Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006
PL 109-102 (H.R.3057), enacted 11/14/2005

119 STAT. 2172
PUBLIC LAW 109–102—NOV. 14, 2005
Public Law 109–102
109th Congress
An Act
Making appropriations for foreign operations, export financing, and related programs
for the fiscal year ending September 30, 2006, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September
30, 2006, and for other purposes, namely:
TITLE I—EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $1,000,000, to remain available until September 30,
2007.
EXPORT-IMPORT BANK PROGRAM ACCOUNT
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 104 of the Govern-
ment Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the current
fiscal year may be used to make expenditures, contracts, or commit-
ments for the export of nuclear equipment, fuel, or technology
to any country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance under
this Act, that has detonated a nuclear explosive after the date
of the enactment of this Act: Provided further, That notwithstanding
section 1(c) of Public Law 103–428, as amended, sections 1(a) and
(b) of Public Law 103–428 shall remain in effect through October
1, 2006.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance, and
tied-aid grants as authorized by section 10 of the Export-Import
Bank Act of 1945, as amended, $100,000,000, to remain available
Termination
date.
12 USC 635 note.
Foreign
Operations,
Export
Financing, and
Related
Programs
Appropriations
Act, 2006.
Nov. 14, 2005
[H.R. 3057]
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119 STAT. 2173
PUBLIC LAW 109–102—NOV. 14, 2005
until September 30, 2009: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That such sums shall remain available until September 30, 2024,
for the disbursement of direct loans, loan guarantees, insurance
and tied-aid grants obligated in fiscal years 2006, 2007, 2008,
and 2009: Provided further, That none of the funds appropriated
by this Act or any prior Act appropriating funds for foreign oper-
ations, export financing, and related programs for tied-aid credits
or grants may be used for any other purpose except through the
regular notification procedures of the Committees on Appropria-
tions: Provided further, That funds appropriated by this paragraph
are made available notwithstanding section 2(b)(2) of the Export-
Import Bank Act of 1945, in connection with the purchase or lease
of any product by any Eastern European country, any Baltic State
or any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaran-
teed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by 5 U.S.C. 3109, and
not to exceed $30,000 for official reception and representation
expenses for members of the Board of Directors, $73,200,000: Pro-
vided, That the Export-Import Bank may accept, and use, payment
or services provided by transaction participants for legal, financial,
or technical services in connection with any transaction for which
an application for a loan, guarantee or insurance commitment has
been made: Provided further, That, notwithstanding subsection (b)
of section 117 of the Export Enhancement Act of 1992, subsection
(a) thereof shall remain in effect until October 1, 2006.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within
the limits of funds available to it and in accordance with law
as may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance pro-
grams (including an amount for official reception and representation
expenses which shall not exceed $35,000) shall not exceed
$42,274,000: Provided further, That project-specific transaction
costs, including direct and indirect costs incurred in claims settle-
ments, and other direct costs associated with services provided
to specific investors or potential investors pursuant to section 234
of the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $20,276,000, as
authorized by section 234 of the Foreign Assistance Act of 1961,
to be derived by transfer from the Overseas Private Investment
Corporation Non-Credit Account: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
Termination
date.
12 USC 635a
note.
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119 STAT. 2174
PUBLIC LAW 109–102—NOV. 14, 2005
in section 502 of the Congressional Budget Act of 1974: Provided
further, That such sums shall be available for direct loan obligations
and loan guaranty commitments incurred or made during fiscal
years 2006 and 2007: Provided further, That such sums shall remain
available through fiscal year 2014 for the disbursement of direct
and guaranteed loans obligated in fiscal year 2006, and through
fiscal year 2015 for the disbursement of direct and guaranteed
loans obligated in fiscal year 2007: Provided further, That notwith-
standing any other provision of law, the Overseas Private Invest-
ment Corporation is authorized to undertake any program author-
ized by title IV of the Foreign Assistance Act of 1961 in Iraq:
Provided further, That funds made available pursuant to the
authority of the previous proviso shall be subject to the regular
notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from
amounts available for administrative expenses to carry out the
credit and insurance programs in the Overseas Private Investment
Corporation Noncredit Account and merged with said account.
FUNDS APPROPRIATED TO THE PRESIDENT
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $50,900,000, to remain
available until September 30, 2007.
TITLE II—BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 2006, unless
otherwise specified herein, as follows:
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of chapters
1 and 10 of part I of the Foreign Assistance Act of 1961, for
child survival, health, and family planning/reproductive health
activities, in addition to funds otherwise available for such purposes,
$1,585,000,000, to remain available until September 30, 2007: Pro-
vided, That this amount shall be made available for such activities
as: (1) immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related education
programs; (4) assistance for children displaced or orphaned by
causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria,
and other infectious diseases, and for assistance to communities
severely affected by HIV/AIDS, including children displaced or
orphaned by AIDS; and (6) family planning/reproductive health:
Provided further, That none of the funds appropriated under this
Immunizations.
HIV/AIDS.
Iraq.
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119 STAT. 2175
PUBLIC LAW 109–102—NOV. 14, 2005
heading may be made available for nonproject assistance, except
that funds may be made available for such assistance for ongoing
health activities: Provided further, That of the funds appropriated
under this heading, not to exceed $350,000, in addition to funds
otherwise available for such purposes, may be used to monitor
and provide oversight of child survival, maternal and family plan-
ning/reproductive health, and infectious disease programs: Provided
further, That the following amounts should be allocated as follows:
$360,000,000 for child survival and maternal health; $30,000,000
for vulnerable children; $350,000,000 for HIV/AIDS; $220,000,000
for other infectious diseases; and $375,000,000 for family planning/
reproductive health, including in areas where population growth
threatens biodiversity or endangered species: Provided further, That
of the funds appropriated under this heading, and in addition
to funds allocated under the previous proviso, not less than
$250,000,000 shall be made available, notwithstanding any other
provision of law, except for the United States Leadership Against
HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108–
25), for a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria (the ‘‘Global Fund’’), and shall
be expended at the minimum rate necessary to make timely pay-
ment for projects and activities: Provided further, That up to 5
percent of the aggregate amount of funds made available to the
Global Fund in fiscal year 2006 may be made available to the
United States Agency for International Development for technical
assistance related to the activities of the Global Fund: Provided
further, That of the funds appropriated under this heading,
$70,000,000 should be made available for a United States contribu-
tion to The Vaccine Fund, and up to $6,000,000 may be transferred
to and merged with funds appropriated by this Act under the
heading ‘‘Operating Expenses of the United States Agency for Inter-
national Development’’ for costs directly related to international
health, but funds made available for such costs may not be derived
from amounts made available for contribution under this and pre-
ceding provisos: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior appro-
priations may be made available to any organization or program
which, as determined by the President of the United States, sup-
ports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That none
of the funds made available under this Act may be used to pay
for the performance of abortion as a method of family planning
or to motivate or coerce any person to practice abortions: Provided
further, That nothing in this paragraph shall be construed to alter
any existing statutory prohibitions against abortion under section
104 of the Foreign Assistance Act of 1961: Provided further, That
none of the funds made available under this Act may be used
to lobby for or against abortion: Provided further, That in order
to reduce reliance on abortion in developing nations, funds shall
be available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access
to, a broad range of family planning methods and services, and
that any such voluntary family planning project shall meet the
following requirements: (1) service providers or referral agents in
the project shall not implement or be subject to quotas, or other
numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
Family planning.
Abortion.
Sterilization.
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119 STAT. 2176
PUBLIC LAW 109–102—NOV. 14, 2005
planning (this provision shall not be construed to include the use
of quantitative estimates or indicators for budgeting and planning
purposes); (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B) program
personnel for achieving a numerical target or quota of total number
of births, number of family planning acceptors, or acceptors of
a particular method of family planning; (3) the project shall not
deny any right or benefit, including the right of access to participate
in any program of general welfare or the right of access to health
care, as a consequence of any individual’s decision not to accept
family planning services; (4) the project shall provide family plan-
ning acceptors comprehensible information on the health benefits
and risks of the method chosen, including those conditions that
might render the use of the method inadvisable and those adverse
side effects known to be consequent to the use of the method;
and (5) the project shall ensure that experimental contraceptive
drugs and devices and medical procedures are provided only in
the context of a scientific study in which participants are advised
of potential risks and benefits; and, not less than 60 days after
the date on which the Administrator of the United States Agency
for International Development determines that there has been a
violation of the requirements contained in paragraph (1), (2), (3),
or (5) of this proviso, or a pattern or practice of violations of
the requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations
a report containing a description of such violation and the corrective
action taken by the Agency: Provided further, That in awarding
grants for natural family planning under section 104 of the Foreign
Assistance Act of 1961 no applicant shall be discriminated against
because of such applicant’s religious or conscientious commitment
to offer only natural family planning; and, additionally, all such
applicants shall comply with the requirements of the previous pro-
viso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations, export
financing, and related programs, the term ‘‘motivate’’, as it relates
to family planning assistance, shall not be construed to prohibit
the provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That to the maximum
extent feasible, taking into consideration cost, timely availability,
and best health practices, funds appropriated in this Act or prior
appropriations Acts that are made available for condom procure-
ment shall be made available only for the procurement of condoms
manufactured in the United States: Provided further, That informa-
tion provided about the use of condoms as part of projects or
activities that are funded from amounts appropriated by this Act
shall be medically accurate and shall include the public health
benefits and failure rates of such use.
DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of sections
103, 105, 106, and sections 251 through 255, and chapter 10 of
part I of the Foreign Assistance Act of 1961, $1,524,000,000, to
remain available until September 30, 2007: Provided, That
$214,000,000 should be allocated for trade capacity building, of
which at least $20,000,000 shall be made available for labor and
environmental capacity building activities relating to the free trade
Condoms.
Non-
discrimination.
Contraceptives.
Deadline.
Reports.
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119 STAT. 2177
PUBLIC LAW 109–102—NOV. 14, 2005
agreement with the countries of Central America and the Dominican
Republic: Provided further, That $365,000,000 should be allocated
for basic education: Provided further, That of the funds appropriated
under this heading and managed by the United States Agency
for International Development Bureau of Democracy, Conflict, and
Humanitarian Assistance, not less than $15,000,000 shall be made
available only for programs to improve women’s leadership capacity
in recipient countries: Provided further, That such funds may not
be made available for construction: Provided further, That of the
funds appropriated under this heading that are made available
for assistance programs for displaced and orphaned children and
victims of war, not to exceed $42,500, in addition to funds otherwise
available for such purposes, may be used to monitor and provide
oversight of such programs: Provided further, That funds appro-
priated under this heading should be made available for programs
in sub-Saharan Africa to address sexual and gender-based violence:
Provided further, That of the aggregate amount of the funds appro-
priated by this Act that are made available for agriculture and
rural development programs, $30,000,000 should be made available
for plant biotechnology research and development: Provided further,
That not less than $2,300,000 should be made available for core
support for the International Fertilizer Development Center: Pro-
vided further, That of the funds appropriated under this heading,
not less than $20,000,000 should be made available for the Amer-
ican Schools and Hospitals Abroad program: Provided further, That
of the funds appropriated under this heading, $10,000,000 may
be made available for cooperative development programs within
the Office of Private and Voluntary Cooperation: Provided further,
That of the funds appropriated under this heading, $2,000,000
shall be made available for reconstruction and development pro-
grams in South Asia: Provided further, That funds should be made
available for activities to reduce the incidence of child marriage
in developing countries: Provided further, That of the funds appro-
priated under this heading, up to $20,000,000 should be made
available to develop clean water treatment activities in developing
countries: Provided further, That of the funds appropriated by this
Act, not less than $200,000,000 shall be made available for drinking
water supply projects and related activities, of which not less than
$50,000,000 should be made available for programs in Africa.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For necessary expenses to carry out the provisions of section
491 of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $365,000,000,
to remain available until expended, of which $20,000,000 should
be for famine prevention and relief.
TRANSITION INITIATIVES
For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $40,000,000, to remain available until
expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support
may include assistance to develop, strengthen, or preserve demo-
cratic institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided further, That
Reports.
Deadline.
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119 STAT. 2178
PUBLIC LAW 109–102—NOV. 14, 2005
the United States Agency for International Development shall
submit a report to the Committees on Appropriations at least 5
days prior to beginning a new program of assistance: Provided
further, That if the President determines that it is important to
the national interests of the United States to provide transition
assistance in excess of the amount appropriated under this heading,
up to $15,000,000 of the funds appropriated by this Act to carry
out the provisions of part I of the Foreign Assistance Act of 1961
may be used for purposes of this heading and under the authorities
applicable to funds appropriated under this heading: Provided fur-
ther, That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with the
Committees on Appropriations.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees provided by
the United States Agency for International Development, as author-
ized by sections 256 and 635 of the Foreign Assistance Act of
1961, up to $21,000,000 may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and under
the heading ‘‘Assistance for Eastern Europe and the Baltic States’’:
Provided, That such funds shall be made available only for micro
and small enterprise programs, urban programs, and other pro-
grams which further the purposes of part I of the Act: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That funds made available by this paragraph may be used for
the cost of modifying any such guaranteed loans under this Act
or prior Acts, and funds used for such costs shall be subject to
the regular notification procedures of the Committees on Appropria-
tions: Provided further, That the provisions of section 107A(d)
(relating to general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this heading:
Provided further, That these funds are available to subsidize total
loan principal, any portion of which is to be guaranteed, of up
to $700,000,000.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for Inter-
national Development, $8,000,000, which may be transferred to
and merged with the appropriation for Operating Expenses of the
United States Agency for International Development: Provided,
That funds made available under this heading shall remain avail-
able until September 30, 2008.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND
For payment to the ‘‘Foreign Service Retirement and Disability
Fund’’, as authorized by the Foreign Service Act of 1980,
$41,700,000.
Applicability.
Loans.
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119 STAT. 2179
PUBLIC LAW 109–102—NOV. 14, 2005
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $630,000,000, of which
up to $25,000,000 may remain available until September 30, 2007:
Provided, That none of the funds appropriated under this heading
and under the heading ‘‘Capital Investment Fund’’ may be made
available to finance the construction (including architect and
engineering services), purchase, or long-term lease of offices for
use by the United States Agency for International Development,
unless the Administrator has identified such proposed construction
(including architect and engineering services), purchase, or long-
term lease of offices in a report submitted to the Committees
on Appropriations at least 15 days prior to the obligation of these
funds for such purposes: Provided further, That the previous proviso
shall not apply where the total cost of construction (including
architect and engineering services), purchase, or long-term lease
of offices does not exceed $1,000,000: Provided further, That con-
tracts or agreements entered into with funds appropriated under
this heading may entail commitments for the expenditure of such
funds through fiscal year 2007: Provided further, That none of
the funds in this Act may be used to open a new overseas mission
of the United States Agency for International Development without
the prior written notification of the Committees on Appropriations:
Provided further, That the authority of sections 610 and 109 of
the Foreign Assistance Act of 1961 may be exercised by the Sec-
retary of State to transfer funds appropriated to carry out chapter
1 of part I of such Act to ‘‘Operating Expenses of the United
States Agency for International Development’’ in accordance with
the provisions of those sections.
CAPITAL INVESTMENT FUND
For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section
667 of the Foreign Assistance Act of 1961, $70,000,000, to remain
available until expended: Provided, That this amount is in addition
to funds otherwise available for such purposes: Provided further,
That funds appropriated under this heading shall be available
for obligation only pursuant to the regular notification procedures
of the Committees on Appropriations: Provided further, That of
the funds appropriated under this heading, not to exceed
$48,100,000 may be made available for the purposes of imple-
menting the Capital Security Cost Sharing Program.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $36,000,000, to remain
available until September 30, 2007, which sum shall be available
for the Office of the Inspector General of the United States Agency
for International Development.
Reports.
Deadline.
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119 STAT. 2180
PUBLIC LAW 109–102—NOV. 14, 2005
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of chapter
4 of part II, $2,634,000,000, to remain available until September
30, 2007: Provided, That of the funds appropriated under this
heading, not less than $240,000,000 shall be available only for
Israel, which sum shall be available on a grant basis as a cash
transfer and shall be disbursed within 30 days of the enactment
of this Act: Provided further, That not less than $495,000,000 shall
be available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance shall be
provided with the understanding that Egypt will undertake signifi-
cant economic and political reforms which are additional to those
which were undertaken in previous fiscal years: Provided further,
That with respect to the provision of assistance for Egypt for democ-
racy and governance activities, the organizations implementing such
assistance and the specific nature of that assistance shall not be
subject to the prior approval by the Government of Egypt: Provided
further, That of the funds appropriated under this heading for
assistance for Egypt, not less than $135,000,000 shall be made
available for project assistance, of which not less than $50,000,000
shall be made available for democracy, human rights and govern-
ance programs and not less than $50,000,000 shall be used for
education programs, of which not less than $5,000,000 shall be
made available for scholarships for disadvantaged Egyptian stu-
dents to attend American accredited institutions of higher education
in Egypt: Provided further, That of the funds appropriated under
this heading for assistance for Egypt for economic reform activities,
$227,600,000 shall be withheld from obligation until the Secretary
of State determines and reports to the Committees on Appropria-
tions that Egypt has met the calendar year 2005 benchmarks accom-
panying the ‘‘Financial Sector Reform Memorandum of Under-
standing’’ dated March 20, 2005: Provided further, That $20,000,000
of the funds appropriated under this heading should be made avail-
able for Cyprus to be used only for scholarships, administrative
support of the scholarship program, bicommunal projects, and meas-
ures aimed at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two
communities on Cyprus: Provided further, That in exercising the
authority to provide cash transfer assistance for Israel, the Presi-
dent shall ensure that the level of such assistance does not cause
an adverse impact on the total level of nonmilitary exports from
the United States to such country and that Israel enters into
a side letter agreement in an amount proportional to the fiscal
year 1999 agreement: Provided further, That of the funds appro-
priated under this heading, not less than $250,000,000 should be
made available only for assistance for Jordan: Provided further,
That of the funds appropriated under this heading that are available
for assistance for the West Bank and Gaza, not to exceed $2,000,000
may be used for administrative expenses of the United States
Agency for International Development, in addition to funds other-
wise available for such purposes, to carry out programs in the
West Bank and Gaza: Provided further, That not more than
Certification.
Afghanistan.
Poppies.
Israel.
President.
Reports.
Egypt.
Deadline.
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119 STAT. 2181
PUBLIC LAW 109–102—NOV. 14, 2005
$225,000,000 of the funds made available for assistance for Afghani-
stan under this heading may be obligated for such assistance until
the Secretary of State certifies to the Committees on Appropriations
that the Government of Afghanistan at both the national and local
level is cooperating fully with United States funded poppy eradi-
cation and interdiction efforts in Afghanistan: Provided further,
That the President may waive the previous proviso if he determines
and reports to the Committees on Appropriations that to do so
is vital to the national security interests of the United States:
Provided further, That such report shall include an analysis of
the steps being taken by the Government of Afghanistan, at the
national and local level, to cooperate fully with United States funded
poppy eradication and interdiction efforts in Afghanistan: Provided
further, That $40,000,000 of the funds appropriated under this
heading shall be made available for assistance for Lebanon, of
which not less than $6,000,000 should be made available for scholar-
ships and direct support of American educational institutions in
Lebanon: Provided further, That of the funds appropriated under
this heading that are made available for assistance for Iraq, not
less than $5,000,000 shall be transferred to and merged with funds
appropriated under the heading ‘‘Iraq Relief and Reconstruction
Fund’’ in chapter 2 of title II of Public Law 108–106 and shall
be made available for the Marla Ruzicka Iraqi War Victims Fund:
Provided further, That of the funds appropriated under this heading
that are made available for assistance for Iraq, not less than
$56,000,000 shall be made available for democracy, governance
and rule of law programs in Iraq: Provided further, That of the
funds appropriated under this heading, not less than $19,000,000
shall be made available for assistance for the Democratic Republic
of Timor-Leste, of which up to $1,000,000 may be available for
administrative expenses of the United States Agency for Inter-
national Development: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading shall
be made available for programs and activities for the Central High-
lands of Vietnam: Provided further, That funds appropriated under
this heading that are made available for a Middle East Financing
Facility, Middle East Enterprise Fund, or any other similar entity
in the Middle East shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further,
That of funds appropriated under this heading, $13,000,000 should
be made available for a United States contribution to the Special
Court for Sierra Leone: Provided further, That with respect to
funds appropriated under this heading in this Act or prior Acts
making appropriations for foreign operations, export financing, and
related programs, the responsibility for policy decisions and jus-
tifications for the use of such funds, including whether there will
be a program for a country that uses those funds and the amount
of each such program, shall be the responsibility of the Secretary
of State and the Deputy Secretary of State and this responsibility
shall not be delegated.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961, $13,500,000,
which shall be available for the United States contribution to the
International Fund for Ireland and shall be made available in
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accordance with the provisions of the Anglo-Irish Agreement Sup-
port Act of 1986 (Public Law 99–415): Provided, That such amount
shall be expended at the minimum rate necessary to make timely
payment for projects and activities: Provided further, That funds
made available under this heading shall remain available until
September 30, 2007.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $361,000,000, to remain available
until September 30, 2007, which shall be available, notwithstanding
any other provision of law, for assistance and for related programs
for Eastern Europe and the Baltic States: Provided, That of the
funds appropriated under this heading $5,000,000 should be made
available for rule of law programs for the training of judges and
prosecutors.
(b) Funds appropriated under this heading shall be considered
to be economic assistance under the Foreign Assistance Act of
1961 for purposes of making available the administrative authori-
ties contained in that Act for the use of economic assistance.
(c) The provisions of section 529 of this Act shall apply to
funds appropriated under this heading: Provided, That notwith-
standing any provision of this or any other Act, including provisions
in this subsection regarding the application of section 529 of this
Act, local currencies generated by, or converted from, funds appro-
priated by this Act and by previous appropriations Acts and made
available for the economic revitalization program in Bosnia may
be used in Eastern Europe and the Baltic States to carry out
the provisions of the Foreign Assistance Act of 1961 and the Support
for East European Democracy (SEED) Act of 1989.
(d) The President is authorized to withhold funds appropriated
under this heading made available for economic revitalization pro-
grams in Bosnia and Herzegovina, if he determines and certifies
to the Committees on Appropriations that the Federation of Bosnia
and Herzegovina has not complied with article III of annex 1–
A of the General Framework Agreement for Peace in Bosnia and
Herzegovina concerning the withdrawal of foreign forces, and that
intelligence cooperation on training, investigations, and related
activities between state sponsors of terrorism and terrorist organiza-
tions and Bosnian officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION
(a) For necessary expenses to carry out the provisions of chap-
ters 11 and 12 of part I of the Foreign Assistance Act of 1961
and the FREEDOM Support Act, for assistance for the Independent
States of the former Soviet Union and for related programs,
$514,000,000, to remain available until September 30, 2007: Pro-
vided, That the provisions of such chapters shall apply to funds
appropriated by this paragraph: Provided further, That funds made
available for the Southern Caucasus region may be used, notwith-
standing any other provision of law, for confidence-building meas-
ures and other activities in furtherance of the peaceful resolution
of the regional conflicts, especially those in the vicinity of Abkhazia
and Nagorno-Karabagh: Provided further, That notwithstanding any
Applicability.
President.
Applicability.
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other provision of law, funds appropriated under this heading in
this Act or prior Acts making appropriations for foreign operations,
export financing, and related programs, that are made available
pursuant to the provisions of section 807 of Public Law 102–511
shall be subject to a 6 percent ceiling on administrative expenses.
(b) Of the funds appropriated under this heading, not less
than $50,000,000 should be made available, in addition to funds
otherwise available for such purposes, for assistance for child sur-
vival, environmental and reproductive health, and to combat HIV/
AIDS, tuberculosis and other infectious diseases, and for related
activities.
(c) Of the funds appropriated under this heading that are
made available for assistance for Ukraine, not less than $5,000,000
should be made available for nuclear reactor safety initiatives,
and not less than $1,500,000 shall be made available for coal
mine safety programs.
(d) Of the funds appropriated under this heading, $2,500,000
shall be made available for the Business Information Service for
the Newly Independent States.
(e)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of the Russian Federa-
tion, 60 percent shall be withheld from obligation until the President
determines and certifies in writing to the Committees on Appropria-
tions that the Government of the Russian Federation—
(A) has terminated implementation of arrangements to pro-
vide Iran with technical expertise, training, technology, or
equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile capa-
bility; and
(B) is providing full access to international non-government
organizations providing humanitarian relief to refugees and
internally displaced persons in Chechnya.
(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 (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM
Support Act.
(f) Section 907 of the FREEDOM Support Act shall not apply
to—
(1) activities to support democracy or assistance 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 Foreign 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 assist-
ance 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.
President.
Certification.
Russian
Federation.
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INDEPENDENT AGENCIES
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, $19,500,000, to remain
available until September 30, 2007.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980, Public Law
96–533, $23,000,000, to remain available until September 30, 2007:
Provided, That funds made available to grantees may be invested
pending expenditure for project purposes when authorized by the
Board of Directors of the Foundation: Provided further, That interest
earned shall be used only for the purposes for which the grant
was made: Provided further, That notwithstanding section 505(a)(2)
of the African Development Foundation Act, in exceptional cir-
cumstances the Board of Directors of the Foundation may waive
the $250,000 limitation contained in that section with respect to
a project: Provided further, That the Foundation shall provide a
report to the Committees on Appropriations after each time such
waiver authority is exercised.
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), including the purchase of not to exceed
five passenger motor vehicles for administrative purposes for use
outside of the United States, $322,000,000, to remain available
until September 30, 2007: Provided, That none of the funds appro-
priated under this heading shall be used to pay for abortions:
Provided further, That the Director may transfer to the Foreign
Currency Fluctuations Account, as authorized by 22 U.S.C. 2515,
an amount not to exceed $2,000,000: Provided further, That funds
transferred pursuant to the previous proviso may not be derived
from amounts made available for Peace Corps overseas operations.
MILLENNIUM CHALLENGE CORPORATION
For necessary expenses for the ‘‘Millennium Challenge Corpora-
tion’’, $1,770,000,000 to remain available until expended: Provided,
That of the funds appropriated under this heading, up to
$75,000,000 may be available for administrative expenses of the
Millennium Challenge Corporation: Provided further, That up to
10 percent of the funds appropriated under this heading may be
made available to carry out the purposes of section 616 of the
Millennium Challenge Act of 2003 for candidate countries for fiscal
year 2006: Provided further, That none of the funds available to
carry out section 616 of such Act may be made available until
the Chief Executive Officer of the Millennium Challenge Corpora-
tion provides a report to the Committees on Appropriations listing
the candidate countries that will be receiving assistance under
section 616 of such Act, the level of assistance proposed for each
such country, a description of the proposed programs, projects and
Reports.
Abortion.
Reports.
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activities, and the implementing agency or agencies of the United
States Government: Provided further, That section 605(e)(4) of the
Millennium Challenge Act of 2003 shall apply to funds appropriated
under this heading: Provided further, That funds appropriated
under this heading may be made available for a Millennium Chal-
lenge Compact entered into pursuant to section 609 of the Millen-
nium Challenge Act of 2003 only if such Compact obligates, or
contains a commitment to obligate subject to the availability of
funds and the mutual agreement of the parties to the Compact
to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact.
DEPARTMENT OF STATE
GLOBAL HIV/AIDS INITIATIVE
For necessary expenses to carry out the provisions of the For-
eign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $1,995,000,000, to remain
available until expended, of which $200,000,000 shall be made
available, notwithstanding any other provision of law, except for
the United States Leadership Against HIV/AIDS, Tuberculosis and
Malaria Act of 2003 (Public Law 108–25) for a United States con-
tribution to the Global Fund to Fight AIDS, Tuberculosis and
Malaria, and shall be expended at the minimum rate necessary
to make timely payment for projects and activities.
DEMOCRACY FUND
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy,
governance, human rights, independent media, and the rule of
law globally, $95,000,000, to remain available until September 30,
2008: Provided, That funds appropriated under this heading shall
be made available notwithstanding any other provision of law,
and of such funds $63,200,000 shall be made available for the
Human Rights and Democracy Fund of the Bureau of Democracy,
Human Rights and Labor, Department of State, and not less than
$15,250,000 shall be made available for the National Endowment
for Democracy: Provided further, That funds appropriated under
this heading are in addition to funds otherwise available for such
purposes: Provided further, That funds made available by title
II of this Act for purposes of this section for any contract, grant,
or cooperative agreement (or any amendment to any contract, grant,
or cooperative agreement) in excess of $10,000,000 shall be subject
to the regular notification procedures of the Committees on Appro-
priations.
(b) Funds appropriated in subsection (a) should be made avail-
able for assistance for Taiwan for the purposes of furthering political
and legal reforms: Provided, That such funds shall only be made
available to the extent that they are matched from sources other
than the United States Government.
(c) Funds appropriated in subsection (a) shall be made available
for programs and activities to foster democracy, governance, 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
Applicability.
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to, deter, or prevent acts of international terrorism: Provided, That
such funds should support new initiatives and activities in those
countries: Provided further, That of the funds appropriated in sub-
section (a) $5,000,000 shall be made available for continuing pro-
grams and activities that provide professional training for journal-
ists.
(d) Notwithstanding any other provision of law, funds appro-
priated by this Act may be made available for democracy, govern-
ance, human rights, and rule of law programs for Syria and Iran:
Provided, That not less than $6,550,000 of the funds appropriated
in subsection (a) shall be made available for programs and activities
that support the advancement of democracy in Iran and Syria.
(e) Funds made available for purposes of this section that
are made available to the National Endowment for Democracy
may be made available notwithstanding any other provision of
law or regulation.
(f) Funds made available pursuant to the authority of sub-
sections (b), (c) and (d) shall be subject to the regular notification
procedures of the Committees on Appropriations.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $477,200,000, to remain available until
September 30, 2008: Provided, That during fiscal year 2006, the
Department of State may also use the authority of section 608
of the Foreign Assistance Act of 1961, without regard to its restric-
tions, to receive excess property from an agency of the United
States Government for the purpose of providing it to a foreign
country under chapter 8 of part I of that Act subject to the regular
notification procedures of the Committees on Appropriations: Pro-
vided further, That the Secretary of State shall provide to the
Committees on Appropriations not later than 45 days after the
date of the enactment of this Act and prior to the initial obligation
of funds appropriated under this heading, a report on the proposed
uses of all funds under this heading on a country-by-country basis
for each proposed program, project, or activity: Provided further,
That of the funds appropriated under this heading, not less than
$16,000,000 shall be made available for training programs and
activities of the International Law Enforcement Academies: Pro-
vided further, That $10,000,000 of the funds appropriated under
this heading should be made available for demand reduction pro-
grams: Provided further, That of the funds appropriated under
this heading, not more than $33,484,000 may be available for
administrative expenses.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the
Andean region of South America, $734,500,000, to remain available
until September 30, 2008: Provided, That in fiscal year 2006, funds
available to the Department of State for assistance to the Govern-
ment of Colombia shall be available to support a unified campaign
against narcotics trafficking, against activities by organizations des-
ignated as terrorist organizations such as the Revolutionary Armed
Forces of Colombia (FARC), the National Liberation Army (ELN),
and the United Self-Defense Forces of Colombia (AUC), and to
Deadline.
Reports.
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take actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations: Provided
further, That this authority shall cease to be effective if the Sec-
retary of State has credible evidence that the Colombian Armed
Forces are not conducting vigorous operations to restore government
authority and respect for human rights in areas under the effective
control of paramilitary and guerrilla organizations: Provided fur-
ther, That the President shall ensure that if any helicopter procured
with funds under this heading is used to aid or abet the operations
of any illegal self-defense group or illegal security cooperative, such
helicopter shall be immediately returned to the United States:
Provided further, That the Secretary of State, in consultation with
the Administrator of the United States Agency for International
Development, shall provide to the Committees on Appropriations
not later than 45 days after the date of the enactment of this
Act and prior to the initial obligation of funds appropriated under
this heading, a report on the proposed uses of all funds under
this heading on a country-by-country basis for each proposed pro-
gram, project, or activity: Provided further, That funds made avail-
able in this Act for demobilization/reintegration of members of
foreign terrorist organizations in Colombia shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That section
482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading: Provided further, That
assistance provided with funds appropriated under this heading
that is made available notwithstanding section 482(b) of the Foreign
Assistance Act of 1961 shall be made available subject to the
regular notification procedures of the Committees on Appropria-
tions: Provided further, That of the funds appropriated under this
heading that are available for alternative development/institution
building, not less than $228,772,000 shall be apportioned directly
to the United States Agency for International Development
including $131,232,000 for assistance for Colombia: Provided fur-
ther, That with respect to funds apportioned to the United States
Agency for International Development under the previous proviso,
the responsibility for policy decisions for the use of such funds,
including what activities will be funded and the amount of funds
that will be provided for each of those activities, shall be the
responsibility of the Administrator of the United States Agency
for International Development in consultation with the Assistant
Secretary of State for International Narcotics and Law Enforcement
Affairs: Provided further, That of the funds appropriated under
this heading, in addition to funds made available for judicial reform
programs in Colombia, not less than $8,000,000 shall be made
available to the United States Agency for International Develop-
ment for organizations and programs to protect human rights:
Provided further, That not more than 20 percent of the funds
appropriated by this Act that are used for the procurement of
chemicals for aerial coca and poppy fumigation programs may be
made available for such programs unless the Secretary of State
certifies to the Committees on Appropriations that: (1) the herbicide
is being used in accordance with EPA label requirements for com-
parable use in the United States and with Colombian laws; and
(2) the herbicide, in the manner it is being used, does not pose
unreasonable risks or adverse effects to humans or the environment
including endemic species: Provided further, That such funds may
Deadline.
Reports.
President.
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not be made available unless the Secretary of State certifies to
the Committees on Appropriations that complaints of harm to
health or licit crops caused by such fumigation are evaluated and
fair compensation is being paid for meritorious claims: Provided
further, That such funds may not be made available for such pur-
poses unless programs are being implemented by the United States
Agency 
for 
International 
Development, 
the 
Government 
of
Colombia, or other organizations, in consultation with local commu-
nities, to provide alternative sources of income in areas where
security permits for small-acreage growers whose illicit crops are
targeted for fumigation: Provided further, That of the funds appro-
priated under this heading, not less than $2,000,000 should be
made available for programs to protect biodiversity and indigenous
reserves in Colombia: Provided further, That funds appropriated
by this Act may be used for aerial fumigation in Colombia’s national
parks or reserves only if the Secretary of State determines that
it is in accordance with Colombian laws and that there are no
effective alternatives to reduce drug cultivation in these areas:
Provided further, That no United States Armed Forces personnel
or United States civilian contractor employed by the United States
will participate in any combat operation in connection with assist-
ance made available by this Act for Colombia: Provided further,
That funds appropriated under this heading that are made available
for assistance for the Bolivian military may be made available
for such purposes only if the Secretary of State certifies that the
Bolivian military is respecting human rights, and civilian judicial
authorities are investigating and prosecuting, with the military’s
cooperation, military personnel who have been implicated in gross
violations of human rights: Provided further, That of the funds
appropriated under this heading, not more than $19,015,000 may
be available for administrative expenses of the Department of State,
and not more than $7,800,000 may be available, in addition to
amounts otherwise available for such purposes, for administrative
expenses of the United States Agency for International Develop-
ment.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to enable
the Secretary of State to provide, as authorized by law, a contribu-
tion to the International Committee of the Red Cross, assistance
to refugees, including contributions to the International Organiza-
tion for Migration and the United Nations High Commissioner
for Refugees, and other activities to meet refugee and migration
needs; salaries and expenses of personnel and dependents as author-
ized by the Foreign Service Act of 1980; allowances as authorized
by sections 5921 through 5925 of title 5, United States Code;
purchase and hire of passenger motor vehicles; and services as
authorized by section 3109 of title 5, United States Code,
$791,000,000, to remain available until expended: Provided, That
not more than $23,000,000 may be available for administrative
expenses: Provided further, That not less than $40,000,000 of the
funds made available under this heading shall be made available
for refugees from the former Soviet Union and Eastern Europe
and other refugees resettling in Israel: Provided further, That funds
appropriated under this heading may be made available for a head-
quarters contribution to the International Committee of the Red
Cross only if the Secretary of State determines (and so reports
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to the appropriate committees of Congress) that the Magen David
Adom Society of Israel is not being denied participation in the
activities of the International Red Cross and Red Crescent Move-
ment: Provided further, That funds appropriated under this heading
should be made available to develop effective responses to protracted
refugee situations, including the development of programs to assist
long-term refugee populations within and outside traditional camp
settings that support refugees living or working in local commu-
nities such as integration of refugees into local schools and services,
resource conservation projects and other projects designed to
diminish conflict between refugee hosting communities and refu-
gees, and encouraging dialogue among refugee hosting communities,
the United Nations High Commissioner for Refugees, and inter-
national and nongovernmental refugee assistance organizations to
promote the rights to which refugees are entitled under the Conven-
tion Relating to the Status of Refugees of July 28, 1951 and the
Protocol Relating to the Status of Refugees, done at New York
January 31, 1967.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
FUND
For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962, as
amended (22 U.S.C. 2601(c)), $30,000,000, to remain available until
expended.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $410,100,000, to
carry out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of
part II of the Foreign Assistance Act of 1961, section 504 of the
FREEDOM Support Act, section 23 of the Arms Export Control
Act or the Foreign Assistance Act of 1961 for demining activities,
the clearance of unexploded ordnance, the destruction of small
arms, and related activities, notwithstanding any other provision
of law, including activities implemented through nongovernmental
and international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the Inter-
national Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Pre-
paratory Commission: Provided, That of this amount not to exceed
$37,500,000, to remain available until expended, may be made
available for the Nonproliferation and Disarmament Fund, notwith-
standing any other provision of law, to promote bilateral and multi-
lateral activities relating to nonproliferation and disarmament: Pro-
vided further, That such funds may also be used for such countries
other than the Independent States of the former Soviet Union
and international organizations when it is in the national security
interest of the United States to do so: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of State
determines (and so reports to the Congress) that Israel is not
being denied its right to participate in the activities of that Agency:
Provided further, That of the funds made available for demining
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PUBLIC LAW 109–102—NOV. 14, 2005
and related activities, not to exceed $705,000, in addition to funds
otherwise available for such purposes, may be used for administra-
tive expenses related to the operation and management of the
demining program: Provided further, That funds appropriated under
this heading that are available for ‘‘Anti-terrorism Assistance’’ and
‘‘Export Control and Border Security’’ shall remain available until
September 30, 2007.
DEPARTMENT OF THE TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $20,000,000, to remain
available until September 30, 2008, which shall be available not-
withstanding any other provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as
the President may determine, for which funds have been appro-
priated or otherwise made available for programs within the Inter-
national Affairs Budget Function 150, including the cost of selling,
reducing, or canceling amounts owed to the United States as a
result of concessional loans made to eligible countries, pursuant
to parts IV and V of the Foreign Assistance Act of 1961, of modifying
concessional credit agreements with least developed countries, as
authorized under section 411 of the Agricultural Trade Development
and Assistance Act of 1954, as amended, of concessional loans,
guarantees and credit agreements, as authorized under section
572 of the Foreign Operations, Export Financing, and Related Pro-
grams Appropriations Act, 1989 (Public Law 100–461), and of can-
celing amounts owed, as a result of loans or guarantees made
pursuant to the Export-Import Bank Act of 1945, by countries
that are eligible for debt reduction pursuant to title V of H.R.
3425 as enacted into law by section 1000(a)(5) of Public Law 106–
113, $65,000,000, to remain available until September 30, 2008:
Provided, That not less than $20,000,000 of the funds appropriated
under this heading shall be made available to carry out the provi-
sions of part V of the Foreign Assistance Act of 1961: Provided
further, That amounts paid to the HIPC Trust Fund may be used
only to fund debt reduction under the enhanced HIPC initiative
by—
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State has
credible evidence that the government of such country is engaged
in a consistent pattern of gross violations of internationally recog-
nized human rights or in military or civil conflict that undermines
its ability to develop and implement measures to alleviate poverty
and to devote adequate human and financial resources to that
end: Provided further, That on the basis of final appropriations,
the Secretary of the Treasury shall consult with the Committees
on Appropriations concerning which countries and international
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financial institutions are expected to benefit from a United States
contribution to the HIPC Trust Fund during the fiscal year: Pro-
vided further, That the Secretary of the Treasury shall inform
the Committees on Appropriations not less than 15 days in advance
of the signature of an agreement by the United States to make
payments to the HIPC Trust Fund of amounts for such countries
and institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction through
the HIPC Trust Fund only for the benefit of countries that—
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ‘‘enclave’’ loans;
and
(2) have documented and demonstrated their commitment
to redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote eco-
nomic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of section
411 of the Agricultural Trade Development and Assistance Act
of 1954 shall not apply to funds appropriated under this heading:
Provided further, That none of the funds made available under
this heading in this or any other appropriations Act shall be made
available for Sudan or Burma unless the Secretary of the Treasury
determines and notifies the Committees on Appropriations that
a democratically elected government has taken office.
TITLE III—MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $86,744,000, of which
up to $3,000,000 may remain available until expended: Provided,
That the civilian personnel for whom military education and
training may be provided under this heading may include civilians
who are not members of a government whose participation would
contribute to improved civil-military relations, civilian control of
the military, or respect for human rights: Provided further, That
funds appropriated under this heading for military education and
training for Guatemala may only be available for expanded inter-
national military education and training, and funds made available
for Haiti, the Democratic Republic of the Congo, and Nigeria may
only be provided through the regular notification procedures of
the Committees on Appropriations.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control
Act, $4,500,000,000: Provided, That of the funds appropriated under
this heading, not less than $2,280,000,000 shall be available for
grants only for Israel, and not less than $1,300,000,000 shall be
Notification.
Notification.
Deadline.
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made available for grants only for Egypt: Provided further, That
the funds appropriated by this paragraph for Israel shall be dis-
bursed within 30 days of the enactment of this Act: Provided further,
That to the extent that the Government of Israel requests that
funds be used for such purposes, grants made available for Israel
by this paragraph shall, as agreed by Israel and the United States,
be available for advanced weapons systems, of which not less than
$595,000,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development: Provided further, That of the funds appropriated by
this paragraph, $210,000,000 shall be made available for assistance
for Jordan: Provided further, That funds appropriated or otherwise
made available by this paragraph shall be nonrepayable notwith-
standing any requirement in section 23 of the Arms Export Control
Act: Provided further, That funds made available under this para-
graph shall be obligated upon apportionment in accordance with
paragraph (5)(C) of title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurements
has first signed an agreement with the United States Government
specifying the conditions under which such procurements may be
financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided further,
That none of the funds appropriated under this heading shall be
available for assistance for Sudan and Guatemala: Provided further,
That none of the funds appropriated under this heading may be
made available for assistance for Haiti except pursuant to the
regular notification procedures of the Committees on Appropria-
tions: Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of law,
for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through non-
governmental and international organizations: Provided further,
That only those countries for which assistance was justified for
the ‘‘Foreign Military Sales Financing Program’’ in the fiscal year
1989 congressional presentation for security assistance programs
may utilize funds made available under this heading for procure-
ment of defense articles, defense services or design and construction
services that are not sold by the United States Government under
the Arms Export Control Act: Provided further, That funds appro-
priated under this heading shall be expended at the minimum
rate necessary to make timely payment for defense articles and
services: Provided further, That not more than $42,500,000 of the
funds appropriated under this heading may be obligated for nec-
essary expenses, including the purchase of passenger motor vehicles
for replacement only for use outside of the United States, for the
general costs of administering military assistance and sales: Pro-
vided further, That not more than $373,000,000 of funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department of
Defense during fiscal year 2006 pursuant to section 43(b) of the
Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Israel.
Deadline.
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Committees on Appropriations: Provided further, That foreign mili-
tary financing program funds estimated to be outlayed for Egypt
during fiscal year 2006 shall be transferred to an interest bearing
account for Egypt in the Federal Reserve Bank of New York within
30 days of enactment of this Act.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $175,000,000: Provided,
That none of the funds appropriated under this heading shall be
obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
TITLE IV—MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global Environment
Facility, $80,000,000 to the International Bank for Reconstruction
and Development as trustee for the Global Environment Facility
(GEF), by the Secretary of the Treasury, to remain available until
expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $950,000,000, to remain available
until expended.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE
AGENCY
For payment to the Multilateral Investment Guarantee Agency
by the Secretary of the Treasury, $1,300,000, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Multilateral Investment
Guarantee Agency may subscribe without fiscal year limitation
to the callable capital portion of the United States share of such
capital in an amount not to exceed $8,126,527.
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION
For payment to the Inter-American Investment Corporation
by the Secretary of the Treasury, $1,741,515, to remain available
until expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS
MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United
States contribution to the fund, $1,741,515, to remain available
until expended.
Egypt.
Deadline.
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CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $100,000,000, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary
of the Treasury, $3,638,000, for the United States paid-in share
of the increase in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable capital
portion of the United States share of such capital stock in an
amount not to exceed $88,333,855.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African Development
Fund, $135,700,000, to remain available until expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND
DEVELOPMENT
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $1,015,677 for the
United States share of the paid-in portion of the increase in capital
stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of such capital stock in an amount not to exceed $2,249,888.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL
DEVELOPMENT
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund for
Agricultural Development, $15,000,000, to remain available until
expended.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, and of section 2 of
the United Nations Environment Program Participation Act of 1973,
$329,458,000: Provided, That none of the funds appropriated under
this heading may be made available to the International Atomic
Energy Agency (IAEA).
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TITLE V—GENERAL PROVISIONS
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO
INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 501. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while the
United States Executive Director to such institution is compensated
by the institution at a rate which, together with whatever com-
pensation such Director receives from the United States, is in
excess of the rate provided for an individual occupying a position
at level IV of the Executive Schedule under section 5315 of title
5, United States Code, or while any alternate United States Director
to such institution is compensated by the institution at a rate
in excess of the rate provided for an individual occupying a position
at level V of the Executive Schedule under section 5316 of title
5, United States Code.
(b) For purposes of this section ‘‘international financial institu-
tions’’ are: the International Bank for Reconstruction and Develop-
ment, the Inter-American Development Bank, the Asian Develop-
ment Bank, the Asian Development Fund, the African Development
Bank, the African Development Fund, the International Monetary
Fund, the North American Development Bank, and the European
Bank for Reconstruction and Development.
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS
AGENCIES
SEC. 502. None of the funds appropriated by this Act may
be made available to pay any voluntary contribution of the United
States to the United Nations (including the United Nations Develop-
ment Program) if the United Nations implements or imposes any
taxation on any United States persons.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made available pursuant
to this Act, not to exceed $100,500 shall be for official residence
expenses of the United States Agency for International Development
during the current fiscal year: Provided, That appropriate steps
shall be taken to assure that, to the maximum extent possible,
United States-owned foreign currencies are utilized in lieu of dol-
lars.
UNOBLIGATED BALANCES REPORT
SEC. 504. Any Department or Agency to which funds are appro-
priated or otherwise made available by this Act shall provide to
the Committees on Appropriations a quarterly accounting by pro-
gram, project, and activity of the funds received by such Department
or Agency in this fiscal year or any previous fiscal year that remain
unobligated and unexpended.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made available pursuant
to this Act, not to exceed $250,000 shall be available for representa-
tion and entertainment allowances, of which not to exceed $2,500
shall be available for entertainment allowances, for the United
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States Agency for International Development during the current
fiscal year: Provided, That no such entertainment funds may be
used for the purposes listed in section 548 of this Act: Provided
further, That appropriate steps shall be taken to assure that, to
the maximum extent possible, United States-owned foreign cur-
rencies are utilized in lieu of dollars: Provided further, That of
the funds made available by this Act for general costs of admin-
istering military assistance and sales under the heading ‘‘Foreign
Military Financing Program’’, not to exceed $4,000 shall be available
for entertainment expenses and not to exceed $130,000 shall be
available for representation allowances: Provided further, That of
the funds made available by this Act under the heading ‘‘Inter-
national Military Education and Training’’, not to exceed $55,000
shall be available for entertainment allowances: Provided further,
That of the funds made available by this Act for the Inter-American
Foundation, not to exceed $2,000 shall be available for entertain-
ment and representation allowances: Provided further, That of the
funds made available by this Act for the Peace Corps, not to
exceed a total of $4,000 shall be available for entertainment
expenses: Provided further, That of the funds made available by
this Act under the heading ‘‘Trade and Development Agency’’, not
to exceed $4,000 shall be available for representation and entertain-
ment allowances: Provided further, That of the funds made available
by this Act under the heading ‘‘Millennium Challenge Corporation’’,
not to exceed $115,000 shall be available for representation and
entertainment allowances.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
SEC. 506. (a) PROHIBITION ON TAXATION.—None of the funds
appropriated by this Act may be made available to provide assist-
ance for a foreign country under a new bilateral agreement gov-
erning the terms and conditions under which such assistance is
to be provided unless such agreement includes a provision stating
that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate amendments
to existing bilateral agreements, as necessary, to conform with
this requirement.
(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equiva-
lent to 200 percent of the total taxes assessed during fiscal year
2006 on funds appropriated by this Act by a foreign government
or entity against commodities financed under United States assist-
ance programs for which funds are appropriated by this Act, either
directly or through grantees, contractors and subcontractors shall
be withheld from obligation from funds appropriated for assistance
for fiscal year 2007 and allocated for the central government of
such country and for the West Bank and Gaza Program to the
extent that the Secretary of State certifies and reports in writing
to the Committees on Appropriations that such taxes have not
been reimbursed to the Government of the United States.
(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection (b).
(d) REPROGRAMMING OF FUNDS.—Funds withheld from obliga-
tion for each country or entity pursuant to subsection (b) shall
be reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
Certification.
Reports.
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arrangement that is providing substantial reimbursement of such
taxes.
(e) DETERMINATIONS.—
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines—
(A) does not assess taxes on United States assistance
or which has an effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States
outweigh the policy of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the Commit-
tees on Appropriations at least 15 days prior to exercising
the authority of this subsection with regard to any country
or entity.
(f) IMPLEMENTATION.—The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) DEFINITIONS.—As used in this section—
(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added
taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds
are appropriated by this Act; and
(2) the term ‘‘bilateral agreement’’ refers to a framework
bilateral agreement between the Government of the United
States and the government of the country receiving assistance
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally,
or an individual agreement between the Government of the
United States and such government that describes, among other
things, the treatment for tax purposes that will be accorded
the United States assistance provided under that agreement.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, Libya, North
Korea, Iran, or Syria: Provided, That for purposes of this section,
the prohibition on obligations or expenditures shall include direct
loans, credits, insurance and guarantees of the Export-Import Bank
or its agents: Provided further, That for purposes of this section,
the prohibition shall not include activities of the Overseas Private
Investment Corporation in Libya: Provided further, That the
prohibition shall not include direct loans, credits, insurance and
guarantees made available by the Export-Import Bank or its agents
for or in Libya.
MILITARY COUPS
SEC. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to the government of any country
whose duly elected head of government is deposed by military
coup or decree: Provided, That assistance may be resumed to such
President.
Certification.
Regulations.
Deadline.
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PUBLIC LAW 109–102—NOV. 14, 2005
government if the President determines and certifies to the Commit-
tees on Appropriations that subsequent to the termination of assist-
ance a democratically elected government has taken office: Provided
further, That the provisions of this section shall not apply to assist-
ance to promote democratic elections or public participation in
democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
TRANSFERS
SEC. 509. (a)(1) LIMITATION ON TRANSFERS BETWEEN AGEN-
CIES.—None of the funds made available by this Act may be trans-
ferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other appropriation
Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds appropriated
by this Act to carry out the purposes of the Foreign Assistance
Act of 1961 may be allocated or transferred to agencies of the
United States Government pursuant to the provisions of sections
109, 610, and 632 of the Foreign Assistance Act of 1961.
(b) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made
available by this Act may be obligated under an appropriation
account to which they were not appropriated, except for transfers
specifically provided for in this Act, unless the President, not less
than 5 days prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds, consults
with and provides a written policy justification to the Committees
on Appropriations of the House of Representatives and the Senate.
(c) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for
the transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United States
Government under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of law, shall
expressly provide that the Office of the Inspector General for the
agency receiving the transfer or allocation of such funds shall
perform periodic program and financial audits of the use 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. 510. 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 provide financing to Israel, Egypt
and NATO and major non-NATO allies for the procurement by
leasing (including leasing 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 policy or national
security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
President.
Deadline.
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PUBLIC LAW 109–102—NOV. 14, 2005
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act: Pro-
vided, That funds appropriated 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 Export Control Act, and funds provided under the heading
‘‘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 otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That,
notwithstanding 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. 512. No part of any appropriation contained in this Act
shall be used to furnish assistance to the government 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 government 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. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and 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 produc-
tion 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 capacity 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 Assistance Act
of 1961 shall be available for any testing or breeding feasibility
study, variety improvement or introduction, consultancy, publica-
tion, conference, or training in connection with the growth or
production in a foreign country of an agricultural commodity for
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export which would compete with a similar commodity grown or
produced in the United States: Provided, That this subsection shall
not prohibit—
(1) activities designed to increase food security in devel-
oping countries where such activities will not have a significant
impact on the export of agricultural commodities of the United
States; or
(2) research activities intended primarily to benefit Amer-
ican producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-Amer-
ican Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corpora-
tion, the North American Development Bank, the European Bank
for Reconstruction and Development, the African Development
Bank, and the African Development Fund to use the voice and
vote of the United States to oppose any assistance by these institu-
tions, 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.
NOTIFICATION REQUIREMENTS
SEC. 515. For the purposes of providing the executive branch
with the necessary administrative flexibility, none of the funds
made available under this Act for ‘‘Child Survival and Health
Programs 
Fund’’, 
‘‘Development 
Assistance’’, 
‘‘International
Organizations and Programs’’, ‘‘Trade and Development Agency’’,
‘‘International Narcotics 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 Initia-
tive’’, ‘‘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-terrorism, Demining
and Related Programs’’, ‘‘Millennium Challenge Corporation’’ (by
country only), ‘‘Foreign Military Financing Program’’, ‘‘International
Military Education and Training’’, ‘‘Peace Corps’’, and ‘‘Migration
and Refugee Assistance’’, shall be available for obligation for activi-
ties, programs, projects, type of materiel assistance, countries, or
other operations not justified or in excess of the amount justified
to the Committees on Appropriations for obligation under any of
these specific headings unless the Committees on Appropriations
of both Houses of Congress 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
President.
22 USC 262h
note.
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PUBLIC LAW 109–102—NOV. 14, 2005
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 reprogram-
ming for an activity, program, or project for which funds are appro-
priated under title II of this Act of less than 10 percent of the
amount previously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year: Provided
further, That the requirements of this section or any similar provi-
sion of this Act or any other Act, including any prior Act requiring
notification in accordance 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 congressional 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 pursu-
ant to such a waiver shall contain an explanation of the emergency
circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL
ORGANIZATIONS AND PROGRAMS
SEC. 516. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act
or any previously enacted Act making appropriations for foreign
operations, export financing, and related programs, which are
returned or not made available for organizations and programs
because of the implementation of section 307(a) of the Foreign
Assistance Act of 1961, shall remain available for obligation until
September 30, 2007.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
SEC. 517. (a) None of the funds appropriated under the heading
‘‘Assistance for the Independent States of the Former Soviet Union’’
shall be made available for assistance for a government 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: Provided, That such funds may be made available without
regard to the restriction in this subsection if the President deter-
mines that to do so is in the national security interest of the
United States.
(b) None of the funds appropriated under the heading ‘‘Assist-
ance 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, Kazakhstan, and Uzbekistan shall be subject
to the regular notification procedures of the Committees on Appro-
priations.
22 USC 5814
note.
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PUBLIC LAW 109–102—NOV. 14, 2005
(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 environment 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 appro-
priations Acts under the heading ‘‘Assistance for the Independent
States of the Former Soviet Union’’ and 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 Coordinator for United States Assistance to
Europe and Eurasia and the implementing agency shall encourage
the participation 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. 518. 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 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
performance of involuntary sterilization as a method of family plan-
ning 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 biomedical research which relates
in whole or in part, to methods of, or the performance of, abortions
or involuntary sterilization as a means of family planning. None
of the funds 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 abortions and involun-
tary sterilizations.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 519. Not to exceed 5 percent of any appropriation other
than for administrative expenses made available for fiscal year
2006, for programs under title I of this Act may be transferred
between such appropriations for use for any of the purposes, pro-
grams, and activities for which the funds in such receiving account
may be used, but no such appropriation, except as otherwise specifi-
cally 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
Committees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. 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
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regular notification procedures of the Committees on Appropria-
tions.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act ‘‘program, project, and
activity’’ shall be defined at the appropriations Act account level
and shall include all appropriations and authorizations Acts ear-
marks, ceilings, and limitations with the exception that for the
following accounts: Economic Support Fund and Foreign Military
Financing Program, ‘‘program, project, and activity’’ shall also be
considered to include country, regional, and central program level
funding within each such account; 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, either as:
(1) justified to the Congress; or (2) allocated by the executive branch
in accordance with a report, to be provided 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. 522. Up to $13,500,000 of the funds made available by
this Act for assistance under the heading ‘‘Child Survival and
Health Programs Fund’’, may be used to reimburse United States
Government agencies, agencies of State governments, institutions
of higher learning, and private and voluntary organizations for
the full cost of individuals (including for the personal services
of such individuals) detailed or assigned to, or contracted by, as
the case may be, the United States Agency for International
Development for the purpose of carrying out activities under that
heading: Provided, That up to $3,500,000 of the funds made avail-
able by this Act for assistance under the heading ‘‘Development
Assistance’’ may be used to reimburse such agencies, institutions,
and organizations for such costs of such individuals carrying out
other development assistance activities: Provided further, That
funds appropriated by titles II and III 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 prevention, 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 Pro-
grams 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: Provided further, That of the funds
appropriated under title II of this Act, not less than $440,000,000
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 Survival and Health
Programs Fund’’, to include specific recommendations on improving
the effectiveness of such funds.
Audit.
HIV/AIDS.
Reports.
Deadline.
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AFGHANISTAN
SEC. 523. Of the funds appropriated by titles II and III of
this Act, not less than $931,400,000 should be made available
for humanitarian, reconstruction, and related assistance for
Afghanistan: Provided, That of the funds made available pursuant
to this section, not less than $3,000,000 should be made available
for reforestation activities: Provided further, That funds made avail-
able 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 allocated
for assistance for Afghanistan from this Act and other Acts making
appropriations for foreign operations, export financing, and related
programs for fiscal year 2006, not less than $50,000,000 should
be made available to support programs that directly address the
needs of Afghan women and girls, of which not less than $7,500,000
shall be made available for grants to support training and equip-
ment to improve the capacity of women-led Afghan nongovern-
mental organizations and to support the activities of such organiza-
tions: 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 organizations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 524. 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 committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accord-
ance with the regular notification procedures of such Committees
if such defense articles are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or are
valued (in terms of original acquisition 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.
HIV/AIDS
SEC. 525. (a) Notwithstanding any other provision of this Act,
20 percent of the funds that are appropriated by this Act for
a contribution to support the Global Fund to Fight AIDS, Tuber-
culosis and Malaria (the ‘‘Global Fund’’) shall be withheld from
obligation to the Global Fund until the Secretary of State certifies
to the Committees on Appropriations that the Global Fund—
(1) has established clear progress indicators upon which
to determine the release of incremental disbursements;
(2) is releasing such incremental disbursements only if
progress is being made based on those indicators; and
Certification.
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PUBLIC LAW 109–102—NOV. 14, 2005
(3) is providing support and oversight to country-level enti-
ties, such as country coordinating mechanisms, principal recipi-
ents, and local Fund agents, to enable them to fulfill their
mandates.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on Appropria-
tions that such waiver is important to the national interest of
the United States.
BURMA
SEC. 526. (a) The Secretary of the Treasury shall instruct
the United States executive director to each appropriate inter-
national financial institution in which the United States partici-
pates, to oppose and vote against the extension by such institution
of any loan or financial or technical assistance or any other utiliza-
tion of funds of the respective bank to and for Burma.
(b) Of the funds appropriated under the heading ‘‘Economic
Support Fund’’, not less than $11,000,000 shall be made available
to support democracy activities in Burma, along the Burma-Thai-
land border, for activities of Burmese student groups and other
organizations located outside Burma, and for the purpose of sup-
porting the provision of humanitarian assistance to displaced Bur-
mese along Burma’s borders: Provided, That funds made available
under this heading may be made available notwithstanding any
other provision of law: Provided further, That in addition to assist-
ance for Burmese refugees provided under the heading ‘‘Migration
and Refugee Assistance’’ in this Act, not less than $3,000,000 shall
be made available for assistance for community-based organizations
operating in Thailand to provide food, medical and other humani-
tarian assistance to internally displaced persons in eastern Burma:
Provided further, That funds made available under this section
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(c) The President shall include amounts expended by the Global
Fund to Fight AIDS, Tuberculosis and Malaria to the State Peace
and Development Council in Burma, directly or through groups
and organizations affiliated with the Global Fund, in making deter-
minations regarding the amount to be withheld by the United
States from its contribution to the Global Fund pursuant to section
202(d)(4)(A)(ii) of Public Law 108–25.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
SEC. 527. (a) Funds appropriated for bilateral assistance 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 individual
or group which has committed an act of international terrorism;
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a)
to a country if the President determines that national security
or humanitarian reasons justify such waiver. The President shall
publish each waiver in the Federal Register and, at least 15 days
President.
Federal Register,
publication.
Deadline.
Notification.
President.
President.
50 USC 1701
note.
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before the waiver takes effect, shall notify the Committees on Appro-
priations of the waiver (including the justification for the waiver)
in accordance with the regular notification procedures of the
Committees on Appropriations.
DEBT-FOR-DEVELOPMENT
SEC. 528. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development 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
provided under title II of this Act and, subject to the regular
notification procedures of the Committees on Appropriations, any
interest earned on such investment shall be used for the purpose
for which the assistance was provided to that organization.
SEPARATE ACCOUNTS
SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—
(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 currencies of that
country, the Administrator of the United States Agency for
International Development shall—
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth—
(i) the amount of the local currencies to be gen-
erated; and
(ii) the terms and conditions under which the cur-
rencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for Inter-
national Development and that government to monitor and
account for deposits into and disbursements from the sepa-
rate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon
with the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only—
(A) to carry out chapter 1 or 10 of part I or chapter
4 of part II (as the case may be), for such purposes as—
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) PROGRAMMING
ACCOUNTABILITY.—The United States
Agency for International Development shall take all necessary
steps to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the separate
account established pursuant to subsection (a)(1) are used for
the purposes agreed upon pursuant to subsection (a)(2).
22 USC 2362
note.
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PUBLIC LAW 109–102—NOV. 14, 2005
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termi-
nation of assistance to a country under chapter 1 or 10 of
part I or chapter 4 of part II (as the case may be), any
unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be disposed
of for such purposes as may be agreed to by the government
of that country and the United States Government.
(5) REPORTING REQUIREMENT.—The Administrator of the
United States Agency for International Development shall
report on an annual basis as part of the justification documents
submitted to the Committees on Appropriations on the use
of local currencies for the administrative requirements of the
United States Government as authorized in subsection (a)(2)(B),
and such report shall include the amount of local currency
(and United States dollar equivalent) used and/or to be used
for such purpose in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) If assistance is made available to the government of
a foreign country, under chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate
account and not commingle them with any other funds.
(2) APPLICABILITY
OF
OTHER
PROVISIONS
OF
LAW.—Such
funds may be obligated and expended notwithstanding provi-
sions of law which are inconsistent with the nature of this
assistance including provisions which are referenced in the
Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No.
98–1159).
(3) NOTIFICATION.—At least 15 days prior to obligating
any such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the assist-
ance (including, as appropriate, a description of the economic
policy reforms that will be promoted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds may
be exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.
ENTERPRISE FUND RESTRICTIONS
SEC. 530. (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 Commit-
tees on Appropriations, in accordance with the regular notification
procedures of the Committees on Appropriations, a plan for the
distribution of the assets of the Enterprise Fund.
(b) Funds made available by this Act for Enterprise Funds
shall be expended at the minimum rate necessary to make timely
payment for projects and activities.
President.
President.
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FINANCIAL MARKET ASSISTANCE IN TRANSITION COUNTRIES
SEC. 531. Of the funds appropriated by this Act under the
headings ‘‘Trade and Development Agency’’, ‘‘Development Assist-
ance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘Inter-
national Affairs Technical Assistance’’, ‘‘Assistance for the Inde-
pendent States of the Former Soviet Union’’, ‘‘Nonproliferation,
Anti-terrorism, Demining and Related Programs’’, and ‘‘Assistance
for Eastern Europe and Baltic States’’, not less than $40,000,000
should be made available for building capital markets and financial
systems in countries in transition.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION
AND AFRICAN DEVELOPMENT FOUNDATION
SEC. 532. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior
Acts authorizing or making appropriations for foreign operations,
export financing, and related programs, shall not be construed
to prohibit activities authorized by or conducted under the Peace
Corps Act, the Inter-American Foundation Act or the African
Development Foundation Act. The agency shall promptly report
to the Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country for
which assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 533. None of the funds appropriated by this Act may
be obligated or expended to provide—
(1) any financial incentive to a business enterprise cur-
rently located in the United States for the purpose of inducing
such an enterprise to relocate outside the United States if
such incentive or inducement is likely to reduce the number
of employees of such business enterprise in the United States
because United States production is being replaced by such
enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale enter-
prise, and smallholder agriculture.
SPECIAL AUTHORITIES
SEC. 534. (a) AFGHANISTAN, IRAQ, PAKISTAN, LEBANON, MONTE-
NEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED
BURMESE.—Funds appropriated by this Act that are made available
for assistance for Afghanistan may be made available notwith-
standing section 512 of this Act or any similar provision of law
and section 660 of the Foreign Assistance Act of 1961, and funds
appropriated in titles I and II of this Act that are made available
for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war,
displaced children, and displaced Burmese, and to assist victims
Reports.
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of trafficking in persons and, subject to the regular notification
procedures of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding any other provi-
sion of law.
(b) TROPICAL
FORESTRY
AND
BIODIVERSITY
CONSERVATION
ACTIVITIES.—Funds appropriated by this Act to carry out the provi-
sions of sections 103 through 106, and chapter 4 of part II, of
the Foreign Assistance Act of 1961 may be used, notwithstanding
any other provision of law, for the purpose of supporting tropical
forestry and biodiversity conservation activities and energy pro-
grams aimed at reducing greenhouse gas emissions: Provided, That
such assistance shall be subject to sections 116, 502B, and 620A
of the Foreign Assistance Act of 1961.
(c) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part II,
and section 667 of the Foreign Assistance Act of 1961, and title
II of the Agricultural Trade Development and Assistance Act of
1954, may be used by the United States Agency for International
Development to employ up to 25 personal services contractors in
the United States, notwithstanding any other provision of law,
for the purpose of providing direct, interim support for new or
expanded overseas programs and activities managed by the agency
until permanent direct hire personnel are hired and trained: Pro-
vided, That not more than 10 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds appro-
priated to carry out title II of the Agricultural Trade Development
and Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(d)(1) WAIVER.—The President may waive the provisions of
section 1003 of Public Law 100–204 if the President determines
and certifies in writing to the Speaker of the House of Representa-
tives and the President pro tempore of the Senate that it is impor-
tant to the national security interests of the United States.
(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to paragraph (1) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(e) SMALL BUSINESS.—In entering into multiple award indefi-
nite-quantity contracts with funds appropriated by this Act, the
United States Agency for International Development may provide
an exception to the fair opportunity process for placing task orders
under such contracts when the order is placed with any category
of small or small disadvantaged business.
(f) VIETNAMESE REFUGEES.—Section 594(a) of the Foreign Oper-
ations, Export Financing, and Related Programs Appropriations
Act, 2005 (enacted as division D of Public Law 108–447; 118 Stat.
3038) is amended by striking ‘‘and 2005’’ and inserting ‘‘through
2007’’.
(g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from insta-
bility.
(h) WORLD FOOD PROGRAM.—Of the funds managed by the
Bureau for Democracy, Conflict, and Humanitarian Assistance of
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PUBLIC LAW 109–102—NOV. 14, 2005
the United States Agency for International Development, from this
or any other Act, not less than $10,000,000 shall be made available
as a general contribution to the World Food Program, notwith-
standing any other provision of law.
(i) UNIVERSITY PROGRAMS.—Notwithstanding any other provi-
sion of law, of the funds appropriated under the heading ‘‘Develop-
ment Assistance’’ in this Act, up to $5,000,000 shall be made avail-
able to American educational institutions for programs and activi-
ties in the People’s Republic of China relating to the environment,
democracy, and the rule of law: Provided, That funds made available
pursuant to this authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(j) EXTENSION OF AUTHORITY.—
(1) With respect to funds appropriated by this Act that
are available for assistance for Pakistan, the President may
waive the prohibition on assistance contained in section 508
of this Act subject to the requirements contained in section
1(b) of Public Law 107–57, as amended, for a determination
and certification, and consultation, by the President prior to
the exercise of such waiver authority.
(2) Section 512 of this Act and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply with respect to assistance
for Pakistan from funds appropriated by this Act.
(3) Notwithstanding the date contained in section 6 of
Public Law 107–57, as amended, the provisions of sections
2 and 4 of that Act shall remain in effect through the current
fiscal year.
(k) MIDDLE EAST FOUNDATION.—Of the funds appropriated by
this Act under the heading ‘‘Economic Support Fund’’ that are
available for the Middle East Partnership Initiative, up to
$35,000,000 may be made available, including as an endowment,
notwithstanding any other provision of law and following consulta-
tions with the Committees on Appropriations, to establish and
operate a Middle East Foundation, or any other similar entity,
whose purpose is to support democracy, governance, human rights,
and the rule of law in the Middle East region: Provided, That
such funds may be made available to the Foundation only to the
extent that the Foundation has commitments from sources other
than the United States Government to at least match the funds
provided under the authority of this subsection: Provided further,
That provisions contained in section 201 of the Support for East
European Democracy (SEED) Act of 1989 (excluding the authoriza-
tions of appropriations provided in subsection (b) of that section)
shall be deemed to apply to any such foundation or similar entity
referred to under this subsection, and to funds made available
to such entity, in order to enable it to provide assistance for pur-
poses of this section: Provided further, That prior to the initial
obligation of funds for any such foundation or similar entity pursu-
ant to the authorities of this subsection, other than for administra-
tive support, the Secretary of State shall take steps to ensure,
on an ongoing basis, that any such funds made available pursuant
to such authorities are not provided to or through any individual
or group that the management of the foundation or similar entity
knows or has reason to believe, advocates, plans, sponsors, or other-
wise engages in terrorist activities: Provided further, That section
530 of this Act shall apply to any such foundation or similar
entity established pursuant to this subsection: Provided further,
Termination
date.
Applicability.
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That the authority of the Foundation, or any similar entity, to
provide assistance shall cease to be effective on September 30,
2010.
(l) EXTENSION OF AUTHORITY.—(1) Section 21(h)(1)(A) of the
Arms Export Control Act (22 U.S.C. 2761(h)(1)(A)) is amended
by inserting after ‘‘North Atlantic Treaty Organization’’ the fol-
lowing: ‘‘or the Governments of Australia, New Zealand, Japan,
or Israel’’.
(2) Section 21(h)(2) of the Arms Export Control Act (22
U.S.C. 2761(h)(2)) is amended by striking ‘‘or to any member
government that Organization if that Organization or member
government’’ and inserting the following: ‘‘, to any member
of that Organization, or to the Governments of Australia, New
Zealand, Japan, or Israel if that Organization, member govern-
ment, or the Governments of Australia, New Zealand, Japan,
or Israel’’.
(3) Section 541 of the Foreign Assistance Act of 1961 (22
U.S.C. 2347) is amended—
(A) in the first sentence, by striking ‘‘The President’’
and inserting ‘‘(a) The President’’; and
(B) by adding at the end the following new subsection:
‘‘(b) The President shall seek reimbursement for military edu-
cation and training furnished under this chapter from countries
using assistance under section 23 of the Arms Export Control
Act (22 U.S.C. 2763, relating to the Foreign Military Financing
Program) to purchase such military education and training at a
rate comparable to the rate charged to countries receiving grant
assistance for military education and training under this chapter.’’.
(m) EXTENSION
OF
AUTHORITY.—The Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990
(Public Law 101–167) is amended—
(1) in section 599D (8 U.S.C. 1157 note)—
(A) in subsection (b)(3), by striking ‘‘and 2005’’ and
inserting ‘‘2005, and 2006’’; and
(B) in subsection (e), by striking ‘‘2005’’ each place
it appears and inserting ‘‘2006’’; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ‘‘2005’’ and inserting ‘‘2006’’.
ARAB LEAGUE BOYCOTT OF ISRAEL
SEC. 535. It is the sense of the Congress that—
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly termi-
nated, and the Central Office for the Boycott of Israel imme-
diately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and
find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
President.
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(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott
of Israel, including those to encourage allies and trading part-
ners of the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing businesses
that do comply.
ELIGIBILITY FOR ASSISTANCE
SEC. 536. (a) ASSISTANCE
THROUGH
NONGOVERNMENTAL
ORGANIZATIONS.—Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, and from funds
appropriated under the heading ‘‘Assistance for Eastern Europe
and the Baltic States’’: Provided, That before using the authority
of this subsection to furnish assistance in support of programs
of nongovernmental organizations, the President shall notify the
Committees on Appropriations under the regular notification proce-
dures of those committees, including a description of the program
to be assisted, the assistance to be provided, and the reasons
for furnishing such assistance: Provided further, That nothing in
this subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained
in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 2006, restrictions con-
tained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Pro-
vided, That none of the funds appropriated to carry out title I
of such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates inter-
nationally recognized human rights.
RESERVATIONS OF FUNDS
SEC. 537. (a) Funds appropriated by this Act which are ear-
marked may be reprogrammed for other programs within the same
account notwithstanding the earmark if compliance with the ear-
mark is made impossible by operation of any provision of this
or any other Act: Provided, That any such reprogramming shall
be subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made available
under the same terms and conditions as originally provided.
President.
Notification.
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(b) In addition to the authority contained in subsection (a),
the original period of availability of funds appropriated by this
Act and administered by the United States Agency for International
Development that are earmarked for particular programs or activi-
ties by this or any other Act shall be extended for an additional
fiscal year if the Administrator of such agency determines and
reports promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant change in
circumstances makes it unlikely that such earmarked funds can
be obligated during the original period of availability: Provided,
That such earmarked funds that are continued available for an
additional fiscal year shall be obligated only for the purpose of
such earmark.
CEILINGS AND EARMARKS
SEC. 538. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or otherwise
made available by any subsequent Act unless such Act specifically
so directs. Earmarks or minimum funding requirements contained
in any other Act shall not be applicable to funds appropriated
by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 539. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the
United States not authorized before the date of the enactment
of this Act by the Congress: Provided, That not to exceed $25,000
may be made available to carry out the provisions of section 316
of Public Law 96–533.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 540. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance Act
of 1961, may be used to pay in whole or in part any assessments,
arrearages, or dues of any member of the United Nations or, from
funds appropriated by this Act to carry out chapter 1 of part
I of the Foreign Assistance Act of 1961, the costs for participation
of another country’s delegation at international conferences held
under the auspices of multilateral or international organizations.
NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION
SEC. 541. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upon timely request any docu-
ment, file, or record necessary to the auditing requirements of
the United States Agency for International Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EX-
PORT
LETHAL
MILITARY
EQUIPMENT
TO
COUNTRIES
SUPPORTING
INTERNATIONAL TERRORISM
SEC. 542. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign govern-
ment which provides lethal military equipment to a country the
government of which the Secretary of State has determined is
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PUBLIC LAW 109–102—NOV. 14, 2005
a terrorist government for purposes of section 6(j) of the Export
Administration Act of 1979. The prohibition under this section
with respect to a foreign government shall terminate 12 months
after that government ceases to provide such military equipment.
This section applies with respect to lethal military equipment pro-
vided under a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines
that furnishing such assistance is important to the national
interests of the United States.
(c) Whenever the waiver authority of subsection (b) is exercised,
the President shall submit to the appropriate congressional commit-
tees a report with respect to the furnishing of such assistance.
Any such report shall include a detailed explanation of the assist-
ance to be provided, including the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL
PROPERTY TAXES OWED BY FOREIGN COUNTRIES
SEC. 543. (a) Subject to subsection (c), of the funds appropriated
by this Act that are made available for assistance for a foreign
country, an amount equal to 110 percent of the total amount of
the unpaid fully adjudicated parking fines and penalties and unpaid
property taxes owed by the central government of such country
shall be withheld from obligation for assistance for the central
government of such country until the Secretary of State submits
a certification to the appropriate congressional committees stating
that such parking fines and penalties and unpaid property taxes
are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a)
may be made available for other programs or activities funded
by this Act, after consultation with and subject to the regular
notification procedures of the appropriate congressional committees,
provided that no such funds shall be made available for assistance
for the central government of a foreign country that has not paid
the total amount of the fully adjudicated parking fines and penalties
and unpaid property taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to parking fines and penalties
no sooner than 60 days from the date of enactment of this Act,
or at any time with respect to a particular country, if the Secretary
determines that it is in the national interests of the United States
to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property taxes
if the Secretary of State determines that it is in the national
interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of the
waiver authority in subsection (d), the Secretary of State, after
consultations with the City of New York, shall submit a report
to the Committees on Appropriations describing a strategy,
including a timetable and steps currently being taken, to collect
the parking fines and penalties and unpaid property taxes and
Deadline.
Reports.
Certification.
President.
Reports.
Applicability.
Termination
date.
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119 STAT. 2215
PUBLIC LAW 109–102—NOV. 14, 2005
interest owed by nations receiving foreign assistance under this
Act.
(f) In this section:
(1) The term ‘‘appropriate congressional committees’’ means
the Committee on Appropriations of the Senate and the Com-
mittee on Appropriations of the House of Representatives.
(2) The term ‘‘fully adjudicated’’ includes circumstances
in which the person to whom the vehicle is registered—
(A)(i) has not responded to the parking violation sum-
mons; or
(ii) has not followed the appropriate adjudication proce-
dure to challenge the summons; and
(B) the period of time for payment of or challenge
to the summons has lapsed.
(3) The term ‘‘parking fines and penalties’’ means parking
fines and penalties—
(A) owed to—
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997, through
September 30, 2005.
(4) The term ‘‘unpaid property taxes’’ means the amount
of unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against
such country by a court of the United States or any State
or subdivision thereof.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND
GAZA
SEC. 544. None of the funds appropriated by this Act may
be obligated for assistance for the Palestine Liberation Organization
for the West Bank and Gaza unless the President has exercised
the authority under section 604(a) of the Middle East Peace Facilita-
tion Act of 1995 (title VI of Public Law 104–107) or any other
legislation to suspend or make inapplicable section 307 of the For-
eign Assistance Act of 1961 and that suspension is still in effect:
Provided, That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act of 1995
or to suspend the prohibition under other legislation, funds appro-
priated by this Act may not be obligated for assistance for the
Palestine Liberation Organization for the West Bank and Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 545. If the President determines that doing so will con-
tribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may
direct a drawdown pursuant to section 552(c) of the Foreign Assist-
ance Act of 1961 of up to $30,000,000 of commodities and services
for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security
Council or such other tribunals or commissions as the Council
may establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section shall
be in lieu of any determinations otherwise required under section
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119 STAT. 2216
PUBLIC LAW 109–102—NOV. 14, 2005
552(c): Provided further, That the drawdown made under this sec-
tion for any tribunal shall not be construed as an endorsement
or precedent for the establishment of any standing or permanent
international criminal tribunal or court: Provided further, That
funds made available for tribunals other than Yugoslavia, Rwanda,
or the Special Court for Sierra Leone shall be made available
subject to the regular notification procedures of the Committees
on Appropriations.
LANDMINES
SEC. 546. Notwithstanding any other provision of law, demining
equipment available to the United States Agency for International
Development and the Department of State and used in support
of the clearance of landmines and unexploded ordnance for humani-
tarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the President
may prescribe.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
SEC. 547. None of the funds appropriated by this Act may
be obligated or expended to create in any part of Jerusalem a
new office of any department or agency of the United States Govern-
ment for the purpose of conducting official United States Govern-
ment business with the Palestinian Authority over Gaza and Jericho
or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That meetings
between officers and employees of the United States and officials
of the Palestinian Authority, or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of Principles,
for the purpose of conducting official United States Government
business with such authority should continue to take place in loca-
tions other than Jerusalem. As has been true in the past, officers
and employees of the United States Government may continue
to meet in Jerusalem on other subjects with Palestinians (including
those who now occupy positions in the Palestinian Authority), have
social contacts, and have incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 548. None of the funds appropriated or otherwise made
available by this Act under the heading ‘‘International Military
Education and Training’’ or ‘‘Foreign Military Financing Program’’
for Informational Program activities or under the headings ‘‘Child
Survival and Health Programs Fund’’, ‘‘Development Assistance’’,
and ‘‘Economic Support Fund’’ may be obligated or expended to
pay for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substan-
tially of a recreational character, including but not limited
to entrance fees at sporting events, theatrical and musical
productions, and amusement parks.
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HAITI
SEC. 549. (a) Of the funds appropriated by this Act, the fol-
lowing amounts shall be made available for assistance for Haiti—
(1) $20,000,000 from ‘‘Child Survival and Health Programs
Fund’’;
(2) $30,000,000 from ‘‘Development Assistance’’;
(3) $50,000,000 from ‘‘Economic Support Fund’’;
(4) $15,000,000 from ‘‘International Narcotics Control and
Law Enforcement’’;
(5) $1,000,000 from ‘‘Foreign Military Financing Program’’;
and
(6) $215,000 from ‘‘International Military Education and
Training’’.
(b) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the Coast Guard.
(c) None of the funds made available in this Act under the
heading ‘‘International Narcotics Control and Law Enforcement’’
may be used to transfer excess weapons, ammunition or other
lethal property of an agency of the United States Government
to the Government of Haiti for use by the Haitian National Police
until the Secretary of State certifies to the Committees on Appro-
priations 
that: 
(1) 
the 
United 
Nations 
Mission 
in 
Haiti
(MINUSTAH) has carried out the vetting of the senior levels of
the Haitian National Police and has ensured that those credibly
alleged to have committed serious crimes, including drug trafficking
and human rights violations, have been suspended; and (2) the
Transitional Haitian National Government is cooperating in a
reform and restructuring plan for the Haitian National Police and
the reform of the judicial system as called for in United Nations
Security Council Resolution 1608 adopted on June 22, 2005.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
SEC. 550. (a) PROHIBITION OF FUNDS.—None of the funds appro-
priated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated
or expended with respect to providing funds to the Palestinian
Authority.
(b) WAIVER.—The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker of
the House of Representatives and the President pro tempore of
the Senate that waiving such prohibition is important to the
national security interests of the United States.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) REPORT.—Whenever the waiver authority pursuant to sub-
section (b) is exercised, the President shall submit a report to
the Committees on Appropriations detailing the steps the Pales-
tinian Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure. The report shall also
include a description of how funds will be spent and the accounting
procedures in place to ensure that they are properly disbursed.
President.
Termination
date.
President.
Certification.
Certification.
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LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 551. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign country
if the Secretary of State has credible evidence that such unit has
committed gross violations of human rights, unless the Secretary
determines and reports to the Committees on Appropriations that
the government of such country is taking effective measures to
bring the responsible members of the security forces unit to justice:
Provided, That nothing in this section shall be construed to withhold
funds made available by this Act from any unit of the security
forces of a foreign country not credibly alleged to be involved in
gross violations of human rights: Provided further, That in the
event that funds are withheld from any unit pursuant to this
section, the Secretary of State shall promptly inform the foreign
government of the basis for such action and shall, to the maximum
extent practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security forces
to justice.
FOREIGN MILITARY TRAINING REPORT
SEC. 552. The annual foreign military training report required
by section 656 of the Foreign Assistance Act of 1961 shall be
submitted by the Secretary of Defense and the Secretary of State
to the Committees on Appropriations of the House of Representa-
tives and the Senate by the date specified in that section.
AUTHORIZATION REQUIREMENT
SEC. 553. Funds appropriated by this Act, except funds appro-
priated under the headings ‘‘Trade and Development Agency’’,
‘‘Overseas Private Investment Corporation’’, and ‘‘Global HIV/AIDS
Initiative’’, may be obligated and expended notwithstanding section
10 of Public Law 91–672 and section 15 of the State Department
Basic Authorities Act of 1956.
CAMBODIA
SEC. 554. (a)(1) None of the funds appropriated by this Act
may be made available for assistance for the Central Government
of Cambodia.
(2) Paragraph (1) shall not apply to assistance for basic edu-
cation, reproductive and maternal and child health, cultural and
historic preservation, programs for the prevention, treatment, and
control of, and research on, HIV/AIDS, tuberculosis, malaria, polio
and other infectious diseases, development and implementation of
legislation and implementation of procedures on inter-country adop-
tions consistent with international standards, rule of law programs,
counternarcotics programs, programs to combat human trafficking
that are provided through nongovernmental organizations, anti-
corruption programs, and for the Ministry of Women and Veterans
Affairs to combat human trafficking.
(b) Notwithstanding any provision of this or any other Act,
of the funds appropriated by this Act under the heading ‘‘Economic
Support Fund’’, $15,000,000 shall be made available for activities
to support democracy, the rule of law, and human rights, including
assistance for democratic political parties in Cambodia.
Human rights.
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(c) Funds appropriated by this Act to carry out provisions
of section 541 of the Foreign Assistance Act of 1961 may be made
available notwithstanding subsection (a).
PALESTINIAN STATEHOOD
SEC. 555. (a) LIMITATION ON ASSISTANCE.—None of the funds
appropriated by this Act may be provided to support a Palestinian
state unless the Secretary of State determines and certifies to
the appropriate congressional committees that—
(1) a new leadership of a Palestinian governing entity
has been democratically elected through credible and competi-
tive elections;
(2) the elected governing entity of a new Palestinian 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 security entity
that is cooperative with appropriate Israeli and other
appropriate security organizations; and
(3) the Palestinian Authority (or the governing body of
a new Palestinian state) is working with other countries in
the region to vigorously pursue efforts 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 sov-
ereignty, territorial integrity, and political independence
of every state in the area through measures including
the establishment of demilitarized zones;
(C) their right to live in peace within secure and recog-
nized boundaries free from threats or acts of force;
(D) freedom of navigation through international water-
ways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the newly-elected governing entity should enact a constitution
assuring the rule of law, an independent judiciary, and respect
for human rights for its citizens, and should enact other laws
and regulations assuring transparent and accountable governance.
(c) WAIVER.—The President may waive subsection (a) if he
determines that it is vital to the national security interests 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 provisions of section 550 of this Act (‘‘Limitation
on Assistance to the Palestinian Authority’’).
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COLOMBIA
SEC. 556. (a) DETERMINATION AND CERTIFICATION REQUIRED.—
Funds appropriated by this Act that are available for assistance
for the Colombian Armed Forces, may be made available as follows:
(1) Up to 75 percent of such funds may be obligated 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 obligated
only after the Secretary of State certifies and reports to the
appropriate congressional committees that:
(A) The Commander General of the Colombian Armed
Forces is suspending from the Armed Forces those mem-
bers, 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 violations
of human rights, including extra-judicial killings, or to
have aided or abetted paramilitary organizations.
(B) The Colombian Government is vigorously inves-
tigating and prosecuting those members of the Colombian
Armed Forces, of whatever rank, who have been credibly
alleged to have committed gross violations of human rights,
including extra-judicial killings, or to have aided or abetted
paramilitary organizations, and is promptly punishing
those members of the Colombian 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 substan-
tial progress in cooperating with civilian prosecutors and
judicial authorities in such cases (including providing
requested information, such as the identity of persons sus-
pended from the Armed Forces and the nature and cause
of the suspension, and access to witnesses, relevant military
documents, and other requested information).
(D) The Colombian Armed Forces have made substan-
tial progress in severing links (including 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, especially in regions where
these organizations have a significant presence.
(E) The Colombian Government is dismantling para-
military leadership and financial networks by arresting
commanders and financial backers, especially in regions
where these networks have a significant presence.
(F) The Colombian Government is taking effective steps
to ensure that the Colombian Armed Forces are not vio-
lating the land and property rights of Colombia’s indige-
nous 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 committees, after such date, that
the Colombian Armed Forces are continuing to meet the condi-
tions contained in paragraph (2) and are conducting vigorous
operations to restore government authority and respect for
human rights in areas under the effective control of para-
military and guerrilla organizations.
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(b) CONGRESSIONAL NOTIFICATION.—Funds made available by
this Act for the Colombian Armed Forces shall be subject to the
regular notification procedures of the Committees on Appropria-
tions.
(c) CONSULTATIVE PROCESS.—Not later than 60 days after the
date of enactment of this Act, and every 90 days thereafter until
September 30, 2007, the Secretary of State shall consult with inter-
nationally recognized human rights organizations regarding
progress in meeting the conditions contained in subsection (a).
(d) DEFINITIONS.—In this section:
(1) AIDED OR ABETTED.—The term ‘‘aided or abetted’’ means
to provide any support to paramilitary groups, including taking
actions which allow, facilitate, or otherwise foster the activities
of such groups.
(2) 
PARAMILITARY
GROUPS.—The 
term 
‘‘paramilitary
groups’’ means illegal self-defense groups and illegal security
cooperatives.
ILLEGAL ARMED GROUPS
SEC. 557. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN
ILLEGAL ARMED GROUPS.—Subject to subsection (b), the Secretary
of State shall not issue a visa to any alien who the Secretary
determines, based on credible evidence—
(1) has willfully provided any support to the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation
Army (ELN), or the United Self-Defense Forces of Colombia
(AUC), including taking actions or failing to take actions which
allow, facilitate, or otherwise foster the activities of such groups;
or
(2) has committed, ordered, incited, assisted, or otherwise
participated in the commission of gross violations of human
rights, including extra-judicial killings, in Colombia.
(b) WAIVER.—Subsection (a) shall not apply if the Secretary
of State determines and certifies to the appropriate congressional
committees, on a case-by-case basis, that the issuance of a visa
to the alien is necessary to support the peace process in Colombia
or for urgent humanitarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING
CORPORATION
SEC. 558. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to
the Palestinian Broadcasting Corporation.
WEST BANK AND GAZA PROGRAM
SEC. 559. (a) OVERSIGHT.—For fiscal year 2006, 30 days prior
to the initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the appropriate
committees of Congress that procedures have been established to
assure the Comptroller General of the United States will have
access to appropriate United States financial information in order
to review the uses of United States assistance for the Program
funded under the heading ‘‘Economic Support Fund’’ for the West
Bank and Gaza.
Deadline.
Certification.
Procedures.
Deadlines.
Termination
date.
Human rights.
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(b) VETTING.—Prior to the obligation of funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’ for assist-
ance for the West Bank and Gaza, the Secretary of State shall
take all appropriate steps to ensure that such assistance is not
provided to or through any individual, private or government entity,
or educational institution that the Secretary knows or has reason
to believe advocates, plans, sponsors, engages in, or has engaged
in, terrorist activity. The Secretary of State shall, as appropriate,
establish procedures specifying the steps to be taken in carrying
out this subsection and shall terminate assistance to any individual,
entity, or educational institution which he has determined to be
involved in or advocating terrorist activity.
(c) PROHIBITION.—None of the funds appropriated by this Act
for assistance under the West Bank and Gaza program may be
made available for the purpose of recognizing or otherwise honoring
individuals who commit, or have committed, acts of terrorism.
(d) AUDITS.—
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and subgrantees, under the West Bank and
Gaza Program, are conducted at least on an annual basis
to ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ that are made available for assist-
ance for the West Bank and Gaza, up to $1,000,000 may be
used by the Office of the Inspector General of the United
States Agency for International Development for audits, inspec-
tions, and other activities in furtherance of the requirements
of this subsection. Such funds are in addition to funds otherwise
available for such purposes.
(e) Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and uses
of all funds for the bilateral West Bank and Gaza Program in
fiscal year 2006 under the heading ‘‘Economic Support Fund’’. The
audit shall address—
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations
and expenditures.
(f) Not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of
chapter 2 of title II of Public Law 109–13.
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
SEC. 560. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION.—
Of the amounts made available under ‘‘International Organizations
and Programs’’ and ‘‘Child Survival and Health Programs Fund’’
for fiscal year 2006, $34,000,000 shall be made available for the
United Nations Population Fund (hereafter in this section referred
to as the ‘‘UNFPA’’): Provided, That of this amount, not less than
$22,500,000 shall be derived from funds appropriated under the
heading ‘‘International Organizations and Programs’’.
Deadline.
Reports.
Audits.
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(b) AVAILABILITY OF FUNDS.—Funds appropriated under the
heading ‘‘International Organizations and Programs’’ in this Act
that are available for UNFPA, that are not made available for
UNFPA because of the operation of any provision of law, shall
be transferred to ‘‘Child Survival and Health Programs Fund’’ and
shall be made available for family planning, maternal, and repro-
ductive health activities, subject to the regular notification proce-
dures of the Committees on Appropriations.
(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the
funds made available under ‘‘International Organizations and Pro-
grams’’ may be made available for the UNFPA for a country pro-
gram in the People’s Republic of China.
(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Amounts made
available under ‘‘International Organizations and Programs’’ for
fiscal year 2006 for the UNFPA may not be made available to
UNFPA unless—
(1) the UNFPA maintains amounts made available to the
UNFPA under this section in an account separate from other
accounts of the UNFPA;
(2) the UNFPA does not commingle amounts made avail-
able to the UNFPA under this section with other sums; and
(3) the UNFPA does not fund abortions.
WAR CRIMINALS
SEC. 561. (a)(1) None of the funds appropriated or otherwise
made available pursuant to this Act may be made available for
assistance, and the Secretary of the Treasury shall instruct the
United States executive directors to the international financial
institutions to vote against any new project involving the extension
by such institutions of any financial or technical assistance, to
any country, entity, or municipality whose competent authorities
have failed, as determined by the Secretary of State, to take nec-
essary and significant steps to implement its international legal
obligations to apprehend and transfer to the International Criminal
Tribunal for the former Yugoslavia (the ‘‘Tribunal’’) all persons
in their territory who have been indicted by the Tribunal and
to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to humani-
tarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are—
(1) cooperating with the Tribunal, including access for
investigators to archives and witnesses, the provision of docu-
ments, and the surrender and transfer of indictees or assistance
in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an international
financial institution regarding the extension of any new project
involving financial or technical assistance or grants to any country
or entity described in subsection (a), the Secretary of the Treasury,
in consultation with the Secretary of State, shall provide to the
Committees on Appropriations a written justification for the pro-
posed assistance, including an explanation of the United States
position regarding any such vote, as well as a description of the
Deadline.
Justification.
Applicability.
Reports.
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location of the proposed assistance by municipality, its purpose,
and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult with
representatives of human rights organizations and all government
agencies with relevant information to help prevent indicted war
criminals from benefiting from any financial or technical assistance
or grants provided to any country or entity described in subsection
(a).
(e) The Secretary of State may waive the application of sub-
section (a) with respect to projects within a country, entity, or
municipality upon a written determination to the Committees on
Appropriations 
that 
such 
assistance 
directly 
supports 
the
implementation of the Dayton Accords.
(f) DEFINITIONS.—As used in this section:
(1) COUNTRY.—The term ‘‘country’’ means Bosnia and
Herzegovina, Croatia and Serbia.
(2) ENTITY.—The term ‘‘entity’’ refers to the Federation
of Bosnia and Herzegovina, Kosovo, Montenegro and the
Republika Srpska.
(3) MUNICIPALITY.—The term ‘‘municipality’’ means a city,
town or other subdivision within a country or entity as defined
herein.
(4) DAYTON ACCORDS.—The term ‘‘Dayton Accords’’ means
the General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
USER FEES
SEC. 562. The Secretary of the Treasury shall instruct the
United States Executive Director at each international financial
institution (as defined in section 1701(c)(2) of the International
Financial Institutions Act) and the International Monetary Fund
to oppose any loan, grant, strategy or policy of these institutions
that would require user fees or service charges on poor people
for primary education or primary healthcare, including prevention
and treatment efforts for HIV/AIDS, malaria, tuberculosis, and
infant, child, and maternal well-being, in connection with the
institutions’ financing programs.
FUNDING FOR SERBIA
SEC. 563. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia after
May 31, 2006, if the President has made the determination and
certification contained in subsection (c).
(b) After May 31, 2006, the Secretary of the Treasury should
instruct the United States executive directors to the international
financial institutions to support loans and assistance to the Govern-
ment of Serbia and Montenegro subject to the conditions in sub-
section (c): Provided, That section 576 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997,
as amended, shall not apply to the provision of loans and assistance
to the Government of Serbia and Montenegro through international
financial institutions.
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(c) The determination and certification referred to in subsection
(a) is a determination by the President and a certification to the
Committees on Appropriations that the Government of Serbia and
Montenegro is—
(1) cooperating with the International Criminal Tribunal
for the former Yugoslavia including access for investigators,
the provision of documents, and the surrender and transfer
of indictees or assistance in their apprehension, including Ratko
Mladic and Radovan Karadzic, unless the Secretary of State
determines and reports to the Committees on Appropriations
that these individuals are no longer residing in Serbia;
(2) taking steps that are consistent with the Dayton Accords
to end Serbian financial, political, security and other support
which has served to maintain separate Republika Srpska
institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law.
(d) This section shall not apply to Montenegro, Kosovo, humani-
tarian assistance or assistance to promote democracy.
COMMUNITY-BASED POLICE ASSISTANCE
SEC. 564. (a) AUTHORITY.—Funds made available by this Act
to carry out the provisions of chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the effectiveness
and accountability of civilian police authority through training and
technical assistance in human rights, the rule of law, strategic
planning, and through assistance to foster civilian police roles that
support democratic governance including assistance for programs
to prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the communities
they serve.
(b) NOTIFICATION.—Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular notifica-
tion procedures of, the Committees on Appropriations.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 565. (a) AUTHORITY TO REDUCE DEBT.—The President
may reduce amounts owed to the United States (or any agency
of the United States) by an eligible country as a result of—
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities guaran-
teed by the Commodity Credit Corporation under export credit
guarantee programs authorized pursuant to section 5(f) of the
Commodity Credit Corporation Charter Act of June 29, 1948,
as amended, section 4(b) of the Food for Peace Act of 1966,
as amended (Public Law 89–808), or section 202 of the Agricul-
tural Trade Act of 1978, as amended (Public Law 95–501).
(b) LIMITATIONS.—
(1) The authority provided by subsection (a) may be exer-
cised only to implement multilateral official debt relief and
22 USC 2151
note.
President.
Certification.
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referendum agreements, commonly referred to as ‘‘Paris Club
Agreed Minutes’’.
(2) The authority provided by subsection (a) may be exer-
cised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be exer-
cised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, 
but 
not 
from 
the 
International 
Bank 
for
Reconstruction and Development, commonly referred to as
‘‘IDA-only’’ countries.
(c) CONDITIONS.—The authority provided by subsection (a) may
be exercised only with respect to a country whose government—
(1) does not have an excessive level of military expendi-
tures;
(2) has not repeatedly provided support for acts of inter-
national terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of inter-
nationally recognized human rights; and
(5) is not ineligible for assistance because of the application
of section 527 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995.
(d) AVAILABILITY OF FUNDS.—The authority provided by sub-
section (a) may be used only with regard to the funds appropriated
by this Act under the heading ‘‘Debt Restructuring’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
the purposes of any provision of law limiting assistance to a country.
The authority provided by subsection (a) may be exercised notwith-
standing section 620(r) of the Foreign Assistance Act of 1961 or
section 321 of the International Development and Food Assistance
Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 566. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CAN-
CELLATION.—
(1) AUTHORITY
TO
SELL, REDUCE, OR
CANCEL
CERTAIN
LOANS.—Notwithstanding any other provision of law, the Presi-
dent may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made before
January 1, 1995, pursuant to the Foreign Assistance Act of
1961, to the government of any eligible country as defined
in section 702(6) of that Act or on receipt of payment from
an eligible purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating—
(A) debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an additional
amount of the local currency of the eligible country, equal
to not less than 40 percent of the price paid for such
debt by such eligible country, or the difference between
the price paid for such debt and the face value of such
debt, to support activities that link conservation and
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sustainable use of natural resources with local community
development, and child survival and other child develop-
ment, in a manner consistent with sections 707 through
710 of the Foreign Assistance Act of 1961, if the sale,
reduction, or cancellation would not contravene any term
or condition of any prior agreement relating to such loan.
(2) TERMS AND CONDITIONS.—Notwithstanding any other
provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
(3) ADMINISTRATION.—The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for admin-
istering part I of the Foreign Assistance Act of 1961 of pur-
chasers that the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such agency
shall make adjustment in its accounts to reflect the sale, reduc-
tion, or cancellation.
(4) LIMITATION.—The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduc-
tion, or cancellation of any loan sold, reduced, or canceled pursuant
to this section shall be deposited in the United States Government
account or accounts established for the repayment of such loan.
(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans satisfac-
tory to the President for using the loan for the purpose of engaging
in debt-for-equity swaps, debt-for-development swaps, or debt-for-
nature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President should
consult with the country concerning the amount of loans to be
sold, reduced, or canceled and their uses for debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority provided by sub-
section (a) may be used only with regard to funds appropriated
by this Act under the heading ‘‘Debt Restructuring’’.
BASIC EDUCATION
SEC. 567. Of the funds appropriated by title II of this Act,
not less than $465,000,000 shall be made available for basic edu-
cation, of which not less than $250,000 shall be provided to the
Comptroller General of the United States to prepare an analysis
of United States funded international basic education programs,
which should be submitted to the Committees on Appropriations
by May 1, 2006.
RECONCILIATION PROGRAMS
SEC. 568. Of the funds appropriated under the heading ‘‘Eco-
nomic Support Fund’’, not less than $15,000,000 should be made
available to support reconciliation programs and activities which
President.
Notification.
President.
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bring together individuals of different ethnic, religious, and political
backgrounds from areas of civil conflict and war.
SUDAN
SEC. 569. (a) AVAILABILITY OF FUNDS.—Of the funds appro-
priated under the heading ‘‘Development Assistance’’ up to
$70,000,000 may be made available for assistance for Sudan, of
which not to exceed $6,000,000 may be made available for adminis-
trative expenses of the United States Agency for International
Development associated with assistance programs for Sudan.
(b) LIMITATION ON ASSISTANCE.—Subject to subsection (c):
(1) Notwithstanding section 501(a) of the International
Malaria Control Act of 2000 (Public Law 106–570) or any
other provision of law, none of the funds appropriated by this
Act may be made available for assistance for the Government
of Sudan.
(2) None of the funds appropriated by this Act may be
made available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(c) Subsection (b) shall not apply if the Secretary of State
determines and certifies to the Committees on Appropriations that—
(1) the Government of Sudan has taken significant steps
to disarm and disband government-supported militia groups
in the Darfur region;
(2) the Government of Sudan and all government-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 organizations, the human rights
investigation and humanitarian teams of the United Nations,
including protection officers, and an international monitoring
team that is based in Darfur and that has the support 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 Comprehen-
sive Peace Agreement.
(e) DEFINITIONS.—For the purposes of this Act and section
501 of Public Law 106–570, the terms ‘‘Government of Sudan’’,
‘‘areas outside of control of the Government 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 imme-
diately prior to June 5, 2004, and, Southern Kordofan/Nuba Moun-
tains State, Blue Nile State and Abyei shall be deemed ‘‘areas
outside of control of the Government of Sudan’’.
Certification.
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TRADE CAPACITY BUILDING
SEC. 570. Of the funds appropriated by this Act, under the
headings ‘‘Trade and Development Agency’’, ‘‘Development Assist-
ance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘Inter-
national Affairs Technical Assistance’’, and ‘‘International Organiza-
tions 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 building 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 Foreign Assist-
ance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2006,
funds available to the Department of Defense 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, Afghanistan, Bulgaria, Croatia, Estonia, Former
Yugoslavian 
Republic 
of 
Macedonia, 
Georgia, 
India, 
Iraq,
Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia,
Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, Ukraine,
and Uzbekistan.
ZIMBABWE
SEC. 572. The Secretary of the Treasury shall instruct the
United States executive director to each international financial
institution to vote against any extension by the respective institu-
tion of any loans to the Government of Zimbabwe, except to meet
basic human needs or to promote democracy, unless the Secretary
of State determines and certifies to the Committees on Appropria-
tions that the rule of law has been restored in Zimbabwe, including
respect for ownership and title to property, freedom of speech and
association.
GENDER-BASED VIOLENCE
SEC. 573. Programs funded under titles II and III of this
Act that provide training for foreign police, judicial, and military
officials, shall include, where appropriate, programs and activities
that address gender-based violence.
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 government 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 Statute preventing the International Criminal Court
from proceeding against United States personnel present in such
country.
Certification.
22 USC 2151
note.
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(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 appropriate congressional
committees that such country has entered into an agreement with
the United States pursuant 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 Millennium Challenge
Act of 2003, notwithstanding section 606(a)(2)(B) of such Act.
(e) Funds appropriated for fiscal year 2005 under the heading
‘‘Economic Support Fund’’ may be made available for democracy
and rule of law programs and activities, notwithstanding the provi-
sions of section 574 of division D of Public Law 108–447.
TIBET
SEC. 575. (a) The Secretary of the Treasury should instruct
the United States executive director to 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 Tibetan land and natural resources
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 subject to effective monitoring.
(b) Notwithstanding any other provision of law, not less than
$4,000,000 of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ should be made available to nongovern-
mental organizations to support activities which preserve cultural
traditions and promote sustainable development and environmental
conservation in Tibetan communities in the Tibetan Autonomous
Region and in other Tibetan communities in China, and not less
than $250,000 should be made available to the National Endowment
for Democracy for human rights and democracy programs relating
to Tibet.
CENTRAL AMERICA
SEC. 576. (a) 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 ini-
tially allocated pursuant to section 653(a) of the Foreign Assistance
Act of 1961 for fiscal year 2005 should be made available for
El Salvador, Guatemala, Nicaragua and Honduras.
(b) In addition to the amounts requested under the heading
‘‘Economic Support Fund’’ for assistance for Nicaragua and Guate-
mala in fiscal year 2006, not less than $1,500,000 should be made
available for electoral assistance, media and civil society programs,
and activities to combat corruption and strengthen democracy in
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Nicaragua, and not less than $1,500,000 should be made available
for programs and activities to combat organized crime, crimes of
violence specifically targeting women, and corruption in Guatemala.
(c) Funds made available pursuant to subsection (b) shall be
subject to prior consultation with the Committees on Appropria-
tions.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
SEC. 577. (a) AUTHORITY.—Up to $75,000,000 of the funds made
available in this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961, including 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 fiscal year
pursuant to the authority contained in subsection (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 subsection (a) 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 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 sec-
tion, primary emphasis shall be placed on enabling USAID to meet
personnel positions in technical skill areas currently encumbered
by contractor or other nondirect-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 respon-
sibilities primarily relate. Funds made available to carry out this
section may be transferred to and merged and consolidated with
funds appropriated for ‘‘Operating Expenses of the United States
Agency for International Development’’.
(g) MANAGEMENT REFORM PILOT.—Of the funds made available
in subsection (a), USAID may use, in addition to funds otherwise
available for such purposes, up to $10,000,000 to fund overseas
support costs of members of the Foreign Service with a Foreign
Service rank of four or below: Provided, That such authority is
only used to reduce USAID’s reliance on overseas personal services
contractors or other nondirect-hire employees compensated with
funds appropriated to carry out part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading ‘‘Assist-
ance for Eastern Europe and the Baltic States’’.
Expiration date.
22 USC 3948
note.
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(h) DISASTER SURGE CAPACITY.—Funds appropriated by this
Act 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’’, 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 Assistance Act of 1961,
up to a total of $20,000,000 of the funds appropriated under title
II of this Act may be transferred to and merged with funds appro-
priated 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 Investment
Corporation: Provided further, That funds earmarked 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 procedures of the Committees on Appropriations.
LIMITATION ON FUNDS RELATING TO ATTENDANCE OF FEDERAL EM-
PLOYEES
AT
CONFERENCES
OCCURRING
OUTSIDE
THE
UNITED
STATES
SEC. 580. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees of agencies or departments of the United States
Government who are stationed in the United States, at any single
international conference occurring outside the United States, unless
the Secretary of State determines that such attendance is in the
national interest: Provided, That for purposes of this section the
term ‘‘international conference’’ shall mean a conference attended
by representatives of the United States Government and representa-
tives of foreign governments, international organizations, or non-
governmental organizations.
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. 581. None of the funds made available in this Act for
the Department of State may be used to provide assistance to
President.
22 USC 2395a
note.
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the central government of a country which has notified the Depart-
ment of State of its refusal to extradite to the United States any
individual indicted in the United States for killing a law enforce-
ment officer, as specified in a United States extradition request,
unless the Secretary of State certifies to the Committees on Appro-
priations in writing that the application of the restriction to a
country or countries is contrary to the national interest of the
United States.
PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI ARABIA
SEC. 582. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance any assistance to Saudi Arabia: Provided, That the Presi-
dent may waive the prohibition of this section if he certifies to
the Committees on Appropriations, 15 days prior to the obligation
of funds for assistance for Saudi Arabia, that Saudi Arabia is
cooperating with efforts to combat international terrorism and that
the proposed assistance will help facilitate that effort.
GOVERNMENTS THAT HAVE FAILED TO PERMIT CERTAIN EXTRADITIONS
SEC. 583. None of the funds made available in this Act for
the Department of State, other than funds provided under the
heading ‘‘International Narcotics Control and Law Enforcement’’,
may be used to provide assistance to the central government of
a country with which the United States has an extradition treaty
and which government has notified the Department of State of
its refusal to extradite to the United States any individual indicted
for a criminal offense for which the maximum penalty is life impris-
onment without the possibility of parole, unless the Secretary of
State certifies to the Committees on Appropriations in writing that
the application of this restriction to a country or countries is con-
trary to the national interest of the United States.
REPORTING REQUIREMENT
SEC. 584. The Secretary of State shall provide the Committees
on Appropriations, not later than April 1, 2006, and for each fiscal
quarter, a report in writing on the uses of funds made available
under the headings ‘‘Foreign Military Financing Program’’, ‘‘Inter-
national Military Education and Training’’, and ‘‘Peacekeeping
Operations’’: Provided, That such report shall include a description
of the obligation and expenditure of funds, and the specific country
in receipt of, and the use or purpose of the assistance provided
by such funds.
ENVIRONMENT PROGRAMS
SEC. 585. (a) FUNDING.—Of the funds appropriated under the
heading ‘‘Development Assistance’’, not less than $165,500,000 shall
be made available for programs and activities which directly protect
biodiversity, including forests, in developing countries, of which
not less than $10,000,000 should be made available to implement
the United States Agency for International Development’s biodiver-
sity conservation strategy for the Amazon basin, which amount
shall be in addition to the amounts requested for biodiversity activi-
ties in these countries in fiscal year 2006: Provided, That of the
funds appropriated by this Act, not less than $17,500,000 should
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be made available for the Congo Basin Forest Partnership of which
not less than $2,500,000 should be made available to the United
States Fish and Wildlife Service for the protection of great apes
in Central Africa: Provided further, That of the funds appropriated
by this Act, not less than $180,000,000 shall be made available
to support clean energy and other climate change policies and
programs in developing countries, of which $100,000,000 should
be made available to directly promote and deploy energy conserva-
tion, energy efficiency, and renewable and clean energy technologies,
and of which the balance should be made available to directly:
(1) measure, monitor, and reduce greenhouse gas emissions; (2)
increase carbon sequestration activities; and (3) enhance climate
change mitigation and adaptation programs.
(b) CLIMATE CHANGE REPORT.—Not later than 60 days after
the date on which the President’s fiscal year 2007 budget request
is submitted to Congress, the President shall submit a report to
the Committees on Appropriations describing in detail the
following—
(1) all Federal agency obligations and expenditures,
domestic and international, for climate change programs and
activities in fiscal year 2006, including an accounting of
expenditures by agency with each agency identifying climate
change activities and associated costs by line item as presented
in the President’s Budget Appendix; and
(2) all fiscal year 2005 obligations and estimated expendi-
tures, fiscal year 2006 estimated expenditures and estimated
obligations, and fiscal year 2007 requested funds by the United
States Agency for International Development, by country and
central program, for each of the following: (i) to promote the
transfer and deployment of a wide range of United States
clean energy and energy efficiency technologies; (ii) to assist
in the measurement, monitoring, reporting, verification, and
reduction of greenhouse gas emissions; (iii) to promote carbon
capture and sequestration measures; (iv) to help meet such
countries’ responsibilities under the Framework Convention on
Climate Change; and (v) to develop assessments of the vulner-
ability to impacts of climate change and mitigation and adapta-
tion response strategies.
(c) EXTRACTION OF NATURAL RESOURCES.—
(1) The Secretary of the Treasury shall inform the manage-
ments of the international financial institutions and the public
that it is the policy of the United States that any assistance
by such institutions (including but not limited to any loan,
credit, grant, or guarantee) for the extraction and export of
oil, gas, coal, timber, or other natural resource should not
be provided unless the government of the country has in place
or is taking the necessary steps to establish functioning systems
for: (A) accurately accounting for revenues and expenditures
in connection with the extraction and export of the type of
natural resource to be extracted or exported; (B) the inde-
pendent auditing of such accounts and the widespread public
dissemination of the audits; and (C) verifying government
receipts against company payments including widespread
dissemination of such payment information, and disclosing such
President.
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documents as Host Government Agreements, Concession Agree-
ments, and bidding documents, allowing in any such dissemina-
tion or disclosure for the redaction of, or exceptions for, informa-
tion that is commercially proprietary or that would create
competitive disadvantage.
(2) Not later than 180 days after the enactment of this
Act, the Secretary of the Treasury shall submit a report to
the Committees on Appropriations describing, for each inter-
national financial institution, the amount and type of assistance
provided, by country, for the extraction and export of oil, gas,
coal, timber, or other national resource since September 30,
2005.
UZBEKISTAN
SEC. 586. Assistance may be provided to the central Govern-
ment of Uzbekistan only if the Secretary of State determines and
reports to the Committees on Appropriations that the Government
of Uzbekistan is making substantial and continuing progress in
meeting its commitments under the ‘‘Declaration on the Strategic
Partnership and Cooperation Framework Between the Republic of
Uzbekistan and the United States of America’’, including respect
for human rights, establishing a genuine multi-party system, and
ensuring free and fair elections, freedom of expression, and the
independence of the media, and that a credible international inves-
tigation of the May 31, 2005, shootings in Andijan is underway
with the support of the Government of Uzbekistan: Provided, That
for the purposes of this section ‘‘assistance’’ shall include excess
defense articles.
CENTRAL ASIA
SEC. 587. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan only
if the Secretary of State determines and reports to the Committees
on Appropriations that the Government of Kazakhstan has made
significant improvements in the protection of human rights during
the preceding 6 month period.
(b) The Secretary of State may waive subsection (a) if he
determines and reports to the Committees on Appropriations that
such a waiver is important to the national security of the United
States.
(c) Not later than October 1, 2006, the Secretary of State
shall submit a report to the Committees on Appropriations and
the Committee on Foreign Relations of the Senate and the Com-
mittee on International Relations of the House of Representatives
describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 6-month period ending 30 days prior
to submission of such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided by the United States
by units of the armed forces, border guards, or other security
forces of such countries.
(d) Prior to the initial obligation of assistance for the Govern-
ment of Kyrgyzstan, the Secretary of State shall submit a report
to the Committees on Appropriations describing: (1) whether the
Deadline.
Reports.
Deadline.
Reports.
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Government of Kyrgyzstan is forcibly returning Uzbeks who have
fled violence and political persecution, in violation of the 1951
Geneva Convention relating to the status of refugees, and the
Convention Against Torture and Other Forms of Cruel, Inhuman,
or Degrading Treatment; (2) efforts made by the United States
to prevent such returns; and (3) the response of the Government
of Kyrgyzstan.
(e) For purposes of this section, the term ‘‘countries of Central
Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan,
and Turkmenistan.
DISABILITY PROGRAMS
SEC. 588. (a) Of the funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’, not less than $4,000,000
shall be made available for programs and activities administered
by the United States Agency for International Development
(USAID) to address the needs and protect the rights of people
with disabilities in developing countries.
(b) Funds appropriated under the heading ‘‘Operating Expenses
of the United States Agency for International Development’’ shall
be made available to develop and implement training for staff
in overseas USAID missions to promote the full inclusion and
equal participation of people with disabilities in developing coun-
tries.
(c) The Secretary of State, the Secretary of the Treasury, and
the Administrator of USAID shall seek to ensure that, where appro-
priate, construction projects funded by this Act are accessible to
people with disabilities and in compliance with the USAID Policy
on Standards for Accessibility for the Disabled, or other similar
accessibility standards.
(d) Of the funds made available pursuant to subsection (a),
not more than 7 percent may be for management, oversight and
technical support.
(e) Not later than 180 days after the date of enactment of
this Act, and 180 days thereafter, the Administrator of USAID
shall submit a report describing the programs, activities, and
organizations funded pursuant to this section.
DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE
RUSSIAN FEDERATION
SEC. 589. None of the funds appropriated for assistance under
this Act may be made available for the Government of the Russian
Federation, after 180 days from the date of the enactment of this
Act, unless the President determines and certifies in writing to
the Committees on Appropriations that the Government of the
Russian Federation has implemented no statute, Executive order,
regulation or similar government action that would discriminate,
or which has as its principal effect discrimination, against religious
groups or religious communities in the Russian Federation in viola-
tion of accepted international agreements on human rights and
religious freedoms to which the Russian Federation is a party.
WAR CRIMES IN AFRICA
SEC. 590. (a) The Congress reaffirms its support for the efforts
of the International Criminal Tribunal for Rwanda (ICTR) and
Deadlines.
Reports.
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the Special Court for Sierra Leone (SCSL) to bring to justice individ-
uals responsible for war crimes and crimes against humanity in
a timely manner.
(b) Funds appropriated by this Act, including funds for debt
restructuring, may be made available for assistance to the central
government of a country 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 Assistance Act of 1961
or to project assistance under title II of this Act: Provided further,
That the United States shall use its voice and vote in the United
Nations Security Council to fully support efforts by ICTR and
SCSL to bring to justice individuals indicted by such tribunals
in a timely manner.
(c) The prohibition in subsection (b) may be waived on a country
by country basis if the President determines that doing so is in
the national security interest of the United States: Provided, That
prior to exercising such waiver authority, the President shall submit
a report to the Committees on Appropriations, in classified form
if necessary, on: (1) the steps being taken to obtain the cooperation
of the government in surrendering the indictee in question to the
court of jurisdiction; (2) a strategy, including a timeline, for bringing
the indictee before such court; and (3) the justification for exercising
the waiver authority.
(d) Notwithstanding subsections (b) and (c), assistance may
be made available for the central Government of Nigeria after
120 days following enactment of this Act only if the President
submits a report to the Committees on Appropriations, in classified
form if necessary, on: (1) the steps taken in fiscal years 2003,
2004 and 2005 to obtain the cooperation of the Government of
Nigeria in surrendering Charles Taylor to the SCSL; and (2) a
strategy, including a timeline, for bringing Charles Taylor before
the SCSL.
SECURITY IN ASIA
SEC. 591. (a) Of the funds appropriated under the heading
‘‘Foreign Military Financing Program’’, not less than the following
amounts shall be made available to enhance security in Asia, con-
sistent with democratic principles and the rule of law—
(1) $30,000,000 for assistance for the Philippines;
(2) $1,000,000 for assistance for Indonesia;
(3) $1,000,000 for assistance for Bangladesh;
(4) $3,000,000 for assistance for Mongolia;
(5) $1,500,000 for assistance for Thailand;
(6) $1,000,000 for assistance for Sri Lanka;
(7) $1,000,000 for assistance for Cambodia;
(8) $500,000 for assistance for Fiji; and
(9) $250,000 for assistance for Tonga.
(b) In addition to amounts appropriated elsewhere in this Act,
$10,000,000 is hereby appropriated for ‘‘Foreign Military Financing
Program’’: Provided, That these funds shall be available only to
assist the Philippines in addressing the critical deficiencies identi-
fied in the Joint Defense Assessment of 2003.
Charles Taylor.
Reports.
President.
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(c) Funds made available for assistance for Indonesia pursuant
to subsection (a) may only be made available for the Indonesian
Navy, notwithstanding section 599F of this Act: Provided, That
such funds shall only be made available subject to the regular
notification procedures of the Committees on Appropriations.
(d) Funds made available for assistance for Cambodia pursuant
to subsection (a) shall be made available notwithstanding section
554 of this Act: Provided, That such funds shall only be made
available subject to the regular notification procedures of the
Committees on Appropriations.
NEPAL
SEC. 592. (a) Funds appropriated under the heading ‘‘Foreign
Military Financing Program’’ may be made available for assistance
for Nepal only if the Secretary of State certifies to the Committees
on Appropriations that the Government of Nepal, including its
security forces, has restored civil liberties, is protecting human
rights, and has demonstrated, through dialogue with Nepal’s polit-
ical parties, a commitment to a clear timetable to restore multi-
party democratic government consistent with the 1990 Nepalese
Constitution.
(b) The Secretary of State may waive the requirements of
this section if the Secretary certifies to the Committees on Appro-
priations that to do so is in the national security interests of
the United States.
NEGLECTED DISEASES
SEC. 593. Of the funds appropriated under the heading ‘‘Child
Survival and Health Programs Fund’’, not less than $15,000,000
shall be made available to support an integrated response to the
control of neglected diseases including intestinal parasites, schis-
tosomiasis, lymphatic filariasis, onchocerciasis, trachoma and lep-
rosy: Provided, That the Administrator of the United States Agency
for International Development shall consult with the Committees
on Appropriations, representatives from the relevant international
technical and nongovernmental organizations addressing the spe-
cific diseases, recipient countries, donor countries, the private
sector, UNICEF and the World Health Organization: (1) on the
most effective uses of such funds to demonstrate the health and
economic benefits of such an approach; and (2) to develop a multilat-
eral, integrated initiative to control these diseases that will enhance
coordination and effectiveness and maximize the leverage of United
States contributions with those of other donors: Provided further,
That funds made available pursuant to this section shall be subject
to the regular notification procedures of the Committees on Appro-
priations.
ORPHANS, DISPLACED AND ABANDONED CHILDREN
SEC. 594. Of the funds appropriated under title II of this
Act, not less than $3,000,000 should be made available for activities
to improve the capacity of foreign government agencies and non-
governmental organizations to prevent child abandonment, address
the needs of orphans, displaced and abandoned children and provide
permanent homes through family reunification, guardianship and
domestic adoptions: Provided, That funds made available under
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title II of this Act should be made available, as appropriate, con-
sistent with—
(1) the goal of enabling children to remain in the care
of their family of origin, but when not possible, placing children
in permanent homes through adoption;
(2) the principle that such placements should be based
on informed consent which has not been induced by payment
or compensation;
(3) the view that long-term foster care or institutionaliza-
tion are not permanent options and should be used when no
other suitable permanent options are available; and
(4) the recognition that programs that protect and support
families can reduce the abandonment and exploitation of chil-
dren.
ADVISOR FOR INDIGENOUS PEOPLES ISSUES
SEC. 595. (a) After consultation with the Committees on Appro-
priations and not later than 120 days after enactment of this
Act, the Administrator of the United States Agency for International
Development shall designate an ‘‘Advisor for Indigenous Peoples
Issues’’ whose responsibilities shall include—
(1) consulting with representatives of indigenous peoples
organizations;
(2) ensuring that the rights and needs of indigenous peoples
are being respected and 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 affect indigenous peoples; and
(4) coordinating with other Federal agencies on relevant
issues relating to indigenous peoples.
STATEMENT
SEC. 596. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries in
the amounts contained in the respective tables included in the
report accompanying this Act:
‘‘Child Survival and Health Programs Fund’’.
‘‘Economic Support Fund’’.
‘‘Assistance for Eastern Europe and the Baltic States’’.
‘‘Assistance for the Independent States of the Former Soviet
Union’’.
‘‘Global HIV/AIDS Initiative’’.
‘‘Democracy Fund’’.
‘‘International Narcotics Control and Law Enforcement’’.
‘‘Andean Counterdrug Initiative’’.
‘‘Nonproliferation, Anti-Terrorism, Demining and Related
Programs’’.
‘‘Foreign Military Financing Program’’.
‘‘International Organizations and Programs’’.
(b) Any proposed increases or decreases to the amounts con-
tained in such tables in the accompanying report shall be subject
to the regular notification procedures of the Committees on Appro-
priations and section 634A of the Foreign Assistance Act of 1961.
Deadline.
Designation.
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PUBLIC LAW 109–102—NOV. 14, 2005
COMBATTING PIRACY OF UNITED STATES COPYRIGHTED MATERIALS
SEC. 597. (a) PROGRAM AUTHORIZED.—The Secretary of State
may carry out a program of activities to combat piracy in countries
that are not members of the Organization for Economic Cooperation
and Development (OECD), including activities as follows:
(1) The provision of equipment and training for law enforce-
ment, including in the interpretation of intellectual property
laws.
(2) The provision of training for judges and prosecutors,
including in the interpretation of intellectual property laws.
(3) The provision of assistance in complying with obliga-
tions under applicable international treaties and agreements
on copyright and intellectual property.
(b) CONSULTATION
WITH
WORLD
INTELLECTUAL
PROPERTY
ORGANIZATION.—In carrying out the program authorized by sub-
section (a), the Secretary shall, to the maximum extent practicable,
consult with and provide assistance to the World Intellectual Prop-
erty Organization in order to promote the integration of countries
described in subsection (a) into the global intellectual property
system.
(c) FUNDING.—Of the amount appropriated or otherwise made
available under the heading ‘‘International Narcotics Control and
Law Enforcement’’, $5,000,000 may be made available in fiscal
year 2006 for the program authorized by subsection (a).
MALARIA
SEC. 598. Of the funds appropriated under the heading ‘‘Child
Survival and Health Programs Fund’’, not less than $100,000,000
should be made available for programs and activities to combat
malaria: Provided, That such funds should be made available in
accordance with country strategic plans incorporating best public
health practices, which should include considerable support for
the purchase of commodities and equipment including: (1) insecti-
cides for indoor residual spraying that are proven to reduce the
transmission of malaria; (2) pharmaceuticals that are proven effec-
tive treatments to combat malaria; (3) long-lasting insecticide-
treated nets used to combat malaria; and (4) other activities to
strengthen the public health capacity of malaria-affected countries:
Provided further, That no later than 90 days after the date of
enactment of this Act, and every 90 days thereafter until September
30, 2006, the Administrator of the United States Agency for Inter-
national Development shall submit to the Committees on Appropria-
tions a report describing in detail expenditures to combat malaria
during fiscal year 2006.
OVERSIGHT OF IRAQ RECONSTRUCTION
SEC. 599. Subsection (o) of section 3001 of the Emergency
Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108–
106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note), as amended
by section 1203(j) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118
Stat. 2081), is amended by striking ‘‘obligated’’ and inserting
‘‘expended’’.
5 USC app. 8G
note.
Deadlines.
Termination
date.
Reports.
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PUBLIC LAW 109–102—NOV. 14, 2005
NONPROLIFERATION AND COUNTERPROLIFERATION EFFORTS
SEC. 599A. Funds appropriated under title II under the heading
‘‘Nonproliferation, Anti-Terrorism, Demining and Related Pro-
grams’’ may be made available to the Under Secretary of State
for Arms Control and International Security for use in certain
nonproliferation efforts and counterproliferation efforts such as
increased voluntary dues to the International Atomic Energy Agency
and Proliferation Security Initiative activities.
PROMOTION OF POLICY GOALS AT MULTILATERAL DEVELOPMENT
BANKS
SEC. 599B. Title XV of the International Financial Institutions
Act (22 U.S.C. 262o et seq.) is amended by adding at the end
the following:
‘‘SEC. 1505. PROMOTION OF POLICY GOALS.
‘‘(a) The Secretary of the Treasury shall instruct the United
States Executive Director at each multilateral development bank
to inform each such bank and the executive directors of each such
bank of the policy of the United States as set out in this section
and to actively promote this policy and the goals set forth in
section 1504 of this Act. It is the policy of the United States
that each bank should—
‘‘(1) require the bank’s employees, officers and consultants
to make an annual disclosure of their financial interests and
income and of any other potential source of conflict of interest;
‘‘(2) link project and program design and results to manage-
ment and staff performance appraisals, salaries, and bonuses;
‘‘(3) implement voluntary disclosure programs for firms
and individuals participating in projects financed by such bank;
‘‘(4) ensure that all loan, credit, guarantee, and grant docu-
ments and other agreements with borrowers include provisions
for the financial resources and conditionality necessary to
ensure that a person or country that obtains financial support
from a bank complies with applicable bank policies and national
and international laws in carrying out the terms and conditions
of such documents and agreements, including bank policies
and national and international laws pertaining to the com-
prehensive assessment and transparency of the activities
related to access to information, public health, safety, and
environmental protection;
‘‘(5) implement clear anti-corruption procedures setting
forth the circumstances under which a person will be barred
from receiving a loan, contract, grant, guarantee or credit from
such bank, make such procedures available to the public, and
make the identity of such person available to the public;
‘‘(6) coordinate policies across multilateral development
banks on issues including debarment, cross-debarment, procure-
ment guidelines, consultant guidelines, and fiduciary standards
so that a person that is debarred by one such bank is subject
to a rebuttable presumption of ineligibility to conduct business
with any other such bank during the specific ineligibility period;
‘‘(7) require each bank borrower and grantee and each
bidder, supplier and contractor for MDB projects to comply
22 USC 262o–4.
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with the highest standard of ethics prohibiting coercive, collu-
sive, corrupt and fraudulent practices, such as are defined
in the World Bank’s Procurement Guidelines of May, 2004;
‘‘(8) maintain a functionally independent Investigations
Office, Auditor General Office and Evaluation Office that are
free from interference in determining the scope of investigations
(including forensic audits), internal auditing (including assess-
ments of management controls for meeting operational objec-
tives and complying with bank policies), performing work and
communicating results, and that regularly report to such bank’s
board of directors and, as appropriate and in a manner con-
sistent with such functional independence of the Investigations
Office and the Auditor General Office, to the bank’s President;
‘‘(9) require that each candidate for adjustment or budget
support loans demonstrate transparent budgetary and procure-
ment processes including budget publication and public scrutiny
prior to loan or grant approval;
‘‘(10) require that for each project where compensation
is to be provided to persons adversely affected by the project,
such persons have recourse to an impartial and responsive
mechanism to receive and resolve complaints. The mechanism
should be easily accessible to all segments of the affected
community without impeding access to other judicial or
administrative remedies and without retribution;
‘‘(11) implement best practices in domestic laws and inter-
national conventions against corruption for whistleblower and
witness disclosures and protections against retaliation for
internal and lawful public disclosures by the bank’s employees
and others affected by such bank’s operations who challenge
illegality or other misconduct that could threaten the bank’s
mission, including: (1) best practices for legal burdens of proof;
(2) access to independent adjudicative bodies, including external
arbitration based on consensus selection and shared costs; and
(3) results that eliminate the effects of proven retaliation; and
‘‘(12) require, to the maximum extent possible, that all
draft country strategies are issued for public consideration no
less than 45 days before the country strategy is considered
by the multilateral development bank board of directors.
‘‘(b) The Secretary of the Treasury shall, beginning thirty days
after the enactment of this Act and within sixty calendar days
of the meeting of the respective bank’s Board of Directors at which
such decisions are made, publish on the Department of the Treasury
website a statement or explanation of the United States position
on decisions related to: (1) operational policies; and (2) any proposal
which would result or be likely to result in a significant effect
on the environment.
‘‘(c) In this section the term ‘multilateral development bank’
has the meaning given that term in section 1307 of the International
Financial Institutions Act (22 U.S.C. 262m–7) and also includes
the European Bank for Reconstruction and Development and the
Global Environment Facility.’’.
AUTHORIZATIONS
SEC. 599C. (a) To authorize the United States participation
in and appropriations for the United States contribution to the
fourteenth replenishment of the resources of the International
Deadline.
Internet.
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PUBLIC LAW 109–102—NOV. 14, 2005
Development Association, the International Development Associa-
tion Act, Public Law 86–565, as amended (22 U.S.C. 284 et seq.),
is further amended by adding at the end thereof the following
new section:
‘‘SEC. 23. FOURTEENTH REPLENISHMENT.
‘‘(a) The United States Governor of the International Develop-
ment Association is authorized to contribute on behalf of the United
States $2,850,000,000 to the fourteenth replenishment of the
resources of the Association, subject to obtaining the necessary
appropriations.
‘‘(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, with-
out fiscal year limitation, $2,850,000,000 for payment by the Sec-
retary of the Treasury.’’.
(b) To authorize the United States participation in and appro-
priations for the United States contribution to the tenth replenish-
ment of the resources of the African Development Fund, the African
Development Fund Act, Public Law 94–302, as amended (22 U.S.C.
290g et seq.), is further amended by adding at the end thereof
the following new section:
‘‘SEC. 218. TENTH REPLENISHMENT.
‘‘(a) The United States Governor of the Fund is authorized
to contribute on behalf of the United States $407,000,000 to the
tenth replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
‘‘(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, with-
out fiscal year limitation, $407,000,000 for payment by the Secretary
of the Treasury.’’.
(c) To authorize the United States participation in and appro-
priations for the United States contribution to the eighth replenish-
ment of the resources of the Asian Development Fund, the Asian
Development Fund Act, Public Law 92–245, as amended (22 U.S.C.
285 et seq.), is further amended by adding at the end thereof
the following new section:
‘‘SEC. 32. EIGHTH REPLENISHMENT.
‘‘(a) The United States Governor of the Bank is authorized
to contribute on behalf of the United States $461,000,000 to the
eighth replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
‘‘(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, with-
out fiscal year limitation, $461,000,000 for payment by the Secretary
of the Treasury.’’.
ANTICORRUPTION PROVISIONS
SEC. 599D. Twenty percent of the funds appropriated by this
Act under the heading ‘‘International Development Association’’,
shall be withheld from disbursement until the Secretary of the
Treasury certifies to the appropriate congressional committees
that—
(1) World Bank procurement guidelines are applied to all
procurement financed in whole or in part by a loan from the
International Bank for Reconstruction and Development (IBRD)
Certification.
22 USC 285cc.
22 USC 290g–17.
22 USC 284u.
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or a credit agreement or grant from the International Develop-
ment Association (IDA);
(2) the World Bank proposal ‘‘Increasing the Use of Country
Systems in Procurement’’ dated March 2005 has been with-
drawn;
(3) the World Bank is maintaining a strong central procure-
ment office staffed with senior experts who are designated
to address commercial concerns, questions, and complaints
regarding procurement procedures and payments under IDA
and IBRD projects;
(4) thresholds for international competitive bidding are
established to maximize international competitive bidding in
accordance with sound procurement practices, including trans-
parency, competition, and cost-effective results for the Bor-
rowers;
(5) all tenders under the World Bank’s national competitive
bidding provisions are subject to the same advertisement
requirements as tenders under international competitive bid-
ding; and
(6) loan agreements are made public between the World
Bank and the Borrowers.
ASSISTANCE FOR DEMOBILIZATION AND DISARMAMENT OF FORMER
IRREGULAR COMBATANTS IN COLOMBIA
SEC. 599E. (a) AVAILABILITY OF FUNDS.—Of the funds appro-
priated in this Act, up to $20,000,000 may be made available
in fiscal year 2006 for assistance for the demobilization and disar-
mament of former members of foreign terrorist organizations (FTOs)
in Colombia, specifically the United Self-Defense Forces of Colombia
(AUC), the Revolutionary Armed Forces of Colombia (FARC) and
the National Liberation Army (ELN), if the Secretary of State
makes a certification described in subsection (b) to the appropriate
congressional committees prior to the initial obligation of amounts
for such assistance for the fiscal year involved.
(b) CERTIFICATION.—A certification described in this subsection
is a certification that—
(1) assistance for the fiscal year will be provided only
for individuals who have: (A) verifiably renounced and termi-
nated any affiliation or involvement with FTOs or other illegal
armed groups; and (B) are meeting all the requirements of
the Colombia Demobilization Program, including having dis-
closed their involvement in past crimes and their knowledge
of the FTO’s structure, financing sources, illegal assets, and
the location of kidnapping victims and bodies of the dis-
appeared;
(2) the Government of Colombia is providing full coopera-
tion to the Government of the United States to extradite the
leaders and members of the FTOs who have been indicted
in the United States for murder, kidnapping, narcotics traf-
ficking, and other violations of United States law;
(3) the Government of Colombia is implementing a concrete
and workable framework for dismantling the organizational
structures of foreign terrorist organizations; and
(4) funds shall not be made available as cash payments
to individuals and are available only for activities under the
following 
categories: 
verification, 
reintegration 
(including
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training and education), vetting, recovery of assets for repara-
tions for victims, and investigations and prosecutions.
(c) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Appropriations and the Com-
mittee on International Relations of the House of Rep-
resentatives; and
(B) the Committee on Appropriations and the Com-
mittee on Foreign Relations of the Senate.
(2) FOREIGN TERRORIST ORGANIZATION.—The term ‘‘foreign
terrorist organization’’ means an organization designated as
a terrorist organization under section 219 of the Immigration
and Nationality Act.
INDONESIA
SEC. 599F. (a) Funds appropriated by this Act under the
heading ‘‘Foreign Military Financing Program’’ may be made avail-
able for assistance for Indonesia, and licenses may be issued for
the export of lethal defense articles for the Indonesian Armed
Forces, only if the Secretary of State certifies to the appropriate
congressional committees that—
(1) the Indonesian Government is prosecuting and pun-
ishing, in a manner proportional to the crime, members of
the Armed Forces who have been credibly alleged to have
committed gross violations of human rights;
(2) at the direction of the President of Indonesia, the Armed
Forces are cooperating with civilian judicial authorities and
with international efforts to resolve cases of gross violations
of human rights in East Timor and elsewhere; and
(3) at the direction of the President of Indonesia, the
Government of Indonesia is implementing reforms to improve
civilian control of the military.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on Appropria-
tions that to do so is in the national security interests of the
United States.
REPORT ON INDONESIAN COOPERATION
SEC. 599G. Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the Committees
on Appropriations that describes—
(1) the status of the investigation of the murders of two
United States citizens and one Indonesian citizen that occurred
on August 31, 2002 in Timika, Indonesia, the status of any
individuals indicted within the United States or Indonesia for
crimes relating to those murders, and the status of judicial
proceedings relating to those murders;
(2) the efforts by the Government of Indonesia to arrest
individuals indicted for crimes relating to those murders and
any other actions taken by the Government of Indonesia,
including the Indonesian judiciary, police and Armed Forces,
to bring the individuals responsible for those murders to justice;
and
(3) the cooperation provided by the Government of Indo-
nesia, including the Indonesian judiciary, police and Armed
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PUBLIC LAW 109–102—NOV. 14, 2005
LEGISLATIVE HISTORY—H.R. 3057:
HOUSE REPORTS: Nos. 109–152 (Comm. on Appropriations) and 109–265
(Comm. of Conference).
SENATE REPORTS: No. 109–96 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
June 28, considered and passed House.
July 15, 19, 20, considered and passed Senate, amended.
Nov. 4, House agreed to conference report.
Nov. 10, Senate agreed to conference report.
Forces, to requests related to those murders made by the Sec-
retary of State or the Director of the Federal Bureau of Inves-
tigation.
This Act may be cited as the ‘‘Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006’’.
Approved November 14, 2005.
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