PUBLIC LAW 109–102—NOV. 14, 2005

FOREIGN OPERATIONS, EXPORT FINANCING,

AND RELATED PROGRAMS APPROPRIATIONS

ACT, 2006

119 STAT. 2172 PUBLIC LAW 109–102—NOV. 14, 2005

Public Law 109–102

109th Congress

An Act

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

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

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

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

not otherwise appropriated, for the fiscal year ending September

30, 2006, and for other purposes, namely:

TITLE I—EXPORT AND INVESTMENT ASSISTANCE

EXPORT-IMPORT BANK OF THE UNITED STATES

INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK

For necessary expenses of the Office of Inspector General in

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

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

2007.

EXPORT-IMPORT BANK PROGRAM ACCOUNT

The Export-Import Bank of the United States is authorized

to make such expenditures within the limits of funds and borrowing

authority available to such corporation, and in accordance with

law, and to make such contracts and commitments without regard

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

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

Provided, That none of the funds available during the current

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

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

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

Weapons eligible to receive economic or military assistance under

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

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

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

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

1, 2006.

SUBSIDY APPROPRIATION

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

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

Bank Act of 1945, as amended, $100,000,000, to remain available

Termination

date.

12 USC 635 note.

Foreign

Operations,

Export

Financing, and

Related

Programs

Appropriations

Act, 2006.

Nov. 14, 2005

[H.R. 3057]

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2173

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

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

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

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

for the disbursement of direct loans, loan guarantees, insurance

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

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

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

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

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

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

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

or any agency or national thereof.

ADMINISTRATIVE EXPENSES

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

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

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

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

or services provided by transaction participants for legal, financial,

or technical services in connection with any transaction for which

an application for a loan, guarantee or insurance commitment has

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

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

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

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized

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

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

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

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

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

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

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

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

to specific investors or potential investors pursuant to section 234

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

administrative expenses for the purposes of this heading.

PROGRAM ACCOUNT

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

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

to be derived by transfer from the Overseas Private Investment

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

including the cost of modifying such loans, shall be as defined

Termination

date.

12 USC 635a

note.

119 STAT. 2174 PUBLIC LAW 109–102—NOV. 14, 2005

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

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

and loan guaranty commitments incurred or made during fiscal

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

available through fiscal year 2014 for the disbursement of direct

and guaranteed loans obligated in fiscal year 2006, and through

fiscal year 2015 for the disbursement of direct and guaranteed

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

Provided further, That funds made available pursuant to the

authority of the previous proviso shall be subject to the regular

notification procedures of the Committees on Appropriations.

In addition, such sums as may be necessary for administrative

expenses to carry out the credit program may be derived from

amounts available for administrative expenses to carry out the

credit and insurance programs in the Overseas Private Investment

Corporation Noncredit Account and merged with said account.

FUNDS APPROPRIATED TO THE PRESIDENT

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section

661 of the Foreign Assistance Act of 1961, $50,900,000, to remain

available until September 30, 2007.

TITLE II—BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

For expenses necessary to enable the President to carry out

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

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

otherwise specified herein, as follows:

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapters

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

child survival, health, and family planning/reproductive health

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

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

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

health, nutrition, water and sanitation programs which directly

address the needs of mothers and children, and related education

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

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

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

and other infectious diseases, and for assistance to communities

severely affected by HIV/AIDS, including children displaced or

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

Provided further, That none of the funds appropriated under this

Immunizations.

HIV/AIDS.

Iraq.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2175

heading may be made available for nonproject assistance, except

that funds may be made available for such assistance for ongoing

health activities: Provided further, That of the funds appropriated under this heading, not to exceed $350,000, in addition to funds

otherwise available for such purposes, may be used to monitor

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

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

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

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

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

reproductive health, including in areas where population growth

threatens biodiversity or endangered species: Provided further, That

of the funds appropriated under this heading, and in addition

to funds allocated under the previous proviso, not less than

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

provision of law, except for the United States Leadership Against

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

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

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

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

percent of the aggregate amount of funds made available to the

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

United States Agency for International Development for technical

assistance related to the activities of the Global Fund: Provided

further, That of the funds appropriated under this heading,

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

to and merged with funds appropriated by this Act under the

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

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

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

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

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

abortion or involuntary sterilization: Provided further, That none

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

for the performance of abortion as a method of family planning

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

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

any existing statutory prohibitions against abortion under section

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

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

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

to reduce reliance on abortion in developing nations, funds shall

be available only to voluntary family planning projects which offer,

either directly or through referral to, or information about access

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

that any such voluntary family planning project shall meet the

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

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

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

planning acceptors, or acceptors of a particular method of family

Family planning.

Abortion.

Sterilization.

119 STAT. 2176 PUBLIC LAW 109–102—NOV. 14, 2005

planning (this provision shall not be construed to include the use

of quantitative estimates or indicators for budgeting and planning

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

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

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

personnel for achieving a numerical target or quota of total number

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

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

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

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

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

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

and risks of the method chosen, including those conditions that

might render the use of the method inadvisable and those adverse

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

and (5) the project shall ensure that experimental contraceptive

drugs and devices and medical procedures are provided only in

the context of a scientific study in which participants are advised

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

the date on which the Administrator of the United States Agency

for International Development determines that there has been a

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

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

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

Administrator shall submit to the Committees on Appropriations

a report containing a description of such violation and the corrective

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

grants for natural family planning under section 104 of the Foreign

Assistance Act of 1961 no applicant shall be discriminated against

because of such applicant’s religious or conscientious commitment

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

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

authorizing or appropriating funds for foreign operations, export

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

to family planning assistance, shall not be construed to prohibit

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

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

extent feasible, taking into consideration cost, timely availability,

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

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

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

activities that are funded from amounts appropriated by this Act

shall be medically accurate and shall include the public health

benefits and failure rates of such use.

DEVELOPMENT ASSISTANCE

For necessary expenses to carry out the provisions of sections

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

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

remain available until September 30, 2007: Provided, That

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

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

environmental capacity building activities relating to the free trade

Condoms.

Nondiscrimination.

Contraceptives.

Deadline.

Reports.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2177

agreement with the countries of Central America and the Dominican

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

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

under this heading and managed by the United States Agency

for International Development Bureau of Democracy, Conflict, and

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

available only for programs to improve women’s leadership capacity

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

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

funds appropriated under this heading that are made available

for assistance programs for displaced and orphaned children and

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

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

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

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

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

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

for plant biotechnology research and development: Provided further,

That not less than $2,300,000 should be made available for core

support for the International Fertilizer Development Center: Provided further, That of the funds appropriated under this heading,

not less than $20,000,000 should be made available for the American Schools and Hospitals Abroad program: Provided further, That

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

be made available for cooperative development programs within

the Office of Private and Voluntary Cooperation: Provided further,

That of the funds appropriated under this heading, $2,000,000

shall be made available for reconstruction and development programs in South Asia: Provided further, That funds should be made

available for activities to reduce the incidence of child marriage

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

available to develop clean water treatment activities in developing

countries: Provided further, That of the funds appropriated by this Act, not less than $200,000,000 shall be made available for drinking

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

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

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

For necessary expenses to carry out the provisions of section

491 of the Foreign Assistance Act of 1961 for international disaster

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

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

be for famine prevention and relief.

TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation

and reconstruction assistance pursuant to section 491 of the Foreign

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

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

development of countries in crisis: Provided, That such support

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

and foster the peaceful resolution of conflict: Provided further, That Reports.

Deadline.

119 STAT. 2178 PUBLIC LAW 109–102—NOV. 14, 2005

the United States Agency for International Development shall

submit a report to the Committees on Appropriations at least 5

days prior to beginning a new program of assistance: Provided

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

the national interests of the United States to provide transition

assistance in excess of the amount appropriated under this heading,

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

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

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

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

shall be made available subject to prior consultation with the

Committees on Appropriations.

DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans and loan guarantees provided by

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

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

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

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

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

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

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

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

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

That funds made available by this paragraph may be used for

the cost of modifying any such guaranteed loans under this Act

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

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

(relating to general provisions applicable to the Development Credit

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

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

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

to direct loans and loan guarantees provided under this heading:

Provided further, That these funds are available to subsidize total

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

to $700,000,000.

In addition, for administrative expenses to carry out credit

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

and merged with the appropriation for Operating Expenses of the

United States Agency for International Development: Provided,

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

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the ‘‘Foreign Service Retirement and Disability

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

$41,700,000.

Applicability.

Loans.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2179

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

For necessary expenses to carry out the provisions of section

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

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

Provided, That none of the funds appropriated under this heading

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

available to finance the construction (including architect and

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

use by the United States Agency for International Development,

unless the Administrator has identified such proposed construction

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

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

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

shall not apply where the total cost of construction (including

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

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

this heading may entail commitments for the expenditure of such

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

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

of the United States Agency for International Development without

the prior written notification of the Committees on Appropriations:

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

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

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

States Agency for International Development’’ in accordance with

the provisions of those sections.

CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related

costs, and for the procurement and enhancement of information

technology and related capital investments, pursuant to section

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

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

to funds otherwise available for such purposes: Provided further,

That funds appropriated under this heading shall be available

for obligation only pursuant to the regular notification procedures

of the Committees on Appropriations: Provided further, That of

the funds appropriated under this heading, not to exceed

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

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section

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

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

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

for International Development.

Reports.

Deadline.

119 STAT. 2180 PUBLIC LAW 109–102—NOV. 14, 2005

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapter 4 of part II, $2,634,000,000, to remain available until September

30, 2007: Provided, That of the funds appropriated under this heading, not less than $240,000,000 shall be available only for

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

transfer and shall be disbursed within 30 days of the enactment

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

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

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

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

which were undertaken in previous fiscal years: Provided further,

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

assistance and the specific nature of that assistance shall not be

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

further, That of the funds appropriated under this heading for assistance for Egypt, not less than $135,000,000 shall be made

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

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

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

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

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

this heading for assistance for Egypt for economic reform activities,

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

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

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

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

tensions and promote peace and cooperation between the two

communities on Cyprus: Provided further, That in exercising the

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

an adverse impact on the total level of nonmilitary exports from

the United States to such country and that Israel enters into

a side letter agreement in an amount proportional to the fiscal

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

made available only for assistance for Jordan: Provided further,

That of the funds appropriated under this heading that are available

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

may be used for administrative expenses of the United States

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

Certification. West Bank and Gaza: Provided further, That not more than

Afghanistan.

Poppies.

Israel.

President.

Reports.

Egypt.

Deadline.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2181

$225,000,000 of the funds made available for assistance for Afghanistan under this heading may be obligated for such assistance until

the Secretary of State certifies to the Committees on Appropriations

that the Government of Afghanistan at both the national and local

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

That the President may waive the previous proviso if he determines

and reports to the Committees on Appropriations that to do so

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

Provided further, That such report shall include an analysis of

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

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

poppy eradication and interdiction efforts in Afghanistan: Provided

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

heading shall be made available for assistance for Lebanon, of

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

Lebanon: Provided further, That of the funds appropriated under

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

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

appropriated under the heading ‘‘Iraq Relief and Reconstruction

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

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

Provided further, That of the funds appropriated under this heading

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

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

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

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

shall be made available for assistance for the Democratic Republic

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

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

other provision of law, funds appropriated under this heading shall

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

this heading that are made available for a Middle East Financing

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

in the Middle East shall be subject to the regular notification

procedures of the Committees on Appropriations: Provided further, That of funds appropriated under this heading, $13,000,000 should

be made available for a United States contribution to the Special

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

funds appropriated under this heading in this Act or prior Acts

making appropriations for foreign operations, export financing, and

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

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

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

of State and the Deputy Secretary of State and this responsibility

shall not be delegated.

INTERNATIONAL FUND FOR IRELAND

For necessary expenses to carry out the provisions of chapter

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

which shall be available for the United States contribution to the

International Fund for Ireland and shall be made available in

119 STAT. 2182 PUBLIC LAW 109–102—NOV. 14, 2005

accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415): Provided, That such amount

shall be expended at the minimum rate necessary to make timely

payment for projects and activities: Provided further, That funds

made available under this heading shall remain available until

September 30, 2007.

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

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

Foreign Assistance Act of 1961 and the Support for East European

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

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

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

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

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

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

prosecutors.

(b) Funds appropriated under this heading shall be considered

to be economic assistance under the Foreign Assistance Act of

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

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

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

in this subsection regarding the application of section 529 of this

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

available for the economic revitalization program in Bosnia may

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

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

for East European Democracy (SEED) Act of 1989.

(d) The President is authorized to withhold funds appropriated

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

to the Committees on Appropriations that the Federation of Bosnia

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

A of the General Framework Agreement for Peace in Bosnia and

Herzegovina concerning the withdrawal of foreign forces, and that

intelligence cooperation on training, investigations, and related

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

ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

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

and the FREEDOM Support Act, for assistance for the Independent

States of the former Soviet Union and for related programs,

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

appropriated by this paragraph: Provided further, That funds made

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

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

and Nagorno-Karabagh: Provided further, That notwithstanding any

Applicability.

President.

Applicability.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2183

other provision of law, funds appropriated under this heading in

this Act or prior Acts making appropriations for foreign operations,

export financing, and related programs, that are made available

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

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

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

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

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

AIDS, tuberculosis and other infectious diseases, and for related

activities.

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

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

should be made available for nuclear reactor safety initiatives,

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

mine safety programs.

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

shall be made available for the Business Information Service for

the Newly Independent States.

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

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

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

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

equipment necessary to develop a nuclear reactor, related

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

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

organizations providing humanitarian relief to refugees and

internally displaced persons in Chechnya.

(2) Paragraph (1) shall not apply to—

(A) assistance to combat infectious diseases, child survival

activities, or assistance for victims of trafficking in persons;

and

(B) activities authorized under title V (Nonproliferation

and Disarmament Programs and Activities) of the FREEDOM

Support Act.

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

to—

(1) activities to support democracy or assistance under

title V of the FREEDOM Support Act and section 1424 of

Public Law 104–201 or non-proliferation assistance;

(2) any assistance provided by the Trade and Development

Agency under section 661 of the Foreign Assistance Act of

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

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

States and Foreign Commercial Service while acting within

his or her official capacity;

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

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

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

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

Act of 1945; or

(6) humanitarian assistance.

President.

Certification.

Russian

Federation.

119 STAT. 2184 PUBLIC LAW 109–102—NOV. 14, 2005

INDEPENDENT AGENCIES

INTER-AMERICAN FOUNDATION

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

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

available until September 30, 2007.

AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the International

Security and Development Cooperation Act of 1980, Public Law

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

Provided, That funds made available to grantees may be invested

pending expenditure for project purposes when authorized by the

Board of Directors of the Foundation: Provided further, That interest

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

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

of the African Development Foundation Act, in exceptional circumstances the Board of Directors of the Foundation may waive

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

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

report to the Committees on Appropriations after each time such

waiver authority is exercised.

PEACE CORPS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of the Peace

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

five passenger motor vehicles for administrative purposes for use

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

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

Provided further, That the Director may transfer to the Foreign

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

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

transferred pursuant to the previous proviso may not be derived

from amounts made available for Peace Corps overseas operations.

MILLENNIUM CHALLENGE CORPORATION

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

That of the funds appropriated under this heading, up to

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

Millennium Challenge Corporation: Provided further, That up to

10 percent of the funds appropriated under this heading may be

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

Millennium Challenge Act of 2003 for candidate countries for fiscal

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

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

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

the candidate countries that will be receiving assistance under

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

such country, a description of the proposed programs, projects and

Reports.

Abortion.

Reports.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2185

activities, and the implementing agency or agencies of the United

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

Millennium Challenge Act of 2003 shall apply to funds appropriated

under this heading: Provided further, That funds appropriated

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

contains a commitment to obligate subject to the availability of

funds and the mutual agreement of the parties to the Compact

to proceed, the entire amount of the United States Government

funding anticipated for the duration of the Compact.

DEPARTMENT OF STATE

GLOBAL HIV/AIDS INITIATIVE

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and

control of, and research on, HIV/AIDS, $1,995,000,000, to remain

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

available, notwithstanding any other provision of law, except for

the United States Leadership Against HIV/AIDS, Tuberculosis and

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

Malaria, and shall be expended at the minimum rate necessary

to make timely payment for projects and activities.

DEMOCRACY FUND

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

Foreign Assistance Act of 1961 for the promotion of democracy,

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

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

2008: Provided, That funds appropriated under this heading shall

be made available notwithstanding any other provision of law,

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

Human Rights and Democracy Fund of the Bureau of Democracy,

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

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

for Democracy: Provided further, That funds appropriated under

this heading are in addition to funds otherwise available for such

purposes: Provided further, That funds made available by title

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

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

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

to the regular notification procedures of the Committees on Appropriations.

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

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

available to the extent that they are matched from sources other

than the United States Government.

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

for programs and activities to foster democracy, governance, human

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

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

with a significant Muslim population, and where such programs

and activities would be important to United States efforts to respond

Applicability.

119 STAT. 2186 PUBLIC LAW 109–102—NOV. 14, 2005

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

such funds should support new initiatives and activities in those

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

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

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

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

that support the advancement of democracy in Iran and Syria.

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

are made available to the National Endowment for Democracy

may be made available notwithstanding any other provision of

law or regulation.

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

procedures of the Committees on Appropriations.

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $477,200,000, to remain available until

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

Department of State may also use the authority of section 608

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

States Government for the purpose of providing it to a foreign

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

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

Committees on Appropriations not later than 45 days after the

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

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

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

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

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

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

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

this heading should be made available for demand reduction programs: Provided further, That of the funds appropriated under this heading, not more than $33,484,000 may be available for

administrative expenses.

ANDEAN COUNTERDRUG INITIATIVE

For necessary expenses to carry out section 481 of the Foreign

Assistance Act of 1961 to support counterdrug activities in the

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

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

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

against narcotics trafficking, against activities by organizations designated as terrorist organizations such as the Revolutionary Armed

Forces of Colombia (FARC), the National Liberation Army (ELN),

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

Deadline.

Reports.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2187

take actions to protect human health and welfare in emergency

circumstances, including undertaking rescue operations: Provided

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

Forces are not conducting vigorous operations to restore government

authority and respect for human rights in areas under the effective

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

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

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

helicopter shall be immediately returned to the United States:

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

the Administrator of the United States Agency for International

Development, shall provide to the Committees on Appropriations

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

Act and prior to the initial obligation of funds appropriated under

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

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

foreign terrorist organizations in Colombia shall be subject to prior

consultation with, and the regular notification procedures of, the

Committees on Appropriations: Provided further, That section

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

funds appropriated under this heading: Provided further, That

assistance provided with funds appropriated under this heading

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

Assistance Act of 1961 shall be made available subject to the

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

heading that are available for alternative development/institution

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

to the United States Agency for International Development

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

Agency for International Development under the previous proviso,

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

including what activities will be funded and the amount of funds

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

responsibility of the Administrator of the United States Agency

for International Development in consultation with the Assistant

Secretary of State for International Narcotics and Law Enforcement

Affairs: Provided further, That of the funds appropriated under

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

programs in Colombia, not less than $8,000,000 shall be made

available to the United States Agency for International Development for organizations and programs to protect human rights:

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

appropriated by this Act that are used for the procurement of

chemicals for aerial coca and poppy fumigation programs may be

made available for such programs unless the Secretary of State

certifies to the Committees on Appropriations that: (1) the herbicide

is being used in accordance with EPA label requirements for comparable use in the United States and with Colombian laws; and

(2) the herbicide, in the manner it is being used, does not pose

unreasonable risks or adverse effects to humans or the environment

including endemic species: Provided further, That such funds may

Deadline.

Reports.

President.

119 STAT. 2188 PUBLIC LAW 109–102—NOV. 14, 2005

not be made available unless the Secretary of State certifies to

the Committees on Appropriations that complaints of harm to

health or licit crops caused by such fumigation are evaluated and

fair compensation is being paid for meritorious claims: Provided

further, That such funds may not be made available for such purposes unless programs are being implemented by the United States

Agency for International Development, the Government of

Colombia, or other organizations, in consultation with local communities, to provide alternative sources of income in areas where

security permits for small-acreage growers whose illicit crops are

targeted for fumigation: Provided further, That of the funds appro- priated under this heading, not less than $2,000,000 should be

made available for programs to protect biodiversity and indigenous

reserves in Colombia: Provided further, That funds appropriated

by this Act may be used for aerial fumigation in Colombia’s national

parks or reserves only if the Secretary of State determines that

it is in accordance with Colombian laws and that there are no

effective alternatives to reduce drug cultivation in these areas:

Provided further, That no United States Armed Forces personnel

or United States civilian contractor employed by the United States

will participate in any combat operation in connection with assistance made available by this Act for Colombia: Provided further,

That funds appropriated under this heading that are made available

for assistance for the Bolivian military may be made available

for such purposes only if the Secretary of State certifies that the

Bolivian military is respecting human rights, and civilian judicial

authorities are investigating and prosecuting, with the military’s

cooperation, military personnel who have been implicated in gross

violations of human rights: Provided further, That of the funds

appropriated under this heading, not more than $19,015,000 may

be available for administrative expenses of the Department of State,

and not more than $7,800,000 may be available, in addition to

amounts otherwise available for such purposes, for administrative

expenses of the United States Agency for International Development.

MIGRATION AND REFUGEE ASSISTANCE

For expenses, not otherwise provided for, necessary to enable

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

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

for Refugees, and other activities to meet refugee and migration

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

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

purchase and hire of passenger motor vehicles; and services as

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

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

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

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

funds made available under this heading shall be made available

for refugees from the former Soviet Union and Eastern Europe

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

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

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

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2189

to the appropriate committees of Congress) that the Magen David

Adom Society of Israel is not being denied participation in the

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

should be made available to develop effective responses to protracted

refugee situations, including the development of programs to assist

long-term refugee populations within and outside traditional camp

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

resource conservation projects and other projects designed to

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

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

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

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

January 31, 1967.

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For necessary expenses to carry out the provisions of section

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

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

expended.

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism,

demining and related programs and activities, $410,100,000, to

carry out the provisions of chapter 8 of part II of the Foreign

Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of

part II of the Foreign Assistance Act of 1961, section 504 of the

FREEDOM Support Act, section 23 of the Arms Export Control

Act or the Foreign Assistance Act of 1961 for demining activities,

the clearance of unexploded ordnance, the destruction of small

arms, and related activities, notwithstanding any other provision

of law, including activities implemented through nongovernmental

and international organizations, and section 301 of the Foreign

Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States

contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That of this amount not to exceed

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

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

other than the Independent States of the former Soviet Union

and international organizations when it is in the national security

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

appropriated under this heading may be made available for the

International Atomic Energy Agency only if the Secretary of State

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

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

Provided further, That of the funds made available for demining

119 STAT. 2190 PUBLIC LAW 109–102—NOV. 14, 2005

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

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

demining program: Provided further, That funds appropriated under

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

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

September 30, 2007.

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

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

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

DEBT RESTRUCTURING

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

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

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

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

result of concessional loans made to eligible countries, pursuant

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

concessional credit agreements with least developed countries, as

authorized under section 411 of the Agricultural Trade Development

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

guarantees and credit agreements, as authorized under section

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

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

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

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

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

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

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

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

only to fund debt reduction under the enhanced HIPC initiative

by—

(1) the Inter-American Development Bank;

(2) the African Development Fund;

(3) the African Development Bank; and

(4) the Central American Bank for Economic Integration:

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

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

credible evidence that the government of such country is engaged

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

its ability to develop and implement measures to alleviate poverty

and to devote adequate human and financial resources to that

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

the Secretary of the Treasury shall consult with the Committees

on Appropriations concerning which countries and international

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2191

financial institutions are expected to benefit from a United States

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

the Committees on Appropriations not less than 15 days in advance

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

payments to the HIPC Trust Fund of amounts for such countries

and institutions: Provided further, That the Secretary of the

Treasury may disburse funds designated for debt reduction through

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

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

accept new market-rate loans from the international financial

institution receiving debt repayment as a result of such

disbursement, other than loans made by such institutions to

export-oriented commercial projects that generate foreign

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

and

(2) have documented and demonstrated their commitment

to redirect their budgetary resources from international debt

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

previously available for such purposes:

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

411 of the Agricultural Trade Development and Assistance Act

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

Provided further, That none of the funds made available under

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

available for Sudan or Burma unless the Secretary of the Treasury

determines and notifies the Committees on Appropriations that

a democratically elected government has taken office.

TITLE III—MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section

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

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

That the civilian personnel for whom military education and

training may be provided under this heading may include civilians

who are not members of a government whose participation would

contribute to improved civil-military relations, civilian control of

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

funds appropriated under this heading for military education and

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

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

only be provided through the regular notification procedures of

the Committees on Appropriations.

FOREIGN MILITARY FINANCING PROGRAM

For expenses necessary for grants to enable the President to

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

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

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

grants only for Israel, and not less than $1,300,000,000 shall be

Notification.

Notification.

Deadline.

119 STAT. 2192 PUBLIC LAW 109–102—NOV. 14, 2005

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

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

That to the extent that the Government of Israel requests that

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

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

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

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

defense articles and defense services, including research and

development: Provided further, That of the funds appropriated by

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

for Jordan: Provided further, That funds appropriated or otherwise

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

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

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

None of the funds made available under this heading shall

be available to finance the procurement of defense articles, defense

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

the United States Government under the Arms Export Control

Act unless the foreign country proposing to make such procurements

has first signed an agreement with the United States Government

specifying the conditions under which such procurements may be

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

level increases in allocations shall be submitted through the regular

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

That none of the funds appropriated under this heading shall be

available for assistance for Sudan and Guatemala: Provided further,

That none of the funds appropriated under this heading may be

made available for assistance for Haiti except pursuant to the

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

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

for demining, the clearance of unexploded ordnance, and related

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

That only those countries for which assistance was justified for

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

1989 congressional presentation for security assistance programs

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

services that are not sold by the United States Government under

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

rate necessary to make timely payment for defense articles and

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

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

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

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

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

may be obligated for expenses incurred by the Department of

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

Arms Export Control Act, except that this limitation may be

exceeded only through the regular notification procedures of the

Israel.

Deadline.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2193

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

during fiscal year 2006 shall be transferred to an interest bearing

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

30 days of enactment of this Act.

PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section

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

That none of the funds appropriated under this heading shall be

obligated or expended except as provided through the regular

notification procedures of the Committees on Appropriations.

TITLE IV—MULTILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

For the United States contribution for the Global Environment

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

and Development as trustee for the Global Environment Facility

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

expended.

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by the Secretary of the Treasury, $950,000,000, to remain available

until expended.

CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE

AGENCY

For payment to the Multilateral Investment Guarantee Agency

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

until expended.

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the Multilateral Investment

Guarantee Agency may subscribe without fiscal year limitation

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

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

CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION

For payment to the Inter-American Investment Corporation

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

until expended.

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

MULTILATERAL INVESTMENT FUND

For payment to the Enterprise for the Americas Multilateral

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

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

until expended.

Egypt.

Deadline.

119 STAT. 2194 PUBLIC LAW 109–102—NOV. 14, 2005

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the

Treasury to the increase in resources of the Asian Development

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

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

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

For payment to the African Development Bank by the Secretary

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

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

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the African Development Bank

may subscribe without fiscal year limitation for the callable capital

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

amount not to exceed $88,333,855.

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the

Treasury to the increase in resources of the African Development

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

CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND

DEVELOPMENT

For payment to the European Bank for Reconstruction and

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

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

stock, to remain available until expended.

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the European Bank for

Reconstruction and Development may subscribe without fiscal year

limitation to the callable capital portion of the United States share

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

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

For the United States contribution by the Secretary of the

Treasury to increase the resources of the International Fund for

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

expended.

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section

301 of the Foreign Assistance Act of 1961, and of section 2 of

the United Nations Environment Program Participation Act of 1973,

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

this heading may be made available to the International Atomic

Energy Agency (IAEA).

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2195

TITLE V—GENERAL PROVISIONS

COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO

INTERNATIONAL FINANCIAL INSTITUTIONS

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

as payment to any international financial institution while the

United States Executive Director to such institution is compensated

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

excess of the rate provided for an individual occupying a position

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

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

to such institution is compensated by the institution at a rate

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

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

5, United States Code.

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

Bank, the African Development Fund, the International Monetary

Fund, the North American Development Bank, and the European

Bank for Reconstruction and Development.

RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS

AGENCIES

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

be made available to pay any voluntary contribution of the United

States to the United Nations (including the United Nations Development Program) if the United Nations implements or imposes any

taxation on any United States persons.

LIMITATION ON RESIDENCE EXPENSES

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

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

expenses of the United States Agency for International Development

during the current fiscal year: Provided, That appropriate steps

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

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

UNOBLIGATED BALANCES REPORT

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

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

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

unobligated and unexpended.

LIMITATION ON REPRESENTATIONAL ALLOWANCES

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

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

shall be available for entertainment allowances, for the United

119 STAT. 2196 PUBLIC LAW 109–102—NOV. 14, 2005

States Agency for International Development during the current

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

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

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

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

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

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

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

available for representation allowances: Provided further, That of

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

shall be available for entertainment allowances: Provided further,

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

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

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

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

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

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

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

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

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

entertainment allowances.

PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

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

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

to be provided unless such agreement includes a provision stating

that assistance provided by the United States shall be exempt

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

Secretary of State shall expeditiously seek to negotiate amendments

to existing bilateral agreements, as necessary, to conform with

this requirement.

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

2006 on funds appropriated by this Act by a foreign government

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

directly or through grantees, contractors and subcontractors shall

be withheld from obligation from funds appropriated for assistance

for fiscal year 2007 and allocated for the central government of

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

extent that the Secretary of State certifies and reports in writing

to the Committees on Appropriations that such taxes have not

been reimbursed to the Government of the United States.

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

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

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

be reprogrammed for assistance to countries which do not assess

taxes on United States assistance or which have an effective

Certification.

Reports.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2197

arrangement that is providing substantial reimbursement of such

taxes.

(e) DETERMINATIONS.—

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

country or entity the Secretary of State determines—

(A) does not assess taxes on United States assistance

or which has an effective arrangement that is providing

substantial reimbursement of such taxes; or

(B) the foreign policy interests of the United States

outweigh the policy of this section to ensure that United

States assistance is not subject to taxation.

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

the authority of this subsection with regard to any country

or entity.

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

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

prohibition against the taxation of assistance contained in this

section.

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

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

taxes and customs duties imposed on commodities financed

with United States assistance for programs for which funds

are appropriated by this Act; and

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

bilateral agreement between the Government of the United

States and the government of the country receiving assistance

that describes the privileges and immunities applicable to

United States foreign assistance for such country generally,

or an individual agreement between the Government of the

United States and such government that describes, among other

things, the treatment for tax purposes that will be accorded

the United States assistance provided under that agreement.

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 507. None of the funds appropriated or otherwise made

available pursuant to this Act shall be obligated or expended to

finance directly any assistance or reparations to Cuba, Libya, North

Korea, Iran, or Syria: Provided, That for purposes of this section,

the prohibition on obligations or expenditures shall include direct

loans, credits, insurance and guarantees of the Export-Import Bank

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

the prohibition shall not include activities of the Overseas Private

Investment Corporation in Libya: Provided further, That the

prohibition shall not include direct loans, credits, insurance and

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

for or in Libya.

MILITARY COUPS

SEC. 508. None of the funds appropriated or otherwise made

available pursuant to this Act shall be obligated or expended to

finance directly any assistance to the government of any country

whose duly elected head of government is deposed by military

coup or decree: Provided, That assistance may be resumed to such President.

Certification.

Regulations.

Deadline.

119 STAT. 2198 PUBLIC LAW 109–102—NOV. 14, 2005

government if the President determines and certifies to the Committees on Appropriations that subsequent to the termination of assistance a democratically elected government has taken office: Provided

further, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in

democratic processes: Provided further, That funds made available

pursuant to the previous provisos shall be subject to the regular

notification procedures of the Committees on Appropriations.

TRANSFERS

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

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

transfer authority provided in, this Act or any other appropriation

Act.

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

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

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

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

United States Government pursuant to the provisions of sections

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

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

available by this Act may be obligated under an appropriation

account to which they were not appropriated, except for transfers

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

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

the Foreign Assistance Act of 1961 to transfer funds, consults

with and provides a written policy justification to the Committees

on Appropriations of the House of Representatives and the Senate.

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

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

prior Acts, entered into between the United States Agency for

International Development and another agency of the United States

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

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

expressly provide that the Office of the Inspector General for the

agency receiving the transfer or allocation of such funds shall

perform periodic program and financial audits of the use of such

funds: Provided, That funds transferred under such authority may

be made available for the cost of such audits.

COMMERCIAL LEASING OF DEFENSE ARTICLES

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

subject to the regular notification procedures of the Committees

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

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

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

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

articles from United States commercial suppliers, not including

Major Defense Equipment (other than helicopters and other types

of aircraft having possible civilian application), if the President

determines that there are compelling foreign policy or national

security reasons for those defense articles being provided by

commercial lease rather than by government-to-government sale

under such Act.

President.

Deadline.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2199

AVAILABILITY OF FUNDS

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

shall remain available for obligation after the expiration of the

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

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

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

Arms Export Control Act, and funds provided under the heading

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

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

availability of such funds would otherwise have expired, if such

funds are initially obligated before the expiration of their respective

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

notwithstanding any other provision of this Act, any funds made

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

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

or obligated for cash disbursements in order to address balance

of payments or economic policy reform objectives, shall remain

available until expended.

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

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

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

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

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

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

pursuant to a program for which funds are appropriated under

this Act unless the President determines, following consultations

with the Committees on Appropriations, that assistance to such

country is in the national interest of the United States.

COMMERCE AND TRADE

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

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

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

Bank and the Overseas Private Investment Corporation shall be

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

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

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

markets at the time the resulting productive capacity is expected

to become operative and if the assistance will cause substantial

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

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

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

the benefits to industry and employment in the United States

are likely to outweigh the injury to United States producers of

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

of the Board so notifies the Committees on Appropriations.

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

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

of 1961 shall be available for any testing or breeding feasibility

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

production in a foreign country of an agricultural commodity for

119 STAT. 2200 PUBLIC LAW 109–102—NOV. 14, 2005

export which would compete with a similar commodity grown or

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

not prohibit—

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

impact on the export of agricultural commodities of the United

States; or

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

SURPLUS COMMODITIES

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

United States Executive Directors of the International Bank for

Reconstruction and Development, the International Development

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

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

for Reconstruction and Development, the African Development

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

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

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

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

will cause substantial injury to United States producers of the

same, similar, or competing commodity.

NOTIFICATION REQUIREMENTS

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

with the necessary administrative flexibility, none of the funds

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

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

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

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

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

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

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

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

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

the United States Agency for International Development Office

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

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

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

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

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

other operations not justified or in excess of the amount justified

to the Committees on Appropriations for obligation under any of

these specific headings unless the Committees on Appropriations

of both Houses of Congress are previously notified 15 days in

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

commitment of funds appropriated for the purposes of section 23

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

equipment, other than conventional ammunition, or other major

defense items defined to be aircraft, ships, missiles, or combat

President.

22 USC 262h

note.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2201

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

of the quantities justified to Congress unless the Committees on

Appropriations are notified 15 days in advance of such commitment:

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

amount previously justified to the Congress for obligation for such

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

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

notification in accordance with the regular notification procedures

of the Committees on Appropriations, may be waived if failure

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

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

to the Congress, or the appropriate congressional committees, shall

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

3 days after taking the action to which such notification requirement

was applicable, in the context of the circumstances necessitating

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

circumstances.

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL

ORGANIZATIONS AND PROGRAMS

SEC. 516. Subject to the regular notification procedures of the

Committees on Appropriations, funds appropriated under this Act

or any previously enacted Act making appropriations for foreign

operations, export financing, and related programs, which are

returned or not made available for organizations and programs

because of the implementation of section 307(a) of the Foreign

Assistance Act of 1961, shall remain available for obligation until

September 30, 2007.

INDEPENDENT STATES OF THE FORMER SOVIET UNION

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

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

shall be made available for assistance for a government of an

Independent State of the former Soviet Union if that government

directs any action in violation of the territorial integrity or national

sovereignty of any other Independent State of the former Soviet

Union, such as those violations included in the Helsinki Final

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

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

United States.

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

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

Provided, That this restriction does not apply to demilitarization,

demining or nonproliferation programs.

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

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

Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject

to the regular notification procedures of the Committees on Appropriations.

22 USC 5814

note.

119 STAT. 2202 PUBLIC LAW 109–102—NOV. 14, 2005

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

Independent States of the former Soviet Union shall be subject

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

resources) of the Foreign Assistance Act of 1961.

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

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

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

in prior appropriations Acts, for projects or activities that have

as one of their primary purposes the fostering of private sector

development, the Coordinator for United States Assistance to

Europe and Eurasia and the implementing agency shall encourage

the participation of and give significant weight to contractors and

grantees who propose investing a significant amount of their own

resources (including volunteer services and in-kind contributions)

in such projects and activities.

PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY

STERILIZATION

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

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

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

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

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

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

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

to undergo sterilizations. None of the funds made available to

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

may be used to pay for any biomedical research which relates

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

or involuntary sterilization as a means of family planning. None

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

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

for any country or organization if the President certifies that the

use of these funds by any such country or organization would

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

EXPORT FINANCING TRANSFER AUTHORITIES

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

than for administrative expenses made available for fiscal year

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

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

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

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

shall be subject to the regular notification procedures of the

Committees on Appropriations.

SPECIAL NOTIFICATION REQUIREMENTS

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

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

Zimbabwe, Pakistan, or Cambodia except as provided through the

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2203

regular notification procedures of the Committees on Appropriations.

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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

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

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

following accounts: Economic Support Fund and Foreign Military

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

considered to include country, regional, and central program level

funding within each such account; for the development assistance

accounts of the United States Agency for International Development

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

central, country, regional, and program level funding, either as:

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

in accordance with a report, to be provided to the Committees

on Appropriations within 30 days of the enactment of this Act,

as required by section 653(a) of the Foreign Assistance Act of

1961.

CHILD SURVIVAL AND HEALTH ACTIVITIES

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

this Act for assistance under the heading ‘‘Child Survival and

Health Programs Fund’’, may be used to reimburse United States

Government agencies, agencies of State governments, institutions

of higher learning, and private and voluntary organizations for

the full cost of individuals (including for the personal services

of such individuals) detailed or assigned to, or contracted by, as

the case may be, the United States Agency for International

Development for the purpose of carrying out activities under that

heading: Provided, That up to $3,500,000 of the funds made available by this Act for assistance under the heading ‘‘Development

Assistance’’ may be used to reimburse such agencies, institutions,

and organizations for such costs of such individuals carrying out

other development assistance activities: Provided further, That

funds appropriated by titles II and III of this Act that are made

available for bilateral assistance for child survival activities or

disease programs including activities relating to research on, and

the prevention, treatment and control of, HIV/AIDS may be made

available notwithstanding any other provision of law except for

the provisions under the heading ‘‘Child Survival and Health Programs Fund’’ and the United States Leadership Against HIV/AIDS,

Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C.

7601 et seq.), as amended: Provided further, That of the funds

appropriated under title II of this Act, not less than $440,000,000

shall be made available for family planning/reproductive health:

Provided further, That the Comptroller General of the United States

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

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

Programs Fund’’, to include specific recommendations on improving

the effectiveness of such funds.

Audit.

HIV/AIDS.

Reports.

Deadline.

119 STAT. 2204 PUBLIC LAW 109–102—NOV. 14, 2005

AFGHANISTAN

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

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

for humanitarian, reconstruction, and related assistance for

Afghanistan: Provided, That of the funds made available pursuant

to this section, not less than $3,000,000 should be made available

for reforestation activities: Provided further, That funds made available pursuant to the previous proviso should be matched, to the

maximum extent possible, with contributions from American and

Afghan businesses: Provided further, That of the funds allocated

for assistance for Afghanistan from this Act and other Acts making

appropriations for foreign operations, export financing, and related

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

be made available to support programs that directly address the

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

shall be made available for grants to support training and equipment to improve the capacity of women-led Afghan nongovernmental organizations and to support the activities of such organizations: Provided further, That of the funds made available pursuant

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

for the Afghan Independent Human Rights Commission and for

other Afghan human rights organizations.

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 524. Prior to providing excess Department of Defense

articles in accordance with section 516(a) of the Foreign Assistance

Act of 1961, the Department of Defense shall notify the Committees

on Appropriations to the same extent and under the same conditions

as are other committees pursuant to subsection (f) of that section:

Provided, That before issuing a letter of offer to sell excess defense

articles under the Arms Export Control Act, the Department of

Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees

if such defense articles are significant military equipment (as

defined in section 47(9) of the Arms Export Control Act) or are

valued (in terms of original acquisition cost) at $7,000,000 or more,

or if notification is required elsewhere in this Act for the use

of appropriated funds for specific countries that would receive such

excess defense articles: Provided further, That such Committees

shall also be informed of the original acquisition cost of such defense

articles.

HIV/AIDS

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

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

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

obligation to the Global Fund until the Secretary of State certifies

to the Committees on Appropriations that the Global Fund—

(1) has established clear progress indicators upon which

to determine the release of incremental disbursements;

(2) is releasing such incremental disbursements only if

progress is being made based on those indicators; and

Certification.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2205

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

mandates.

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

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

the United States.

BURMA

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

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

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

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

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

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

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

under this heading may be made available notwithstanding any

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

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

be made available for assistance for community-based organizations

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

Provided further, That funds made available under this section

shall be subject to the regular notification procedures of the

Committees on Appropriations.

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

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

and Development Council in Burma, directly or through groups

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

States from its contribution to the Global Fund pursuant to section

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

PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

SEC. 527. (a) Funds appropriated for bilateral assistance under

any heading of this Act and funds appropriated under any such

heading in a provision of law enacted prior to the enactment of

this Act, shall not be made available to any country which the

President determines—

(1) grants sanctuary from prosecution to any individual

or group which has committed an act of international terrorism;

or

(2) otherwise supports international terrorism.

(b) The President may waive the application of subsection (a)

to a country if the President determines that national security

or humanitarian reasons justify such waiver. The President shall

publish each waiver in the Federal Register and, at least 15 days

President.

Federal Register,

publication.

Deadline.

Notification.

President.

President.

50 USC 1701

note.

119 STAT. 2206 PUBLIC LAW 109–102—NOV. 14, 2005

before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver)

in accordance with the regular notification procedures of the

Committees on Appropriations.

DEBT-FOR-DEVELOPMENT

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

nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a

grantee or contractor of the United States Agency for International

Development may place in interest bearing accounts local currencies

which accrue to that organization as a result of economic assistance

provided under title II of this Act and, subject to the regular

notification procedures of the Committees on Appropriations, any

interest earned on such investment shall be used for the purpose

for which the assistance was provided to that organization.

SEPARATE ACCOUNTS

SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—

(1) If assistance is furnished to the government of a foreign

country under chapters 1 and 10 of part I or chapter 4 of

part II of the Foreign Assistance Act of 1961 under agreements

which result in the generation of local currencies of that

country, the Administrator of the United States Agency for

International Development shall—

(A) require that local currencies be deposited in a

separate account established by that government;

(B) enter into an agreement with that government

which sets forth—

(i) the amount of the local currencies to be generated; and

(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with

this section; and

(C) establish by agreement with that government the

responsibilities of the United States Agency for International Development and that government to monitor and

account for deposits into and disbursements from the separate account.

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

with the foreign government, local currencies deposited in a

separate account pursuant to subsection (a), or an equivalent

amount of local currencies, shall be used only—

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

4 of part II (as the case may be), for such purposes as—

(i) project and sector assistance activities; or

(ii) debt and deficit financing; or

(B) for the administrative requirements of the United

States Government.

(3) PROGRAMMING ACCOUNTABILITY.—The United States

Agency for International Development shall take all necessary

steps to ensure that the equivalent of the local currencies

disbursed pursuant to subsection (a)(2)(A) from the separate

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

the purposes agreed upon pursuant to subsection (a)(2).

22 USC 2362

note.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2207

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

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

unencumbered balances of funds which remain in a separate

account established pursuant to subsection (a) shall be disposed

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

of that country and the United States Government.

(5) REPORTING REQUIREMENT.—The Administrator of the

United States Agency for International Development shall

report on an annual basis as part of the justification documents

submitted to the Committees on Appropriations on the use

of local currencies for the administrative requirements of the

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

and such report shall include the amount of local currency

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

for such purpose in each applicable country.

(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—

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

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

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

transfer assistance or as nonproject sector assistance, that

country shall be required to maintain such funds in a separate

account and not commingle them with any other funds.

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

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

assistance including provisions which are referenced in the

Joint Explanatory Statement of the Committee of Conference

accompanying House Joint Resolution 648 (House Report No.

98–1159).

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

any such cash transfer or nonproject sector assistance, the

President shall submit a notification through the regular

notification procedures of the Committees on Appropriations,

which shall include a detailed description of how the funds

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

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

policy reforms that will be promoted by such assistance).

(4) EXEMPTION.—Nonproject sector assistance funds may

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

through the notification procedures of the Committees on

Appropriations.

ENTERPRISE FUND RESTRICTIONS

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

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

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

procedures of the Committees on Appropriations, a plan for the

distribution of the assets of the Enterprise Fund.

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

shall be expended at the minimum rate necessary to make timely

payment for projects and activities.

President.

President.

119 STAT. 2208 PUBLIC LAW 109–102—NOV. 14, 2005

FINANCIAL MARKET ASSISTANCE IN TRANSITION COUNTRIES

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

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

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

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

should be made available for building capital markets and financial

systems in countries in transition.

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION

AND AFRICAN DEVELOPMENT FOUNDATION

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

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

Acts authorizing or making appropriations for foreign operations,

export financing, and related programs, shall not be construed

to prohibit activities authorized by or conducted under the Peace

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

Development Foundation Act. The agency shall promptly report

to the Committees on Appropriations whenever it is conducting

activities or is proposing to conduct activities in a country for

which assistance is prohibited.

IMPACT ON JOBS IN THE UNITED STATES

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

be obligated or expended to provide—

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

such an enterprise to relocate outside the United States if

such incentive or inducement is likely to reduce the number

of employees of such business enterprise in the United States

because United States production is being replaced by such

enterprise outside the United States; or

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

contributes to the violation of internationally recognized

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

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

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

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

be commensurate with the level of development of the recipient

country and sector, and shall not preclude assistance for the

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

SPECIAL AUTHORITIES

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

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

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

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

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

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

displaced children, and displaced Burmese, and to assist victims

Reports.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2209

of trafficking in persons and, subject to the regular notification

procedures of the Committees on Appropriations, to combat such

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

(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION

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

the Foreign Assistance Act of 1961 may be used, notwithstanding

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

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

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

of the Foreign Assistance Act of 1961.

(c) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by

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

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

II of the Agricultural Trade Development and Assistance Act of

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

Development to employ up to 25 personal services contractors in

the United States, notwithstanding any other provision of law,

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

expanded overseas programs and activities managed by the agency

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

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

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

services contractors assigned to the Office of Food for Peace.

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

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

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

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

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

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

the enactment of this Act.

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

United States Agency for International Development may provide

an exception to the fair opportunity process for placing task orders

under such contracts when the order is placed with any category

of small or small disadvantaged business.

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

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

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

2007’’.

(g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing

assistance with funds appropriated by this Act under section

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

nation emerging from instability may be deemed to mean support

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

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

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

Bureau for Democracy, Conflict, and Humanitarian Assistance of

119 STAT. 2210 PUBLIC LAW 109–102—NOV. 14, 2005

the United States Agency for International Development, from this

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

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

(i) UNIVERSITY PROGRAMS.—Notwithstanding any other provision of law, of the funds appropriated under the heading ‘‘Development Assistance’’ in this Act, up to $5,000,000 shall be made available to American educational institutions for programs and activities in the People’s Republic of China relating to the environment,

democracy, and the rule of law: Provided, That funds made available

pursuant to this authority shall be subject to the regular notification

procedures of the Committees on Appropriations.

(j) EXTENSION OF AUTHORITY.— (1) With respect to funds appropriated by this Act that

are available for assistance for Pakistan, the President may

waive the prohibition on assistance contained in section 508

of this Act subject to the requirements contained in section

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

and certification, and consultation, by the President prior to

the exercise of such waiver authority.

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

Assistance Act of 1961 shall not apply with respect to assistance

for Pakistan from funds appropriated by this Act.

(3) Notwithstanding the date contained in section 6 of

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

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

fiscal year.

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

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

available for the Middle East Partnership Initiative, up to

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

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

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

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

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

such funds may be made available to the Foundation only to the

extent that the Foundation has commitments from sources other

than the United States Government to at least match the funds

provided under the authority of this subsection: Provided further,

That provisions contained in section 201 of the Support for East

European Democracy (SEED) Act of 1989 (excluding the authorizations of appropriations provided in subsection (b) of that section)

shall be deemed to apply to any such foundation or similar entity

referred to under this subsection, and to funds made available

to such entity, in order to enable it to provide assistance for purposes of this section: Provided further, That prior to the initial

obligation of funds for any such foundation or similar entity pursuant to the authorities of this subsection, other than for administrative support, the Secretary of State shall take steps to ensure,

on an ongoing basis, that any such funds made available pursuant

to such authorities are not provided to or through any individual

or group that the management of the foundation or similar entity

knows or has reason to believe, advocates, plans, sponsors, or otherwise engages in terrorist activities: Provided further, That section

530 of this Act shall apply to any such foundation or similar

Termination entity established pursuant to this subsection: Provided further, date.

Applicability.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2211

That the authority of the Foundation, or any similar entity, to

provide assistance shall cease to be effective on September 30,

2010.

(l) EXTENSION OF AUTHORITY.—(1) Section 21(h)(1)(A) of the

Arms Export Control Act (22 U.S.C. 2761(h)(1)(A)) is amended

by inserting after ‘‘North Atlantic Treaty Organization’’ the following: ‘‘or the Governments of Australia, New Zealand, Japan,

or Israel’’.

(2) Section 21(h)(2) of the Arms Export Control Act (22

U.S.C. 2761(h)(2)) is amended by striking ‘‘or to any member

government that Organization if that Organization or member

government’’ and inserting the following: ‘‘, to any member

of that Organization, or to the Governments of Australia, New

Zealand, Japan, or Israel if that Organization, member government, or the Governments of Australia, New Zealand, Japan,

or Israel’’.

(3) Section 541 of the Foreign Assistance Act of 1961 (22

U.S.C. 2347) is amended—

(A) in the first sentence, by striking ‘‘The President’’

and inserting ‘‘(a) The President’’; and

(B) by adding at the end the following new subsection:

‘‘(b) The President shall seek reimbursement for military education and training furnished under this chapter from countries

using assistance under section 23 of the Arms Export Control

Act (22 U.S.C. 2763, relating to the Foreign Military Financing

Program) to purchase such military education and training at a

rate comparable to the rate charged to countries receiving grant

assistance for military education and training under this chapter.’’.

(m) EXTENSION OF AUTHORITY.—The Foreign Operations,

Export Financing, and Related Programs Appropriations Act, 1990

(Public Law 101–167) is amended—

(1) in section 599D (8 U.S.C. 1157 note)—

(A) in subsection (b)(3), by striking ‘‘and 2005’’ and

inserting ‘‘2005, and 2006’’; and

(B) in subsection (e), by striking ‘‘2005’’ each place

it appears and inserting ‘‘2006’’; and

(2) in section 599E (8 U.S.C. 1255 note) in subsection

(b)(2), by striking ‘‘2005’’ and inserting ‘‘2006’’.

ARAB LEAGUE BOYCOTT OF ISRAEL

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

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

boycott of American firms that have commercial ties with Israel,

is an impediment to peace in the region and to United States

investment and trade in the Middle East and North Africa;

(2) the Arab League boycott, which was regrettably

reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded;

(3) all Arab League states should normalize relations with

their neighbor Israel;

(4) the President and the Secretary of State should continue

to vigorously oppose the Arab League boycott of Israel and

find concrete steps to demonstrate that opposition by, for

example, taking into consideration the participation of any

recipient country in the boycott when determining to sell

weapons to said country; and

President.

119 STAT. 2212 PUBLIC LAW 109–102—NOV. 14, 2005

(5) the President should report to Congress annually on

specific steps being taken by the United States to encourage

Arab League states to normalize their relations with Israel

to bring about the termination of the Arab League boycott

of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses

from complying with the boycott and penalizing businesses

that do comply.

ELIGIBILITY FOR ASSISTANCE

SEC. 536. (a) ASSISTANCE THROUGH NONGOVERNMENTAL

ORGANIZATIONS.—Restrictions contained in this or any other Act

with respect to assistance for a country shall not be construed

to restrict assistance in support of programs of nongovernmental

organizations from funds appropriated by this Act to carry out

the provisions of chapters 1, 10, 11, and 12 of part I and chapter

4 of part II of the Foreign Assistance Act of 1961, and from funds

appropriated under the heading ‘‘Assistance for Eastern Europe

and the Baltic States’’: Provided, That before using the authority

of this subsection to furnish assistance in support of programs

of nongovernmental organizations, the President shall notify the

Committees on Appropriations under the regular notification procedures of those committees, including a description of the program

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

for furnishing such assistance: Provided further, That nothing in

this subsection shall be construed to alter any existing statutory

prohibitions against abortion or involuntary sterilizations contained

in this or any other Act.

(b) PUBLIC LAW 480.—During fiscal year 2006, restrictions contained in this or any other Act with respect to assistance for

a country shall not be construed to restrict assistance under the

Agricultural Trade Development and Assistance Act of 1954: Provided, That none of the funds appropriated to carry out title I

of such Act and made available pursuant to this subsection may

be obligated or expended except as provided through the regular

notification procedures of the Committees on Appropriations.

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

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

Act of 1961 or any comparable provision of law prohibiting

assistance to countries that support international terrorism;

or

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

Act of 1961 or any comparable provision of law prohibiting

assistance to the government of a country that violates internationally recognized human rights.

RESERVATIONS OF FUNDS

SEC. 537. (a) Funds appropriated by this Act which are earmarked may be reprogrammed for other programs within the same

account notwithstanding the earmark if compliance with the earmark is made impossible by operation of any provision of this

or any other Act: Provided, That any such reprogramming shall

be subject to the regular notification procedures of the Committees

on Appropriations: Provided further, That assistance that is

reprogrammed pursuant to this subsection shall be made available

under the same terms and conditions as originally provided.

President.

Notification.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2213

(b) In addition to the authority contained in subsection (a),

the original period of availability of funds appropriated by this

Act and administered by the United States Agency for International

Development that are earmarked for particular programs or activities by this or any other Act shall be extended for an additional

fiscal year if the Administrator of such agency determines and

reports promptly to the Committees on Appropriations that the

termination of assistance to a country or a significant change in

circumstances makes it unlikely that such earmarked funds can

be obligated during the original period of availability: Provided,

That such earmarked funds that are continued available for an

additional fiscal year shall be obligated only for the purpose of

such earmark.

CEILINGS AND EARMARKS

SEC. 538. Ceilings and earmarks contained in this Act shall

not be applicable to funds or authorities appropriated or otherwise

made available by any subsequent Act unless such Act specifically

so directs. Earmarks or minimum funding requirements contained

in any other Act shall not be applicable to funds appropriated

by this Act.

PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 539. No part of any appropriation contained in this Act

shall be used for publicity or propaganda purposes within the

United States not authorized before the date of the enactment

of this Act by the Congress: Provided, That not to exceed $25,000

may be made available to carry out the provisions of section 316

of Public Law 96–533.

PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

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

pursuant to this Act for carrying out the Foreign Assistance Act

of 1961, may be used to pay in whole or in part any assessments,

arrearages, or dues of any member of the United Nations or, from

funds appropriated by this Act to carry out chapter 1 of part

I of the Foreign Assistance Act of 1961, the costs for participation

of another country’s delegation at international conferences held

under the auspices of multilateral or international organizations.

NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION

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

pursuant to this Act shall be available to a nongovernmental

organization which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of

the United States Agency for International Development.

PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING

INTERNATIONAL TERRORISM

SEC. 542. (a) None of the funds appropriated or otherwise

made available by this Act may be available to any foreign government which provides lethal military equipment to a country the

government of which the Secretary of State has determined is

119 STAT. 2214 PUBLIC LAW 109–102—NOV. 14, 2005

a terrorist government for purposes of section 6(j) of the Export

Administration Act of 1979. The prohibition under this section

with respect to a foreign government shall terminate 12 months

after that government ceases to provide such military equipment.

This section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997.

(b) Assistance restricted by subsection (a) or any other similar

provision of law, may be furnished if the President determines

that furnishing such assistance is important to the national

interests of the United States.

(c) Whenever the waiver authority of subsection (b) is exercised,

the President shall submit to the appropriate congressional committees a report with respect to the furnishing of such assistance.

Any such report shall include a detailed explanation of the assistance to be provided, including the estimated dollar amount of such

assistance, and an explanation of how the assistance furthers

United States national interests.

WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL

PROPERTY TAXES OWED BY FOREIGN COUNTRIES

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

by this Act that are made available for assistance for a foreign

country, an amount equal to 110 percent of the total amount of

the unpaid fully adjudicated parking fines and penalties and unpaid

property taxes owed by the central government of such country

shall be withheld from obligation for assistance for the central

government of such country until the Secretary of State submits

a certification to the appropriate congressional committees stating

that such parking fines and penalties and unpaid property taxes

are fully paid.

(b) Funds withheld from obligation pursuant to subsection (a)

may be made available for other programs or activities funded

by this Act, after consultation with and subject to the regular

notification procedures of the appropriate congressional committees,

provided that no such funds shall be made available for assistance

for the central government of a foreign country that has not paid

the total amount of the fully adjudicated parking fines and penalties

and unpaid property taxes owed by such country.

(c) Subsection (a) shall not include amounts that have been

withheld under any other provision of law.

(d)(1) The Secretary of State may waive the requirements set

forth in subsection (a) with respect to parking fines and penalties

no sooner than 60 days from the date of enactment of this Act,

or at any time with respect to a particular country, if the Secretary

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

to do so.

(2) The Secretary of State may waive the requirements set

forth in subsection (a) with respect to the unpaid property taxes

if the Secretary of State determines that it is in the national

interests of the United States to do so.

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

waiver authority in subsection (d), the Secretary of State, after

consultations with the City of New York, shall submit a report

to the Committees on Appropriations describing a strategy,

including a timetable and steps currently being taken, to collect

the parking fines and penalties and unpaid property taxes and

Deadline.

Reports.

Certification.

President.

Reports.

Applicability.

Termination

date.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2215

interest owed by nations receiving foreign assistance under this

Act.

(f) In this section:

(1) The term ‘‘appropriate congressional committees’’ means

the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives.

(2) The term ‘‘fully adjudicated’’ includes circumstances

in which the person to whom the vehicle is registered—

(A)(i) has not responded to the parking violation summons; or

(ii) has not followed the appropriate adjudication procedure to challenge the summons; and

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

to the summons has lapsed.

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

fines and penalties—

(A) owed to—

(i) the District of Columbia; or

(ii) New York, New York; and

(B) incurred during the period April 1, 1997, through

September 30, 2005.

(4) The term ‘‘unpaid property taxes’’ means the amount

of unpaid taxes and interest determined to be owed by a foreign

country on real property in the District of Columbia or New

York, New York in a court order or judgment entered against

such country by a court of the United States or any State

or subdivision thereof.

LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND

GAZA

SEC. 544. None of the funds appropriated by this Act may

be obligated for assistance for the Palestine Liberation Organization

for the West Bank and Gaza unless the President has exercised

the authority under section 604(a) of the Middle East Peace Facilitation Act of 1995 (title VI of Public Law 104–107) or any other

legislation to suspend or make inapplicable section 307 of the Foreign Assistance Act of 1961 and that suspension is still in effect:

Provided, That if the President fails to make the certification under

section 604(b)(2) of the Middle East Peace Facilitation Act of 1995

or to suspend the prohibition under other legislation, funds appropriated by this Act may not be obligated for assistance for the

Palestine Liberation Organization for the West Bank and Gaza.

WAR CRIMES TRIBUNALS DRAWDOWN

SEC. 545. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other

violations of international humanitarian law, the President may

direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services

for the United Nations War Crimes Tribunal established with

regard to the former Yugoslavia by the United Nations Security

Council or such other tribunals or commissions as the Council

may establish or authorize to deal with such violations, without

regard to the ceiling limitation contained in paragraph (2) thereof:

Provided, That the determination required under this section shall

be in lieu of any determinations otherwise required under section

119 STAT. 2216 PUBLIC LAW 109–102—NOV. 14, 2005

552(c): Provided further, That the drawdown made under this section for any tribunal shall not be construed as an endorsement

or precedent for the establishment of any standing or permanent

international criminal tribunal or court: Provided further, That

funds made available for tribunals other than Yugoslavia, Rwanda,

or the Special Court for Sierra Leone shall be made available

subject to the regular notification procedures of the Committees

on Appropriations.

LANDMINES

SEC. 546. Notwithstanding any other provision of law, demining

equipment available to the United States Agency for International

Development and the Department of State and used in support

of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign

countries, subject to such terms and conditions as the President

may prescribe.

RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

SEC. 547. None of the funds appropriated by this Act may

be obligated or expended to create in any part of Jerusalem a

new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho

or any successor Palestinian governing entity provided for in the

Israel-PLO Declaration of Principles: Provided, That this restriction

shall not apply to the acquisition of additional space for the existing

Consulate General in Jerusalem: Provided further, That meetings

between officers and employees of the United States and officials

of the Palestinian Authority, or any successor Palestinian governing

entity provided for in the Israel-PLO Declaration of Principles,

for the purpose of conducting official United States Government

business with such authority should continue to take place in locations other than Jerusalem. As has been true in the past, officers

and employees of the United States Government may continue

to meet in Jerusalem on other subjects with Palestinians (including

those who now occupy positions in the Palestinian Authority), have

social contacts, and have incidental discussions.

PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

SEC. 548. None of the funds appropriated or otherwise made

available by this Act under the heading ‘‘International Military

Education and Training’’ or ‘‘Foreign Military Financing Program’’

for Informational Program activities or under the headings ‘‘Child

Survival and Health Programs Fund’’, ‘‘Development Assistance’’,

and ‘‘Economic Support Fund’’ may be obligated or expended to

pay for—

(1) alcoholic beverages; or

(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited

to entrance fees at sporting events, theatrical and musical

productions, and amusement parks.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2217

HAITI

SEC. 549. (a) Of the funds appropriated by this Act, the following amounts shall be made available for assistance for Haiti—

(1) $20,000,000 from ‘‘Child Survival and Health Programs

Fund’’;

(2) $30,000,000 from ‘‘Development Assistance’’;

(3) $50,000,000 from ‘‘Economic Support Fund’’;

(4) $15,000,000 from ‘‘International Narcotics Control and

Law Enforcement’’;

(5) $1,000,000 from ‘‘Foreign Military Financing Program’’;

and

(6) $215,000 from ‘‘International Military Education and

Training’’.

(b) The Government of Haiti shall be eligible to purchase

defense articles and services under the Arms Export Control Act

(22 U.S.C. 2751 et seq.), for the Coast Guard.

(c) None of the funds made available in this Act under the

heading ‘‘International Narcotics Control and Law Enforcement’’

may be used to transfer excess weapons, ammunition or other

lethal property of an agency of the United States Government

to the Government of Haiti for use by the Haitian National Police

until the Secretary of State certifies to the Committees on Appropriations that: (1) the United Nations Mission in Haiti

(MINUSTAH) has carried out the vetting of the senior levels of

the Haitian National Police and has ensured that those credibly

alleged to have committed serious crimes, including drug trafficking

and human rights violations, have been suspended; and (2) the

Transitional Haitian National Government is cooperating in a

reform and restructuring plan for the Haitian National Police and

the reform of the judicial system as called for in United Nations

Security Council Resolution 1608 adopted on June 22, 2005.

LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY

SEC. 550. (a) PROHIBITION OF FUNDS.—None of the funds appropriated by this Act to carry out the provisions of chapter 4 of

part II of the Foreign Assistance Act of 1961 may be obligated

or expended with respect to providing funds to the Palestinian

Authority.

(b) WAIVER.—The prohibition included in subsection (a) shall

not apply if the President certifies in writing to the Speaker of

the House of Representatives and the President pro tempore of

the Senate that waiving such prohibition is important to the

national security interests of the United States.

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

to subsection (b) shall be effective for no more than a period of

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

the enactment of this Act.

(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to

the Committees on Appropriations detailing the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons

and dismantle the terrorist infrastructure. The report shall also

include a description of how funds will be spent and the accounting

procedures in place to ensure that they are properly disbursed.

President.

Termination

date.

President.

Certification.

Certification.

119 STAT. 2218 PUBLIC LAW 109–102—NOV. 14, 2005

LIMITATION ON ASSISTANCE TO SECURITY FORCES

SEC. 551. None of the funds made available by this Act may

be provided to any unit of the security forces of a foreign country

if the Secretary of State has credible evidence that such unit has

committed gross violations of human rights, unless the Secretary

determines and reports to the Committees on Appropriations that

the government of such country is taking effective measures to

bring the responsible members of the security forces unit to justice:

Provided, That nothing in this section shall be construed to withhold

funds made available by this Act from any unit of the security

forces of a foreign country not credibly alleged to be involved in

gross violations of human rights: Provided further, That in the

event that funds are withheld from any unit pursuant to this

section, the Secretary of State shall promptly inform the foreign

government of the basis for such action and shall, to the maximum

extent practicable, assist the foreign government in taking effective

measures to bring the responsible members of the security forces

to justice.

FOREIGN MILITARY TRAINING REPORT

SEC. 552. The annual foreign military training report required

by section 656 of the Foreign Assistance Act of 1961 shall be

submitted by the Secretary of Defense and the Secretary of State

to the Committees on Appropriations of the House of Representatives and the Senate by the date specified in that section.

AUTHORIZATION REQUIREMENT

SEC. 553. Funds appropriated by this Act, except funds appropriated under the headings ‘‘Trade and Development Agency’’,

‘‘Overseas Private Investment Corporation’’, and ‘‘Global HIV/AIDS

Initiative’’, may be obligated and expended notwithstanding section

10 of Public Law 91–672 and section 15 of the State Department

Basic Authorities Act of 1956.

CAMBODIA

SEC. 554. (a)(1) None of the funds appropriated by this Act

may be made available for assistance for the Central Government

of Cambodia.

(2) Paragraph (1) shall not apply to assistance for basic education, reproductive and maternal and child health, cultural and

historic preservation, programs for the prevention, treatment, and

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

and other infectious diseases, development and implementation of

legislation and implementation of procedures on inter-country adoptions consistent with international standards, rule of law programs,

counternarcotics programs, programs to combat human trafficking

that are provided through nongovernmental organizations, anticorruption programs, and for the Ministry of Women and Veterans

Affairs to combat human trafficking.

(b) Notwithstanding any provision of this or any other Act,

of the funds appropriated by this Act under the heading ‘‘Economic

Support Fund’’, $15,000,000 shall be made available for activities

to support democracy, the rule of law, and human rights, including

assistance for democratic political parties in Cambodia.

Human rights.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2219

(c) Funds appropriated by this Act to carry out provisions

of section 541 of the Foreign Assistance Act of 1961 may be made

available notwithstanding subsection (a).

PALESTINIAN STATEHOOD

SEC. 555. (a) LIMITATION ON ASSISTANCE.—None of the funds

appropriated by this Act may be provided to support a Palestinian

state unless the Secretary of State determines and certifies to

the appropriate congressional committees that—

(1) a new leadership of a Palestinian governing entity

has been democratically elected through credible and competitive elections;

(2) the elected governing entity of a new Palestinian state—

(A) has demonstrated a firm commitment to peaceful

co-existence with the State of Israel;

(B) is taking appropriate measures to counter terrorism

and terrorist financing in the West Bank and Gaza,

including the dismantling of terrorist infrastructures;

(C) is establishing a new Palestinian security entity

that is cooperative with appropriate Israeli and other

appropriate security organizations; and

(3) the Palestinian Authority (or the governing body of

a new Palestinian state) is working with other countries in

the region to vigorously pursue efforts to establish a just,

lasting, and comprehensive peace in the Middle East that will

enable Israel and an independent Palestinian state to exist

within the context of full and normal relationships, which

should include—

(A) termination of all claims or states of belligerency;

(B) respect for and acknowledgement of the sovereignty, territorial integrity, and political independence

of every state in the area through measures including

the establishment of demilitarized zones;

(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force;

(D) freedom of navigation through international waterways in the area; and

(E) a framework for achieving a just settlement of

the refugee problem.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the newly-elected governing entity should enact a constitution

assuring the rule of law, an independent judiciary, and respect

for human rights for its citizens, and should enact other laws

and regulations assuring transparent and accountable governance.

(c) WAIVER.—The President may waive subsection (a) if he

determines that it is vital to the national security interests of

the United States to do so.

(d) EXEMPTION.—The restriction in subsection (a) shall not

apply to assistance intended to help reform the Palestinian

Authority and affiliated institutions, or a newly-elected governing

entity, in order to help meet the requirements of subsection (a),

consistent with the provisions of section 550 of this Act (‘‘Limitation

on Assistance to the Palestinian Authority’’).

119 STAT. 2220 PUBLIC LAW 109–102—NOV. 14, 2005

COLOMBIA

SEC. 556. (a) DETERMINATION AND CERTIFICATION REQUIRED.—

Funds appropriated by this Act that are available for assistance

for the Colombian Armed Forces, may be made available as follows:

(1) Up to 75 percent of such funds may be obligated prior

to a determination and certification by the Secretary of State

pursuant to paragraph (2).

(2) Up to 12.5 percent of such funds may be obligated

only after the Secretary of State certifies and reports to the

appropriate congressional committees that:

(A) The Commander General of the Colombian Armed

Forces is suspending from the Armed Forces those members, of whatever rank who, according to the Minister

of Defense or the Procuraduria General de la Nacion, have

been credibly alleged to have committed gross violations

of human rights, including extra-judicial killings, or to

have aided or abetted paramilitary organizations.

(B) The Colombian Government is vigorously investigating and prosecuting those members of the Colombian

Armed Forces, of whatever rank, who have been credibly

alleged to have committed gross violations of human rights,

including extra-judicial killings, or to have aided or abetted

paramilitary organizations, and is promptly punishing

those members of the Colombian Armed Forces found to

have committed such violations of human rights or to have

aided or abetted paramilitary organizations.

(C) The Colombian Armed Forces have made substantial progress in cooperating with civilian prosecutors and

judicial authorities in such cases (including providing

requested information, such as the identity of persons suspended from the Armed Forces and the nature and cause

of the suspension, and access to witnesses, relevant military

documents, and other requested information).

(D) The Colombian Armed Forces have made substantial progress in severing links (including denying access

to military intelligence, vehicles, and other equipment or

supplies, and ceasing other forms of active or tacit cooperation) at the command, battalion, and brigade levels, with

paramilitary organizations, especially in regions where

these organizations have a significant presence.

(E) The Colombian Government is dismantling paramilitary leadership and financial networks by arresting

commanders and financial backers, especially in regions

where these networks have a significant presence.

(F) The Colombian Government is taking effective steps

to ensure that the Colombian Armed Forces are not violating the land and property rights of Colombia’s indigenous communities.

(3) The balance of such funds may be obligated after July

31, 2006, if the Secretary of State certifies and reports to

the appropriate congressional committees, after such date, that

the Colombian Armed Forces are continuing to meet the conditions contained in paragraph (2) and are conducting vigorous

operations to restore government authority and respect for

human rights in areas under the effective control of paramilitary and guerrilla organizations.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2221

(b) CONGRESSIONAL NOTIFICATION.—Funds made available by

this Act for the Colombian Armed Forces shall be subject to the

regular notification procedures of the Committees on Appropriations.

(c) CONSULTATIVE PROCESS.—Not later than 60 days after the

date of enactment of this Act, and every 90 days thereafter until

September 30, 2007, the Secretary of State shall consult with internationally recognized human rights organizations regarding

progress in meeting the conditions contained in subsection (a).

(d) DEFINITIONS.—In this section:

(1) AIDED OR ABETTED.—The term ‘‘aided or abetted’’ means

to provide any support to paramilitary groups, including taking

actions which allow, facilitate, or otherwise foster the activities

of such groups.

(2) PARAMILITARY GROUPS.—The term ‘‘paramilitary

groups’’ means illegal self-defense groups and illegal security

cooperatives.

ILLEGAL ARMED GROUPS

SEC. 557. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN

ILLEGAL ARMED GROUPS.—Subject to subsection (b), the Secretary

of State shall not issue a visa to any alien who the Secretary

determines, based on credible evidence—

(1) has willfully provided any support to the Revolutionary

Armed Forces of Colombia (FARC), the National Liberation

Army (ELN), or the United Self-Defense Forces of Colombia

(AUC), including taking actions or failing to take actions which

allow, facilitate, or otherwise foster the activities of such groups;

or

(2) has committed, ordered, incited, assisted, or otherwise

participated in the commission of gross violations of human

rights, including extra-judicial killings, in Colombia.

(b) WAIVER.—Subsection (a) shall not apply if the Secretary

of State determines and certifies to the appropriate congressional

committees, on a case-by-case basis, that the issuance of a visa

to the alien is necessary to support the peace process in Colombia

or for urgent humanitarian reasons.

PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING

CORPORATION

SEC. 558. None of the funds appropriated or otherwise made

available by this Act may be used to provide equipment, technical

support, consulting services, or any other form of assistance to

the Palestinian Broadcasting Corporation.

WEST BANK AND GAZA PROGRAM

SEC. 559. (a) OVERSIGHT.—For fiscal year 2006, 30 days prior

to the initial obligation of funds for the bilateral West Bank and

Gaza Program, the Secretary of State shall certify to the appropriate

committees of Congress that procedures have been established to

assure the Comptroller General of the United States will have

access to appropriate United States financial information in order

to review the uses of United States assistance for the Program

funded under the heading ‘‘Economic Support Fund’’ for the West

Bank and Gaza.

Deadline.

Certification.

Procedures.

Deadlines.

Termination

date.

Human rights.

119 STAT. 2222 PUBLIC LAW 109–102—NOV. 14, 2005

(b) VETTING.—Prior to the obligation of funds appropriated

by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall

take all appropriate steps to ensure that such assistance is not

provided to or through any individual, private or government entity,

or educational institution that the Secretary knows or has reason

to believe advocates, plans, sponsors, engages in, or has engaged

in, terrorist activity. The Secretary of State shall, as appropriate,

establish procedures specifying the steps to be taken in carrying

out this subsection and shall terminate assistance to any individual,

entity, or educational institution which he has determined to be

involved in or advocating terrorist activity.

(c) PROHIBITION.—None of the funds appropriated by this Act

for assistance under the West Bank and Gaza program may be

made available for the purpose of recognizing or otherwise honoring

individuals who commit, or have committed, acts of terrorism.

(d) AUDITS.—

(1) The Administrator of the United States Agency for

International Development shall ensure that Federal or nonFederal audits of all contractors and grantees, and significant

subcontractors and subgrantees, under the West Bank and

Gaza Program, are conducted at least on an annual basis

to ensure, among other things, compliance with this section.

(2) Of the funds appropriated by this Act under the heading

‘‘Economic Support Fund’’ that are made available for assistance for the West Bank and Gaza, up to $1,000,000 may be

used by the Office of the Inspector General of the United

States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements

of this subsection. Such funds are in addition to funds otherwise

available for such purposes.

(e) Subsequent to the certification specified in subsection (a),

the Comptroller General of the United States shall conduct an

audit and an investigation of the treatment, handling, and uses

of all funds for the bilateral West Bank and Gaza Program in

fiscal year 2006 under the heading ‘‘Economic Support Fund’’. The

audit shall address—

(1) the extent to which such Program complies with the

requirements of subsections (b) and (c), and

(2) an examination of all programs, projects, and activities

carried out under such Program, including both obligations

and expenditures.

(f) Not later than 180 days after enactment of this Act, the

Secretary of State shall submit a report to the Committees on

Appropriations updating the report contained in section 2106 of

chapter 2 of title II of Public Law 109–13.

CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

SEC. 560. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION.—

Of the amounts made available under ‘‘International Organizations

and Programs’’ and ‘‘Child Survival and Health Programs Fund’’

for fiscal year 2006, $34,000,000 shall be made available for the

United Nations Population Fund (hereafter in this section referred

to as the ‘‘UNFPA’’): Provided, That of this amount, not less than

$22,500,000 shall be derived from funds appropriated under the

heading ‘‘International Organizations and Programs’’.

Deadline.

Reports.

Audits.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2223

(b) AVAILABILITY OF FUNDS.—Funds appropriated under the

heading ‘‘International Organizations and Programs’’ in this Act

that are available for UNFPA, that are not made available for

UNFPA because of the operation of any provision of law, shall

be transferred to ‘‘Child Survival and Health Programs Fund’’ and

shall be made available for family planning, maternal, and reproductive health activities, subject to the regular notification procedures of the Committees on Appropriations.

(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the

funds made available under ‘‘International Organizations and Programs’’ may be made available for the UNFPA for a country program in the People’s Republic of China.

(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Amounts made

available under ‘‘International Organizations and Programs’’ for

fiscal year 2006 for the UNFPA may not be made available to

UNFPA unless—

(1) the UNFPA maintains amounts made available to the

UNFPA under this section in an account separate from other

accounts of the UNFPA;

(2) the UNFPA does not commingle amounts made available to the UNFPA under this section with other sums; and

(3) the UNFPA does not fund abortions.

WAR CRIMINALS

SEC. 561. (a)(1) None of the funds appropriated or otherwise

made available pursuant to this Act may be made available for

assistance, and the Secretary of the Treasury shall instruct the

United States executive directors to the international financial

institutions to vote against any new project involving the extension

by such institutions of any financial or technical assistance, to

any country, entity, or municipality whose competent authorities

have failed, as determined by the Secretary of State, to take necessary and significant steps to implement its international legal

obligations to apprehend and transfer to the International Criminal

Tribunal for the former Yugoslavia (the ‘‘Tribunal’’) all persons

in their territory who have been indicted by the Tribunal and

to otherwise cooperate with the Tribunal.

(2) The provisions of this subsection shall not apply to humanitarian assistance or assistance for democratization.

(b) The provisions of subsection (a) shall apply unless the

Secretary of State determines and reports to the appropriate

congressional committees that the competent authorities of such

country, entity, or municipality are—

(1) cooperating with the Tribunal, including access for

investigators to archives and witnesses, the provision of documents, and the surrender and transfer of indictees or assistance

in their apprehension; and

(2) are acting consistently with the Dayton Accords.

(c) Not less than 10 days before any vote in an international

financial institution regarding the extension of any new project

involving financial or technical assistance or grants to any country

or entity described in subsection (a), the Secretary of the Treasury,

in consultation with the Secretary of State, shall provide to the

Committees on Appropriations a written justification for the proposed assistance, including an explanation of the United States

position regarding any such vote, as well as a description of the

Deadline.

Justification.

Applicability.

Reports.

119 STAT. 2224 PUBLIC LAW 109–102—NOV. 14, 2005

location of the proposed assistance by municipality, its purpose,

and its intended beneficiaries.

(d) In carrying out this section, the Secretary of State, the

Administrator of the United States Agency for International

Development, and the Secretary of the Treasury shall consult with

representatives of human rights organizations and all government

agencies with relevant information to help prevent indicted war

criminals from benefiting from any financial or technical assistance

or grants provided to any country or entity described in subsection

(a).

(e) The Secretary of State may waive the application of subsection (a) with respect to projects within a country, entity, or

municipality upon a written determination to the Committees on

Appropriations that such assistance directly supports the

implementation of the Dayton Accords.

(f) DEFINITIONS.—As used in this section:

(1) COUNTRY.—The term ‘‘country’’ means Bosnia and

Herzegovina, Croatia and Serbia.

(2) ENTITY.—The term ‘‘entity’’ refers to the Federation

of Bosnia and Herzegovina, Kosovo, Montenegro and the

Republika Srpska.

(3) MUNICIPALITY.—The term ‘‘municipality’’ means a city,

town or other subdivision within a country or entity as defined

herein.

(4) DAYTON ACCORDS.—The term ‘‘Dayton Accords’’ means

the General Framework Agreement for Peace in Bosnia and

Herzegovina, together with annexes relating thereto, done at

Dayton, November 10 through 16, 1995.

USER FEES

SEC. 562. The Secretary of the Treasury shall instruct the

United States Executive Director at each international financial

institution (as defined in section 1701(c)(2) of the International

Financial Institutions Act) and the International Monetary Fund

to oppose any loan, grant, strategy or policy of these institutions

that would require user fees or service charges on poor people

for primary education or primary healthcare, including prevention

and treatment efforts for HIV/AIDS, malaria, tuberculosis, and

infant, child, and maternal well-being, in connection with the

institutions’ financing programs.

FUNDING FOR SERBIA

SEC. 563. (a) Funds appropriated by this Act may be made

available for assistance for the central Government of Serbia after

May 31, 2006, if the President has made the determination and

certification contained in subsection (c).

(b) After May 31, 2006, the Secretary of the Treasury should

instruct the United States executive directors to the international

financial institutions to support loans and assistance to the Government of Serbia and Montenegro subject to the conditions in subsection (c): Provided, That section 576 of the Foreign Operations,

Export Financing, and Related Programs Appropriations Act, 1997,

as amended, shall not apply to the provision of loans and assistance

to the Government of Serbia and Montenegro through international

financial institutions.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2225

(c) The determination and certification referred to in subsection

(a) is a determination by the President and a certification to the

Committees on Appropriations that the Government of Serbia and

Montenegro is—

(1) cooperating with the International Criminal Tribunal

for the former Yugoslavia including access for investigators,

the provision of documents, and the surrender and transfer

of indictees or assistance in their apprehension, including Ratko

Mladic and Radovan Karadzic, unless the Secretary of State

determines and reports to the Committees on Appropriations

that these individuals are no longer residing in Serbia;

(2) taking steps that are consistent with the Dayton Accords

to end Serbian financial, political, security and other support

which has served to maintain separate Republika Srpska

institutions; and

(3) taking steps to implement policies which reflect a

respect for minority rights and the rule of law.

(d) This section shall not apply to Montenegro, Kosovo, humanitarian assistance or assistance to promote democracy.

COMMUNITY-BASED POLICE ASSISTANCE

SEC. 564. (a) AUTHORITY.—Funds made available by this Act

to carry out the provisions of chapter 1 of part I and chapter

4 of part II of the Foreign Assistance Act of 1961, may be used,

notwithstanding section 660 of that Act, to enhance the effectiveness

and accountability of civilian police authority through training and

technical assistance in human rights, the rule of law, strategic

planning, and through assistance to foster civilian police roles that

support democratic governance including assistance for programs

to prevent conflict, respond to disasters, address gender-based

violence, and foster improved police relations with the communities

they serve.

(b) NOTIFICATION.—Assistance provided under subsection (a)

shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

SPECIAL DEBT RELIEF FOR THE POOREST

SEC. 565. (a) AUTHORITY TO REDUCE DEBT.—The President

may reduce amounts owed to the United States (or any agency

of the United States) by an eligible country as a result of—

(1) guarantees issued under sections 221 and 222 of the

Foreign Assistance Act of 1961;

(2) credits extended or guarantees issued under the Arms

Export Control Act; or

(3) any obligation or portion of such obligation, to pay

for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit

guarantee programs authorized pursuant to section 5(f) of the

Commodity Credit Corporation Charter Act of June 29, 1948,

as amended, section 4(b) of the Food for Peace Act of 1966,

as amended (Public Law 89–808), or section 202 of the Agricultural Trade Act of 1978, as amended (Public Law 95–501).

(b) LIMITATIONS.—

(1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and

22 USC 2151

note.

President.

Certification.

119 STAT. 2226 PUBLIC LAW 109–102—NOV. 14, 2005

referendum agreements, commonly referred to as ‘‘Paris Club

Agreed Minutes’’.

(2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided

in advance by appropriations Acts.

(3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens

that are eligible to borrow from the International Development

Association, but not from the International Bank for

Reconstruction and Development, commonly referred to as

‘‘IDA-only’’ countries.

(c) CONDITIONS.—The authority provided by subsection (a) may

be exercised only with respect to a country whose government—

(1) does not have an excessive level of military expenditures;

(2) has not repeatedly provided support for acts of international terrorism;

(3) is not failing to cooperate on international narcotics

control matters;

(4) (including its military or other security forces) does

not engage in a consistent pattern of gross violations of internationally recognized human rights; and

(5) is not ineligible for assistance because of the application

of section 527 of the Foreign Relations Authorization Act, Fiscal

Years 1994 and 1995.

(d) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to the funds appropriated

by this Act under the heading ‘‘Debt Restructuring’’.

(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt

pursuant to subsection (a) shall not be considered assistance for

the purposes of any provision of law limiting assistance to a country.

The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or

section 321 of the International Development and Food Assistance

Act of 1975.

AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

SEC. 566. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CAN- CELLATION.—

(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN

LOANS.—Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible

purchaser any concessional loan or portion thereof made before

January 1, 1995, pursuant to the Foreign Assistance Act of

1961, to the government of any eligible country as defined

in section 702(6) of that Act or on receipt of payment from

an eligible purchaser, reduce or cancel such loan or portion

thereof, only for the purpose of facilitating—

(A) debt-for-equity swaps, debt-for-development swaps,

or debt-for-nature swaps; or

(B) a debt buyback by an eligible country of its own

qualified debt, only if the eligible country uses an additional

amount of the local currency of the eligible country, equal

to not less than 40 percent of the price paid for such

debt by such eligible country, or the difference between

the price paid for such debt and the face value of such

debt, to support activities that link conservation and

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2227

sustainable use of natural resources with local community

development, and child survival and other child development, in a manner consistent with sections 707 through

710 of the Foreign Assistance Act of 1961, if the sale,

reduction, or cancellation would not contravene any term

or condition of any prior agreement relating to such loan.

(2) TERMS AND CONDITIONS.—Notwithstanding any other

provision of law, the President shall, in accordance with this

section, establish the terms and conditions under which loans

may be sold, reduced, or canceled pursuant to this section.

(3) ADMINISTRATION.—The Facility, as defined in section

702(8) of the Foreign Assistance Act of 1961, shall notify the

administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and

shall direct such agency to carry out the sale, reduction, or

cancellation of a loan pursuant to this section. Such agency

shall make adjustment in its accounts to reflect the sale, reduction, or cancellation.

(4) LIMITATION.—The authorities of this subsection shall

be available only to the extent that appropriations for the

cost of the modification, as defined in section 502 of the

Congressional Budget Act of 1974, are made in advance.

(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant

to this section shall be deposited in the United States Government

account or accounts established for the repayment of such loan.

(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to

subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging

in debt-for-equity swaps, debt-for-development swaps, or debt-fornature swaps.

(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible

purchaser, or any reduction or cancellation pursuant to this section,

of any loan made to an eligible country, the President should

consult with the country concerning the amount of loans to be

sold, reduced, or canceled and their uses for debt-for-equity swaps,

debt-for-development swaps, or debt-for-nature swaps.

(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated

by this Act under the heading ‘‘Debt Restructuring’’.

BASIC EDUCATION

SEC. 567. Of the funds appropriated by title II of this Act,

not less than $465,000,000 shall be made available for basic education, of which not less than $250,000 shall be provided to the

Comptroller General of the United States to prepare an analysis

of United States funded international basic education programs,

which should be submitted to the Committees on Appropriations

by May 1, 2006.

RECONCILIATION PROGRAMS

SEC. 568. Of the funds appropriated under the heading ‘‘Economic Support Fund’’, not less than $15,000,000 should be made

available to support reconciliation programs and activities which

President.

Notification.

President.

119 STAT. 2228 PUBLIC LAW 109–102—NOV. 14, 2005

bring together individuals of different ethnic, religious, and political

backgrounds from areas of civil conflict and war.

SUDAN

SEC. 569. (a) AVAILABILITY OF FUNDS.—Of the funds appropriated under the heading ‘‘Development Assistance’’ up to

$70,000,000 may be made available for assistance for Sudan, of

which not to exceed $6,000,000 may be made available for administrative expenses of the United States Agency for International

Development associated with assistance programs for Sudan.

(b) LIMITATION ON ASSISTANCE.—Subject to subsection (c):

(1) Notwithstanding section 501(a) of the International

Malaria Control Act of 2000 (Public Law 106–570) or any

other provision of law, none of the funds appropriated by this

Act may be made available for assistance for the Government

of Sudan.

(2) None of the funds appropriated by this Act may be

made available for the cost, as defined in section 502, of the

Congressional Budget Act of 1974, of modifying loans and loan

guarantees held by the Government of Sudan, including the

cost of selling, reducing, or canceling amounts owed to the

United States, and modifying concessional loans, guarantees,

and credit agreements.

(c) Subsection (b) shall not apply if the Secretary of State

determines and certifies to the Committees on Appropriations that—

(1) the Government of Sudan has taken significant steps

to disarm and disband government-supported militia groups

in the Darfur region;

(2) the Government of Sudan and all government-supported

militia groups are honoring their commitments made in the

cease-fire agreement of April 8, 2004; and

(3) the Government of Sudan is allowing unimpeded access

to Darfur to humanitarian aid organizations, the human rights

investigation and humanitarian teams of the United Nations,

including protection officers, and an international monitoring

team that is based in Darfur and that has the support of

the United States.

(d) EXCEPTIONS.—The provisions of subsection (b) shall not

apply to—

(1) humanitarian assistance;

(2) assistance for Darfur and for areas outside the control

of the Government of Sudan; and

(3) assistance to support implementation of the Comprehensive Peace Agreement.

(e) DEFINITIONS.—For the purposes of this Act and section

501 of Public Law 106–570, the terms ‘‘Government of Sudan’’,

‘‘areas outside of control of the Government of Sudan’’, and ‘‘area

in Sudan outside of control of the Government of Sudan’’ shall

have the same meaning and application as was the case immediately prior to June 5, 2004, and, Southern Kordofan/Nuba Mountains State, Blue Nile State and Abyei shall be deemed ‘‘areas

outside of control of the Government of Sudan’’.

Certification.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2229

TRADE CAPACITY BUILDING

SEC. 570. Of the funds appropriated by this Act, under the

headings ‘‘Trade and Development Agency’’, ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘International Affairs Technical Assistance’’, and ‘‘International Organizations and Programs’’, not less than $522,000,000 should be made

available for trade capacity building assistance: Provided, That

$20,000,000 of the funds appropriated in this Act under the heading

‘‘Economic Support Fund’’ shall be made available for labor and

environmental capacity building activities relating to the free trade

agreement with the countries of Central America and the Dominican

Republic.

EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN

COUNTRIES AND CERTAIN OTHER COUNTRIES

SEC. 571. Notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2006,

funds available to the Department of Defense may be expended

for crating, packing, handling, and transportation of excess defense

articles transferred under the authority of section 516 of such

Act to Albania, Afghanistan, Bulgaria, Croatia, Estonia, Former

Yugoslavian Republic of Macedonia, Georgia, India, Iraq,

Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia,

Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, Ukraine,

and Uzbekistan.

ZIMBABWE

SEC. 572. The Secretary of the Treasury shall instruct the

United States executive director to each international financial

institution to vote against any extension by the respective institution of any loans to the Government of Zimbabwe, except to meet

basic human needs or to promote democracy, unless the Secretary

of State determines and certifies to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including

respect for ownership and title to property, freedom of speech and

association.

GENDER-BASED VIOLENCE

SEC. 573. Programs funded under titles II and III of this

Act that provide training for foreign police, judicial, and military

officials, shall include, where appropriate, programs and activities

that address gender-based violence.

LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN

FOREIGN GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL

CRIMINAL COURT

SEC. 574. (a) None of the funds made available in this Act

in title II under the heading ‘‘Economic Support Fund’’ may be

used to provide assistance to the government of a country that

is a party to the International Criminal Court and has not entered

into an agreement with the United States pursuant to Article

98 of the Rome Statute preventing the International Criminal Court

from proceeding against United States personnel present in such

country.

Certification.

22 USC 2151

note.

119 STAT. 2230 PUBLIC LAW 109–102—NOV. 14, 2005

(b) The President may, with prior notice to Congress, waive

the prohibition of subsection (a) with respect to a North Atlantic

Treaty Organization (‘‘NATO’’) member country, a major non-NATO

ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina,

the Republic of Korea, and New Zealand), Taiwan, or such other

country as he may determine if he determines and reports to

the appropriate congressional committees that it is important to

the national interests of the United States to waive such prohibition.

(c) The President may, with prior notice to Congress, waive

the prohibition of subsection (a) with respect to a particular country

if he determines and reports to the appropriate congressional

committees that such country has entered into an agreement with

the United States pursuant to Article 98 of the Rome Statute

preventing the International Criminal Court from proceeding

against United States personnel present in such country.

(d) The prohibition of this section shall not apply to countries

otherwise eligible for assistance under the Millennium Challenge

Act of 2003, notwithstanding section 606(a)(2)(B) of such Act.

(e) Funds appropriated for fiscal year 2005 under the heading

‘‘Economic Support Fund’’ may be made available for democracy

and rule of law programs and activities, notwithstanding the provisions of section 574 of division D of Public Law 108–447.

TIBET

SEC. 575. (a) The Secretary of the Treasury should instruct

the United States executive director to each international financial

institution to use the voice and vote of the United States to support

projects in Tibet if such projects do not provide incentives for

the migration and settlement of non-Tibetans into Tibet or facilitate

the transfer of ownership of Tibetan land and natural resources

to non-Tibetans; are based on a thorough needs-assessment; foster

self-sufficiency of the Tibetan people and respect Tibetan culture

and traditions; and are subject to effective monitoring.

(b) Notwithstanding any other provision of law, not less than $4,000,000 of the funds appropriated by this Act under the heading

‘‘Economic Support Fund’’ should be made available to nongovernmental organizations to support activities which preserve cultural

traditions and promote sustainable development and environmental

conservation in Tibetan communities in the Tibetan Autonomous

Region and in other Tibetan communities in China, and not less

than $250,000 should be made available to the National Endowment

for Democracy for human rights and democracy programs relating

to Tibet.

CENTRAL AMERICA

SEC. 576. (a) Of the funds appropriated by this Act under

the headings ‘‘Child Survival and Health Programs Fund’’ and

‘‘Development Assistance’’, not less than the amount of funds initially allocated pursuant to section 653(a) of the Foreign Assistance

Act of 1961 for fiscal year 2005 should be made available for

El Salvador, Guatemala, Nicaragua and Honduras.

(b) In addition to the amounts requested under the heading

‘‘Economic Support Fund’’ for assistance for Nicaragua and Guatemala in fiscal year 2006, not less than $1,500,000 should be made

available for electoral assistance, media and civil society programs,

and activities to combat corruption and strengthen democracy in

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2231

Nicaragua, and not less than $1,500,000 should be made available

for programs and activities to combat organized crime, crimes of

violence specifically targeting women, and corruption in Guatemala.

(c) Funds made available pursuant to subsection (b) shall be

subject to prior consultation with the Committees on Appropriations.

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

SEC. 577. (a) AUTHORITY.—Up to $75,000,000 of the funds made

available in this Act to carry out the provisions of part I of the

Foreign Assistance Act of 1961, including funds appropriated under

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

may be used by the United States Agency for International Development (USAID) to hire and employ individuals in the United States

and overseas on a limited appointment basis pursuant to the

authority of sections 308 and 309 of the Foreign Service Act of

1980.

(b) RESTRICTIONS.— (1) The number of individuals hired in any fiscal year

pursuant to the authority contained in subsection (a) may not

exceed 175.

(2) The authority to hire individuals contained in subsection

(a) shall expire on September 30, 2008.

(c) CONDITIONS.—The authority of subsection (a) may only be

used to the extent that an equivalent number of positions that

are filled by personal services contractors or other nondirect-hire

employees of USAID, who are compensated with funds appropriated

to carry out part I of the Foreign Assistance Act of 1961, including

funds appropriated under the heading ‘‘Assistance for Eastern

Europe and the Baltic States’’, are eliminated.

(d) PRIORITY SECTORS.—In exercising the authority of this section, primary emphasis shall be placed on enabling USAID to meet

personnel positions in technical skill areas currently encumbered

by contractor or other nondirect-hire personnel.

(e) CONSULTATIONS.—The USAID Administrator shall consult

with the Committees on Appropriations at least on a quarterly

basis concerning the implementation of this section.

(f) PROGRAM ACCOUNT CHARGED.—The account charged for the

cost of an individual hired and employed under the authority of

this section shall be the account to which such individual’s responsibilities primarily relate. Funds made available to carry out this

section may be transferred to and merged and consolidated with

funds appropriated for ‘‘Operating Expenses of the United States

Agency for International Development’’.

(g) MANAGEMENT REFORM PILOT.—Of the funds made available

in subsection (a), USAID may use, in addition to funds otherwise

available for such purposes, up to $10,000,000 to fund overseas

support costs of members of the Foreign Service with a Foreign

Service rank of four or below: Provided, That such authority is

only used to reduce USAID’s reliance on overseas personal services

contractors or other nondirect-hire employees compensated with

funds appropriated to carry out part I of the Foreign Assistance

Act of 1961, including funds appropriated under the heading ‘‘Assistance for Eastern Europe and the Baltic States’’.

Expiration date.

22 USC 3948

note.

119 STAT. 2232 PUBLIC LAW 109–102—NOV. 14, 2005

(h) DISASTER SURGE CAPACITY.—Funds appropriated by this

Act to carry out part I of the Foreign Assistance Act of 1961,

including funds appropriated under the heading ‘‘Assistance for

Eastern Europe and the Baltic States’’, may be used, in addition

to funds otherwise available for such purposes, for the cost

(including the support costs) of individuals detailed to or employed

by the United States Agency for International Development whose

primary responsibility is to carry out programs in response to

natural disasters.

HIPC DEBT REDUCTION

SEC. 578. Section 501(b) of H.R. 3425, as enacted into law

by section 1000(a)(5) of division B of Public Law 106–113 (113

Stat. 1501A–311), is amended by adding at the end the following

new paragraph:

‘‘(5) The Act of March 11, 1941 (chapter 11; 55 Stat. 31;

22 U.S.C. 411 et seq.; commonly known as the ‘Lend-Lease

Act’).’’.

OPIC TRANSFER AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

SEC. 579. Whenever the President determines that it is in

furtherance of the purposes of the Foreign Assistance Act of 1961,

up to a total of $20,000,000 of the funds appropriated under title

II of this Act may be transferred to and merged with funds appropriated by this Act for the Overseas Private Investment Corporation

Program Account, to be subject to the terms and conditions of

that account: Provided, That such funds shall not be available

for administrative expenses of the Overseas Private Investment

Corporation: Provided further, That funds earmarked by this Act

shall not be transferred pursuant to this section: Provided further,

That the exercise of such authority shall be subject to the regular

notification procedures of the Committees on Appropriations.

LIMITATION ON FUNDS RELATING TO ATTENDANCE OF FEDERAL EM- PLOYEES AT CONFERENCES OCCURRING OUTSIDE THE UNITED

STATES

SEC. 580. None of the funds made available in this Act may

be used to send or otherwise pay for the attendance of more than

50 employees of agencies or departments of the United States

Government who are stationed in the United States, at any single

international conference occurring outside the United States, unless

the Secretary of State determines that such attendance is in the

national interest: Provided, That for purposes of this section the

term ‘‘international conference’’ shall mean a conference attended

by representatives of the United States Government and representatives of foreign governments, international organizations, or nongovernmental organizations.

LIMITATION ON ASSISTANCE TO FOREIGN COUNTRIES THAT REFUSE TO

EXTRADITE TO THE UNITED STATES ANY INDIVIDUAL ACCUSED IN

THE UNITED STATES OF KILLING A LAW ENFORCEMENT OFFICER

SEC. 581. None of the funds made available in this Act for

the Department of State may be used to provide assistance to

President.

22 USC 2395a

note.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2233

the central government of a country which has notified the Department of State of its refusal to extradite to the United States any

individual indicted in the United States for killing a law enforcement officer, as specified in a United States extradition request,

unless the Secretary of State certifies to the Committees on Appropriations in writing that the application of the restriction to a

country or countries is contrary to the national interest of the

United States.

PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI ARABIA

SEC. 582. None of the funds appropriated or otherwise made

available pursuant to this Act shall be obligated or expended to

finance any assistance to Saudi Arabia: Provided, That the President may waive the prohibition of this section if he certifies to

the Committees on Appropriations, 15 days prior to the obligation

of funds for assistance for Saudi Arabia, that Saudi Arabia is

cooperating with efforts to combat international terrorism and that

the proposed assistance will help facilitate that effort.

GOVERNMENTS THAT HAVE FAILED TO PERMIT CERTAIN EXTRADITIONS

SEC. 583. None of the funds made available in this Act for

the Department of State, other than funds provided under the

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

may be used to provide assistance to the central government of

a country with which the United States has an extradition treaty

and which government has notified the Department of State of

its refusal to extradite to the United States any individual indicted

for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole, unless the Secretary of

State certifies to the Committees on Appropriations in writing that

the application of this restriction to a country or countries is contrary to the national interest of the United States.

REPORTING REQUIREMENT

SEC. 584. The Secretary of State shall provide the Committees

on Appropriations, not later than April 1, 2006, and for each fiscal

quarter, a report in writing on the uses of funds made available

under the headings ‘‘Foreign Military Financing Program’’, ‘‘International Military Education and Training’’, and ‘‘Peacekeeping

Operations’’: Provided, That such report shall include a description

of the obligation and expenditure of funds, and the specific country

in receipt of, and the use or purpose of the assistance provided

by such funds.

ENVIRONMENT PROGRAMS

SEC. 585. (a) FUNDING.—Of the funds appropriated under the

heading ‘‘Development Assistance’’, not less than $165,500,000 shall

be made available for programs and activities which directly protect

biodiversity, including forests, in developing countries, of which

not less than $10,000,000 should be made available to implement

the United States Agency for International Development’s biodiversity conservation strategy for the Amazon basin, which amount

shall be in addition to the amounts requested for biodiversity activities in these countries in fiscal year 2006: Provided, That of the

funds appropriated by this Act, not less than $17,500,000 should

119 STAT. 2234 PUBLIC LAW 109–102—NOV. 14, 2005

be made available for the Congo Basin Forest Partnership of which

not less than $2,500,000 should be made available to the United

States Fish and Wildlife Service for the protection of great apes

in Central Africa: Provided further, That of the funds appropriated

by this Act, not less than $180,000,000 shall be made available

to support clean energy and other climate change policies and

programs in developing countries, of which $100,000,000 should

be made available to directly promote and deploy energy conservation, energy efficiency, and renewable and clean energy technologies,

and of which the balance should be made available to directly:

(1) measure, monitor, and reduce greenhouse gas emissions; (2)

increase carbon sequestration activities; and (3) enhance climate

change mitigation and adaptation programs.

(b) CLIMATE CHANGE REPORT.—Not later than 60 days after

the date on which the President’s fiscal year 2007 budget request

is submitted to Congress, the President shall submit a report to

the Committees on Appropriations describing in detail the

following—

(1) all Federal agency obligations and expenditures,

domestic and international, for climate change programs and

activities in fiscal year 2006, including an accounting of

expenditures by agency with each agency identifying climate

change activities and associated costs by line item as presented

in the President’s Budget Appendix; and

(2) all fiscal year 2005 obligations and estimated expenditures, fiscal year 2006 estimated expenditures and estimated

obligations, and fiscal year 2007 requested funds by the United

States Agency for International Development, by country and

central program, for each of the following: (i) to promote the

transfer and deployment of a wide range of United States

clean energy and energy efficiency technologies; (ii) to assist

in the measurement, monitoring, reporting, verification, and

reduction of greenhouse gas emissions; (iii) to promote carbon

capture and sequestration measures; (iv) to help meet such

countries’ responsibilities under the Framework Convention on

Climate Change; and (v) to develop assessments of the vulnerability to impacts of climate change and mitigation and adaptation response strategies.

(c) EXTRACTION OF NATURAL RESOURCES.—

(1) The Secretary of the Treasury shall inform the managements of the international financial institutions and the public

that it is the policy of the United States that any assistance

by such institutions (including but not limited to any loan,

credit, grant, or guarantee) for the extraction and export of

oil, gas, coal, timber, or other natural resource should not

be provided unless the government of the country has in place

or is taking the necessary steps to establish functioning systems

for: (A) accurately accounting for revenues and expenditures

in connection with the extraction and export of the type of

natural resource to be extracted or exported; (B) the independent auditing of such accounts and the widespread public

dissemination of the audits; and (C) verifying government

receipts against company payments including widespread

dissemination of such payment information, and disclosing such

President.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2235

documents as Host Government Agreements, Concession Agreements, and bidding documents, allowing in any such dissemination or disclosure for the redaction of, or exceptions for, information that is commercially proprietary or that would create

competitive disadvantage.

(2) Not later than 180 days after the enactment of this

Act, the Secretary of the Treasury shall submit a report to

the Committees on Appropriations describing, for each international financial institution, the amount and type of assistance

provided, by country, for the extraction and export of oil, gas,

coal, timber, or other national resource since September 30,

2005.

UZBEKISTAN

SEC. 586. Assistance may be provided to the central Government of Uzbekistan only if the Secretary of State determines and

reports to the Committees on Appropriations that the Government

of Uzbekistan is making substantial and continuing progress in

meeting its commitments under the ‘‘Declaration on the Strategic

Partnership and Cooperation Framework Between the Republic of

Uzbekistan and the United States of America’’, including respect

for human rights, establishing a genuine multi-party system, and

ensuring free and fair elections, freedom of expression, and the

independence of the media, and that a credible international investigation of the May 31, 2005, shootings in Andijan is underway

with the support of the Government of Uzbekistan: Provided, That

for the purposes of this section ‘‘assistance’’ shall include excess

defense articles.

CENTRAL ASIA

SEC. 587. (a) Funds appropriated by this Act may be made

available for assistance for the Government of Kazakhstan only

if the Secretary of State determines and reports to the Committees

on Appropriations that the Government of Kazakhstan has made

significant improvements in the protection of human rights during

the preceding 6 month period.

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

determines and reports to the Committees on Appropriations that

such a waiver is important to the national security of the United

States.

(c) Not later than October 1, 2006, the Secretary of State

shall submit a report to the Committees on Appropriations and

the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives

describing the following:

(1) The defense articles, defense services, and financial

assistance provided by the United States to the countries of

Central Asia during the 6-month period ending 30 days prior

to submission of such report.

(2) The use during such period of defense articles, defense

services, and financial assistance provided by the United States

by units of the armed forces, border guards, or other security

forces of such countries.

(d) Prior to the initial obligation of assistance for the Government of Kyrgyzstan, the Secretary of State shall submit a report

to the Committees on Appropriations describing: (1) whether the

Deadline.

Reports.

Deadline.

Reports.

119 STAT. 2236 PUBLIC LAW 109–102—NOV. 14, 2005

Government of Kyrgyzstan is forcibly returning Uzbeks who have

fled violence and political persecution, in violation of the 1951

Geneva Convention relating to the status of refugees, and the

Convention Against Torture and Other Forms of Cruel, Inhuman,

or Degrading Treatment; (2) efforts made by the United States

to prevent such returns; and (3) the response of the Government

of Kyrgyzstan.

(e) For purposes of this section, the term ‘‘countries of Central

Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan,

and Turkmenistan.

DISABILITY PROGRAMS

SEC. 588. (a) Of the funds appropriated by this Act under

the heading ‘‘Economic Support Fund’’, not less than $4,000,000

shall be made available for programs and activities administered

by the United States Agency for International Development

(USAID) to address the needs and protect the rights of people

with disabilities in developing countries.

(b) Funds appropriated under the heading ‘‘Operating Expenses

of the United States Agency for International Development’’ shall

be made available to develop and implement training for staff

in overseas USAID missions to promote the full inclusion and

equal participation of people with disabilities in developing countries.

(c) The Secretary of State, the Secretary of the Treasury, and

the Administrator of USAID shall seek to ensure that, where appropriate, construction projects funded by this Act are accessible to

people with disabilities and in compliance with the USAID Policy

on Standards for Accessibility for the Disabled, or other similar

accessibility standards.

(d) Of the funds made available pursuant to subsection (a),

not more than 7 percent may be for management, oversight and

technical support.

(e) Not later than 180 days after the date of enactment of

this Act, and 180 days thereafter, the Administrator of USAID

shall submit a report describing the programs, activities, and

organizations funded pursuant to this section.

DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE

RUSSIAN FEDERATION

SEC. 589. None of the funds appropriated for assistance under

this Act may be made available for the Government of the Russian

Federation, after 180 days from the date of the enactment of this

Act, unless the President determines and certifies in writing to

the Committees on Appropriations that the Government of the

Russian Federation has implemented no statute, Executive order,

regulation or similar government action that would discriminate,

or which has as its principal effect discrimination, against religious

groups or religious communities in the Russian Federation in violation of accepted international agreements on human rights and

religious freedoms to which the Russian Federation is a party.

WAR CRIMES IN AFRICA

SEC. 590. (a) The Congress reaffirms its support for the efforts

of the International Criminal Tribunal for Rwanda (ICTR) and

Deadlines.

Reports.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2237

the Special Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity in

a timely manner.

(b) Funds appropriated by this Act, including funds for debt

restructuring, may be made available for assistance to the central

government of a country in which individuals indicted by ICTR

and SCSL are credibly alleged to be living, if the Secretary of

State determines and reports to the Committees on Appropriations

that such government is cooperating with ICTR and SCSL,

including the surrender and transfer of indictees in a timely

manner: Provided, That this subsection shall not apply to assistance

provided under section 551 of the Foreign Assistance Act of 1961

or to project assistance under title II of this Act: Provided further,

That the United States shall use its voice and vote in the United

Nations Security Council to fully support efforts by ICTR and

SCSL to bring to justice individuals indicted by such tribunals

in a timely manner.

(c) The prohibition in subsection (b) may be waived on a country

by country basis if the President determines that doing so is in

the national security interest of the United States: Provided, That

prior to exercising such waiver authority, the President shall submit

a report to the Committees on Appropriations, in classified form

if necessary, on: (1) the steps being taken to obtain the cooperation

of the government in surrendering the indictee in question to the

court of jurisdiction; (2) a strategy, including a timeline, for bringing

the indictee before such court; and (3) the justification for exercising

the waiver authority.

(d) Notwithstanding subsections (b) and (c), assistance may

be made available for the central Government of Nigeria after

120 days following enactment of this Act only if the President

submits a report to the Committees on Appropriations, in classified

form if necessary, on: (1) the steps taken in fiscal years 2003,

2004 and 2005 to obtain the cooperation of the Government of

Nigeria in surrendering Charles Taylor to the SCSL; and (2) a

strategy, including a timeline, for bringing Charles Taylor before

the SCSL.

SECURITY IN ASIA

SEC. 591. (a) Of the funds appropriated under the heading

‘‘Foreign Military Financing Program’’, not less than the following

amounts shall be made available to enhance security in Asia, consistent with democratic principles and the rule of law—

(1) $30,000,000 for assistance for the Philippines;

(2) $1,000,000 for assistance for Indonesia;

(3) $1,000,000 for assistance for Bangladesh;

(4) $3,000,000 for assistance for Mongolia;

(5) $1,500,000 for assistance for Thailand;

(6) $1,000,000 for assistance for Sri Lanka;

(7) $1,000,000 for assistance for Cambodia;

(8) $500,000 for assistance for Fiji; and

(9) $250,000 for assistance for Tonga.

(b) In addition to amounts appropriated elsewhere in this Act,

$10,000,000 is hereby appropriated for ‘‘Foreign Military Financing

Program’’: Provided, That these funds shall be available only to

assist the Philippines in addressing the critical deficiencies identified in the Joint Defense Assessment of 2003.

Charles Taylor.

Reports.

President.

119 STAT. 2238 PUBLIC LAW 109–102—NOV. 14, 2005

(c) Funds made available for assistance for Indonesia pursuant

to subsection (a) may only be made available for the Indonesian

Navy, notwithstanding section 599F of this Act: Provided, That

such funds shall only be made available subject to the regular

notification procedures of the Committees on Appropriations.

(d) Funds made available for assistance for Cambodia pursuant

to subsection (a) shall be made available notwithstanding section

554 of this Act: Provided, That such funds shall only be made

available subject to the regular notification procedures of the

Committees on Appropriations.

NEPAL

SEC. 592. (a) Funds appropriated under the heading ‘‘Foreign

Military Financing Program’’ may be made available for assistance

for Nepal only if the Secretary of State certifies to the Committees

on Appropriations that the Government of Nepal, including its

security forces, has restored civil liberties, is protecting human

rights, and has demonstrated, through dialogue with Nepal’s political parties, a commitment to a clear timetable to restore multiparty democratic government consistent with the 1990 Nepalese

Constitution.

(b) The Secretary of State may waive the requirements of

this section if the Secretary certifies to the Committees on Appropriations that to do so is in the national security interests of

the United States.

NEGLECTED DISEASES

SEC. 593. Of the funds appropriated under the heading ‘‘Child Survival and Health Programs Fund’’, not less than $15,000,000

shall be made available to support an integrated response to the

control of neglected diseases including intestinal parasites, schistosomiasis, lymphatic filariasis, onchocerciasis, trachoma and leprosy: Provided, That the Administrator of the United States Agency

for International Development shall consult with the Committees

on Appropriations, representatives from the relevant international

technical and nongovernmental organizations addressing the specific diseases, recipient countries, donor countries, the private

sector, UNICEF and the World Health Organization: (1) on the

most effective uses of such funds to demonstrate the health and

economic benefits of such an approach; and (2) to develop a multilateral, integrated initiative to control these diseases that will enhance

coordination and effectiveness and maximize the leverage of United

States contributions with those of other donors: Provided further,

That funds made available pursuant to this section shall be subject

to the regular notification procedures of the Committees on Appropriations.

ORPHANS, DISPLACED AND ABANDONED CHILDREN

SEC. 594. Of the funds appropriated under title II of this Act, not less than $3,000,000 should be made available for activities

to improve the capacity of foreign government agencies and nongovernmental organizations to prevent child abandonment, address

the needs of orphans, displaced and abandoned children and provide

permanent homes through family reunification, guardianship and

domestic adoptions: Provided, That funds made available under

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2239

title II of this Act should be made available, as appropriate, consistent with—

(1) the goal of enabling children to remain in the care

of their family of origin, but when not possible, placing children

in permanent homes through adoption;

(2) the principle that such placements should be based

on informed consent which has not been induced by payment

or compensation;

(3) the view that long-term foster care or institutionalization are not permanent options and should be used when no

other suitable permanent options are available; and

(4) the recognition that programs that protect and support

families can reduce the abandonment and exploitation of children.

ADVISOR FOR INDIGENOUS PEOPLES ISSUES

SEC. 595. (a) After consultation with the Committees on Appropriations and not later than 120 days after enactment of this

Act, the Administrator of the United States Agency for International

Development shall designate an ‘‘Advisor for Indigenous Peoples

Issues’’ whose responsibilities shall include—

(1) consulting with representatives of indigenous peoples

organizations;

(2) ensuring that the rights and needs of indigenous peoples

are being respected and addressed in United States Agency

for International Development policies, programs and activities;

(3) monitoring the design and implementation of United

States Agency for International Development policies, programs

and activities which affect indigenous peoples; and

(4) coordinating with other Federal agencies on relevant

issues relating to indigenous peoples.

STATEMENT

SEC. 596. (a) Funds provided in this Act for the following

accounts shall be made available for programs and countries in

the amounts contained in the respective tables included in the

report accompanying this Act:

‘‘Child Survival and Health Programs Fund’’.

‘‘Economic Support Fund’’.

‘‘Assistance for Eastern Europe and the Baltic States’’.

‘‘Assistance for the Independent States of the Former Soviet

Union’’.

‘‘Global HIV/AIDS Initiative’’.

‘‘Democracy Fund’’.

‘‘International Narcotics Control and Law Enforcement’’.

‘‘Andean Counterdrug Initiative’’.

‘‘Nonproliferation, Anti-Terrorism, Demining and Related

Programs’’.

‘‘Foreign Military Financing Program’’.

‘‘International Organizations and Programs’’.

(b) Any proposed increases or decreases to the amounts contained in such tables in the accompanying report shall be subject

to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961.

Deadline.

Designation.

119 STAT. 2240 PUBLIC LAW 109–102—NOV. 14, 2005

COMBATTING PIRACY OF UNITED STATES COPYRIGHTED MATERIALS

SEC. 597. (a) PROGRAM AUTHORIZED.—The Secretary of State

may carry out a program of activities to combat piracy in countries

that are not members of the Organization for Economic Cooperation

and Development (OECD), including activities as follows:

(1) The provision of equipment and training for law enforcement, including in the interpretation of intellectual property

laws.

(2) The provision of training for judges and prosecutors,

including in the interpretation of intellectual property laws.

(3) The provision of assistance in complying with obligations under applicable international treaties and agreements

on copyright and intellectual property.

(b) CONSULTATION WITH WORLD INTELLECTUAL PROPERTY

ORGANIZATION.—In carrying out the program authorized by subsection (a), the Secretary shall, to the maximum extent practicable,

consult with and provide assistance to the World Intellectual Property Organization in order to promote the integration of countries

described in subsection (a) into the global intellectual property

system.

(c) FUNDING.—Of the amount appropriated or otherwise made

available under the heading ‘‘International Narcotics Control and

Law Enforcement’’, $5,000,000 may be made available in fiscal

year 2006 for the program authorized by subsection (a).

MALARIA

SEC. 598. Of the funds appropriated under the heading ‘‘Child

Survival and Health Programs Fund’’, not less than $100,000,000

should be made available for programs and activities to combat

malaria: Provided, That such funds should be made available in

accordance with country strategic plans incorporating best public

health practices, which should include considerable support for

the purchase of commodities and equipment including: (1) insecticides for indoor residual spraying that are proven to reduce the

transmission of malaria; (2) pharmaceuticals that are proven effective treatments to combat malaria; (3) long-lasting insecticidetreated nets used to combat malaria; and (4) other activities to

strengthen the public health capacity of malaria-affected countries:

Provided further, That no later than 90 days after the date of

enactment of this Act, and every 90 days thereafter until September

30, 2006, the Administrator of the United States Agency for International Development shall submit to the Committees on Appropriations a report describing in detail expenditures to combat malaria

during fiscal year 2006.

OVERSIGHT OF IRAQ RECONSTRUCTION

SEC. 599. Subsection (o) of section 3001 of the Emergency

Supplemental Appropriations Act for Defense and for the

Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108–

106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note), as amended

by section 1203(j) of the Ronald W. Reagan National Defense

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118

Stat. 2081), is amended by striking ‘‘obligated’’ and inserting

‘‘expended’’.

5 USC app. 8G

note.

Deadlines.

Termination

date.

Reports.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2241

NONPROLIFERATION AND COUNTERPROLIFERATION EFFORTS

SEC. 599A. Funds appropriated under title II under the heading

‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’ may be made available to the Under Secretary of State

for Arms Control and International Security for use in certain

nonproliferation efforts and counterproliferation efforts such as

increased voluntary dues to the International Atomic Energy Agency

and Proliferation Security Initiative activities.

PROMOTION OF POLICY GOALS AT MULTILATERAL DEVELOPMENT

BANKS

SEC. 599B. Title XV of the International Financial Institutions

Act (22 U.S.C. 262o et seq.) is amended by adding at the end

the following:

‘‘SEC. 1505. PROMOTION OF POLICY GOALS.

‘‘(a) The Secretary of the Treasury shall instruct the United

States Executive Director at each multilateral development bank

to inform each such bank and the executive directors of each such

bank of the policy of the United States as set out in this section

and to actively promote this policy and the goals set forth in

section 1504 of this Act. It is the policy of the United States

that each bank should—

‘‘(1) require the bank’s employees, officers and consultants

to make an annual disclosure of their financial interests and

income and of any other potential source of conflict of interest;

‘‘(2) link project and program design and results to management and staff performance appraisals, salaries, and bonuses;

‘‘(3) implement voluntary disclosure programs for firms

and individuals participating in projects financed by such bank;

‘‘(4) ensure that all loan, credit, guarantee, and grant documents and other agreements with borrowers include provisions

for the financial resources and conditionality necessary to

ensure that a person or country that obtains financial support

from a bank complies with applicable bank policies and national

and international laws in carrying out the terms and conditions

of such documents and agreements, including bank policies

and national and international laws pertaining to the comprehensive assessment and transparency of the activities

related to access to information, public health, safety, and

environmental protection;

‘‘(5) implement clear anti-corruption procedures setting

forth the circumstances under which a person will be barred

from receiving a loan, contract, grant, guarantee or credit from

such bank, make such procedures available to the public, and

make the identity of such person available to the public;

‘‘(6) coordinate policies across multilateral development

banks on issues including debarment, cross-debarment, procurement guidelines, consultant guidelines, and fiduciary standards

so that a person that is debarred by one such bank is subject

to a rebuttable presumption of ineligibility to conduct business

with any other such bank during the specific ineligibility period;

‘‘(7) require each bank borrower and grantee and each

bidder, supplier and contractor for MDB projects to comply

22 USC 262o–4.

119 STAT. 2242 PUBLIC LAW 109–102—NOV. 14, 2005

with the highest standard of ethics prohibiting coercive, collusive, corrupt and fraudulent practices, such as are defined

in the World Bank’s Procurement Guidelines of May, 2004;

‘‘(8) maintain a functionally independent Investigations

Office, Auditor General Office and Evaluation Office that are

free from interference in determining the scope of investigations

(including forensic audits), internal auditing (including assessments of management controls for meeting operational objectives and complying with bank policies), performing work and

communicating results, and that regularly report to such bank’s

board of directors and, as appropriate and in a manner consistent with such functional independence of the Investigations

Office and the Auditor General Office, to the bank’s President;

‘‘(9) require that each candidate for adjustment or budget

support loans demonstrate transparent budgetary and procurement processes including budget publication and public scrutiny

prior to loan or grant approval;

‘‘(10) require that for each project where compensation

is to be provided to persons adversely affected by the project,

such persons have recourse to an impartial and responsive

mechanism to receive and resolve complaints. The mechanism

should be easily accessible to all segments of the affected

community without impeding access to other judicial or

administrative remedies and without retribution;

‘‘(11) implement best practices in domestic laws and international conventions against corruption for whistleblower and

witness disclosures and protections against retaliation for

internal and lawful public disclosures by the bank’s employees

and others affected by such bank’s operations who challenge

illegality or other misconduct that could threaten the bank’s

mission, including: (1) best practices for legal burdens of proof;

(2) access to independent adjudicative bodies, including external

arbitration based on consensus selection and shared costs; and

(3) results that eliminate the effects of proven retaliation; and

‘‘(12) require, to the maximum extent possible, that all

draft country strategies are issued for public consideration no

less than 45 days before the country strategy is considered

by the multilateral development bank board of directors.

‘‘(b) The Secretary of the Treasury shall, beginning thirty days

after the enactment of this Act and within sixty calendar days

of the meeting of the respective bank’s Board of Directors at which

such decisions are made, publish on the Department of the Treasury

website a statement or explanation of the United States position

on decisions related to: (1) operational policies; and (2) any proposal

which would result or be likely to result in a significant effect

on the environment.

‘‘(c) In this section the term ‘multilateral development bank’

has the meaning given that term in section 1307 of the International

Financial Institutions Act (22 U.S.C. 262m–7) and also includes

the European Bank for Reconstruction and Development and the

Global Environment Facility.’’.

AUTHORIZATIONS

SEC. 599C. (a) To authorize the United States participation

in and appropriations for the United States contribution to the

fourteenth replenishment of the resources of the International

Deadline.

Internet.

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2243

Development Association, the International Development Association Act, Public Law 86–565, as amended (22 U.S.C. 284 et seq.),

is further amended by adding at the end thereof the following

new section:

‘‘SEC. 23. FOURTEENTH REPLENISHMENT.

‘‘(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United

States $2,850,000,000 to the fourteenth replenishment of the

resources of the Association, subject to obtaining the necessary

appropriations.

‘‘(b) In order to pay for the United States contribution provided

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $2,850,000,000 for payment by the Secretary of the Treasury.’’.

(b) To authorize the United States participation in and appropriations for the United States contribution to the tenth replenishment of the resources of the African Development Fund, the African

Development Fund Act, Public Law 94–302, as amended (22 U.S.C.

290g et seq.), is further amended by adding at the end thereof

the following new section:

‘‘SEC. 218. TENTH REPLENISHMENT.

‘‘(a) The United States Governor of the Fund is authorized

to contribute on behalf of the United States $407,000,000 to the

tenth replenishment of the resources of the Fund, subject to

obtaining the necessary appropriations.

‘‘(b) In order to pay for the United States contribution provided

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $407,000,000 for payment by the Secretary

of the Treasury.’’.

(c) To authorize the United States participation in and appropriations for the United States contribution to the eighth replenishment of the resources of the Asian Development Fund, the Asian

Development Fund Act, Public Law 92–245, as amended (22 U.S.C.

285 et seq.), is further amended by adding at the end thereof

the following new section:

‘‘SEC. 32. EIGHTH REPLENISHMENT.

‘‘(a) The United States Governor of the Bank is authorized

to contribute on behalf of the United States $461,000,000 to the

eighth replenishment of the resources of the Fund, subject to

obtaining the necessary appropriations.

‘‘(b) In order to pay for the United States contribution provided

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $461,000,000 for payment by the Secretary

of the Treasury.’’.

ANTICORRUPTION PROVISIONS

SEC. 599D. Twenty percent of the funds appropriated by this

Act under the heading ‘‘International Development Association’’,

shall be withheld from disbursement until the Secretary of the

Treasury certifies to the appropriate congressional committees

that—

(1) World Bank procurement guidelines are applied to all

procurement financed in whole or in part by a loan from the

International Bank for Reconstruction and Development (IBRD)

Certification.

22 USC 285cc.

22 USC 290g–17.

22 USC 284u.

119 STAT. 2244 PUBLIC LAW 109–102—NOV. 14, 2005

or a credit agreement or grant from the International Development Association (IDA);

(2) the World Bank proposal ‘‘Increasing the Use of Country

Systems in Procurement’’ dated March 2005 has been withdrawn;

(3) the World Bank is maintaining a strong central procurement office staffed with senior experts who are designated

to address commercial concerns, questions, and complaints

regarding procurement procedures and payments under IDA

and IBRD projects;

(4) thresholds for international competitive bidding are

established to maximize international competitive bidding in

accordance with sound procurement practices, including transparency, competition, and cost-effective results for the Borrowers;

(5) all tenders under the World Bank’s national competitive

bidding provisions are subject to the same advertisement

requirements as tenders under international competitive bidding; and

(6) loan agreements are made public between the World

Bank and the Borrowers.

ASSISTANCE FOR DEMOBILIZATION AND DISARMAMENT OF FORMER

IRREGULAR COMBATANTS IN COLOMBIA

SEC. 599E. (a) AVAILABILITY OF FUNDS.—Of the funds appropriated in this Act, up to $20,000,000 may be made available

in fiscal year 2006 for assistance for the demobilization and disarmament of former members of foreign terrorist organizations (FTOs)

in Colombia, specifically the United Self-Defense Forces of Colombia

(AUC), the Revolutionary Armed Forces of Colombia (FARC) and

the National Liberation Army (ELN), if the Secretary of State

makes a certification described in subsection (b) to the appropriate

congressional committees prior to the initial obligation of amounts

for such assistance for the fiscal year involved.

(b) CERTIFICATION.—A certification described in this subsection

is a certification that—

(1) assistance for the fiscal year will be provided only

for individuals who have: (A) verifiably renounced and terminated any affiliation or involvement with FTOs or other illegal

armed groups; and (B) are meeting all the requirements of

the Colombia Demobilization Program, including having disclosed their involvement in past crimes and their knowledge

of the FTO’s structure, financing sources, illegal assets, and

the location of kidnapping victims and bodies of the disappeared;

(2) the Government of Colombia is providing full cooperation to the Government of the United States to extradite the

leaders and members of the FTOs who have been indicted

in the United States for murder, kidnapping, narcotics trafficking, and other violations of United States law;

(3) the Government of Colombia is implementing a concrete

and workable framework for dismantling the organizational

structures of foreign terrorist organizations; and

(4) funds shall not be made available as cash payments

to individuals and are available only for activities under the

following categories: verification, reintegration (including

PUBLIC LAW 109–102—NOV. 14, 2005 119 STAT. 2245

training and education), vetting, recovery of assets for reparations for victims, and investigations and prosecutions.

(c) DEFINITIONS.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means—

(A) the Committee on Appropriations and the Committee on International Relations of the House of Representatives; and

(B) the Committee on Appropriations and the Committee on Foreign Relations of the Senate.

(2) FOREIGN TERRORIST ORGANIZATION.—The term ‘‘foreign

terrorist organization’’ means an organization designated as

a terrorist organization under section 219 of the Immigration

and Nationality Act.

INDONESIA

SEC. 599F. (a) Funds appropriated by this Act under the

heading ‘‘Foreign Military Financing Program’’ may be made available for assistance for Indonesia, and licenses may be issued for

the export of lethal defense articles for the Indonesian Armed

Forces, only if the Secretary of State certifies to the appropriate

congressional committees that—

(1) the Indonesian Government is prosecuting and punishing, in a manner proportional to the crime, members of

the Armed Forces who have been credibly alleged to have

committed gross violations of human rights;

(2) at the direction of the President of Indonesia, the Armed

Forces are cooperating with civilian judicial authorities and

with international efforts to resolve cases of gross violations

of human rights in East Timor and elsewhere; and

(3) at the direction of the President of Indonesia, the

Government of Indonesia is implementing reforms to improve

civilian control of the military.

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

Secretary determines and reports to the Committees on Appropriations that to do so is in the national security interests of the

United States.

REPORT ON INDONESIAN COOPERATION

SEC. 599G. Not later than 90 days after enactment of this

Act, the Secretary of State shall submit a report to the Committees

on Appropriations that describes—

(1) the status of the investigation of the murders of two

United States citizens and one Indonesian citizen that occurred

on August 31, 2002 in Timika, Indonesia, the status of any

individuals indicted within the United States or Indonesia for

crimes relating to those murders, and the status of judicial

proceedings relating to those murders;

(2) the efforts by the Government of Indonesia to arrest

individuals indicted for crimes relating to those murders and

any other actions taken by the Government of Indonesia,

including the Indonesian judiciary, police and Armed Forces,

to bring the individuals responsible for those murders to justice;

and

(3) the cooperation provided by the Government of Indonesia, including the Indonesian judiciary, police and Armed

119 STAT. 2246 PUBLIC LAW 109–102—NOV. 14, 2005

LEGISLATIVE HISTORY—H.R. 3057:

HOUSE REPORTS: Nos. 109–152 (Comm. on Appropriations) and 109–265

(Comm. of Conference).

SENATE REPORTS: No. 109–96 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 151 (2005):

June 28, considered and passed House.

July 15, 19, 20, considered and passed Senate, amended.

Nov. 4, House agreed to conference report.

Nov. 10, Senate agreed to conference report.

Æ

Forces, to requests related to those murders made by the Secretary of State or the Director of the Federal Bureau of Investigation.

This Act may be cited as the ‘‘Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 2006’’.

Approved November 14, 2005.