122
(2) the Government of Sudan and all govern-
ment-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 or-
ganizations, the human rights investigation and hu-
manitarian teams of the United Nations, including 
protection officers, and an international monitoring 
team that is based in Darfur and that has the sup-
port 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 ‘‘Govern-
ment of Sudan’’, ‘‘areas outside of control of the Govern-
ment 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,
123
Blue Nile State and Abyei shall be deemed ‘‘areas outside 
of control of the Government of Sudan’’. 
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 Tech-
nical 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 build-
ing 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 For-
eign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during 
fiscal year 2006, funds available to the Department of De-
fense 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, Af-
ghanistan, Bulgaria, Croatia, Estonia, Former Yugo-
slavian Republic of Macedonia, Georgia, India, Iraq, 
Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova,
124
Mongolia, Pakistan, Romania, Slovakia, Tajikistan, 
Turkmenistan, Ukraine, and Uzbekistan. 
CUBA 
SEC. 572. None of the funds appropriated by this Act 
under the heading ‘‘International Narcotics Control and 
Law Enforcement’’ may be made available for assistance 
to the Government of Cuba. 
GENDER-BASED VIOLENCE TRAINING 
SEC. 573. Programs funded under titles II and III 
of this Act that provide training for foreign police, judicial, 
and military officials, shall include instruction on how to 
address incidences and victims of gender-based violence: 
Provided, That the Secretary of State, in consultation with 
the Secretary of Defense, shall report to the Committee 
on Appropriations, no later than 180 days after enactment 
of this Act, how such instruction is being incorporated into 
programs funded under titles II and III of this Act. 
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 govern-
ment 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
125
Statute preventing the International Criminal Court from 
proceeding against United States personnel present in 
such country. 
(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 ap-
propriate congressional committees that such country has 
entered into an agreement with the United States pursu-
ant 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 Mil-
lennium Challenge Act of 2003, notwithstanding section 
606(a)(2)(B) of such Act.
126
TIBET 
SEC. 575. (a) The Secretary of the Treasury should 
instruct the United States executive director to each inter-
national 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 re-
sources 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 sub-
ject to effective monitoring. 
(b) Notwithstanding any other provision of law that 
restricts assistance to foreign countries, 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 ac-
tivities which preserve cultural traditions and promote 
sustainable development and environmental conservation 
in Tibetan communities in the Tibetan Autonomous Re-
gion and in other Tibetan communities in China. 
CENTRAL AMERICA 
SEC. 576. 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
127
653(a) of the Foreign Assistance Act of 1961 for fiscal 
year 2005 should be made available for El Salvador, Gua-
temala, Nicaragua and Honduras. 
UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT MANAGEMENT 
SEC. 577. (a) AUTHORITY.—Up to $75,000,000 of 
the funds made available in this Act to carry out the provi-
sions of part I of the Foreign Assistance Act of 1961, in-
cluding funds appropriated under the heading ‘‘Assistance 
for Eastern Europe and the Baltic States’’, may be used 
by the United States Agency for International Develop-
ment (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 fis-
cal year pursuant to the authority contained in sub-
section (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 this section 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
128
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 ena-
bling USAID to meet personnel positions in technical skill 
areas currently encumbered by contractor or other non-
direct-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 ap-
propriated for ‘‘Operating Expenses of the United States 
Agency for International Development’’. 
(g) DISASTER
SURGE
CAPACITY.—Funds appro-
priated by this Act to carry out part I of the Foreign As-
sistance Act of 1961, including funds appropriated under 
the heading ‘‘Assistance for Eastern Europe and the Bal-
129
tic 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 Assist-
ance Act of 1961, up to a total of $20,000,000 of the 
funds appropriated under title II of this Act may be trans-
ferred 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 In-
vestment Corporation: Provided further, That funds ear-
130
marked 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 proce-
dures of the Committees on Appropriations.
CONFLICT RESPONSE 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 580. Whenever the Secretary of State deter-
mines that it is in the national interest of the United 
States, the Secretary is authorized to furnish reconstruc-
tion and stabilization assistance, on such terms and condi-
tions as the Secretary may determine, for the purpose of 
preventing, responding to, or enabling transition from con-
flict or civil strife in foreign countries or regions: Provided, 
That the Secretary may transfer up to $100,000,000 
among accounts of the Department of State and to other 
Federal agencies as necessary to carry out these authori-
ties: Provided further, That pursuant to a determination 
by the Secretary of State that it is in the national interest 
of the United States to prevent or respond to conflict or 
civil strife in foreign countries or regions, or to enable 
transition from such strife assistance provided under this 
paragraph, as well as assistance provided with funds ap-
propriated under titles II and III of this Act for countries 
subject to a determination made under this paragraph, 
may be used: Provided further, That the exercise of such
131
authority shall be subject to the regular notification proce-
dures of the Committees on Appropriations. 
RESCISSION 
SEC. 581. Of the funds provided in title II of Public 
Law 108–447, under the heading ‘‘Other Bilateral Eco-
nomic Assistance, Economic Support Fund’’, $64,000,000 
is hereby rescinded. 
ANTICORRUPTION PROVISIONS 
SEC. 582. Twenty-five percent of the funds appro-
priated by this Act under the headings ‘‘International De-
velopment Association’’, shall be withheld from obligation 
until the Secretary of the Treasury certifies to the appro-
priate congressional committees that—
(a) World Bank procurement guidelines are ap-
plied to all procurement financed in whole or in part 
by a loan from the International Bank for Recon-
struction and Development (IBRD) or a credit 
agreement or grant from the International Develop-
ment Association (IDA); 
(b) the World Bank proposal ‘‘Increasing the 
Use of Country Systems in Procurement’’ dated 
March 2005 has been withdrawn; 
(c) the World Bank is maintaining a strong 
central procurement office staffed with senior ex-
perts who are designated to address commercial con-
cerns, questions, and complaints regarding procure-
132
ment procedures and payments under IDA and 
IBRD projects; 
(d) thresholds for international competitive bid-
ding are established to maximize international com-
petitive bidding in accordance with sound procure-
ment practices, including transparency, competition, 
and cost-effective results for the Borrowers; 
(e) 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 
(f) loan agreements are made public between 
the World Bank and the Borrowers. 
PROHIBITION
ON
CERTAIN
INTERNATIONAL
NARCOTICS 
CONTROL AND LAW ENFORCEMENT ASSISTANCE TO 
THE GOVERNMENT OF HAITI 
SEC. 583. None of the funds made available in this 
Act under the heading ‘‘INTERNATIONAL NARCOTICS CON-
TROL AND LAW ENFORCEMENT’’ may be used to transfer 
excess property of an agency of the United States Govern-
ment to the Government of Haiti. 
LIMITATION ON ASSISTANCE TO ROMANIA UNDER THE 
SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED) 
ACT OF 1989
SEC. 584. None of the funds appropriated in this Act 
under the heading ‘‘ASSISTANCE FOR EASTERN EUROPE
133
AND THE BALTIC STATES’’ may be obligated or expended 
for assistance to Romania under the Support for East Eu-
ropean Democracy (SEED) Act of 1989. 
LIMITATION ON FUNDS RELATING TO ATTENDANCE OF 
FEDERAL EMPLOYEES AT CONFERENCES OCCURRING 
OUTSIDE THE UNITED STATES 
SEC. 585. None of the funds made available in this 
Act may be used to send or otherwise pay for the attend-
ance of more than 50 employees of a Federal department 
or agency at any single conference occurring outside the 
United States. 
LIMITATION ON USE OF FUNDS BY THE EXPORT-IMPORT 
BANK OF THE UNITED STATES 
SEC. 586. Of the amounts provided in title I, under 
the heading ‘‘EXPORT-IMPORT BANK OF THE UNITED 
STATES—ADMINISTRATIVE
EXPENSES’’, not more than 
$66,200,000 may be expended while there is a vacancy 
in position of the head of the Office of Inspector General 
in the Export-Import Bank of the United States. 
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. 587. None of the funds made available in this 
Act for the Department of State may be used to provide 
assistance to any country the government of which has
134
notified the Department of State of its refusal to extradite 
to the United States any individual accused in the United 
States of killing a law enforcement officer, as specified in 
a United States extradition request. 
PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI 
ARABIA 
SEC. 588. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated 
or expended to finance any assistance to Saudi Arabia. 
PROHIBITION ON USE OF FUNDS BY THE EXPORT-IMPORT 
BANK OF THE UNITED STATES TO APPROVE AN AP-
PLICATION FOR A LONG-TERM LOAN OR LOAN GUAR-
ANTEE WITH RESPECT TO A NUCLEAR PROJECT IN 
THE PEOPLE’S REPUBLIC OF CHINA 
SEC. 589. None of the funds made available in this 
Act may be used by the Export-Import Bank of the United 
States to approve an application for a long-term loan or 
loan guarantee with respect to a nuclear project in the 
People’s Republic of China. 
GOVERNMENTS THAT HAVE FAILED TO PERMIT CERTAIN 
EXTRADITIONS 
SEC. 590. None of the funds made available in this 
Act for the Department of State, other than funds pro-
vided under the heading ‘‘INTERNATIONAL
NARCOTICS 
CONTROL AND LAW ENFORCEMENT’’, may be used to pro-
vide assistance to any country with whom the United
135
States has an extradition treaty and whose government 
has notified the Department of State of its refusal to ex-
tradite to the United States any individual accused of 
committing a criminal offense for which the maximum 
penalty is life imprisonment without the possibility of pa-
role, or a lesser term of imprisonment. 
This Act may be cited as the ‘‘Foreign Operations, 
Export Financing, and Related Programs Appropriations 
Act, 2006’’.
Passed the House of Representatives June 28, 2005. 
Attest:
Clerk.
109TH CONGRESS 
1ST SESSION 
H. R. 3057
AN ACT 
Making appropriations for foreign operations, ex-
port financing, and related programs for the fis-
cal year ending September 30, 2006, and for 
other purposes.