(C) the right of peaceful assembly and the 
absence of prisoners of conscience. 
(4) PREVENTION
OF
TORTURE.—The govern-
ment of the country is making substantial, sus-
tained, and demonstrable progress toward the estab-
lishment and enforcement of legal prohibitions 
against torture and cruel, inhuman, or degrading 
treatment or punishment, public denunciations of 
torture, cooperation with the International Com-
mittee of the Red Cross and the United Nations 
Special Rapporteur on Torture on these matters, as 
appropriate, and the prosecution of individuals ac-
cused of perpetrating acts of torture. 
(5) RULE OF LAW; NONDISCRIMINATION.—The 
government of the country is making substantial, 
sustained, and demonstrable progress toward the es-
tablishment and enforcement of the right to a fair 
trial, independence of the judiciary, implementation 
of anti-corruption programs, efforts to combat traf-
ficking in persons, and nondiscriminatory treatment 
of ethnic, religious and linguistic minorities. 
(c) WITHHOLDING OF ASSISTANCE.— 
(1) FIRST FISCAL YEAR.—If the President does 
not certify under subsection (a) that the government 
of a country of Central Asia meets the requirements
described in subsection (b) for a fiscal year, then 33 
percent of the amount of assistance described in 
subsection (e) that is allocated for the government 
of the country for such fiscal year shall be withheld 
from obligation and expenditure. 
(2) SECOND
FISCAL
YEAR.—If the President 
does not certify under subsection (a) that the gov-
ernment of a country of Central Asia meets the re-
quirements described in subsection (b) for a second 
consecutive fiscal year, then 66 percent of the 
amount of assistance described in subsection (e) that 
is allocated for the government of the country for 
such fiscal year shall be withheld from obligation 
and expenditure. 
(3) THIRD AND SUBSEQUENT FISCAL YEARS.— 
(A) WITHHOLDING.—If the President does 
not certify under subsection (a) that the gov-
ernment of a country of Central Asia meets the 
requirements described in subsection (b) for a 
third consecutive fiscal year, then 100 percent 
of the amount of assistance described in sub-
section (e) that is allocated for the government 
of the country for such fiscal year, and each 
consecutive subsequent fiscal year with respect 
to which a presidential certification under sub-
section (a) is not made, shall be withheld from 
obligation and expenditure. 
(B) WAIVER.—The President may waive 
the application of subparagraph (A) with re-
spect to a third consecutive fiscal year, or a 
consecutive subsequent fiscal year described in 
such subparagraph, if the President determines 
and certifies to the appropriate congressional 
committees that it is important to the national 
security of the United States to do so. If the 
President exercises the waiver authority under 
this subparagraph for a fiscal year, then 66 
percent of the amount of assistance described in 
subsection (e) that is allocated for the govern-
ment of the country for such fiscal year shall be 
withheld from obligation and expenditure. 
(4) USE OF WITHHELD ASSISTANCE.—Amounts 
withheld from obligation and expenditure under this 
subsection for a fiscal year are authorized to be 
made available for assistance under section 4 of this 
Act. 
(d) REINSTATEMENT OF ASSISTANCE.—If the Presi-
dent certifies under subsection (a) that the government 
of a country of Central Asia meets the requirements of 
subsection (b) for a fiscal year following a fiscal year with
respect to which funds are withheld from obligation and 
expenditure under paragraph (1), (2), or (3) of subsection 
(c), then the amount of assistance described in subsection 
(e) that is allocated for the government of the country for 
such fiscal year, and each consecutive subsequent fiscal 
year with respect to which an additional presidential cer-
tification under subsection (a) is made, may be increased 
by 33 percent for each such fiscal year, not to exceed 100 
percent of the amount of assistance described in sub-
section (e) that is allocated for the government of the 
country for any such fiscal year. 
(e) ASSISTANCE DESCRIBED.—Assistance described 
in this subsection is the following: 
(1) Assistance under the Foreign Assistance 
Act of 1961, including programs under title IV of 
chapter 2 of part I of such Act (relating to the Over-
seas Private Investment Corporation) and assistance 
under chapter 12 of part I of such Act (relating to 
support for the economic and political independence 
of the countries of the South Caucasus and Central 
Asia), other than— 
(A) disaster relief assistance, including any 
assistance under chapter 9 of part I of that 
Act;
(B) assistance which involves the provision 
of food (including monetization of food) or med-
icine; 
(C) assistance for refugees; and 
(D) assistance to combat HIV/AIDS, in-
cluding any assistance under section 104A of 
that Act. 
(2) Sales, or financing on any terms, under the 
Arms Export Control Act. 
(3) Assistance made available by reason of the 
application of section 9009 of the Department of 
Defense Appropriations Act, 2005, or any related or 
successor provision of law. 
(4) The provision of training, equipment, trans-
portation, or other support for the armed forces 
under any provision of law, other than assistance 
under programs and activities specified in section 
1501(b) of the National Defense Authorization Act 
for Fiscal Year 1997 (relating to Cooperative Threat 
Reduction programs). 
(f) EFFECTIVE DATE.—The requirements of this sec-
tion apply with respect to funds appropriated for assist-
ance for the governments of the countries of Central Asia 
for fiscal year 2006 and subsequent fiscal years.
SEC. 7. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ 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 Sen-
ate. 
(2) COUNTRIES OF CENTRAL ASIA.—The term 
‘‘countries of Central Asia’’ means Kazakhstan, 
Kyrgyzstan, 
Tajikistan, 
Turkmenistan, 
and 
Uzbekistan. 
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