[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3057 Enrolled Bill (ENR)]
H.R.3057
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2006, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2006, and for
other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $1,000,000, to remain available until September 30, 2007.
EXPORT-IMPORT BANK Program Account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the 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, $100,000,000, 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: 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 other provision of law, 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,
$1,585,000,000, 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 $350,000,
in addition to funds otherwise available for such purposes, may be used
to monitor and provide oversight of child survival, maternal and family
planning/reproductive health, and infectious disease programs: Provided
further, That the following amounts should be allocated as follows:
$360,000,000 for child survival and maternal health; $30,000,000 for
vulnerable children; $350,000,000 for HIV/AIDS; $220,000,000 for other
infectious diseases; and $375,000,000 for family planning/reproductive
health, including in areas where population growth threatens
biodiversity or endangered species: Provided further, That of the funds
appropriated under this heading, and in addition to funds allocated
under the previous proviso, not less than $250,000,000 shall be made
available, notwithstanding any other provision of law, except for the
United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act
of 2003 (Public Law 108-25), for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria (the ``Global
Fund''), and shall be expended at the minimum rate necessary to make
timely 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, $70,000,000 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 to carry out the provisions of sections 103,
105, 106, and sections 251 through 255, and chapter 10 of part I of the
Foreign Assistance Act of 1961, $1,524,000,000, to remain available
until September 30, 2007: Provided, That $214,000,000 should be
allocated for trade capacity building, of which at least $20,000,000
shall be made available for labor and environmental capacity building
activities relating to the free trade agreement with the countries of
Central America and the Dominican Republic: Provided further, That
$365,000,000 should be allocated for basic education: Provided further,
That of the funds appropriated under this heading and managed by the
United States Agency for International Development Bureau of Democracy,
Conflict, and Humanitarian Assistance, not less than $15,000,000 shall
be made available only for programs to improve women's leadership
capacity in recipient countries: Provided further, That such funds may
not be made available for construction: Provided further, That of the
funds appropriated under this heading that are made available for
assistance programs for displaced and orphaned children and victims of
war, not to exceed $42,500, in addition to funds otherwise available
for such purposes, may be used to monitor and provide oversight of such
programs: Provided further, That funds appropriated under this heading
should be made available for programs in sub-Saharan Africa to address
sexual and gender-based violence: Provided further, That of the
aggregate amount of the funds appropriated by this Act that are made
available for agriculture and rural development programs, $30,000,000
should be made available for plant biotechnology research and
development: Provided further, That not less than $2,300,000 should be
made available for core support for the International Fertilizer
Development Center: Provided further, That of the funds appropriated
under this heading, not less than $20,000,000 should be made available
for the American Schools and Hospitals Abroad program: Provided
further, That of the funds appropriated under this heading, $10,000,000
may be made available for cooperative development programs within the
Office of Private and Voluntary Cooperation: Provided further, That of
the funds appropriated under this heading, $2,000,000 shall be made
available for reconstruction and development programs in South Asia:
Provided further, That funds should be made available for activities to
reduce the incidence of child marriage in developing countries:
Provided further, That of the funds appropriated under this heading, up
to $20,000,000 should be made available to develop clean water
treatment activities in developing countries: Provided further, That of
the funds appropriated by this Act, not less than $200,000,000 shall be
made available for drinking water supply projects and related
activities, of which not less than $50,000,000 should be made available
for programs in Africa.
international disaster and famine assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $365,000,000, to
remain available until expended, of which $20,000,000 should be for
famine prevention and relief.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $40,000,000, to remain available until
expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support may
include assistance to develop, strengthen, or preserve 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 it is important to the national interests of the United
States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided 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 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 heading shall remain available until September 30, 2008.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $41,700,000.
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 2007: Provided further,
That none of the funds in this Act may be used to open a new overseas
mission of the United States Agency for International Development
without the prior written notification of the Committees on
Appropriations: Provided further, That the authority of sections 610
and 109 of the Foreign Assistance Act of 1961 may be exercised by the
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, $70,000,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated under
this heading, not to exceed $48,100,000 may be made available for the
purposes of implementing the Capital Security Cost Sharing Program.
operating expenses of the united states agency for international
development office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $36,000,000, to remain available
until September 30, 2007, which sum shall be available for the Office
of the Inspector General of the United States Agency for International
Development.
Other Bilateral Economic Assistance
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,634,000,000, to remain available until September 30, 2007:
Provided, That of the funds appropriated under this heading, not less
than $240,000,000 shall be available only for Israel, which sum shall
be available on a grant basis as a cash transfer and shall be disbursed
within 30 days of the enactment of this Act: Provided further, That not
less than $495,000,000 shall be available only for Egypt, which sum
shall be provided on a grant basis, and of which sum cash transfer
assistance shall be provided with the understanding that Egypt will
undertake significant economic and political reforms which are
additional to those which were undertaken in previous fiscal years:
Provided further, That with respect to the provision of assistance for
Egypt for 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 of the funds appropriated under this heading for
assistance for Egypt, not less than $135,000,000 shall be made
available for project assistance, of which not less than $50,000,000
shall be made available for democracy, human rights and governance
programs and not less than $50,000,000 shall be used for education
programs, of which not less than $5,000,000 shall be made available for
scholarships for disadvantaged Egyptian students to attend American
accredited institutions of higher education in Egypt: Provided further,
That of the funds appropriated under this heading for assistance for
Egypt for economic reform activities, $227,600,000 shall be withheld
from obligation until the Secretary of State determines and reports to
the Committees on Appropriations that Egypt has met the calendar year
2005 benchmarks accompanying the ``Financial Sector Reform Memorandum
of Understanding'' dated March 20, 2005: 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 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 of the funds appropriated under this
heading that are available for assistance for the West Bank and Gaza,
not to exceed $2,000,000 may be used for administrative expenses of the
United States Agency for International Development, in addition to
funds otherwise available for such purposes, to carry out programs in
the West Bank and Gaza: 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 the
President may waive the previous proviso if he determines and reports
to the Committees on Appropriations that to do so is vital to the
national security interests of the United States: Provided further,
That such report shall include an analysis of the steps being taken by
the Government of Afghanistan, at the national and local level, to
cooperate fully with United States funded poppy eradication and
interdiction efforts in Afghanistan: Provided further, That $40,000,000
of the funds appropriated under this heading shall be made available
for assistance for Lebanon, of which not less than $6,000,000 should be
made available for scholarships and direct support of American
educational institutions in Lebanon: Provided further, That of the
funds appropriated under this heading that are made available for
assistance for Iraq, not less than $5,000,000 shall be transferred to
and merged with funds appropriated under the heading ``Iraq Relief and
Reconstruction Fund'' in chapter 2 of title II of Public Law 108-106
and shall be made available for the Marla Ruzicka Iraqi War Victims
Fund: Provided further, That of the funds appropriated under this
heading that are made available for assistance for Iraq, not less than
$56,000,000 shall be made available for democracy, governance and rule
of law programs in Iraq: Provided further, That of the funds
appropriated under this heading, not less than $19,000,000 shall be
made available for assistance for the Democratic Republic of Timor-
Leste, of which up to $1,000,000 may be available for administrative
expenses of the United States Agency for International Development:
Provided further, That notwithstanding any other provision of law,
funds appropriated under this heading shall be made available for
programs and activities for the Central Highlands of Vietnam: Provided
further, That funds appropriated under this heading that are made
available for a Middle East Financing Facility, Middle East Enterprise
Fund, or any other similar entity in the Middle East shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That of funds appropriated under this
heading, $13,000,000 should be made available for a United States
contribution to the Special Court for Sierra Leone: Provided further,
That with respect to funds appropriated under this heading in this Act
or prior Acts making appropriations for foreign operations, export
financing, and related programs, the responsibility for policy
decisions and 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, $361,000,000, to remain available until
September 30, 2007, which shall be available, notwithstanding any other
provision of law, for assistance and for related programs for Eastern
Europe and the Baltic States: Provided, That of the funds appropriated
under this heading $5,000,000 should be made available for rule of law
programs for the training of judges and prosecutors.
(b) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative 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 notwithstanding any
provision of this or any other Act, including provisions in this
subsection regarding the application of section 529 of this Act, local
currencies generated by, or converted from, funds 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, $514,000,000, 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 funds made available for the Southern Caucasus
region may be used, notwithstanding any other provision of law, for
confidence-building measures and other activities in furtherance of the
peaceful resolution of the regional conflicts, especially those in the
vicinity of Abkhazia and Nagorno-Karabagh: Provided further, That
notwithstanding any other provision of law, funds appropriated under
this heading in this Act or prior Acts making appropriations for
foreign operations, export financing, and related programs, that are
made available pursuant to the provisions of section 807 of Public Law
102-511 shall be subject to a 6 percent ceiling on administrative
expenses.
(b) Of the funds appropriated under this heading, not less than
$50,000,000 should be made available, in addition to funds otherwise
available for such purposes, for assistance for child survival,
environmental and reproductive health, and to combat HIV/AIDS,
tuberculosis and other infectious diseases, and for related activities.
(c) Of the funds appropriated under this heading that are made
available for assistance for Ukraine, not less than $5,000,000 should
be made available for nuclear reactor safety initiatives, and not less
than $1,500,000 shall be made available for coal mine safety programs.
(d) Of the funds appropriated under this heading, $2,500,000 shall
be made available for the Business Information Service for the Newly
Independent States.
(e)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of the Russian 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.
(f) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under title V
of the FREEDOM Support Act and section 1424 of Public Law 104-201
or non-proliferation assistance;
(2) any assistance provided by the Trade and Development Agency
under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
2421);
(3) any activity carried out by a member of the United States
and Foreign Commercial Service while acting within his or her
official capacity;
(4) any insurance, reinsurance, guarantee or other 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,
$23,000,000, to remain available until September 30, 2007: Provided,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the African
Development Foundation Act, in exceptional 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, $322,000,000, 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'', $1,770,000,000 to remain available until expended:
Provided, That of the funds appropriated under this heading, up to
$75,000,000 may be available for administrative expenses of the
Millennium Challenge Corporation: Provided further, That up to 10
percent of the funds appropriated under this heading may be made
available to carry out the purposes of section 616 of the Millennium
Challenge Act of 2003 for candidate countries for fiscal year 2006:
Provided further, That none of the funds available to carry out section
616 of such Act may be made available until the Chief Executive Officer
of the Millennium Challenge 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, $1,995,000,000, to remain available until
expended, of which $200,000,000 shall be made available,
notwithstanding any other provision of law, except for the United
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of
2003 (Public Law 108-25) for a United States contribution to the Global
Fund to Fight AIDS, Tuberculosis and Malaria, and shall be expended at
the minimum rate necessary to make timely payment for projects and
activities.
DEMOCRACY FUND
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy,
governance, human rights, independent media, and the rule of law
globally, $95,000,000, to remain available until September 30, 2008:
Provided, That funds appropriated under this heading shall be made
available notwithstanding any other provision of law, and of such funds
$63,200,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights and Labor, Department of
State, and not less than $15,250,000 shall be made available for the
National Endowment for Democracy: Provided further, That funds
appropriated under this heading are in addition to funds otherwise
available for such purposes: Provided further, That funds made
available by title II of this Act for purposes of this section for any
contract, grant, or cooperative agreement (or any amendment to any
contract, grant, or cooperative agreement) in excess of $10,000,000
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(b) Funds appropriated in subsection (a) should be made available
for assistance for Taiwan for the purposes of furthering political and
legal reforms: Provided, That such funds shall only be made available
to the extent that they are matched from sources other than the United
States Government.
(c) Funds appropriated in subsection (a) shall be made available
for programs and activities to foster democracy, governance, human
rights, civic education, women's development, press freedom, and the
rule of law in countries located outside the Middle East region with a
significant Muslim population, and where such programs and activities
would be important to United States efforts to respond to, deter, or
prevent acts of international terrorism: Provided, That such funds
should support new initiatives and activities in those countries:
Provided further, That of the funds appropriated in subsection (a)
$5,000,000 shall be made available for continuing programs and
activities that provide professional training for journalists.
(d) Notwithstanding any other provision of law, funds appropriated
by this Act may be made available for democracy, governance, human
rights, and rule of law programs for Syria and Iran: Provided, That not
less than $6,550,000 of the funds appropriated in subsection (a) shall
be made available for programs and activities that support the
advancement of democracy in Iran and Syria.
(e) Funds made available for purposes of this section that are made
available to the National Endowment for Democracy may be made available
notwithstanding any other provision of law or regulation.
(f) Funds made available pursuant to the authority of subsections
(b), (c) and (d) shall be subject to the regular notification
procedures of the Committees on Appropriations.
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $477,200,000, to remain available until
September 30, 2008: Provided, That during fiscal year 2006, the
Department of State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its 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 of the funds appropriated under this
heading, not less than $16,000,000 shall be made available for training
programs and activities of the International Law Enforcement Academies:
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
of the funds appropriated under this heading that are available for
alternative development/institution building, not less than
$228,772,000 shall be apportioned directly to the United States Agency
for International Development including $131,232,000 for assistance for
Colombia: Provided further, That with respect to funds apportioned to
the United States Agency for International Development under the
previous proviso, the responsibility for policy decisions for the use
of such funds, including what activities will be funded and the amount
of funds that will be provided for each of those activities, shall be
the responsibility of the Administrator of the United States Agency for
International Development in consultation with the Assistant Secretary
of State for International Narcotics and Law Enforcement Affairs:
Provided further, That of the funds appropriated under this heading, in
addition to funds made available for judicial reform programs in
Colombia, not less than $8,000,000 shall be made available to the
United States Agency for International Development for organizations
and programs to protect human rights: Provided further, That not more
than 20 percent of the funds appropriated by this Act that are used for
the procurement of chemicals for aerial coca and poppy fumigation
programs may be made available for such programs unless the Secretary
of State certifies to the Committees on Appropriations that: (1) the
herbicide is being used in accordance with EPA label requirements for
comparable use in the United States and with Colombian laws; and (2)
the herbicide, in the manner it is being used, does not pose
unreasonable risks or adverse effects to humans or the environment
including endemic species: Provided further, That such funds may not be
made available unless the Secretary of State certifies to the
Committees on Appropriations that complaints of harm to health or licit
crops caused by such fumigation are evaluated and fair compensation is
being paid for meritorious claims: Provided further, That such funds
may not be made available for such purposes unless programs are being
implemented by the United States Agency for International Development,
the Government of Colombia, or other organizations, in consultation
with local communities, to provide alternative sources of income in
areas where security permits for small-acreage growers whose illicit
crops are targeted for fumigation: Provided further, That of the funds
appropriated under this heading, not less than $2,000,000 should be
made available for programs to protect biodiversity and indigenous
reserves in Colombia: Provided further, That funds appropriated by this
Act may be used for aerial fumigation in Colombia's national parks or
reserves only if the Secretary of State determines that it is in
accordance with Colombian laws and that there are no effective
alternatives to reduce drug cultivation in these areas: Provided
further, That no United States Armed Forces personnel or United States
civilian contractor employed by the United States will participate in
any combat operation in connection with assistance made available by
this Act for Colombia: Provided further, That funds appropriated under
this heading that are made available for assistance for the Bolivian
military may be made available for such purposes only if the Secretary
of State certifies that the Bolivian military is respecting human
rights, and civilian judicial authorities are investigating and
prosecuting, with the military's cooperation, military personnel who
have been implicated in gross violations of human rights: Provided
further, That of the funds appropriated under this heading, not more
than $19,015,000 may be available for administrative expenses of the
Department of State, and not more than $7,800,000 may be available, in
addition to amounts otherwise available for such purposes, for
administrative expenses of the United States Agency for International
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, $791,000,000, to remain available until expended: Provided, That
not more than $23,000,000 may be available for administrative expenses:
Provided further, That not less than $40,000,000 of the funds made
available under this heading shall be made available for refugees from
the former Soviet Union and Eastern Europe and other refugees
resettling in Israel: Provided further, That funds appropriated under
this heading may be made available for a 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: Provided further, That funds appropriated
under this heading should be made available to develop effective
responses to protracted refugee situations, including the development
of programs to assist long-term refugee populations within and outside
traditional camp settings that support refugees living or working in
local communities such as integration of refugees into local schools
and services, resource conservation projects and other projects
designed to diminish conflict between refugee hosting communities and
refugees, and encouraging dialogue among refugee hosting communities,
the United Nations High Commissioner for Refugees, and international
and nongovernmental refugee assistance organizations to promote the
rights to which refugees are entitled under the Convention Relating to
the Status of Refugees of July 28, 1951 and the Protocol Relating to
the Status of Refugees, done at New York January 31, 1967.
United States Emergency Refugee and Migration Assistance Fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $30,000,000, to remain available until expended.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $410,100,000, to carry
out the provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act,
section 23 of the Arms Export Control Act or the Foreign Assistance Act
of 1961 for demining activities, the clearance of unexploded ordnance,
the destruction of small arms, and related activities, notwithstanding
any other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
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, 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.
Department of the Treasury
International Affairs Technical Assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $20,000,000, to remain available
until September 30, 2008, which shall be available notwithstanding any
other provision of law.
Debt Restructuring
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying loans and loan guarantees, as the President
may determine, for which funds have been 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 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 any limitation of subsection (e) of section 411
of the Agricultural Trade Development and Assistance Act of 1954 shall
not apply to funds appropriated under this heading: Provided further,
That none of the funds made available under this heading in this or any
other appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies the
Committees on Appropriations that a democratically elected government
has taken office.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
International Military Education and Training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $86,744,000, of which up to
$3,000,000 may remain available until expended: Provided, That the
civilian personnel for whom military education and training may be
provided under this heading may include civilians who are not members
of a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under this
heading for military education and training for Guatemala may only be
available for expanded international military education and training,
and funds made available for Haiti, the Democratic Republic of the
Congo, and Nigeria may only be provided through the regular
notification procedures of the Committees on Appropriations.
Foreign Military Financing Program
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,500,000,000: Provided, That of the funds appropriated under this
heading, not less than $2,280,000,000 shall be available for grants
only for Israel, and not less than $1,300,000,000 shall be 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, $210,000,000 shall be made available
for assistance for Jordan: Provided further, That funds appropriated or
otherwise made available by this paragraph shall be nonrepayable
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 none of the funds
appropriated under this heading may be made available for assistance
for Haiti except pursuant to the regular notification procedures of the
Committees on Appropriations: Provided further, That funds made
available under this heading may be used, notwithstanding any other
provision of law, for demining, the clearance of unexploded ordnance,
and related activities, and may include activities implemented through
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
$42,500,000 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, $175,000,000: Provided, That
none of the funds appropriated under this heading shall be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
International Financial Institutions
global environment facility
For the United States contribution for the Global Environment
Facility, $80,000,000 to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility (GEF), by
the Secretary of the Treasury, to remain available until expended.
Contribution to the International Development Association
For payment to the International Development Association by the
Secretary of the Treasury, $950,000,000, to remain available until
expended.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE AGENCY
For payment to the Multilateral Investment Guarantee Agency by the
Secretary of the Treasury, $1,300,000, to remain available until
expended.
Limitation on Callable Capital Subscriptions
The United States Governor of the Multilateral Investment Guarantee
Agency may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital in an amount
not to exceed $8,126,527.
Contribution to the Inter-American Investment Corporation
For payment to the Inter-American Investment Corporation by the
Secretary of the Treasury, $1,741,515, to remain available until
expended.
Contribution to the Enterprise for the Americas Multilateral
Investment Fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the fund, $1,741,515, to remain available until
expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended, $100,000,000,
to remain available until expended.
Contribution to the African Development Bank
For payment to the African Development Bank by the Secretary of the
Treasury, $3,638,000, for the United States paid-in share of the
increase in capital stock, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation for the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $88,333,855.
contribution to the african development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the African Development Fund,
$135,700,000, to remain available until expended.
Contribution to the European Bank for Reconstruction and Development
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury, $1,015,677 for the United States
share of the paid-in portion of the increase in capital stock, to
remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for Reconstruction
and Development may subscribe without fiscal year limitation to the
callable capital portion of the United States share of such capital
stock in an amount not to exceed $2,249,888.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the Treasury
to increase the resources of the International Fund for Agricultural
Development, $15,000,000, to remain available until expended.
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $329,458,000:
Provided, That none of the funds appropriated under this heading may be
made available to the International Atomic Energy Agency (IAEA).
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.
unobligated balances report
Sec. 504. Any Department or Agency to which funds are appropriated
or otherwise made available by this Act shall provide to the Committees
on Appropriations a quarterly accounting by program, project, and
activity of the funds received by such Department or Agency in this
fiscal year or any previous fiscal year that remain unobligated and
unexpended.
limitation on representational allowances
Sec. 505. Of the funds appropriated or made available pursuant to
this Act, not to exceed $250,000 shall be available for representation
and entertainment allowances, of which not to exceed $2,500 shall be
available for entertainment allowances, for the United States Agency
for International Development during the current fiscal year: Provided,
That no such entertainment funds may be used for the purposes listed in
section 548 of this Act: Provided further, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United States-
owned foreign 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, the
prohibition on obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import Bank or its
agents: Provided further, That for purposes of this section, the
prohibition shall not include activities of the Overseas Private
Investment Corporation in Libya: Provided further, That the prohibition
shall not include direct loans, credits, insurance and guarantees made
available by the Export-Import Bank or its agents for or in Libya.
military coups
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to the government of any country whose
duly elected head of government is deposed by military coup or decree:
Provided, That assistance may be resumed to such 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, 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'', ``Democracy Fund'',
``Peacekeeping Operations'', ``Capital Investment Fund'', ``Operating
Expenses of the United States Agency for International Development'',
``Operating Expenses of the United States Agency for International
Development Office of Inspector General'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Millennium Challenge
Corporation'' (by country only), ``Foreign Military Financing
Program'', ``International Military Education and Training'', ``Peace
Corps'', and ``Migration and Refugee Assistance'', shall be available
for obligation for 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 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.
(b) 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.
(c) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the
regular notification procedures of the Committees on Appropriations.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(e) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated in this Act or prior 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 assistance for Liberia, Serbia, Sudan,
Zimbabwe, Pakistan, or Cambodia 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 other provision of law 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:
Provided further, That of the funds appropriated under title II of this
Act, not less than $440,000,000 shall be made available for family
planning/reproductive health: Provided further, That the Comptroller
General of the United States shall conduct an audit on the use of funds
appropriated for fiscal years 2004 and 2005 under the heading ``Child
Survival and Health Programs Fund'', to include specific
recommendations on improving the effectiveness of such funds.
afghanistan
Sec. 523. Of the funds appropriated by titles II and III of this
Act, not less than $931,400,000 should be made available for
humanitarian, reconstruction, and related assistance for Afghanistan:
Provided, That of the funds made available pursuant to this section,
not less than $3,000,000 should be made available for reforestation
activities: Provided further, That funds made available pursuant to the
previous proviso should be matched, to the maximum extent possible,
with contributions from American and Afghan businesses: Provided
further, That of the funds allocated for assistance for Afghanistan
from this Act and other Acts making appropriations for foreign
operations, export financing, and related programs for fiscal year
2006, not less than $50,000,000 should be made available to support
programs that directly address the needs of Afghan women and girls, of
which not less than $7,500,000 shall be made available for grants to
support training and equipment to improve the capacity of women-led
Afghan nongovernmental organizations and to support the activities of
such organizations: Provided further, That of the funds made available
pursuant to this section, not less than $2,000,000 should be made
available for the Afghan Independent Human Rights Commission and for
other Afghan human rights organizations.
notification on excess defense equipment
Sec. 524. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of
1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as are
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in 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, 20
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
progress is being made 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 subsection (a) if the
Secretary determines and reports to the Committees on Appropriations
that such waiver is important to the national interest of the United
States.
burma
Sec. 526. (a) The Secretary of the Treasury shall instruct the
United States executive director to each appropriate international
financial institution in which the United States participates, to
oppose and vote against the extension by such institution of any loan
or financial or technical assistance or any other utilization of funds
of the respective bank to and for Burma.
(b) Of the funds appropriated under the heading ``Economic Support
Fund'', not less than $11,000,000 shall be made available to support
democracy activities in Burma, along the Burma-Thailand border, for
activities of Burmese student groups and other organizations located
outside Burma, and for the purpose of supporting the provision of
humanitarian assistance to displaced Burmese along Burma's borders:
Provided, That funds made available under this heading may be made
available notwithstanding any other provision of law: Provided further,
That in addition to assistance for Burmese refugees provided under the
heading ``Migration and Refugee Assistance'' in this Act, not less than
$3,000,000 shall be made available for assistance for community-based
organizations operating in Thailand to provide food, medical and other
humanitarian assistance to internally displaced persons in eastern
Burma: Provided further, That funds made available under this section
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(c) The President shall include amounts expended by the Global Fund
to Fight AIDS, Tuberculosis and Malaria to the State Peace and
Development Council in Burma, directly or through groups and
organizations affiliated with the Global Fund, in making determinations
regarding the amount to be withheld by the United States from its
contribution to the Global Fund pursuant to section 202(d)(4)(A)(ii) of
Public Law 108-25.
Prohibition on bilateral assistance to terrorist countries
Sec. 527. (a) Funds appropriated for bilateral assistance under any
heading of this Act and funds appropriated under any such heading in a
provision of law enacted prior to the enactment of this Act, shall not
be made available to any country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least 15 days 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 or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development Foundation
Act. The agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is prohibited.
impact on jobs in the united states
Sec. 533. None of the funds appropriated by this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise 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, Iraq, 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 Iraq, 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.
(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,
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, notwithstanding any other
provision of law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities managed by the
agency until permanent direct hire personnel are hired and trained:
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) Vietnamese Refugees.--Section 594(a) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2005
(enacted as division D of Public Law 108-447; 118 Stat. 3038) is
amended by striking ``and 2005'' and inserting ``through 2007''.
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from 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 $10,000,000 shall be made available as a general contribution
to the World Food Program, notwithstanding any other provision of law.
(i) University Programs.--Notwithstanding any other provision of
law, of the funds appropriated under the heading ``Development
Assistance'' in this Act, up to $5,000,000 shall be made available to
American educational institutions for programs and activities in the
People's Republic of China relating to the environment, democracy, and
the rule of law: Provided, That funds made available pursuant to this
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.
(j) Extension of Authority.--
(1) With respect to funds appropriated by this Act that are
available for assistance for Pakistan, the President may waive the
prohibition on assistance contained in section 508 of this Act
subject to the requirements contained in section 1(b) of Public Law
107-57, as amended, for a determination and certification, and
consultation, by the President prior to the exercise of such waiver
authority.
(2) Section 512 of this Act and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply with respect to assistance
for Pakistan from funds appropriated by this Act.
(3) Notwithstanding the date contained in section 6 of Public
Law 107-57, as amended, the provisions of sections 2 and 4 of that
Act shall remain in effect through the current fiscal year.
(k) Middle East Foundation.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'' that are available for the
Middle East Partnership Initiative, up to $35,000,000 may be made
available, including as an endowment, notwithstanding any other
provision of law and following consultations with the Committees on
Appropriations, to establish and operate a Middle East Foundation, or
any other similar entity, whose purpose is to support democracy,
governance, human rights, and the rule of law in the Middle East
region: Provided, That such funds may be made available to the
Foundation only to the extent that the Foundation has commitments from
sources other than the United States Government to at least match the
funds provided under the authority of this subsection: Provided
further, That provisions contained in section 201 of the Support for
East European Democracy (SEED) Act of 1989 (excluding the
authorizations of appropriations provided in subsection (b) of that
section) shall be deemed to apply to any such foundation or similar
entity referred to under this subsection, and to funds made available
to such entity, in order to enable it to provide assistance for
purposes of this section: Provided further, That prior to the initial
obligation of funds for any such foundation or similar entity pursuant
to the authorities of this subsection, other than for administrative
support, the Secretary of State shall take steps to ensure, on an
ongoing basis, that any such funds made available pursuant to such
authorities are not provided to or through any individual or group that
the management of the foundation or similar entity knows or has reason
to believe, advocates, plans, sponsors, or otherwise engages in
terrorist activities: Provided further, That section 530 of this Act
shall apply to any such foundation or similar entity established
pursuant to this subsection: Provided further, That the authority of
the Foundation, or any similar entity, to provide assistance shall
cease to be effective on September 30, 2010.
(l) Extension of Authority.--(1) Section 21(h)(1)(A) of the Arms
Export Control Act (22 U.S.C. 2761(h)(1)(A)) is amended by inserting
after ``North Atlantic Treaty Organization'' the following: ``or the
Governments of Australia, New Zealand, Japan, or Israel''.
(2) Section 21(h)(2) of the Arms Export Control Act (22 U.S.C.
2761(h)(2)) is amended by striking ``or to any member government
that Organization if that Organization or member government'' and
inserting the following: ``, to any member of that Organization, or
to the Governments of Australia, New Zealand, Japan, or Israel if
that Organization, member government, or the Governments of
Australia, New Zealand, Japan, or Israel''.
(3) Section 541 of the Foreign Assistance Act of 1961 (22
U.S.C. 2347) is amended--
(A) in the first sentence, by striking ``The President''
and inserting ``(a) The President''; and
(B) by adding at the end the following new subsection:
``(b) The President shall seek reimbursement for military education
and training furnished under this chapter from countries using
assistance under section 23 of the Arms Export Control Act (22 U.S.C.
2763, relating to the Foreign Military Financing Program) to purchase
such military education and training at a rate comparable to the rate
charged to countries receiving grant assistance for military education
and training under this chapter.''.
(m) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2005'' and
inserting ``2005, and 2006''; and
(B) in subsection (e), by striking ``2005'' each place it
appears and inserting ``2006''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2),
by striking ``2005'' and inserting ``2006''.
arab league boycott of israel
Sec. 535. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel, is
an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably reinstated
in 1997, should be immediately and publicly 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 contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading ``Assistance
for Eastern Europe and the Baltic States'': Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations under the regular notification
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
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: 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 or any other Act:
Provided, That any such reprogramming shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to this
subsection shall be made available under the same terms and conditions
as originally provided.
(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: Provided, That not to exceed $25,000 may be made available to
carry out the provisions of section 316 of Public Law 96-533.
prohibition of payments to united nations members
Sec. 540. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961, the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
nongovernmental organizations--documentation
Sec. 541. None of the funds appropriated or made available pursuant
to this Act shall be available to a nongovernmental organization which
fails to provide upon timely request any 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, 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. (a) Of the funds appropriated by this Act, the following
amounts shall be made available for assistance for Haiti--
(1) $20,000,000 from ``Child Survival and Health Programs
Fund'';
(2) $30,000,000 from ``Development Assistance'';
(3) $50,000,000 from ``Economic Support Fund'';
(4) $15,000,000 from ``International Narcotics Control and Law
Enforcement'';
(5) $1,000,000 from ``Foreign Military Financing Program''; and
(6) $215,000 from ``International Military Education and
Training''.
(b) The Government of Haiti shall be eligible to purchase defense
articles and services under the Arms Export Control Act (22 U.S.C. 2751
et seq.), for the Coast Guard.
(c) None of the funds made available in this Act under the heading
``International Narcotics Control and Law Enforcement'' may be used to
transfer excess weapons, ammunition or other lethal property of an
agency of the United States Government to the Government of Haiti for
use by the Haitian National Police until the Secretary of State
certifies to the Committees on Appropriations that: (1) the United
Nations Mission in Haiti (MINUSTAH) has carried out the vetting of the
senior levels of the Haitian National Police and has ensured that those
credibly alleged to have committed serious crimes, including drug
trafficking and human rights violations, have been suspended; and (2)
the Transitional Haitian National Government is cooperating in a reform
and restructuring plan for the Haitian National Police and the reform
of the judicial system as called for in United Nations Security Council
Resolution 1608 adopted on June 22, 2005.
limitation on assistance to the palestinian authority
Sec. 550. (a) Prohibition of Funds.--None of the funds 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. (a)(1) None of the funds appropriated by this Act may be
made available for assistance for the Central Government of Cambodia.
(2) Paragraph (1) shall not apply to assistance for basic
education, reproductive and maternal and child health, cultural and
historic preservation, programs for the prevention, treatment, and
control of, and research on, HIV/AIDS, tuberculosis, malaria, polio and
other infectious diseases, development and implementation of
legislation and implementation of procedures on inter-country adoptions
consistent with international standards, rule of law programs,
counternarcotics programs, programs to combat human trafficking that
are provided through nongovernmental organizations, anti-corruption
programs, and for the Ministry of Women and Veterans Affairs to combat
human trafficking.
(b) Notwithstanding any provision of this or any other Act, of the
funds appropriated by this Act under the heading ``Economic Support
Fund'', $15,000,000 shall be made available for activities to support
democracy, the rule of law, and human rights, including assistance for
democratic political parties in Cambodia.
(c) Funds appropriated by this Act to carry out provisions of
section 541 of the Foreign Assistance Act of 1961 may be made available
notwithstanding subsection (a).
palestinian statehood
Sec. 555. (a) Limitation on Assistance.--None of the funds
appropriated by this Act may be provided to support a Palestinian state
unless the Secretary of State determines and certifies to the
appropriate congressional committees that--
(1) a new leadership of a Palestinian governing entity has been
democratically elected through credible and 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.
(F) The Colombian Government is taking effective steps to
ensure that the Colombian Armed Forces are not violating the
land and property rights of Colombia's indigenous communities.
(3) The balance of such funds may be obligated after July 31,
2006, if the Secretary of State certifies and reports to the
appropriate congressional 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 subsection (a).
(d) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted'' means to
provide any support to paramilitary groups, including taking
actions which allow, facilitate, or otherwise foster the activities
of such groups.
(2) Paramilitary groups.--The term ``paramilitary groups''
means illegal self-defense groups and illegal security
cooperatives.
illegal armed groups
Sec. 557. (a) Denial of Visas to Supporters of Colombian Illegal
Armed Groups.--Subject to subsection (b), the Secretary of State shall
not issue a visa to any alien who the Secretary determines, based on
credible evidence--
(1) has willfully provided any support to the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), or the United Self-Defense Forces of Colombia (AUC),
including taking actions or failing to take actions which allow,
facilitate, or otherwise foster the activities of such groups; or
(2) has committed, ordered, incited, assisted, or otherwise
participated in the commission of gross violations of human rights,
including extra-judicial killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the Secretary of
State determines and certifies to the appropriate congressional
committees, on a case-by-case basis, that the issuance of a visa to the
alien is necessary to support the peace process in Colombia or for
urgent humanitarian reasons.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 558. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
west bank and gaza program
Sec. 559. (a) Oversight.--For fiscal year 2006, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the appropriate
committees of Congress that procedures have been established to assure
the Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(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.
(f) Not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of chapter
2 of title II of Public Law 109-13.
contributions to united nations population fund
Sec. 560. (a) Limitations on Amount of Contribution.--Of the
amounts made available under ``International Organizations and
Programs'' and ``Child Survival and Health Programs Fund'' for fiscal
year 2006, $34,000,000 shall be made available for the United Nations
Population Fund (hereafter in this section referred to as the
``UNFPA''): Provided, That of this amount, not less than $22,500,000
shall be derived from funds appropriated under the heading
``International Organizations and Programs''.
(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 Ratko Mladic and
Radovan Karadzic, unless the Secretary of State determines and
reports to the Committees on Appropriations that these individuals
are no longer residing in Serbia;
(2) taking steps that are consistent with the Dayton Accords to
end Serbian financial, political, security and other support which
has served to maintain separate Republika Srpska institutions; and
(3) taking steps to implement policies which reflect a respect
for minority rights and the rule of law.
(d) This section shall not apply to Montenegro, Kosovo,
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; or
(3) any obligation or portion of such obligation, to pay for
purchases of United States agricultural commodities guaranteed by
the Commodity Credit Corporation under export credit guarantee
programs authorized pursuant to section 5(f) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as amended,
section 4(b) of the Food for Peace Act of 1966, as amended (Public
Law 89-808), or section 202 of the Agricultural Trade Act of 1978,
as amended (Public Law 95-501).
(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, 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, which should be
submitted to the Committees on Appropriations by May 1, 2006.
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
under the heading ``Development Assistance'' up to $70,000,000 may be
made available for assistance for Sudan, of which not to exceed
$6,000,000 may be made available for administrative expenses of the
United States Agency for International Development associated with
assistance programs for Sudan.
(b) Limitation on Assistance.--Subject to subsection (c):
(1) Notwithstanding section 501(a) of the International Malaria
Control Act of 2000 (Public Law 106-570) or any other provision of
law, none of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost of
selling, reducing, or canceling amounts owed to the United States,
and modifying concessional loans, guarantees, and credit
agreements.
(c) Subsection (b) shall not apply if the Secretary of State
determines and certifies to the Committees on Appropriations that--
(1) the Government of Sudan has taken significant steps to
disarm and disband government-supported militia groups in the
Darfur region;
(2) the Government of Sudan and all government-supported
militia groups are honoring their commitments made in the cease-
fire agreement of April 8, 2004; and
(3) the Government of Sudan is allowing unimpeded access to
Darfur to humanitarian aid organizations, the human rights
investigation and humanitarian teams of the United Nations,
including protection officers, and an international monitoring team
that is based in Darfur and that has the support of the United
States.
(d) Exceptions.--The provisions of subsection (b) shall not apply
to--
(1) humanitarian assistance;
(2) assistance for Darfur and for areas outside the control of
the Government of Sudan; and
(3) assistance to support implementation of the 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.
ZIMBABWE
Sec. 572. The Secretary of the Treasury shall instruct the United
States executive director to each international financial institution
to vote against any extension by the respective institution of any
loans to the Government of Zimbabwe, except to meet basic human needs
or to promote democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule of law has
been restored in Zimbabwe, including respect for ownership and title to
property, freedom of speech and association.
GENDER-BASED VIOLENCE
Sec. 573. Programs funded under titles II and III of this Act that
provide training for foreign police, judicial, and military officials,
shall include, where appropriate, programs and activities that address
gender-based violence.
limitation on economic support fund assistance for certain foreign
governments that are parties to the international criminal court
Sec. 574. (a) None of the funds made available in this Act in title
II under the heading ``Economic Support Fund'' may be used to provide
assistance to the government of a country that is a party to the
International Criminal Court and has not entered into an agreement with
the United States pursuant to Article 98 of the Rome Statute preventing
the International Criminal Court from proceeding against United States
personnel present in such country.
(b) The President may, with prior notice to Congress, waive the
prohibition of subsection (a) with respect to a North Atlantic Treaty
Organization (``NATO'') member country, a major non-NATO ally
(including Australia, Egypt, Israel, Japan, Jordan, Argentina, the
Republic of Korea, and New Zealand), Taiwan, or such other country as
he may determine if he determines and reports to the appropriate
congressional committees that it is important to the national interests
of the United States to waive such prohibition.
(c) The President may, with prior notice to Congress, waive the
prohibition of subsection (a) with respect to a particular country if
he determines and reports to the appropriate congressional committees
that such country has entered into an agreement with the United States
pursuant to Article 98 of the Rome Statute preventing the International
Criminal Court from proceeding against United States personnel present
in such country.
(d) The prohibition of this section shall not apply to countries
otherwise eligible for assistance under the Millennium Challenge Act of
2003, notwithstanding section 606(a)(2)(B) of such Act.
(e) Funds appropriated for fiscal year 2005 under the heading
``Economic Support Fund'' may be made available for democracy and rule
of law programs and activities, notwithstanding the provisions of
section 574 of division D of Public Law 108-447.
TIBET
Sec. 575. (a) The Secretary of the Treasury should instruct the
United States executive director to each international financial
institution to use the voice and vote of the United States to support
projects in Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or facilitate the
transfer of ownership of Tibetan land and natural resources to non-
Tibetans; are based on a thorough needs-assessment; foster self-
sufficiency of the Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.
(b) Notwithstanding any other provision of law, not less than
$4,000,000 of the funds appropriated by this Act under the heading
``Economic Support Fund'' should be made available to 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, and not less than $250,000 should be made
available to the National Endowment for Democracy for human rights and
democracy programs relating to Tibet.
central america
Sec. 576. (a) Of the funds appropriated by this Act under the
headings ``Child Survival and Health Programs Fund'' and ``Development
Assistance'', not less than the amount of funds 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.
(b) In addition to the amounts requested under the heading
``Economic Support Fund'' for assistance for Nicaragua and Guatemala in
fiscal year 2006, not less than $1,500,000 should be made available for
electoral assistance, media and civil society programs, and activities
to combat corruption and strengthen democracy in Nicaragua, and not
less than $1,500,000 should be made available for programs and
activities to combat organized crime, crimes of violence specifically
targeting women, and corruption in Guatemala.
(c) Funds made available pursuant to subsection (b) shall be
subject to prior consultation with the Committees on Appropriations.
united states agency for international development management
(including transfer of funds)
Sec. 577. (a) Authority.--Up to $75,000,000 of the funds made
available in this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961, including funds appropriated under the
heading ``Assistance for Eastern Europe and the Baltic States'', may be
used by the United States Agency for International 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 subsection (a) may only be used
to the extent that an equivalent number of positions that are filled by
personal services contractors or other nondirect-hire employees of
USAID, who are compensated with funds appropriated to carry out part I
of the Foreign Assistance Act of 1961, including funds appropriated
under the heading ``Assistance for Eastern Europe and the Baltic
States'', are eliminated.
(d) Priority Sectors.--In exercising the authority of this 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) Management Reform Pilot.--Of the funds made available in
subsection (a), USAID may use, in addition to funds otherwise available
for such purposes, up to $10,000,000 to fund overseas support costs of
members of the Foreign Service with a Foreign Service rank of four or
below: Provided, That such authority is only used to reduce USAID's
reliance on overseas personal services contractors or other nondirect-
hire employees compensated with funds appropriated to carry out part I
of the Foreign Assistance Act of 1961, including funds appropriated
under the heading ``Assistance for Eastern Europe and the Baltic
States''.
(h) Disaster Surge Capacity.--Funds appropriated by this Act to
carry out part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe and the
Baltic States'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs) of
individuals detailed to or employed by the United States Agency for
International Development whose primary responsibility is to carry out
programs in response to natural disasters.
hipc debt reduction
Sec. 578. Section 501(b) of H.R. 3425, as enacted into law by
section 1000(a)(5) of division B of Public Law 106-113 (113 Stat.
1501A-311), is amended by adding at the end the following new
paragraph:
``(5) The Act of March 11, 1941 (chapter 11; 55 Stat. 31; 22
U.S.C. 411 et seq.; commonly known as the `Lend-Lease Act').''.
opic transfer authority
(including transfer of funds)
Sec. 579. Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of 1961, up
to a total of $20,000,000 of the funds appropriated under title II of
this Act may be transferred to and merged with funds 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.
limitation on funds relating to attendance of Federal employees at
conferences occurring outside the United States
Sec. 580. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of agencies or departments of the United States Government who are
stationed in the United States, at any single international conference
occurring outside the United States, unless the Secretary of State
determines that such attendance is in the national interest: Provided,
That for purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the United
States Government and representatives of foreign governments,
international organizations, or nongovernmental organizations.
limitation on assistance to foreign countries that refuse to
extradite to the United States any individual accused in the United
States of killing a law enforcement officer
Sec. 581. None of the funds made available in this Act for the
Department of State may be used to provide assistance to the central
government of a country which has notified the Department of State of
its refusal to extradite to the United States any individual indicted
in the United States for killing a law enforcement officer, as
specified in a United States extradition request, unless the Secretary
of State certifies to the Committees on Appropriations in writing that
the application of the restriction to a country or countries is
contrary to the national interest of the United States.
prohibition against direct funding for saudi arabia
Sec. 582. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance any assistance to Saudi Arabia: Provided, That the President
may waive the prohibition of this section if he certifies to the
Committees on Appropriations, 15 days prior to the obligation of funds
for assistance for Saudi Arabia, that Saudi Arabia is cooperating with
efforts to combat international terrorism and that the proposed
assistance will help facilitate that effort.
Governments that have failed to permit certain extraditions
Sec. 583. None of the funds made available in this Act for the
Department of State, other than funds provided under the heading
``International Narcotics Control and Law Enforcement'', may be used to
provide assistance to the central government of a country with which
the United States has an extradition treaty and which government has
notified the Department of State of its refusal to extradite to the
United States any individual indicted for a criminal offense for which
the maximum penalty is life imprisonment without the possibility of
parole, unless the Secretary of State certifies to the Committees on
Appropriations in writing that the application of this restriction to a
country or countries is contrary to the national interest of the United
States.
reporting requirement
Sec. 584. The Secretary of State shall provide the Committees on
Appropriations, not later than April 1, 2006, and for each fiscal
quarter, a report in writing on the uses of funds made available under
the headings ``Foreign Military Financing Program'', ``International
Military Education and Training'', and ``Peacekeeping Operations'':
Provided, That such report shall include a description of the
obligation and expenditure of funds, and the specific country in
receipt of, and the use or purpose of the assistance provided by such
funds.
ENVIRONMENT PROGRAMS
Sec. 585. (a) Funding.--Of the funds appropriated under the heading
``Development Assistance'', not less than $165,500,000 shall be made
available for programs and activities which directly protect
biodiversity, including forests, in developing countries, of which not
less than $10,000,000 should be made available to implement the United
States Agency for International Development's biodiversity conservation
strategy for the Amazon basin, which amount shall be in addition to the
amounts requested for biodiversity activities in these countries in
fiscal year 2006: Provided, That of the funds appropriated by this Act,
not less than $17,500,000 should be made available for the Congo Basin
Forest Partnership of which not less than $2,500,000 should be made
available to the United States Fish and Wildlife Service for the
protection of great apes in Central Africa: Provided further, That of
the funds appropriated by this Act, not less than $180,000,000 shall be
made available to support clean energy and other climate change
policies and programs in developing countries, of which $100,000,000
should be made available to directly promote and deploy energy
conservation, energy efficiency, and renewable and clean energy
technologies, and of which the balance should be made available to
directly: (1) measure, monitor, and reduce greenhouse gas emissions;
(2) increase carbon sequestration activities; and (3) enhance climate
change mitigation and adaptation programs.
(b) Climate Change Report.--Not later than 60 days after the date
on which the President's fiscal year 2007 budget request is submitted
to Congress, the President shall submit a report to the Committees on
Appropriations describing in detail the following--
(1) all Federal agency obligations and expenditures, domestic
and international, for climate change programs and activities in
fiscal year 2006, including an accounting of expenditures by agency
with each agency identifying climate change activities and
associated costs by line item as presented in the President's
Budget Appendix; and
(2) all fiscal year 2005 obligations and estimated
expenditures, fiscal year 2006 estimated expenditures and estimated
obligations, and fiscal year 2007 requested funds by the United
States Agency for International Development, by country and central
program, for each of the following: (i) to promote the transfer and
deployment of a wide range of United States clean energy and energy
efficiency technologies; (ii) to assist in the measurement,
monitoring, reporting, verification, and reduction of greenhouse
gas emissions; (iii) to promote carbon capture and sequestration
measures; (iv) to help meet such countries' responsibilities under
the Framework Convention on Climate Change; and (v) to develop
assessments of the vulnerability to impacts of climate change and
mitigation and adaptation response strategies.
(c) Extraction of Natural Resources.--
(1) The Secretary of the Treasury shall inform the managements
of the international financial institutions and the public that it
is the policy of the United States that any assistance by such
institutions (including but not limited to any loan, credit, grant,
or guarantee) for the extraction and export of oil, gas, coal,
timber, or other natural resource should not be provided unless the
government of the country has in place or is taking the necessary
steps to establish functioning systems for: (A) accurately
accounting for revenues and expenditures in connection with the
extraction and export of the type of natural resource to be
extracted or exported; (B) the independent auditing of such
accounts and the widespread public dissemination of the audits; and
(C) verifying government receipts against company payments
including widespread dissemination of such payment information, and
disclosing such documents as Host Government Agreements, Concession
Agreements, and bidding documents, allowing in any such
dissemination or disclosure for the redaction of, or exceptions
for, information that is commercially proprietary or that would
create competitive disadvantage.
(2) Not later than 180 days after the enactment of this Act,
the Secretary of the Treasury shall submit a report to the
Committees on Appropriations describing, for each international
financial institution, the amount and type of assistance provided,
by country, for the extraction and export of oil, gas, coal,
timber, or other national resource since September 30, 2005.
uzbekistan
Sec. 586. Assistance may be provided to the central Government of
Uzbekistan only if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Uzbekistan is
making substantial and continuing progress in meeting its commitments
under the ``Declaration on the Strategic Partnership and Cooperation
Framework Between the Republic of Uzbekistan and the United States of
America'', including respect for human rights, establishing a genuine
multi-party system, and ensuring free and fair elections, freedom of
expression, and the independence of the media, and that a credible
international investigation of the May 31, 2005, shootings in Andijan
is underway with the support of the Government of Uzbekistan: Provided,
That for the purposes of this section ``assistance'' shall include
excess defense articles.
Central Asia
Sec. 587. (a) Funds appropriated by this Act may be made available
for assistance for the Government of Kazakhstan only if the Secretary
of State determines and reports to the Committees on Appropriations
that the Government of Kazakhstan has made significant improvements in
the protection of human rights during the preceding 6 month period.
(b) The Secretary of State may waive subsection (a) if he
determines and reports to the Committees on Appropriations that such a
waiver is important to the national security of the United States.
(c) Not later than October 1, 2006, the Secretary of State shall
submit a report to the Committees on Appropriations and the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 6-month period ending 30 days prior to
submission of such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided by the United States by
units of the armed forces, border guards, or other security forces
of such countries.
(d) Prior to the initial obligation of assistance for the
Government of Kyrgyzstan, the Secretary of State shall submit a report
to the Committees on Appropriations describing: (1) whether the
Government of Kyrgyzstan is forcibly returning Uzbeks who have fled
violence and political persecution, in violation of the 1951 Geneva
Convention relating to the status of refugees, and the Convention
Against Torture and Other Forms of Cruel, Inhuman, or Degrading
Treatment; (2) efforts made by the United States to prevent such
returns; and (3) the response of the Government of Kyrgyzstan.
(e) For purposes of this section, the term ``countries of Central
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and
Turkmenistan.
disability programs
Sec. 588. (a) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $4,000,000 shall be
made available for programs and activities administered by the United
States Agency for International Development (USAID) to address the
needs and protect the rights of people with disabilities in developing
countries.
(b) Funds appropriated under the heading ``Operating Expenses of
the United States Agency for International Development'' shall be made
available to develop and implement training for staff in overseas USAID
missions to promote the full inclusion and equal participation of
people with disabilities in developing countries.
(c) The Secretary of State, the Secretary of the Treasury, and the
Administrator of USAID shall seek to ensure that, where appropriate,
construction projects funded by this Act are accessible to people with
disabilities and in compliance with the USAID Policy on Standards for
Accessibility for the Disabled, or other similar accessibility
standards.
(d) Of the funds made available pursuant to subsection (a), not
more than 7 percent may be for management, oversight and technical
support.
(e) Not later than 180 days after the date of enactment of this
Act, and 180 days thereafter, the Administrator of USAID shall submit a
report describing the programs, activities, and organizations funded
pursuant to this section.
DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN
FEDERATION
Sec. 589. None of the funds appropriated for assistance under this
Act may be made available for the Government of the Russian Federation,
after 180 days from the date of the enactment of this Act, unless the
President determines and certifies in writing to the Committees on
Appropriations that the Government of the Russian Federation has
implemented no statute, Executive order, regulation or similar
government action that would discriminate, or which has as its
principal effect discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms to
which the Russian Federation is a party.
war crimes in africa
Sec. 590. (a) The Congress reaffirms its support for the efforts of
the International Criminal Tribunal for Rwanda (ICTR) and the Special
Court for Sierra Leone (SCSL) to bring to justice individuals
responsible for war crimes and crimes against humanity in a timely
manner.
(b) Funds appropriated by this Act, including funds for debt
restructuring, may be made available for assistance to the central
government of a country in which individuals indicted by ICTR and SCSL
are credibly alleged to be living, if the Secretary of State determines
and reports to the Committees on Appropriations that such government is
cooperating with ICTR and SCSL, including the surrender and transfer of
indictees in a timely manner: Provided, That this subsection shall not
apply to assistance provided under section 551 of the Foreign
Assistance Act of 1961 or to project assistance under title II of this
Act: Provided further, That the United States shall use its voice and
vote in the United Nations Security Council to fully support efforts by
ICTR and SCSL to bring to justice individuals indicted by such
tribunals in a timely manner.
(c) The prohibition in subsection (b) may be waived on a country by
country basis if the President determines that doing so is in the
national security interest of the United States: Provided, That prior
to exercising such waiver authority, the President shall submit a
report to the Committees on Appropriations, in classified form if
necessary, on: (1) the steps being taken to obtain the cooperation of
the government in surrendering the indictee in question to the court of
jurisdiction; (2) a strategy, including a timeline, for bringing the
indictee before such court; and (3) the justification for exercising
the waiver authority.
(d) Notwithstanding subsections (b) and (c), assistance may be made
available for the central Government of Nigeria after 120 days
following enactment of this Act only if the President submits a report
to the Committees on Appropriations, in classified form if necessary,
on: (1) the steps taken in fiscal years 2003, 2004 and 2005 to obtain
the cooperation of the Government of Nigeria in surrendering Charles
Taylor to the SCSL; and (2) a strategy, including a timeline, for
bringing Charles Taylor before the SCSL.
SECURITY IN ASIA
Sec. 591. (a) Of the funds appropriated under the heading ``Foreign
Military Financing Program'', not less than the following amounts shall
be made available to enhance security in Asia, consistent with
democratic principles and the rule of law--
(1) $30,000,000 for assistance for the Philippines;
(2) $1,000,000 for assistance for Indonesia;
(3) $1,000,000 for assistance for Bangladesh;
(4) $3,000,000 for assistance for Mongolia;
(5) $1,500,000 for assistance for Thailand;
(6) $1,000,000 for assistance for Sri Lanka;
(7) $1,000,000 for assistance for Cambodia;
(8) $500,000 for assistance for Fiji; and
(9) $250,000 for assistance for Tonga.
(b) In addition to amounts appropriated elsewhere in this Act,
$10,000,000 is hereby appropriated for ``Foreign Military Financing
Program'': Provided, That these funds shall be available only to assist
the Philippines in addressing the critical deficiencies identified in
the Joint Defense Assessment of 2003.
(c) Funds made available for assistance for Indonesia pursuant to
subsection (a) may only be made available for the Indonesian Navy,
notwithstanding section 599F of this Act: Provided, That such funds
shall only be made available subject to the regular notification
procedures of the Committees on Appropriations.
(d) Funds made available for assistance for Cambodia pursuant to
subsection (a) shall be made available notwithstanding section 554 of
this Act: Provided, That such funds shall only be made available
subject to the regular notification procedures of the Committees on
Appropriations.
nepal
Sec. 592. (a) Funds appropriated under the heading ``Foreign
Military Financing Program'' may be made available for assistance for
Nepal only if the Secretary of State certifies to the Committees on
Appropriations that the Government of Nepal, including its security
forces, has restored civil liberties, is protecting human rights, and
has demonstrated, through dialogue with Nepal's political parties, a
commitment to a clear timetable to restore multi-party democratic
government consistent with the 1990 Nepalese Constitution.
(b) The Secretary of State may waive the requirements of this
section if the Secretary certifies to the Committees on Appropriations
that to do so is in the national security interests of the United
States.
NEGLECTED DISEASES
Sec. 593. Of the funds appropriated under the heading ``Child
Survival and Health Programs Fund'', not less than $15,000,000 shall be
made available to support an integrated response to the control of
neglected diseases including intestinal parasites, schistosomiasis,
lymphatic filariasis, onchocerciasis, trachoma and leprosy: Provided,
That the Administrator of the United States Agency for International
Development shall consult with the Committees on Appropriations,
representatives from the relevant international technical and
nongovernmental organizations addressing the specific diseases,
recipient countries, donor countries, the private sector, UNICEF and
the World Health Organization: (1) on the most effective uses of such
funds to demonstrate the health and economic benefits of such an
approach; and (2) to develop a multilateral, integrated initiative to
control these diseases that will enhance coordination and effectiveness
and maximize the leverage of United States contributions with those of
other donors: Provided further, That funds made available pursuant to
this section shall be subject to the regular notification procedures of
the Committees on Appropriations.
ORPHANS, DISPLACED AND ABANDONED CHILDREN
Sec. 594. Of the funds appropriated under title II of this Act, not
less than $3,000,000 should be made available for activities to improve
the capacity of foreign government agencies and nongovernmental
organizations to prevent child abandonment, address the needs of
orphans, displaced and abandoned children and provide permanent homes
through family reunification, guardianship and domestic adoptions:
Provided, That funds made available under title II of this Act should
be made available, as appropriate, consistent with--
(1) the goal of enabling children to remain in the care of
their family of origin, but when not possible, placing children in
permanent homes through adoption;
(2) the principle that such placements should be based on
informed consent which has not been induced by payment or
compensation;
(3) the view that long-term foster care or institutionalization
are not permanent options and should be used when no other suitable
permanent options are available; and
(4) the recognition that programs that protect and support
families can reduce the abandonment and exploitation of children.
ADVISOR FOR INDIGENOUS PEOPLES ISSUES
Sec. 595. (a) After consultation with the Committees on
Appropriations and not later than 120 days after enactment of this Act,
the Administrator of the United States Agency for International
Development shall designate an ``Advisor for Indigenous Peoples
Issues'' whose responsibilities shall include--
(1) consulting with representatives of indigenous peoples
organizations;
(2) ensuring that the rights and needs of indigenous peoples
are being respected and addressed in United States Agency for
International Development policies, programs and activities;
(3) monitoring the design and implementation of United States
Agency for International Development policies, programs and
activities which affect indigenous peoples; and
(4) coordinating with other Federal agencies on relevant issues
relating to indigenous peoples.
statement
Sec. 596. (a) Funds provided in this Act for the following accounts
shall be made available for programs and countries in the amounts
contained in the respective tables included in the report accompanying
this Act:
``Child Survival and Health Programs Fund''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic States''.
``Assistance for the Independent States of the Former Soviet
Union''.
``Global HIV/AIDS Initiative''.
``Democracy Fund''.
``International Narcotics Control and Law Enforcement''.
``Andean Counterdrug Initiative''.
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs''.
``Foreign Military Financing Program''.
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts contained in
such tables in the accompanying report shall be subject to the regular
notification procedures of the Committees on Appropriations and section
634A of the Foreign Assistance Act of 1961.
combatting piracy of united states copyrighted materials
Sec. 597. (a) Program Authorized.--The Secretary of State may carry
out a program of activities to combat piracy in countries that are not
members of the Organization for Economic Cooperation and Development
(OECD), including activities as follows:
(1) The provision of equipment and training for law
enforcement, including in the interpretation of intellectual
property laws.
(2) The provision of training for judges and prosecutors,
including in the interpretation of intellectual property laws.
(3) The provision of assistance in complying with obligations
under applicable international treaties and agreements on copyright
and intellectual property.
(b) Consultation With World Intellectual Property Organization.--In
carrying out the program authorized by subsection (a), the Secretary
shall, to the maximum extent practicable, consult with and provide
assistance to the World Intellectual Property Organization in order to
promote the integration of countries described in subsection (a) into
the global intellectual property system.
(c) Funding.--Of the amount appropriated or otherwise made
available under the heading ``International Narcotics Control and Law
Enforcement'', $5,000,000 may be made available in fiscal year 2006 for
the program authorized by subsection (a).
MALARIA
Sec. 598. Of the funds appropriated under the heading ``Child
Survival and Health Programs Fund'', not less than $100,000,000 should
be made available for programs and activities to combat malaria:
Provided, That such funds should be made available in accordance with
country strategic plans incorporating best public health practices,
which should include considerable support for the purchase of
commodities and equipment including: (1) insecticides for indoor
residual spraying that are proven to reduce the transmission of
malaria; (2) pharmaceuticals that are proven effective treatments to
combat malaria; (3) long-lasting insecticide-treated nets used to
combat malaria; and (4) other activities to strengthen the public
health capacity of malaria-affected countries: Provided further, That
no later than 90 days after the date of enactment of this Act, and
every 90 days thereafter until September 30, 2006, the Administrator of
the United States Agency for International Development shall submit to
the Committees on Appropriations a report describing in detail
expenditures to combat malaria during fiscal year 2006.
OVERSIGHT OF IRAQ RECONSTRUCTION
Sec. 599. Subsection (o) of section 3001 of the Emergency
Supplemental Appropriations Act for Defense and for the Reconstruction
of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1234; 5
U.S.C. App. 3 section 8G note), as amended by section 1203(j) of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 2081), is amended by striking
``obligated'' and inserting ``expended''.
NONPROLIFERATION AND COUNTERPROLIFERATION EFFORTS
Sec. 599A. Funds appropriated under title II under the heading
``Nonproliferation, Anti-Terrorism, Demining and Related Programs'' may
be made available to the Under Secretary of State for Arms Control and
International Security for use in certain nonproliferation efforts and
counterproliferation efforts such as increased voluntary dues to the
International Atomic Energy Agency and Proliferation Security
Initiative activities.
PROMOTION OF POLICY GOALS AT MULTILATERAL DEVELOPMENT BANKS
Sec. 599B. Title XV of the International Financial Institutions Act
(22 U.S.C. 262o et seq.) is amended by adding at the end the following:
``SEC. 1505. PROMOTION OF POLICY GOALS.
``(a) The Secretary of the Treasury shall instruct the United
States Executive Director at each multilateral development bank to
inform each such bank and the executive directors of each such bank of
the policy of the United States as set out in this section and to
actively promote this policy and the goals set forth in section 1504 of
this Act. It is the policy of the United States that each bank should--
``(1) require the bank's employees, officers and consultants to
make an annual disclosure of their financial interests and income
and of any other potential source of conflict of interest;
``(2) link project and program design and results to management
and staff performance appraisals, salaries, and bonuses;
``(3) implement voluntary disclosure programs for firms and
individuals participating in projects financed by such bank;
``(4) ensure that all loan, credit, guarantee, and grant
documents and other agreements with borrowers include provisions
for the financial resources and conditionality necessary to ensure
that a person or country that obtains financial support from a bank
complies with applicable bank policies and national and
international laws in carrying out the terms and conditions of such
documents and agreements, including bank policies and national and
international laws pertaining to the comprehensive assessment and
transparency of the activities related to access to information,
public health, safety, and environmental protection;
``(5) implement clear anti-corruption procedures setting forth
the circumstances under which a person will be barred from
receiving a loan, contract, grant, guarantee or credit from such
bank, make such procedures available to the public, and make the
identity of such person available to the public;
``(6) coordinate policies across multilateral development banks
on issues including debarment, cross-debarment, procurement
guidelines, consultant guidelines, and fiduciary standards so that
a person that is debarred by one such bank is subject to a
rebuttable presumption of ineligibility to conduct business with
any other such bank during the specific ineligibility period;
``(7) require each bank borrower and grantee and each bidder,
supplier and contractor for MDB projects to comply with the highest
standard of ethics prohibiting coercive, collusive, corrupt and
fraudulent practices, such as are defined in the World Bank's
Procurement Guidelines of May, 2004;
``(8) maintain a functionally independent Investigations
Office, Auditor General Office and Evaluation Office that are free
from interference in determining the scope of investigations
(including forensic audits), internal auditing (including
assessments of management controls for meeting operational
objectives and complying with bank policies), performing work and
communicating results, and that regularly report to such bank's
board of directors and, as appropriate and in a manner consistent
with such functional independence of the Investigations Office and
the Auditor General Office, to the bank's President;
``(9) require that each candidate for adjustment or budget
support loans demonstrate transparent budgetary and procurement
processes including budget publication and public scrutiny prior to
loan or grant approval;
``(10) require that for each project where compensation is to
be provided to persons adversely affected by the project, such
persons have recourse to an impartial and responsive mechanism to
receive and resolve complaints. The mechanism should be easily
accessible to all segments of the affected community without
impeding access to other judicial or administrative remedies and
without retribution;
``(11) implement best practices in domestic laws and
international conventions against corruption for whistleblower and
witness disclosures and protections against retaliation for
internal and lawful public disclosures by the bank's employees and
others affected by such bank's operations who challenge illegality
or other misconduct that could threaten the bank's mission,
including: (1) best practices for legal burdens of proof; (2)
access to independent adjudicative bodies, including external
arbitration based on consensus selection and shared costs; and (3)
results that eliminate the effects of proven retaliation; and
``(12) require, to the maximum extent possible, that all draft
country strategies are issued for public consideration no less than
45 days before the country strategy is considered by the
multilateral development bank board of directors.
``(b) The Secretary of the Treasury shall, beginning thirty days
after the enactment of this Act and within sixty calendar days of the
meeting of the respective bank's Board of Directors at which such
decisions are made, publish on the Department of the Treasury website a
statement or explanation of the United States position on decisions
related to: (1) operational policies; and (2) any proposal which would
result or be likely to result in a significant effect on the
environment.
``(c) In this section the term `multilateral development bank' has
the meaning given that term in section 1307 of the International
Financial Institutions Act (22 U.S.C. 262m-7) and also includes the
European Bank for Reconstruction and Development and the Global
Environment Facility.''.
AUTHORIZATIONS
Sec. 599C. (a) To authorize the United States participation in and
appropriations for the United States contribution to the fourteenth
replenishment of the resources of the International Development
Association, the International Development Association Act, Public Law
86-565, as amended (22 U.S.C. 284 et seq.), is further amended by
adding at the end thereof the following new section:
``SEC. 23. FOURTEENTH REPLENISHMENT.
``(a) The United States Governor of the International Development
Association is authorized to contribute on behalf of the United States
$2,850,000,000 to the fourteenth replenishment of the resources of the
Association, subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $2,850,000,000 for payment by the Secretary of
the Treasury.''.
(b) To authorize the United States participation in and
appropriations for the United States contribution to the tenth
replenishment of the resources of the African Development Fund, the
African Development Fund Act, Public Law 94-302, as amended (22 U.S.C.
290g et seq.), is further amended by adding at the end thereof the
following new section:
``SEC. 218. TENTH REPLENISHMENT.
``(a) The United States Governor of the Fund is authorized to
contribute on behalf of the United States $407,000,000 to the tenth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $407,000,000 for payment by the Secretary of
the Treasury.''.
(c) To authorize the United States participation in and
appropriations for the United States contribution to the eighth
replenishment of the resources of the Asian Development Fund, the Asian
Development Fund Act, Public Law 92-245, as amended (22 U.S.C. 285 et
seq.), is further amended by adding at the end thereof the following
new section:
``SEC. 32. EIGHTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized to
contribute on behalf of the United States $461,000,000 to the eighth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $461,000,000 for payment by the Secretary of
the Treasury.''.
ANTICORRUPTION PROVISIONS
Sec. 599D. Twenty percent of the funds appropriated by this Act
under the heading ``International Development Association'', shall be
withheld from disbursement until the Secretary of the Treasury
certifies to the appropriate congressional committees that--
(1) World Bank procurement guidelines are applied to all
procurement financed in whole or in part by a loan from the
International Bank for Reconstruction and Development (IBRD) or a
credit agreement or grant from the International Development
Association (IDA);
(2) the World Bank proposal ``Increasing the Use of Country
Systems in Procurement'' dated March 2005 has been withdrawn;
(3) 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;
(4) 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;
(5) 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
(6) loan agreements are made public between the World Bank and
the Borrowers.
assistance for demobilization and disarmament of former irregular
combatants in colombia
Sec. 599E. (a) Availability of Funds.--Of the funds appropriated in
this Act, up to $20,000,000 may be made available in fiscal year 2006
for assistance for the demobilization and disarmament of former members
of foreign terrorist organizations (FTOs) in Colombia, specifically the
United Self-Defense Forces of Colombia (AUC), the Revolutionary Armed
Forces of Colombia (FARC) and the National Liberation Army (ELN), if
the Secretary of State makes a certification described in subsection
(b) to the appropriate congressional committees prior to the initial
obligation of amounts for such assistance for the fiscal year involved.
(b) Certification.--A certification described in this subsection is
a certification that--
(1) assistance for the fiscal year will be provided only for
individuals who have: (A) verifiably renounced and terminated any
affiliation or involvement with FTOs or other illegal armed groups;
and (B) are meeting all the requirements of the Colombia
Demobilization Program, including having disclosed their
involvement in past crimes and their knowledge of the FTO's
structure, financing sources, illegal assets, and the location of
kidnapping victims and bodies of the disappeared;
(2) the Government of Colombia is providing full cooperation to
the Government of the United States to extradite the leaders and
members of the FTOs who have been indicted in the United States for
murder, kidnapping, narcotics trafficking, and other violations of
United States law;
(3) the Government of Colombia is implementing a concrete and
workable framework for dismantling the organizational structures of
foreign terrorist organizations; and
(4) funds shall not be made available as cash payments to
individuals and are available only for activities under the
following categories: verification, reintegration (including
training and education), vetting, recovery of assets for
reparations for victims, and investigations and prosecutions.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations and the Committee on
International Relations of the House of Representatives; and
(B) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act.
INDONESIA
Sec. 599F. (a) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made available for
assistance for Indonesia, and licenses may be issued for the export of
lethal defense articles for the Indonesian Armed Forces, only if the
Secretary of State certifies to the appropriate congressional
committees that--
(1) the Indonesian Government is prosecuting and punishing, in
a manner proportional to the crime, members of the Armed Forces who
have been credibly alleged to have committed gross violations of
human rights;
(2) at the direction of the President of Indonesia, the Armed
Forces are cooperating with civilian judicial authorities and with
international efforts to resolve cases of gross violations of human
rights in East Timor and elsewhere; and
(3) at the direction of the President of Indonesia, the
Government of Indonesia is implementing reforms to improve civilian
control of the military.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on Appropriations
that to do so is in the national security interests of the United
States.
REPORT ON INDONESIAN COOPERATION
Sec. 599G. Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations that describes--
(1) the status of the investigation of the murders of two
United States citizens and one Indonesian citizen that occurred on
August 31, 2002 in Timika, Indonesia, the status of any individuals
indicted within the United States or Indonesia for crimes relating
to those murders, and the status of judicial proceedings relating
to those murders;
(2) the efforts by the Government of Indonesia to arrest
individuals indicted for crimes relating to those murders and any
other actions taken by the Government of Indonesia, including the
Indonesian judiciary, police and Armed Forces, to bring the
individuals responsible for those murders to justice; and
(3) the cooperation provided by the Government of Indonesia,
including the Indonesian judiciary, police and Armed Forces, to
requests related to those murders made by the Secretary of State or
the Director of the Federal Bureau of Investigation.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.