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(c) Funds appropriated by this Act to carry out provi-
sions of section 541 of the Foreign Assistance Act of 1961
may be made available notwithstanding subsection (a).
PALESTINIAN STATEHOOD
SEC. 6055. (a) LIMITATION ON ASSISTANCE.—None of
the funds appropriated by this Act may be provided to sup-
port a Palestinian state unless the Secretary of State deter-
mines and certifies to the appropriate congressional com-
mittees that—
(1) a new leadership of a Palestinian governing
entity has been democratically elected through credible
and competitive elections;
(2) the elected governing entity of a new Pales-
tinian state—
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to
counter terrorism and terrorist financing in the
West Bank and Gaza, including the dismantling
of terrorist infrastructures;
(C) is establishing a new Palestinian secu-
rity entity that is cooperative with appropriate
Israeli and other appropriate security organiza-
tions; and
(3) the Palestinian Authority (or the governing
body of a new Palestinian state) is working with
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other countries in the region to vigorously pursue ef-
forts to establish a just, lasting, and comprehensive
peace in the Middle East that will enable Israel and
an independent Palestinian state to exist within the
context of full and normal relationships, which should
include—
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demili-
tarized zones;
(C) their right to live in peace within secure
and recognized boundaries free from threats or
acts of force;
(D) freedom of navigation through inter-
national waterways in the area; and
(E) a framework for achieving a just settle-
ment of the refugee problem.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that the newly-elected governing entity should enact a con-
stitution assuring the rule of law, an independent judici-
ary, and respect for human rights for its citizens, and
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should enact other laws and regulations assuring trans-
parent and accountable governance.
(c) WAIVER.—The President may waive subsection (a)
if he determines that it is vital to the national security in-
terests of the United States to do so.
(d) EXEMPTION.—The restriction in subsection (a)
shall not apply to assistance intended to help reform the
Palestinian Authority and affiliated institutions, or a
newly-elected governing entity, in order to help meet the
requirements of subsection (a), consistent with the provi-
sions of section 6050 of this Act (‘‘Limitation on Assistance
to the Palestinian Authority’’).
COLOMBIA
SEC. 6056. (a) DETERMINATION AND CERTIFICATION
REQUIRED.—Notwithstanding any other provision of law,
funds appropriated by this Act that are available for assist-
ance for the Colombian Armed Forces, may be made avail-
able as follows:
(1) Up to 75 percent of such funds may be obli-
gated prior to a determination and certification by
the Secretary of State pursuant to paragraph (2).
(2) Up to 12.5 percent of such funds may be obli-
gated only after the Secretary of State certifies and
reports to the appropriate congressional committees
that:
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(A) The Commander General of the Colom-
bian Armed Forces is suspending from the
Armed Forces those members, of whatever rank
who, according to the Minister of Defense or the
Procuraduria General de la Nacion, have been
credibly alleged to have committed gross viola-
tions of human rights, including extra-judicial
killings, or to have aided or abetted paramilitary
organizations.
(B) The Colombian Government is vigor-
ously investigating and prosecuting those mem-
bers of the Colombian Armed Forces, of whatever
rank, who have been credibly alleged to have
committed gross violations of human rights, in-
cluding extra-judicial killings, or to have aided
or abetted paramilitary organizations, and is
promptly punishing those members of the Colom-
bian Armed Forces found to have committed such
violations of human rights or to have aided or
abetted paramilitary organizations.
(C) The Colombian Armed Forces have
made substantial progress in cooperating with
civilian prosecutors and judicial authorities in
such cases (including providing requested infor-
mation, such as the identity of persons sus-
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pended from the Armed Forces and the nature
and cause of the suspension, and access to wit-
nesses, relevant military documents, and other
requested information).
(D) The Colombian Armed Forces have
made substantial progress in severing links (in-
cluding denying access to military intelligence,
vehicles, and other equipment or supplies, and
ceasing other forms of active or tacit coopera-
tion) at the command, battalion, and brigade
levels, with paramilitary organizations, espe-
cially in regions where these organizations have
a significant presence.
(E) The Colombian Government is disman-
tling paramilitary leadership and financial net-
works by arresting commanders and financial
backers, especially in regions where these net-
works have a significant presence.
(F) The Colombian Armed Forces are re-
specting the legal, cultural, and territorial rights
of Colombia’s indigenous communities.
(3) The balance of such funds may be obligated
after July 31, 2006, if the Secretary of State certifies
and reports to the appropriate congressional commit-
tees, after such date, that the Colombian Armed
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Forces are continuing to meet the conditions con-
tained in paragraph (2) and are conducting vigorous
operations to restore government authority and re-
spect for human rights in areas under the effective
control of paramilitary and guerrilla organizations.
(b) CONGRESSIONAL
NOTIFICATION.—Funds made
available by this Act for the Colombian Armed Forces shall
be subject to the regular notification procedures of the Com-
mittees on Appropriations.
(c) CONSULTATIVE PROCESS.—
(1) Prior to making the certifications required
by subsection (a), the Secretary of State shall consult
with the appropriate congressional committees and
with the Office of the High Commissioner for Human
Rights in Colombia regarding each of the conditions
specified in paragraphs (2)(A) through (F) of that
subsection.
(2) Not later than 60 days after the date of en-
actment of this Act, and every 90 days thereafter
until September 30, 2007, the Secretary of State shall
consult with internationally recognized human rights
organizations regarding progress in meeting the con-
ditions contained in subsection (a).
(d) DEFINITIONS.—In this section: