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a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a de-
scription of the economic policy reforms that will be pro-
moted 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. 6030. (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 ac-
cordance 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.
BURMA
SEC. 6031. (a) The Secretary of the Treasury shall in-
struct the United States executive director to each appro-
priate 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
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technical assistance or any other utilization of funds of the
respective bank to and for Burma.
(b) Of the funds appropriated under the heading ‘‘Eco-
nomic Support Fund’’, not less than $8,000,000 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 Bur-
ma’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 head-
ing ‘‘Migration and Refugee Assistance’’ in this Act, not
less than $3,000,000 shall be allocated to the Bureau of Pop-
ulation, Refugees and Migration, Department of State, 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 proce-
dures 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, di-
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rectly 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 con-
tribution to the Global Fund pursuant to section
202(d)(4)(A)(ii) of Public Law 108–25.
(d) Notwithstanding any provision of this or any other
Act, none of the funds appropriated by this Act may be
made available for assistance for the central government of
any country that is a major provider of weapons or defense-
related equipment to the State Peace and Development
Council.
(e) The President may waive subsection (d) if he deter-
mines and reports to the Committees on Appropriations
that to do so is in the national security interests of the
United States.
(f) None of the funds appropriated by this Act may
be made available for the United Nations Office on Drugs
and Crime (UNODC) unless the Secretary of State deter-
mines and reports to the Committees on Appropriations
that the UNODC in Burma is reporting to other relevant
United Nations organizations incidents of gross human
rights violations encountered during the conduct of its pro-
grams in Burma.
(g) None of the funds appropriated under the heading
‘‘Economic Support Fund’’ may be made available for pro-
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grams and activities involving the Association of Southeast
Asian Nations (ASEAN) if the State Peace and Develop-
ment Council in Burma assumes chairmanship of ASEAN
in 2006.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN
FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION
SEC. 6032. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropria-
tions for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities au-
thorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Develop-
ment Foundation Act. The agency shall promptly report to
the Committees on Appropriations whenever it is con-
ducting activities or is proposing to conduct activities in
a country for which assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 6033. None of the funds appropriated by this Act
may be obligated or expended to provide—
(1) any financial incentive to a business enter-
prise currently located in the United States for the
purpose of inducing such an enterprise to relocate
outside the United States if such incentive or induce-
ment is likely to reduce the number of employees of
such business enterprise in the United States because
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United States production is being replaced by such
enterprise outside the United States; or
(2) assistance for any program, project, or activ-
ity 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 sec-
tion 507(4)(D) and (E) of such Act should be com-
mensurate with the level of development of the recipi-
ent country and sector, and shall not preclude assist-
ance for the informal sector in such country, micro
and small-scale enterprise, and smallholder agri-
culture.
SPECIAL AUTHORITIES
SEC. 6034. (a) AFGHANISTAN, IRAQ, PAKISTAN, LEB-
ANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED CHIL-
DREN, AND DISPLACED BURMESE.—Funds appropriated by
this Act that are made available for assistance for Afghani-
stan may be made available notwithstanding section 6012
of this Act or any similar provision of law and section 660
of the Foreign Assistance Act of 1961, and funds appro-
priated in titles II and III of this Act that are made avail-
able for Iraq, Lebanon, Montenegro, Pakistan, and for vic-
tims of war, displaced children, and displaced Burmese,
and to assist victims of trafficking in persons and, subject
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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 CON-
SERVATION 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 biodiver-
sity conservation activities and energy programs aimed at
reducing greenhouse gas emissions: Provided, That such as-
sistance shall be subject to sections 116, 502B, and 620A
of the Foreign Assistance Act of 1961.
(c) PERSONAL SERVICES CONTRACTORS.—Funds ap-
propriated by this Act to carry out chapter 1 of part I,
chapter 4 of part II, and section 667 of the Foreign Assist-
ance 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 ex-
panded 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 contrac-
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tors shall be assigned to any bureau or office: Provided fur-
ther, 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 con-
tractors assigned to the Office of Food for Peace.
(d)(1) WAIVER.—The President may waive the provi-
sions of section 1003 of Public Law 100–204 if the Presi-
dent 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 waiv-
er 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 appro-
priated by this Act, the United States Agency for Inter-
national Development may provide an exception to the fair
opportunity process for placing task orders under such con-
tracts when the order is placed with any category of small
or small disadvantaged business.
(f) CONTINGENCIES.—During fiscal year 2006, the
President may use up to $100,000,000 under the authority
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of section 451 of the Foreign Assistance Act of 1961, not-
withstanding the funding ceiling in section 451(a).
(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, mu-
nicipal, or other sub-national entity emerging from insta-
bility, 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 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 contribu-
tion to the World Food Program, notwithstanding any other
provision of law.
(i) NATIONAL ENDOWMENT FOR DEMOCRACY.—Funds
appropriated by this Act that are provided to the National
Endowment for Democracy may be provided notwith-
standing any other provision of law or regulation.
(j) UNIVERSITY PROGRAMS.—Notwithstanding any
other provision of law, of the funds appropriated under the
heading ‘‘Development Assistance’’ in this Act, not less than
$10,000,000 shall be made available to American edu-
cational institutions for programs and activities in the Peo-
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ple’s Republic of China relating to the environment, democ-
racy, and the rule of law: Provided, That funds made avail-
able pursuant to this authority shall be subject to the reg-
ular notification procedures of the Committees on Appro-
priations.
(k) EXTENSION OF AUTHORITY.—Public Law 107–57,
as amended, is further amended as follows in the specified
subsections—
(1) subsection 1(b) is amended by striking
‘‘2003’’ and inserting in lieu thereof ‘‘2006’’;
(2) paragraph 1(b)(1) is amended by striking
‘‘2003’’ and inserting in lieu thereof ‘‘2006’’;
(3) paragraph 3(2) is amended to read as fol-
lows:
‘‘(2) Such provision of the annual foreign oper-
ations, export financing, and related programs appro-
priations Acts for fiscal years 2005 and 2006, as are
comparable to section 512 of the Foreign Operations,
Export Financing, and Related Programs Appropria-
tions Act, 2001 (Public Law 106–429; 114 Stat.
1900A–25).’’; and
(4) section 6 is amended by striking ‘‘2003’’ and
inserting in lieu thereof ‘‘2006’’.
(l) ENTERPRISE FUND AND FOUNDATION.—Funds ap-
propriated under the heading ‘‘Economic Support Fund’’
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in this or any prior Act making appropriations for foreign
operations, export financing and related programs may be
made available, including as an endowment, notwith-
standing any other provision of law and following consulta-
tions with the Committees on Appropriations, to establish
and operate a Middle East Enterprise Fund and Founda-
tion, or any other similar entities, for the Middle East re-
gion, to support democracy and private enterprise building,
respectively, as well as for related purposes: Provided, 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 fund,
foundation, or similar entity referred to under this sub-
section and to funds made available to such entity in order
to enable it to provide assistance, including by grant and
financing: Provided further, That prior to the initial obli-
gation of funds for any such fund, 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 amounts made available pursuant to such authorities
are not provided to or through any individual or group that
the management of the fund, foundation or entity knows
or has reason to believe, advocates, plans, sponsors, or other-
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wise engages in terrorist activities: Provided further, That
section 6030 of this Act shall apply to any such fund, foun-
dation, or similar entity established by this subsection.
(m) 
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 Atlan-
tic Treaty Organization’’ the following: ‘‘or the Govern-
ments 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 gov-
ernment, or the Governments of Australia, New Zea-
land, 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:
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‘‘(b) The President shall seek reimbursement for mili-
tary 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.’’.
(n) EXTENSION OF AUTHORITY.—The Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations 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 sub-
section (b)(2), by striking ‘‘2005’’ and inserting
‘‘2006’’.
(o) ADMINISTRATIVE EXPENSES.—Of the funds made
available under the heading ‘‘Economic Support Fund’’ for
assistance for the West Bank and Gaza, not to exceed
$2,000,000, in addition to funds otherwise available for
such purposes, may be used for administrative expenses of