements which result in the genera23 tion of local currencies of that country, the Administrator 

24 of the United States Agency for International Develop25 ment shall—
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1 (A) require that local currencies be deposited in 

2 a separate account established by that government; 

3 (B) enter into an agreement with that govern4 ment which sets forth—

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

6 generated; and 

7 (ii) the terms and conditions under which 

8 the currencies so deposited may be utilized, con9 sistent with this section; and 

10 (C) establish by agreement with that govern11 ment the responsibilities of the United States Agen12 cy for International Development and that govern13 ment to monitor and account for deposits into and 

14 disbursements from the separate account. 

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

16 upon with the foreign government, local currencies depos17 ited in a separate account pursuant to subsection (a), or 

18 an equivalent amount of local currencies, shall be used 

19 only—

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

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

22 purposes as—

23 (i) project and sector assistance activities; 

24 or 

25 (ii) debt and deficit financing; or 
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1 (B) for the administrative requirements of the 

2 United States Government. 

3 (3) PROGRAMMING ACCOUNTABILITY.—The United 

4 States Agency for International Development shall take all 

5 necessary steps to ensure that the equivalent of the local 

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

7 from the separate account established pursuant to sub8 section (a)(1) are used for the purposes agreed upon pur9 suant to subsection (a)(2). 

10 (4) TERMINATION OF ASSISTANCE PROGRAMS.—

11 Upon termination of assistance to a country under chapter 

12 1 or 10 of part I or chapter 4 of part II (as the case 

13 may be), any unencumbered balances of funds which re14 main in a separate account established pursuant to sub15 section (a) shall be disposed of for such purposes as may 

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

17 United States Government. 

18 (5) REPORTING REQUIREMENT.—The Administrator 

19 of the United States Agency for International Develop20 ment shall report on an annual basis as part of the jus21 tification documents submitted to the Committees on Ap22 propriations on the use of local currencies for the adminis23 trative requirements of the United States Government as 

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

25 include the amount of local currency (and United States 
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1 dollar equivalent) used and/or to be used for such purpose 

2 in each applicable country. 

3 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—

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

5 a foreign country, under chapter 1 or 10 of part I or chap6 ter 4 of part II of the Foreign Assistance Act of 1961, 

7 as cash transfer assistance or as nonproject sector assist8 ance, that country shall be required to maintain such 

9 funds in a separate account and not commingle them with 

10 any other funds. 

11 (2) APPLICABILITY OF OTHER PROVISIONS OF

12 LAW.—Such funds may be obligated and expended not13 withstanding provisions of law which are inconsistent with 

14 the nature of this assistance including provisions which 

15 are referenced in the Joint Explanatory Statement of the 

16 Committee of Conference accompanying House Joint Res17 olution 648 (House Report No. 98–1159). 

18 (3) NOTIFICATION.—At least 15 days prior to obli19 gating any such cash transfer or nonproject sector assist20 ance, the President shall submit a notification through the 

21 regular notification procedures of the Committees on Ap22 propriations, which shall include a detailed description of 

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

24 with a discussion of the United States interests that will 

25 be served by the assistance (including, as appropriate, a 
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1 description of the economic policy reforms that will be pro2 moted by such assistance). 

3 (4) EXEMPTION.—Nonproject sector assistance funds 

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

5 only through the notification procedures of the Commit6 tees on Appropriations. 

7 ENTERPRISE FUND RESTRICTIONS

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

9 resulting from any liquidation, dissolution, or winding up 

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

11 shall submit to the Committees on Appropriations, in ac12 cordance with the regular notification procedures of the 

13 Committees on Appropriations, a plan for the distribution 

14 of the assets of the Enterprise Fund. 

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

16 Funds shall be expended at the minimum rate necessary 

17 to make timely payment for projects and activities. 

18 FINANCIAL MARKET ASSISTANCE IN TRANSITION

19 COUNTRIES

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

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

22 ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, 

23 ‘‘Economic Support Fund’’, ‘‘International Affairs Tech24 nical Assistance’’, ‘‘Assistance for the Independent States 

25 of the Former Soviet Union’’, ‘‘Nonproliferation, Anti-ter26 rorism, Demining and Related Programs’’, and ‘‘Assist-
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1 ance for Eastern Europe and Baltic States’’, not less than 

2 $40,000,000 should be made available for building capital 

3 markets and financial systems in countries in transition. 

4 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

5 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

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

7 provisions of this Act, and provisions contained in prior 

8 Acts authorizing or making appropriations for foreign op9 erations, export financing, and related programs, shall not 

10 be construed to prohibit activities authorized by or con11 ducted under the Peace Corps Act, the Inter-American 

12 Foundation Act or the African Development Foundation 

13 Act. The agency shall promptly report to the Committees 

14 on Appropriations whenever it is conducting activities or 

15 is proposing to conduct activities in a country for which 

16 assistance is prohibited. 

17 IMPACT ON JOBS IN THE UNITED STATES

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

19 may be obligated or expended to provide—

20 (1) any financial incentive to a business enter21 prise currently located in the United States for the 

22 purpose of inducing such an enterprise to relocate 

23 outside the United States if such incentive or in24 ducement is likely to reduce the number of employ25 ees of such business enterprise in the United States 
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1 because United States production is being replaced 

2 by such enterprise outside the United States; or 

3 (2) assistance for any program, project, or ac4 tivity that contributes to the violation of internation5 ally recognized workers rights, as defined in section 

6 507(4) of the Trade Act of 1974, of workers in the 

7 recipient country, including any designated zone or 

8 area in that country: Provided, That the application 

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

10 commensurate with the level of development of the 

11 recipient country and sector, and shall not preclude 

12 assistance for the informal sector in such country, 

13 micro and small-scale enterprise, and smallholder 

14 agriculture. 

15 SPECIAL AUTHORITIES

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

17 MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, 

18 AND DISPLACED BURMESE.—Funds appropriated by this 

19 Act that are made available for assistance for Afghanistan 

20 may be made available notwithstanding section 512 of this 

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

22 Foreign Assistance Act of 1961, and funds appropriated 

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

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

25 displaced children, and displaced Burmese, and to assist 

26 victims of trafficking in persons and, subject to the regular 
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1 notification procedures of the Committees on Appropria2 tions, to combat such trafficking, may be made available 

3 notwithstanding any other provision of law that restricts 

4 assistance to foreign countries and section 660 of the For5 eign Assistance Act of 1961. 

6 (b) TROPICAL FORESTRY AND BIODIVERSITY CON7 SERVATION ACTIVITIES.—Funds appropriated by this Act 

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

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

10 of 1961 may be used, notwithstanding any other provision 

11 of law that restricts assistance to foreign countries and 

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

13 the purpose of supporting tropical forestry and biodiver14 sity conservation activities and energy programs aimed at 

15 reducing greenhouse gas emissions: Provided, That such 

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

17 620A of the Foreign Assistance Act of 1961. 

18 (c) PERSONAL SERVICES CONTRACTORS.—Funds ap19 propriated by this Act to carry out chapter 1 of part I, 

20 chapter 4 of part II, and section 667 of the Foreign As21 sistance Act of 1961, and title II of the Agricultural Trade 

22 Development and Assistance Act of 1954, may be used 

23 by the United States Agency for International Develop24 ment to employ up to 25 personal services contractors in 

25 the United States, for the purpose of providing direct, in-
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1 terim support for new or expanded overseas programs and 

2 activities managed by the agency until permanent direct 

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

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

5 bureau or office: Provided further, That such funds appro6 priated to carry out title II of the Agricultural Trade De7 velopment and Assistance Act of 1954, may be made avail8 able only for personal services contractors assigned to the 

9 Office of Food for Peace. 

10 (d)(1) WAIVER.—The President may waive the provi11 sions of section 1003 of Public Law 100–204 if the Presi12 dent determines and certifies in writing to the Speaker 

13 of the House of Representatives and the President pro 

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

15 security interests of the United States. 

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

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

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

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

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

21 award indefinite-quantity contracts with funds appro22 priated by this Act, the United States Agency for Inter23 national Development may provide an exception to the fair 

24 opportunity process for placing task orders under such 
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1 contracts when the order is placed with any category of 

2 small or small disadvantaged business. 

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

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

5 of section 451 of the Foreign Assistance Act of 1961, not6 withstanding the funding ceiling in section 451(a). 

7 (g) RECONSTITUTING CIVILIAN POLICE AUTHOR8 ITY.—In providing assistance with funds appropriated by 

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

10 Act of 1961, support for a nation emerging from insta11 bility may be deemed to mean support for regional, dis12 trict, municipal, or other sub-national entity emerging 

13 from instability, as well as a nation emerging from insta14 bility. 

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

16 by the Bureau for Democracy, Conflict, and Humanitarian 

17 Assistance of the United States Agency for International 

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

19 $6,000,000 shall be made available as a general contribu20 tion to the World Food Program, notwithstanding any 

21 other provision of law that restricts assistance to foreign 

22 countries. 

23 (i) NATIONAL ENDOWMENT FOR DEMOCRACY.—

24 Funds appropriated by this Act that are provided to the 

25 National Endowment for Democracy may be provided not-
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1 withstanding any other provision of law or regulation that 

2 restricts assistance to foreign countries.

3 ARAB LEAGUE BOYCOTT OF ISRAEL

4 SEC. 535. 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 re15 lations with their neighbor Israel; 

16 (4) the President and the Secretary of State 

17 should continue to vigorously oppose the Arab 

18 League boycott of Israel and find concrete steps to 

19 demonstrate that opposition by, for example, taking 

20 into consideration the participation of any recipient 

21 country in the boycott when determining to sell 

22 weapons 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, includ2 ing those to encourage allies and trading partners of 

3 the United States to enact laws prohibiting busi4 nesses from complying with the boycott and penal5 izing businesses that do comply. 

6 ELIGIBILITY FOR ASSISTANCE

7 SEC. 536. (a) ASSISTANCE THROUGH NONGOVERN8 MENTAL ORGANIZATIONS.—Restrictions on assistance for 

9 foreign countries contained in this or any other Act shall 

10 not be construed to restrict assistance in support of pro11 grams 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 

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

15 appropriated under the heading ‘‘Assistance for Eastern 

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

17 using the authority of this subsection to furnish assistance 

18 in support of programs of nongovernmental organizations, 

19 the President shall notify the Committees on Appropria20 tions under the regular notification procedures of those 

21 committees, including a description of the program to be 

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

23 for furnishing such assistance: Provided further, That 

24 nothing in this subsection shall be construed to alter any 

25 existing statutory prohibitions against abortion or involun26 tary sterilizations contained in this or any other Act. 
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1 (b) PUBLIC LAW 480.—During fiscal year 2006, re2 strictions on assistance to foreign countries contained in 

3 this or any other Act 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 sup14 port international terrorism; or 

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

16 Assistance Act of 1961 or any comparable provision 

17 of law prohibiting assistance to the government of a 

18 country that violates internationally recognized 

19 human rights. 

20 RESERVATIONS OF FUNDS

21 SEC. 537. (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 Act or any other provision 

26 contained in prior Acts authorizing or making appropria-
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1 tions for foreign operations, export financing, and related 

2 programs: Provided, That any such reprogramming shall 

3 be subject to the regular notification procedures of the 

4 Committees on Appropriations: Provided further, That as5 sistance that is reprogrammed pursuant to this subsection 

6 shall be made available under the same terms and condi7 tions as originally provided. 

8 (b) In addition to the authority contained in sub9 section (a), the original period of availability of funds ap10 propriated by this Act and administered by the United 

11 States Agency for International Development that are ear12 marked for particular programs or activities by this or any 

13 other Act shall be extended for an additional fiscal year 

14 if the Administrator of such agency determines and re15 ports promptly to the Committees on Appropriations that 

16 the termination of assistance to a country or a significant 

17 change in circumstances makes it unlikely that such ear18 marked funds can be obligated during the original period 

19 of availability: Provided, That such earmarked funds that 

20 are continued available for an additional fiscal year shall 

21 be obligated only for the purpose of such earmark. 

22 CEILINGS AND EARMARKS

23 SEC. 538. Ceilings and earmarks contained in this 

24 Act shall not be applicable to funds or authorities appro25 priated or otherwise made available by any subsequent Act 

26 unless such Act specifically so directs. Earmarks or min-
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1 imum funding requirements contained in any other Act 

2 shall not be applicable to funds appropriated by this Act. 

3 PROHIBITION ON PUBLICITY OR PROPAGANDA

4 SEC. 539. No part of any appropriation contained in 

5 this Act shall be used for publicity or propaganda purposes 

6 within the United States not authorized before the date 

7 of the enactment of this Act by the Congress. 

8 PROHIBITION OF PAYMENTS TO UNITED NATIONS

9 MEMBERS

10 SEC. 540. None of the funds appropriated or made 

11 available pursuant to this Act for carrying out the Foreign 

12 Assistance Act of 1961, may be used to pay in whole or 

13 in part any assessments, arrearages, or dues of any mem14 ber of the United Nations or, from funds appropriated by 

15 this Act to carry out chapter 1 of part I of the Foreign 

16 Assistance Act of 1961, the costs for participation of an17 other country’s delegation at international conferences 

18 held under the auspices of multilateral or international or19 ganizations. 

20 NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION

21 SEC. 541. None of the funds appropriated or made 

22 available pursuant to this Act shall be available to a non23 governmental organization which fails to provide upon 

24 timely request any document, file, or record necessary to 

25 the auditing requirements of the United States Agency for 

26 International Development. 
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1 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN2 MENTS THAT EXPORT LETHAL MILITARY EQUIP3 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

4 TERRORISM

5 SEC. 542. (a) None of the funds appropriated or oth6 erwise made available by this Act may be available to any 

7 foreign government which provides lethal military equip8 ment to a country the government of which the Secretary 

9 of State has determined is a terrorist government for pur10 poses of section 6(j) of the Export Administration Act of 

11 1979. The prohibition under this section with respect to 

12 a foreign government shall terminate 12 months after that 

13 government ceases to provide such military equipment. 

14 This section applies with respect to lethal military equip15 ment provided under a contract entered into after October 

16 1, 1997. 

17 (b) Assistance restricted by subsection (a) or any 

18 other similar provision of law, may be furnished if the 

19 President determines that furnishing such assistance is 

20 important to the national interests of the United States. 

21 (c) Whenever the waiver authority of subsection (b) 

22 is exercised, the President shall submit to the appropriate 

23 congressional committees a report with respect to the fur24 nishing of such assistance. Any such report shall include 

25 a detailed explanation of the assistance to be provided, in-
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1 cluding the estimated dollar amount of such assistance, 

2 and an explanation of how the assistance furthers United 

3 States national interests. 

4 WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND

5 REAL PROPERTY TAXES OWED BY FOREIGN COUNTRIES

6 SEC. 543. (a) Subject to subsection (c), of the funds 

7 appropriated by this Act that are made available for as8 sistance for a foreign country, an amount equal to 110 

9 percent of the total amount of the unpaid fully adjudicated 

10 parking fines and penalties and unpaid property taxes 

11 owed by the central government of such country shall be 

12 withheld from obligation for assistance for the central gov13 ernment of such country until the Secretary of State sub14 mits a certification to the appropriate congressional com15 mittees stating that such parking fines and penalties and 

16 unpaid property taxes are fully paid. 

17 (b) Funds withheld from obligation pursuant to sub18 section (a) may be made available for other programs or 

19 activities funded by this Act, after consultation with and 

20 subject to the regular notification procedures of the appro21 priate congressional committees, provided that no such 

22 funds shall be made available for assistance for the central 

23 government of a foreign country that has not paid the 

24 total amount of the fully adjudicated parking fines and 

25 penalties and unpaid property taxes owed by such country. 
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1 (c) Subsection (a) shall not include amounts that 

2 have been withheld under any other provision of law. 

3 (d)(1) The Secretary of State may waive the require4 ments set forth in subsection (a) with respect to parking 

5 fines and penalties no sooner than 60 days from the date 

6 of enactment of this Act, or at any time with respect to 

7 a particular country, if the Secretary determines that it 

8 is in the national interests of the United States to do so. 

9 (2) The Secretary of State may waive the require10 ments set forth in subsection (a) with respect to the un11 paid property taxes if the Secretary of State determines 

12 that it is in the national interests of the United States 

13 to do so. 

14 (e) Not later than 6 months after the initial exercise 

15 of the waiver authority in subsection (d), the Secretary 

16 of State, after consultations with the City of New York, 

17 shall submit a report to the Committees on Appropriations 

18 describing a strategy, including a timetable and steps cur19 rently being taken, to collect the parking fines and pen20 alties and unpaid property taxes and interest owed by na21 tions receiving foreign assistance under this Act. 

22 (f) In this section: 

23 (1) The term ‘‘appropriate congressional com24 mittees’’ means the Committee on Appropriations of 
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1 the Senate and the Committee on Appropriations of 

2 the House of Representatives. 

3 (2) The term ‘‘fully adjudicated’’ includes cir4 cumstances in which the person to whom the vehicle 

5 is registered—

6 (A)(i) has not responded to the parking 

7 violation summons; or 

8 (ii) has not followed the appropriate adju9 dication procedure to challenge the summons; 

10 and 

11 (B) the period of time for payment of or 

12 challenge to the summons has lapsed. 

13 (3) The term ‘‘parking fines and penalties’’ 

14 means parking fines and penalties—

15 (A) owed to—

16 (i) the District of Columbia; or 

17 (ii) New York, New York; and 

18 (B) incurred during the period April 1, 

19 1997, through September 30, 2005. 

20 (4) The term ‘‘unpaid property taxes’’ means 

21 the amount of unpaid taxes and interest determined 

22 to be owed by a foreign country on real property in 

23 the District of Columbia or New York, New York in 

24 a court order or judgment entered against such 
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1 country by a court of the United States or any State 

2 or subdivision thereof. 

3 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE

4 WEST BANK AND GAZA

5 SEC. 544. None of the funds appropriated by this Act 

6 may be obligated for assistance for the Palestine Libera7 tion Organization for the West Bank and Gaza unless the 

8 President has exercised the authority under section 604(a) 

9 of the Middle East Peace Facilitation Act of 1995 (title 

10 VI of Public Law 104–107) or any other legislation to sus11 pend or make inapplicable section 307 of the Foreign As12 sistance Act of 1961 and that suspension is still in effect: 

13 Provided, That if the President fails to make the certifi14 cation under section 604(b)(2) of the Middle East Peace 

15 Facilitation Act of 1995 or to suspend the prohibition 

16 under other legislation, funds appropriated by this Act 

17 may not be obligated for assistance for the Palestine Lib18 eration Organization for the West Bank and Gaza. 

19 WAR CRIMES TRIBUNALS DRAWDOWN

20 SEC. 545. If the President determines that doing so 

21 will contribute to a just resolution of charges regarding 

22 genocide or other violations of international humanitarian 

23 law, the President may direct a drawdown pursuant to sec24 tion 552(c) of the Foreign Assistance Act of 1961 of up 

25 to $30,000,000 of commodities and services for the United 

26 Nations War Crimes Tribunal established with regard to 
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1 the former Yugoslavia by the United Nations Security 

2 Council or such other tribunals or commissions as the 

3 Council may establish or authorize to deal with such viola4 tions, without regard to the ceiling limitation contained 

5 in paragraph (2) thereof: Provided, That the determina6 tion required under this section shall be in lieu of any de7 terminations otherwise required under section 552(c): Pro8 vided further, That the drawdown made under this section 

9 for any tribunal shall not be construed as an endorsement 

10 or precedent for the establishment of any standing or per11 manent international criminal tribunal or court: Provided 

12 further, That funds made available for tribunals other 

13 than Yugoslavia, Rwanda, or the Special Court for Sierra 

14 Leone shall be made available subject to the regular notifi15 cation procedures of the Committees on Appropriations. 

16 LANDMINES

17 SEC. 546. Notwithstanding any other provision of law 

18 that restricts assistance to foreign countries, demining 

19 equipment available to the United States Agency for Inter20 national Development and the Department of State and 

21 used in support of the clearance of landmines and 

22 unexploded ordnance for humanitarian purposes may be 

23 disposed of on a grant basis in foreign countries, subject 

24 to such terms and conditions as the President may pre25 scribe. 
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1 RESTRICTIONS CONCERNING THE PALESTINIAN

2 AUTHORITY

3 SEC. 547. None of the funds appropriated by this Act 

4 may be obligated or expended to create in any part of Je5 rusalem a new office of any department or agency of the 

6 United States Government for the purpose of conducting 

7 official United States Government business with the Pal8 estinian Authority over Gaza and Jericho or any successor 

9 Palestinian governing entity provided for in the Israel10 PLO Declaration of Principles: Provided, That this re11 striction shall not apply to the acquisition of additional 

12 space for the existing Consulate General in Jerusalem: 

13 Provided further, That meetings between officers and em14 ployees of the United States and officials of the Pales15 tinian Authority, or any successor Palestinian governing 

16 entity provided for in the Israel-PLO Declaration of Prin17 ciples, for the purpose of conducting official United States 

18 Government business with such authority should continue 

19 to take place in locations other than Jerusalem. As has 

20 been true in the past, officers and employees of the United 

21 States Government may continue to meet in Jerusalem on 

22 other subjects with Palestinians (including those who now 

23 occupy positions in the Palestinian Authority), have social 

24 contacts, and have incidental discussions. 
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1 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

2 SEC. 548. None of the funds appropriated or other3 wise made available by this Act under the heading ‘‘Inter4 national Military Education and Training’’ or ‘‘Foreign 

5 Military Financing Program’’ for Informational Program 

6 activities or under the headings ‘‘Child Survival and 

7 Health Programs Fund’’, ‘‘Development Assistance’’, and 

8 ‘‘Economic Support Fund’’ may be obligated or expended 

9 to pay for—

10 (1) alcoholic beverages; or 

11 (2) entertainment expenses for activities that 

12 are substantially of a recreational character, includ13 ing but not limited to entrance fees at sporting 

14 events, theatrical and musical productions, and 

15 amusement parks. 

16 HAITI

17 SEC. 549. The Government of Haiti shall be eligible 

18 to purchase defense articles and services under the Arms 

19 Export Control Act (22 U.S.C. 2751 et seq.), for the Coast 

20 Guard. 

21 LIMITATION ON ASSISTANCE TO THE PALESTINIAN

22 AUTHORITY

23 SEC. 550. (a) PROHIBITION OF FUNDS.—None of the 

24 funds appropriated by this Act to carry out the provisions 

25 of chapter 4 of part II of the Foreign Assistance Act of 
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1 1961 may be obligated or expended with respect to pro2 viding funds to the Palestinian Authority. 

3 (b) WAIVER.—The prohibition included in subsection 

4 (a) shall not apply if the President certifies in writing to 

5 the Speaker of the House of Representatives and the 

6 President pro tempore of the Senate that waiving such 

7 prohibition is important to the national security interests 

8 of the United States. 

9 (c) PERIOD OF APPLICATION OF WAIVER.—Any 

10 waiver pursuant to subsection (b) shall be effective for no 

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

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

13 (d) REPORT.—Whenever the waiver authority pursu14 ant to subsection (b) is exercised, the President shall sub15 mit a report to the Committees on Appropriations detail16 ing the steps the Palestinian Authority has taken to arrest 

17 terrorists, confiscate weapons and dismantle the terrorist 

18 infrastructure. The report shall also include a description 

19 of how funds will be spent and the accounting procedures 

20 in place to ensure that they are properly disbursed. 

21 LIMITATION ON ASSISTANCE TO SECURITY FORCES

22 SEC. 551. None of the funds made available by this 

23 Act may be provided to any unit of the security forces 

24 of a foreign country if the Secretary of State has credible 

25 evidence that such unit has committed gross violations of 

26 human rights, unless the Secretary determines and reports 
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1 to the Committees on Appropriations that the government 

2 of such country is taking effective measures to bring the 

3 responsible members of the security forces unit to justice: 

4 Provided, That nothing in this section shall be construed 

5 to withhold funds made available by this Act from any 

6 unit of the security forces of a foreign country not credibly 

7 alleged to be involved in gross violations of human rights: 

8 Provided further, That in the event that funds are withheld 

9 from any unit pursuant to this section, the Secretary of 

10 State shall promptly inform the foreign government of the 

11 basis for such action and shall, to the maximum extent 

12 practicable, assist the foreign government in taking effec13 tive measures to bring the responsible members of the se14 curity forces to justice. 

15 FOREIGN MILITARY TRAINING REPORT

16 SEC. 552. The annual foreign military training report 

17 required by section 656 of the Foreign Assistance Act of 

18 1961 shall be submitted by the Secretary of Defense and 

19 the Secretary of State to the Committees on Appropria20 tions of the House of Representatives and the Senate by 

21 the date specified in that section. 

22 AUTHORIZATION REQUIREMENT

23 SEC. 553. Funds appropriated by this Act, except 

24 funds appropriated under the headings ‘‘Trade and Devel25 opment Agency’’, ‘‘Overseas Private Investment Corpora26 tion’’, and ‘‘Global HIV/AIDS Initiative’’, may be obli-
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1 gated and expended notwithstanding section 10 of Public 

2 Law 91–672 and section 15 of the State Department 

3 Basic Authorities Act of 1956. 

4 CAMBODIA

5 SEC. 554. The Secretary of the Treasury should in6 struct the United States executive directors of the inter7 national financial institutions to use the voice and vote 

8 of the United States to oppose loans to the Central Gov9 ernment of Cambodia, except loans to meet basic human 

10 needs. 

11 PALESTINIAN STATEHOOD

12 SEC. 555. (a) LIMITATION ON ASSISTANCE.—None 

13 of the funds appropriated by this Act may be provided 

14 to support a Palestinian state unless the Secretary of 

15 State determines and certifies to the appropriate congres16 sional committees that—

17 (1) a new leadership of a Palestinian governing 

18 entity has been democratically elected through cred19 ible and competitive elections; 

20 (2) the elected governing entity of a new Pales21 tinian state—

22 (A) has demonstrated a firm commitment 

23 to peaceful co-existence with the State of Israel; 

24 (B) is taking appropriate measures to 

25 counter terrorism and terrorist financing in the 
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1 West Bank and Gaza, including the dismantling 

2 of terrorist infrastructures; 

3 (C) is establishing a new Palestinian secu4 rity entity that is cooperative with appropriate 

5 Israeli and other appropriate security organiza6 tions; and 

7 (3) the Palestinian Authority (or the governing 

8 body of a new Palestinian state) is working with 

9 other countries in the region to vigorously pursue ef10 forts to establish a just, lasting, and comprehensive 

11 peace in the Middle East that will enable Israel and 

12 an independent Palestinian state to exist within the 

13 context of full and normal relationships, which 

14 should include—

15 (A) termination of all claims or states of 

16 belligerency; 

17 (B) respect for and acknowledgement of 

18 the sovereignty, territorial integrity, and polit19 ical independence of every state in the area 

20 through measures including the establishment 

21 of demilitarized zones; 

22 (C) their right to live in peace within se23 cure and recognized boundaries free from 

24 threats or acts of force; 
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1 (D) freedom of navigation through inter2 national waterways in the area; and 

3 (E) a framework for achieving a just set4 tlement of the refugee problem. 

5 (b) SENSE OF CONGRESS.—It is the sense of Con6 gress that the newly-elected governing entity should enact 

7 a constitution assuring the rule of law, an independent ju8 diciary, and respect for human rights for its citizens, and 

9 should enact other laws and regulations assuring trans10 parent and accountable governance. 

11 (c) WAIVER.—The President may waive subsection 

12 (a) if he determines that it is vital to the national security 

13 interests of the United States to do so. 

14 (d) EXEMPTION.—The restriction in subsection (a) 

15 shall not apply to assistance intended to help reform the 

16 Palestinian Authority and affiliated institutions, or a 

17 newly-elected governing entity, in order to help meet the 

18 requirements of subsection (a), consistent with the provi19 sions of section 550 of this Act (‘‘Limitation on Assistance 

20 to the Palestinian Authority’’). 

21 COLOMBIA

22 SEC. 556. (a) DETERMINATION AND CERTIFICATION

23 REQUIRED.—Funds appropriated by this Act that are 

24 available for assistance for the Colombian Armed Forces, 

25 may be made available as follows: 
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1 (1) Up to 75 percent of such funds may be obli2 gated prior to a determination and certification by 

3 the Secretary of State pursuant to paragraph (2). 

4 (2) Up to 12.5 percent of such funds may be 

5 obligated only after the Secretary of State certifies 

6 and reports to the appropriate congressional com7 mittees that: 

8 (A) The Commander General of the Co9 lombian Armed Forces is suspending from the 

10 Armed Forces those members, of whatever rank 

11 who, according to the Minister of Defense or 

12 the Procuraduria General de la Nacion, have 

13 been credibly alleged to have committed gross 

14 violations of human rights, including extra-judi15 cial killings, or to have aided or abetted para16 military organizations. 

17 (B) The Colombian Government is vigor18 ously investigating and prosecuting those mem19 bers of the Colombian Armed Forces, of what20 ever rank, who have been credibly alleged to 

21 have committed gross violations of human 

22 rights, including extra-judicial killings, or to 

23 have aided or abetted paramilitary organiza24 tions, and is promptly punishing those members 

25 of the Colombian Armed Forces found to have 
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1 committed such violations of human rights or to 

2 have aided or abetted paramilitary organiza3 tions. 

4 (C) The Colombian Armed Forces have 

5 made substantial progress in cooperating with 

6 civilian prosecutors and judicial authorities in 

7 such cases (including providing requested infor8 mation, such as the identity of persons sus9 pended from the Armed Forces and the nature 

10 and cause of the suspension, and access to wit11 nesses, relevant military documents, and other 

12 requested information). 

13 (D) The Colombian Armed Forces have 

14 made substantial progress in severing links (in15 cluding denying access to military intelligence, 

16 vehicles, and other equipment or supplies, and 

17 ceasing other forms of active or tacit coopera18 tion) at the command, battalion, and brigade 

19 levels, with paramilitary organizations, espe20 cially in regions where these organizations have 

21 a significant presence. 

22 (E) The Colombian Government is disman23 tling paramilitary leadership and financial net24 works by arresting commanders and financial 
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1 backers, especially in regions where these net2 works have a significant presence. 

3 (3) The balance of such funds may be obligated 

4 after July 31, 2006, if the Secretary of State cer5 tifies and reports to the appropriate congressional 

6 committees, after such date, that the Colombian 

7 Armed Forces are continuing to meet the conditions 

8 contained in paragraph (2) and are conducting vig9 orous operations to restore government authority 

10 and respect for human rights in areas under the ef11 fective control of paramilitary and guerrilla organi12 zations. 

13 (b) CONGRESSIONAL NOTIFICATION.—Funds made 

14 available by this Act for the Colombian Armed Forces 

15 shall be subject to the regular notification procedures of 

16 the Committees on Appropriations. 

17 (c) CONSULTATIVE PROCESS.—Not later than 60 

18 days after the date of enactment of this Act, and every 

19 90 days thereafter until September 30, 2007, the Sec20 retary of State shall consult with internationally recog21 nized human rights organizations regarding progress in 

22 meeting the conditions contained in that subsection. 

23 (d) DEFINITIONS.—In this section: 

24 (1) AIDED OR ABETTED.—The term ‘‘aided or 

25 abetted’’ means to provide any support to para-
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1 military groups, including taking actions which 

2 allow, facilitate, or otherwise foster the activities of 

3 such groups. 

4 (2) PARAMILITARY GROUPS.—The term ‘‘para5 military groups’’ means illegal self-defense groups 

6 and illegal security cooperatives. 

7 ILLEGAL ARMED GROUPS

8 SEC. 557. (a) DENIAL OF VISAS TO SUPPORTERS OF

9 COLOMBIAN ILLEGAL ARMED GROUPS.—Subject to sub10 section (b), the Secretary of State shall not issue a visa 

11 to any alien who the Secretary determines, based on cred12 ible evidence—

13 (1) has willfully provided any support to the 

14 Revolutionary Armed Forces of Colombia (FARC), 

15 the National Liberation Army (ELN), or the United 

16 Self-Defense Forces of Colombia (AUC), including 

17 taking actions or failing to take actions which allow, 

18 facilitate, or otherwise foster the activities of such 

19 groups; or 

20 (2) has committed, ordered, incited, assisted, or 

21 otherwise participated in the commission of gross 

22 violations of human rights, including extra-judicial 

23 killings, in Colombia. 

24 (b) WAIVER.—Subsection (a) shall not apply if the 

25 Secretary of State determines and certifies to the appro26 priate congressional committees, on a case-by-case basis, 
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1 that the issuance of a visa to the alien is necessary to 

2 support the peace process in Colombia or for urgent hu3 manitarian reasons. 

4 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

5 BROADCASTING CORPORATION

6 SEC. 558. None of the funds appropriated or other7 wise made available by this Act may be used to provide 

8 equipment, technical support, consulting services, or any 

9 other form of assistance to the Palestinian Broadcasting 

10 Corporation. 

11 WEST BANK AND GAZA PROGRAM

12 SEC. 559. (a) OVERSIGHT.—For fiscal year 2006, 30 

13 days prior to the initial obligation of funds for the bilateral 

14 West Bank and Gaza Program, the Secretary of State 

15 shall certify to the appropriate committees of Congress 

16 that procedures have been established to assure the Comp17 troller General of the United States will have access to 

18 appropriate United States financial information in order 

19 to review the uses of United States assistance for the Pro20 gram funded under the heading ‘‘Economic Support 

21 Fund’’ for the West Bank and Gaza. 

22 (b) VETTING.—Prior to the obligation of funds ap23 propriated by this Act under the heading ‘‘Economic Sup24 port Fund’’ for assistance for the West Bank and Gaza, 

25 the Secretary of State shall take all appropriate steps to 

26 ensure that such assistance is not provided to or through 
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1 any individual, private or government entity, or edu2 cational institution that the Secretary knows or has reason 

3 to believe advocates, plans, sponsors, engages in, or has 

4 engaged in, terrorist activity. The Secretary of State shall, 

5 as appropriate, establish procedures specifying the steps 

6 to be taken in carrying out this subsection and shall termi7 nate assistance to any individual, entity, or educational in8 stitution which he has determined to be involved in or ad9 vocating terrorist activity. 

10 (c) PROHIBITION.—None of the funds appropriated 

11 by this Act for assistance under the West Bank and Gaza 

12 program may be made available for the purpose of recog13 nizing or otherwise honoring individuals who commit, or 

14 have committed, acts of terrorism. 

15 (d) AUDITS.—

16 (1) The Administrator of the United States 

17 Agency for International Development shall ensure 

18 that Federal or non-Federal audits of all contractors 

19 and grantees, and significant subcontractors and 

20 subgrantees, under the West Bank and Gaza Pro21 gram, are conducted at least on an annual basis to 

22 ensure, among other things, compliance with this 

23 section. 

24 (2) Of the funds appropriated by this Act under 

25 the heading ‘‘Economic Support Fund’’ that are 
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1 made available for assistance for the West Bank and 

2 Gaza, up to $1,000,000 may be used by the Office 

3 of the Inspector General of the United States Agen4 cy for International Development for audits, inspec5 tions, and other activities in furtherance of the re6 quirements of this subsection. Such funds are in ad7 dition to funds otherwise available for such pur8 poses. 

9 (e) Subsequent to the certification specified in sub10 section (a), the Comptroller General of the United States 

11 shall conduct an audit and an investigation of the treat12 ment, handling, and uses of all funds for the bilateral 

13 West Bank and Gaza Program in fiscal year 2006 under 

14 the heading ‘‘Economic Support Fund’’. The audit shall 

15 address—

16 (1) the extent to which such Program complies 

17 with the requirements of subsections (b) and (c), 

18 and 

19 (2) an examination of all programs, projects, 

20 and activities carried out under such Program, in21 cluding both obligations and expenditures. 

22 CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

23 SEC. 560. (a) LIMITATIONS ON AMOUNT OF CON24 TRIBUTION.—Of the amounts made available under 

25 ‘‘International Organizations and Programs’’ and ‘‘Child 

26 Survival and Health Programs Fund’’ for fiscal year 
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1 2006, $34,000,000 shall be made available for the United 

2 Nations Population Fund (hereafter in this section re3 ferred to as the ‘‘UNFPA’’): Provided, That of this 

4 amount, not less than $25,000,000 shall be derived from 

5 funds appropriated under the heading ‘‘International Or6 ganizations and Programs’’. 

7 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

8 under the heading ‘‘International Organizations and Pro9 grams’’ in this Act that are available for UNFPA, that 

10 are not made available for UNFPA because of the oper11 ation of any provision of law, shall be transferred to 

12 ‘‘Child Survival and Health Programs Fund’’ and shall 

13 be made available for family planning, maternal, and re14 productive health activities, subject to the regular notifica15 tion procedures of the Committees on Appropriations. 

16 (c) PROHIBITION ON USE OF FUNDS IN CHINA.—

17 None of the funds made available under ‘‘International 

18 Organizations and Programs’’ may be made available for 

19 the UNFPA for a country program in the People’s Repub20 lic of China. 

21 (d) CONDITIONS ON AVAILABILITY OF FUNDS.—

22 Amounts made available under ‘‘International Organiza23 tions and Programs’’ for fiscal year 2006 for the UNFPA 

24 may not be made available to UNFPA unless—
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1 (1) the UNFPA maintains amounts made avail2 able to the UNFPA under this section in an account 

3 separate from other accounts of the UNFPA; 

4 (2) the UNFPA does not commingle amounts 

5 made available to the UNFPA under this section 

6 with other sums; and 

7 (3) the UNFPA does not fund abortions. 

8 WAR CRIMINALS

9 SEC. 561. (a)(1) None of the funds appropriated or 

10 otherwise made available pursuant to this Act may be 

11 made available for assistance, and the Secretary of the 

12 Treasury shall instruct the United States executive direc13 tors to the international financial institutions to vote 

14 against any new project involving the extension by such 

15 institutions of any financial or technical assistance, to any 

16 country, entity, or municipality whose competent authori17 ties have failed, as determined by the Secretary of State, 

18 to take necessary and significant steps to implement its 

19 international legal obligations to apprehend and transfer 

20 to the International Criminal Tribunal for the former 

21 Yugoslavia (the ‘‘Tribunal’’) all persons in their territory 

22 who have been indicted by the Tribunal and to otherwise 

23 cooperate with the Tribunal. 

24 (2) The provisions of this subsection shall not apply 

25 to humanitarian assistance or assistance for democratiza26 tion. 
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1 (b) The provisions of subsection (a) shall apply unless 

2 the Secretary of State determines and reports to the ap3 propriate congressional committees that the competent au4 thorities of such country, entity, or municipality are—

5 (1) cooperating with the Tribunal, including ac6 cess for investigators to archives and witnesses, the 

7 provision of documents, and the surrender and 

8 transfer of indictees or assistance in their apprehen9 sion; and 

10 (2) are acting consistently with the Dayton Ac11 cords. 

12 (c) Not less than 10 days before any vote in an inter13 national financial institution regarding the extension of 

14 any new project involving financial or technical assistance 

15 or grants to any country or entity described in subsection 

16 (a), the Secretary of the Treasury, in consultation with 

17 the Secretary of State, shall provide to the Committees 

18 on Appropriations a written justification for the proposed 

19 assistance, including an explanation of the United States 

20 position regarding any such vote, as well as a description 

21 of the location of the proposed assistance by municipality, 

22 its purpose, and its intended beneficiaries. 

23 (d) In carrying out this section, the Secretary of 

24 State, the Administrator of the United States Agency for 

25 International Development, and the Secretary of the 
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1 Treasury shall consult with representatives of human 

2 rights organizations and all government agencies with rel3 evant information to help prevent indicted war criminals 

4 from benefiting from any financial or technical assistance 

5 or grants provided to any country or entity described in 

6 subsection (a). 

7 (e) The Secretary of State may waive the application 

8 of subsection (a) with respect to projects within a country, 

9 entity, or municipality upon a written determination to the 

10 Committees on Appropriations that such assistance di11 rectly supports the implementation of the Dayton Accords. 

12 (f) DEFINITIONS.—As used in this section: 

13 (1) COUNTRY.—The term ‘‘country’’ means 

14 Bosnia and Herzegovina, Croatia and Serbia. 

15 (2) ENTITY.—The term ‘‘entity’’ refers to the 

16 Federation of Bosnia and Herzegovina, Kosovo, 

17 Montenegro and the Republika Srpska. 

18 (3) MUNICIPALITY.—The term ‘‘municipality’’ 

19 means a city, town or other subdivision within a 

20 country or entity as defined herein. 

21 (4) DAYTON ACCORDS.—The term ‘‘Dayton Ac22 cords’’ means the General Framework Agreement 

23 for Peace in Bosnia and Herzegovina, together with 

24 annexes relating thereto, done at Dayton, November 

25 10 through 16, 1995. 
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1 USER FEES

2 SEC. 562. The Secretary of the Treasury shall in3 struct the United States Executive Director at each inter4 national financial institution (as defined in section 

5 1701(c)(2) of the International Financial Institutions Act) 

6 and the International Monetary Fund to oppose any loan, 

7 grant, strategy or policy of these institutions that would 

8 require user fees or service charges on poor people for pri9 mary education or primary healthcare, including preven10 tion and treatment efforts for HIV/AIDS, malaria, tuber11 culosis, and infant, child, and maternal well-being, in con12 nection with the institutions’ financing programs. 

13 FUNDING FOR SERBIA

14 SEC. 563. (a) Funds appropriated by this Act may 

15 be made available for assistance for the central Govern16 ment of Serbia after May 31, 2006, if the President has 

17 made the determination and certification contained in sub18 section (c). 

19 (b) After May 31, 2006, the Secretary of the Treas20 ury should instruct the United States executive directors 

21 to the international financial institutions to support loans 

22 and assistance to the Government of Serbia and Monte23 negro subject to the conditions in subsection (c): Provided,

24 That section 576 of the Foreign Operations, Export Fi25 nancing, and Related Programs Appropriations Act, 1997, 

26 as amended, shall not apply to the provision of loans and 
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1 assistance to the Government of Serbia and Montenegro 

2 through international financial institutions. 

3 (c) The determination and certification referred to in 

4 subsection (a) is a determination by the President and a 

5 certification to the Committees on Appropriations that the 

6 Government of Serbia and Montenegro is—

7 (1) cooperating with the International Criminal 

8 Tribunal for the former Yugoslavia including access 

9 for investigators, the provision of documents, and 

10 the surrender and transfer of indictees or assistance 

11 in their apprehension, including making all prac12 ticable efforts to apprehend and transfer Ratko 

13 Mladic; 

14 (2) taking steps that are consistent with the 

15 Dayton Accords to end Serbian financial, political, 

16 security and other support which has served to 

17 maintain separate Republika Srpska institutions; 

18 and 

19 (3) taking steps to implement policies which re20 flect a respect for minority rights and the rule of 

21 law. 

22 (d) This section shall not apply to Montenegro, 

23 Kosovo, humanitarian assistance or assistance to promote 

24 democracy. 
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1 COMMUNITY-BASED POLICE ASSISTANCE

2 SEC. 564. (a) AUTHORITY.—Funds made available 

3 by this Act to carry out the provisions of chapter 1 of 

4 part I and chapter 4 of part II of the Foreign Assistance 

5 Act of 1961, may be used, notwithstanding section 660 

6 of that Act, to enhance the effectiveness and account7 ability of civilian police authority through training and 

8 technical assistance in human rights, the rule of law, stra9 tegic planning, and through assistance to foster civilian 

10 police roles that support democratic governance including 

11 assistance for programs to prevent conflict, respond to dis12 asters, address gender-based violence, and foster improved 

13 police relations with the communities they serve. 

14 (b) NOTIFICATION.—Assistance provided under sub15 section (a) shall be subject to prior consultation with, and 

16 the regular notification procedures of, the Committees on 

17 Appropriations. 

18 SPECIAL DEBT RELIEF FOR THE POOREST

19 SEC. 565. (a) AUTHORITY TO REDUCE DEBT.—The 

20 President may reduce amounts owed to the United States 

21 (or any agency of the United States) by an eligible country 

22 as a result of—

23 (1) guarantees issued under sections 221 and 

24 222 of the Foreign Assistance Act of 1961; 

25 (2) credits extended or guarantees issued under 

26 the Arms Export Control Act; or 
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1 (3) any obligation or portion of such obligation, 

2 to pay for purchases of United States agricultural 

3 commodities guaranteed by the Commodity Credit 

4 Corporation under export credit guarantee programs 

5 authorized pursuant to section 5(f) of the Com6 modity Credit Corporation Charter Act of June 29, 

7 1948, as amended, section 4(b) of the Food for 

8 Peace Act of 1966, as amended (Public Law 89–

9 808), or section 202 of the Agricultural Trade Act 

10 of 1978, as amended (Public Law 95–501). 

11 (b) LIMITATIONS.—

12 (1) The authority provided by subsection (a) 

13 may be exercised only to implement multilateral offi14 cial debt relief and referendum agreements, com15 monly referred to as ‘‘Paris Club Agreed Minutes’’. 

16 (2) The authority provided by subsection (a) 

17 may be exercised only in such amounts or to such 

18 extent as is provided in advance by appropriations 

19 Acts. 

20 (3) The authority provided by subsection (a) 

21 may be exercised only with respect to countries with 

22 heavy debt burdens that are eligible to borrow from 

23 the International Development Association, but not 

24 from the International Bank for Reconstruction and 
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1 Development, commonly referred to as ‘‘IDA-only’’ 

2 countries. 

3 (c) CONDITIONS.—The authority provided by sub4 section (a) may be exercised only with respect to a country 

5 whose government—

6 (1) does not have an excessive level of military 

7 expenditures; 

8 (2) has not repeatedly provided support for acts 

9 of international terrorism; 

10 (3) is not failing to cooperate on international 

11 narcotics control matters; 

12 (4) (including its military or other security 

13 forces) does not engage in a consistent pattern of 

14 gross violations of internationally recognized human 

15 rights; and 

16 (5) is not ineligible for assistance because of the 

17 application of section 527 of the Foreign Relations 

18 Authorization Act, Fiscal Years 1994 and 1995. 

19 (d) AVAILABILITY OF FUNDS.—The authority pro20 vided by subsection (a) may be used only with regard to 

21 the funds appropriated by this Act under the heading 

22 ‘‘Debt Restructuring’’. 

23 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A re24 duction of debt pursuant to subsection (a) shall not be 

25 considered assistance for the purposes of any provision of 
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1 law limiting assistance to a country. The authority pro2 vided by subsection (a) may be exercised notwithstanding 

3 section 620(r) of the Foreign Assistance Act of 1961 or 

4 section 321 of the International Development and Food 

5 Assistance Act of 1975. 

6 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

7 SEC. 566. (a) LOANS ELIGIBLE FOR SALE, REDUC8 TION, OR CANCELLATION.—

9 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

10 CERTAIN LOANS.—Notwithstanding any other provi11 sion of law that restricts assistance to foreign coun12 tries, the President may, in accordance with this sec13 tion, sell to any eligible purchaser any concessional 

14 loan or portion thereof made before January 1, 

15 1995, pursuant to the Foreign Assistance Act of 

16 1961, to the government of any eligible country as 

17 defined in section 702(6) of that Act or on receipt 

18 of payment from an eligible purchaser, reduce or 

19 cancel such loan or portion thereof, only for the pur20 pose of facilitating—

21 (A) debt-for-equity swaps, debt-for-develop22 ment swaps, or debt-for-nature swaps; or 

23 (B) a debt buyback by an eligible country 

24 of its own qualified debt, only if the eligible 

25 country uses an additional amount of the local 

26 currency of the eligible country, equal to not 
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1 less than 40 percent of the price paid for such 

2 debt by such eligible country, or the difference 

3 between the price paid for such debt and the 

4 face value of such debt, to support activities 

5 that link conservation and sustainable use of 

6 natural resources with local community develop7 ment, and child survival and other child devel8 opment, in a manner consistent with sections 

9 707 through 710 of the Foreign Assistance Act 

10 of 1961, if the sale, reduction, or cancellation 

11 would not contravene any term or condition of 

12 any prior agreement relating to such loan. 

13 (2) TERMS AND CONDITIONS.—Notwithstanding 

14 any other provision of law, the President shall, in ac15 cordance with this section, establish the terms and 

16 conditions under which loans may be sold, reduced, 

17 or canceled pursuant to this section. 

18 (3) ADMINISTRATION.—The Facility, as defined 

19 in section 702(8) of the Foreign Assistance Act of 

20 1961, shall notify the administrator of the agency 

21 primarily responsible for administering part I of the 

22 Foreign Assistance Act of 1961 of purchasers that 

23 the President has determined to be eligible, and 

24 shall direct such agency to carry out the sale, reduc25 tion, or cancellation of a loan pursuant to this sec-
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1 tion. Such agency shall make adjustment in its ac2 counts to reflect the sale, reduction, or cancellation. 

3 (4) LIMITATION.—The authorities of this sub4 section shall be available only to the extent that ap5 propriations for the cost of the modification, as de6 fined in section 502 of the Congressional Budget Act 

7 of 1974, are made in advance. 

8 (b) DEPOSIT OF PROCEEDS.—The proceeds from the 

9 sale, reduction, or cancellation of any loan sold, reduced, 

10 or canceled pursuant to this section shall be deposited in 

11 the United States Government account or accounts estab12 lished for the repayment of such loan. 

13 (c) ELIGIBLE PURCHASERS.—A loan may be sold 

14 pursuant to subsection (a)(1)(A) only to a purchaser who 

15 presents plans satisfactory to the President for using the 

16 loan for the purpose of engaging in debt-for-equity swaps, 

17 debt-for-development swaps, or debt-for-nature swaps. 

18 (d) DEBTOR CONSULTATIONS.—Before the sale to 

19 any eligible purchaser, or any reduction or cancellation 

20 pursuant to this section, of any loan made to an eligible 

21 country, the President should consult with the country 

22 concerning the amount of loans to be sold, reduced, or 

23 canceled and their uses for debt-for-equity swaps, debt24 for-development swaps, or debt-for-nature swaps. 
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1 (e) AVAILABILITY OF FUNDS.—The authority pro2 vided by subsection (a) may be used only with regard to 

3 funds appropriated by this Act under the heading ‘‘Debt 

4 Restructuring’’. 

5 BASIC EDUCATION

6 SEC. 567. Of the funds appropriated by title II of 

7 this Act, not less than $465,000,000 shall be made avail8 able for basic education, of which not less than $250,000 

9 shall be provided to the Comptroller General of the United 

10 States to prepare an analysis of United States funded 

11 international basic education programs: Provided, That 

12 the analysis, which should be submitted to the Committee 

13 within nine months of enactment of this Act, shall include, 

14 but not be limited to: 

15 (1) the amount of funds provided for basic edu16 cation by all United States Government agencies in 

17 fiscal years 2001, 2002, 2003, 2004, and 2005; 

18 (2) a country-by-country and project-by-project 

19 breakdown of such funds; 

20 (3) an analysis of host country contributions to 

21 education at the local, provincial, and federal level; 

22 (4) the amount of funds, including loans, pro23 vided for basic education by other major bilateral 

24 donors and multilateral institutions, including 

25 United Nations agencies and the World Bank 

26 Group, including a historical view of such levels; 
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1 (5) an analysis of United States efforts to in2 crease the commitment of other major bilateral do3 nors and multilateral institutions to basic education; 

4 (6) an analysis of how various United States 

5 Government agencies coordinate in the provision of 

6 such assistance, including how such coordination 

7 contributes to achievement of the Millennium Devel8 opment Goals with respect to basic education; 

9 (7) an analysis of the effect of the quadrupling 

10 of United States assistance for basic education since 

11 fiscal year 2001 on education programs in the devel12 oping world; and 

13 (8) recommendations on the content and struc14 ture of United States assistance that would increase 

15 its effectiveness in promoting literary and numeracy. 

16 RECONCILIATION PROGRAMS

17 SEC. 568. Of the funds appropriated under the head18 ing ‘‘Economic Support Fund’’, not less than $15,000,000 

19 should be made available to support reconciliation pro20 grams and activities which bring together individuals of 

21 different ethnic, religious, and political backgrounds from 

22 areas of civil conflict and war. 

23 SUDAN

24 SEC. 569. (a) AVAILABILITY OF FUNDS.—Of the 

25 funds appropriated by title II of this Act, not less than 
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1 $367,000,000 should be made available for assistance for 

2 Sudan. 

3 (b) LIMITATION ON ASSISTANCE.—Subject to sub4 section (c): 

5 (1) Notwithstanding section 501(a) of the 

6 International Malaria Control Act of 2000 (Public 

7 Law 106–570) or any other provision of law that re8 stricts funds for foreign countries, none of the funds 

9 appropriated by this Act may be made available for 

10 assistance for the Government of Sudan. 

11 (2) None of the funds appropriated by this Act 

12 may be made available for the cost, as defined in 

13 section 502, of the Congressional Budget Act of 

14 1974, of modifying loans and loan guarantees held 

15 by the Government of Sudan, including the cost of 

16 selling, reducing, or canceling amounts owed to the 

17 United States, and modifying concessional loans, 

18 guarantees, and credit agreements. 

19 (c) Subsection (b) shall not apply if the Secretary of 

20 State determines and certifies to the Committees on Ap21 propriations that—

22 (1) the Government of Sudan has taken signifi23 cant steps to disarm and disband government-sup24 ported militia groups in the Darfur region; 
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1 (2) the Government of Sudan and all govern2 ment-supported militia groups are honoring their 

3 commitments made in the cease-fire agreement of 

4 April 8, 2004; and 

5 (3) the Government of Sudan is allowing 

6 unimpeded access to Darfur to humanitarian aid or7 ganizations, the human rights investigation and hu8 manitarian teams of the United Nations, including 

9 protection officers, and an international monitoring 

10 team that is based in Darfur and that has the sup11 port of the United States. 

12 (d) EXCEPTIONS.—The provisions of subsection (b) 

13 shall not apply to—

14 (1) humanitarian assistance; 

15 (2) assistance for Darfur and for areas outside 

16 the control of the Government of Sudan; and 

17 (3) assistance to support implementation of the 

18 Comprehensive Peace Agreement. 

19 (e) DEFINITIONS.—For the purposes of this Act and 

20 section 501 of Public Law 106–570, the terms ‘‘Govern21 ment of Sudan’’, ‘‘areas outside of control of the Govern22 ment of Sudan’’, and ‘‘area in Sudan outside of control 

23 of the Government of Sudan’’ shall have the same meaning 

24 and application as was the case immediately prior to June 

25 5, 2004, and, Southern Kordofan/Nuba Mountains State, 
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1 Blue Nile State and Abyei shall be deemed ‘‘areas outside 

2 of control of the Government of Sudan’’. 

3 TRADE CAPACITY BUILDING

4 SEC. 570. Of the funds appropriated by this Act, 

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

6 ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, 

7 ‘‘Economic Support Fund’’, ‘‘International Affairs Tech8 nical Assistance’’, and ‘‘International Organizations and 

9 Programs’’, not less than $522,000,000 should be made 

10 available for trade capacity building assistance: Provided,

11 That $20,000,000 of the funds appropriated in this Act 

12 under the heading ‘‘Economic Support Fund’’ shall be 

13 made available for labor and environmental capacity build14 ing activities relating to the free trade agreement with the 

15 countries of Central America and the Dominican Republic. 

16 EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH

17 EUROPEAN COUNTRIES AND CERTAIN OTHER COUNTRIES

18 SEC. 571. Notwithstanding section 516(e) of the For19 eign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during 

20 fiscal year 2006, funds available to the Department of De21 fense may be expended for crating, packing, handling, and 

22 transportation of excess defense articles transferred under 

23 the authority of section 516 of such Act to Albania, Af24 ghanistan, Bulgaria, Croatia, Estonia, Former Yugo25 slavian Republic of Macedonia, Georgia, India, Iraq, 

26 Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, 
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1 Mongolia, Pakistan, Romania, Slovakia, Tajikistan, 

2 Turkmenistan, Ukraine, and Uzbekistan. 

3 CUBA

4 SEC. 572. None of the funds appropriated by this Act 

5 under the heading ‘‘International Narcotics Control and 

6 Law Enforcement’’ may be made available for assistance 

7 to the Government of Cuba. 

8 GENDER-BASED VIOLENCE TRAINING

9 SEC. 573. Programs funded under titles II and III 

10 of this Act that provide training for foreign police, judicial, 

11 and military officials, shall include instruction on how to 

12 address incidences and victims of gender-based violence: 

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

14 the Secretary of Defense, shall report to the Committee 

15 on Appropriations, no later than 180 days after enactment 

16 of this Act, how such instruction is being incorporated into 

17 programs funded under titles II and III of this Act. 

18 LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE

19 FOR CERTAIN FOREIGN GOVERNMENTS THAT ARE

20 PARTIES TO THE INTERNATIONAL CRIMINAL COURT

21 SEC. 574. (a) None of the funds made available in 

22 this Act in title II under the heading ‘‘Economic Support 

23 Fund’’ may be used to provide assistance to the govern24 ment of a country that is a party to the International 

25 Criminal Court and has not entered into an agreement 

26 with the United States pursuant to Article 98 of the Rome 
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1 Statute preventing the International Criminal Court from 

2 proceeding against United States personnel present in 

3 such country. 

4 (b) The President may, with prior notice to Congress, 

5 waive the prohibition of subsection (a) with respect to a 

6 North Atlantic Treaty Organization (‘‘NATO’’) member 

7 country, a major non-NATO ally (including Australia, 

8 Egypt, Israel, Japan, Jordan, Argentina, the Republic of 

9 Korea, and New Zealand), Taiwan, or such other country 

10 as he may determine if he determines and reports to the 

11 appropriate congressional committees that it is important 

12 to the national interests of the United States to waive such 

13 prohibition. 

14 (c) The President may, with prior notice to Congress, 

15 waive the prohibition of subsection (a) with respect to a 

16 particular country if he determines and reports to the ap17 propriate congressional committees that such country has 

18 entered into an agreement with the United States pursu19 ant to Article 98 of the Rome Statute preventing the 

20 International Criminal Court from proceeding against 

21 United States personnel present in such country. 

22 (d) The prohibition of this section shall not apply to 

23 countries otherwise eligible for assistance under the Mil24 lennium Challenge Act of 2003, notwithstanding section 

25 606(a)(2)(B) of such Act. 
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1 TIBET

2 SEC. 575. (a) The Secretary of the Treasury should 

3 instruct the United States executive director to each inter4 national financial institution to use the voice and vote of 

5 the United States to support projects in Tibet if such 

6 projects do not provide incentives for the migration and 

7 settlement of non-Tibetans into Tibet or facilitate the 

8 transfer of ownership of Tibetan land and natural re9 sources to non-Tibetans; are based on a thorough needs10 assessment; foster self-sufficiency of the Tibetan people 

11 and respect Tibetan culture and traditions; and are sub12 ject to effective monitoring. 

13 (b) Notwithstanding any other provision of law that 

14 restricts assistance to foreign countries, not less than 

15 $4,000,000 of the funds appropriated by this Act under 

16 the heading ‘‘Economic Support Fund’’ should be made 

17 available to nongovernmental organizations to support ac18 tivities which preserve cultural traditions and promote 

19 sustainable development and environmental conservation 

20 in Tibetan communities in the Tibetan Autonomous Re21 gion and in other Tibetan communities in China. 

22 CENTRAL AMERICA

23 SEC. 576. Of the funds appropriated by this Act 

24 under the headings ‘‘Child Survival and Health Programs 

25 Fund’’ and ‘‘Development Assistance’’, not less than the 

26 amount of funds initially allocated pursuant to section 
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1 653(a) of the Foreign Assistance Act of 1961 for fiscal 

2 year 2005 should be made available for El Salvador, Gua3 temala, Nicaragua and Honduras. 

4 UNITED STATES AGENCY FOR INTERNATIONAL

5 DEVELOPMENT MANAGEMENT

6 SEC. 577. (a) AUTHORITY.—Up to $75,000,000 of 

7 the funds made available in this Act to carry out the provi8 sions of part I of the Foreign Assistance Act of 1961, in9 cluding funds appropriated under the heading ‘‘Assistance 

10 for Eastern Europe and the Baltic States’’, may be used 

11 by the United States Agency for International Develop12 ment (USAID) to hire and employ individuals in the 

13 United States and overseas on a limited appointment basis 

14 pursuant to the authority of sections 308 and 309 of the 

15 Foreign Service Act of 1980. 

16 (b) RESTRICTIONS.—

17 (1) The number of individuals hired in any fis18 cal year pursuant to the authority contained in sub19 section (a) may not exceed 175. 

20 (2) The authority to hire individuals contained 

21 in subsection (a) shall expire on September 30, 

22 2008. 

23 (c) CONDITIONS.—The authority of this section may 

24 only be used to the extent that an equivalent number of 

25 positions that are filled by personal services contractors 

26 or other nondirect-hire employees of USAID, who are 
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1 compensated with funds appropriated to carry out part I 

2 of the Foreign Assistance Act of 1961, including funds 

3 appropriated under the heading ‘‘Assistance for Eastern 

4 Europe and the Baltic States’’, are eliminated. 

5 (d) PRIORITY SECTORS.—In exercising the authority 

6 of this section, primary emphasis shall be placed on ena7 bling USAID to meet personnel positions in technical skill 

8 areas currently encumbered by contractor or other non9 direct-hire personnel. 

10 (e) CONSULTATIONS.—The USAID Administrator 

11 shall consult with the Committees on Appropriations at 

12 least on a quarterly basis concerning the implementation 

13 of this section. 

14 (f) PROGRAM ACCOUNT CHARGED.—The account 

15 charged for the cost of an individual hired and employed 

16 under the authority of this section shall be the account 

17 to which such individual’s responsibilities primarily relate. 

18 Funds made available to carry out this section may be 

19 transferred to and merged and consolidated with funds ap20 propriated for ‘‘Operating Expenses of the United States 

21 Agency for International Development’’. 

22 (g) DISASTER SURGE CAPACITY.—Funds appro23 priated by this Act to carry out part I of the Foreign As24 sistance Act of 1961, including funds appropriated under 

25 the heading ‘‘Assistance for Eastern Europe and the Bal-
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1 tic States’’, may be used, in addition to funds otherwise 

2 available for such purposes, for the cost (including the 

3 support costs) of individuals detailed to or employed by 

4 the United States Agency for International Development 

5 whose primary responsibility is to carry out programs in 

6 response to natural disasters. 

7 HIPC DEBT REDUCTION

8 SEC. 578. Section 501(b) of H.R. 3425, as enacted 

9 into law by section 1000(a)(5) of division B of Public Law 

10 106–113 (113 Stat. 1501A–311), is amended by adding 

11 at the end the following new paragraph: 

12 ‘‘(5) The Act of March 11, 1941 (chapter 11; 

13 55 Stat. 31; 22 U.S.C. 411 et seq.; commonly known 

14 as the ‘Lend-Lease Act’).’’

15 OPIC TRANSFER AUTHORITY

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 579. Whenever the President determines that 

18 it is in furtherance of the purposes of the Foreign Assist19 ance Act of 1961, up to a total of $20,000,000 of the 

20 funds appropriated under title II of this Act may be trans21 ferred to and merged with funds appropriated by this Act 

22 for the Overseas Private Investment Corporation Program 

23 Account, to be subject to the terms and conditions of that 

24 account: Provided, That such funds shall not be available 

25 for administrative expenses of the Overseas Private In26 vestment Corporation: Provided further, That funds ear-
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1 marked by this Act shall not be transferred pursuant to 

2 this section: Provided further, That the exercise of such 

3 authority shall be subject to the regular notification proce4 dures of the Committees on Appropriations.

5 CONFLICT RESPONSE

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 580. Whenever the Secretary of State deter8 mines that it is in the national interest of the United 

9 States, the Secretary is authorized to furnish reconstruc10 tion and stabilization assistance, on such terms and condi11 tions as the Secretary may determine, for the purpose of 

12 preventing, responding to, or enabling transition from con13 flict or civil strife in foreign countries or regions: Provided, 

14 That the Secretary may transfer up to $100,000,000 

15 among accounts of the Department of State and to other 

16 Federal agencies as necessary to carry out these authori17 ties: Provided further, That pursuant to a determination 

18 by the Secretary of State that it is in the national interest 

19 of the United States to prevent or respond to conflict or 

20 civil strife in foreign countries or regions, or to enable 

21 transition from such strife assistance provided under this 

22 paragraph, as well as assistance provided with funds ap23 propriated under titles II and III of this Act for countries 

24 subject to a determination made under this paragraph, 

25 may be used: Provided further, That the exercise of such 
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1 authority shall be subject to the regular notification proce2 dures of the Committees on Appropriations. 

3 RESCISSION

4 SEC. 581. Of the funds provided in title II of Public 

5 Law 108–447, under the heading ‘‘Other Bilateral Eco6 nomic Assistance, Economic Support Fund’’, $64,000,000 

7 is hereby rescinded. 

8 ANTICORRUPTION PROVISIONS

9 SEC. 582. Twenty-five percent of the funds appro10 priated by this Act under the headings ‘‘International De11 velopment Association’’, shall be withheld from obligation 

12 until the Secretary of the Treasury certifies to the appro13 priate congressional committees that—

14 (a) World Bank procurement guidelines are ap15 plied to all procurement financed in whole or in part 

16 by a loan from the International Bank for Recon17 struction and Development (IBRD) or a credit 

18 agreement or grant from the International Develop19 ment Association (IDA); 

20 (b) the World Bank proposal ‘‘Increasing the 

21 Use of Country Systems in Procurement’’ dated 

22 March 2005 has been withdrawn; 

23 (c) the World Bank is maintaining a strong 

24 central procurement office staffed with senior ex25 perts who are designated to address commercial con26 cerns, questions, and complaints regarding procure-
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1 ment procedures and payments under IDA and 

2 IBRD projects; 

3 (d) thresholds for international competitive bid4 ding are established to maximize international com5 petitive bidding in accordance with sound procure6 ment practices, including transparency, competition, 

7 and cost-effective results for the Borrowers; 

8 (e) all tenders under the World Bank’s national 

9 competitive bidding provisions are subject to the 

10 same advertisement requirements as tenders under 

11 international competitive bidding; and 

12 (f) loan agreements are made public between 

13 the World Bank and the Borrowers. 

14 This Act may be cited as the ‘‘Foreign Operations, 

15 Export Financing, and Related Programs Appropriations 

16 Act, 2006’’. 

Union Calendar No. 92

109TH CONGRESS 

1ST SESSION H. R. 3057

[Report No. 109–152] 

A BILL

Making appropriations for foreign operations, exother purposes. cal year ending September 30, 2006, and for port financing, and related programs for the fisJUNE 24, 2005

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed