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Maoist threat, but deplores the violations of human
rights by the RNA.
(3) Funds appropriated under the heading ‘‘For-
eign Military Financing Program’’ may be made
available for assistance for Nepal only if the Sec-
retary of State certifies to the Committees on Appro-
priations that the Government of Nepal, including its
security forces:
(A) has released all political detainees, in-
cluding those detained before February 1, 2005;
(B) has restored civil liberties, including
due process under law, freedoms of speech, the
press and association, and the right of move-
ment;
(C) has demonstrated, through dialogue
with Nepal’s political parties, a commitment to
a clear timetable for the return to multi-party,
democratic government consistent with the 1990
Nepalese Constitution;
(D) is ensuring that the Commission for In-
vestigation of Abuse of Authority is receiving
adequate support to effectively implement its
anti-corruption mandate and that no other anti-
corruption body is functioning in violation of
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the 1990 Nepalese Constitution or international
standards of due process;
(E) has determined the number of and is
complying with habeas corpus orders issued by
Nepal’s Supreme Court and appellate courts, in-
cluding all outstanding orders, and the security
forces are respecting these orders;
(F) is restoring the independence of the Na-
tional Human Rights Commission of Nepal
(NHRC) in accordance with constitutional pro-
visions, including providing adequate funding
and staff;
(G) is granting civilian prosecutors and ju-
dicial authorities, the NHRC, the Office of the
United Nations High Commissioner for Human
Rights in Nepal, and international humani-
tarian 
organizations, 
unannounced 
and
unimpeded access to all detainees, witnesses, rel-
evant documents, and other requested informa-
tion, and is cooperating with these entities to
identify and resolve all security related cases in-
volving persons in government custody; and
(H) is taking effective steps to (i) ensure
that Nepalese security forces comply with the Ge-
neva Convention on Law of Land Warfare; (ii)
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end torture, extrajudicial killings, and other
gross violations of human rights; and (iii) pros-
ecute and punish, in a manner proportional to
the crime, members of such forces who are re-
sponsible for such violations.
(4) The Secretary of State may waive the re-
quirements of paragraph (3) if the Secretary certifies
to the Committees on Appropriations that to do so is
in the national security interests of the United States.
UNITED NATIONS DEVELOPMENT PROGRAM IN BURMA
SEC. 6085. (a) Notwithstanding any other provision
of law, of the funds appropriated in any title of this Act,
an amount equal to the amount the United Nations Devel-
opment Program will spend in Burma (including all pro-
grams and activities administered by the United Nations
Development Program) shall be withheld until the Secretary
of State determines and reports to the Committees on Ap-
propriations that all programs and activities of the United
Nations Development Program (including all programs and
activities administered by the United Nations Development
Program) in Burma—
(1) are undertaken only through international or
private voluntary organizations that the Secretary of
State deems independent of the State Peace and De-
velopment Council (SPDC);
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(2) provide no financial, political, or military
benefit, including the provision of goods, services, or
per diems, to the SPDC or any agency or entity of,
or affiliated with, the SPDC (including the Myanmar
Maternal 
and 
Child 
Welfare 
Association, 
the
Myanmar Council of Churches, the Myanmar Medical
Association, the Myanmar Women Affairs Federation,
and the Union of Solidarity Development Associa-
tion); and
(3) are carried out only after consultation with
the leadership of the National League for Democracy.
(b) Not later than 180 days after the date of enactment
of this Act, the Secretary of State shall submit to the Com-
mittees on Appropriations a report detailing all programs
and activities of the United Nations Development Program
(including all programs and activities administered by the
United Nations Development Programs) in Burma and all
recipients and subrecipients of funds provided under such
programs and activities.
DEMOCRACY EXCEPTION
SEC. 6086. Funds appropriated for fiscal year 2005
under the headings ‘‘Economic Support Fund’’ and ‘‘Inter-
national Military Education and Training’’ may be made
available for democracy and rule of law programs and ac-
tivities, notwithstanding the provisions of section 574 of Di-
vision D of Public Law 108–447.
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UNIVERSITY PROGRAMS
SEC. 6087. Of the funds appropriated by title III of
this Act, not less than $40,000,000 shall be made available
to the Office of the Higher Education Community Liaison
in the Bureau for Economic Growth, Agriculture and Trade
of the United States Agency for International Development
and used for projects and activities of United States-based
colleges and universities: Provided, That these funds shall
be in addition to funds otherwise available under this Act
for such programs.
RESCISSION
SEC. 6088. Of the unobligated balances available under
the heading ‘‘United States-Canada Alaska Rail Commis-
sion Salaries and Expenses’’ in prior Acts making appro-
priations for the Departments of Commerce, Justice and
State, the Judiciary and related agencies, $2,000,000 is re-
scinded.
COOPERATION WITH CUBA ON COUNTER-NARCOTICS
MATTERS
SEC. 6089. (a) Subject to subsection (b), of the funds
appropriated under the heading ‘‘International Narcotics
Control and Law Enforcement’’, $5,000,000 should be made
available for the purposes of preliminary work by the De-
partment of State, or such other entity as the Secretary of
State may designate, to establish cooperation with appro-
priate agencies of the Government of Cuba on counter-nar-
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cotics matters, including matters relating to cooperation,
coordination, and mutual assistance in the interdiction of
illicit drugs being transported through Cuba airspace or
over Cuba waters.
(b) The amount in subsection (a) shall not be available
if the President certifies that—
(1) Cuba does not have in place appropriate pro-
cedures to protect against the loss of innocent life in
the air and on the ground in connection with the
interdiction of illegal drugs; and
(2) there is evidence of involvement of the Gov-
ernment of Cuba in drug trafficking.
FRANCOPHONE COUNTRIES
SEC. 6090. Of the funds appropriated by title III of
this Act, not less than $5,000,000 shall be made available
for English language training programs for Vietnam, Cam-
bodia, Laos, Mali, Cote D’Ivoire, Senegal, and other
Francophone countries.
TRANSFER OF FUNDS
SEC. 6091. Of the funds appropriated in this Act
under the heading ‘‘Andean Counterdrug Initiative’’, up to
$40,000,000 shall be made available for security assistance
and nonproliferation activities in the Western Hemisphere:
Provided, That of this amount, up to $10,000,000 shall be
transferred 
to 
‘‘Nonproliferation, 
Anti-Terrorism,
Demining and Related Programs’’ for the destruction of
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man portable air defense systems, small arms, and light
weapons: Provided further, That up to $30,000,000 shall
be transferred to ‘‘Foreign Military Financing Program’’
for military and security assistance to coalition partners
in Iraq and Afghanistan.
ORGANIZED CRIME AND CORRUPTION IN CENTRAL AMERICA
SEC. 6092. (a) In addition to the amounts requested
under the heading ‘‘Economic Support Fund’’ for assistance
for Guatemala and Nicaragua in fiscal year 2006, not less
than $5,000,000 should be made available for programs and
activities to strengthen the Guatemalan Government’s capa-
bilities to combat organized crime and corruption, and not
less than $5,000,000 should be made available for media
and civil society programs and activities to combat corrup-
tion and strengthen democracy in Nicaragua.
(b) Funds made available pursuant to this section
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropria-
tions.
IRAQ
SEC. 6093. (a) Of the funds available under the head-
ing ‘‘Economic Support Fund’’ for assistance for Iraq, not
less than $10,000,000, to remain available until September
30, 2007, shall be transferred to and merged with funds ap-
propriated under the heading ‘‘Iraqi Relief and Reconstruc-
tion Fund’’ in chapter 2 of title II of P.L. 108–106 and
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shall be made available for the Marla Ruzicka Iraqi War
Victims Fund.
(b) Of the funds available under the heading ‘‘Eco-
nomic Support Fund’’ for assistance for Iraq, not less than
$1,000,000 shall be made available for programs and activi-
ties to strengthen the capacity of the Government of Iraq
to transparently manage its revenues, including oil reve-
nues, in accordance with international best practices.
NEGLECTED DISEASES
SEC. 6094. Of the funds appropriated under the head-
ing ‘‘Child Survival and Health Programs Fund’’, not less
than $30,000,000 shall be made available to establish an
Integrated Multi-Disease Control (‘‘IMDC’’) Initiative to
demonstrate the health and economic benefits of an inte-
grated response to the control of neglected diseases including
intestinal parasites, schistosomiasis, lymphatic filariasis,
onchocerciasis, trachoma and leprosy: Provided, That the
Administrator of the United States Agency for Inter-
national Development, in consultation with the Secretary
of State, should identify an appropriate multilateral mech-
anism to carry out this purpose and maximize the leverage
of the United States contribution with those of other donors:
Provided further, That the IMDC Initiative should operate
under the oversight of an Advisory Board to include rep-
resentatives from the relevant international technical non-
governmental organizations addressing the specific diseases,
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recipient countries, donor countries, the private sector,
UNICEF and the World Health Organization: Provided
further, That the Advisory Board should be authorized to
make programmatic decisions and evaluate the effectiveness
of programs: Provided further, That funds made available
pursuant to this section shall be subject to the regular notifi-
cation procedures of the Committees on Appropriations.
ORPHANS, DISPLACED AND ABANDONED CHILDREN
SEC. 6095. Of the funds appropriated under title III
of this Act, not less than $3,000,000 shall be made available
for pilot projects to improve the capacity of foreign govern-
ment agencies and nongovernmental organizations to pre-
vent abandonment, address the needs of orphans, displaced
and abandoned children and provide permanent homes
through family reunification, guardianship and domestic
adoptions.
FORENSIC ASSISTANCE
SEC. 6096. Of the funds appropriated under title III
of this Act, not less than $3,000,000 shall be made available
through the Bureau of Democracy, Human Rights and
Labor, Department of State, to support investigations, in-
cluding DNA analysis, in cases of extrajudicial killings and
child disappearances in Central and South America: Pro-
vided, That funds appropriated under this section are in
addition to funds otherwise made available for such pur-
poses.
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COORDINATOR FOR INDIGENOUS PEOPLES ISSUES
SEC. 6097. (a) After consultation with the Committees
on Appropriations and not later than 90 days after enact-
ment of this Act, the Administrator of the United States
Agency for International Development shall designate a
‘‘Coordinator for Indigenous Peoples Issues’’ whose respon-
sibilities shall include the following—
(1) consulting with representatives of indigenous
peoples organizations;
(2) ensuring that the rights and needs of indige-
nous peoples are effectively addressed in United
States Agency for International Development policies,
programs and activities;
(3) monitoring the design and implementation of
United States Agency for International Development
policies, programs and activities which directly or in-
directly affect indigenous peoples; and
(4) coordinating with other Federal agencies on
relevant issues relating to indigenous peoples.
REPROGRAMMING OF FUNDS
SEC. 6098. (a) None of the funds provided under title
I of this Act, or provided under previous appropriations
Acts to accounts under such title that remain available for
obligation or expenditure in fiscal year 2006, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
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funded by such title, shall be available for obligation or ex-
penditure through a reprogramming of funds that: (1) cre-
ates new programs; (2) eliminates a program, project, or
activity; (3) increases funds or personnel by any means for
any project or activity for which funds have been denied
or restricted; (4) relocates an office or employees; (5) reorga-
nizes or renames offices; (6) reorganizes, programs or ac-
tivities; or (7) contracts out or privatizes any functions or
activities presently performed by Federal employees; unless
the Appropriations Committees of both Houses of Congress
are notified 15 days in advance of such reprogramming of
funds.
(b) None of the funds provided under title I of this
Act, or provided under previous appropriations Acts to ac-
counts under such title that remain available for obligation
or expenditure in fiscal year 2006, or provided from any
accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by such
title, shall be available for obligation or expenditure for ac-
tivities, programs, or projects through a reprogramming of
funds in excess of $750,000 or 10 percent, whichever is less,
that: (1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general