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•AMDT. NO. 4805 
amounts and types of United States assistance to make 
available to the Government of Southern Sudan, the Sec-
retary shall consider the extent to which such government 
is ensuring transparency and accountability of funds: Pro-
vided further, That the Secretary shall, as appropriate, as-
sist the Government of Southern Sudan in conducting 
such audits, and shall submit a report not later than 90 
days after enactment of this Act to the Committees on 
Appropriations detailing the steps that will be taken by 
the Government of Southern Sudan, which are additional 
to those which were taken in the previous fiscal year, to 
improve resource management and ensure transparency 
and accountability of funds. 
(f) THE GAMBIA.—The Secretary of the Treasury 
shall instruct the United States executive directors of the 
international financial institutions to vote against any 
loan, agreement, or other financial support for The Gam-
bia, except to meet basic human needs, unless the Sec-
retary of State certifies to the Committees on Appropria-
tions that the Government of The Gambia is making sig-
nificant efforts to release and account for political pris-
oners, including Ebrimah Manneh. 
(g) WAR CRIMES IN AFRICA.— 
(1) The Congress reaffirms its support for the 
efforts of the International Criminal Tribunal for 
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•AMDT. NO. 4805 
Rwanda (ICTR) and the Special Court for Sierra 
Leone (SCSL) to bring to justice individuals respon-
sible for war crimes and crimes against humanity in 
a timely manner. 
(2) Funds appropriated by this Act, including 
funds for debt restructuring, may be made available 
for assistance for the central government of a coun-
try 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 Assist-
ance Act of 1961 or to project assistance under title 
VI of this Act: Provided further, That the United 
States shall use its voice and vote in the United Na-
tions Security Council to fully support efforts by 
ICTR and SCSL to bring to justice individuals in-
dicted by such tribunals in a timely manner. 
(3) The prohibition in paragraph (2) may be 
waived on a country-by-country basis if the Presi-
dent determines that doing so is in the national se-
curity interest of the United States: Provided, That 
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•AMDT. NO. 4805 
prior to exercising such waiver authority, the Presi-
dent shall submit a report to the Committees on Ap-
propriations, in classified form if necessary, on— 
(A) the steps being taken to obtain the co-
operation of the government in surrendering the 
indictee in question to the court of jurisdiction; 
(B) a strategy, including a timeline, for 
bringing the indictee before such court; and 
(C) the justification for exercising the 
waiver authority. 
(h) ZIMBABWE.— 
(1) The Secretary of the Treasury shall instruct 
the United States executive director of each inter-
national financial institution to vote against any ex-
tension by the respective institution of any loans or 
grants to the Government of Zimbabwe, except to 
meet basic human needs or to promote democracy, 
unless the Secretary of State determines and reports 
in writing to the Committees on Appropriations that 
the rule of law has been restored in Zimbabwe, in-
cluding respect for ownership and title to property, 
freedom of speech and association. 
(2) None of the funds appropriated by this Act 
shall be made available for assistance for the central 
Government of Zimbabwe, except for health, edu-
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cation, and macroeconomic growth assistance, unless 
the Secretary of State makes the determination pur-
suant to paragraph (1). 
ASIA 
SEC. 7068. (a) TIBET.— 
(1) The Secretary of the Treasury should in-
struct the United States executive director of 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 Ti-
betan land and natural resources to non-Tibetans; 
are based on a thorough needs-assessment; foster 
self-sufficiency of the Tibetan people and respect Ti-
betan culture and traditions; and are subject to ef-
fective monitoring. 
(2) Notwithstanding any other provision of law, 
not less than $7,500,000 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 develop-
ment and environmental conservation in Tibetan 
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•AMDT. NO. 4805 
communities in the Tibetan Autonomous Region and 
in other Tibetan communities in China. 
(b) BURMA.— 
(1) The Secretary of the Treasury shall instruct 
the United States executive director of each inter-
national financial institution to oppose and vote 
against the extension by such institution of any loan 
or financial or technical assistance or any other utili-
zation of funds of the respective bank to and for 
Burma. 
(2) Funds appropriated by this Act may be 
made available for assistance for Burma notwith-
standing any other provision of law, except no such 
funds shall be made available to the State Peace and 
Development Council, or its successor, and its affili-
ated organizations: Provided, That such funds shall 
be made available to support programs in Burma, 
along Burma’s borders, and for Burmese groups and 
organizations located outside Burma: Provided fur-
ther, That not less than $5,000,000 shall be made 
available for community-based organizations oper-
ating in Thailand to provide food, medical, and other 
humanitarian assistance to internally displaced per-
sons in eastern Burma, in addition to assistance for 
Burmese refugees appropriated under the heading 
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•AMDT. NO. 4805 
‘‘Migration and Refugee Assistance’’ in this Act: 
Provided further, That any new program or activity 
initiated with funds made available by this Act shall 
be subject to prior consultation with the Committees 
on Appropriations, and all such funds shall be sub-
ject to the regular notification procedures of the 
Committees on Appropriations. 
(c) CAMBODIA.— 
(1) Funds made available in this Act for a 
United States contribution to a Khmer Rouge tri-
bunal may only be made available if the Secretary 
of State certifies to the Committees on Appropria-
tions that the United Nations and the Government 
of Cambodia are taking effective steps to address al-
legations of corruption and mismanagement within 
the tribunal. 
(2) Not later than 30 days after enactment of 
this Act, the Secretary of State shall submit a report 
to the Committees on Appropriations listing Cam-
bodian officials known to have been involved in the 
decision to repatriate 20 Uigher asylum seekers 
from Cambodia to the People’s Republic of China in 
December 2009: Provided, That such report shall be 
posted on the Department of State’s public Web site 
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•AMDT. NO. 4805 
not more than 7 days after such report is trans-
mitted to Congress. 
(d) INDONESIA.— 
(1) Of the funds appropriated by this Act under 
the heading ‘‘Foreign Military Financing Program’’ 
that are available for assistance for Indonesia, 
$2,000,000 may not be obligated until the Secretary 
of State submits to the Committees on Appropria-
tions the report on Indonesia detailed under such 
heading in Senate Report 111–237: Provided, That 
such report shall include steps taken by the Govern-
ment of Indonesia to guarantee freedom of expres-
sion in Papua and the southern Moluccan Islands. 
(2) Of the funds appropriated by this Act under 
the heading ‘‘Economic Support Fund’’ that are 
available for assistance for Indonesia, not less than 
$400,000 should be made available for grants for ca-
pacity building of Indonesian human rights organi-
zations, including in Papua. 
(e) NORTH KOREA.— 
(1) Funds appropriated under the heading ‘‘Mi-
gration and Refugee Assistance’’ in this Act should 
be made available for assistance for refugees from 
North Korea. 
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•AMDT. NO. 4805 
(2) Funds made available by this Act under the 
heading ‘‘Economic Support Fund’’ for assistance 
for countries in the North Asia region may be made 
available for programs and activities pursuant to 
section 4 of Public Law 108–333, as amended, and 
subject to the regular notification procedures of the 
Committees on Appropriations: Provided, That for 
the purposes of this subsection, such programs and 
activities shall be considered democracy promotion. 
(f) PEOPLE’S REPUBLIC OF CHINA.— 
(1) None of the funds appropriated under the 
heading ‘‘Diplomatic and Consular Programs’’ in 
this Act may be obligated or expended for processing 
licenses for the export of satellites of United States 
origin (including commercial satellites and satellite 
components) to the People’s Republic of China un-
less, at least 15 days in advance, the Committees on 
Appropriations are notified of such proposed action. 
(2) The terms and requirements of section 
620(h) of the Foreign Assistance Act of 1961 shall 
apply to foreign assistance projects or activities of 
the People’s Liberation Army (PLA) of the People’s 
Republic of China, to include such projects or activi-
ties by any entity that is owned or controlled by, or 
an affiliate of, the PLA: Provided, That none of the 
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•AMDT. NO. 4805 
funds appropriated or otherwise made available pur-
suant to this Act may be used to finance any grant, 
contract, or cooperative agreement with the PLA, or 
any entity that the Secretary of State has reason to 
believe is owned or controlled by, or an affiliate of, 
the PLA. 
(3) Notwithstanding any other provision of law 
and subject to prior consultation with, and the reg-
ular notification procedures of, the Committees on 
Appropriations, of the funds appropriated by this 
Act under the heading ‘‘Development Assistance’’, 
not less than $15,000,000 shall be made available to 
United States educational institutions and non-
governmental organizations for programs and activi-
ties in the People’s Republic of China relating to the 
environment, governance, and the rule of law. 
(g) PHILIPPINES.—Of the funds appropriated by this 
Act under the heading ‘‘Foreign Military Financing Pro-
gram’’ that are available for assistance for the Philippines, 
$3,000,000 may not be obligated until the Secretary of 
State submits to the Committees on Appropriations the 
report on the Philippines detailed under such heading in 
Senate Report 111–237. 
(h) TIMOR-LESTE.—Of the funds appropriated by 
this Act under the heading ‘‘Economic Support Fund’’, 
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•AMDT. NO. 4805 
not less than $1,000,000, in addition to funds otherwise 
made available for such purposes, shall be made available 
for democracy programs and activities in Timor-Leste, 
and not less than $2,000,000 shall be made available for 
higher education scholarships. 
(i) VIETNAM.—Funds appropriated by this Act that 
are made available for assistance for Vietnam for remedi-
ation of dioxin contaminated sites and related health ac-
tivities may be made available for assistance for the Gov-
ernment of Vietnam, including the military, for such pur-
poses. 
INDEPENDENT STATES OF THE FORMER SOVIET UNION 
SEC. 7069. (a) None of the funds appropriated under 
the heading ‘‘Assistance for Europe, Eurasia and Central 
Asia’’ may be made available for assistance for a govern-
ment 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, unless 
the Secretary of State determines that to do so is in the 
national security interests of the United States. 
(b) Funds appropriated under the heading ‘‘Assist-
ance for Europe, Eurasia and Central Asia’’ for the Rus-
sian Federation, Armenia, Kazakhstan, and Uzbekistan 
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•AMDT. NO. 4805 
shall be subject to the regular notification procedures of 
the Committees on Appropriations. 
(c)(1) Of the funds appropriated under the heading 
‘‘Assistance for Europe, Eurasia and Central Asia’’ that 
are available for assistance for the Government of the 
Russian Federation, 60 percent shall be withheld from ob-
ligation until the Secretary of State certifies to the Com-
mittees on Appropriations that the Government of the 
Russian Federation— 
(A) has terminated implementation of arrange-
ments to provide Iran with technical expertise, train-
ing, 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 
the North Caucasus. 
(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 (Non-
proliferation and Disarmament Programs and Ac-
tivities) of the FREEDOM Support Act. 
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•AMDT. NO. 4805 
(d) Section 907 of the FREEDOM Support Act shall 
not apply to— 
(1) activities to support democracy or assist-
ance 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 For-
eign 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. 
CENTRAL ASIA 
SEC. 7070. The terms and conditions of sections 
7075(a) and (b) and 7076(a) through (e) of the Depart-
ment of State, Foreign Operations, and Related Programs 
Appropriations Act, 2009 (division H of Public Law 111– 
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•AMDT. NO. 4805 
8) shall apply to funds appropriated by this Act: Provided, 
That for the purposes of the application of section 7076(e) 
to this Act, the term ‘‘assistance’’ shall not include ex-
panded international military education and training. 
SOUTH ASIA 
SEC. 7071. (a) AFGHANISTAN.— 
(1) LIMITATION.—None of the funds appro-
priated or otherwise made available by this Act 
under the headings ‘‘Economic Support Fund’’ and 
‘‘International Narcotics Control and Law Enforce-
ment’’ may be obligated for assistance for Afghani-
stan until the Secretary of State, in consultation 
with the Administrator of the United States Agency 
for International Development (USAID), certifies 
and reports to the Committees on Appropriations 
that— 
(A) The Government of Afghanistan is— 
(i) demonstrating a commitment to 
reduce corruption and improve governance, 
including by investigating, prosecuting, 
sanctioning and/or removing corrupt offi-
cials from office and to implement finan-
cial transparency and accountability meas-
ures for government institutions and offi-
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•AMDT. NO. 4805 
cials (including the Central Bank) as well 
as to conduct oversight of public resources; 
(ii) taking significant steps to facili-
tate active public participation in govern-
ance and oversight; and 
(iii) taking credible steps to protect 
the 
internationally 
recognized 
human 
rights of Afghan women. 
(B) There is a unified United States Gov-
ernment anti-corruption strategy for Afghani-
stan that is adequately funded, and is being im-
plemented in conjunction with relevant Afghan 
authorities. 
(C) Funds will be programmed to support 
and strengthen the capacity of Afghan public 
and private institutions and entities to reduce 
corruption and to improve transparency and ac-
countability of national, provincial and local 
governments, such as— 
(i) the High Office of Oversight; 
(ii) the Control and Audit Office; 
(iii) the Afghan Criminal Justice Task 
Force; 
(iv) the Afghan Judicial Security 
Unit; 
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•AMDT. NO. 4805 
(v) the Anti-Corruption Tribunal, and 
the Attorney General’s Anti-Corruption 
Unit; 
(vi) the training and mentoring of ju-
dicial personnel; 
(vii) the training and mentoring of Af-
ghan Government personnel in financial 
management, budgeting, and independent 
oversight of public funds; and 
(viii) Afghan civil society organiza-
tions and media institutions that play an 
important role in government oversight. 
(D) Representatives of Afghan national, 
provincial or local governments, local commu-
nities and civil society organizations, as appro-
priate, will be consulted and participate in the 
design of programs, projects, and activities, in-
cluding participation in implementation and 
oversight, and the development of specific 
benchmarks to measure progress and outcomes. 
(E) Funds will be used to train and deploy 
additional United States Government direct-hire 
personnel to improve monitoring and control of 
assistance to ensure that funds are used for the 
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1406 
•AMDT. NO. 4805 
intended purpose and do not support illicit and/ 
or corrupt activities. 
(F) A framework and methodology is being 
utilized to assess national, provincial, local and 
sector level fiduciary risks relating to public fi-
nancial management of United States Govern-
ment assistance. 
(2) DIRECT GOVERNMENT-TO-GOVERNMENT AS-
SISTANCE.— 
(A) Funds appropriated or otherwise made 
available by this Act for assistance for Afghani-
stan may not be made available for direct gov-
ernment-to-government assistance unless the 
Secretary of State certifies to the Committees 
on Appropriations that the relevant Afghan im-
plementing agency has been assessed and con-
sidered qualified to manage such funds and the 
Government of the United States and the Gov-
ernment of Afghanistan have agreed, in writing, 
to clear and achievable goals and objectives for 
the use of such funds, and have established 
mechanisms within each implementing agency 
to ensure that such funds are used for the pur-
poses for which they were intended: Provided, 
That the Secretary of State should suspend any 
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•AMDT. NO. 4805 
direct government-to-government assistance to 
an implementing agency if the Secretary has 
credible information of misuse of such funds by 
any such agency: Provided further, That any 
such assistance shall be subject to prior con-
sultation with, and the regular notification pro-
cedures of, the Committees on Appropriations. 
(B) Funds appropriated or otherwise made 
available by this Act for assistance for Afghani-
stan may be made available as a United States 
contribution to the Afghanistan Reconstruction 
Trust Fund (ARTF) unless the Secretary of 
State determines and reports to the Committees 
on Appropriations that the World Bank Moni-
toring Agent of the ARTF is unable to conduct 
its financial control and audit responsibilities 
due to restrictions on security personnel by the 
Government of Afghanistan. 
(3) ASSISTANCE AND OPERATIONS.— 
(A) Funds appropriated under the head-
ings ‘‘Economic Support Fund’’ and ‘‘Inter-
national Narcotics Control and Law Enforce-
ment’’ in this Act that are available for assist-
ance for Afghanistan— 
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•AMDT. NO. 4805 
(i) shall be made available, to the 
maximum extent practicable, in a manner 
that emphasizes the participation of Af-
ghan women, and directly improves the se-
curity, economic and social well-being, and 
political status, and protects the rights of, 
Afghan women and girls and complies with 
sections 7060 and 7061 of this Act, includ-
ing support for the Afghan Independent 
Human Rights Commission, the Afghan 
Ministry of Women’s Affairs, and women- 
led nongovernmental organizations. 
(ii) may be made available for a 
United States contribution to an inter-
nationally-managed fund to support the 
reconciliation with and disarmament, de-
mobilization and reintegration into Afghan 
society of former combatants who have re-
nounced violence against the Government 
of Afghanistan: Provided, That funds may 
be made available to support reconciliation 
and reintegration activities only if: (1) Af-
ghan women are participating at national, 
provincial and local levels of government in 
the design, policy formulation and imple-
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•AMDT. NO. 4805 
mentation of the reconciliation or re-
integration process, and such process up-
holds steps taken by the Government of 
Afghanistan to protect the internationally 
recognized human rights of Afghan women; 
and (2) such funds will not be used to sup-
port any pardon or immunity from pros-
ecution, or any position in the Government 
of Afghanistan or security forces, for any 
leader of an armed group responsible for 
crimes against humanity, war crimes, or 
other violations of internationally recog-
nized human rights; 
(iii) may be made available for a 
United States contribution to the North 
Atlantic Treaty Organization/International 
Security Assistance Force Post-Operations 
Humanitarian Relief Fund; and 
(iv) should be made available, not-
withstanding any provision of law that re-
stricts assistance to foreign countries, for 
cross border stabilization and development 
programs between Afghanistan and Paki-
stan or between either country and the 
Central Asian republics. 
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•AMDT. NO. 4805 
(B) Programs and activities funded under 
titles III and IV of this Act that provide train-
ing for foreign police, judicial, and military per-
sonnel shall address, where appropriate, gender- 
based violence. 
(C) The authority contained in section 
1102(c) of Public Law 111–32 shall continue in 
effect during fiscal year 2011 and shall apply 
as if part of this Act. 
(D) The Coordinator for Rule of Law at 
the United States Embassy in Kabul, Afghani-
stan shall be consulted on the use of all funds 
appropriated by this Act for rule of law pro-
grams in Afghanistan. 
(E) None of the funds made available by 
this Act may be used by the United States Gov-
ernment to enter into a permanent basing 
rights agreement between the United States 
and Afghanistan. 
(F) The Secretary of State, after consulta-
tion with the USAID Administrator, shall sub-
mit to the Committees on Appropriations not 
later than 45 days after enactment of this Act, 
and prior to the initial obligation of funds, a 
detailed spending plan for assistance for Af-
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1411 
•AMDT. NO. 4805 
ghanistan which shall include clear and achiev-
able goals, benchmarks for measuring progress, 
and expected results: Provided, That such plan 
shall not be considered as meeting the notifica-
tion requirements under section 7015 of this 
Act or under section 634A of the Foreign As-
sistance Act of 1961. 
(G) Any significant modification to the 
scope, objectives or implementation mechanisms 
of United States assistance programs in Af-
ghanistan shall be subject to prior consultation 
with, and the regular notification procedures of, 
the Committees on Appropriations, except that 
the prior consultation requirement may be 
waived in a manner consistent with section 
7015(e) of this Act. 
(4) OVERSIGHT.— 
(A) The Special Inspector General for Af-
ghanistan Reconstruction, the Inspector Gen-
eral of the Department of State and the Inspec-
tor General of USAID, shall jointly develop and 
submit to the Committees on Appropriations 
within 45 days of enactment of this Act a co-
ordinated audit and inspection plan of United 
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•AMDT. NO. 4805 
States assistance for, and civilian operations in, 
Afghanistan. 
(B) Of the funds appropriated in this Act 
under the heading ‘‘Economic Support Fund’’ 
for assistance for Afghanistan, $3,000,000 shall 
be transferred to, and merged with, funds made 
available under the heading ‘‘Office of Inspector 
General’’ in title I of this Act, for increased 
oversight of programs in Afghanistan and shall 
be in addition to funds otherwise available for 
such purposes: Provided, That $1,500,000 shall 
be for the Special Inspector General for Af-
ghanistan Reconstruction. 
(C) Of the funds appropriated in this Act 
under the heading ‘‘Economic Support Fund’’ 
for assistance for Afghanistan, $1,500,000 shall 
be transferred to, and merged with, funds ap-
propriated under the heading ‘‘Office of Inspec-
tor General’’ in title II of this Act for increased 
oversight of programs in Afghanistan and shall 
be in addition to funds otherwise available for 
such purposes. 
(5) MODIFICATION TO PRIOR PROVISIONS.— 
(A) Section 1004(c)(1)(C) of Public Law 
111–212 is amended to read as follows: 
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1413 
•AMDT. NO. 4805 
‘‘(C) taking credible steps to protect the 
internationally recognized human rights of Af-
ghan women.’’. 
(B) Section 1004(d)(1) of Public Law 
111–212 is amended to read as follows: 
‘‘(1) Afghan women are participating at na-
tional, provincial and local levels of government in 
the design, policy formulation and implementation of 
the reconciliation or reintegration process, and such 
process upholds steps taken by the Government of 
Afghanistan to protect the internationally recognized 
human rights of Afghan women; and.’’. 
(C) Section 1004(e)(1) of Public Law 111– 
212 is amended to read as follows: 
‘‘(1) based on information available to the Sec-
retary, the Independent Electoral Commission has 
no members or other employees who participated in, 
or helped to cover up, acts of fraud in the 2009 
presidential election in Afghanistan, and the Elec-
toral Complaints Commission is a genuinely inde-
pendent body with all the authorities that were in-
vested in it under Afghan law as of December 31, 
2009.’’.’’. 
(b) NEPAL.— 
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1414 
•AMDT. NO. 4805 
(1) Funds appropriated by this Act under the 
headings ‘‘Foreign Military Financing Program’’ 
and ‘‘Peacekeeping Operations’’ may be made avail-
able for assistance for Nepal only if the Secretary of 
State certifies to the Committees on Appropriations 
that the Nepal Army is— 
(A) cooperating fully with investigations 
and prosecutions by civilian judicial authorities 
of 
violations 
of 
internationally 
recognized 
human rights, including the 2004 murder of 
Maina Sunuwar; and 
(B) working constructively to redefine the 
Nepal Army’s mission and adjust its size ac-
cordingly, 
implement 
reforms 
including 
strengthening the capacity of the civilian min-
istry of defense to improve budget transparency 
and accountability, and facilitate the integration 
of former rebel combatants into the security 
forces including the Nepal Army, consistent 
with the goals of reconciliation, peace and sta-
bility. 
(2) The conditions in paragraph (1) shall not 
apply to assistance for humanitarian relief and re-
construction activities in Nepal. 
(c) PAKISTAN.— 
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1415 
•AMDT. NO. 4805 
(1) IN GENERAL.—Funds appropriated by this 
Act that are available for assistance for Pakistan 
shall be made available, to the maximum extent 
practicable, in a manner that utilizes Pakistani enti-
ties and directly improves the security, economic and 
social well-being of Pakistani women and girls. 
(2) DIRECT GOVERNMENT-TO-GOVERNMENT AS-
SISTANCE.—Funds appropriated by this Act for as-
sistance for Pakistan may be made available for di-
rect government-to-government assistance only if the 
Secretary of State certifies to the Committees on 
Appropriations that the Government of the United 
States and the Government of Pakistan have agreed, 
in writing, to clear and achievable goals and objec-
tives for the use of such funds, and have established 
mechanisms within each implementing agency to en-
sure that such funds are used for the purposes for 
which they were intended: Provided, That the Sec-
retary of State should suspend any direct govern-
ment-to-government assistance to an implementing 
agency if the Secretary has credible information of 
misuse of such funds by any such agency: Provided 
further, That funds made available pursuant to this 
subparagraph shall be subject to prior consultation 
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1416 
•AMDT. NO. 4805 
with, and the regular notification procedures of, the 
Committees on Appropriations. 
(3) CROSS
BORDER
ASSISTANCE.—Funds ap-
propriated under the heading ‘‘Economic Support 
Fund’’ in this Act for assistance for Pakistan should 
be provided notwithstanding any provision of law 
that restricts assistance to foreign countries for 
cross border stabilization and development programs 
between Afghanistan and Pakistan or between either 
country and the Central Asian republics. 
(4) INFRASTRUCTURE
PROJECTS.—Funds ap-
propriated under the heading ‘‘Economic Support 
Fund’’ in this Act that are made available for assist-
ance for infrastructure projects in Pakistan shall be 
implemented in a manner consistent with section 
507(6) of the Trade Act of 1974 (19 U.S.C. 
2467(6)). 
(5) HUMAN RIGHTS.— 
(A) Funds appropriated under the head-
ings ‘‘Foreign Military Financing Program’’ 
and ‘‘Pakistan Counterinsurgency Capability 
Fund’’ in this Act that are available for assist-
ance for Pakistan shall be made available— 
(i) in a manner that promotes 
unimpeded access by humanitarian organi-
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1417 
•AMDT. NO. 4805 
zations to detainees, internally displaced 
persons, and other Pakistani civilians ad-
versely affected by the conflict; and 
(ii) in accordance with section 620M 
of the Foreign Assistance Act of 1961, as 
amended by this Act. 
(B) Funds appropriated under the heading 
‘‘Economic Support Fund’’ in this Act for as-
sistance for Pakistan shall be made available 
through the Bureau of Democracy, Human 
Rights and Labor, Department of State, for 
human rights programs in Pakistan, including 
training of government officials and security 
forces, and assistance for human rights organi-
zations. 
(6) CHIEF OF MISSION.—Of the funds appro-
priated under the heading ‘‘Economic Support 
Fund’’ in this Act for assistance for Pakistan, up to 
$10,000,000 may be made available to the Chief of 
Mission to address unanticipated humanitarian and 
conflict related needs: Provided, That such funds 
shall be subject to prior consultation with, and the 
regular notification procedures of, the Committees 
on Appropriations, except that the prior consultation 
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1418 
•AMDT. NO. 4805 
requirement may be waived in a manner consistent 
with section 7015(e) of this Act. 
(7) SPENDING PLAN.—The Secretary of State, 
in consultation with the Administrator of the United 
States Agency for International Development, shall 
submit to the Committees on Appropriations not 
later than 45 days after enactment of this Act, and 
prior to the initial obligation of funds, a detailed 
spending plan for assistance for Pakistan which 
shall include clear and achievable goals, benchmarks 
for measuring progress, and expected results: Pro-
vided, That such plan shall not be considered as 
meeting the notification requirements under section 
7015 of this Act or under section 634A of the For-
eign Assistance Act of 1961. 
(8) MODIFICATION TO PROGRAM.—Any signifi-
cant modification to the scope, objectives or imple-
mentation mechanisms of United States assistance 
programs in Pakistan shall be subject to prior con-
sultation with, and the regular notification proce-
dures of, the Committees on Appropriations, except 
that the prior consultation requirement may be 
waived if it is determined that failure to do so would 
pose a substantial risk to human health or welfare: 
Provided, That in case of any such waiver, notifica-
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1419 
•AMDT. NO. 4805 
tion to the Committees on Appropriations shall be 
provided as early as practicable, but in no event 
later than 3 days after taking the action to which 
such consultation requirement was applicable. 
(d) SRI LANKA.— 
(1) Funds appropriated in title III of this Act 
that are available for assistance for Sri Lanka shall 
be made available for programs that promote rec-
onciliation between ethnic Sinhalese and Tamil pop-
ulations, support post-conflict reconstruction, and 
advance the participation of Tamils and other mi-
norities in the political and economic life of the 
country, and shall be subject to the regular notifica-
tion procedures of the Committees on Appropria-
tions. 
(2) None of the funds appropriated by this Act 
under the heading ‘‘Foreign Military Financing Pro-
gram’’ may be made available for assistance for Sri 
Lanka, no defense export license may be issued, and 
no military equipment or technology shall be sold or 
transferred to Sri Lanka pursuant to the authorities 
contained in this Act or any other Act, unless the 
Secretary of State certifies to the Committees on 
Appropriations that the Government of Sri Lanka 
is— 
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1420 
•AMDT. NO. 4805 
(A) investigating alleged violations of inter-
nationally recognized human rights and inter-
national humanitarian law by government 
forces and the Liberation Tigers of Tamil 
Eelam, including the assassination of Lasantha 
Wickrematunge; 
(B) bringing to justice individuals who 
have been credibly alleged to have committed 
such violations; 
(C) supporting and cooperating with any 
United Nations advisory panel or investigation 
of alleged violations of international humani-
tarian law; 
(D) respecting due process and the rights 
of its citizens to peaceful expression and asso-
ciation; 
(E) providing access to detainees and con-
flict-affected areas and populations by humani-
tarian organizations; and 
(F) implementing policies to promote rec-
onciliation and justice including devolution of 
power as provided for in the Constitution of Sri 
Lanka. 
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1421 
•AMDT. NO. 4805 
(3) Paragraph (2) shall not apply to assistance 
for humanitarian demining and aerial and maritime 
surveillance. 
(4) If the Secretary makes the certification re-
quired in paragraph (2), funds appropriated under 
the heading ‘‘Foreign Military Financing Program’’ 
that are made available for assistance for Sri Lanka 
should be used to support the recruitment and train-
ing of Tamils into the Sri Lankan military, Tamil 
language training for Sinhalese military personnel, 
and human rights training for all military personnel. 
(5) The Secretary of the Treasury shall instruct 
the United States executive directors of the inter-
national financial institutions to vote against any 
loan, agreement, or other financial support for Sri 
Lanka except to meet basic human needs, unless the 
Secretary of State certifies to the Committees on 
Appropriations that the Government of Sri Lanka is 
meeting the requirements in paragraph (2)(E) and 
(F) of this subsection. 
ENTERPRISE FUNDS 
SEC. 7072. (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-
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1471 
•AMDT. NO. 4805 
vided further, That such study shall include an evaluation 
of the amount of training controllers should receive at the 
Academy: Provided further, That not later than March 31 
of each fiscal year hereafter, the Administrator of the Fed-
eral Aviation Administration shall transmit to Congress 
an annual update to the report submitted to Congress in 
December 2004 pursuant to section 221 of Public Law 
108–176: Provided further, That the amount herein appro-
priated shall be reduced by $100,000 for each day after 
March 31 that such report has not been submitted to the 
Congress: Provided further, That not later than March 31 
of each fiscal year hereafter, the Administrator shall 
transmit to Congress a companion report that describes 
a comprehensive strategy for staffing, hiring, and training 
flight standards and aircraft certification staff in a format 
similar to the one utilized for the controller staffing plan, 
including stated attrition estimates and numerical hiring 
goals by fiscal year, and a benchmark for assessing the 
amount of time aviation inspectors spend directly observ-
ing industry field operations: Provided further, That the 
amount herein appropriated shall be reduced by $100,000 
per day for each day after March 31 that such report has 
not been submitted to Congress: Provided further, That 
funds may be used to enter into a grant agreement with 
a nonprofit standard-setting organization to assist in the 
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1517 
•AMDT. NO. 4805 
under section 5315 of title 49, United States Code, and 
$7,000,000 is available for university transportation cen-
ters program under section 5506 of title 49, United States 
Code: Provided further, That $44,076,000 is available to 
carry out national research programs under sections 5312, 
5313, 5314, and 5322 of title 49, United States Code: 
Provided further, That of the funds available to carry out 
section 5312 of title 49, United States Code, $5,000,000 
shall be available to the Secretary to develop standards 
for asset management plans, provide technical assistance 
to recipients engaged in the development or implementa-
tion of an asset management plan, improve data collection 
through the National Transit Database, and conduct a 
pilot program designed to identify the best practices of 
asset management. 
CAPITAL INVESTMENT GRANTS 
For necessary expenses to carry out section 5309 of 
title 49, United States Code, $1,850,000,000, to remain 
available until expended, of which no less than 
$200,000,000 is for section 5309(e) of such title. 
(RESCISSION) 
Of the amounts appropriated for Capital Investment 
Grants in Public Law 111–117, $25,830,000 are re-
scinded. 
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