[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3057 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                H. R. 3057

_______________________________________________________________________

                                 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

    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 Government 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 commitments 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, $125,000,000, to remain available 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 operations, 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 Appropriations: 
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 guaranteed 
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 (reduced by $5,000,000): Provided, 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 programs (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 settlements, 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 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 notwithstanding any provision of the Foreign Assistance 
Act of 1961, the Overseas Private Investment Corporation is authorized 
to undertake any program authorized 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, 
$1,497,000,000, to remain available until September 30, 2007: Provided, 
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 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 $250,000, 
in addition to funds otherwise available for such purposes, may be used 
to monitor and provide oversight of child survival, maternal and family 
planning/reproductive health, and infectious disease programs: Provided 
further, That the following amounts should be allocated as follows: 
$347,000,000 for child survival and maternal health; $25,000,000 for 
vulnerable children; $350,000,000 for HIV/AIDS; $200,000,000 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 $200,000,000 shall be made 
available 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 payment 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, $65,000,000 should be made available 
for a United States contribution 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 International 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 
preceding provisos: Provided further, That none of the funds made 
available in this Act nor any unobligated balances from prior 
appropriations may be made available to any organization or program 
which, as determined by the President of the United States, supports 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 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 planning 
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 
proviso: 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 procurement 
shall be made available only for the procurement of condoms 
manufactured in the United States: Provided further, That information 
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 of the United States Agency for 
International Development to carry out the provisions of sections 103, 
105, 106, and subtitle A of title VI of chapter II, and chapter 10 of 
part I of the Foreign Assistance Act of 1961, $1,460,000,000, 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 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 $37,500, in addition to funds otherwise available 
for such purposes, may be used to monitor and provide oversight of such 
programs: Provided further, That funds appropriated under this heading 
should be made available for programs in sub-Saharan Africa to address 
sexual and gender-based violence: Provided further, That up to 
$15,000,000 should be made available for drinking water supply projects 
in east Africa.

              international disaster and famine assistance

    For necessary expenses of the United States Agency for 
International Development to carry out the provisions of section 491 of 
the Foreign Assistance Act of 1961 for international disaster relief, 
rehabilitation, and reconstruction assistance, $356,000,000, 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, $50,000,000, 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 democratic 
institutions and processes, revitalize basic infrastructure, and foster 
the peaceful resolution of conflict: Provided further, That 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 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 further, 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 authorized by 
sections 256 and 635 of the Foreign Assistance Act of 1961, up to 
$21,000,000, to remain available until September 30, 2008, 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 programs 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 Appropriations: 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 International 
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 paragraph shall remain available until September 30, 2007.

     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.

   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 contracts or agreements entered into with funds 
appropriated under this heading may entail commitments for the 
expenditure of such funds through fiscal year 2006: 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 
Secretary 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, $77,700,000, 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 amounts appropriated 
under this heading, not to exceed $55,800,000 may be made available for 
the purposes of implementing the Capital Security Cost Sharing Program: 
Provided further, That the Administrator of the United States Agency 
for International Development shall assess fair and reasonable rental 
payments for the use of space by employees of other United States 
Government agencies in buildings constructed using funds appropriated 
under this heading, and such rental payments shall be deposited into 
this account as an offsetting collection: Provided further, That the 
rental payments collected pursuant to the previous proviso and 
deposited as an offsetting collection shall be available for obligation 
only pursuant to the regular notification procedures of the Committees 
on Appropriations: Provided further, That the assignment of United 
States Government employees or contractors to space in buildings 
constructed using funds appropriated under this heading shall be 
subject to the concurrence of the Administrator of the United States 
Agency for International Development.

   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.

                  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, $2,558,525,000, 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 significant economic reforms which are additional to those 
which were undertaken in previous fiscal years: Provided further,  That 
of the funds made available under this heading for Egypt, not less than 
$50,000,000 shall be used for programs to improve and promote 
democracy, governance, and human rights and not less than $50,000,000 
shall be used for education programs: Provided further, That with 
respect to the provision of assistance for Egypt for democracy 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 in 
exercising the authority to provide cash transfer assistance for 
Israel, the President 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 appropriated 
under this heading, not less than $250,000,000 should be made available 
only for assistance for Jordan: Provided further, That $20,000,000 of 
the funds appropriated under this heading should be made available for 
Cyprus to be used only for scholarships, administrative support of the 
scholarship program, bicommunal projects, and measures 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 $40,000,000 of the funds appropriated under this heading 
should be made available for assistance for Lebanon, of which not less 
than $6,000,000 should be made available for scholarships and direct 
support of American educational institutions in Lebanon: 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 not more than $225,000,000 of 
the funds made available for assistance for Afghanistan 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 eradication and 
interdiction efforts in Afghanistan: 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 
justifications 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 accordance with the 
provisions of the Anglo-Irish Agreement Support 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, $357,000,000, to remain available until 
September 30, 2007, which shall be available, notwithstanding any other 
provision of law that restricts assistance to foreign countries and 
section 660 of the Foreign Assistance Act of 1961, for assistance and 
for related programs for Eastern Europe and the Baltic States.
    (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 authorities 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 local currencies 
generated by, or converted from, funds appropriated 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 programs 
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 organizations 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 chapters 
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, $477,000,000, to remain 
available until September 30, 2007: Provided, That the provisions of 
such chapters shall apply to funds appropriated by this paragraph: 
Provided further, That, notwithstanding any provision of the Freedom 
Support Act of 1992, 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 
$52,000,000 should be made available, in addition to funds otherwise 
available for such purposes, for assistance for child survival, 
environmental and reproductive health, and to combat HIV/AIDS, 
tuberculosis and other infectious diseases, and for related activities.
    (c)(1) Of the funds appropriated under this heading that are 
allocated for assistance for the Government of the Russian Federation, 
60 percent shall be withheld from obligation until the President 
determines and certifies in writing to the Committees on Appropriations 
that the Government of the Russian Federation--
            (A) has terminated implementation of arrangements to 
        provide Iran with technical expertise, training, technology, or 
        equipment necessary to develop a nuclear reactor, related 
        nuclear research facilities or programs, or ballistic missile 
        capability; and
            (B) is providing full access to international non-
        government organizations providing humanitarian relief to 
        refugees and internally displaced persons in 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.
    (d) 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 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
            (5) any financing provided under the Export-Import Bank Act 
        of 1945; or
            (6) humanitarian assistance.

                          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, 
$20,500,000, 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 circumstances 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, $325,000,000, to remain available until September 
30, 2007: Provided, That none of the funds appropriated 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 
Corporation'', $1,750,000,000 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: 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 
Corporation 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 
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 Challenge Compact 
entered into pursuant to section 609 of the Millennium 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 Foreign 
Assistance Act of 1961 for the prevention, treatment, and control of, 
and research on, HIV/AIDS, $1,920,000,000 (reduced by $1,000,000) 
(increased by $1,000,000), to remain available until expended: 
Provided, That of the funds appropriated under this heading, not less 
than $200,000,000 shall be made available for a United States 
Contribution to the Global Fund to Fight AIDS, Turberculosis and 
Malaria (the ``Global Fund''), and shall be expended at the minimum 
rate necessary to make timely payment for projects and activities:  
Provided further, That not more than $12,000,000 of the funds 
appropriated under this heading may be made available for 
administrative expenses of the Office of the Coordinator of United 
States Government Activities to Combat HIV/AIDS Globally of the 
Department of State.

          international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $437,400,000 (increased by $5,000,000), 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 restrictions, 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: Provided 
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 $10,000,000 of the funds 
appropriated under this heading should be made available for demand 
reduction programs: 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 Government of Colombia 
shall be available to support a unified campaign against narcotics 
trafficking, against activities by organizations designated 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 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 Secretary 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 further, 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 program, 
project, or activity: Provided further, That funds made available 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 Appropriations: 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 assistance made available by this Act for 
Colombia: 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 Development.

                    migration and refugee assistance

    For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization 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 authorized 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, $790,720,000, which shall remain available until expended: 
Provided, That not more than $22,000,000 may be available for 
administrative expenses: Provided further, That funds appropriated 
under this heading may be made available for a headquarters 
contribution to the International Committee of the Red Cross only if 
the Secretary of State determines (and so reports 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 Movement.

     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, $400,350,000 (increased 
by $7,000,000) (reduced by $7,000,000), 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 that restricts assistance to foreign countries, 
including activities implemented through nongovernmental and 
international organizations, and section 301 of the Foreign Assistance 
Act of 1961 for a voluntary contribution to the International Atomic 
Energy Agency (IAEA), and for a United States contribution to the 
Comprehensive Nuclear Test Ban Treaty Preparatory 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, notwithstanding any other provision of law that 
restricts assistance to foreign countries, to promote bilateral and 
multilateral activities relating to nonproliferation and disarmament: 
Provided 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 and 
related activities, not to exceed $705,000, in addition to funds 
otherwise available for such purposes, may be used for administrative 
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: Provided further, That funds appropriated under this heading 
shall be made available for programs and countries in the amounts 
contained in the table included in the report accompanying this Act: 
Provided further, That any proposed increases or decreases to the 
amounts contained in such table shall be subject to the regular 
notification procedures of the Committee on Appropriations and section 
634A of the Foreign Assistance Act of 1961 and notifications shall be 
transmitted at least 15 days in advance of the obligation of funds.

                       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, 2009, which shall be available notwithstanding any 
other provision of law that restricts assistance to foreign countries.

                           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 appropriated or otherwise made 
available for programs within the International 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 Programs 
Appropriations Act, 1989 (Public Law 100-461), and of canceling 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 provisions of part V of the Foreign 
Assistance Act of 1961: Provided further, That up to $45,000,000 of the 
funds appropriated under this heading may be used by the Secretary of 
the Treasury to pay to the Heavily Indebted Poor Countries (HIPC) Trust 
Fund administered by the International Bank for Reconstruction and 
Development amounts for the benefit of 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: 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 recognized 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 financial institutions are expected to 
benefit from a United States contribution to the HIPC Trust Fund during 
the fiscal year: Provided 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 
        economic growth that are additional to or expand upon those 
        previously available for such purposes:
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 Nigeria may only be 
provided through the regular notification procedures of the Committees 
on Appropriations.

                   foreign military financing program

                     (including transfer of funds)

    For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$4,442,300,000: 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 made 
available for grants only for Egypt: Provided further, That the funds 
appropriated by this paragraph for Israel shall be disbursed 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, $206,000,000 should be made available 
for assistance for Jordan: Provided further, That funds appropriated or 
otherwise made available by this paragraph shall be nonrepayable 
notwithstanding any requirement in section 23 of the Arms Export 
Control Act: Provided further, That funds made available under this 
paragraph 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 funds made available under 
this heading may be used, notwithstanding any other provision of law 
that restricts assistance to foreign countries, for demining, the 
clearance of unexploded ordnance, and related activities, and may 
include activities implemented through nongovernmental 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 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: 
Provided further, That funds appropriated 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 
$41,600,000 of the funds appropriated under this heading may be 
obligated for necessary 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: Provided 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 Committees on 
Appropriations: Provided further, That foreign military 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, $177,800,000: 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

       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, $1,741,515, 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.

               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, $115,250,000, 
to remain available until expended.

              contribution to the african development bank

    For payment to the African Development Bank by the Secretary of the 
Treasury, $5,638,350, 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, $328,958,000: 
Provided, That none of the funds appropriated under this heading may be 
made available to the International Atomic Energy Agency (IAEA).

                      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 compensation 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 
institutions'' are: the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
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 Development 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 dollars.

                         limitation on expenses

    Sec. 504. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $5,000 shall be for entertainment expenses of 
the United States Agency for International Development during the 
current fiscal year.

               limitation on representational allowances

    Sec. 505. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $125,000 shall be available for representation 
allowances for 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 dollars: Provided 
further, That of the funds made available by this Act for general costs 
of administering 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 ``International 
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 entertainment 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 entertainment 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 assistance 
for a foreign country under a new bilateral agreement governing 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 equivalent 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 assistance 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 obligation 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 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 
        Committees 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, 
except with respect to Libya, the prohibition on obligations or 
expenditures shall include direct loans, credits, insurance and 
guarantees of the Export-Import Bank or its agents.

                             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 government if the 
President determines and certifies to the Committees on Appropriations 
that subsequent to the termination of assistance a democratically 
elected government has taken office: Provided further, That the 
provisions of this section shall not apply to assistance 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 Agencies.--None of 
the funds made available by this Act may be transferred 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 that restricts 
assistance to foreign countries, 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.

                         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: Provided, 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 production 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, publication, 
conference, or training in connection with the growth or production in 
a foreign country of an agricultural commodity for 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 
        developing 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 
        American 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-American Development Bank, 
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, 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 
institutions, 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 Initiative'', ``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 activities, 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 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 reprogramming for an activity, program, or 
project for which funds are appropriated 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 provision 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 pursuant 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--
            (1) unless that government is making progress in 
        implementing comprehensive economic reforms based on market 
        principles, private ownership, respect for commercial 
        contracts, and equitable treatment of foreign private 
        investments; and
            (2) if that government applies or transfers United States 
        assistance to any entity for the purpose of expropriating or 
        seizing ownership or control of assets, investments, or 
        ventures.
Assistance may be furnished without regard to this subsection if the 
President determines that to do so is in the national interest.
    (b) 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 determines that to do so is in the national 
security interest of the United States.
    (c) None of the funds appropriated under the heading ``Assistance 
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.
    (d) 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 Appropriations.
    (e) 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.
    (f) In issuing new task orders, entering into contracts, or making 
grants, with funds appropriated in this Act or prior appropriations 
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 planning 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 involuntary 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, programs, and 
activities for which the funds in such receiving account may be used, 
but no such appropriation, except as otherwise specifically 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 Serbia, Sudan, Zimbabwe, or Pakistan, except 
as provided through the regular notification procedures of the 
Committees on Appropriations.

              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 earmarks, 
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 available 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 provision of the Foreign Assistance Act of 1961 and 
any other provision of law that restricts assistance to foreign 
countries except for the provisions under the heading ``Child Survival 
and Health Programs 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.

                              afghanistan

    Sec. 523. Of the funds appropriated by titles II and III of this 
Act, not less than $954,000,000 should be made available for 
humanitarian, reconstruction, and related assistance for Afghanistan: 
Provided, 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.

                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 accordance 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, 25 
percent of the funds that are appropriated by this Act for a 
contribution to support the Global Fund to Fight AIDS, Tuberculosis 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 
        positive results have been attained based on those indicators; 
        and
            (3) is providing support and oversight to country-level 
        entities, such as country coordinating mechanisms, principal 
        recipients, and local Fund agents, to enable them to fulfill 
        their mandates.
    (b) The Secretary of State may waive paragraph (1) of this 
subsection if she determines and reports to the Committees on 
Appropriations that such waiver is important to the national interest 
of the United States.

                           democracy programs

    Sec. 526. (a) Not less than $27,000,000 (increased by $9,000,000) 
of the funds appropriated by this Act under the heading ``Economic 
Support Fund'' should be allocated for the Human Rights and Democracy 
Fund: Provided, That up to $1,200,000 may be used for the Reagan/
Fascell Democracy Fellows program.
    (b) Notwithstanding any other provision of law that restricts 
assistance to foreign countries, up to $1,500,000 of the funds 
appropriated by this Act under the heading ``Economic Support Fund'' 
may be provided to make grants to educational, humanitarian, and 
nongovernmental organizations and individuals inside Iran and Syria to 
support the advancement of democracy and human rights in Iran and 
Syria, and such funds may be provided through the National Endowment 
for Democracy.

       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 before the 
waiver takes effect, shall notify the Committees on Appropriations 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 
                generated; and
                    (ii) the terms and conditions under which the 
                currencies 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 International 
        Development and that government to monitor and account for 
        deposits into and disbursements from the separate 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).
    (4) Termination of assistance programs.--Upon termination 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 provisions 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 assistance (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 Committees 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.

          financial market assistance in transition countries

    Sec. 531. Of the funds appropriated by this Act under the headings 
``Trade and Development Agency'', ``Development Assistance'', 
``Transition Initiatives'', ``Economic Support Fund'', ``International 
Affairs Technical Assistance'', ``Assistance for the Independent 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 Act, and 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 
        currently 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 
        enterprise, and smallholder agriculture.

                          special authorities

    Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro, 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 notwithstanding 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 Lebanon, Montenegro, Pakistan, and for victims of 
war, displaced children, and displaced Burmese, and to assist victims 
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 provision 
of law that restricts assistance to foreign countries and section 660 
of the Foreign Assistance Act of 1961.
    (b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions 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 
that restricts assistance to foreign countries and section 660 of the 
Foreign Assistance Act of 1961, for the purpose of supporting tropical 
forestry and biodiversity conservation activities and energy programs 
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, 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: Provided, That not more than 10 of such 
contractors shall be assigned to any bureau or office: Provided 
further, That such funds appropriated 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 Representatives and the 
President pro tempore of the Senate that it is important 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 indefinite-
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) Contingencies.--During fiscal year 2006, the President may use 
up to $45,000,000 under the authority of section 451 of the Foreign 
Assistance Act of 1961, notwithstanding the funding ceiling in section 
451(a).
    (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 instability.
    (h) World Food Program.--Of the funds managed by the Bureau for 
Democracy, Conflict, and Humanitarian Assistance of the United States 
Agency for International Development, from this or any other Act, not 
less than $6,000,000 shall be made available as a general contribution 
to the World Food Program, notwithstanding any other provision of law 
that restricts assistance to foreign countries.
    (i) National Endowment for Democracy.--Funds appropriated by this 
Act that are provided to the National Endowment for Democracy may be 
provided notwithstanding any other provision of law or regulation that 
restricts assistance to foreign countries.

                     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 
        terminated, and the Central Office for the Boycott of Israel 
        immediately 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
            (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 
        partners 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 on assistance for foreign countries contained in this or 
any other Act 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 
procedures 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 on 
assistance to foreign countries contained in this or any other Act 
shall not be construed to restrict assistance under the Agricultural 
Trade Development and Assistance Act of 1954: Provided, 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 
        internationally recognized human rights.

                         reservations of funds

    Sec. 537. (a) Funds appropriated by this Act which are earmarked 
may be reprogrammed for other programs within the same account 
notwithstanding the earmark if compliance with the earmark is made 
impossible by operation of any provision of this Act or any other 
provision contained in prior Acts authorizing or making appropriations 
for foreign operations, export financing, and related programs: 
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.
    (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 activities 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.

           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 document, file, or record 
necessary to the auditing requirements of the United States Agency for 
International Development.

  prohibition on assistance to foreign governments that export 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 government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is 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 provided 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 committees 
a report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance 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 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 Committee 
        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 
                summons; or
                    (ii) has not followed the appropriate adjudication 
                procedure 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 Facilitation Act of 1995 
(title VI of Public Law 104-107) or any other legislation to suspend or 
make inapplicable section 307 of the Foreign 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 appropriated 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 contribute 
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 Assistance 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 
552(c): Provided further, That the drawdown made under this section 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 that restricts 
assistance to foreign countries, 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 humanitarian 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 Government for the 
purpose of conducting official United States Government 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 locations 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 
        substantially of a recreational character, including but not 
        limited to entrance fees at sporting events, theatrical and 
        musical productions, and amusement parks.

                                 haiti

    Sec. 549. 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.

         limitation on assistance to the palestinian authority

    Sec. 550. (a) Prohibition of Funds.--None of the funds appropriated 
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 subsection 
(b) is exercised, the President shall submit a report to the Committees 
on Appropriations detailing the steps the Palestinian 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.

              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 Representatives and the Senate by the 
date specified in that section.

                       authorization requirement

    Sec. 553. Funds appropriated by this Act, except funds appropriated 
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. The Secretary of the Treasury should instruct the United 
States executive directors of the international financial institutions 
to use the voice and vote of the United States to oppose loans to the 
Central Government of Cambodia, except loans to meet basic human needs.

                         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 competitive 
        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 
                sovereignty, 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 
                recognized boundaries free from threats or acts of 
                force;
                    (D) freedom of navigation through international 
                waterways 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'').

                                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 
                members, of whatever rank who, according to the 
                Minister of Defense or the Procuraduria General de la 
                Nacion, have been credibly alleged to have committed 
                gross violations of human rights, including extra-
                judicial killings, or to have aided or abetted 
                paramilitary organizations.
                    (B) The Colombian Government is vigorously 
                investigating 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 
                substantial progress in cooperating with civilian 
                prosecutors and judicial authorities in such cases 
                (including providing requested information, such as the 
                identity of persons suspended 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 
                substantial progress in severing links (including 
                denying access to military intelligence, vehicles, and 
                other equipment or supplies, and ceasing other forms of 
                active or tacit cooperation) 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 
                paramilitary leadership and financial networks by 
                arresting commanders and financial backers, especially 
                in regions where these networks have a significant 
                presence.
            (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 
        conditions 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 
        paramilitary and guerrilla organizations.
    (b) Congressional Notification.--Funds made available by this Act 
for the Colombian Armed Forces shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (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 internationally 
recognized human rights organizations regarding progress in meeting the 
conditions contained in that subsection.
    (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.
    (b) Vetting.--Prior to the obligation of funds appropriated by this 
Act under the heading ``Economic Support Fund'' for assistance 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 
        assistance 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, 
        inspections, 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.

            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 $25,000,000 
shall be derived from funds appropriated under the heading 
``International Organizations and Programs''.
    (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 reproductive health activities, subject 
to the regular notification procedures of the Committees on 
Appropriations.
    (c) Prohibition on Use of Funds in China.--None of the funds made 
available under ``International Organizations and Programs'' may be 
made available for the UNFPA for a country program 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 available 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 necessary 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 
humanitarian 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 
        documents, 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 proposed 
assistance, including an explanation of the United States position 
regarding any such vote, as well as a description of the 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 subsection 
(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 
Government of Serbia and Montenegro subject to the conditions in 
subsection (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.
    (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 making 
        all practicable efforts to apprehend and transfer Ratko Mladic;
            (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, 
humanitarian 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 notification 
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;
    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief 
        and referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised 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 
        exercised 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 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international 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 
        internationally 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 subsection 
(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 notwithstanding 
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 
Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law that restricts 
        assistance to foreign countries, the President 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 sustainable use of natural 
                resources with local community development, and child 
                survival and other child development, 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 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers 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, 
        reduction, 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, reduction, 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 satisfactory 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 subsection 
(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 education, 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: Provided, That the 
analysis, which should be submitted to the Committee within nine months 
of enactment of this Act, shall include, but not be limited to--
            (1) the amount of funds provided for basic education by all 
        United States Government agencies in fiscal years 2001, 2002, 
        2003, 2004, and 2005;
            (2) a country-by-country and project-by-project breakdown 
        of such funds;
            (3) an analysis of host country contributions to education 
        at the local, provincial, and federal level;
            (4) the amount of funds, including loans, provided for 
        basic education by other major bilateral donors and 
        multilateral institutions, including United Nations agencies 
        and the World Bank Group, including a historical view of such 
        levels;
            (5) an analysis of United States efforts to increase the 
        commitment of other major bilateral donors and multilateral 
        institutions to basic education;
            (6) an analysis of how various United States Government 
        agencies coordinate in the provision of such assistance, 
        including how such coordination contributes to achievement of 
        the Millennium Development Goals with respect to basic 
        education;
            (7) an analysis of the effect of the quadrupling of United 
        States assistance for basic education since fiscal year 2001 on 
        education programs in the developing world; and
            (8) recommendations on the content and structure of United 
        States assistance that would increase its effectiveness in 
        promoting literary and numeracy.

                        reconciliation programs

    Sec. 568. Of the funds appropriated under the heading ``Economic 
Support Fund'', not less than $15,000,000 should be made available to 
support reconciliation programs and activities which 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 appropriated by 
title II of this Act, not less than $367,000,000 should be made 
available for assistance 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 that restricts funds for foreign countries, 
        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 
        Comprehensive 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 immediately prior to June 5, 2004, and, 
Southern Kordofan/Nuba Mountains State, Blue Nile State and Abyei shall 
be deemed ``areas outside of control of the Government of Sudan''.

                        trade capacity building

    Sec. 570. Of the funds appropriated by this Act, under the headings 
``Trade and Development Agency'', ``Development Assistance'', 
``Transition Initiatives'', ``Economic Support Fund'', ``International 
Affairs Technical Assistance'', and ``International Organizations and 
Programs'', not less than $522,000,000 should be made available for 
trade capacity building assistance: Provided, That $20,000,000 of the 
funds appropriated in this Act under the heading ``Economic Support 
Fund'' shall be made available for labor and environmental capacity 
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 Assistance 
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.

                                  cuba

    Sec. 572. None of the funds appropriated by this Act under the 
heading ``International Narcotics Control and Law Enforcement'' may be 
made available for assistance to the Government of Cuba.

                     gender-based violence training

    Sec. 573. Programs funded under titles II and III of this Act that 
provide training for foreign police, judicial, and military officials, 
shall include instruction on how to address incidences and victims of 
gender-based violence: Provided, That the Secretary of State, in 
consultation with the Secretary of Defense, shall report to the 
Committee on Appropriations, no later than 180 days after enactment of 
this Act, how such instruction is being incorporated into programs 
funded under titles II and III of this Act.

  limitation on economic support fund assistance for certain foreign 
    governments that are parties to the international criminal court

    Sec. 574. (a) None of the funds made available in this Act in title 
II under the heading ``Economic Support Fund'' may be used to provide 
assistance to the 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.
    (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.

                                 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 that restricts 
assistance to foreign countries, not less than $4,000,000 of the funds 
appropriated by this Act under the heading ``Economic Support Fund'' 
should be made available to nongovernmental organizations to support 
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.

                            central america

    Sec. 576. Of the funds appropriated by this Act under the headings 
``Child Survival and Health Programs Fund'' and ``Development 
Assistance'', not less than the amount of funds initially allocated 
pursuant to section 653(a) of the Foreign Assistance Act of 1961 for 
fiscal year 2005 should be made available for El Salvador, Guatemala, 
Nicaragua and Honduras.

     united states agency for international development management

    Sec. 577. (a) Authority.--Up to $75,000,000 of the funds made 
available in this Act to carry out the 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 Development (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 this section may only be used to 
the extent that an equivalent number of positions that are filled by 
personal services contractors or other nondirect-hire employees of 
USAID, who are compensated with funds appropriated to carry out part I 
of the Foreign Assistance Act of 1961, including funds appropriated 
under the heading ``Assistance for Eastern Europe and the Baltic 
States'', are eliminated.
    (d) Priority Sectors.--In exercising the authority of this section, 
primary emphasis shall be placed on 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 responsibilities 
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) 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 appropriated by 
this Act for the Overseas Private Investment Corporation Program 
Account, to be subject to the terms and conditions of that account: 
Provided, That such funds shall not be available for administrative 
expenses of the Overseas Private 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.

                           conflict response

                     (including transfer of funds)

    Sec. 580. Whenever the Secretary of State determines that it is in 
the national interest of the United States, the Secretary is authorized 
to furnish reconstruction and stabilization assistance, on such terms 
and conditions as the Secretary may determine, for the purpose of 
preventing, responding to, or enabling transition from conflict or 
civil strife in foreign countries or regions: Provided, That the 
Secretary may transfer up to $100,000,000 among accounts of the 
Department of State and to other Federal agencies as necessary to carry 
out these authorities: Provided further, That pursuant to a 
determination by the Secretary of State that it is in the national 
interest of the United States to prevent or respond to conflict or 
civil strife in foreign countries or regions, or to enable transition 
from such strife assistance provided under this paragraph, as well as 
assistance provided with funds appropriated under titles II and III of 
this Act for countries subject to a determination made under this 
paragraph, may be used: Provided further, That the exercise of such 
authority shall be subject to the regular notification procedures of 
the Committees on Appropriations.

                               rescission

    Sec. 581. Of the funds provided in title II of Public Law 108-447, 
under the heading ``Other Bilateral Economic Assistance, Economic 
Support Fund'', $64,000,000 is hereby rescinded.

                       anticorruption provisions

    Sec. 582. Twenty-five percent of the funds appropriated by this Act 
under the headings ``International Development Association'', shall be 
withheld from obligation until the Secretary of the Treasury certifies 
to the appropriate congressional committees that--
            (a) 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) or 
        a credit agreement or grant from the International Development 
        Association (IDA);
            (b) the World Bank proposal ``Increasing the Use of Country 
        Systems in Procurement'' dated March 2005 has been withdrawn;
            (c) the World Bank is maintaining a strong central 
        procurement office staffed with senior experts who are 
        designated to address commercial concerns, questions, and 
        complaints regarding procurement procedures and payments under 
        IDA and IBRD projects;
            (d) thresholds for international competitive bidding are 
        established to maximize international competitive bidding in 
        accordance with sound procurement practices, including 
        transparency, competition, and cost-effective results for the 
        Borrowers;
            (e) all tenders under the World Bank's national competitive 
        bidding provisions are subject to the same advertisement 
        requirements as tenders under international competitive 
        bidding; and
            (f) loan agreements are made public between the World Bank 
        and the Borrowers.

    prohibition on certain international narcotics control and law 
           enforcement assistance to the government of haiti

    Sec. 583. None of the funds made available in this Act under the 
heading ``international narcotics control and law enforcement'' may be 
used to transfer excess property of an agency of the United States 
Government to the Government of Haiti.

limitation on assistance to romania under the support for east european 
                      democracy (seed) act of 1989

    Sec. 584. None of the funds appropriated in this Act under the 
heading ``assistance for eastern europe and the baltic states'' may be 
obligated or expended for assistance to Romania under the Support for 
East European Democracy (SEED) Act of 1989.

  limitation on funds relating to attendance of federal employees at 
            conferences occurring outside the united states

    Sec. 585. None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
of a Federal department or agency at any single conference occurring 
outside the United States.

  limitation on use of funds by the export-import bank of the united 
                                 states

    Sec. 586. Of the amounts provided in title I, under the heading 
``Export-Import Bank of the United States--administrative expenses'', 
not more than $66,200,000 may be expended while there is a vacancy in 
position of the head of the Office of Inspector General in the Export-
Import Bank of the United States.

limitation on assistance to foreign countries that refuse to extradite 
  to the united states any individual accused in the united states of 
                   killing a law enforcement officer

    Sec. 587. None of the funds made available in this Act for the 
Department of State may be used to provide assistance to any country 
the government of which has notified the Department of State of its 
refusal to extradite to the United States any individual accused in the 
United States of killing a law enforcement officer, as specified in a 
United States extradition request.

          prohibition against direct funding for saudi arabia

    Sec. 588. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance any assistance to Saudi Arabia.

  prohibition on use of funds by the export-import bank of the united 
states to approve an application for a long-term loan or loan guarantee 
  with respect to a nuclear project in the people's republic of china

    Sec. 589. None of the funds made available in this Act may be used 
by the Export-Import Bank of the United States to approve an 
application for a long-term loan or loan guarantee with respect to a 
nuclear project in the People's Republic of China.

      governments that have failed to permit certain extraditions

    Sec. 590. None of the funds made available in this Act for the 
Department of State, other than funds provided under the heading 
``international narcotics control and law enforcement'', may be used to 
provide assistance to any country with whom the United States has an 
extradition treaty and whose government has notified the Department of 
State of its refusal to extradite to the United States any individual 
accused of committing a criminal offense for which the maximum penalty 
is life imprisonment without the possibility of parole, or a lesser 
term of imprisonment.
    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2006''.

            Passed the House of Representatives June 28, 2005.

            Attest:

                                                                 Clerk.
109th CONGRESS

  1st Session

                               H. R. 3057

_______________________________________________________________________

                                 AN ACT

  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 2006, and for 
                            other purposes.