[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3057 Public Print (PP)]
109th CONGRESS
1st Session
H. R. 3057
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2005
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>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:</DELETED>
<DELETED>TITLE I--EXPORT AND INVESTMENT ASSISTANCE</DELETED>
<DELETED>Export-Import Bank of the United States</DELETED>
<DELETED> 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.</DELETED>
<DELETED>subsidy appropriation</DELETED>
<DELETED> For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Export-Import
Bank Act of 1945, as amended, $125,000,000, to remain available until
September 30, 2009: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall remain available until September 30, 2024, for the disbursement
of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2006, 2007, 2008, and 2009: Provided further,
That none of the funds appropriated by this Act or any prior Act
appropriating funds for foreign operations, export financing, and
related programs for tied-aid credits or grants may be used for any
other purpose except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds appropriated
by this paragraph are made available notwithstanding section 2(b)(2) of
the Export-Import Bank Act of 1945, in connection with the purchase or
lease of any product by any Eastern European country, any Baltic State
or any agency or national thereof.</DELETED>
<DELETED>administrative expenses</DELETED>
<DELETED> For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by 5 U.S.C. 3109, and not to
exceed $30,000 for official reception and representation expenses for
members of the Board of Directors, $73,200,000 (reduced by $5,000,000):
Provided, That the Export-Import Bank may accept, and use, payment or
services provided by transaction participants for legal, financial, or
technical services in connection with any transaction for which an
application for a loan, guarantee or insurance commitment has been
made: Provided further, That, notwithstanding subsection (b) of section
117 of the Export Enhancement Act of 1992, subsection (a) thereof shall
remain in effect until October 1, 2006.</DELETED>
<DELETED>Overseas Private Investment Corporation</DELETED>
<DELETED>noncredit account</DELETED>
<DELETED> 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.</DELETED>
<DELETED>program account</DELETED>
<DELETED> For the cost of direct and guaranteed loans, $20,276,000,
as authorized by section 234 of the Foreign Assistance Act of 1961, to
be derived by transfer from the Overseas Private Investment Corporation
Non-Credit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2006 and 2007:
Provided further, That such sums shall remain available through fiscal
year 2014 for the disbursement of direct and guaranteed loans obligated
in fiscal year 2006, and through fiscal year 2015 for the disbursement
of direct and guaranteed loans obligated in fiscal year 2007: Provided
further, That notwithstanding any provision of the Foreign Assistance
Act of 1961, the Overseas Private Investment Corporation is authorized
to undertake any program authorized by title IV of the Foreign
Assistance Act of 1961 in Iraq: Provided further, That funds made
available pursuant to the authority of the previous proviso shall be
subject to the regular notification procedures of the Committees on
Appropriations.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Funds Appropriated to the President</DELETED>
<DELETED>trade and development agency</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE II--BILATERAL ECONOMIC ASSISTANCE</DELETED>
<DELETED>Funds Appropriated to the President</DELETED>
<DELETED> 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:</DELETED>
<DELETED>united states agency for international development</DELETED>
<DELETED>child survival and health programs fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for
child survival, health, and family planning/reproductive health
activities, in addition to funds otherwise available for such purposes,
$1,497,000,000, to remain available until September 30, 2007: Provided,
That this amount shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3) health,
nutrition, water and sanitation programs which directly address the
needs of mothers and children, and related education programs; (4)
assistance for children displaced or orphaned by causes other than
AIDS; (5) programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases, and for assistance to communities severely
affected by HIV/AIDS, including children displaced or orphaned by AIDS;
and (6) family planning/reproductive health: Provided further, That
none of the funds appropriated under this heading may be made available
for nonproject assistance, except that funds may be made available for
such assistance for ongoing health activities: Provided further, That
of the funds appropriated under this heading, not to exceed $250,000,
in addition to funds otherwise available for such purposes, may be used
to monitor and provide oversight of child survival, maternal and family
planning/reproductive health, and infectious disease programs: Provided
further, That the following amounts should be allocated as follows:
$347,000,000 for child survival and maternal health; $25,000,000 for
vulnerable children; $350,000,000 for HIV/AIDS; $200,000,000 for other
infectious diseases; and $375,000,000 for family planning/reproductive
health, including in areas where population growth threatens
biodiversity or endangered species: Provided further, That of the funds
appropriated under this heading, and in addition to funds allocated
under the previous proviso, not less than $200,000,000 shall be made
available for a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria (the ``Global Fund''), and shall be
expended at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in fiscal
year 2006 may be made available to the United States Agency for
International Development for technical assistance related to the
activities of the Global Fund: Provided further, That of the funds
appropriated under this heading, $65,000,000 should be made available
for a United States contribution to The Vaccine Fund, and up to
$6,000,000 may be transferred to and merged with funds appropriated by
this Act under the heading ``Operating Expenses of the United States
Agency for International Development'' for costs directly related to
international health, but funds made available for such costs may not
be derived from amounts made available for contribution under this and
preceding provisos: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations may be made available to any organization or program
which, as determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That none of the funds
made available under this Act may be used to pay for the performance of
abortion as a method of family planning or to motivate or coerce any
person to practice abortions: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That none of the funds made
available under this Act may be used to lobby for or against abortion:
Provided further, That in order to reduce reliance on abortion in
developing nations, funds shall be available only to voluntary family
planning projects which offer, either directly or through referral to,
or information about access to, a broad range of family planning
methods and services, and that any such voluntary family planning
project shall meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be subject to
quotas, or other numerical targets, of total number of births, number
of family planning acceptors, or acceptors of a particular method of
family planning (this provision shall not be construed to include the
use of quantitative estimates or indicators for budgeting and planning
purposes); (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B) program
personnel for achieving a numerical target or quota of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny
any right or benefit, including the right of access to participate in
any program of general welfare or the right of access to health care,
as a consequence of any individual's decision not to accept family
planning services; (4) the project shall provide family planning
acceptors comprehensible information on the health benefits and risks
of the method chosen, including those conditions that might render the
use of the method inadvisable and those adverse side effects known to
be consequent to the use of the method; and (5) the project shall
ensure that experimental contraceptive drugs and devices and medical
procedures are provided only in the context of a scientific study in
which participants are advised of potential risks and benefits; and,
not less than 60 days after the date on which the Administrator of the
United States Agency for International Development determines that
there has been a violation of the requirements contained in paragraph
(1), (2), (3), or (5) of this proviso, or a pattern or practice of
violations of the requirements contained in paragraph (4) of this
proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations, export
financing, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That to the maximum
extent feasible, taking into consideration cost, timely availability,
and best health practices, funds appropriated in this Act or prior
appropriations Acts that are made available for condom procurement
shall be made available only for the procurement of condoms
manufactured in the United States: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits and
failure rates of such use.</DELETED>
<DELETED>development assistance</DELETED>
<DELETED> For necessary expenses of the United States Agency for
International Development to carry out the provisions of sections 103,
105, 106, and subtitle A of title VI of chapter II, and chapter 10 of
part I of the Foreign Assistance Act of 1961, $1,460,000,000, to remain
available until September 30, 2007: Provided, That $214,000,000 should
be allocated for trade capacity building, of which at least $20,000,000
shall be made available for labor and environmental capacity building
activities relating to the free trade agreement with the countries of
Central America and the Dominican Republic: Provided further, That
$365,000,000 should be allocated for basic education: Provided further,
That of the funds appropriated under this heading and managed by the
United States Agency for International Development Bureau of Democracy,
Conflict, and Humanitarian Assistance, not less than $15,000,000 shall
be made available only for programs to improve women's leadership
capacity in recipient countries: Provided further, That such funds may
not be made available for construction: Provided further, That of the
funds appropriated under this heading that are made available for
assistance programs for displaced and orphaned children and victims of
war, not to exceed $37,500, in addition to funds otherwise available
for such purposes, may be used to monitor and provide oversight of such
programs: Provided further, That funds appropriated under this heading
should be made available for programs in sub-Saharan Africa to address
sexual and gender-based violence: Provided further, That up to
$15,000,000 should be made available for drinking water supply projects
in east Africa.</DELETED>
<DELETED>international disaster and famine assistance</DELETED>
<DELETED> For necessary expenses of the United States Agency for
International Development to carry out the provisions of section 491 of
the Foreign Assistance Act of 1961 for international disaster relief,
rehabilitation, and reconstruction assistance, $356,000,000, to remain
available until expended of which $20,000,000 should be for famine
prevention and relief.</DELETED>
<DELETED>transition initiatives</DELETED>
<DELETED> For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to section 491 of
the Foreign Assistance Act of 1961, $50,000,000, to remain available
until expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support may
include assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure, and foster
the peaceful resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
new program of assistance: Provided further, That if the President
determines that is important to the national interests of the United
States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, That funds made available pursuant to the
previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.</DELETED>
<DELETED>development credit authority</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance Act of
1961, up to $21,000,000, to remain available until September 30, 2008,
may be derived by transfer from funds appropriated by this Act to carry
out part I of such Act and under the heading ``Assistance for Eastern
Europe and the Baltic States'': Provided, That such funds shall be made
available only for micro and small enterprise programs, urban programs,
and other programs which further the purposes of part I of the Act:
Provided further, That such costs, including the cost of modifying such
direct and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts, and
funds used for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the Foreign
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as
reported by the House Committee on International Relations on May 9,
1997, shall be applicable to direct loans and loan guarantees provided
under this heading: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $700,000,000.</DELETED>
<DELETED> In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $8,000,000, which may be transferred to and
merged with the appropriation for Operating Expenses of the United
States Agency for International Development: Provided, That funds made
available under this paragraph shall remain available until September
30, 2007.</DELETED>
<DELETED>payment to the foreign service retirement and disability
fund</DELETED>
<DELETED> For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act of 1980,
$41,700,000.</DELETED>
<DELETED>operating expenses of the united states agency for
international development</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961, $630,000,000, of
which up to $25,000,000 may remain available until September 30, 2007:
Provided, That none of the funds appropriated under this heading and
under the heading ``Capital Investment Fund'' may be made available to
finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development, unless the
Administrator has identified such proposed construction (including
architect and engineering services), purchase, or long-term lease of
offices in a report submitted to the Committees on Appropriations at
least 15 days prior to the obligation of these funds for such purposes:
Provided further, That the previous proviso shall not apply where the
total cost of construction (including architect and engineering
services), purchase, or long-term lease of offices does not exceed
$1,000,000: Provided further, That contracts or agreements entered into
with funds appropriated under this heading may entail commitments for
the expenditure of such funds through fiscal year 2006: Provided
further, That none of the funds in this Act may be used to open a new
overseas mission of the United States Agency for International
Development without the prior written notification of the Committees on
Appropriations: Provided further, That the authority of sections 610
and 109 of the Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry out chapter
1 of part I of such Act to ``Operating Expenses of the United States
Agency for International Development'' in accordance with the
provisions of those sections.</DELETED>
<DELETED>capital investment fund</DELETED>
<DELETED> For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section 667 of
the Foreign Assistance Act of 1961, $77,700,000, to remain available
until expended: Provided, That this amount is in addition to funds
otherwise available for such purposes: Provided further, That funds
appropriated under this heading shall be available for obligation only
pursuant to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the amounts appropriated
under this heading, not to exceed $55,800,000 may be made available for
the purposes of implementing the Capital Security Cost Sharing Program:
Provided further, That the Administrator of the United States Agency
for International Development shall assess fair and reasonable rental
payments for the use of space by employees of other United States
Government agencies in buildings constructed using funds appropriated
under this heading, and such rental payments shall be deposited into
this account as an offsetting collection: Provided further, That the
rental payments collected pursuant to the previous proviso and
deposited as an offsetting collection shall be available for obligation
only pursuant to the regular notification procedures of the Committees
on Appropriations: Provided further, That the assignment of United
States Government employees or contractors to space in buildings
constructed using funds appropriated under this heading shall be
subject to the concurrence of the Administrator of the United States
Agency for International Development.</DELETED>
<DELETED>operating expenses of the united states agency for
international development office of inspector general</DELETED>
<DELETED> 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.</DELETED>
<DELETED>other bilateral economic assistance</DELETED>
<DELETED>economic support fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,558,525,000, to remain available until
September 30, 2007: Provided, That of the funds appropriated under this
heading, not less than $240,000,000 shall be available only for Israel,
which sum shall be available on a grant basis as a cash transfer and
shall be disbursed within 30 days of the enactment of this Act:
Provided further, That not less than $495,000,000 shall be available
only for Egypt, which sum shall be provided on a grant basis, and of
which sum cash transfer assistance shall be provided with the
understanding that Egypt will undertake significant economic reforms
which are additional to those which were undertaken in previous fiscal
years: Provided further, That of the funds made available under this
heading for Egypt, not less than $50,000,000 shall be used for programs
to improve and promote democracy, governance, and human rights and not
less than $50,000,000 shall be used for education programs: Provided
further, That with respect to the provision of assistance for Egypt for
democracy and governance activities, the organizations implementing
such assistance and the specific nature of that assistance shall not be
subject to the prior approval by the Government of Egypt: Provided
further, That in exercising the authority to provide cash transfer
assistance for Israel, the President shall ensure that the level of
such assistance does not cause an adverse impact on the total level of
nonmilitary exports from the United States to such country and that
Israel enters into a side letter agreement in an amount proportional to
the fiscal year 1999 agreement: Provided further, That of the funds
appropriated under this heading, not less than $250,000,000 should be
made available only for assistance for Jordan: Provided further, That
$20,000,000 of the funds appropriated under this heading should be made
available for Cyprus to be used only for scholarships, administrative
support of the scholarship program, bicommunal projects, and measures
aimed at reunification of the island and designed to reduce tensions
and promote peace and cooperation between the two communities on
Cyprus: Provided further, That $40,000,000 of the funds appropriated
under this heading should be made available for assistance for Lebanon,
of which not less than $6,000,000 should be made available for
scholarships and direct support of American educational institutions in
Lebanon: Provided further, That funds appropriated under this heading
that are made available for a Middle East Financing Facility, Middle
East Enterprise Fund, or any other similar entity in the Middle East
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That not more than
$225,000,000 of the funds made available for assistance for Afghanistan
under this heading may be obligated for such assistance until the
Secretary of State certifies to the Committees on Appropriations, that
the Government of Afghanistan at both the national and local level, is
cooperating fully with United States funded poppy eradication and
interdiction efforts in Afghanistan: Provided further, That with
respect to funds appropriated under this heading in this Act or prior
Acts making appropriations for foreign operations, export financing,
and related programs, the responsibility for policy decisions and
justifications for the use of such funds, including whether there will
be a program for a country that uses those funds and the amount of each
such program, shall be the responsibility of the Secretary of State and
the Deputy Secretary of State and this responsibility shall not be
delegated.</DELETED>
<DELETED>international fund for ireland</DELETED>
<DELETED> 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.</DELETED>
<DELETED>assistance for eastern europe and the baltic states</DELETED>
<DELETED> (a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $357,000,000, to remain available until
September 30, 2007, which shall be available, notwithstanding any other
provision of law that restricts assistance to foreign countries and
section 660 of the Foreign Assistance Act of 1961, for assistance and
for related programs for Eastern Europe and the Baltic
States.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) The provisions of section 529 of this Act shall apply
to funds appropriated under this heading: Provided, That local
currencies generated by, or converted from, funds appropriated by this
Act and by previous appropriations Acts and made available for the
economic revitalization program in Bosnia may be used in Eastern Europe
and the Baltic States to carry out the provisions of the Foreign
Assistance Act of 1961 and the Support for East European Democracy
(SEED) Act of 1989.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>assistance for the independent states of the former soviet
union</DELETED>
<DELETED> (a) For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of 1961 and
the FREEDOM Support Act, for assistance for the Independent States of
the former Soviet Union and for related programs, $477,000,000, to
remain available until September 30, 2007: Provided, That the
provisions of such chapters shall apply to funds appropriated by this
paragraph: Provided further, That, notwithstanding any provision of the
Freedom Support Act of 1992, funds appropriated under this heading in
this Act or prior Acts making appropriations for foreign operations,
export financing, and related programs, that are made available
pursuant to the provisions of section 807 of Public Law 102-511 shall
be subject to a 6 percent ceiling on administrative expenses.</DELETED>
<DELETED> (b) Of the funds appropriated under this heading, not less
than $52,000,000 should be made available, in addition to funds
otherwise available for such purposes, for assistance for child
survival, environmental and reproductive health, and to combat HIV/
AIDS, tuberculosis and other infectious diseases, and for related
activities.</DELETED>
<DELETED> (c)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government of the Russian
Federation, 60 percent shall be withheld from obligation until the
President determines and certifies in writing to the Committees on
Appropriations that the Government of the Russian Federation--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) is providing full access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in
Chechnya.</DELETED>
<DELETED> (2) Paragraph (1) shall not apply to--</DELETED>
<DELETED> (A) assistance to combat infectious diseases,
child survival activities, or assistance for victims of
trafficking in persons; and</DELETED>
<DELETED> (B) activities authorized under title V
(Nonproliferation and Disarmament Programs and Activities) of
the FREEDOM Support Act.</DELETED>
<DELETED> (d) Section 907 of the FREEDOM Support Act shall not apply
to--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (3) any activity carried out by a member of the
United States and Foreign Commercial Service while acting
within his or her official capacity;</DELETED>
<DELETED> (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.);</DELETED>
<DELETED> (5) any financing provided under the Export-Import
Bank Act of 1945; or</DELETED>
<DELETED> (6) humanitarian assistance.</DELETED>
<DELETED>Independent Agencies</DELETED>
<DELETED>inter-american foundation</DELETED>
<DELETED> 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.</DELETED>
<DELETED>african development foundation</DELETED>
<DELETED> For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980, Public
Law 96-533, $20,500,000, to remain available until September 30, 2007:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the board of
directors of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the African
Development Foundation Act, in exceptional circumstances the board of
directors of the Foundation may waive the $250,000 limitation contained
in that section with respect to a project: Provided further, That the
Foundation shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.</DELETED>
<DELETED>peace corps</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), including the purchase of not to exceed
five passenger motor vehicles for administrative purposes for use
outside of the United States, $325,000,000, to remain available until
September 30, 2007: Provided, That none of the funds appropriated under
this heading shall be used to pay for abortions: Provided further, That
the Director may transfer to the Foreign Currency Fluctuations Account,
as authorized by 22 U.S.C. 2515, an amount not to exceed $2,000,000:
Provided further, That funds transferred pursuant to the previous
proviso may not be derived from amounts made available for Peace Corps
overseas operations.</DELETED>
<DELETED>millennium challenge corporation</DELETED>
<DELETED> For necessary expenses for the ``Millennium Challenge
Corporation'', $1,750,000,000 to remain available until expended:
Provided, That of the funds appropriated under this heading, up to
$75,000,000 may be available for administrative expenses of the
Millennium Challenge Corporation: Provided further, That up to 10
percent of the funds appropriated under this heading may be made
available to carry out the purposes of section 616 of the Millennium
Challenge Act of 2003: Provided further, That none of the funds
available to carry out section 616 of such Act may be made available
until the Chief Executive Officer of the Millennium Challenge
Corporation provides a report to the Committees on Appropriations
listing the candidate countries that will be receiving assistance under
section 616 of such Act, the level of assistance proposed for each such
country, a description of the proposed programs, projects and
activities, and the implementing agency or agencies of the United
States Government: Provided further, That section 605(e)(4) of the
Millennium Challenge Act of 2003 shall apply to funds appropriated
under this heading: Provided further, That funds appropriated under
this heading may be made available for a Millennium Challenge Compact
entered into pursuant to section 609 of the Millennium Challenge Act of
2003 only if such Compact obligates, or contains a commitment to
obligate subject to the availability of funds and the mutual agreement
of the parties to the Compact to proceed, the entire amount of the
United States Government funding anticipated for the duration of the
Compact.</DELETED>
<DELETED>Department of State</DELETED>
<DELETED>global hiv/aids initiative</DELETED>
<DELETED> For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $1,920,000,000 (reduced by
$1,000,000) (increased by $1,000,000), to remain available until
expended: Provided, That of the funds appropriated under this heading,
not less than $200,000,000 shall be made available for a United States
Contribution to the Global Fund to Fight AIDS, Turberculosis and
Malaria (the ``Global Fund''), and shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That not more than $12,000,000 of the funds
appropriated under this heading may be made available for
administrative expenses of the Office of the Coordinator of United
States Government Activities to Combat HIV/AIDS Globally of the
Department of State.</DELETED>
<DELETED>international narcotics control and law enforcement</DELETED>
<DELETED> For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $437,400,000 (increased by $5,000,000),
to remain available until September 30, 2008: Provided, That during
fiscal year 2006, the Department of State may also use the authority of
section 608 of the Foreign Assistance Act of 1961, without regard to
its restrictions, to receive excess property from an agency of the
United States Government for the purpose of providing it to a foreign
country under chapter 8 of part I of that Act subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That the Secretary of State shall provide to the Committees on
Appropriations not later than 45 days after the date of the enactment
of this Act and prior to the initial obligation of funds appropriated
under this heading, a report on the proposed uses of all funds under
this heading on a country-by-country basis for each proposed program,
project, or activity: Provided further, That $10,000,000 of the funds
appropriated under this heading should be made available for demand
reduction programs: Provided further, That of the funds appropriated
under this heading, not more than $33,484,000 may be available for
administrative expenses.</DELETED>
<DELETED>andean counterdrug initiative</DELETED>
<DELETED> For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support counterdrug activities in the
Andean region of South America, $734,500,000, to remain available until
September 30, 2008: Provided, That in fiscal year 2006, funds available
to the Department of State for assistance to the Government of Colombia
shall be available to support a unified campaign against narcotics
trafficking, against activities by organizations designated as
terrorist organizations such as the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN), and the United
Self-Defense Forces of Colombia (AUC), and to take actions to protect
human health and welfare in emergency circumstances, including
undertaking rescue operations: Provided further, That this authority
shall cease to be effective if the Secretary of State has credible
evidence that the Colombian Armed Forces are not conducting vigorous
operations to restore government authority and respect for human rights
in areas under the effective control of paramilitary and guerrilla
organizations: Provided further, That the President shall ensure that
if any helicopter procured with funds under this heading is used to aid
or abet the operations of any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately returned to
the United States: Provided further, That the Secretary of State, in
consultation with the Administrator of the United States Agency for
International Development, shall provide to the Committees on
Appropriations not later than 45 days after the date of the enactment
of this Act and prior to the initial obligation of funds appropriated
under this heading, a report on the proposed uses of all funds under
this heading on a country-by-country basis for each proposed program,
project, or activity: Provided further, That funds made available in
this Act for demobilization/reintegration of members of foreign
terrorist organizations in Colombia shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That section 482(b) of
the Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading: Provided further, That assistance
provided with funds appropriated under this heading that is made
available notwithstanding section 482(b) of the Foreign Assistance Act
of 1961 shall be made available subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
no United States Armed Forces personnel or United States civilian
contractor employed by the United States will participate in any combat
operation in connection with assistance made available by this Act for
Colombia: Provided further, That of the funds appropriated under this
heading, not more than $19,015,000 may be available for administrative
expenses of the Department of State, and not more than $7,800,000 may
be available, in addition to amounts otherwise available for such
purposes, for administrative expenses of the United States Agency for
International Development.</DELETED>
<DELETED>migration and refugee assistance</DELETED>
<DELETED> For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by law, a
contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the International
Organization for Migration and the United Nations High Commissioner for
Refugees, and other activities to meet refugee and migration needs;
salaries and expenses of personnel and dependents as authorized by the
Foreign Service Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and hire of
passenger motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $790,720,000, which shall remain available
until expended: Provided, That not more than $22,000,000 may be
available for administrative expenses: Provided further, That funds
appropriated under this heading may be made available for a
headquarters contribution to the International Committee of the Red
Cross only if the Secretary of State determines (and so reports to the
appropriate committees of Congress) that the Magen David Adom Society
of Israel is not being denied participation in the activities of the
International Red Cross and Red Crescent Movement.</DELETED>
<DELETED>united states emergency refugee and migration assistance
fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>nonproliferation, anti-terrorism, demining and related
programs</DELETED>
<DELETED> For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities, $400,350,000
(increased by $7,000,000) (reduced by $7,000,000), to carry out the
provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section
23 of the Arms Export Control Act or the Foreign Assistance Act of 1961
for demining activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities, notwithstanding any
other provision of law that restricts assistance to foreign countries,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign Assistance
Act of 1961 for a voluntary contribution to the International Atomic
Energy Agency (IAEA), and for a United States contribution to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided,
That of this amount not to exceed $37,500,000, to remain available
until expended, may be made available for the Nonproliferation and
Disarmament Fund, notwithstanding any other provision of law that
restricts assistance to foreign countries, to promote bilateral and
multilateral activities relating to nonproliferation and disarmament:
Provided further, That such funds may also be used for such countries
other than the Independent States of the former Soviet Union and
international organizations when it is in the national security
interest of the United States to do so: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of State
determines (and so reports to the Congress) that Israel is not being
denied its right to participate in the activities of that Agency:
Provided further, That of the funds made available for demining and
related activities, not to exceed $705,000, in addition to funds
otherwise available for such purposes, may be used for administrative
expenses related to the operation and management of the demining
program: Provided further, That funds appropriated under this heading
that are available for ``Anti-terrorism Assistance'' and ``Export
Control and Border Security'' shall remain available until September
30, 2007: Provided further, That funds appropriated under this heading
shall be made available for programs and countries in the amounts
contained in the table included in the report accompanying this Act:
Provided further, That any proposed increases or decreases to the
amounts contained in such table shall be subject to the regular
notification procedures of the Committee on Appropriations and section
634A of the Foreign Assistance Act of 1961 and notifications shall be
transmitted at least 15 days in advance of the obligation of
funds.</DELETED>
<DELETED>Department of the Treasury</DELETED>
<DELETED>international affairs technical assistance</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961, $20,000,000, to
remain available until September 30, 2009, which shall be available
notwithstanding any other provision of law that restricts assistance to
foreign countries.</DELETED>
<DELETED>debt restructuring</DELETED>
<DELETED> For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds have been
appropriated or otherwise made available for programs within the
International Affairs Budget Function 150, including the cost of
selling, reducing, or canceling amounts owed to the United States as a
result of concessional loans made to eligible countries, pursuant to
parts IV and V of the Foreign Assistance Act of 1961, of modifying
concessional credit agreements with least developed countries, as
authorized under section 411 of the Agricultural Trade Development and
Assistance Act of 1954, as amended, of concessional loans, guarantees
and credit agreements, as authorized under section 572 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1989 (Public Law 100-461), and of canceling amounts owed, as a result
of loans or guarantees made pursuant to the Export-Import Bank Act of
1945, by countries that are eligible for debt reduction pursuant to
title V of H.R. 3425 as enacted into law by section 1000(a)(5) of
Public Law 106-113, $65,000,000, to remain available until September
30, 2008: Provided, That not less than $20,000,000 of the funds
appropriated under this heading shall be made available to carry out
the provisions of part V of the Foreign Assistance Act of 1961:
Provided further, That up to $45,000,000 of the funds appropriated
under this heading may be used by the Secretary of the Treasury to pay
to the Heavily Indebted Poor Countries (HIPC) Trust Fund administered
by the International Bank for Reconstruction and Development amounts
for the benefit of countries that are eligible for debt reduction
pursuant to title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106-113: Provided further, That amounts paid
to the HIPC Trust Fund may be used only to fund debt reduction under
the enhanced HIPC initiative by--</DELETED>
<DELETED> (1) the Inter-American Development Bank;</DELETED>
<DELETED> (2) the African Development Fund;</DELETED>
<DELETED> (3) the African Development Bank; and</DELETED>
<DELETED> (4) the Central American Bank for Economic
Integration:</DELETED>
<DELETED>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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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:</DELETED>
<DELETED>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.</DELETED>
<DELETED>TITLE III--MILITARY ASSISTANCE</DELETED>
<DELETED>Funds Appropriated to the President</DELETED>
<DELETED>international military education and training</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961, $86,744,000, of
which up to $3,000,000 may remain available until expended: Provided,
That the civilian personnel for whom military education and training
may be provided under this heading may include civilians who are not
members of a government whose participation would contribute to
improved civil-military relations, civilian control of the military, or
respect for human rights: Provided further, That funds appropriated
under this heading for military education and training for Nigeria may
only be provided through the regular notification procedures of the
Committees on Appropriations.</DELETED>
<DELETED>foreign military financing program</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export Control
Act, $4,442,300,000: Provided, That of the funds appropriated under
this heading, not less than $2,280,000,000 shall be available for
grants only for Israel, and not less than $1,300,000,000 shall be made
available for grants only for Egypt: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed within 30
days of the enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph shall, as
agreed by Israel and the United States, be available for advanced
weapons systems, of which not less than $595,000,000 shall be available
for the procurement in Israel of defense articles and defense services,
including research and development: Provided further, That of the funds
appropriated by this paragraph, $206,000,000 should be made available
for assistance for Jordan: Provided further, That funds appropriated or
otherwise made available by this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms Export
Control Act: Provided further, That funds made available under this
paragraph shall be obligated upon apportionment in accordance with
paragraph (5)(C) of title 31, United States Code, section
1501(a).</DELETED>
<DELETED> None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the funds
appropriated under this heading shall be available for assistance for
Sudan and Guatemala: Provided further, That funds made available under
this heading may be used, notwithstanding any other provision of law
that restricts assistance to foreign countries, for demining, the
clearance of unexploded ordnance, and related activities, and may
include activities implemented through nongovernmental and
international organizations: Provided further, That only those
countries for which assistance was justified for the ``Foreign Military
Sales Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds made
available under this heading for procurement of defense articles,
defense services or design and construction services that are not sold
by the United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$41,600,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales: Provided further, That not more than $373,000,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department of Defense
during fiscal year 2006 pursuant to section 43(b) of the Arms Export
Control Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations: Provided further, That foreign military financing
program funds estimated to be outlayed for Egypt during fiscal year
2006 shall be transferred to an interest bearing account for Egypt in
the Federal Reserve Bank of New York within 30 days of enactment of
this Act.</DELETED>
<DELETED>peacekeeping operations</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961, $177,800,000:
Provided, That none of the funds appropriated under this heading shall
be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.</DELETED>
<DELETED>TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE</DELETED>
<DELETED>funds appropriated to the president</DELETED>
<DELETED>international financial institutions</DELETED>
<DELETED>contribution to the international development
association</DELETED>
<DELETED> For payment to the International Development Association
by the Secretary of the Treasury, $950,000,000, to remain available
until expended.</DELETED>
<DELETED>contribution to the multilateral investment guarantee
agency</DELETED>
<DELETED> For payment to the Multilateral Investment Guarantee
Agency by the Secretary of the Treasury, $1,741,515, to remain
available until expended.</DELETED>
<DELETED>limitation on callable capital subscriptions</DELETED>
<DELETED> 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.</DELETED>
<DELETED>contribution to the inter-american investment
corporation</DELETED>
<DELETED> For payment to the Inter-American Investment Corporation
by the Secretary of the Treasury, $1,741,515, to remain available until
expended.</DELETED>
<DELETED>contribution to the enterprise for the americas multilateral
investment fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>contribution to the asian development fund</DELETED>
<DELETED> For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended, $115,250,000,
to remain available until expended.</DELETED>
<DELETED>contribution to the african development bank</DELETED>
<DELETED> For payment to the African Development Bank by the
Secretary of the Treasury, $5,638,350, for the United States paid-in
share of the increase in capital stock, to remain available until
expended.</DELETED>
<DELETED>limitation on callable capital subscriptions</DELETED>
<DELETED> 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.</DELETED>
<DELETED>contribution to the african development fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>contribution to the european bank for reconstruction and
development</DELETED>
<DELETED> 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.</DELETED>
<DELETED>limitation on callable capital subscriptions</DELETED>
<DELETED> 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.</DELETED>
<DELETED>contribution to the international fund for agricultural
development</DELETED>
<DELETED> 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.</DELETED>
<DELETED>international organizations and programs</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of section 2 of
the United Nations Environment Program Participation Act of 1973,
$328,958,000: Provided, That none of the funds appropriated under this
heading may be made available to the International Atomic Energy Agency
(IAEA).</DELETED>
<DELETED>TITLE V--GENERAL PROVISIONS</DELETED>
<DELETED>compensation for united states executive directors to
international financial institutions</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>restrictions on voluntary contributions to united nations
agencies</DELETED>
<DELETED> 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.</DELETED>
<DELETED>limitation on residence expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>limitation on expenses</DELETED>
<DELETED> Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for entertainment
expenses of the United States Agency for International Development
during the current fiscal year.</DELETED>
<DELETED>limitation on representational allowances</DELETED>
<DELETED> Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $125,000 shall be available for
representation allowances for the United States Agency for
International Development during the current fiscal year: Provided,
That appropriate steps shall be taken to assure that, to the maximum
extent possible, United States-owned foreign currencies are utilized in
lieu of dollars: Provided further, That of the funds made available by
this Act for general costs of administering military assistance and
sales under the heading ``Foreign Military Financing Program'', not to
exceed $4,000 shall be available for entertainment expenses and not to
exceed $130,000 shall be available for representation allowances:
Provided further, That of the funds made available by this Act under
the heading ``International Military Education and Training'', not to
exceed $55,000 shall be available for entertainment allowances:
Provided further, That of the funds made available by this Act for the
Inter-American Foundation, not to exceed $2,000 shall be available for
entertainment and representation allowances: Provided further, That of
the funds made available by this Act for the Peace Corps, not to exceed
a total of $4,000 shall be available for entertainment expenses:
Provided further, That of the funds made available by this Act under
the heading ``Trade and Development Agency'', not to exceed $4,000
shall be available for representation and entertainment allowances:
Provided further, That of the funds made available by this Act under
the heading ``Millennium Challenge Corporation'', not to exceed
$115,000 shall be available for representation and entertainment
allowances.</DELETED>
<DELETED>prohibition on taxation of united states assistance</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Determinations.--</DELETED>
<DELETED> (1) The provisions of this section shall not apply
to any country or entity the Secretary of State determines--
</DELETED>
<DELETED> (A) does not assess taxes on United States
assistance or which has an effective arrangement that
is providing substantial reimbursement of such taxes;
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) Definitions.--As used in this section--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>prohibition against direct funding for certain
countries</DELETED>
<DELETED> Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, Libya, North
Korea, Iran, or Syria: Provided, That for purposes of this section,
except with respect to Libya, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance and
guarantees of the Export-Import Bank or its agents.</DELETED>
<DELETED>military coups</DELETED>
<DELETED> 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.</DELETED>
<DELETED>transfers</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>commercial leasing of defense articles</DELETED>
<DELETED> Sec. 510. Notwithstanding any other provision of law that
restricts assistance to foreign countries, and subject to the regular
notification procedures of the Committees on Appropriations, the
authority of section 23(a) of the Arms Export Control Act may be used
to provide financing to Israel, Egypt and NATO and major non-NATO
allies for the procurement by leasing (including leasing with an option
to purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible civilian
application), if the President determines that there are compelling
foreign policy or national security reasons for those defense articles
being provided by commercial lease rather than by government-to-
government sale under such Act.</DELETED>
<DELETED>availability of funds</DELETED>
<DELETED> 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.</DELETED>
<DELETED>limitation on assistance to countries in default</DELETED>
<DELETED> 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.</DELETED>
<DELETED>commerce and trade</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) research activities intended primarily to
benefit American producers.</DELETED>
<DELETED>surplus commodities</DELETED>
<DELETED> 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.</DELETED>
<DELETED>notification requirements</DELETED>
<DELETED> Sec. 515. For the purposes of providing the executive
branch with the necessary administrative flexibility, none of the funds
made available under this Act for ``Child Survival and Health Programs
Fund'', ``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Initiative'',
``Assistance for Eastern Europe and the Baltic States'', ``Assistance
for the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Global HIV/AIDS Initiative'', ``Peacekeeping
Operations'', ``Capital Investment Fund'', ``Operating Expenses of the
United States Agency for International Development'', ``Operating
Expenses of the United States Agency for International Development
Office of Inspector General'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Millennium Challenge Corporation''
(by country only), ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Peace Corps'', and
``Migration and Refugee Assistance'', shall be available for obligation
for activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of the amount
justified to the Committees on Appropriations for obligation under any
of these specific headings unless the Committees on Appropriations of
both Houses of Congress are previously notified 15 days in advance:
Provided, That the President shall not enter into any commitment of
funds appropriated for the purposes of section 23 of the Arms Export
Control Act for the provision of major defense equipment, other than
conventional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified
to Congress or 20 percent in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified 15 days
in advance of such commitment: Provided further, That this section
shall not apply to any reprogramming for an activity, program, or
project for which funds are appropriated under title II of this Act of
less than 10 percent of the amount previously justified to the Congress
for obligation for such activity, program, or project for the current
fiscal year: Provided further, That the requirements of this section or
any similar provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided further, That in case of any such waiver,
notification to the Congress, or the appropriate congressional
committees, shall be provided as early as practicable, but in no event
later than 3 days after taking the action to which such notification
requirement was applicable, in the context of the circumstances
necessitating such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an explanation of the
emergency circumstances.</DELETED>
<DELETED>limitation on availability of funds for international
organizations and programs</DELETED>
<DELETED> 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.</DELETED>
<DELETED>independent states of the former soviet union</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) unless that government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, respect for commercial
contracts, and equitable treatment of foreign private
investments; and</DELETED>
<DELETED> (2) if that government applies or transfers United
States assistance to any entity for the purpose of
expropriating or seizing ownership or control of assets,
investments, or ventures.</DELETED>
<DELETED>Assistance may be furnished without regard to this subsection
if the President determines that to do so is in the national
interest.</DELETED>
<DELETED> (b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet Union''
shall be made available for assistance for a government of an
Independent State of the former Soviet Union if that government directs
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided,
That such funds may be made available without regard to the restriction
in this subsection if the President determines that to do so is in the
national security interest of the United States.</DELETED>
<DELETED> (c) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet Union''
shall be made available for any state to enhance its military
capability: Provided, That this restriction does not apply to
demilitarization, demining or nonproliferation programs.</DELETED>
<DELETED> (d) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the
regular notification procedures of the Committees on
Appropriations.</DELETED>
<DELETED> (e) Funds made available in this Act for assistance for
the Independent States of the former Soviet Union shall be subject to
the provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.</DELETED>
<DELETED> (f) In issuing new task orders, entering into contracts,
or making grants, with funds appropriated in this Act or prior
appropriations Acts under the heading ``Assistance for the Independent
States of the Former Soviet Union'' and under comparable headings in
prior appropriations Acts, for projects or activities that have as one
of their primary purposes the fostering of private sector development,
the Coordinator for United States Assistance to Europe and Eurasia and
the implementing agency shall encourage the participation of and give
significant weight to contractors and grantees who propose investing a
significant amount of their own resources (including volunteer services
and in-kind contributions) in such projects and activities.</DELETED>
<DELETED>prohibition on funding for abortions and involuntary
sterilization</DELETED>
<DELETED> 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.</DELETED>
<DELETED>export financing transfer authorities</DELETED>
<DELETED> 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.</DELETED>
<DELETED>special notification requirements</DELETED>
<DELETED> Sec. 520. None of the funds appropriated by this Act shall
be obligated or expended for Serbia, Sudan, Zimbabwe, or Pakistan,
except as provided through the regular notification procedures of the
Committees on Appropriations.</DELETED>
<DELETED>definition of program, project, and activity</DELETED>
<DELETED> 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.</DELETED>
<DELETED>child survival and health activities</DELETED>
<DELETED> Sec. 522. Up to $13,500,000 of the funds made available by
this Act for assistance under the heading ``Child Survival and Health
Programs Fund'', may be used to reimburse United States Government
agencies, agencies of State governments, institutions of higher
learning, and private and voluntary organizations for the full cost of
individuals (including for the personal services of such individuals)
detailed or assigned to, or contracted by, as the case may be, the
United States Agency for International Development for the purpose of
carrying out activities under that heading: Provided, That up to
$3,500,000 of the funds made available by this Act for assistance under
the heading ``Development Assistance'' may be used to reimburse such
agencies, institutions, and organizations for such costs of such
individuals carrying out other development assistance activities:
Provided further, That funds appropriated by titles II and III of this
Act that are made available for bilateral assistance for child survival
activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any provision of the Foreign
Assistance Act of 1961 and any other provision of law that restricts
assistance to foreign countries except for the provisions under the
heading ``Child Survival and Health Programs Fund'' and the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended.</DELETED>
<DELETED>afghanistan</DELETED>
<DELETED> Sec. 523. Of the funds appropriated by titles II and III
of this Act, not less than $954,000,000 should be made available for
humanitarian, reconstruction, and related assistance for Afghanistan:
Provided, That of the funds allocated for assistance for Afghanistan
from this Act and other Acts making appropriations for foreign
operations, export financing, and related programs for fiscal year
2006, not less than $50,000,000 should be made available to support
programs that directly address the needs of Afghan women and
girls.</DELETED>
<DELETED>notification on excess defense equipment</DELETED>
<DELETED> 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.</DELETED>
<DELETED>hiv/aids</DELETED>
<DELETED> Sec. 525. (a) Notwithstanding any other provision of this
Act, 25 percent of the funds that are appropriated by this Act for a
contribution to support the Global Fund to Fight AIDS, Tuberculosis and
Malaria (the ``Global Fund'') shall be withheld from obligation to the
Global Fund until the Secretary of State certifies to the Committees on
Appropriations that the Global Fund--</DELETED>
<DELETED> (1) has established clear progress indicators upon
which to determine the release of incremental
disbursements;</DELETED>
<DELETED> (2) is releasing such incremental disbursements
only if positive results have been attained based on those
indicators; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) The Secretary of State may waive paragraph (1) of this
subsection if she determines and reports to the Committees on
Appropriations that such waiver is important to the national interest
of the United States.</DELETED>
<DELETED>democracy programs</DELETED>
<DELETED> Sec. 526. (a) Not less than $27,000,000 (increased by
$9,000,000) of the funds appropriated by this Act under the heading
``Economic Support Fund'' should be allocated for the Human Rights and
Democracy Fund: Provided, That up to $1,200,000 may be used for the
Reagan/Fascell Democracy Fellows program.</DELETED>
<DELETED> (b) Notwithstanding any other provision of law that
restricts assistance to foreign countries, up to $1,500,000 of the
funds appropriated by this Act under the heading ``Economic Support
Fund'' may be provided to make grants to educational, humanitarian, and
nongovernmental organizations and individuals inside Iran and Syria to
support the advancement of democracy and human rights in Iran and
Syria, and such funds may be provided through the National Endowment
for Democracy.</DELETED>
<DELETED>prohibition on bilateral assistance to terrorist
countries</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) grants sanctuary from prosecution to any
individual or group which has committed an act of international
terrorism; or</DELETED>
<DELETED> (2) otherwise supports international
terrorism.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>debt-for-development</DELETED>
<DELETED> 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.</DELETED>
<DELETED>separate accounts</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (A) require that local currencies be deposited in
a separate account established by that government;</DELETED>
<DELETED> (B) enter into an agreement with that government
which sets forth--</DELETED>
<DELETED> (i) the amount of the local currencies to
be generated; and</DELETED>
<DELETED> (ii) the terms and conditions under which
the currencies so deposited may be utilized, consistent
with this section; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) project and sector assistance
activities; or</DELETED>
<DELETED> (ii) debt and deficit financing;
or</DELETED>
<DELETED> (B) for the administrative requirements of the
United States Government.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>enterprise fund restrictions</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>financial market assistance in transition countries</DELETED>
<DELETED> 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.</DELETED>
<DELETED>authorities for the peace corps, inter-american foundation and
african development foundation</DELETED>
<DELETED> Sec. 532. Unless expressly provided to the contrary,
provisions of this Act, and provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development Foundation
Act. The agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is
prohibited.</DELETED>
<DELETED>impact on jobs in the united states</DELETED>
<DELETED> Sec. 533. None of the funds appropriated by this Act may
be obligated or expended to provide--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>special authorities</DELETED>
<DELETED> Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro,
Victims of War, Displaced Children, and Displaced Burmese.--Funds
appropriated by this Act that are made available for assistance for
Afghanistan may be made available notwithstanding section 512 of this
Act or any similar provision of law and section 660 of the Foreign
Assistance Act of 1961, and funds appropriated in titles I and II of
this Act that are made available for Lebanon, Montenegro, Pakistan, and
for victims of war, displaced children, and displaced Burmese, and to
assist victims of trafficking in persons and, subject to the regular
notification procedures of the Committees on Appropriations, to combat
such trafficking, may be made available notwithstanding any other
provision of law that restricts assistance to foreign countries and
section 660 of the Foreign Assistance Act of 1961.</DELETED>
<DELETED> (b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the provisions
of sections 103 through 106, and chapter 4 of part II, of the Foreign
Assistance Act of 1961 may be used, notwithstanding any other provision
of law that restricts assistance to foreign countries and section 660
of the Foreign Assistance Act of 1961, for the purpose of supporting
tropical forestry and biodiversity conservation activities and energy
programs aimed at reducing greenhouse gas emissions: Provided, That
such assistance shall be subject to sections 116, 502B, and 620A of the
Foreign Assistance Act of 1961.</DELETED>
<DELETED> (c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part II, and
section 667 of the Foreign Assistance Act of 1961, and title II of the
Agricultural Trade Development and Assistance Act of 1954, may be used
by the United States Agency for International Development to employ up
to 25 personal services contractors in the United States, for the
purpose of providing direct, interim support for new or expanded
overseas programs and activities managed by the agency until permanent
direct hire personnel are hired and trained: Provided, That not more
than 10 of such contractors shall be assigned to any bureau or office:
Provided further, That such funds appropriated to carry out title II of
the Agricultural Trade Development and Assistance Act of 1954, may be
made available only for personal services contractors assigned to the
Office of Food for Peace.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Contingencies.--During fiscal year 2006, the President
may use up to $45,000,000 under the authority of section 451 of the
Foreign Assistance Act of 1961, notwithstanding the funding ceiling in
section 451(a).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (h) World Food Program.--Of the funds managed by the
Bureau for Democracy, Conflict, and Humanitarian Assistance of the
United States Agency for International Development, from this or any
other Act, not less than $6,000,000 shall be made available as a
general contribution to the World Food Program, notwithstanding any
other provision of law that restricts assistance to foreign
countries.</DELETED>
<DELETED> (i) National Endowment for Democracy.--Funds appropriated
by this Act that are provided to the National Endowment for Democracy
may be provided notwithstanding any other provision of law or
regulation that restricts assistance to foreign countries.</DELETED>
<DELETED>arab league boycott of israel</DELETED>
<DELETED> Sec. 535. It is the sense of the Congress that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) all Arab League states should normalize
relations with their neighbor Israel;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>eligibility for assistance</DELETED>
<DELETED> Sec. 536. (a) Assistance Through Nongovernmental
Organizations.--Restrictions on assistance for foreign countries
contained in this or any other Act shall not be construed to restrict
assistance in support of programs of nongovernmental organizations from
funds appropriated by this Act to carry out the provisions of chapters
1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'': Provided, That
before using the authority of this subsection to furnish assistance in
support of programs of nongovernmental organizations, the President
shall notify the Committees on Appropriations under the regular
notification procedures of those committees, including a description of
the program to be assisted, the assistance to be provided, and the
reasons for furnishing such assistance: Provided further, That nothing
in this subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained
in this or any other Act.</DELETED>
<DELETED> (b) Public Law 480.--During fiscal year 2006, restrictions
on assistance to foreign countries contained in this or any other Act
shall not be construed to restrict assistance under the Agricultural
Trade Development and Assistance Act of 1954: Provided, That none of
the funds appropriated to carry out title I of such Act and made
available pursuant to this subsection may be obligated or expended
except as provided through the regular notification procedures of the
Committees on Appropriations.</DELETED>
<DELETED> (c) Exception.--This section shall not apply--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>reservations of funds</DELETED>
<DELETED> Sec. 537. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the same
account notwithstanding the earmark if compliance with the earmark is
made impossible by operation of any provision of this Act or any other
provision contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related programs:
Provided, That any such reprogramming shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to this
subsection shall be made available under the same terms and conditions
as originally provided.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>ceilings and earmarks</DELETED>
<DELETED> 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.</DELETED>
<DELETED>prohibition on publicity or propaganda</DELETED>
<DELETED> 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.</DELETED>
<DELETED>prohibition of payments to united nations members</DELETED>
<DELETED> 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.</DELETED>
<DELETED>nongovernmental organizations--documentation</DELETED>
<DELETED> 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.</DELETED>
<DELETED>prohibition on assistance to foreign governments that export
lethal military equipment to countries supporting international
terrorism</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>withholding of assistance for parking fines and real property
taxes owed by foreign countries</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Subsection (a) shall not include amounts that have
been withheld under any other provision of law.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) In this section:</DELETED>
<DELETED> (1) The term ``appropriate congressional
committees'' means the Committee on Appropriations of the
Senate and the Committee on Appropriations of the House of
Representatives.</DELETED>
<DELETED> (2) The term ``fully adjudicated'' includes
circumstances in which the person to whom the vehicle is
registered--</DELETED>
<DELETED> (A)(i) has not responded to the parking
violation summons; or</DELETED>
<DELETED> (ii) has not followed the appropriate
adjudication procedure to challenge the summons;
and</DELETED>
<DELETED> (B) the period of time for payment of or
challenge to the summons has lapsed.</DELETED>
<DELETED> (3) The term ``parking fines and penalties'' means
parking fines and penalties--</DELETED>
<DELETED> (A) owed to--</DELETED>
<DELETED> (i) the District of Columbia;
or</DELETED>
<DELETED> (ii) New York, New York;
and</DELETED>
<DELETED> (B) incurred during the period April 1,
1997, through September 30, 2005.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>limitation on assistance for the plo for the west bank and
gaza</DELETED>
<DELETED> 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.</DELETED>
<DELETED>war crimes tribunals drawdown</DELETED>
<DELETED> 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.</DELETED>
<DELETED>landmines</DELETED>
<DELETED> Sec. 546. Notwithstanding any other provision of law that
restricts assistance to foreign countries, demining equipment available
to the United States Agency for International Development and the
Department of State and used in support of the clearance of landmines
and unexploded ordnance for humanitarian purposes may be disposed of on
a grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe.</DELETED>
<DELETED>restrictions concerning the palestinian authority</DELETED>
<DELETED> 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.</DELETED>
<DELETED>prohibition of payment of certain expenses</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) alcoholic beverages; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED>haiti</DELETED>
<DELETED> Sec. 549. The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms Export Control
Act (22 U.S.C. 2751 et seq.), for the Coast Guard.</DELETED>
<DELETED>limitation on assistance to the palestinian
authority</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>limitation on assistance to security forces</DELETED>
<DELETED> 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.</DELETED>
<DELETED>foreign military training report</DELETED>
<DELETED> 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.</DELETED>
<DELETED>authorization requirement</DELETED>
<DELETED> 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.</DELETED>
<DELETED>cambodia</DELETED>
<DELETED> Sec. 554. The Secretary of the Treasury should instruct
the United States executive directors of the international financial
institutions to use the voice and vote of the United States to oppose
loans to the Central Government of Cambodia, except loans to meet basic
human needs.</DELETED>
<DELETED>palestinian statehood</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) a new leadership of a Palestinian governing
entity has been democratically elected through credible and
competitive elections;</DELETED>
<DELETED> (2) the elected governing entity of a new
Palestinian state--</DELETED>
<DELETED> (A) has demonstrated a firm commitment to
peaceful co-existence with the State of
Israel;</DELETED>
<DELETED> (B) is taking appropriate measures to
counter terrorism and terrorist financing in the West
Bank and Gaza, including the dismantling of terrorist
infrastructures;</DELETED>
<DELETED> (C) is establishing a new Palestinian
security entity that is cooperative with appropriate
Israeli and other appropriate security organizations;
and</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) termination of all claims or states of
belligerency;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (C) their right to live in peace within
secure and recognized boundaries free from threats or
acts of force;</DELETED>
<DELETED> (D) freedom of navigation through
international waterways in the area; and</DELETED>
<DELETED> (E) a framework for achieving a just
settlement of the refugee problem.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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'').</DELETED>
<DELETED>colombia</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Consultative Process.--Not later than 60 days after
the date of enactment of this Act, and every 90 days thereafter until
September 30, 2007, the Secretary of State shall consult with
internationally recognized human rights organizations regarding
progress in meeting the conditions contained in that
subsection.</DELETED>
<DELETED> (d) Definitions.--In this section:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal security
cooperatives.</DELETED>
<DELETED>illegal armed groups</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross violations of
human rights, including extra-judicial killings, in
Colombia.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>prohibition on assistance to the palestinian broadcasting
corporation</DELETED>
<DELETED> 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.</DELETED>
<DELETED>west bank and gaza program</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Audits.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the extent to which such Program complies with
the requirements of subsections (b) and (c), and</DELETED>
<DELETED> (2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.</DELETED>
<DELETED>contributions to united nations population fund</DELETED>
<DELETED> Sec. 560. (a) Limitations on Amount of Contribution.--Of
the amounts made available under ``International Organizations and
Programs'' and ``Child Survival and Health Programs Fund'' for fiscal
year 2006, $34,000,000 shall be made available for the United Nations
Population Fund (hereafter in this section referred to as the
``UNFPA''): Provided, That of this amount, not less than $25,000,000
shall be derived from funds appropriated under the heading
``International Organizations and Programs''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) the UNFPA maintains amounts made available to
the UNFPA under this section in an account separate from other
accounts of the UNFPA;</DELETED>
<DELETED> (2) the UNFPA does not commingle amounts made
available to the UNFPA under this section with other sums;
and</DELETED>
<DELETED> (3) the UNFPA does not fund abortions.</DELETED>
<DELETED>war criminals</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) are acting consistently with the Dayton
Accords.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Definitions.--As used in this section:</DELETED>
<DELETED> (1) Country.--The term ``country'' means Bosnia
and Herzegovina, Croatia and Serbia.</DELETED>
<DELETED> (2) Entity.--The term ``entity'' refers to the
Federation of Bosnia and Herzegovina, Kosovo, Montenegro and
the Republika Srpska.</DELETED>
<DELETED> (3) Municipality.--The term ``municipality'' means
a city, town or other subdivision within a country or entity as
defined herein.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>user fees</DELETED>
<DELETED> 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.</DELETED>
<DELETED>funding for serbia</DELETED>
<DELETED> 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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) cooperating with the International Criminal
Tribunal for the former Yugoslavia including access for
investigators, the provision of documents, and the surrender
and transfer of indictees or assistance in their apprehension,
including making all practicable efforts to apprehend and
transfer Ratko Mladic;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) taking steps to implement policies which
reflect a respect for minority rights and the rule of
law.</DELETED>
<DELETED> (d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy.</DELETED>
<DELETED>community-based police assistance</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (b) Notification.--Assistance provided under subsection
(a) shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.</DELETED>
<DELETED>special debt relief for the poorest</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) guarantees issued under sections 221 and 222
of the Foreign Assistance Act of 1961;</DELETED>
<DELETED> (2) credits extended or guarantees issued under
the Arms Export Control Act;</DELETED>
<DELETED> (b) Limitations.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose government--
</DELETED>
<DELETED> (1) does not have an excessive level of military
expenditures;</DELETED>
<DELETED> (2) has not repeatedly provided support for acts
of international terrorism;</DELETED>
<DELETED> (3) is not failing to cooperate on international
narcotics control matters;</DELETED>
<DELETED> (4) (including its military or other security
forces) does not engage in a consistent pattern of gross
violations of internationally recognized human rights;
and</DELETED>
<DELETED> (5) is not ineligible for assistance because of
the application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>authority to engage in debt buybacks or sales</DELETED>
<DELETED> Sec. 566. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--</DELETED>
<DELETED> (1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law that
restricts assistance to foreign countries, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion thereof, only
for the purpose of facilitating--</DELETED>
<DELETED> (A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps;
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>basic education</DELETED>
<DELETED> Sec. 567. Of the funds appropriated by title II of this
Act, not less than $465,000,000 shall be made available for basic
education, of which not less than $250,000 shall be provided to the
Comptroller General of the United States to prepare an analysis of
United States funded international basic education programs: Provided,
That the analysis, which should be submitted to the Committee within
nine months of enactment of this Act, shall include, but not be limited
to--</DELETED>
<DELETED> (1) the amount of funds provided for basic
education by all United States Government agencies in fiscal
years 2001, 2002, 2003, 2004, and 2005;</DELETED>
<DELETED> (2) a country-by-country and project-by-project
breakdown of such funds;</DELETED>
<DELETED> (3) an analysis of host country contributions to
education at the local, provincial, and federal
level;</DELETED>
<DELETED> (4) the amount of funds, including loans, provided
for basic education by other major bilateral donors and
multilateral institutions, including United Nations agencies
and the World Bank Group, including a historical view of such
levels;</DELETED>
<DELETED> (5) an analysis of United States efforts to
increase the commitment of other major bilateral donors and
multilateral institutions to basic education;</DELETED>
<DELETED> (6) an analysis of how various United States
Government agencies coordinate in the provision of such
assistance, including how such coordination contributes to
achievement of the Millennium Development Goals with respect to
basic education;</DELETED>
<DELETED> (7) an analysis of the effect of the quadrupling
of United States assistance for basic education since fiscal
year 2001 on education programs in the developing world;
and</DELETED>
<DELETED> (8) recommendations on the content and structure
of United States assistance that would increase its
effectiveness in promoting literary and numeracy.</DELETED>
<DELETED>reconciliation programs</DELETED>
<DELETED> 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.</DELETED>
<DELETED>sudan</DELETED>
<DELETED> Sec. 569. (a) Availability of Funds.--Of the funds
appropriated by title II of this Act, not less than $367,000,000 should
be made available for assistance for Sudan.</DELETED>
<DELETED> (b) Limitation on Assistance.--Subject to subsection
(c):</DELETED>
<DELETED> (1) Notwithstanding section 501(a) of the
International Malaria Control Act of 2000 (Public Law 106-570)
or any other provision of law that restricts funds for foreign
countries, none of the funds appropriated by this Act may be
made available for assistance for the Government of
Sudan.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Subsection (b) shall not apply if the Secretary of
State determines and certifies to the Committees on Appropriations
that--</DELETED>
<DELETED> (1) the Government of Sudan has taken significant
steps to disarm and disband government-supported militia groups
in the Darfur region;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Exceptions.--The provisions of subsection (b) shall
not apply to--</DELETED>
<DELETED> (1) humanitarian assistance;</DELETED>
<DELETED> (2) assistance for Darfur and for areas outside
the control of the Government of Sudan; and</DELETED>
<DELETED> (3) assistance to support implementation of the
Comprehensive Peace Agreement.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>trade capacity building</DELETED>
<DELETED> 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.</DELETED>
<DELETED>excess defense articles for central and south european
countries and certain other countries</DELETED>
<DELETED> 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.</DELETED>
<DELETED>cuba</DELETED>
<DELETED> Sec. 572. None of the funds appropriated by this Act under
the heading ``International Narcotics Control and Law Enforcement'' may
be made available for assistance to the Government of Cuba.</DELETED>
<DELETED>gender-based violence training</DELETED>
<DELETED> Sec. 573. Programs funded under titles II and III of this
Act that provide training for foreign police, judicial, and military
officials, shall include instruction on how to address incidences and
victims of gender-based violence: Provided, That the Secretary of
State, in consultation with the Secretary of Defense, shall report to
the Committee on Appropriations, no later than 180 days after enactment
of this Act, how such instruction is being incorporated into programs
funded under titles II and III of this Act.</DELETED>
<DELETED>limitation on economic support fund assistance for certain
foreign governments that are parties to the international criminal
court</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>tibet</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (b) Notwithstanding any other provision of law that
restricts assistance to foreign countries, not less than $4,000,000 of
the funds appropriated by this Act under the heading ``Economic Support
Fund'' should be made available to nongovernmental organizations to
support activities which preserve cultural traditions and promote
sustainable development and environmental conservation in Tibetan
communities in the Tibetan Autonomous Region and in other Tibetan
communities in China.</DELETED>
<DELETED>central america</DELETED>
<DELETED> Sec. 576. Of the funds appropriated by this Act under the
headings ``Child Survival and Health Programs Fund'' and ``Development
Assistance'', not less than the amount of funds initially allocated
pursuant to section 653(a) of the Foreign Assistance Act of 1961 for
fiscal year 2005 should be made available for El Salvador, Guatemala,
Nicaragua and Honduras.</DELETED>
<DELETED>united states agency for international development
management</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (b) Restrictions.--</DELETED>
<DELETED> (1) The number of individuals hired in any fiscal
year pursuant to the authority contained in subsection (a) may
not exceed 175.</DELETED>
<DELETED> (2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2008.</DELETED>
<DELETED> (c) Conditions.--The authority of this section may only be
used to the extent that an equivalent number of positions that are
filled by personal services contractors or other nondirect-hire
employees of USAID, who are compensated with funds appropriated to
carry out part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe and the
Baltic States'', are eliminated.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Consultations.--The USAID Administrator shall consult
with the Committees on Appropriations at least on a quarterly basis
concerning the implementation of this section.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (g) Disaster Surge Capacity.--Funds appropriated by this
Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Eastern
Europe and the Baltic States'', may be used, in addition to funds
otherwise available for such purposes, for the cost (including the
support costs) of individuals detailed to or employed by the United
States Agency for International Development whose primary
responsibility is to carry out programs in response to natural
disasters.</DELETED>
<DELETED>hipc debt reduction</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(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').''.</DELETED>
<DELETED>opic transfer authority</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>conflict response</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 580. Whenever the Secretary of State determines that
it is in the national interest of the United States, the Secretary is
authorized to furnish reconstruction and stabilization assistance, on
such terms and conditions as the Secretary may determine, for the
purpose of preventing, responding to, or enabling transition from
conflict or civil strife in foreign countries or regions: Provided,
That the Secretary may transfer up to $100,000,000 among accounts of
the Department of State and to other Federal agencies as necessary to
carry out these authorities: Provided further, That pursuant to a
determination by the Secretary of State that it is in the national
interest of the United States to prevent or respond to conflict or
civil strife in foreign countries or regions, or to enable transition
from such strife assistance provided under this paragraph, as well as
assistance provided with funds appropriated under titles II and III of
this Act for countries subject to a determination made under this
paragraph, may be used: Provided further, That the exercise of such
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.</DELETED>
<DELETED>rescission</DELETED>
<DELETED> Sec. 581. Of the funds provided in title II of Public Law
108-447, under the heading ``Other Bilateral Economic Assistance,
Economic Support Fund'', $64,000,000 is hereby rescinded.</DELETED>
<DELETED>anticorruption provisions</DELETED>
<DELETED> Sec. 582. Twenty-five percent of the funds appropriated by
this Act under the headings ``International Development Association'',
shall be withheld from obligation until the Secretary of the Treasury
certifies to the appropriate congressional committees that--</DELETED>
<DELETED> (a) World Bank procurement guidelines are applied
to all procurement financed in whole or in part by a loan from
the International Bank for Reconstruction and Development
(IBRD) or a credit agreement or grant from the International
Development Association (IDA);</DELETED>
<DELETED> (b) the World Bank proposal ``Increasing the Use
of Country Systems in Procurement'' dated March 2005 has been
withdrawn;</DELETED>
<DELETED> (c) the World Bank is maintaining a strong central
procurement office staffed with senior experts who are
designated to address commercial concerns, questions, and
complaints regarding procurement procedures and payments under
IDA and IBRD projects;</DELETED>
<DELETED> (d) thresholds for international competitive
bidding are established to maximize international competitive
bidding in accordance with sound procurement practices,
including transparency, competition, and cost-effective results
for the Borrowers;</DELETED>
<DELETED> (e) all tenders under the World Bank's national
competitive bidding provisions are subject to the same
advertisement requirements as tenders under international
competitive bidding; and</DELETED>
<DELETED> (f) loan agreements are made public between the
World Bank and the Borrowers.</DELETED>
<DELETED>prohibition on certain international narcotics control and law
enforcement assistance to the government of haiti</DELETED>
<DELETED> Sec. 583. None of the funds made available in this Act
under the heading ``international narcotics control and law
enforcement'' may be used to transfer excess property of an agency of
the United States Government to the Government of Haiti.</DELETED>
<DELETED>limitation on assistance to romania under the support for east
european democracy (seed) act of 1989</DELETED>
<DELETED> Sec. 584. None of the funds appropriated in this Act under
the heading ``assistance for eastern europe and the baltic states'' may
be obligated or expended for assistance to Romania under the Support
for East European Democracy (SEED) Act of 1989.</DELETED>
<DELETED>limitation on funds relating to attendance of federal
employees at conferences occurring outside the united states</DELETED>
<DELETED> Sec. 585. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than 50
employees of a Federal department or agency at any single conference
occurring outside the United States.</DELETED>
<DELETED>limitation on use of funds by the export-import bank of the
united states</DELETED>
<DELETED> Sec. 586. Of the amounts provided in title I, under the
heading ``Export-Import Bank of the United States--administrative
expenses'', not more than $66,200,000 may be expended while there is a
vacancy in position of the head of the Office of Inspector General in
the Export-Import Bank of the United States.</DELETED>
<DELETED>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</DELETED>
<DELETED> Sec. 587. None of the funds made available in this Act for
the Department of State may be used to provide assistance to any
country the government of which has notified the Department of State of
its refusal to extradite to the United States any individual accused in
the United States of killing a law enforcement officer, as specified in
a United States extradition request.</DELETED>
<DELETED>prohibition against direct funding for saudi arabia</DELETED>
<DELETED> Sec. 588. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance any assistance to Saudi Arabia.</DELETED>
<DELETED>prohibition on use of funds by the export-import bank of the
united states to approve an application for a long-term loan or loan
guarantee with respect to a nuclear project in the people's republic of
china</DELETED>
<DELETED> Sec. 589. None of the funds made available in this Act may
be used by the Export-Import Bank of the United States to approve an
application for a long-term loan or loan guarantee with respect to a
nuclear project in the People's Republic of China.</DELETED>
<DELETED>governments that have failed to permit certain
extraditions</DELETED>
<DELETED> Sec. 590. None of the funds made available in this Act for
the Department of State, other than funds provided under the heading
``international narcotics control and law enforcement'', may be used to
provide assistance to any country with whom the United States has an
extradition treaty and whose government has notified the Department of
State of its refusal to extradite to the United States any individual
accused of committing a criminal offense for which the maximum penalty
is life imprisonment without the possibility of parole, or a lesser
term of imprisonment.</DELETED>
<DELETED> This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006''.</DELETED>
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--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including employment, without
regard to civil service and classification laws, of persons on a
temporary basis (not to exceed $700,000 of this appropriation), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948; representation to certain
international organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and consent of the
Senate or specific Acts of Congress; arms control, nonproliferation and
disarmament activities as authorized; acquisition by exchange or
purchase of passenger motor vehicles as authorized by law; and for
expenses of general administration, $3,755,118,000: Provided, That of
the amount made available under this heading, not to exceed $4,000,000
may be transferred to, and merged with, funds in the ``Emergencies in
the Diplomatic and Consular Service'' appropriations account, to be
available only for emergency evacuations and terrorism rewards:
Provided further, That of the amount made available under this heading,
not less than $328,000,000 shall be available only for public diplomacy
international information programs: Provided further, That of the
amount made available under this heading, not less than $2,000,000
shall be made available for the Scholar Rescue Fund: Provided further,
That funds available under this heading may be made available for a
United States Government interagency task force to examine, coordinate
and oversee United States participation in the United Nations
headquarters renovation project: Provided further, That no funds may be
obligated or expended for processing licenses for the export of
satellites of United States origin (including commercial satellites and
satellite components) to the People's Republic of China unless, at
least 15 days in advance, the Committees on Appropriations of the House
of Representatives and the Senate are notified of such proposed action.
In addition, not to exceed $1,469,000 shall be derived from fees
collected from other executive agencies for lease or use of facilities
located at the International Center in accordance with section 4 of the
International Center Act; in addition, as authorized by section 5 of
such Act, $490,000, to be derived from the reserve authorized by that
section, to be used for the purposes set out in that section; in
addition, as authorized by section 810 of the United States Information
and Educational Exchange Act, not to exceed $6,000,000, to remain
available until expended, may be credited to this appropriation from
fees or other payments received from English teaching, library, motion
pictures, and publication programs and from fees from educational
advising and counseling and exchange visitor programs; and, in
addition, not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$689,523,000, to remain available until expended.
capital investment fund
For necessary expenses of the Capital Investment Fund, $58,895,000,
to remain available until expended, as authorized: Provided, That
section 135(e) of Public Law 103-236 shall not apply to funds available
under this heading.
centralized information technology modernization program
For expenses relating to the modernization of the information
technology systems and networks of the Department of State,
$74,105,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$33,000,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (Public Law 96-465), as it relates to post inspections.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $440,200,000, to remain available until expended: Provided,
That not to exceed $2,000,000, to remain available until expended, may
be credited to this appropriation from fees or other payments received
from or in connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized:
Provided further, That notwithstanding any other provision of law, of
the funds appropriated under this heading, $5,000,000 shall be made
available for an endowment for the Aung San Suu Kyi Center for
Democracy, and not less than $13,500,000 shall be made available for
educational and cultural exchanges with the People's Republic of China,
including for American studies programs.
representation allowances
For representation allowances as authorized, $8,281,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$9,390,000.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $598,800,000, to remain
available until expended as authorized, of which not to exceed $25,000
may be used for domestic and overseas representation as authorized:
Provided, That none of the funds appropriated in this paragraph shall
be available for acquisition of furniture, furnishings, or generators
for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $900,200,000, to remain
available until expended.
emergencies in the diplomatic and consular service
(including transfer of funds)
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$13,643,000, to remain available until expended as authorized, of which
such sums as necessary may be transferred to and merged with funds in
the ``Repatriation Loans Program Account'', subject to the same terms
and conditions.
repatriation loans program account
(including transfer of funds)
For the cost of direct loans, $712,000, as authorized: 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.
In addition, for administrative expenses necessary to carry out the
direct loan program, $607,000, which may be transferred to and merged
with funds in the ``Diplomatic and Consular Programs'' account.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $19,751,000, to remain available until September 30,
2007.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $131,700,000.
International Organizations
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $1,166,212,000, to
remain available until September 30, 2007: Provided, That the Secretary
of State shall, at the time of the submission of the President's budget
to Congress under section 1105(a) of title 31, United States Code,
transmit to the Committees on Appropriations the most recent biennial
budget prepared by the United Nations for the operations of the United
Nations: Provided further, That the Secretary of State shall notify the
Committees on Appropriations at least 15 days in advance (or in an
emergency, as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program without
identifying an offsetting decrease elsewhere in the United Nations
budget and cause the United Nations budget for the biennium 2006-2007
to exceed the revised United Nations budget level for the biennium
2004-2005 of $3,695,480,000: Provided further, That any payment of
arrearages under this title shall be directed toward special activities
that are mutually agreed upon by the United States and the respective
international organization: Provided further, That none of the funds
appropriated in this paragraph shall be available for a United States
contribution to an international organization for the United States
share of interest costs made known to the United States Government by
such organization for loans incurred on or after October 1, 1984,
through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,035,500,000, to
remain available until September 30, 2006: Provided, That none of the
funds made available under this title shall be obligated or expended
for any new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for the new or expanded mission in
the United Nations Security Council (or in an emergency as far in
advance as is practicable): (1) the Committees on Appropriations and
other appropriate committees of the Congress are notified of the
estimated cost and length of the mission, the national interest that
will be served, and the planned exit strategy; and (2) a reprogramming
of funds pursuant to section 6088 of this Act is submitted, and the
procedures therein followed, setting forth the source of funds that
will be used to pay for the cost of the new or expanded mission:
Provided further, That funds shall be available for peacekeeping
expenses only upon a certification by the Secretary of State to the
appropriate committees of the Congress that American manufacturers and
suppliers are being given opportunities to provide equipment, services,
and material for United Nations peacekeeping activities equal to those
being given to foreign manufacturers and suppliers: Provided further,
That none of the funds made available under this heading are available
to pay the United States share of the cost of court monitoring that is
part of any United Nations peacekeeping mission.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $28,700,000.
construction
For detailed plan preparation and construction of authorized
projects, $5,300,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for the Border
Environment Cooperation Commission as authorized by Public Law 103-182,
$10,400,000, of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint Commission.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $25,623,000: Provided,
That the United States' share of such expenses may be advanced to the
respective commissions pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by the Asia
Foundation Act (22 U.S.C. 4402), $15,000,000, to remain available until
September 30, 2007, as authorized.
center for middle eastern-western dialogue trust fund
For a grant to the Center for Middle Eastern-Western Dialogue Trust
Fund (22 U.S.C. 2078), $7,000,000 for operation of the Center for
Middle Eastern-Western Dialogue in Istanbul, Turkey, to remain
available until expended.
In addition, for necessary expenses of the Center for Middle
Eastern-Western Dialogue Trust Fund, the total amount of the interest
and earnings accruing to such Fund on or before September 30, 2006, to
remain available until expended.
eisenhower exchange fellowship program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2006, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit Organizations),
including the restrictions on compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 2006, to remain available until expended.
east-west center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$20,000,000: Provided, That none of the funds appropriated herein shall
be used to pay any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.
national endowment for democracy
For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endowment for
Democracy Act, $8,800,000 to remain available until expended.
commission for the preservation of america's heritage abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $499,000, as authorized by section 1303 of
Public Law 99-83.
commission on international religious freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292),
$1,000,000.
commission on security and cooperation in europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304, $2,030,000,
to remain available as authorized by section 3 of Public Law 99-7.
congressional-executive commission on the people's republic of china
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized, $1,900,000, including
not more than $3,000 for the purpose of official representation, to
remain available until September 30, 2007.
united states-china economic and security review commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, $2,800,000, including not more than $5,000
for the purpose of official representation, to remain available until
September 30, 2007.
united states senate-china interparliamentary group
salaries and expenses
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of the
Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 108-
99; 118 Stat. 448), $150,000 to remain available until September 30,
2007.
united states institute of peace
operating expenses
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $21,850,000, to
remain available until September 30, 2007.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international communication
activities, and to make and supervise grants for radio and television
broadcasting to the Middle East, $603,394,000: Provided, That of the
total amount in this heading, not to exceed $16,000 may be used for
official receptions within the United States as authorized, not to
exceed $35,000 may be used for representation abroad as authorized, and
not to exceed $39,000 may be used for official reception and
representation expenses of Radio Free Europe/Radio Liberty; and in
addition, notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from business
ventures, not to exceed $500,000 in receipts from cooperating
international organizations, and not to exceed $1,000,000 in receipts
from privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until expended
for carrying out authorized purposes.
broadcasting to cuba
For necessary expenses to enable the Broadcasting Board of
Governors to carry out broadcasting to Cuba, including the purchase,
rent, construction, and improvement of facilities for radio and
television transmission and reception and purchase, lease, and
installation of necessary equipment for radio and television
transmission and reception, $37,656,000, to remain available until
September 30, 2007.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of facilities
for radio transmission and reception, and purchase and installation of
necessary equipment for radio and television transmission and reception
as authorized, $10,893,000, to remain available until expended, as
authorized.
TITLE II--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 loans 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, $125,000,000, to remain available until September 30,
2009: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That such sums shall remain available
until September 30, 2024, for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal years
2006, 2007, 2008, and 2009: Provided further, That none of the funds
appropriated by this Act or any prior Act appropriating funds for
foreign operations, export financing, and related programs for tied-aid
credits or grants may be used for any other purpose except through the
regular notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Import Bank Act
of 1945, in connection with the purchase or lease of any product by any
Eastern European country, any Baltic State or any agency or national
thereof.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
for official reception and representation expenses for members of the
Board of Directors, $73,200,000: 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 III--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,
$1,659,000,000, 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:
$375,000,000 for child survival and maternal health; $30,000,000 for
vulnerable children; $350,000,000 for HIV/AIDS including not less than
$42,000,000 to support the development of microbicides as a means for
combating HIV/AIDS; $285,000,000 for other infectious diseases; and
$369,000,000 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 that are available for HIV/AIDS programs and activities,
not less than $35,000,000 should be made available for the
International AIDS Vaccine Initiative: 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 restrictions with respect to
assistance provided with funds appropriated by this Act for HIV/AIDS,
family planning, or child survival and health activities shall not be
construed to restrict assistance in support of programs to expand the
availability and use of condoms for HIV/AIDS prevention and of
contraceptives to reduce the incidence of abortion: 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, directly supports coercive abortion or involuntary
sterilization: Provided further, That the previous proviso shall not be
construed to deny funding to any organization or program solely because
the government of a country engages in 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 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 131, and chapter 10 of part I of the Foreign Assistance
Act of 1961, $1,675,000,000, to remain available until September 30,
2006: Provided, That $350,000,000 should be made available for basic
education: Provided further, That of the aggregate amount of the funds
appropriated by this Act that are made available for agriculture and
rural development programs, $40,000,000 shall be made available for
plant biotechnology research and development: Provided further, That of
the funds appropriated under this heading, not less than $1,000,000
shall be made available for support of the United States
Telecommunications Training Institute: Provided further, That not less
than $2,300,000 shall 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 $25,000,000
shall be made available for the American Schools and Hospitals Abroad
program: Provided further, That of the funds appropriated under this
heading, $10,000,000 shall 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, not less than $700,000 shall be made available to the
nonprofit organization that conducted the 2001 Micronutrient Compliance
Review to improve food aid product quality and nutrient delivery, and
shall remain available until expended: 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 of the funds appropriated under this
heading, $2,000,000 shall be made available for the Doulos Foundation
for programs in South Asia: Provided further, That of the funds
appropriated under this heading, not less than $20,000,000 shall be
made available for the Election and Political Processes Program of the
Office of Democracy and Governance, United States Agency for
International Development, of which not less than $18,000,000 shall be
made available for democracy grants: Provided further, That not less
than $5,000,000 should be made available for pilot programs to support
efforts to reduce the incidence of child marriage in developing
countries: Provided further, That of the funds appropriated under this
heading, not less than $20,000,000 shall 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, $400,000,000, to
remain available until expended, of which $20,000,000 should be for
famine prevention and relief.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $50,000,000, to remain available until
expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support may
include assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure, and foster
the peaceful resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
new program of assistance: Provided further, That if the President
determines that is important to the national interests of the United
States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, That funds made available pursuant to the
previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 108 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, 2007.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $41,700,000.
operating expenses of the united states agency for international
development
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $620,000,000, 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 of the funds appropriated under this heading, not less than
$36,600,000 shall be made available for operations in Iraq and
Afghanistan: Provided further, That none of the funds in this Act may
be used to open a new overseas mission of the United States Agency for
International Development without the prior written notification of the
Committees on Appropriations: Provided further, That the authority of
sections 610 and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds appropriated to
carry out chapter 1 of part I of such Act to ``Operating Expenses of
the United States Agency for International Development'' in accordance
with the provisions of those sections.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $77,700,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated under
this heading, not to exceed $19,709,000 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
For necessary expenses to carry out the provisions of chapter 4 of
part II, $3,031,375,000, 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 $35,000,000 shall be made available
for democracy and governance programs, not less than $50,000,000 should
be used for education programs and not less than $5,000,000 shall be
made available for scholarships for disadvantaged Egyptian students to
attend the American University in Cairo: 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, and that Egypt has agreed to the
installation of an FM transmitter in Media City for Radio SAWA:
Provided further, That of the funds appropriated under this heading,
not less than $2,500,000 should be made available for technical
assistance for countries to implement and enforce the Kimberley Process
Certification Scheme: 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, $120,000,000 shall be made available for the ``Middle East
Partnership Initiative'': 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 funds
appropriated under this heading may be made available for Cyprus only
for scholarships, administrative support of the scholarship program,
bicommunal projects, measures aimed at reunification of the island, and
activities to reduce tensions and promote peace and cooperation between
the two communities on Cyprus: Provided further, That of the funds
appropriated under this heading, not less than $35,000,000 shall be
made available for assistance for the Philippines: Provided further,
That of the funds appropriated under this heading, not less than
$22,000,000 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 of the funds appropriated under
this heading, not less than $10,000,000 should be made available for
democracy programs and activities in Ethiopia: Provided further, That
of the funds appropriated under this heading, not less than $2,000,000
should be made available for East Asia and Pacific Environment
Initiatives: Provided further, That prior to the obligation of funds
appropriated under this heading for assistance for the Central
Government of Pakistan, the Secretary of State shall submit a report to
the Committees on Appropriations describing steps taken in the previous
six months by the Government of Pakistan to protect the rights and
safety of Pakistani human rights lawyers and journalists: Provided
further, That of the funds appropriated under this heading, $3,000,000
shall be made available for the Foundation for Security and
Sustainability: Provided further, That notwithstanding any other
provision of law, $4,000,000 shall be made available for programs and
activities for the Central Highlands of Vietnam: Provided further, That
of the funds appropriated under this heading, $2,000,000 shall be made
available for economic development programs conducted by Indonesian
universities: Provided further, That of the funds appropriated under
this heading, $5,000,000 shall be made available for democracy and
media programs in Thailand: Provided further, That of the funds
appropriated under this heading, $10,000,000 shall be made available to
continue to support the provision of wheelchairs for needy persons in
developing countries: 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 the
funds appropriated under this heading, not less than $4,000,000 shall
be made available for the Office of the United Nations High
Commissioner for Human Rights in Nepal: Provided further, That of the
funds appropriated under this heading, not less than $1,000,000 should
be made available for a United States contribution to the Extractive
Industries Transparency Initiative Trust Fund: 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.
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, $395,000,000, 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 $3,500,000 shall be made available for leadership
development programs for women and youth and $5,000,000 shall be made
available for rule of law programs for the training of judges.
(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 6029 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 6029 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, $565,000,000, 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 of
the funds appropriated under this heading, $6,500,000 should be
available only to meet the health and other assistance needs of victims
of trafficking in persons: Provided further, That of the funds
appropriated under this heading, not less than $5,000,000 shall be made
available to the National Endowment for Democracy for political party
development programs in Russia: Provided further, That of the funds
appropriated under this heading, not less than $5,000,000 should be
made available for humanitarian, conflict mitigation, relief and
recovery assistance for Chechnya, Ingushetia, and elsewhere in the
North Caucasus: 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 that are made
available for assistance for Ukraine, not less than $7,000,000 shall be
made available for nuclear reactor safety initiatives, and not less
than $5,000,000 shall be made available for coal mine safety programs.
(c) Of the funds appropriated under this heading, $2,500,000 shall
be made available for the Business Information Service for the Newly
Independent States.
(d)(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.
(e) 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, $20,000,000, 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,
$25,000,000, 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, $320,000,000, 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'', $1,800,000,000, to remain available until expended:
Provided, That of the funds appropriated under this heading, up to
$70,000,000 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, $2,020,000,000, to remain available until
expended, of which $150,000,000 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: Provided, That of the funds appropriated under this
heading, $35,000,000 shall be made available for a United States
contribution to UNAIDS.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy, human rights,
independent media, and the rule of law globally, $175,000,000, to
remain available until expended: Provided, That funds appropriated
under this heading shall be made available notwithstanding any other
provision of law, as follows: $85,000,000 for the Human Rights and
Democracy Fund of the Bureau of Democracy, Human Rights and Labor,
Department of State; $80,000,000 for the National Endowment for
Democracy; and $10,000,000 for a United States contribution to a United
Nations democracy fund: Provided further, That funds appropriated under
this heading are in addition to funds otherwise available for such
purposes: Provided further, That of the funds appropriated by title III
of this Act, not less than $1,448,200,000 shall be made available for
democracy, human rights and rule of law programs, of which not more
than $250,000,000 shall be made available for contracts to promote
democracy, human rights, and the rule of law globally.
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $523,874,000, to remain available until
September 30, 2007: 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 of the funds appropriated under this heading,
not less than $1,500,000 shall be made available for police training in
the Republic of Timor-Leste: Provided further, That of the funds
appropriated under this heading, not more than $30,000,000 may be
available for administrative expenses: Provided further, That of the
funds appropriated under this heading, not less than $10,000,000 should
be made available for law enforcement programs to combat the prevalence
of violent gangs in Guatemala, Honduras, and El Salvador.
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, 2007: 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 of the funds
appropriated under this heading, not more than $278,450,000 shall be
made available for assistance for the Colombian Armed Forces and
National Police: Provided further, That of the funds appropriated under
this heading, not less than $149,757,000 shall be made available for
alternative development/institution building in Colombia, which shall
be apportioned directly to the United States Agency for International
Development: 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,
not less than $8,000,000 should be made available for judicial reform
programs in Colombia: Provided further, That of the funds appropriated
under this heading, in addition to funds made available pursuant to the
previous proviso, not less than $10,000,000 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 through
nongovernmental organizations 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 section 482(b) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated under this heading:
Provided further, That assistance provided with funds appropriated
under this heading that is made available notwithstanding section
482(b) of the Foreign Assistance Act of 1961 shall be made available
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That no United States Armed Forces
personnel or United States civilian contractor employed by the United
States will participate in any combat operation in connection with
assistance made available by this Act for Colombia: Provided further,
That 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 $16,000,000 may be available for
administrative expenses of the Department of State, and not more than
$7,000,000 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, $900,000,000, 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 made available under
this heading should be made available for assistance for refugees from
North Korea: 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)), $40,000,000, to remain available until expended:
Provided, That funds made available under this heading are appropriated
notwithstanding the provisions contained in section 2(c)(2) of such Act
which would limit the amount of funds which could be appropriated for
this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $445,100,000, 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 that should be not less than $19,350,000: 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.
conflict response fund
For necessary expenses to assist in stabilizing and reconstructing
a country that is in, or is in transition from, conflict or civil
strife, $74,000,000, to remain available until expended: Provided, That
funds available under this paragraph may be used for assistance for a
country only if the Secretary of State determines and reports 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 that it is important to the national security interests
of the United States to do so and consults with the Committees on
Appropriations prior to making any such determination: Provided
further, That the President may exercise the authority of section 552
of the Foreign Assistance Act of 1961, without regard and in addition
to the dollar limitations contained in that section, to furnish
assistance under this heading with respect to any country that is the
subject of a determination made under this heading: Provided further,
That assistance furnished under this heading for any country that is
the subject of a determination under this heading may be made available
notwithstanding any other provision of law: Provided further, That the
previous proviso shall not apply to section 6051 of this Act: Provided
further, That the administrative authorities of the Foreign Assistance
Act of 1961 shall be applicable to the funds and resources available
under this paragraph: Provided further, That up to an aggregate amount
of 5 percent of the funds appropriated under this paragraph may be made
available to United States Government agencies for the administrative
costs of such agencies in implementing activities under this paragraph:
Provided further, That funds and resources available under this heading
shall be subject to the regular notification procedures of the
Committees on Appropriations except that such notification shall be
transmitted at least 5 days in advance of the obligation of funds.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $20,000,000, to remain available
until September 30, 2007, 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, $99,750,000, to remain
available until September 30, 2008: Provided, That not less than
$20,000,000 of the funds appropriated under this heading shall be made
available to carry out the provisions of part V of the Foreign
Assistance Act of 1961: Provided further, That up to $75,000,000 of the
funds appropriated under this heading may be used by the Secretary of
the Treasury to pay to the Heavily Indebted Poor Countries (HIPC) Trust
Fund administered by the International Bank for Reconstruction and
Development amounts for the benefit of countries that are eligible for
debt reduction pursuant to title V of H.R. 3425 as enacted into law by
section 1000(a)(5) of Public Law 106-113: Provided further, That
amounts paid to the HIPC Trust Fund may be used only to fund debt
reduction under the enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for
the benefit of any country if the Secretary of State has credible
evidence that the government of such country is engaged in a consistent
pattern of gross violations of internationally recognized human rights
or in military or civil conflict that undermines its ability to develop
and implement measures to alleviate poverty and to devote adequate
human and financial resources to that end: Provided further, That on
the basis of final appropriations, the Secretary of the Treasury shall
consult with the Committees on Appropriations concerning which
countries and international financial institutions are expected to
benefit from a United States contribution to the HIPC Trust Fund during
the fiscal year: Provided further, That the Secretary of the Treasury
shall inform the Committees on Appropriations not less than 15 days in
advance of the signature of an agreement by the United States to make
payments to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the Treasury may
disburse funds designated for debt reduction through the HIPC Trust
Fund only for the benefit of countries that--
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave'' loans;
and
(2) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote
economic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That 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: Provided further, That none of the funds appropriated
under this heading may be paid to the HIPC Trust Fund for the benefit
of any country that has accepted loans from an international financial
institution between such country's decision point and completion point:
Provided further, That the terms ``decision point'' and ``completion
point'' shall have the same meaning as defined by the International
Monetary Fund.
TITLE IV--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
(including transfer of funds)
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,603,600,000: Provided, That of the funds appropriated under this
heading, not less than $2,280,000,000 shall be available for grants
only for Israel: Provided further, That the funds appropriated by this
paragraph for Israel shall be disbursed within 30 days of the enactment
of this Act: Provided further, That to the extent that the Government
of Israel requests that funds be used for such purposes, grants made
available for Israel by this paragraph shall, as agreed by Israel and
the United States, be available for advanced weapons systems, of which
not less than $595,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That of the funds appropriated by this
paragraph, $206,000,000 shall be made available for assistance for
Jordan: Provided further, That of the funds appropriated by this
paragraph, $10,000,000 shall be made available for assistance for
Tunisia: 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 6015 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, $195,800,000: Provided, That
none of the funds appropriated under this heading shall be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
TITLE V--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
global environment facility
For the United States contribution for the Global Environment
Facility, $107,500,000 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:
Provided, That the GEF Council should approve a performance-based
allocation system.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $900,000,000, 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 $8,127,000.
contribution to the inter-american investment corporation
For payment to the Inter-American Investment Corporation by the
Secretary of the Treasury, $1,500,000, 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, $3,742,000, to remain available until
expended, of which $2,000,000 shall be for payments of arrears.
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 $88,334,000.
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, $1,016,000 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 $2,250,000.
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, $330,000,000:
Provided, That none of the funds appropriated under this heading may be
made available to the International Atomic Energy Agency (IAEA).
TITLE VI--GENERAL PROVISIONS
compensation for united states executive directors to international
financial institutions
Sec. 6001. (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. 6002. 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. 6003. Of the funds appropriated or made available pursuant to
this Act, not to exceed $100,500 shall be for official residence
expenses of the United States Agency for International Development
during the current fiscal year: Provided, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.
limitation on expenses
Sec. 6004. None of the funds appropriated or made available
pursuant to this Act may be used for entertainment expenses of the
United States Agency for International Development.
limitation on representational allowances
Sec. 6005. Of the funds appropriated or made available pursuant to
this Act, not to exceed $250,000 shall be available for representation
allowances for the United States Agency for International Development
during the current fiscal year: Provided, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for general costs
of administering military assistance and sales under the heading
``Foreign Military Financing Program'', not to exceed $4,000 shall be
available for entertainment expenses and not to exceed $130,000 shall
be available for representation allowances: Provided further, That of
the funds made available by this Act under the heading ``International
Military Education and Training'', not to exceed $55,000 shall be
available for entertainment allowances: Provided further, That of the
funds made available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the funds made
available by this Act for the Peace Corps, not to exceed a total of
$4,000 shall be available for entertainment expenses: Provided further,
That of the funds made available by this Act under the heading ``Trade
and Development Agency'', not to exceed $4,000 shall be available for
representation and entertainment allowances: Provided further, That of
the funds made available by this Act under the heading ``Millennium
Challenge Corporation'', not to exceed $115,000 shall be available for
representation and entertainment allowances.
prohibition on taxation of united states assistance
Sec. 6006. (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. 6007. 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.
military coups
Sec. 6008. 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 decree or military coup:
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. 6009. (a)(1) Limitation on Transfers Between Agencies.--None
of the funds made available by titles II through V of 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. 6010. 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. 6011. No part of any appropriation contained in any title of
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. 6012. 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. 6013. (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. 6014. 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. 6015. 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 III 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. 6016. 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. 6017. (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, Georgia, and Ukraine 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. 6018. 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. 6019. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 2006, for
programs under title II 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. 6020. 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. 6021. For the purpose of titles II through V 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. 6022. 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 III and IV 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
III of this Act, not less than $450,000,000 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. 6023. Of the funds appropriated by titles III and IV of this
Act, not less than $920,000,000 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 $5,000,000 shall 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 made available pursuant to this section, not
less than $3,000,000 should be made available for assistance for Afghan
families and communities that have suffered losses as a result of the
military operations against the Taliban and insurgents, including to
employ an individual to serve as a liaison between Afghan families and
communities, the Afghan Independent Human Rights Commission, United
States Armed Forces, and the United States Agency for International
Development: 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: Provided further, That of the
funds made available pursuant to this section, up to $6,000,000 should
be available for a National Emergency Response and Preparedness System,
to include the development of an Emergency Operations Center: Provided
further, That to the maximum extent practicable members of the Afghan
National Army should be vetted for involvement in terrorism, human
rights violations, and drug trafficking: Provided further, That of the
funds allocated for assistance for Afghanistan by this Act not less
than $10,000,000 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.
notification on excess defense equipment
Sec. 6024. 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.
aircraft procurement
Sec. 6025. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available in this Act, except for
those provided under the headings ``Foreign Military Financing
Program'' and ``Broadcasting to Cuba'', may be obligated for the
procurement of aircraft.
democracy programs
Sec. 6026. (a) Notwithstanding any other provision of law, 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, not less than
$35,000,000 shall be made available for assistance for activities to
support democracy, human rights, and the rule of law in the People's
Republic of China and Hong Kong: Provided, That funds appropriated
under the heading ``Economic Support Fund'' should be made available
for assistance for Taiwan for the purposes of furthering political and
legal reforms: Provided further, That such funds shall only be made
available to the extent that they are matched from sources other than
the United States Government: Provided further, That funds made
available pursuant to the authority of this subsection shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(b)(1) In addition to the funds made available in subsection (a),
of the funds appropriated by this Act under the heading ``Economic
Support Fund'' not less than $25,000,000 shall be made available for
programs and activities to foster democracy, 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 funds made available
pursuant to the authority of this subsection should support new
initiatives and activities in those countries: Provided further, That
of the funds appropriated under this heading, $5,000,000 shall be made
available for continuing programs and activities that provide
professional training for journalists: Provided further, That,
notwithstanding any other provision of law, not less than $7,000,000 of
such funds may be used for making grants to educational, humanitarian
and nongovernmental organizations and individuals inside Iran to
support the advancement of democracy and human rights in Iran: Provided
further, That, notwithstanding any other provision of law, funds
appropriated pursuant to this Act may be made available for democracy,
human rights, and rule of law programs for Syria and Iran: Provided
further, That funds made available pursuant to this subsection shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(2) In addition to funds made available under subsections (a) and
(b)(1), of the funds appropriated by this Act under the heading
``Economic Support Fund'' not less than $4,500,000 shall be made
available for programs and activities of the National Endowment for
Democracy to foster democracy, human rights, civic education, women's
development, press freedom, and the rule of law in countries in sub-
Saharan Africa.
(c) Of the funds made available under subsection (a), not less than
$25,000,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights and Labor, Department of
State, to support the activities described in subsection (a), and of
the funds made available under subsection (b)(1), not less than
$15,000,000 shall be made available for such Fund to support the
activities described in subsection (b)(1): Provided, That up to
$1,200,000 may be used for the Reagan/Fascell Democracy Fellows
program.
(d) Of the funds made available under subsection (a), not less than
$10,000,000 shall be made available for the National Endowment for
Democracy to support the activities described in subsection (a), and of
the funds made available under subsection (b)(1), not less than
$10,000,000 shall be made available for the National Endowment for
Democracy to support the activities described in subsection (b)(1):
Provided, That the Secretary of State shall provide a report to the
Committees on Appropriations within 120 days of the date of enactment
of this Act on the status of the allocation and obligation of such
funds.
prohibition on bilateral assistance to terrorist countries
Sec. 6027. (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. 6028. 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 III 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. 6029. (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. 6030. (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.
burma
Sec. 6031. (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 $8,000,000 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 allocated to the Bureau of Population, Refugees and
Migration, Department of State, 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.
(d) Notwithstanding any provision of this or any other Act, none of
the funds appropriated by this Act may be made available for assistance
for the central government of any country that is a major provider of
weapons or defense-related equipment to the State Peace and Development
Council.
(e) The President may waive subsection (d) if he determines and
reports to the Committees on Appropriations that to do so is in the
national security interests of the United States.
(f) None of the funds appropriated by this Act may be made
available for the United Nations Office on Drugs and Crime (UNODC)
unless the Secretary of State determines and reports to the Committees
on Appropriations that the UNODC in Burma is reporting to other
relevant United Nations organizations incidents of gross human rights
violations encountered during the conduct of its programs in Burma.
(g) None of the funds appropriated under the heading ``Economic
Support Fund'' may be made available for programs and activities
involving the Association of Southeast Asian Nations (ASEAN) if the
State Peace and Development Council in Burma assumes chairmanship of
ASEAN in 2006.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 6032. 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. 6033. 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. 6034. (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 6012 of this
Act or any similar provision of law and section 660 of the Foreign
Assistance Act of 1961, and funds appropriated in titles II and III 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) Contingencies.--During fiscal year 2006, the President may use
up to $100,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding the funding ceiling in section
451(a).
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
(h) World Food Program.--Of the funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance of the United States
Agency for International Development, from this or any other Act, not
less than $10,000,000 shall be made available as a general contribution
to the World Food Program, notwithstanding any other provision of law.
(i) National Endowment for Democracy.--Funds appropriated by this
Act that are provided to the National Endowment for Democracy may be
provided notwithstanding any other provision of law or regulation.
(j) University Programs.--Notwithstanding any other provision of
law, of the funds appropriated under the heading ``Development
Assistance'' in this Act, not less than $10,000,000 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.
(k) Extension of Authority.--Public Law 107-57, as amended, is
further amended as follows in the specified subsections--
(1) subsection 1(b) is amended by striking ``2003'' and
inserting in lieu thereof ``2006'';
(2) paragraph 1(b)(1) is amended by striking ``2003'' and
inserting in lieu thereof ``2006'';
(3) paragraph 3(2) is amended to read as follows:
``(2) Such provision of the annual foreign operations,
export financing, and related programs appropriations Acts for
fiscal years 2005 and 2006, as are comparable to section 512 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2001 (Public Law 106-429; 114 Stat. 1900A-
25).''; and
(4) section 6 is amended by striking ``2003'' and inserting
in lieu thereof ``2006''.
(l) Enterprise Fund and Foundation.--Funds appropriated under the
heading ``Economic Support Fund'' in this or any prior Act making
appropriations for foreign operations, export financing and related
programs 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 Enterprise Fund and Foundation, or any other similar
entities, for the Middle East region, to support democracy and private
enterprise building, respectively, as well as for related purposes:
Provided, 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 fund, 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,
including by grant and financing: Provided further, That prior to the
initial obligation of funds for any such fund, 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 amounts made available
pursuant to such authorities are not provided to or through any
individual or group that the management of the fund, foundation or
entity knows or has reason to believe, advocates, plans, sponsors, or
otherwise engages in terrorist activities: Provided further, That
section 6030 of this Act shall apply to any such fund, foundation, or
similar entity established by this subsection.
(m) 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.''.
(n) 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''.
(o) Administrative Expenses.--Of the funds made available under the
heading ``Economic Support Fund'' for assistance for the West Bank and
Gaza, not to exceed $2,000,000, in addition to funds otherwise
available for such purposes, may be used for administrative expenses of
the United States Agency for International Development to carry out
programs in the West Bank and Gaza.
arab league boycott of israel
Sec. 6035. 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. 6036. (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. 6037. (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. 6038. 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. 6039. 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 $750,000 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. 6040. 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. 6041. 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. 6042. (a) None of the funds appropriated or otherwise made
available by this Act may be available for assistance for 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. 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. 6043. (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. 6044. 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. 6045. 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. 6046. 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. 6047. 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. 6048. 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. 6049. (a) Of the funds appropriated by this Act, not less than
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) Funds made available for assistance for Haiti shall be made
available to support elections in Haiti after the Secretary of State
submits a written report to the Committees on Appropriations, the House
International Relations Committee and the Senate Foreign Relations
Committee setting forth a detailed plan, in consultation with the
Haitian Transitional Government and the United Nations Stabilization
Mission (MINUSTAH), which includes an integrated public security
strategy to strengthen the rule of law, ensure that acceptable security
conditions exist to permit an electoral process with broad based
participation by all the political parties, and provide a timetable for
the demobilization, disarmament and reintegration of armed groups:
Provided, That following the receipt of such report, up to $3,000,000
of the funds made available under subsection (a)(3) should be made
available for the demobilization, disarmament, and reintegration of
armed groups in Haiti.
limitation on assistance to the palestinian authority
Sec. 6050. (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. 6051. None of the funds made available by this Act for
assistance 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. 6052. 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. 6053. 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. 6054. (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 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. 6055. (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 6050 of this Act (``Limitation on Assistance to
the Palestinian Authority'').
colombia
Sec. 6056. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated by this
Act that are available for 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 Armed Forces are respecting the
legal, cultural, and territorial rights of Colombia's
indigenous communities.
(3) The balance of such funds may be obligated after July
31, 2006, if the Secretary of State certifies and reports to
the appropriate congressional 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.--
(1) Prior to making the certifications required by
subsection (a), the Secretary of State shall consult with the
appropriate congressional committees and with the Office of the
High Commissioner for Human Rights in Colombia regarding each
of the conditions specified in paragraphs (2)(A) through (F) of
that subsection.
(2) Not later than 60 days after the date of 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. 6057. (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. 6058. 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. 6059. (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) 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 109-72.
contributions to united nations population fund
Sec. 6060. (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, $35,000,000 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 $20,000,000
shall be derived from funds appropriated under the heading
``International Organizations and Programs''.
(b) Availability of Funds.--Funds appropriated under the heading
``International Organizations and Programs'' in this Act that are
available for the 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
only 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.
(e) Use of Funds.--None of the funds made available for the UNFPA
in this section may be used for any purpose except--
(1) to provide and distribute equipment, medicine, and
supplies, including safe delivery kits and hygiene kits, to
ensure safe childbirth and emergency obstetric care;
(2) to prevent and treat cases of obstetric fistula;
(3) to make available supplies of contraceptives for the
prevention of pregnancy and sexually transmitted infections,
including HIV/AIDS;
(4) to reestablish maternal health services in areas where
medical infrastructure and such services have been destroyed by
natural disasters;
(5) to eliminate the practice of female genital mutilation;
or
(6) to promote the access of unaccompanied women and other
vulnerable people to vital services, including access to water,
sanitation facilities, food, and health care.
war criminals
Sec. 6061. (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. 6062. 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. 6063. (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. 6064. (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. 6065. (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. 6066. (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''.
reporting requirement
Sec. 6067. The Secretary of State shall provide the Committees on
Appropriations, not later than January 1, 2006, and for each fiscal
quarter thereafter, 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.
reconciliation programs
Sec. 6068. Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $20,000,000 shall be made available,
notwithstanding any other provision of law, 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. 6069. (a) Availability of Funds.--Of the funds appropriated by
title III of this Act, not less than $112,350,000 should be made
available for assistance for Sudan.
(b) Limitation on Assistance.--Subject to subsection (c):
(1) Notwithstanding section 501(a) of the International
Malaria Control Act of 2000 (Public Law 106-570) or any other
provision of law, 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,
with regard to assistance in support of a viable peace agreement,
Southern Kordofan/Nuba Mountains State, Blue Nile State and Abyei.
peacekeeping activities
Sec. 6070. Notwithstanding any other provision of law, of the funds
appropriated or otherwise made available in this Act, not more than
$1,035,500,000 shall be available for payment to the United Nations for
assessed and other expenses of international peacekeeping activities.
excess defense articles for central and south european countries and
certain other countries
Sec. 6071. 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.
indonesia
Sec. 6072. (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 Armed Forces are taking steps to counter
international terrorism, consistent with democratic principles
and the rule of law, and in cooperation with countries in the
region;
(2) the Indonesian Government is prosecuting and punishing,
in a manner proportional to the crime, members of the Armed
Forces, of whatever rank, who have been credibly alleged to
have committed gross violations of human rights or to have
aided or abetted militia groups;
(3) 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
(4) at the direction of the President of Indonesia, the
Armed Forces are implementing reforms to increase the
transparency and accountability of their operations and
financial management.
(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.
limitation on contracts
Sec. 6073. None of the funds made available under this Act may be
used to fund any contract in contravention of section 8(d)(6) of the
Small Business Act (15 U.S.C. 637(d)(6)).
environment programs
Sec. 6074. (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 45 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: (i) accurately accounting for revenues
and expenditures in connection with the extraction and export
of the type of natural resource to be extracted or exported;
(ii) the independent auditing of such accounts and the
widespread public dissemination of the audits; and (iii)
verifying government receipts against company payments
including widespread dissemination of such payment information
in a manner that does not create competitive disadvantage or
disclose proprietary information.
(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. 6075. 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. 6076. (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. 6077. (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, to be allocated as follows--
(1) $1,500,000 for United States organizations that
specialize in advocacy for people with disabilities, to provide
training, technical, and related assistance for foreign
nongovernmental organizations that work primarily on behalf of
people with disabilities in developing countries; and
(2) $2,500,000 for equipment and other assistance for such
foreign nongovernmental organizations.
(b) Of the funds appropriated under the heading ``Operating
Expenses of the United States Agency for International Development'',
up to $1,000,000 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.
zimbabwe
Sec. 6078. 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.
tibet
Sec. 6079. (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.
discrimination against minority religious faiths in the russian
federation
Sec. 6080. 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. 6081. (a) The Congress recognizes the important contribution
that the democratically elected Government of Nigeria has played in
fostering stability in West Africa.
(b) 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.
(c) 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 III 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.
(d) The prohibition in subsection (c) 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 SCSL or
ICTR; (2) a strategy for bringing the indictee before ICTR or SCSL; and
(3) the justification for exercising the waiver authority.
admission of refugees
Sec. 6082. (a) The Secretary of State shall utilize private
voluntary organizations with expertise in the protection needs of
refugees in the processing of refugees overseas for admission and
resettlement to the United States, and shall utilize such agencies in
addition to the United Nations High Commissioner for Refugees in the
identification and referral of refugees.
(b) The Secretary of State should maintain a system for accepting
referrals of appropriate candidates for resettlement from local
private, voluntary organizations and work to ensure that particularly
vulnerable refugee groups receive special consideration for admission
into the United States, including--
(1) long-stayers in countries of first asylum;
(2) unaccompanied refugee minors;
(3) refugees outside traditional camp settings; and
(4) refugees in woman-headed households.
(c) The Secretary of State shall give special consideration to--
(1) refugees of all nationalities who have close family
ties to citizens and residents of the United States; and
(2) other groups of refugees who are of special concern to
the United States.
unobligated balances
Sec. 6083. The amount appropriated in this Act is hereby reduced by
$200,296,000 to reduce unobligated balances as follows:
(1) From ``Diplomatic and Consular Programs'',
$100,296,000.
(2) From ``International Narcotics Control and Law
Enforcement'', $100,000,000.
security in asia
Sec. 6084. (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) $45,000,000 for assistance for the Philippines;
(2) $1,500,000 for assistance for Indonesia;
(3) $1,000,000 for assistance for Bangladesh;
(4) $4,000,000 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,
$25,000,000 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 6072 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 6054 of
this Act: Provided, That such funds shall only be made available
subject to the regular notification procedures of the Committees on
Appropriations.
(e) Nepal.--
(1) The Congress condemns the Maoist insurgency's
atrocities against civilians, including torture, extrajudicial
killings, and forced recruitment of children.
(2) The Congress recognizes the difficulties the Royal
Nepalese Army (RNA) faces in countering the Maoist threat, but
deplores the violations of human rights by the RNA.
(3) 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:
(A) has released all political detainees, including
those detained before February 1, 2005;
(B) has restored civil liberties, including due
process under law, freedoms of speech, the press and
association, and the right of movement;
(C) has demonstrated, through dialogue with Nepal's
political parties, a commitment to a clear timetable
for the return to multi-party, democratic government
consistent with the 1990 Nepalese Constitution;
(D) is ensuring that the Commission for
Investigation of Abuse of Authority is receiving
adequate support to effectively implement its anti-
corruption mandate and that no other anti-corruption
body is functioning in violation of the 1990 Nepalese
Constitution or international standards of due process;
(E) has determined the number of and is complying
with habeas corpus orders issued by Nepal's Supreme
Court and appellate courts, including all outstanding
orders, and the security forces are respecting these
orders;
(F) is restoring the independence of the National
Human Rights Commission of Nepal (NHRC) in accordance
with constitutional provisions, including providing
adequate funding and staff;
(G) is granting civilian prosecutors and judicial
authorities, the NHRC, the Office of the United Nations
High Commissioner for Human Rights in Nepal, and
international humanitarian organizations, unannounced
and unimpeded access to all detainees, witnesses,
relevant documents, and other requested information,
and is cooperating with these entities to identify and
resolve all security related cases involving persons in
government custody; and
(H) is taking effective steps to (i) ensure that
Nepalese security forces comply with the Geneva
Convention on Law of Land Warfare; (ii) end torture,
extrajudicial killings, and other gross violations of
human rights; and (iii) prosecute and punish, in a
manner proportional to the crime, members of such
forces who are responsible for such violations.
(4) The Secretary of State may waive the requirements of
paragraph (3) if the Secretary certifies to the Committees on
Appropriations that to do so is in the national security
interests of the United States.
united nations development program in burma
Sec. 6085. (a) Notwithstanding any other provision of law, of the
funds appropriated in any title of this Act, an amount equal to the
amount the United Nations Development Program will spend in Burma
(including all programs and activities administered by the United
Nations Development Program) shall be withheld until the Secretary of
State determines and reports to the Committees on Appropriations that
all programs and activities of the United Nations Development Program
(including all programs and activities administered by the United
Nations Development Program) in Burma--
(1) are undertaken only through international or private
voluntary organizations that the Secretary of State deems
independent of the State Peace and Development Council (SPDC);
(2) provide no financial, political, or military benefit,
including the provision of goods, services, or per diems, to
the SPDC or any agency or entity of, or affiliated with, the
SPDC (including the Myanmar Maternal and Child Welfare
Association, the Myanmar Council of Churches, the Myanmar
Medical Association, the Myanmar Women Affairs Federation, and
the Union of Solidarity Development Association); and
(3) are carried out only after consultation with the
leadership of the National League for Democracy.
(b) Not later than 180 days after the date of enactment of this
Act, the Secretary of State shall submit to the Committees on
Appropriations a report detailing all programs and activities of the
United Nations Development Program (including all programs and
activities administered by the United Nations Development Programs) in
Burma and all recipients and subrecipients of funds provided under such
programs and activities.
democracy exception
Sec. 6086. Funds appropriated for fiscal year 2005 under the
headings ``Economic Support Fund'' and ``International Military
Education and Training'' 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.
university programs
Sec. 6087. Of the funds appropriated by title III of this Act, not
less than $40,000,000 shall be made available to the Office of the
Higher Education Community Liaison in the Bureau for Economic Growth,
Agriculture and Trade of the United States Agency for International
Development and used for projects and activities of United States-based
colleges and universities: Provided, That these funds shall be in
addition to funds otherwise available under this Act for such programs.
rescission
Sec. 6088. Of the unobligated balances available under the heading
``United States-Canada Alaska Rail Commission Salaries and Expenses''
in prior Acts making appropriations for the Departments of Commerce,
Justice and State, the Judiciary and related agencies, $2,000,000 is
rescinded.
cooperation with cuba on counter-narcotics matters
Sec. 6089. (a) Subject to subsection (b), of the funds appropriated
under the heading ``International Narcotics Control and Law
Enforcement'', $5,000,000 should be made available for the purposes of
preliminary work by the Department of State, or such other entity as
the Secretary of State may designate, to establish cooperation with
appropriate agencies of the Government of Cuba on counter-narcotics
matters, including matters relating to cooperation, coordination, and
mutual assistance in the interdiction of illicit drugs being
transported through Cuba airspace or over Cuba waters.
(b) The amount in subsection (a) shall not be available if the
President certifies that--
(1) Cuba does not have in place appropriate procedures to
protect against the loss of innocent life in the air and on the
ground in connection with the interdiction of illegal drugs;
and
(2) there is evidence of involvement of the Government of
Cuba in drug trafficking.
francophone countries
Sec. 6090. Of the funds appropriated by title III of this Act, not
less than $5,000,000 shall be made available for English language
training programs for Vietnam, Cambodia, Laos, Mali, Cote D'Ivoire,
Senegal, and other Francophone countries.
transfer of funds
Sec. 6091. Of the funds appropriated in this Act under the heading
``Andean Counterdrug Initiative'', up to $40,000,000 shall be made
available for security assistance and nonproliferation activities in
the Western Hemisphere: Provided, That of this amount, up to
$10,000,000 shall be transferred to ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'' for the destruction of man portable air
defense systems, small arms, and light weapons: Provided further, That
up to $30,000,000 shall be transferred to ``Foreign Military Financing
Program'' for military and security assistance to coalition partners in
Iraq and Afghanistan.
organized crime and corruption in central america
Sec. 6092. (a) In addition to the amounts requested under the
heading ``Economic Support Fund'' for assistance for Guatemala and
Nicaragua in fiscal year 2006, not less than $5,000,000 should be made
available for programs and activities to strengthen the Guatemalan
Government's capabilities to combat organized crime and corruption, and
not less than $5,000,000 should be made available for media and civil
society programs and activities to combat corruption and strengthen
democracy in Nicaragua.
(b) Funds made available pursuant to this section shall be subject
to prior consultation with, and the regular notification procedures of,
the Committees on Appropriations.
iraq
Sec. 6093. (a) Of the funds available under the heading ``Economic
Support Fund'' for assistance for Iraq, not less than $10,000,000, to
remain available until September 30, 2007, shall be transferred to and
merged with funds appropriated under the heading ``Iraqi Relief and
Reconstruction Fund'' in chapter 2 of title II of P.L. 108-106 and
shall be made available for the Marla Ruzicka Iraqi War Victims Fund.
(b) Of the funds available under the heading ``Economic Support
Fund'' for assistance for Iraq, not less than $1,000,000 shall be made
available for programs and activities to strengthen the capacity of the
Government of Iraq to transparently manage its revenues, including oil
revenues, in accordance with international best practices.
neglected diseases
Sec. 6094. Of the funds appropriated under the heading ``Child
Survival and Health Programs Fund'', not less than $30,000,000 shall be
made available to establish an Integrated Multi-Disease Control
(``IMDC'') Initiative to demonstrate the health and economic benefits
of an 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, in
consultation with the Secretary of State, should identify an
appropriate multilateral mechanism to carry out this purpose and
maximize the leverage of the United States contribution with those of
other donors: Provided further, That the IMDC Initiative should operate
under the oversight of an Advisory Board to include representatives
from the relevant international technical nongovernmental organizations
addressing the specific diseases, recipient countries, donor countries,
the private sector, UNICEF and the World Health Organization: Provided
further, That the Advisory Board should be authorized to make
programmatic decisions and evaluate the effectiveness of programs:
Provided further, That funds made available pursuant to this section
shall be subject to the regular notification procedures of the
Committees on Appropriations.
orphans, displaced and abandoned children
Sec. 6095. Of the funds appropriated under title III of this Act,
not less than $3,000,000 shall be made available for pilot projects to
improve the capacity of foreign government agencies and nongovernmental
organizations to prevent abandonment, address the needs of orphans,
displaced and abandoned children and provide permanent homes through
family reunification, guardianship and domestic adoptions.
forensic assistance
Sec. 6096. Of the funds appropriated under title III of this Act,
not less than $3,000,000 shall be made available through the Bureau of
Democracy, Human Rights and Labor, Department of State, to support
investigations, including DNA analysis, in cases of extrajudicial
killings and child disappearances in Central and South America:
Provided, That funds appropriated under this section are in addition to
funds otherwise made available for such purposes.
coordinator for indigenous peoples issues
Sec. 6097. (a) After consultation with the Committees on
Appropriations and not later than 90 days after enactment of this Act,
the Administrator of the United States Agency for International
Development shall designate a ``Coordinator for Indigenous Peoples
Issues'' whose responsibilities shall include the following--
(1) consulting with representatives of indigenous peoples
organizations;
(2) ensuring that the rights and needs of indigenous
peoples are effectively addressed in United States Agency for
International Development policies, programs and activities;
(3) monitoring the design and implementation of United
States Agency for International Development policies, programs
and activities which directly or indirectly affect indigenous
peoples; and
(4) coordinating with other Federal agencies on relevant
issues relating to indigenous peoples.
reprogramming of funds
Sec. 6098. (a) None of the funds provided under title I of this
Act, or provided under previous appropriations Acts to accounts under
such title that remain available for obligation or expenditure in
fiscal year 2006, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by such title, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates new
programs; (2) eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates an office or
employees; (5) reorganizes or renames offices; (6) reorganizes,
programs or activities; or (7) contracts out or privatizes any
functions or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under title I of this Act, or
provided under previous appropriations Acts to accounts under such
title that remain available for obligation or expenditure in fiscal
year 2006, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by such title, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogramming of funds
in excess of $750,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2) reduces by 10
percent funding for any existing program, project, or activity, or
numbers of personnel by 10 percent as approved by Congress; or (3)
results from any general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Appropriations Committees of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
peacekeeping missions
Sec. 6099. None of the funds made available by this Act may be used
for any United Nations undertaking when it is made known to the Federal
official having authority to obligate or expend such funds that: (1)
the United Nations undertaking is a peacekeeping mission; (2) such
undertaking will involve United States Armed Forces under the command
or operational control of a foreign national; and (3) the President's
military advisors have not submitted to the President a recommendation
that such involvement is in the national security interests of the
United States and the President has not submitted to the Congress such
a recommendation.
unobligated balances report
Sec. 6100. Any Department or Agency to which funds are appropriated
in this Act shall provide to the Committees on Appropriations a
quarterly accounting of the cumulative balances of any unobligated
funds that were received by such agency during any previous fiscal
year.
restrictions on united nations delegations
Sec. 6101. None of the funds made available in title I of this Act
may be used to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations if such
commission is chaired or presided over by a country, the government of
which the Secretary of State has determined, for purposes of section
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)), has provided support for acts of international terrorism.
embassy construction
Sec. 6102. (a) Except as provided in subsection (b), a project to
construct a diplomatic facility of the United States may not include
office space or other accommodations for an employee of a Federal
agency or department if the Secretary of State determines that such
department or agency has not provided to the Department of State the
full amount of funding required by subsection (e) of section 604 of the
Secure Embassy Construction and Counterterrorism Act of 1999 (as
enacted into law by section 1000(a)(7) of Public Law 106-113 and
contained in appendix G of that Act; 113 Stat. 1501A-453), as amended
by section 629 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a project to
construct a diplomatic facility of the United States may include office
space or other accommodations for members of the Marine Corps.
allowances and differentials
Sec. 6103. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by 5 U.S.C. 3109; and for hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).
transfer authority
Sec. 6104. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State in
title I of this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers: Provided,
That not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Broadcasting Board of Governors in this
Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 6088 of this Act and shall not
be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
united states citizens born in jerusalem
Sec. 6105. For the purposes of registration of birth, certification
of nationality, or issuance of a passport of a United States citizen
born in the city of Jerusalem, the Secretary of State shall, upon
request of the citizen, record the place of birth as Israel.
senior policy operating group
Sec. 6106. (a) The Senior Policy Operating Group on Trafficking in
Persons, established under section 406 of division B of Public Law 108-
7 to coordinate agency activities regarding policies (including grants
and grant policies) involving the international trafficking in persons,
shall coordinate all such policies related to the activities of
traffickers and victims of severe forms of trafficking.
(b) None of the funds provided in this or any other Act shall be
expended to perform functions that duplicate coordinating
responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to the
authorities that appointed them pursuant to section 406 of division B
of Public Law 108-7.
state department authorities
Sec. 6107. Funds appropriated under title I of this Act for the
Broadcasting Board of Governors and the Department of State may be
obligated and expended notwithstanding section 15 of the State
Department Basic Authorities Act of 1956, section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236), and section 504(a)(1) of the National Security Act of 1947
(50 U.S.C. 414(a)(1)).
report on indonesian cooperation
Sec. 6108. Funds available under the heading ``International
Military Education and Training'' may only be made available for
assistance for Indonesia if the Secretary of State submits 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.
west papua report
Sec. 6109. Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committee on
Appropriations, describing--
(1) the approximate number of Indonesian troops in West
Papua including trends in the number and deployment of security
forces, the approximate number of armed separatists, and
progress toward a political settlement of the conflict there
including initiatives from Papuan civil society such as the
``land of peace'' proposal;
(2) current humanitarian and human rights conditions in
West Papua, including access for international and domestic
humanitarian and human rights groups and the media;
(3) the extent to which international funding for
reconstruction in Aceh is being contracted or subcontracted to
firms controlled by or affiliated with the Indonesian military,
and the involvement of Acehnese local and provincial government
and civil society in planning and decision-making in
reconstruction efforts;
(4) human rights conditions in Aceh, the approximate number
of Indonesian troops in Aceh including trends in the number and
deployment of security forces, and efforts by the United States
Government to promote a political settlement of the conflict;
and
(5) activities of militia, including jihadist-oriented
militia, and the extent to which members of Indonesia's
security forces support these militia.
demobilization of foreign terrorist organizations
Sec. 6110. (a) Certification.--Funds appropriated by this Act that
are available for assistance for Colombia may not be made available for
demobilization/reintegration of any Colombian-based foreign terrorist
organization (FTO) or its members, unless it is for limited activities
that are determined by the Justice Department to be consistent with
United States anti-terrorism laws, and the Secretary of State certifies
to the Committees on Appropriations that:
(1) The Government of Colombia has not adopted any law or
policy that is inconsistent with its obligations under the
United States-Colombian treaty on extradition, and has
continued to extradite Colombian citizens to the United States,
including members and former members of such FTO's, in
accordance with that treaty;
(2) The Colombian legal framework governing the
demobilization/reintegration of such FTO or its members:
(A) provides for effective investigation,
prosecution and punishment, in proportion to the crimes
committed, of gross violations of humanitarian law and
drug trafficking committed by members of such FTO's;
(B) conditions sentence reductions for each member
of such FTO on a full and truthful confession of his
involvement in criminal activity; full disclosure of
his knowledge of the FTO's structure, financing
sources, and illegal assets; and turnover of the
totality of his illegal assets;
(C) conditions sentence reductions for each
commander of such FTO on a cessation of illegal
activity by the troops under his command and on the
group's turnover of the totality of its illegal assets;
and
(D) provides that members of such FTO will lose all
sentence reductions under the law if they are
subsequently found to have withheld illegal assets,
lied to the authorities about their criminal activities
in the group, rejoined the same or another FTO, or
engaged in new illegal activities.
(3) An inter-agency working group consisting of
representatives from the Drug Enforcement Administration, the
Department of Justice, and the Departments of State and Defense
has consulted with local and national Colombian law enforcement
and military authorities, representatives from the Office of
the United Nations High Commissioner for Human Rights in
Colombia, and representatives of Colombian civil society
organizations, and has independently concluded in a detailed
report submitted to the Committees on Appropriations, based on
the best information available to the interagency working
group, that:
(A) the FTO is not violating any ceasefire and has
ceased illegal activities, including narco-trafficking,
extortion, and violations of international humanitarian
law;
(B) the FTO's criminal and financial structure is
being destroyed and the FTO, or any part thereof, is
not regrouping to continue illegal activities;
(C) the Government of Colombia is conducting
effective investigations and prosecutions of the
commanders of the FTO's for crimes, including
violations of international humanitarian law,
attributable to them, and, when appropriate,
extraditing them to the United States;
(D) the Government of Colombia is aggressively
implementing an effective procedure to locate and
confiscate illegal assets, held directly or through
third parties, by the FTO and its members, such as
land, laboratories, and other assets used for the
cultivation, processing, and transportation of illegal
narcotics; and
(E) the Government of Colombia is enforcing FTO
ceasefires by barring individuals who are credibly
accused of crimes in breach of any such ceasefire from
receiving benefits for demobilization.
(b) Consultative Process.--Prior to issuing any certification under
this section, the Secretary of State shall consult with internationally
recognized human rights organizations and the Office of the United
Nations High Commissioner for Human Rights in Colombia regarding each
of the conditions specified in this section.
(c) Definitions.--In this section:
(1) Illegal assets.--The term ``illegal assets'' means any
and all assets that FTO's or their members possess either
directly or through third parties, and that--
(A) were acquired through or as a result of
criminal activity; or
(B) were in the past or are at present being used
for criminal activities, including the production,
processing, and trafficking of illicit narcotics.
(2) Commander.--The term ``commander'' means any person who
formally or in practice commands or leads a substantial front
or block of an FTO.
(3) Foreign terrorist organization.--The term ``Foreign
Terrorist Organization'' or ``FTO'' means any and all groups
that were or are, as of the time of certification, on the
Department of State's list of Foreign Terrorist Organizations,
including the United Self-Defense Forces of Colombia (AUC),
Revolutionary Armed Forces of Colombia (FARC), and the National
Liberation Army (ELN).
assistance for foreign nongovernmental organizations
Sec. 6111. Notwithstanding any other provision of law, regulation,
or policy, in determining eligibility for assistance authorized under
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.),
foreign nongovernmental organizations--
(1) shall not be ineligible for such assistance solely on
the basis of health or medical services including counseling
and referral services, provided by such organizations with non-
United States Government funds if such services do not violate
the laws of the country in which they are being provided and
would not violate United States Federal law if provided in the
United States; and
(2) shall not be subject to requirements relating to the
use of non-United States Government funds for advocacy and
lobbying activities other than those that apply to United
States nongovernmental organizations receiving assistance under
part I of such Act.
statement
Sec. 6112. (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:
``International Fisheries Commission''.
``International Broadcasting Operations''.
``Broadcasting Capital Improvements''.
``Assistance for Eastern Europe and the Baltic States''.
``Assistance for the Independent States of the Former
Soviet Union''.
``Global HIV/AIDS Initiative''.
``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.
united states advisory commission on public diplomacy
Sec. 6113. Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) is amended by striking
``October 1, 2005'' and inserting ``October 1, 2006''.
abusive child labor practices in cocoa industry
Sec. 6114. (a) The Senate makes the following findings:
(1) The plight of hundreds of thousands of child slaves
toiling in cocoa plantations in West Africa was reported in a
series by Knight Ridder newspapers in June 2001. (global)
(2) The report found that some of these children are sold
or tricked into slavery. Most of them are between the ages of
12 and 16 and some are as young as 9 years old.
(3) There are 1,500,000 farms in West Africa that produce
approximately 72 percent of the total global supply of cocoa,
with Cote d'Ivoire and Ghana producing about 62 percent and 22
percent, respectively, of the total cocoa production in Africa.
Other key producers are Indonesia, Nigeria, Cameroon, and
Brazil.
(4) United States consumers purchase over $13,000,000,000
in chocolate products annually.
(5) On September 19, 2001, representatives of the chocolate
industry signed a voluntary Protocol for the Growing and
Processing of Cocoa Beans and their Derivative Products in a
Manner that Complies with ILO Convention 182 Concerning the
Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labor.
(6) The Protocol outlines 6 steps the industry formally
agreed to undertake to end abusive and forced child labor on
cocoa farms by July 2005.
(7) A vital step of the Protocol was the development and
implementation by the industry of a credible, transparent, and
publicly accountable industry-wide certification system to
ensure, by July 1, 2005, that cocoa beans and their derivative
products have not been grown or processed by abusive child
labor or slave labor.
(8) Since the Protocol was signed, some positive steps have
been taken to address the worst forms of child labor and slave
labor in cocoa growing, but the July 1, 2005, deadline for
creation and implementation of the certification system was not
fully met.
(b) It is the sense of the Senate that--
(1) the cocoa industry is to be commended, as the Protocol
agreement is the first time that an industry has accepted
moral, social, and financial responsibility for the production
of raw materials, wherever they are produced;
(2) the Government of the Republic of Cote d'Ivoire and the
Government of the Republic of Ghana should be commended for the
tangible steps they have taken to address the situation of
child labor in the cocoa sector;
(3) even though the cocoa industry did not fully meet the
July 1, 2005, deadline for creation and implementation of the
labor certification system, it has agreed to redouble its
efforts to achieve a certification system that will cover 50
percent of the cocoa growing regions of Cote d'Ivoire and Ghana
by July 1, 2008;
(4) the cocoa industry should make every effort to meet
this deadline in Cote d'Ivoire and Ghana and expand the
certification process to other West African nations and any
other country where abusive child labor and slave labor are
used in the growing and processing of cocoa;
(5) an independent oversight body should be designated and
supported to work with the chocolate industry, national
governments, and nongovernmental organizations on the progress
of the development and implementation of the certification
system by July 1, 2008, through a series of public reports;
(6) the governments of West African nations that grow and
manufacture cocoa should consider child labor and forced labor
issues top priorities;
(7) the Office to Monitor and Combat Trafficking in Persons
of the Department of State should include information on the
association between trafficking in persons and the cocoa
industries of Cote d'Ivoire, Ghana, and other cocoa producing
regions in the annual report on trafficking in persons that is
submitted to Congress; and
(8) the Department of State should assist the Government of
Cote d'Ivoire and the Government of Ghana in preventing the
trafficking of persons into the cocoa fields and other
industries in West Africa.
vietnamese refugees
Sec. 6114. 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''.
combatting piracy of united states copyrighted materials
Sec. 6115. (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 available in fiscal year 2006 for the
program authorized by subsection (a).
report on anti-retroviral drug procurement
Sec. 6116. Not later than 180 days after the date of enactment of
this Act, the Coordinator of United States Government Activities to
Combat HIV/AIDS Globally shall make available to the public a report
setting forth the amount of United States funding provided under the
authorities of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et seq.), or
under an amendment made to that Act, to procure anti-retroviral drugs
in a country described in section 1(f)(2)(B)(VII) of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(f)(2)(B)(VII)). The report shall include a detailed description
of the anti-retroviral drugs procured, including--
(1) the amount expended for generic and for name brand
anti-retroviral drugs;
(2) the price paid per unit of each such drug; and
(3) the vendor from which such drugs were purchased.
forced repatriation of refugees in cambodia
Sec. 6117. It is the sense of the Senate that--
(1) the United States Government is deeply concerned with
reports of the planned repatriation to Vietnam of 107
Montagnard refugees by the Government of Cambodia;
(2) the United States Government strongly condemns any
forcible repatriation of refugees by the Government of
Cambodia; and
(3) these refugees should be provided unobstructed legal
assistance from an independent organization in connection with
their appeals for fair review of their refugee claims, and all
such claims should be credibly and thoroughly reviewed by the
Office of the United Nations High Commissioner for Refugees in
Geneva.
transfer of funds
Sec. 6118. Of the funds appropriated in title III for Other
Bilateral Economic Assistance under the heading ``economic support
fund'', $100,000,000 shall be transferred to and merged with funds made
available in title III for the United States Agency for International
Development for a United States contribution to the Global Fund to
Fight AIDS, Tuberculosis and Malaria under the heading ``child survival
and health programs fund''. The funds made available for contribution
to the Global Fund to Fight AIDS, Tuberculosis and Malaria in this
section shall not be available for obligation prior to September 30,
2006.
transfer of funds
Sec. 6119. Of the funds appropriated in title III under the heading
``conflict response fund'', $50,000,000 shall be transferred to, and
merged with, the funds appropriated in title IV under the heading
``foreign military financing program'' and made available to provide
assistance to support the African Union Mission in Sudan.
support for democracy and governance activities in zimbabwe
Sec. 6120. Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $4,000,000 should be made available to
support democracy and governance activities in Zimbabwe consistent with
the provisions of the Zimbabwe Democracy and Economic Recovery Act of
2001 (Public Law 107-99; 22 U.S.C. 2151 note).
venezuela
Sec. 6121. Of the funds appropriated under the heading ``Economic
Support Fund'' up to $2,000,000 should be used for democracy programs
in Venezuela administered through grants by the National Endowment for
Democracy.
Sec. 6122. It is the sense of the Senate that the amount of any
loan for the renovation of the United Nations headquarters building
located in New York, New York, should not exceed $600,000,000:
Provided, That if any loan exceeds $600,000,000, the Secretary of State
shall notify the Congress of the current cost of the renovation and
cost containment measures.
export-import bank
Sec. 6123. None of the funds made available in this Act may be used
by the Export-Import Bank of the United States to approve or administer
a loan, guarantee, or insurance policy, or an application for a loan,
guarantee, or insurance policy, for the development, or for the
increase in capacity, of an ethanol dehydration plant in Trinidad and
Tobago.
Sec. 6124. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a Federal department or agency at any single conference occurring
outside the United States, unless the Secretary of State determines
that such attendance is in the national interest.
malaria
Sec. 6125. Of the funds appropriated under the heading ``Child
Survival and Health Programs Fund'', not less than $105,000,000 should
be made available for programs and activities to combat malaria:
Provided, That such funds should be made available in accordance with
best public health practices, and considerable support should be
provided 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.
report on small arms programs
Sec. 6126. Not later than 180 days after the date of enactment of
this Act, the Secretary of State shall submit to the Committee on
Foreign Relations and the Committee on Appropriations of the Senate and
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives a report--
(1) describing the activities undertaken, and the progress
made, by the Department of State or other agencies and entities
of the United States Government to encourage other states to
cooperate in programs on the stockpile management, security,
and destruction of small arms and light weapons;
(2) listing each state that refuses to cooperate in
programs on the stockpile management, security, and destruction
of small arms and light weapons; and
(3) recommending incentives and penalties that may be used
by the United States Government to encourage states to comply
with programs on the stockpile management, security, and
destruction of small arms and light weapons.
democracy programs in iraq
Sec. 6127. Of the amount appropriated under the heading ``economic
support fund''--
(1) $28,000,000 should be made available for fiscal year
2006 to the International Republican Institute to support, in
consultation with the Bureau of Democracy, Human Rights, and
Labor of the Department of State, democracy building programs
in Iraq in the areas of governance, elections, political
parties, civil society, and women's rights; and
(2) $28,000,000 should be made available for fiscal year
2006 to the National Democratic Institute to support, in
consultation with the Bureau of Democracy, Human Rights, and
Labor of the Department of State, democracy building programs
in Iraq in the areas of governance, elections, political
parties, civil society, and women's rights.
orphans, displaced and abandoned children
Sec. 6128. (a) The Senate--
(1) reaffirms its commitment to the founding principle of
the Hague Convention on Protection of Children and Co-Operation
in Respect of Intercountry Adoption, that a child, for the full
and harmonious development of the child's personality, should
grow up in a family environment, in an atmosphere of happiness,
love, and understanding;
(2) recognizes that each State should take, as a matter of
priority, every appropriate measure to enable a child to remain
in the care of the child's family of origin, but when not
possible should strive to place the child in a permanent and
loving home through adoption;
(3) affirms that intercountry adoption may offer the
advantage of a permanent family to a child for whom a family
cannot be found in the child's State of origin;
(4) affirms that long-term foster care or
institutionalization are not permanent options and should
therefore only be used when no other permanent options are
available; and
(5) recognizes that programs that protect and support
families can reduce the abandonment and exploitation of
children.
(b) The funds appropriated under title III of this Act shall be
made available in a manner consistent with the principles described in
subsection (a).
governments that have failed to permit certain extraditions
Sec. 6129. None of the funds made available in this Act for the
Department of State, other than funds made available in title III under
the heading ``international narcotics control and law enforcement'',
may be used to provide assistance to any country whose government has
notified the Department of State of its refusal to extradite to the
United States an individual, or has not within a reasonable period of
time responded to a request for extradition to the United States of an
individual, charged with committing a criminal offense in the United
States for which the maximum penalty is life imprisonment without the
possibility of parole, or a lesser term of imprisonment, regardless of
the individual's citizenship status.
report on reciprocity
Sec. 6130. (a) Notwithstanding any other provision of law, no
agency or department of the United States may approve a merger between
a United States company and a foreign-owned company or an acquisition
of a United State company by a foreign-owned company prior to 30 days
after the date on which the Secretary of State submits to Congress the
report required by subsection (c).
(b) In this section:
(1) The term ``appropriate congressional committees'' means
the Committee on Appropriations, the Committee on Armed
Services, the Committee on Banking, Housing, and Urban Affairs,
and the Select Committee on Intelligence of the Senate and the
Committee on Appropriations, the Committee on Armed Services,
the Committee on Financial Services, and the Permanent Select
Committee on Intelligence of the House of Representatives.
(2) The term ``foreign-owned company'' means an entity that
is owned or controlled by the government of a foreign country.
(3) The term ``entity'' means a partnership, association,
trust, joint venture, corporation, or other organization.
(4) The term ``owned or controlled'' means--
(A) in the case of a corporation, the holding of at
least 50 percent (by vote or value) of the capital
structure of the corporation; and
(B) in the case of any other kind of legal entity,
the holding of interests representing at least 50
percent of the capital structure of the entity.
(5) The term ``United States company'' means an entity that
has its primary place of business in the United States and that
is publicly traded on a United States based stock exchange.
(c) The report referred to in subsection (a) is a report submitted
to the appropriate congressional committees by the Secretary of State,
in consultation with the Secretary of Commerce, on a proposed merger
between a United States company and a foreign-owned company or an
acquisition of a United State company by a foreign-owned company. Such
report shall include an assessment of whether the law and regulations
of the government that owns or controls the foreign-owned company would
generally permit a United States company in the same industry as the
foreign-owned company to purchase, acquire, merge, or otherwise
establish a joint relationship with an entity whose primary place of
business is located in such foreign country.
oversight of iraq reconstruction
Sec. 6131. (a) 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''.
(b) Of the amount appropriated in chapter 2 of title II of the
Emergency Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117
Stat. 1224) under the heading ``OTHER BILATERAL ECONOMIC ASSISTANCE''
and under the subheading ``iraq relief and reconstruction fund'',
$30,000,000 of unobligated funds should be made available during Fiscal
Year 2006 only to carry out 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), as amended by
section 1203 of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2081): Provided,
That such amount is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress).
report on assistance to victims of crimes in foreign countries
Sec. 6132. (a) Not later than 90 days after the date of enactment
of this Act, the Secretary of State shall submit to the appropriate
congressional committees a report on the services provided to United
States citizens who are victims of violent crime while outside the
United States. The report shall include--
(1) the total number of United States citizens who reported
to a United States embassy or consulate that such citizen was a
victim of violent crime during fiscal year 2005;
(2) a summary of the funding available during fiscal year
2006 through the Department of State to assist United States
citizens who are victims of violent crime while outside the
United States;
(3) the expenditures made during fiscal year 2005 by the
United States to assist such United States citizens;
(4) a proposal for providing services to such United States
citizens who have no other source of funds to obtain such
services, including any necessary organizational changes needed
to provide such services; and
(5) proposals for funding and administering emergency
assistance to such United States citizens who have no other
source of funds.
(b) In this section:
(1) The term ``appropriate congressional committees'' means
the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committees on Appropriations
and the Committee on International Relations of the House of
Representatives.
(2) The term ``violent crime'' means murder, non-negligent
manslaughter, forcible rape, robbery, or aggravated assault.
responsibilities and authorities of united states-china economic and
security review commission
Sec. 6133. (a) Modification of Responsibilities.--Notwithstanding
any provision of section 1238 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), or any other
provision of law, the United States-China Economic and Security Review
Commission established by subsection (b) of that section should
investigate and report exclusively on each of the following areas:
(1) Proliferation practices.--The role of the People's
Republic of China in the proliferation of weapons of mass
destruction and other weapons (including dual use
technologies), including actions the United States might take
to encourage the People's Republic of China to cease such
practices.
(2) Economic transfers.--The qualitative and quantitative
nature of the transfer of United States production activities
to the People's Republic of China, including the relocation of
high technology, manufacturing, and research and development
facilities, the impact of such transfers on United States
national security, the adequacy of United States export control
laws, and the effect of such transfers on United States
economic security and employment.
(3) Energy.--The effect of the large and growing economy of
the People's Republic of China on world energy supplies and the
role the United States can play (including through joint
research and development efforts and technological assistance)
in influencing the energy policy of the People's Republic of
China.
(4) Access to united states capital markets.--The extent of
access to and use of United States capital markets by the
People's Republic of China, including whether or not existing
disclosure and transparency rules are adequate to identify
People's Republic of China companies engaged in harmful
activities.
(5) Regional economic and security impacts.--The triangular
economic and security relationship among the United States,
Taipei, and the People's Republic of China (including the
military modernization and force deployments of the People's
Republic of China aimed at Taipei), the national budget of the
People's Republic of China, and the fiscal strength of the
People's Republic of China in relation to internal instability
in the People's Republic of China and the likelihood of the
externalization of problems arising from such internal
instability.
(6) United states-china bilateral programs.--Science and
technology programs, the degree of non-compliance by the
People's Republic of China with agreements between the United
States and the People's Republic of China on prison labor
imports and intellectual property rights, and United States
enforcement policies with respect to such agreements.
(7) World trade organization compliance.--The compliance of
the People's Republic of China with its accession agreement to
the World Trade Organization (WTO).
(b) Applicability of Federal Advisory Committee Act.--Subsection
(g) of section 1238 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 is amended to read as follows:
``(g) Applicability of FACA.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of
the Commission.''.
nonproliferation and counterproliferation efforts
Sec. 6134. Funds appropriated under title III 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, activities under the Proliferation
Security Initiative, and the Cooperative Threat Reduction program, and
in support of the National Counter Proliferation Center and its
activities.
international police training
Sec. 6135. (a) Requirements for Instructors.--Prior to carrying out
any program of training for police or security forces through the
Bureau that begins after the date that is 180 days after the date of
the enactment of this Act, the Secretary of State shall ensure that--
(1) such training is provided by instructors who have
proven records of experience in training law enforcement or
security personnel;
(2) the Bureau has established procedures to ensure that
the individuals who receive such training--
(A) do not have a criminal background;
(B) are not connected to any criminal or terrorist
organization;
(C) are not connected to drug traffickers; and
(D) meet the minimum age and experience standards
set out in appropriate international agreements; and
(3) the Bureau has established procedures that--
(A) clearly establish the standards an individual
who will receive such training must meet;
(B) clearly establish the training courses that
will permit the individual to meet such standards; and
(C) provide for certification of an individual who
meets such standards after receiving such training.
(b) Advisory Board.--The Secretary of State shall seek the advice
of experts to advise the Bureau on issues related to cost efficiency
and professional efficacy of police and security training programs,
including experts who are experienced United States law enforcement
personnel.
(c) Bureau Defined.--In this section, the term ``Bureau'' means the
Bureau of International Narcotics and Law Enforcement Affairs of the
Department of State.
(d) Report.--Not later than September 30, 2006, the Secretary of
State shall submit to Congress a report describing the implementation
of this section during fiscal year 2006. Such report shall also include
the attrition rates of the instructors of such training and an
assessment of job performance of such instructors.
TITLE VII--MULTILATERAL DEVELOPMENT BANK REFORM
Sec. 7001. Definitions. In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Financial
Services of the House of Representatives.
(2) Multilateral development bank.--The term ``multilateral
development bank'' has the meaning given that term in section
1622 of the International Financial Institutions Act (22 U.S.C.
262p-5).
Sec. 7002. Anticorruption Proposals and Report. (a) Proposals.--Not
later than September 1, 2006, the Secretary of the Treasury shall
develop proposals, including establishing one or more trusts and a set-
aside of loans or grants, to establish a mechanism to assist poor
countries in investigations, prosecutions, prevention of fraud and
corruption, and other actions regarding fraud and corruption related to
a project or program funded by a multilateral development bank.
(b) Report.--Not later than September 1, 2006, the Secretary shall
submit to the appropriate congressional committees a report on the
proposals required by subsection (a).
Sec. 7003. Promotion of Policy Goals at Multilateral Development
Banks. 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.
``The Secretary of the Treasury shall instruct the United States
Executive Director at each multilateral development bank to use the
voice and vote of the United States to inform each such bank and the
executive directors of each such bank of the goals of the United States
and to ensure that each such bank accomplishes the goals set out in
section 1504 of this Act and the following:
``(1) Requires the bank's employees, officers, and
consultants to make an annual disclosure of financial interests
and income of any such person and any other potential source of
conflicts of interest.
``(2) Links project and program design and results to staff
performance appraisals, salaries, and bonuses.
``(3) Implements whistleblower and witness protection
matching that afforded by the Sarbanes-Oxley Act of 2002 (15
U.S.C. 7201 et seq.), the Inspector General Act of 1978 (5
U.S.C. App.), and the best practices promoted or required by
all international conventions against corruption for internal
and lawful public disclosures by the bank's employees and
others affected by such bank's operations of misconduct that
undermines the bank's mission, and for retaliation in
connection with such disclosures.
``(4) Implements disclosure programs for firms and
individuals participating in projects financed by such bank
that are consistent with such programs of the Department of
Defense and the Environmental Protection Agency.
``(5) Ensures 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.
``(6) Implements clear procedures setting forth the
circumstances under which a person will be barred from
receiving a loan, contract, grant, or credit from such bank,
shall make such procedures available to the public, and makes
the identity of such person available to the public.
``(7) Coordinates policies across international
institutions on issues including debarment, cross-debarment,
procurement, and 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 specified
ineligibility period.
``(8) Requires each borrower, grantee, or contractor, and
subsidiaries thereof, to sign a contract to comply with a code
of conduct that embodies the relevant standards of section 104
of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2)
and the international conventions against bribery and
corruption.
``(9) Maintains independent offices of Inspector and
Auditor General which report directly to such bank's board of
directors and an audit committee with its own additional
experts who are independent of management, or access to such
experts, to assist it in ensuring quality control.
``(10) Implements an internationally recognized internal
controls framework supported by adequate staffing, supervision,
and technical systems, and subject to external auditor
attestations of internal controls, meeting operational
objectives, and complying with bank policies.
``(11) Ensures independent forensic audits where fraud or
other corruption in such bank or its operations, projects, or
programs is suspected.
``(12) Evaluates publicly, in cooperation with other
development bodies, the interim and final results of project
and non-project lending and grants on the basis of Millennium
Development Goals, the goals of the Organisation for Economic
Co-operation and Development related to development, and other
established international development goals.
``(13) Requires that each candidate for adjustment or
budget support loans demonstrate transparent budgetary and
procurement processes including legislative and public scrutiny
prior to loan or contract agreement.
``(14) Requires that before approving any natural resource
extraction proposal the affected countries disclose accurately
and audit independently all payments and revenues in connection
with such extraction or derived from such extraction.
``(15) Requires each project where compensation is to be
provided to persons adversely impacted by the project include
impartial and responsive mechanism to receive and resolve
complaints.''.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2006''.
Amend the title so as to read: ``An Act making
appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30,
2006, and for other purposes.''.
Passed the House of Representatives June 28, 2005.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate July 20, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary.