214 
HR 3057 PP 
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. 6010. 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 pro-
vide financing to Israel, Egypt and NATO and major non- 
NATO allies for the procurement by leasing (including leas-
ing 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 pol-
icy or national security reasons for those defense articles 
being provided by commercial lease rather than by govern-
ment-to-government sale under such Act. 
AVAILABILITY OF FUNDS 
SEC. 6011. No part of any appropriation contained 
in any title of this Act shall remain available for obligation 
after the expiration of the current fiscal year unless ex-
pressly so provided in this Act: Provided, That funds appro-
priated 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 Ex-
port Control Act, and funds provided under the heading
215 
HR 3057 PP 
‘‘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 other-
wise have expired, if such funds are initially obligated be-
fore the expiration of their respective periods of availability 
contained in this Act: Provided further, That, notwith-
standing 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. 6012. No part of any appropriation contained 
in this Act shall be used to furnish assistance to the govern-
ment 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 gov-
ernment 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. 6013. (a) None of the funds appropriated or made 
available pursuant to this Act for direct assistance and
216 
HR 3057 PP 
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 ca-
pacity 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 Assist-
ance Act of 1961 shall be available for any testing or breed-
ing feasibility study, variety improvement or introduction, 
consultancy, publication, conference, or training in connec-
tion with the growth or production in a foreign country 
of an agricultural commodity for export which would com-
pete with a similar commodity grown or produced in the
217 
HR 3057 PP 
United States: Provided, That this subsection shall not pro-
hibit— 
(1) activities designed to increase food security 
in developing countries where such activities will not 
have a significant impact on the export of agricul-
tural commodities of the United States; or 
(2) research activities intended primarily to ben-
efit American producers. 
SURPLUS COMMODITIES 
SEC. 6014. The Secretary of the Treasury shall in-
struct the United States Executive Directors of the Inter-
national Bank for Reconstruction and Development, the 
International Development Association, the International 
Finance Corporation, the Inter-American Development 
Bank, the International Monetary Fund, the Asian Devel-
opment Bank, the Inter-American Investment Corporation, 
the North American Development Bank, the European 
Bank for Reconstruction and Development, the African De-
velopment Bank, and the African Development Fund to use 
the voice and vote of the United States to oppose any assist-
ance 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.
218 
HR 3057 PP 
NOTIFICATION REQUIREMENTS 
SEC. 6015. For the purposes of providing the executive 
branch with the necessary administrative flexibility, none 
of the funds made available under this Act for ‘‘Child Sur-
vival and Health Programs Fund’’, ‘‘Development Assist-
ance’’, ‘‘International Organizations and Programs’’, 
‘‘Trade and Development Agency’’, ‘‘International Nar-
cotics 
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-ter-
rorism, Demining and Related Programs’’, ‘‘Millennium 
Challenge Corporation’’ (by country only), ‘‘Foreign Mili-
tary Financing Program’’, ‘‘International Military Edu-
cation and Training’’, ‘‘Peace Corps’’, and ‘‘Migration and 
Refugee Assistance’’, shall be available for obligation for ac-
tivities, programs, projects, type of materiel assistance, 
countries, or other operations not justified or in excess of 
the amount justified to the Committees on Appropriations
219 
HR 3057 PP 
for obligation under any of these specific headings unless 
the Committees on Appropriations of both Houses of Con-
gress 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 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 ap-
propriated under title III of this Act of less than 10 percent 
of the amount previously justified to the Congress for obliga-
tion 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 ac-
cordance 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 congres-
220 
HR 3057 PP 
sional 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 emer-
gency circumstances. 
LIMITATION ON AVAILABILITY OF FUNDS FOR 
INTERNATIONAL ORGANIZATIONS AND PROGRAMS 
SEC. 6016. Subject to the regular notification proce-
dures of the Committees on Appropriations, funds appro-
priated under this Act or any previously enacted Act mak-
ing appropriations for foreign operations, export financing, 
and related programs, which are returned or not made 
available for organizations and programs because of the im-
plementation of section 307(a) of the Foreign Assistance Act 
of 1961, shall remain available for obligation until Sep-
tember 30, 2007. 
INDEPENDENT STATES OF THE FORMER SOVIET UNION 
SEC. 6017. (a) None of the funds appropriated under 
the heading ‘‘Assistance for the Independent States of the 
Former Soviet Union’’ shall be made available for assist-
ance for a government of an Independent State of the former 
Soviet Union if that government directs any action in vio-
lation of the territorial integrity or national sovereignty of 
any other Independent State of the former Soviet Union,
221 
HR 3057 PP 
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, Georgia, and Ukraine 
shall be subject to the regular notification procedures of the 
Committees on Appropriations. 
(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 envi-
ronment 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
222 
HR 3057 PP 
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 Co-
ordinator for United States Assistance to Europe and Eur-
asia and the implementing agency shall encourage the par-
ticipation 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. 6018. None of the funds made available to carry 
out part I of the Foreign Assistance Act of 1961, as amend-
ed, 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 perform-
ance 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 bio-
medical research which relates in whole or in part, to meth-
ods of, or the performance of, abortions or involuntary steri-
lization as a means of family planning. None of the funds
223 
HR 3057 PP 
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 abor-
tions and involuntary sterilizations. 
EXPORT FINANCING TRANSFER AUTHORITIES 
SEC. 6019. Not to exceed 5 percent of any appropria-
tion other than for administrative expenses made available 
for fiscal year 2006, for programs under title II 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 Com-
mittees on Appropriations. 
SPECIAL NOTIFICATION REQUIREMENTS 
SEC. 6020. 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 regular notification procedures of 
the Committees on Appropriations.
224 
HR 3057 PP 
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 
SEC. 6021. For the purpose of titles II through V 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, ceil-
ings, and limitations with the exception that for the fol-
lowing accounts: Economic Support Fund and Foreign 
Military Financing Program ‘‘program, project, and activ-
ity’’ shall also be considered to include country, regional, 
and central program level funding within each such ac-
count; 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, ei-
ther as: (1) justified to the Congress; or (2) allocated by 
the executive branch in accordance with a report, to be pro-
vided 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. 6022. Up to $13,500,000 of the funds made avail-
able by this Act for assistance under the heading ‘‘Child 
Survival and Health Programs Fund’’, may be used to re-
imburse United States Government agencies, agencies of 
State governments, institutions of higher learning, and pri-
vate and voluntary organizations for the full cost of indi-
225 
HR 3057 PP 
viduals (including for the personal services of such individ-
uals) detailed or assigned to, or contracted by, as the case 
may be, the United States Agency for International Devel-
opment 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 ‘‘De-
velopment Assistance’’ may be used to reimburse such agen-
cies, institutions, and organizations for such costs of such 
individuals carrying out other development assistance ac-
tivities: Provided further, That funds appropriated by titles 
III and IV 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 preven-
tion, 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: Pro-
vided further, That of the funds appropriated under title 
III of this Act, not less than $450,000,000 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
226 
HR 3057 PP 
Survival and Health Programs Fund’’, to include specific 
recommendations on improving the effectiveness of such 
funds. 
AFGHANISTAN 
SEC. 6023. Of the funds appropriated by titles III and 
IV of this Act, not less than $920,000,000 should be made 
available for humanitarian, reconstruction, and related as-
sistance for Afghanistan: Provided, That of the funds made 
available pursuant to this section, not less than $5,000,000 
shall 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 made available pursu-
ant to this section, not less than $3,000,000 should be made 
available for assistance for Afghan families and commu-
nities that have suffered losses as a result of the military 
operations against the Taliban and insurgents, including 
to employ an individual to serve as a liaison between Af-
ghan families and communities, the Afghan Independent 
Human Rights Commission, United States Armed Forces, 
and the United States Agency for International Develop-
ment: 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 or-
227 
HR 3057 PP 
ganizations: Provided further, That of the funds made 
available pursuant to this section, up to $6,000,000 should 
be available for a National Emergency Response and Pre-
paredness System, to include the development of an Emer-
gency Operations Center: Provided further, That to the 
maximum extent practicable members of the Afghan Na-
tional Army should be vetted for involvement in terrorism, 
human rights violations, and drug trafficking: Provided 
further, That of the funds allocated for assistance for Af-
ghanistan by this Act not less than $10,000,000 shall be 
made available for grants to support training and equip-
ment to improve the capacity of women-led Afghan non-
governmental organizations and to support the activities of 
such organizations. 
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT 
SEC. 6024. 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 commit-
tees pursuant to subsection (f) of that section: Provided, 
That before issuing a letter of offer to sell excess defense arti-
cles 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
228 
HR 3057 PP 
military equipment (as defined in section 47(9) of the Arms 
Export Control Act) or are valued (in terms of original ac-
quisition 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. 
AIRCRAFT PROCUREMENT 
SEC. 6025. Notwithstanding any other provision of 
law, none of the funds appropriated or otherwise made 
available in this Act, except for those provided under the 
headings ‘‘Foreign Military Financing Program’’ and 
‘‘Broadcasting to Cuba’’, may be obligated for the procure-
ment of aircraft. 
DEMOCRACY PROGRAMS 
SEC. 6026. (a) Notwithstanding any other provision 
of law, of the funds appropriated by this Act to carry out 
the provisions of chapter 4 of part II of the Foreign Assist-
ance Act of 1961, not less than $35,000,000 shall be made 
available for assistance for activities to support democracy, 
human rights, and the rule of law in the People’s Republic 
of China and Hong Kong: Provided, That funds appro-
priated under the heading ‘‘Economic Support Fund’’ 
should be made available for assistance for Taiwan for the 
purposes of furthering political and legal reforms: Provided
229 
HR 3057 PP 
further, That such funds shall only be made available to 
the extent that they are matched from sources other than 
the United States Government: Provided further, That 
funds made available pursuant to the authority of this sub-
section shall be subject to the regular notification procedures 
of the Committees on Appropriations. 
(b)(1) In addition to the funds made available in sub-
section (a), of the funds appropriated by this Act under the 
heading ‘‘Economic Support Fund’’ not less than 
$25,000,000 shall be made available for programs and ac-
tivities to foster democracy, 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 to, deter, or prevent acts of international ter-
rorism: Provided, That funds made available pursuant to 
the authority of this subsection should support new initia-
tives and activities in those countries: Provided further, 
That of the funds appropriated under this heading, 
$5,000,000 shall be made available for continuing programs 
and activities that provide professional training for jour-
nalists: Provided further, That, notwithstanding any other 
provision of law, not less than $7,000,000 of such funds 
may be used for making grants to educational, humani-
230 
HR 3057 PP 
tarian and nongovernmental organizations and individuals 
inside Iran to support the advancement of democracy and 
human rights in Iran: Provided further, That, notwith-
standing any other provision of law, funds appropriated 
pursuant to this Act may be made available for democracy, 
human rights, and rule of law programs for Syria and 
Iran: Provided further, That funds made available pursu-
ant to this subsection shall be subject to the regular notifica-
tion procedures of the Committees on Appropriations. 
(2) In addition to funds made available under sub-
sections (a) and (b)(1), of the funds appropriated by this 
Act under the heading ‘‘Economic Support Fund’’ not less 
than $4,500,000 shall be made available for programs and 
activities of the National Endowment for Democracy to fos-
ter democracy, human rights, civic education, women’s de-
velopment, press freedom, and the rule of law in countries 
in sub-Saharan Africa. 
(c) Of the funds made available under subsection (a), 
not less than $25,000,000 shall be made available for the 
Human Rights and Democracy Fund of the Bureau of De-
mocracy, Human Rights and Labor, Department of State, 
to support the activities described in subsection (a), and 
of the funds made available under subsection (b)(1), not less 
than $15,000,000 shall be made available for such Fund 
to support the activities described in subsection (b)(1): Pro-
231 
HR 3057 PP 
vided, That up to $1,200,000 may be used for the Reagan/ 
Fascell Democracy Fellows program. 
(d) Of the funds made available under subsection (a), 
not less than $10,000,000 shall be made available for the 
National Endowment for Democracy to support the activi-
ties described in subsection (a), and of the funds made 
available under subsection (b)(1), not less than $10,000,000 
shall be made available for the National Endowment for 
Democracy to support the activities described in subsection 
(b)(1): Provided, That the Secretary of State shall provide 
a report to the Committees on Appropriations within 120 
days of the date of enactment of this Act on the status of 
the allocation and obligation of such funds. 
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST 
COUNTRIES 
SEC. 6027. (a) Funds appropriated for bilateral assist-
ance 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 in-
dividual or group which has committed an act of 
international terrorism; or 
(2) otherwise supports international terrorism. 
(b) The President may waive the application of sub-
section (a) to a country if the President determines that
232 
HR 3057 PP 
national security or humanitarian reasons justify such 
waiver. The President shall publish each waiver in the Fed-
eral Register and, at least 15 days before the waiver takes 
effect, shall notify the Committees on Appropriations of the 
waiver (including the justification for the waiver) in ac-
cordance with the regular notification procedures of the 
Committees on Appropriations. 
DEBT-FOR-DEVELOPMENT 
SEC. 6028. In order to enhance the continued partici-
pation of nongovernmental organizations in debt-for-devel-
opment and debt-for-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 pro-
vided under title III of this Act and, subject to the regular 
notification procedures of the Committees on Appropria-
tions, any interest earned on such investment shall be used 
for the purpose for which the assistance was provided to 
that organization. 
SEPARATE ACCOUNTS 
SEC. 6029. (a) SEPARATE ACCOUNTS FOR LOCAL CUR-
RENCIES.—(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