[Congressional Record Volume 151, Number 96 (Friday, July 15, 2005)]
[Senate]
[Pages S8333-S8373]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2006
The ACTING PRESIDENT pro tempore. Under the previous order, the hour
of 10 a.m. having arrived, the Senate will proceed to the consideration
of H.R. 3057, which the clerk will report.
The assistant legislative clerk read as follows:
A bill (H.R. 3057) making appropriations for foreign
operations, export financing, and related programs, for the
fiscal year ending September 30, 2006, and for other
purposes, which had been reported from the Committee on
Appropriations, with an amendment.
(Strike the part shown in black brackets and insert the part shown in
italic.)
H.R. 3057
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page S8334]]
[That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2006, and for other purposes,
namely:
[TITLE I--EXPORT AND INVESTMENT ASSISTANCE
[Export-Import Bank of the United States
[The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any
country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act, that has detonated a nuclear explosive after
the date of the enactment of this Act: Provided further, That
notwithstanding section 1(c) of Public Law 103-428, as
amended, sections 1(a) and (b) of Public Law 103-428 shall
remain in effect through October 1, 2006.
[subsidy appropriation
[For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, $125,000,000, to
remain available until September 30, 2009: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That such sums shall remain
available until September 30, 2024, for the disbursement of
direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2006, 2007, 2008, and 2009:
Provided further, That none of the funds appropriated by this
Act or any prior Act appropriating funds for foreign
operations, export financing, and related programs for tied-
aid credits or grants may be used for any other purpose
except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds
appropriated by this paragraph are made available
notwithstanding section 2(b)(2) of the Export-Import Bank Act
of 1945, in connection with the purchase or lease of any
product by any Eastern European country, any Baltic State or
any agency or national thereof.
[administrative expenses
[For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5
U.S.C. 3109, and not to exceed $30,000 for official reception
and representation expenses for members of the Board of
Directors, $73,200,000 (reduced by $5,000,000): Provided,
That the Export-Import Bank may accept, and use, payment or
services provided by transaction participants for legal,
financial, or technical services in connection with any
transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That,
notwithstanding subsection (b) of section 117 of the Export
Enhancement Act of 1992, subsection (a) thereof shall remain
in effect until October 1, 2006.
[Overseas Private Investment Corporation
[Noncredit Account
[The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such expenditures and commitments
within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit
and insurance programs (including an amount for official
reception and representation expenses which shall not exceed
$35,000) shall not exceed $42,274,000: Provided further, That
project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
[Program Account
[For the cost of direct and guaranteed loans, $20,276,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Non-Credit Account: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That such sums shall be available
for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2006 and 2007: Provided
further, That such sums shall remain available through fiscal
year 2014 for the disbursement of direct and guaranteed loans
obligated in fiscal year 2006, and through fiscal year 2015
for the disbursement of direct and guaranteed loans obligated
in fiscal year 2007: Provided further, That notwithstanding
any provision of the Foreign Assistance Act of 1961, the
Overseas Private Investment Corporation is authorized to
undertake any program authorized by title IV of the Foreign
Assistance Act of 1961 in Iraq: Provided further, That funds
made available pursuant to the authority of the previous
proviso shall be subject to the regular notification
procedures of the Committees on Appropriations.
[In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may
be derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the
Overseas Private Investment Corporation Noncredit Account and
merged with said account.
[Funds Appropriated to the President
[Trade and Development Agency
[For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$50,900,000, to remain available until September 30, 2007.
[TITLE II--BILATERAL ECONOMIC ASSISTANCE
[Funds Appropriated to the President
[For expenses necessary to enable the President to carry
out the provisions of the Foreign Assistance Act of 1961, and
for other purposes, to remain available until September 30,
2006, unless otherwise specified herein, as follows:
[United States Agency for International Development
[Child Survival and Health Programs Fund
[(including transfer of funds)
[For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for child survival, health, and family planning/
reproductive health activities, in addition to funds
otherwise available for such purposes, $1,497,000,000, to
remain available until September 30, 2007: Provided, That
this amount shall be made available for such activities as:
(1) immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which
directly address the needs of mothers and children, and
related education programs; (4) assistance for children
displaced or orphaned by causes other than AIDS; (5) programs
for the prevention, treatment, control of, and research on
HIV/AIDS, tuberculosis, polio, malaria, and other infectious
diseases, and for assistance to communities severely affected
by HIV/AIDS, including children displaced or orphaned by
AIDS; and (6) family planning/reproductive health: Provided
further, That none of the funds appropriated under this
heading may be made available for nonproject assistance,
except that funds may be made available for such assistance
for ongoing health activities: Provided further, That of the
funds appropriated under this heading, not to exceed
$250,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of
child survival, maternal and family planning/reproductive
health, and infectious disease programs: Provided further,
That the following amounts should be allocated as follows:
$347,000,000 for child survival and maternal health;
$25,000,000 for vulnerable children; $350,000,000 for HIV/
AIDS; $200,000,000 for other infectious diseases; and
$375,000,000 for family planning/reproductive health,
including in areas where population growth threatens
biodiversity or endangered species: Provided further, That of
the funds appropriated under this heading, and in addition to
funds allocated under the previous proviso, not less than
$200,000,000 shall be made available for a United States
contribution to the Global Fund to Fight AIDS, Tuberculosis
and Malaria (the ``Global Fund''), and shall be expended at
the minimum rate necessary to make timely payment for
projects and activities: Provided further, That up to 5
percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2006 may be made available to
the United States Agency for International Development for
technical assistance related to the activities of the Global
Fund: Provided further, That of the funds appropriated under
this heading, $65,000,000 should be made available for a
United States contribution to The Vaccine Fund, and up to
$6,000,000 may be transferred to and merged with funds
appropriated by this Act under the heading ``Operating
Expenses of the United States Agency for International
Development'' for costs directly related to international
health, but funds made available for such costs may not be
derived from amounts made available for contribution under
this and preceding provisos: Provided further, That none of
the funds made available in this Act nor any unobligated
balances from prior appropriations may be made available to
any organization or program which, as determined by the
President of the United States, supports or participates in
the management of a program of coercive abortion or
involuntary sterilization: Provided further, That none of the
funds made available under this Act may be used to pay for
the performance of abortion as a method of family planning or
to motivate or coerce any person to practice abortions:
Provided further, That nothing in this paragraph shall be
construed to alter any existing statutory prohibitions
against abortion under section 104 of the Foreign Assistance
Act of 1961: Provided further, That none of the funds made
available under this
[[Page S8335]]
Act may be used to lobby for or against abortion: Provided
further, That in order to reduce reliance on abortion in
developing nations, funds shall be available only to
voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or
acceptors of a particular method of family planning (this
provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to:
(A) an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the Administrator of the
United States Agency for International Development determines
that there has been a violation of the requirements contained
in paragraph (1), (2), (3), or (5) of this proviso, or a
pattern or practice of violations of the requirements
contained in paragraph (4) of this proviso, the Administrator
shall submit to the Committees on Appropriations a report
containing a description of such violation and the corrective
action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104
of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious
or conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided
further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations,
export financing, and related programs, the term
``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent
with local law, of information or counseling about all
pregnancy options: Provided further, That to the maximum
extent feasible, taking into consideration cost, timely
availability, and best health practices, funds appropriated
in this Act or prior appropriations Acts that are made
available for condom procurement shall be made available only
for the procurement of condoms manufactured in the United
States: Provided further, That information provided about the
use of condoms as part of projects or activities that are
funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health
benefits and failure rates of such use.
[development assistance
[For necessary expenses of the United States Agency for
International Development to carry out the provisions of
sections 103, 105, 106, and subtitle A of title VI of chapter
II, and chapter 10 of part I of the Foreign Assistance Act of
1961, $1,460,000,000, to remain available until September 30,
2007: Provided, That $214,000,000 should be allocated for
trade capacity building, of which at least $20,000,000 shall
be made available for labor and environmental capacity
building activities relating to the free trade agreement with
the countries of Central America and the Dominican Republic:
Provided further, That $365,000,000 should be allocated for
basic education: Provided further, That of the funds
appropriated under this heading and managed by the United
States Agency for International Development Bureau of
Democracy, Conflict, and Humanitarian Assistance, not less
than $15,000,000 shall be made available only for programs to
improve women's leadership capacity in recipient countries:
Provided further, That such funds may not be made available
for construction: Provided further, That of the funds
appropriated under this heading that are made available for
assistance programs for displaced and orphaned children and
victims of war, not to exceed $37,500, in addition to funds
otherwise available for such purposes, may be used to monitor
and provide oversight of such programs: Provided further,
That funds appropriated under this heading should be made
available for programs in sub-Saharan Africa to address
sexual and gender-based violence: Provided further, That up
to $15,000,000 should be made available for drinking water
supply projects in east Africa.
[International Disaster and Famine Assistance
[For necessary expenses of the United States Agency for
International Development to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $356,000,000, to remain available
until expended of which $20,000,000 should be for famine
prevention and relief.
[Transition Initiatives
[For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961,
$50,000,000, to remain available until expended, to support
transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include
assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided
further, That the United States Agency for International
Development shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new
program of assistance: Provided further, That if the
President determines that is important to the national
interests of the United States to provide transition
assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign
Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That
funds made available pursuant to the previous proviso shall
be made available subject to prior consultation with the
Committees on Appropriations.
[Development Credit Authority
[(including transfer of funds)
[For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $21,000,000, to remain available until
September 30, 2008, may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and
under the heading ``Assistance for Eastern Europe and the
Baltic States'': Provided, That such funds shall be made
available only for micro and small enterprise programs, urban
programs, and other programs which further the purposes of
part I of the Act: Provided further, That such costs,
including the cost of modifying such direct and guaranteed
loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That funds made available by this paragraph may be
used for the cost of modifying any such guaranteed loans
under this Act or prior Acts, and funds used for such costs
shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the
provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the
Foreign Assistance Act of 1961, as contained in section 306
of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $700,000,000.
[In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $8,000,000, which may be
transferred to and merged with the appropriation for
Operating Expenses of the United States Agency for
International Development: Provided, That funds made
available under this paragraph shall remain available until
September 30, 2007.
[Payment to the Foreign Service Retirement and Disability Fund
[For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act
of 1980, $41,700,000.
[Operating Expenses of the United States Agency for International
Development
[For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$630,000,000, of which up to $25,000,000 may remain available
until September 30, 2007: Provided, That none of the funds
appropriated under this heading and under the heading
``Capital Investment Fund'' may be made available to finance
the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by
the United States Agency for International Development,
unless the Administrator has identified such proposed
construction (including architect and engineering services),
purchase, or long-term lease of offices in a report submitted
to the Committees on Appropriations at least 15 days prior to
the obligation of these funds for such purposes: Provided
further, That the previous proviso shall not apply where the
total cost of construction (including architect and
engineering services), purchase, or long-term lease of
offices does not exceed $1,000,000: Provided further, That
contracts or agreements entered into with funds appropriated
under this heading may entail commitments for the expenditure
of such funds through fiscal year 2006: Provided further,
That none of the funds in this Act may be used to open a new
overseas mission of the United States Agency for
International Development without the prior written
notification of the Committees on Appropriations: Provided
further, That the authority of sections 610 and 109 of the
Foreign Assistance
[[Page S8336]]
Act of 1961 may be exercised by the Secretary of State to
transfer funds appropriated to carry out chapter 1 of part I
of such Act to ``Operating Expenses of the United States
Agency for International Development'' in accordance with the
provisions of those sections.
[Capital Investment Fund
[For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $77,700,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds
appropriated under this heading shall be available for
obligation only pursuant to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of the amounts appropriated under this heading,
not to exceed $55,800,000 may be made available for the
purposes of implementing the Capital Security Cost Sharing
Program: Provided further, That the Administrator of the
United States Agency for International Development shall
assess fair and reasonable rental payments for the use of
space by employees of other United States Government agencies
in buildings constructed using funds appropriated under this
heading, and such rental payments shall be deposited into
this account as an offsetting collection: Provided further,
That the rental payments collected pursuant to the previous
proviso and deposited as an offsetting collection shall be
available for obligation only pursuant to the regular
notification procedures of the Committees on Appropriations:
Provided further, That the assignment of United States
Government employees or contractors to space in buildings
constructed using funds appropriated under this heading shall
be subject to the concurrence of the Administrator of the
United States Agency for International Development.
[Operating Expenses of the United States Agency for International
Development Office of Inspector General
[For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$36,000,000, to remain available until September 30, 2007,
which sum shall be available for the Office of the Inspector
General of the United States Agency for International
Development.
[Other Bilateral Economic Assistance
[Economic Support Fund
[(including transfer of funds)
[For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,558,525,000, to remain available
until September 30, 2007: Provided, That of the funds
appropriated under this heading, not less than $240,000,000
shall be available only for Israel, which sum shall be
available on a grant basis as a cash transfer and shall be
disbursed within 30 days of the enactment of this Act:
Provided further, That not less than $495,000,000 shall be
available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance shall
be provided with the understanding that Egypt will undertake
significant economic reforms which are additional to those
which were undertaken in previous fiscal years: Provided
further, That of the funds made available under this heading
for Egypt, not less than $50,000,000 shall be used for
programs to improve and promote democracy, governance, and
human rights and not less than $50,000,000 shall be used for
education programs: Provided further, That with respect to
the provision of assistance for Egypt for democracy and
governance activities, the organizations implementing such
assistance and the specific nature of that assistance shall
not be subject to the prior approval by the Government of
Egypt: Provided further, That in exercising the authority to
provide cash transfer assistance for Israel, the President
shall ensure that the level of such assistance does not cause
an adverse impact on the total level of nonmilitary exports
from the United States to such country and that Israel enters
into a side letter agreement in an amount proportional to the
fiscal year 1999 agreement: Provided further, That of the
funds appropriated under this heading, not less than
$250,000,000 should be made available only for assistance for
Jordan: Provided further, That $20,000,000 of the funds
appropriated under this heading should be made available for
Cyprus to be used only for scholarships, administrative
support of the scholarship program, bicommunal projects, and
measures aimed at reunification of the island and designed to
reduce tensions and promote peace and cooperation between the
two communities on Cyprus: Provided further, That $40,000,000
of the funds appropriated under this heading should be made
available for assistance for Lebanon, of which not less than
$6,000,000 should be made available for scholarships and
direct support of American educational institutions in
Lebanon: Provided further, That funds appropriated under this
heading that are made available for a Middle East Financing
Facility, Middle East Enterprise Fund, or any other similar
entity in the Middle East shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That not more than $225,000,000 of the
funds made available for assistance for Afghanistan under
this heading may be obligated for such assistance until the
Secretary of State certifies to the Committees on
Appropriations, that the Government of Afghanistan at both
the national and local level, is cooperating fully with
United States funded poppy eradication and interdiction
efforts in Afghanistan: Provided further, That with respect
to funds appropriated under this heading in this Act or prior
Acts making appropriations for foreign operations, export
financing, and related programs, the responsibility for
policy decisions and justifications for the use of such
funds, including whether there will be a program for a
country that uses those funds and the amount of each such
program, shall be the responsibility of the Secretary of
State and the Deputy Secretary of State and this
responsibility shall not be delegated.
[international fund for ireland
[For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$13,500,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall
be made available in accordance with the provisions of the
Anglo-Irish Agreement Support Act of 1986 (Public Law 99-
415): Provided, That such amount shall be expended at the
minimum rate necessary to make timely payment for projects
and activities: Provided further, That funds made available
under this heading shall remain available until September 30,
2007.
[Assistance for Eastern Europe and the Baltic States
[(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $357,000,000, to
remain available until September 30, 2007, which shall be
available, notwithstanding any other provision of law that
restricts assistance to foreign countries and section 660 of
the Foreign Assistance Act of 1961, for assistance and for
related programs for Eastern Europe and the Baltic States.
[(b) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
[(c) The provisions of section 529 of this Act shall apply
to funds appropriated under this heading: Provided, That
local currencies generated by, or converted from, funds
appropriated by this Act and by previous appropriations Acts
and made available for the economic revitalization program in
Bosnia may be used in Eastern Europe and the Baltic States to
carry out the provisions of the Foreign Assistance Act of
1961 and the Support for East European Democracy (SEED) Act
of 1989.
[(d) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not
complied with article III of annex 109A of the General
Framework Agreement for Peace in Bosnia and Herzegovina
concerning the withdrawal of foreign forces, and that
intelligence cooperation on training, investigations, and
related activities between state sponsors of terrorism and
terrorist organizations and Bosnian officials has not been
terminated.
[Assistance for the Independent States of the Former Soviet Union
[(a) For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $477,000,000, to remain available until September
30, 2007: Provided, That the provisions of such chapters
shall apply to funds appropriated by this paragraph: Provided
further, That, notwithstanding any provision of the Freedom
Support Act of 1992, funds appropriated under this heading in
this Act or prior Acts making appropriations for foreign
operations, export financing, and related programs, that are
made available pursuant to the provisions of section 807 of
Public Law 102-511 shall be subject to a 6 percent ceiling on
administrative expenses.
[(b) Of the funds appropriated under this heading, not less
than $52,000,000 should be made available, in addition to
funds otherwise available for such purposes, for assistance
for child survival, environmental and reproductive health,
and to combat HIV/AIDS, tuberculosis and other infectious
diseases, and for related activities.
[(c)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government of the
Russian Federation, 60 percent shall be withheld from
obligation until the President determines and certifies in
writing to the Committees on Appropriations that the
Government of the Russian Federation--
[(A) has terminated implementation of arrangements to
provide Iran with technical expertise, training, technology,
or equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability; and
[(B) is providing full access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in Chechnya.
[(2) Paragraph (1) shall not apply to--
[(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of trafficking
in persons; and
[(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM
Support Act.
[[Page S8337]]
[(d) Section 907 of the FREEDOM Support Act shall not apply
to--
[(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
[(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
[(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
[(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
[(5) any financing provided under the Export-Import Bank
Act of 1945; or
[(6) humanitarian assistance.
[Independent Agencies
[Inter-American Foundation
[For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$19,500,000, to remain available until September 30, 2007.
[African Development Foundation
[For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of
1980, Public Law 96-533, $20,500,000, to remain available
until September 30, 2007: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the board of directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of
the African Development Foundation Act, in exceptional
circumstances the board of directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project: Provided further, That the Foundation
shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.
[Peace Corps
[(including transfer of funds)
[For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), including the purchase of not
to exceed five passenger motor vehicles for administrative
purposes for use outside of the United States, $325,000,000,
to remain available until September 30, 2007: Provided, That
none of the funds appropriated under this heading shall be
used to pay for abortions: Provided further, That the
Director may transfer to the Foreign Currency Fluctuations
Account, as authorized by 22 U.S.C. 2515, an amount not to
exceed $2,000,000: Provided further, That funds transferred
pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations.
[Millennium Challenge Corporation
[For necessary expenses for the ``Millennium Challenge
Corporation'', $1,750,000,000 to remain available until
expended: Provided, That of the funds appropriated under this
heading, up to $75,000,000 may be available for
administrative expenses of the Millennium Challenge
Corporation: Provided further, That up to 10 percent of the
funds appropriated under this heading may be made available
to carry out the purposes of section 616 of the Millennium
Challenge Act of 2003: Provided further, That none of the
funds available to carry out section 616 of such Act may be
made available until the Chief Executive Officer of the
Millennium Challenge Corporation provides a report to the
Committees on Appropriations listing the candidate countries
that will be receiving assistance under section 616 of such
Act, the level of assistance proposed for each such country,
a description of the proposed programs, projects and
activities, and the implementing agency or agencies of the
United States Government: Provided further, That section
605(e)(4) of the Millennium Challenge Act of 2003 shall apply
to funds appropriated under this heading: Provided further,
That funds appropriated under this heading may be made
available for a Millennium Challenge Compact entered into
pursuant to section 609 of the Millennium Challenge Act of
2003 only if such Compact obligates, or contains a commitment
to obligate subject to the availability of funds and the
mutual agreement of the parties to the Compact to proceed,
the entire amount of the United States Government funding
anticipated for the duration of the Compact.
[Department of State
[Global HIV/AIDS Initiative
[For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $1,920,000,000
(reduced by $1,000,000) (increased by $1,000,000), to remain
available until expended: Provided, That of the funds
appropriated under this heading, not less than $200,000,000
shall be made available for a United States Contribution to
the Global Fund to Fight AIDS, Turberculosis and Malaria (the
``Global Fund''), and shall be expended at the minimum rate
necessary to make timely payment for projects and activities:
Provided further, That not more than $12,000,000 of the
funds appropriated under this heading may be made available
for administrative expenses of the Office of the Coordinator
of United States Government Activities to Combat HIV/AIDS
Globally of the Department of State.
[International Narcotics Control and Law Enforcement
[For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $437,400,000 (increased by
$5,000,000), to remain available until September 30, 2008:
Provided, That during fiscal year 2006, the Department of
State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing it
to a foreign country under chapter 8 of part I of that Act
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
Secretary of State shall provide to the Committees on
Appropriations not later than 45 days after the date of the
enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the
proposed uses of all funds under this heading on a country-
by-country basis for each proposed program, project, or
activity: Provided further, That $10,000,000 of the funds
appropriated under this heading should be made available for
demand reduction programs: Provided further, That of the
funds appropriated under this heading, not more than
$33,484,000 may be available for administrative expenses.
[Andean Counterdrug Initiative
[For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support counterdrug
activities in the Andean region of South America,
$734,500,000, to remain available until September 30, 2008:
Provided, That in fiscal year 2006, funds available to the
Department of State for assistance to the Government of
Colombia shall be available to support a unified campaign
against narcotics trafficking, against activities by
organizations designated as terrorist organizations such as
the Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), and the United Self-Defense
Forces of Colombia (AUC), and to take actions to protect
human health and welfare in emergency circumstances,
including undertaking rescue operations: Provided further,
That this authority shall cease to be effective if the
Secretary of State has credible evidence that the Colombian
Armed Forces are not conducting vigorous operations to
restore government authority and respect for human rights in
areas under the effective control of paramilitary and
guerrilla organizations: Provided further, That the President
shall ensure that if any helicopter procured with funds under
this heading is used to aid or abet the operations of any
illegal self-defense group or illegal security cooperative,
such helicopter shall be immediately returned to the United
States: Provided further, That the Secretary of State, in
consultation with the Administrator of the United States
Agency for International Development, shall provide to the
Committees on Appropriations not later than 45 days after the
date of the enactment of this Act and prior to the initial
obligation of funds appropriated under this heading, a report
on the proposed uses of all funds under this heading on a
country-by-country basis for each proposed program, project,
or activity: Provided further, That funds made available in
this Act for demobilization/reintegration of members of
foreign terrorist organizations in Colombia shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations: Provided
further, That section 482(b) of the Foreign Assistance Act of
1961 shall not apply to funds appropriated under this
heading: Provided further, That assistance provided with
funds appropriated under this heading that is made available
notwithstanding section 482(b) of the Foreign Assistance Act
of 1961 shall be made available subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That no United States Armed Forces
personnel or United States civilian contractor employed by
the United States will participate in any combat operation in
connection with assistance made available by this Act for
Colombia: Provided further, That of the funds appropriated
under this heading, not more than $19,015,000 may be
available for administrative expenses of the Department of
State, and not more than $7,800,000 may be available, in
addition to amounts otherwise available for such purposes,
for administrative expenses of the United States Agency for
International Development.
[Migration and Refugee Assistance
[For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the Red
Cross, assistance to refugees, including contributions to the
International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities
to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and
hire of passenger motor vehicles; and services as authorized
by section 3109 of title 5, United States Code, $790,720,000,
which shall remain available until expended: Provided, That
not more than
[[Page S8338]]
$22,000,000 may be available for administrative expenses:
Provided further, That funds appropriated under this heading
may be made available for a headquarters contribution to the
International Committee of the Red Cross only if the
Secretary of State determines (and so reports to the
appropriate committees of Congress) that the Magen David Adom
Society of Israel is not being denied participation in the
activities of the International Red Cross and Red Crescent
Movement.
[United States Emergency Refugee and Migration Assistance Fund
[For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $30,000,000, to remain
available until expended.
[Nonproliferation, Anti-Terrorism, Demining and Related Programs
[For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$400,350,000 (increased by $7,000,000) (reduced by
$7,000,000), to carry out the provisions of chapter 8 of part
II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, chapter 9 of part II of the Foreign Assistance
Act of 1961, section 504 of the FREEDOM Support Act, section
23 of the Arms Export Control Act or the Foreign Assistance
Act of 1961 for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and
related activities, notwithstanding any other provision of
law that restricts assistance to foreign countries, including
activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United
States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That of this amount
not to exceed $37,500,000, to remain available until
expended, may be made available for the Nonproliferation and
Disarmament Fund, notwithstanding any other provision of law
that restricts assistance to foreign countries, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be
made available for the International Atomic Energy Agency
only if the Secretary of State determines (and so reports to
the Congress) that Israel is not being denied its right to
participate in the activities of that Agency: Provided
further, That of the funds made available for demining and
related activities, not to exceed $705,000, in addition to
funds otherwise available for such purposes, may be used for
administrative expenses related to the operation and
management of the demining program: Provided further, That
funds appropriated under this heading that are available for
``Anti-terrorism Assistance'' and ``Export Control and Border
Security'' shall remain available until September 30, 2007:
Provided further, That funds appropriated under this heading
shall be made available for programs and countries in the
amounts contained in the table included in the report
accompanying this Act: Provided further, That any proposed
increases or decreases to the amounts contained in such table
shall be subject to the regular notification procedures of
the Committee on Appropriations and section 634A of the
Foreign Assistance Act of 1961 and notifications shall be
transmitted at least 15 days in advance of the obligation of
funds.
[Department of the Treasury
[International Affairs Technical Assistance
[For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$20,000,000, to remain available until September 30, 2009,
which shall be available notwithstanding any other provision
of law that restricts assistance to foreign countries.
[Debt Restructuring
[For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for
programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling
amounts owed to the United States as a result of concessional
loans made to eligible countries, pursuant to parts IV and V
of the Foreign Assistance Act of 1961, of modifying
concessional credit agreements with least developed
countries, as authorized under section 411 of the
Agricultural Trade Development and Assistance Act of 1954, as
amended, of concessional loans, guarantees and credit
agreements, as authorized under section 572 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees
made pursuant to the Export-Import Bank Act of 1945, by
countries that are eligible for debt reduction pursuant to
title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106-113, $65,000,000, to remain
available until September 30, 2008: Provided, That not less
than $20,000,000 of the funds appropriated under this heading
shall be made available to carry out the provisions of part V
of the Foreign Assistance Act of 1961: Provided further, That
up to $45,000,000 of the funds appropriated under this
heading may be used by the Secretary of the Treasury to pay
to the Heavily Indebted Poor Countries (HIPC) Trust Fund
administered by the International Bank for Reconstruction and
Development amounts for the benefit of countries that are
eligible for debt reduction pursuant to title V of H.R. 3425
as enacted into law by section 1000(a)(5) of Public Law 106-
113: Provided further, That amounts paid to the HIPC Trust
Fund may be used only to fund debt reduction under the
enhanced HIPC initiative by--
[(1) the Inter-American Development Bank;
[(2) the African Development Fund;
[(3) the African Development Bank; and
[(4) the Central American Bank for Economic Integration:
[Provided further, That funds may not be paid to the HIPC
Trust Fund for the benefit of any country if the Secretary of
State has credible evidence that the government of such
country is engaged in a consistent pattern of gross
violations of internationally recognized human rights or in
military or civil conflict that undermines its ability to
develop and implement measures to alleviate poverty and to
devote adequate human and financial resources to that end:
Provided further, That on the basis of final appropriations,
the Secretary of the Treasury shall consult with the
Committees on Appropriations concerning which countries and
international financial institutions are expected to benefit
from a United States contribution to the HIPC Trust Fund
during the fiscal year: Provided further, That the Secretary
of the Treasury shall inform the Committees on Appropriations
not less than 15 days in advance of the signature of an
agreement by the United States to make payments to the HIPC
Trust Fund of amounts for such countries and institutions:
Provided further, That the Secretary of the Treasury may
disburse funds designated for debt reduction through the HIPC
Trust Fund only for the benefit of countries that--
[(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave''
loans; and
[(2) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote
economic growth that are additional to or expand upon those
previously available for such purposes:
[Provided further, That none of the funds made available
under this heading in this or any other appropriations Act
shall be made available for Sudan or Burma unless the
Secretary of the Treasury determines and notifies the
Committees on Appropriations that a democratically elected
government has taken office.
[TITLE III--MILITARY ASSISTANCE
[Funds Appropriated to the President
[International Military Education and Training
[For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$86,744,000, of which up to $3,000,000 may remain available
until expended: Provided, That the civilian personnel for
whom military education and training may be provided under
this heading may include civilians who are not members of a
government whose participation would contribute to improved
civil-military relations, civilian control of the military,
or respect for human rights: Provided further, That funds
appropriated under this heading for military education and
training for Nigeria may only be provided through the regular
notification procedures of the Committees on Appropriations.
[Foreign Military Financing Program
[(including transfer of funds)
[For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,442,300,000: Provided, That of the funds
appropriated under this heading, not less than $2,280,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only
for Egypt: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within 30 days
of the enactment of this Act: Provided further, That to the
extent that the Government of Israel requests that funds be
used for such purposes, grants made available for Israel by
this paragraph shall, as agreed by Israel and the United
States, be available for advanced weapons systems, of which
not less than $595,000,000 shall be available for the
procurement in Israel of defense articles and defense
services, including research and development: Provided
further, That of the funds appropriated by this paragraph,
$206,000,000 should be made available for assistance for
Jordan: Provided further, That funds appropriated or
otherwise made available by this paragraph shall be
nonrepayable notwithstanding any requirement in section 23 of
the Arms Export Control Act: Provided further, That funds
made available under this paragraph shall be obligated upon
apportionment
[[Page S8339]]
in accordance with paragraph (5)(C) of title 31, United
States Code, section 1501(a).
[None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurements has first signed an agreement with the
United States Government specifying the conditions under
which such procurements may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided
further, That none of the funds appropriated under this
heading shall be available for assistance for Sudan and
Guatemala: Provided further, That funds made available under
this heading may be used, notwithstanding any other provision
of law that restricts assistance to foreign countries, for
demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided
further, That only those countries for which assistance was
justified for the ``Foreign Military Sales Financing
Program'' in the fiscal year 1989 congressional presentation
for security assistance programs may utilize funds made
available under this heading for procurement of defense
articles, defense services or design and construction
services that are not sold by the United States Government
under the Arms Export Control Act: Provided further, That
funds appropriated under this heading shall be expended at
the minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$41,600,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase
of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of
administering military assistance and sales: Provided
further, That not more than $373,000,000 of funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control
Act may be obligated for expenses incurred by the Department
of Defense during fiscal year 2006 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation
may be exceeded only through the regular notification
procedures of the Committees on Appropriations: Provided
further, That foreign military financing program funds
estimated to be outlayed for Egypt during fiscal year 2006
shall be transferred to an interest bearing account for Egypt
in the Federal Reserve Bank of New York within 30 days of
enactment of this Act.
[Peacekeeping Operations
[For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$177,800,000: Provided, That none of the funds appropriated
under this heading shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
[TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
[funds appropriated to the president
[International Financial Institutions
[Contribution to the International Development Association
[For payment to the International Development Association
by the Secretary of the Treasury, $950,000,000, to remain
available until expended.
[Contribution to the Multilateral Investment Guarantee Agency
[For payment to the Multilateral Investment Guarantee
Agency by the Secretary of the Treasury, $1,741,515, to
remain available until expended.
[Limitation on Callable Capital Subscriptions
[The United States Governor of the Multilateral Investment
Guarantee Agency may subscribe without fiscal year limitation
to the callable capital portion of the United States share of
such capital in an amount not to exceed $8,126,527.
[Contribution to the Inter-American Investment Corporation
[For payment to the Inter-American Investment Corporation
by the Secretary of the Treasury, $1,741,515, to remain
available until expended.
[Contribution to the Enterprise for the Americas Multilateral
Investment Fund
[For payment to the Enterprise for the Americas
Multilateral Investment Fund by the Secretary of the
Treasury, for the United States contribution to the fund,
$1,741,515, to remain available until expended.
[Contribution to the Asian Development Fund
[For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian
Development Fund, as authorized by the Asian Development Bank
Act, as amended, $115,250,000, to remain available until
expended.
[Contribution to the African Development Bank
[For payment to the African Development Bank by the
Secretary of the Treasury, $5,638,350, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
[limitation on callable capital subscriptions
[The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $88,333,855.
[contribution to the african development fund
[For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $135,700,000, to remain available until
expended.
[Contribution to the European Bank for Reconstruction and Development
[For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $1,015,677 for
the United States share of the paid-in portion of the
increase in capital stock, to remain available until
expended.
[limitation on callable capital subscriptions
[The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$2,249,888.
[Contribution to the International Fund for Agricultural Development
[For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $15,000,000, to remain
available until expended.
[International Organizations and Programs
[For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $328,958,000: Provided, That none
of the funds appropriated under this heading may be made
available to the International Atomic Energy Agency (IAEA).
[TITLE V--GENERAL PROVISIONS
[compensation for united states executive directors to international
financial institutions
[Sec. 501. (a) No funds appropriated by this Act may be
made as payment to any international financial institution
while the United States Executive Director to such
institution is compensated by the institution at a rate
which, together with whatever compensation such Director
receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, or while any alternate United States
Director to such institution is compensated by the
institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
[(b) For purposes of this section ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the
Asian Development Bank, the Asian Development Fund, the
African Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and
Development.
[restrictions on voluntary contributions to united nations agencies
[Sec. 502. None of the funds appropriated by this Act may
be made available to pay any voluntary contribution of the
United States to the United Nations (including the United
Nations Development Program) if the United Nations implements
or imposes any taxation on any United States persons.
[limitation on residence expenses
[Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $100,500 shall be for
official residence expenses of the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars.
[limitation on expenses
[Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the United States Agency for
International Development during the current fiscal year.
[limitation on representational allowances
[Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $125,000 shall be
available for representation allowances for the United States
Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken
to assure that, to the maximum extent possible, United
States-owned foreign currencies are utilized in lieu of
dollars: Provided further, That of the funds made available
by this Act for general costs of administering military
assistance and sales under the heading ``Foreign Military
Financing Program'', not to exceed $4,000 shall be available
for entertainment expenses and not to exceed $130,000
[[Page S8340]]
shall be available for representation allowances: Provided
further, That of the funds made available by this Act under
the heading ``International Military Education and
Training'', not to exceed $55,000 shall be available for
entertainment allowances: Provided further, That of the funds
made available by this Act for the Inter-American Foundation,
not to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the
funds made available by this Act for the Peace Corps, not to
exceed a total of $4,000 shall be available for entertainment
expenses: Provided further, That of the funds made available
by this Act under the heading ``Trade and Development
Agency'', not to exceed $4,000 shall be available for
representation and entertainment allowances: Provided
further, That of the funds made available by this Act under
the heading ``Millennium Challenge Corporation'', not to
exceed $115,000 shall be available for representation and
entertainment allowances.
[prohibition on taxation of united states assistance
[Sec. 506. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide
assistance for a foreign country under a new bilateral
agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a
provision stating that assistance provided by the United
States shall be exempt from taxation, or reimbursed, by the
foreign government, and the Secretary of State shall
expeditiously seek to negotiate amendments to existing
bilateral agreements, as necessary, to conform with this
requirement.
[(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2006 on funds appropriated by this Act by a foreign
government or entity against commodities financed under
United States assistance programs for which funds are
appropriated by this Act, either directly or through
grantees, contractors and subcontractors shall be withheld
from obligation from funds appropriated for assistance for
fiscal year 2007 and allocated for the central government of
such country and for the West Bank and Gaza Program to the
extent that the Secretary of State certifies and reports in
writing to the Committees on Appropriations that such taxes
have not been reimbursed to the Government of the United
States.
[(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
[(d) Reprogramming of Funds.--Funds withheld from
obligation for each country or entity pursuant to subsection
(b) shall be reprogrammed for assistance to countries which
do not assess taxes on United States assistance or which have
an effective arrangement that is providing substantial
reimbursement of such taxes.
[(e) Determinations.--
[(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
[(A) does not assess taxes on United States assistance or
which has an effective arrangement that is providing
substantial reimbursement of such taxes; or
[(B) the foreign policy interests of the United States
outweigh the policy of this section to ensure that United
States assistance is not subject to taxation.
[(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to
any country or entity.
[(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
[(g) Definitions.--As used in this section--
[(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities
financed with United States assistance for programs for which
funds are appropriated by this Act; and
[(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United
States and the government of the country receiving assistance
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally,
or an individual agreement between the Government of the
United States and such government that describes, among other
things, the treatment for tax purposes that will be accorded
the United States assistance provided under that agreement.
[prohibition against direct funding for certain countries
[Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Libya, North Korea, Iran, or Syria: Provided, That for
purposes of this section, except with respect to Libya, the
prohibition on obligations or expenditures shall include
direct loans, credits, insurance and guarantees of the
Export-Import Bank or its agents.
[military coups
[Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to the government of any
country whose duly elected head of government is deposed by
military coup or decree: Provided, That assistance may be
resumed to such government if the President determines and
certifies to the Committees on Appropriations that subsequent
to the termination of assistance a democratically elected
government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to
promote democratic elections or public participation in
democratic processes: Provided further, That funds made
available pursuant to the previous provisos shall be subject
to the regular notification procedures of the Committees on
Appropriations.
[transfers
[Sec. 509. (a)(1) Limitation on Transfers Between
Agencies.--None of the funds made available by this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
[(2) Notwithstanding paragraph (1), in addition to
transfers made by, or authorized elsewhere in, this Act,
funds appropriated by this Act to carry out the purposes of
the Foreign Assistance Act of 1961 may be allocated or
transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of
the Foreign Assistance Act of 1961.
[(b) Transfers Between Accounts.--None of the funds made
available by this Act may be obligated under an appropriation
account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any
authority contained in the Foreign Assistance Act of 1961 to
transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations of the
House of Representatives and the Senate.
[(c) Audit of Inter-Agency Transfers.--Any agreement for
the transfer or allocation of funds appropriated by this Act,
or prior Acts, entered into between the United States Agency
for International Development and another agency of the
United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961 or any
comparable provision of law, shall expressly provide that the
Office of the Inspector General for the agency receiving the
transfer or allocation of such funds shall perform periodic
program and financial audits of the use of such funds:
Provided, That funds transferred under such authority may be
made available for the cost of such audits.
[commercial leasing of defense articles
[Sec. 510. Notwithstanding any other provision of law that
restricts assistance to foreign countries, and subject to the
regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms
Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons
for those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
[availability of funds
[Sec. 511. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, 11, and 12 of part I, section
667, chapters 4, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds provided under the heading ``Assistance for
Eastern Europe and the Baltic States'', shall remain
available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired,
if such funds are initially obligated before the expiration
of their respective periods of availability contained in this
Act: Provided further, That, notwithstanding any other
provision of this Act, any funds made available for the
purposes of chapter 1 of part I and chapter 4 of part II of
the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, shall
remain available until expended.
[limitation on assistance to countries in default
[Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to the government of
any country which is in default during a period in excess of
1 calendar year in payment to the United States of principal
or interest on any loan made to the government of such
country by the United States pursuant to a program for which
funds are appropriated under this Act unless the President
determines, following consultations with the Committees on
Appropriations, that assistance to such country is in the
national interest of the United States.
[commerce and trade
[Sec. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the
[[Page S8341]]
Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other
financial commitments for establishing or expanding
production of any commodity for export by any country other
than the United States, if the commodity is likely to be in
surplus on world markets at the time the resulting productive
capacity is expected to become operative and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations.
[(b) None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or
training in connection with the growth or production in a
foreign country of an agricultural commodity for export which
would compete with a similar commodity grown or produced in
the United States: Provided, That this subsection shall not
prohibit--
[(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States; or
[(2) research activities intended primarily to benefit
American producers.
[surplus commodities
[Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United
States to oppose any assistance by these institutions, using
funds appropriated or made available pursuant to this Act,
for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
[notification requirements
[Sec. 515. For the purposes of providing the executive
branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Child Survival
and Health Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'',
``Assistance for Eastern Europe and the Baltic States'',
``Assistance for the Independent States of the Former Soviet
Union'', ``Economic Support Fund'', ``Global HIV/AIDS
Initiative'', ``Peacekeeping Operations'', ``Capital
Investment Fund'', ``Operating Expenses of the United States
Agency for International Development'', ``Operating Expenses
of the United States Agency for International Development
Office of Inspector General'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Millennium
Challenge Corporation'' (by country only), ``Foreign Military
Financing Program'', ``International Military Education and
Training'', ``Peace Corps'', and ``Migration and Refugee
Assistance'', shall be available for obligation for
activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of
the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the
Committees on Appropriations of both Houses of Congress are
previously notified 15 days in advance: Provided, That the
President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms
Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days
in advance of such commitment: Provided further, That this
section shall not apply to any reprogramming for an activity,
program, or project for which funds are appropriated under
title II of this Act of less than 10 percent of the amount
previously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year:
Provided further, That the requirements of this section or
any similar provision of this Act or any other Act, including
any prior Act requiring notification in accordance with the
regular notification procedures of the Committees on
Appropriations, may be waived if failure to do so would pose
a substantial risk to human health or welfare: Provided
further, That in case of any such waiver, notification to the
Congress, or the appropriate congressional committees, shall
be provided as early as practicable, but in no event later
than 3 days after taking the action to which such
notification requirement was applicable, in the context of
the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a
waiver shall contain an explanation of the emergency
circumstances.
[limitation on availability of funds for international organizations
and programs
[Sec. 516. Subject to the regular notification procedures
of the Committees on Appropriations, funds appropriated under
this Act or any previously enacted Act making appropriations
for foreign operations, export financing, and related
programs, which are returned or not made available for
organizations and programs because of the implementation of
section 307(a) of the Foreign Assistance Act of 1961, shall
remain available for obligation until September 30, 2007.
[independent states of the former soviet union
[Sec. 517. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet
Union--
[(1) unless that government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, respect for commercial
contracts, and equitable treatment of foreign private
investments; and
[(2) if that government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
[Assistance may be furnished without regard to this
subsection if the President determines that to do so is in
the national interest.
[(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union
if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines
that to do so is in the national security interest of the
United States.
[(c) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
[(d) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Kazakhstan, and Uzbekistan shall
be subject to the regular notification procedures of the
Committees on Appropriations.
[(e) Funds made available in this Act for assistance for
the Independent States of the former Soviet Union shall be
subject to the provisions of section 117 (relating to
environment and natural resources) of the Foreign Assistance
Act of 1961.
[(f) In issuing new task orders, entering into contracts,
or making grants, with funds appropriated in this Act or
prior appropriations Acts under the heading ``Assistance for
the Independent States of the Former Soviet Union'' and under
comparable headings in prior appropriations Acts, for
projects or activities that have as one of their primary
purposes the fostering of private sector development, the
Coordinator for United States Assistance to Europe and
Eurasia and the implementing agency shall encourage the
participation of and give significant weight to contractors
and grantees who propose investing a significant amount of
their own resources (including volunteer services and in-kind
contributions) in such projects and activities.
[prohibition on funding for abortions and involuntary sterilization
[Sec. 518. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations.
[export financing transfer authorities
[Sec. 519. Not to exceed 5 percent of any appropriation
other than for administrative
[[Page S8342]]
expenses made available for fiscal year 2006, for programs
under title I of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may
be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of
such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
[special notification requirements
[Sec. 520. None of the funds appropriated by this Act shall
be obligated or expended for Serbia, Sudan, Zimbabwe, or
Pakistan, except as provided through the regular notification
procedures of the Committees on Appropriations.
[definition of program, project, and activity
[Sec. 521. For the purpose of this Act ``program, project,
and activity'' shall be defined at the appropriations Act
account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic
Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered
to include country, regional, and central program level
funding within each such account; for the development
assistance accounts of the United States Agency for
International Development ``program, project, and activity''
shall also be considered to include central, country,
regional, and program level funding, either as: (1) justified
to the Congress; or (2) allocated by the executive branch in
accordance with a report, to be provided to the Committees on
Appropriations within 30 days of the enactment of this Act,
as required by section 653(a) of the Foreign Assistance Act
of 1961.
[child survival and health activities
[Sec. 522. Up to $13,500,000 of the funds made available by
this Act for assistance under the heading ``Child Survival
and Health Programs Fund'', may be used to reimburse United
States Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the United
States Agency for International Development for the purpose
of carrying out activities under that heading: Provided, That
up to $3,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may
be used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out
other development assistance activities: Provided further,
That funds appropriated by titles II and III of this Act that
are made available for bilateral assistance for child
survival activities or disease programs including activities
relating to research on, and the prevention, treatment and
control of, HIV/AIDS may be made available notwithstanding
any provision of the Foreign Assistance Act of 1961 and any
other provision of law that restricts assistance to foreign
countries except for the provisions under the heading ``Child
Survival and Health Programs Fund'' and the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended.
[afghanistan
[Sec. 523. Of the funds appropriated by titles II and III
of this Act, not less than $954,000,000 should be made
available for humanitarian, reconstruction, and related
assistance for Afghanistan: Provided, That of the funds
allocated for assistance for Afghanistan from this Act and
other Acts making appropriations for foreign operations,
export financing, and related programs for fiscal year 2006,
not less than $50,000,000 should be made available to support
programs that directly address the needs of Afghan women and
girls.
[notification on excess defense equipment
[Sec. 524. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees
pursuant to subsection (f) of that section: Provided, That
before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in
accordance with the regular notification procedures of such
Committees if such defense articles are significant military
equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required
elsewhere in this Act for the use of appropriated funds for
specific countries that would receive such excess defense
articles: Provided further, That such Committees shall also
be informed of the original acquisition cost of such defense
articles.
[HIV/AIDS
[Sec. 525. (a) Notwithstanding any other provision of this
Act, 25 percent of the funds that are appropriated by this
Act for a contribution to support the Global Fund to Fight
AIDS, Tuberculosis and Malaria (the ``Global Fund'') shall be
withheld from obligation to the Global Fund until the
Secretary of State certifies to the Committees on
Appropriations that the Global Fund--
[(1) has established clear progress indicators upon which
to determine the release of incremental disbursements;
[(2) is releasing such incremental disbursements only if
positive results have been attained based on those
indicators; and
[(3) is providing support and oversight to country-level
entities, such as country coordinating mechanisms, principal
recipients, and local Fund agents, to enable them to fulfill
their mandates.
[(b) The Secretary of State may waive paragraph (1) of this
subsection if she determines and reports to the Committees on
Appropriations that such waiver is important to the national
interest of the United States.
[democracy programs
[Sec. 526. (a) Not less than $27,000,000 (increased by
$9,000,000) of the funds appropriated by this Act under the
heading ``Economic Support Fund'' should be allocated for the
Human Rights and Democracy Fund: Provided, That up to
$1,200,000 may be used for the Reagan/Fascell Democracy
Fellows program.
[(b) Notwithstanding any other provision of law that
restricts assistance to foreign countries, up to $1,500,000
of the funds appropriated by this Act under the heading
``Economic Support Fund'' may be provided to make grants to
educational, humanitarian, and nongovernmental organizations
and individuals inside Iran and Syria to support the
advancement of democracy and human rights in Iran and Syria,
and such funds may be provided through the National Endowment
for Democracy.
[Prohibition on bilateral assistance to terrorist countries
[Sec. 527. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under
any such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
[(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
or
[(2) otherwise supports international terrorism.
[(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
[debt-for-development
[Sec. 528. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization
which is a grantee or contractor of the United States Agency
for International Development may place in interest bearing
accounts local currencies which accrue to that organization
as a result of economic assistance provided under title II of
this Act and, subject to the regular notification procedures
of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the
assistance was provided to that organization.
[separate accounts
[Sec. 529. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the United States
Agency for International Development shall--
[(A) require that local currencies be deposited in a
separate account established by that government;
[(B) enter into an agreement with that government which
sets forth--
[(i) the amount of the local currencies to be generated;
and
[(ii) the terms and conditions under which the currencies
so deposited may be utilized, consistent with this section;
and
[(C) establish by agreement with that government the
responsibilities of the United States Agency for
International Development and that government to monitor and
account for deposits into and disbursements from the separate
account.
[(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
[(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
[(i) project and sector assistance activities; or
[(ii) debt and deficit financing; or
[(B) for the administrative requirements of the United
States Government.
[(3) Programming accountability.--The United States Agency
for International Development shall take all necessary steps
to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the separate
account established pursuant to subsection (a)(1) are used
[[Page S8343]]
for the purposes agreed upon pursuant to subsection (a)(2).
[(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of
for such purposes as may be agreed to by the government of
that country and the United States Government.
[(5) Reporting requirement.--The Administrator of the
United States Agency for International Development shall
report on an annual basis as part of the justification
documents submitted to the Committees on Appropriations on
the use of local currencies for the administrative
requirements of the United States Government as authorized in
subsection (a)(2)(B), and such report shall include the
amount of local currency (and United States dollar
equivalent) used and/or to be used for such purpose in each
applicable country.
[(b) Separate Accounts for Cash Transfers.--(1) If
assistance is made available to the government of a foreign
country, under chapter 1 or 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate
account and not commingle them with any other funds.
[(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
[(3) Notification.--At least 15 days prior to obligating
any such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
[(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.
[enterprise fund restrictions
[Sec. 530. (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance
with the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
[(b) Funds made available by this Act for Enterprise Funds
shall be expended at the minimum rate necessary to make
timely payment for projects and activities.
[FINANCIAL MARKET ASSISTANCE IN TRANSITION COUNTRIES
[Sec. 531. Of the funds appropriated by this Act under the
headings ``Trade and Development Agency'', ``Development
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Affairs Technical Assistance'',
``Assistance for the Independent States of the Former Soviet
Union'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', and ``Assistance for Eastern Europe and
Baltic States'', not less than $40,000,000 should be made
available for building capital markets and financial systems
in countries in transition.
[authorities for the peace corps, inter-american foundation and african
development foundation
[Sec. 532. Unless expressly provided to the contrary,
provisions of this Act, and provisions contained in prior
Acts authorizing or making appropriations for foreign
operations, export financing, and related programs, shall not
be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American
Foundation Act or the African Development Foundation Act. The
agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which
assistance is prohibited.
[impact on jobs in the united states
[Sec. 533. None of the funds appropriated by this Act may
be obligated or expended to provide--
[(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States; or
[(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture.
[special authorities
[Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro,
Victims of War, Displaced Children, and Displaced Burmese.--
Funds appropriated by this Act that are made available for
assistance for Afghanistan may be made available
notwithstanding section 512 of this Act or any similar
provision of law and section 660 of the Foreign Assistance
Act of 1961, and funds appropriated in titles I and II of
this Act that are made available for Lebanon, Montenegro,
Pakistan, and for victims of war, displaced children, and
displaced Burmese, and to assist victims of trafficking in
persons and, subject to the regular notification procedures
of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries and section 660 of the Foreign Assistance Act of
1961.
[(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law that restricts
assistance to foreign countries and section 660 of the
Foreign Assistance Act of 1961, for the purpose of supporting
tropical forestry and biodiversity conservation activities
and energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to
sections 116, 502B, and 620A of the Foreign Assistance Act of
1961.
[(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Agricultural Trade Development and
Assistance Act of 1954, may be used by the United States
Agency for International Development to employ up to 25
personal services contractors in the United States, for the
purpose of providing direct, interim support for new or
expanded overseas programs and activities managed by the
agency until permanent direct hire personnel are hired and
trained: Provided, That not more than 10 of such contractors
shall be assigned to any bureau or office: Provided further,
That such funds appropriated to carry out title II of the
Agricultural Trade Development and Assistance Act of 1954,
may be made available only for personal services contractors
assigned to the Office of Food for Peace.
[(d)(1) Waiver.--The President may waive the provisions of
section 1003 of Public Law 100-204 if the President
determines and certifies in writing to the Speaker of the
House of Representatives and the President pro tempore of the
Senate that it is important to the national security
interests of the United States.
[(2) Period of Application of Waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
[(e) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development
may provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
[(f) Contingencies.--During fiscal year 2006, the President
may use up to $45,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding the
funding ceiling in section 451(a).
[(g) Reconstituting Civilian Police Authority.--In
providing assistance with funds appropriated by this Act
under section 660(b)(6) of the Foreign Assistance Act of
1961, support for a nation emerging from instability may be
deemed to mean support for regional, district, municipal, or
other sub-national entity emerging from instability, as well
as a nation emerging from instability.
[(h) World Food Program.--Of the funds managed by the
Bureau for Democracy, Conflict, and Humanitarian Assistance
of the United States Agency for International Development,
from this or any other Act, not less than $6,000,000 shall be
made available as a general contribution to the World Food
Program, notwithstanding any other provision of law that
restricts assistance to foreign countries.
[(i) National Endowment for Democracy.--Funds appropriated
by this Act that are provided to the National Endowment for
Democracy may be provided notwithstanding any other provision
of law or regulation that restricts assistance to foreign
countries.
[arab league boycott of israel
[Sec. 535. It is the sense of the Congress that--
[(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
[(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
[[Page S8344]]
[(3) all Arab League states should normalize relations with
their neighbor Israel;
[(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel and find concrete steps to demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and
[(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
[eligibility for assistance
[Sec. 536. (a) Assistance Through Nongovernmental
Organizations.--Restrictions on assistance for foreign
countries contained in this or any other Act shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'':
Provided, That before using the authority of this subsection
to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations under the regular notification
procedures of those committees, including a description of
the program to be assisted, the assistance to be provided,
and the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other
Act.
[(b) Public Law 480.--During fiscal year 2006, restrictions
on assistance to foreign countries contained in this or any
other Act shall not be construed to restrict assistance under
the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
[(c) Exception.--This section shall not apply--
[(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
[(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
[reservations of funds
[Sec. 537. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with
the earmark is made impossible by operation of any provision
of this Act or any other provision contained in prior Acts
authorizing or making appropriations for foreign operations,
export financing, and related programs: Provided, That any
such reprogramming shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That assistance that is reprogrammed
pursuant to this subsection shall be made available under the
same terms and conditions as originally provided.
[(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the United
States Agency for International Development that are
earmarked for particular programs or activities by this or
any other Act shall be extended for an additional fiscal year
if the Administrator of such agency determines and reports
promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant
change in circumstances makes it unlikely that such earmarked
funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are
continued available for an additional fiscal year shall be
obligated only for the purpose of such earmark.
[ceilings and earmarks
[Sec. 538. Ceilings and earmarks contained in this Act
shall not be applicable to funds or authorities appropriated
or otherwise made available by any subsequent Act unless such
Act specifically so directs. Earmarks or minimum funding
requirements contained in any other Act shall not be
applicable to funds appropriated by this Act.
[prohibition on publicity or propaganda
[Sec. 539. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress.
[prohibition of payments to united nations members
[Sec. 540. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation
at international conferences held under the auspices of
multilateral or international organizations.
[nongovernmental organizations--documentation
[Sec. 541. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
[prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
[Sec. 542. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
6(j) of the Export Administration Act of 1979. The
prohibition under this section with respect to a foreign
government shall terminate 12 months after that government
ceases to provide such military equipment. This section
applies with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.
[(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
[(c) Whenever the waiver authority of subsection (b) is
exercised, the President shall submit to the appropriate
congressional committees a report with respect to the
furnishing of such assistance. Any such report shall include
a detailed explanation of the assistance to be provided,
including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States
national interests.
[withholding of assistance for parking fines and real property taxes
owed by foreign countries
[Sec. 543. (a) Subject to subsection (c), of the funds
appropriated by this Act that are made available for
assistance for a foreign country, an amount equal to 110
percent of the total amount of the unpaid fully adjudicated
parking fines and penalties and unpaid property taxes owed by
the central government of such country shall be withheld from
obligation for assistance for the central government of such
country until the Secretary of State submits a certification
to the appropriate congressional committees stating that such
parking fines and penalties and unpaid property taxes are
fully paid.
[(b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities
funded by this Act, after consultation with and subject to
the regular notification procedures of the appropriate
congressional committees, provided that no such funds shall
be made available for assistance for the central government
of a foreign country that has not paid the total amount of
the fully adjudicated parking fines and penalties and unpaid
property taxes owed by such country.
[(c) Subsection (a) shall not include amounts that have
been withheld under any other provision of law.
[(d)(1) The Secretary of State may waive the requirements
set forth in subsection (a) with respect to parking fines and
penalties no sooner than 60 days from the date of enactment
of this Act, or at any time with respect to a particular
country, if the Secretary determines that it is in the
national interests of the United States to do so.
[(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property
taxes if the Secretary of State determines that it is in the
national interests of the United States to do so.
[(e) Not later than 6 months after the initial exercise of
the waiver authority in subsection (d), the Secretary of
State, after consultations with the City of New York, shall
submit a report to the Committees on Appropriations
describing a strategy, including a timetable and steps
currently being taken, to collect the parking fines and
penalties and unpaid property taxes and interest owed by
nations receiving foreign assistance under this Act.
[(f) In this section:
[(1) The term ``appropriate congressional committees''
means the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives.
[(2) The term ``fully adjudicated'' includes circumstances
in which the person to whom the vehicle is registered--
[(A)(i) has not responded to the parking violation summons;
or
[(ii) has not followed the appropriate adjudication
procedure to challenge the summons; and
[(B) the period of time for payment of or challenge to the
summons has lapsed.
[(3) The term ``parking fines and penalties'' means parking
fines and penalties--
[[Page S8345]]
[(A) owed to--
[(i) the District of Columbia; or
[(ii) New York, New York; and
[(B) incurred during the period April 1, 1997, through
September 30, 2005.
[(4) The term ``unpaid property taxes'' means the amount of
unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against
such country by a court of the United States or any State or
subdivision thereof.
[limitation on assistance for the plo for the west bank and gaza
[Sec. 544. None of the funds appropriated by this Act may
be obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of
Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided,
That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act
of 1995 or to suspend the prohibition under other
legislation, funds appropriated by this Act may not be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza.
[war crimes tribunals drawdown
[Sec. 545. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals
or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That
the determination required under this section shall be in
lieu of any determinations otherwise required under section
552(c): Provided further, That the drawdown made under this
section for any tribunal shall not be construed as an
endorsement or precedent for the establishment of any
standing or permanent international criminal tribunal or
court: Provided further, That funds made available for
tribunals other than Yugoslavia, Rwanda, or the Special Court
for Sierra Leone shall be made available subject to the
regular notification procedures of the Committees on
Appropriations.
[landmines
[Sec. 546. Notwithstanding any other provision of law that
restricts assistance to foreign countries, demining equipment
available to the United States Agency for International
Development and the Department of State and used in support
of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in
foreign countries, subject to such terms and conditions as
the President may prescribe.
[restrictions concerning the palestinian authority
[Sec. 547. None of the funds appropriated by this Act may
be obligated or expended to create in any part of Jerusalem a
new office of any department or agency of the United States
Government for the purpose of conducting official United
States Government business with the Palestinian Authority
over Gaza and Jericho or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply
to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States
and officials of the Palestinian Authority, or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles, for the purpose of conducting
official United States Government business with such
authority should continue to take place in locations other
than Jerusalem. As has been true in the past, officers and
employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.
[prohibition of payment of certain expenses
[Sec. 548. None of the funds appropriated or otherwise made
available by this Act under the heading ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Child Survival and Health Programs
Fund'', ``Development Assistance'', and ``Economic Support
Fund'' may be obligated or expended to pay for--
[(1) alcoholic beverages; or
[(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
[Haiti
[Sec. 549. The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
[limitation on assistance to the palestinian authority
[Sec. 550. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
[(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives and the President pro
tempore of the Senate that waiving such prohibition is
important to the national security interests of the United
States.
[(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
[(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
steps the Palestinian Authority has taken to arrest
terrorists, confiscate weapons and dismantle the terrorist
infrastructure. The report shall also include a description
of how funds will be spent and the accounting procedures in
place to ensure that they are properly disbursed.
[limitation on assistance to security forces
[Sec. 551. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign
country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights,
unless the Secretary determines and reports to the Committees
on Appropriations that the government of such country is
taking effective measures to bring the responsible members of
the security forces unit to justice: Provided, That nothing
in this section shall be construed to withhold funds made
available by this Act from any unit of the security forces of
a foreign country not credibly alleged to be involved in
gross violations of human rights: Provided further, That in
the event that funds are withheld from any unit pursuant to
this section, the Secretary of State shall promptly inform
the foreign government of the basis for such action and
shall, to the maximum extent practicable, assist the foreign
government in taking effective measures to bring the
responsible members of the security forces to justice.
[foreign military training report
[Sec. 552. The annual foreign military training report
required by section 656 of the Foreign Assistance Act of 1961
shall be submitted by the Secretary of Defense and the
Secretary of State to the Committees on Appropriations of the
House of Representatives and the Senate by the date specified
in that section.
[authorization requirement
[Sec. 553. Funds appropriated by this Act, except funds
appropriated under the headings ``Trade and Development
Agency'', ``Overseas Private Investment Corporation'', and
``Global HIV/AIDS Initiative'', may be obligated and expended
notwithstanding section 10 of Public Law 91-672 and section
15 of the State Department Basic Authorities Act of 1956.
[cambodia
[Sec. 554. The Secretary of the Treasury should instruct
the United States executive directors of the international
financial institutions to use the voice and vote of the
United States to oppose loans to the Central Government of
Cambodia, except loans to meet basic human needs.
[palestinian statehood
[Sec. 555. (a) Limitation on Assistance.--None of the funds
appropriated by this Act may be provided to support a
Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees
that--
[(1) a new leadership of a Palestinian governing entity has
been democratically elected through credible and competitive
elections;
[(2) the elected governing entity of a new Palestinian
state--
[(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel;
[(B) is taking appropriate measures to counter terrorism
and terrorist financing in the West Bank and Gaza, including
the dismantling of terrorist infrastructures;
[(C) is establishing a new Palestinian security entity that
is cooperative with appropriate Israeli and other appropriate
security organizations; and
[(3) the Palestinian Authority (or the governing body of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
[(A) termination of all claims or states of belligerency;
[(B) respect for and acknowledgement of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the
establishment of demilitarized zones;
[(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
[(D) freedom of navigation through international waterways
in the area; and
[[Page S8346]]
[(E) a framework for achieving a just settlement of the
refugee problem.
[(b) Sense of Congress.--It is the sense of Congress that
the newly-elected governing entity should enact a
constitution assuring the rule of law, an independent
judiciary, and respect for human rights for its citizens, and
should enact other laws and regulations assuring transparent
and accountable governance.
[(c) Waiver.--The President may waive subsection (a) if he
determines that it is vital to the national security
interests of the United States to do so.
[(d) Exemption.--The restriction in subsection (a) shall
not apply to assistance intended to help reform the
Palestinian Authority and affiliated institutions, or a
newly-elected governing entity, in order to help meet the
requirements of subsection (a), consistent with the
provisions of section 550 of this Act (``Limitation on
Assistance to the Palestinian Authority'').
[colombia
[Sec. 556. (a) Determination and Certification Required.--
Funds appropriated by this Act that are available for
assistance for the Colombian Armed Forces, may be made
available as follows:
[(1) Up to 75 percent of such funds may be obligated prior
to a determination and certification by the Secretary of
State pursuant to paragraph (2).
[(2) Up to 12.5 percent of such funds may be obligated only
after the Secretary of State certifies and reports to the
appropriate congressional committees that:
[(A) The Commander General of the Colombian Armed Forces is
suspending from the Armed Forces those members, of whatever
rank who, according to the Minister of Defense or the
Procuraduria General de la Nacion, have been credibly alleged
to have committed gross violations of human rights, including
extra-judicial killings, or to have aided or abetted
paramilitary organizations.
[(B) The Colombian Government is vigorously investigating
and prosecuting those members of the Colombian Armed Forces,
of whatever rank, who have been credibly alleged to have
committed gross violations of human rights, including extra-
judicial killings, or to have aided or abetted paramilitary
organizations, and is promptly punishing those members of the
Colombian Armed Forces found to have committed such
violations of human rights or to have aided or abetted
paramilitary organizations.
[(C) The Colombian Armed Forces have made substantial
progress in cooperating with civilian prosecutors and
judicial authorities in such cases (including providing
requested information, such as the identity of persons
suspended from the Armed Forces and the nature and cause of
the suspension, and access to witnesses, relevant military
documents, and other requested information).
[(D) The Colombian Armed Forces have made substantial
progress in severing links (including denying access to
military intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or tacit
cooperation) at the command, battalion, and brigade levels,
with paramilitary organizations, especially in regions where
these organizations have a significant presence.
[(E) The Colombian Government is dismantling paramilitary
leadership and financial networks by arresting commanders and
financial backers, especially in regions where these networks
have a significant presence.
[(3) The balance of such funds may be obligated after July
31, 2006, if the Secretary of State certifies and reports to
the appropriate congressional committees, after such date,
that the Colombian Armed Forces are continuing to meet the
conditions contained in paragraph (2) and are conducting
vigorous operations to restore government authority and
respect for human rights in areas under the effective control
of paramilitary and guerrilla organizations.
[(b) Congressional Notification.--Funds made available by
this Act for the Colombian Armed Forces shall be subject to
the regular notification procedures of the Committees on
Appropriations.
[(c) Consultative Process.--Not later than 60 days after
the date of enactment of this Act, and every 90 days
thereafter until September 30, 2007, the Secretary of State
shall consult with internationally recognized human rights
organizations regarding progress in meeting the conditions
contained in that subsection.
[(d) Definitions.--In this section:
[(1) Aided or abetted.--The term ``aided or abetted'' means
to provide any support to paramilitary groups, including
taking actions which allow, facilitate, or otherwise foster
the activities of such groups.
[(2) Paramilitary groups.--The term ``paramilitary groups''
means illegal self-defense groups and illegal security
cooperatives.
[illegal armed groups
[Sec. 557. (a) Denial of Visas to Supporters of Colombian
Illegal Armed Groups.--Subject to subsection (b), the
Secretary of State shall not issue a visa to any alien who
the Secretary determines, based on credible evidence--
[(1) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), or the United Self-Defense Forces of
Colombia (AUC), including taking actions or failing to take
actions which allow, facilitate, or otherwise foster the
activities of such groups; or
[(2) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross violations
of human rights, including extra-judicial killings, in
Colombia.
[(b) Waiver.--Subsection (a) shall not apply if the
Secretary of State determines and certifies to the
appropriate congressional committees, on a case-by-case
basis, that the issuance of a visa to the alien is necessary
to support the peace process in Colombia or for urgent
humanitarian reasons.
[prohibition on assistance to the palestinian broadcasting corporation
[Sec. 558. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
[west bank and gaza program
[Sec. 559. (a) Oversight.--For fiscal year 2006, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the appropriate committees of Congress that
procedures have been established to assure the Comptroller
General of the United States will have access to appropriate
United States financial information in order to review the
uses of United States assistance for the Program funded under
the heading ``Economic Support Fund'' for the West Bank and
Gaza.
[(b) Vetting.--Prior to the obligation of funds
appropriated by this Act under the heading ``Economic Support
Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall take all appropriate steps to ensure
that such assistance is not provided to or through any
individual, private or government entity, or educational
institution that the Secretary knows or has reason to believe
advocates, plans, sponsors, engages in, or has engaged in,
terrorist activity. The Secretary of State shall, as
appropriate, establish procedures specifying the steps to be
taken in carrying out this subsection and shall terminate
assistance to any individual, entity, or educational
institution which he has determined to be involved in or
advocating terrorist activity.
[(c) Prohibition.--None of the funds appropriated by this
Act for assistance under the West Bank and Gaza program may
be made available for the purpose of recognizing or otherwise
honoring individuals who commit, or have committed, acts of
terrorism.
[(d) Audits.--
[(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and
significant subcontractors and subgrantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
[(2) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made available for
assistance for the West Bank and Gaza, up to $1,000,000 may
be used by the Office of the Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection. Such funds are in addition
to funds otherwise available for such purposes.
[(e) Subsequent to the certification specified in
subsection (a), the Comptroller General of the United States
shall conduct an audit and an investigation of the treatment,
handling, and uses of all funds for the bilateral West Bank
and Gaza Program in fiscal year 2006 under the heading
``Economic Support Fund''. The audit shall address--
[(1) the extent to which such Program complies with the
requirements of subsections (b) and (c), and
[(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
[contributions to united nations population fund
[Sec. 560. (a) Limitations on Amount of Contribution.--Of
the amounts made available under ``International
Organizations and Programs'' and ``Child Survival and Health
Programs Fund'' for fiscal year 2006, $34,000,000 shall be
made available for the United Nations Population Fund
(hereafter in this section referred to as the ``UNFPA''):
Provided, That of this amount, not less than $25,000,000
shall be derived from funds appropriated under the heading
``International Organizations and Programs''.
[(b) Availability of Funds.--Funds appropriated under the
heading ``International Organizations and Programs'' in this
Act that are available for UNFPA, that are not made available
for UNFPA because of the operation of any provision of law,
shall be transferred to ``Child Survival and Health Programs
Fund'' and shall be made available for family planning,
maternal, and reproductive health activities, subject to the
regular notification procedures of the Committees on
Appropriations.
[(c) Prohibition on Use of Funds in China.--None of the
funds made available under ``International Organizations and
Programs'' may be made available for the UNFPA for a country
program in the People's Republic of China.
[(d) Conditions on Availability of Funds.--Amounts made
available under
[[Page S8347]]
``International Organizations and Programs'' for fiscal year
2006 for the UNFPA may not be made available to UNFPA
unless--
[(1) the UNFPA maintains amounts made available to the
UNFPA under this section in an account separate from other
accounts of the UNFPA;
[(2) the UNFPA does not commingle amounts made available to
the UNFPA under this section with other sums; and
[(3) the UNFPA does not fund abortions.
[war criminals
[Sec. 561. (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any new
project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the
``Tribunal'') all persons in their territory who have been
indicted by the Tribunal and to otherwise cooperate with the
Tribunal.
[(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
[(b) The provisions of subsection (a) shall apply unless
the Secretary of State determines and reports to the
appropriate congressional committees that the competent
authorities of such country, entity, or municipality are--
[(1) cooperating with the Tribunal, including access for
investigators to archives and witnesses, the provision of
documents, and the surrender and transfer of indictees or
assistance in their apprehension; and
[(2) are acting consistently with the Dayton Accords.
[(c) Not less than 10 days before any vote in an
international financial institution regarding the extension
of any new project involving financial or technical
assistance or grants to any country or entity described in
subsection (a), the Secretary of the Treasury, in
consultation with the Secretary of State, shall provide to
the Committees on Appropriations a written justification for
the proposed assistance, including an explanation of the
United States position regarding any such vote, as well as a
description of the location of the proposed assistance by
municipality, its purpose, and its intended beneficiaries.
[(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for
International Development, and the Secretary of the Treasury
shall consult with representatives of human rights
organizations and all government agencies with relevant
information to help prevent indicted war criminals from
benefiting from any financial or technical assistance or
grants provided to any country or entity described in
subsection (a).
[(e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
[(f) Definitions.--As used in this section:
[(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
[(2) Entity.--The term ``entity'' refers to the Federation
of Bosnia and Herzegovina, Kosovo, Montenegro and the
Republika Srpska.
[(3) Municipality.--The term ``municipality'' means a city,
town or other subdivision within a country or entity as
defined herein.
[(4) Dayton accords.--The term ``Dayton Accords'' means the
General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
[user fees
[Sec. 562. The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of
the International Financial Institutions Act) and the
International Monetary Fund to oppose any loan, grant,
strategy or policy of these institutions that would require
user fees or service charges on poor people for primary
education or primary healthcare, including prevention and
treatment efforts for HIV/AIDS, malaria, tuberculosis, and
infant, child, and maternal well-being, in connection with
the institutions' financing programs.
[funding for serbia
[Sec. 563. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia
after May 31, 2006, if the President has made the
determination and certification contained in subsection (c).
[(b) After May 31, 2006, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of Serbia and Montenegro subject
to the conditions in subsection (c): Provided, That section
576 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, as amended, shall not
apply to the provision of loans and assistance to the
Government of Serbia and Montenegro through international
financial institutions.
[(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of Serbia and Montenegro is--
[(1) cooperating with the International Criminal Tribunal
for the former Yugoslavia including access for investigators,
the provision of documents, and the surrender and transfer of
indictees or assistance in their apprehension, including
making all practicable efforts to apprehend and transfer
Ratko Mladic;
[(2) taking steps that are consistent with the Dayton
Accords to end Serbian financial, political, security and
other support which has served to maintain separate Republika
Srpska institutions; and
[(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law.
[(d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy.
[community-based police assistance
[Sec. 564. (a) Authority.--Funds made available by this Act
to carry out the provisions of chapter 1 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961,
may be used, notwithstanding section 660 of that Act, to
enhance the effectiveness and accountability of civilian
police authority through training and technical assistance in
human rights, the rule of law, strategic planning, and
through assistance to foster civilian police roles that
support democratic governance including assistance for
programs to prevent conflict, respond to disasters, address
gender-based violence, and foster improved police relations
with the communities they serve.
[(b) Notification.--Assistance provided under subsection
(a) shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
[Special Debt Relief for the Poorest
[Sec. 565. (a) Authority To Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of
the United States) by an eligible country as a result of--
[(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
[(2) credits extended or guarantees issued under the Arms
Export Control Act;
[(b) Limitations.--
[(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris
Club Agreed Minutes''.
[(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
[(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
[(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
[(1) does not have an excessive level of military
expenditures;
[(2) has not repeatedly provided support for acts of
international terrorism;
[(3) is not failing to cooperate on international narcotics
control matters;
[(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
[(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
[(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
[(e) Certain Prohibitions Inapplicable.--A reduction of
debt pursuant to subsection (a) shall not be considered
assistance for the purposes of any provision of law limiting
assistance to a country. The authority provided by subsection
(a) may be exercised notwithstanding section 620(r) of the
Foreign Assistance Act of 1961 or section 321 of the
International Development and Food Assistance Act of 1975.
[Authority to Engage in Debt Buybacks or Sales
[Sec. 566. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
[(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law that restricts
assistance to foreign countries, the President may, in
accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January
1, 1995, pursuant to the Foreign Assistance Act of 1961, to
the government of any eligible country as defined in section
702(6) of that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion thereof,
only for the purpose of facilitating--
[(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
[(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the
[[Page S8348]]
local currency of the eligible country, equal to not less
than 40 percent of the price paid for such debt by such
eligible country, or the difference between the price paid
for such debt and the face value of such debt, to support
activities that link conservation and sustainable use of
natural resources with local community development, and child
survival and other child development, in a manner consistent
with sections 707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation would not
contravene any term or condition of any prior agreement
relating to such loan.
[(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with
this section, establish the terms and conditions under which
loans may be sold, reduced, or canceled pursuant to this
section.
[(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify
the administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this
section. Such agency shall make adjustment in its accounts to
reflect the sale, reduction, or cancellation.
[(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
[(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
[(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
[(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the
President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their
uses for debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps.
[(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
[Basic Education
[Sec. 567. Of the funds appropriated by title II of this
Act, not less than $465,000,000 shall be made available for
basic education, of which not less than $250,000 shall be
provided to the Comptroller General of the United States to
prepare an analysis of United States funded international
basic education programs: Provided, That the analysis, which
should be submitted to the Committee within nine months of
enactment of this Act, shall include, but not be limited to--
[(1) the amount of funds provided for basic education by
all United States Government agencies in fiscal years 2001,
2002, 2003, 2004, and 2005;
[(2) a country-by-country and project-by-project breakdown
of such funds;
[(3) an analysis of host country contributions to education
at the local, provincial, and federal level;
[(4) the amount of funds, including loans, provided for
basic education by other major bilateral donors and
multilateral institutions, including United Nations agencies
and the World Bank Group, including a historical view of such
levels;
[(5) an analysis of United States efforts to increase the
commitment of other major bilateral donors and multilateral
institutions to basic education;
[(6) an analysis of how various United States Government
agencies coordinate in the provision of such assistance,
including how such coordination contributes to achievement of
the Millennium Development Goals with respect to basic
education;
[(7) an analysis of the effect of the quadrupling of United
States assistance for basic education since fiscal year 2001
on education programs in the developing world; and
[(8) recommendations on the content and structure of United
States assistance that would increase its effectiveness in
promoting literary and numeracy.
[reconciliation programs
[Sec. 568. Of the funds appropriated under the heading
``Economic Support Fund'', not less than $15,000,000 should
be made available to support reconciliation programs and
activities which bring together individuals of different
ethnic, religious, and political backgrounds from areas of
civil conflict and war.
[sudan
[Sec. 569. (a) Availability of Funds.--Of the funds
appropriated by title II of this Act, not less than
$367,000,000 should be made available for assistance for
Sudan.
[(b) Limitation on Assistance.--Subject to subsection (c):
[(1) Notwithstanding section 501(a) of the International
Malaria Control Act of 2000 (Public Law 106-570) or any other
provision of law that restricts funds for foreign countries,
none of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
[(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
[(c) Subsection (b) shall not apply if the Secretary of
State determines and certifies to the Committees on
Appropriations that--
[(1) the Government of Sudan has taken significant steps to
disarm and disband government-supported militia groups in the
Darfur region;
[(2) the Government of Sudan and all government-supported
militia groups are honoring their commitments made in the
cease-fire agreement of April 8, 2004; and
[(3) the Government of Sudan is allowing unimpeded access
to Darfur to humanitarian aid organizations, the human rights
investigation and humanitarian teams of the United Nations,
including protection officers, and an international
monitoring team that is based in Darfur and that has the
support of the United States.
[(d) Exceptions.--The provisions of subsection (b) shall
not apply to--
[(1) humanitarian assistance;
[(2) assistance for Darfur and for areas outside the
control of the Government of Sudan; and
[(3) assistance to support implementation of the
Comprehensive Peace Agreement.
[(e) Definitions.--For the purposes of this Act and section
501 of Public Law 106-570, the terms ``Government of Sudan'',
``areas outside of control of the Government of Sudan'', and
``area in Sudan outside of control of the Government of
Sudan'' shall have the same meaning and application as was
the case immediately prior to June 5, 2004, and, Southern
Kordofan/Nuba Mountains State, Blue Nile State and Abyei
shall be deemed ``areas outside of control of the Government
of Sudan''.
[trade capacity building
[Sec. 570. Of the funds appropriated by this Act, under the
headings ``Trade and Development Agency'', ``Development
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Affairs Technical Assistance'', and
``International Organizations and Programs'', not less than
$522,000,000 should be made available for trade capacity
building assistance: Provided, That $20,000,000 of the funds
appropriated in this Act under the heading ``Economic Support
Fund'' shall be made available for labor and environmental
capacity building activities relating to the free trade
agreement with the countries of Central America and the
Dominican Republic.
[excess defense articles for central and south european countries and
certain other countries
[Sec. 571. Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal
year 2006, funds available to the Department of Defense may
be expended for crating, packing, handling, and
transportation of excess defense articles transferred under
the authority of section 516 of such Act to Albania,
Afghanistan, Bulgaria, Croatia, Estonia, Former Yugoslavian
Republic of Macedonia, Georgia, India, Iraq, Kazakhstan,
Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan,
Romania, Slovakia, Tajikistan, Turkmenistan, Ukraine, and
Uzbekistan.
[CUBA
[Sec. 572. None of the funds appropriated by this Act under
the heading ``International Narcotics Control and Law
Enforcement'' may be made available for assistance to the
Government of Cuba.
[GENDER-BASED VIOLENCE TRAINING
[Sec. 573. Programs funded under titles II and III of this
Act that provide training for foreign police, judicial, and
military officials, shall include instruction on how to
address incidences and victims of gender-based violence:
Provided, That the Secretary of State, in consultation with
the Secretary of Defense, shall report to the Committee on
Appropriations, no later than 180 days after enactment of
this Act, how such instruction is being incorporated into
programs funded under titles II and III of this Act.
[limitation on economic support fund assistance for certain foreign
governments that are parties to the international criminal court
[Sec. 574. (a) None of the funds made available in this Act
in title II under the heading ``Economic Support Fund'' may
be used to provide assistance to the government of a country
that is a party to the International Criminal Court and has
not entered into an agreement with the United States pursuant
to Article 98 of the Rome Statute preventing the
International Criminal Court from proceeding against United
States personnel present in such country.
[(b) The President may, with prior notice to Congress,
waive the prohibition of subsection (a) with respect to a
North Atlantic Treaty Organization (``NATO'') member country,
a major non-NATO ally (including Australia, Egypt, Israel,
Japan, Jordan, Argentina, the Republic of Korea, and New
Zealand), Taiwan, or such other country as he may determine
if he determines and reports
[[Page S8349]]
to the appropriate congressional committees that it is
important to the national interests of the United States to
waive such prohibition.
[(c) The President may, with prior notice to Congress,
waive the prohibition of subsection (a) with respect to a
particular country if he determines and reports to the
appropriate congressional committees that such country has
entered into an agreement with the United States pursuant to
Article 98 of the Rome Statute preventing the International
Criminal Court from proceeding against United States
personnel present in such country.
[(d) The prohibition of this section shall not apply to
countries otherwise eligible for assistance under the
Millennium Challenge Act of 2003, notwithstanding section
606(a)(2)(B) of such Act.
[tibet
[Sec. 575. (a) The Secretary of the Treasury should
instruct the United States executive director to each
international financial institution to use the voice and vote
of the United States to support projects in Tibet if such
projects do not provide incentives for the migration and
settlement of non-Tibetans into Tibet or facilitate the
transfer of ownership of Tibetan land and natural resources
to non-Tibetans; are based on a thorough needs-assessment;
foster self-sufficiency of the Tibetan people and respect
Tibetan culture and traditions; and are subject to effective
monitoring.
[(b) Notwithstanding any other provision of law that
restricts assistance to foreign countries, not less than
$4,000,000 of the funds appropriated by this Act under the
heading ``Economic Support Fund'' should be made available to
nongovernmental organizations to support activities which
preserve cultural traditions and promote sustainable
development and environmental conservation in Tibetan
communities in the Tibetan Autonomous Region and in other
Tibetan communities in China.
[central america
[Sec. 576. Of the funds appropriated by this Act under the
headings ``Child Survival and Health Programs Fund'' and
``Development Assistance'', not less than the amount of funds
initially allocated pursuant to section 653(a) of the Foreign
Assistance Act of 1961 for fiscal year 2005 should be made
available for El Salvador, Guatemala, Nicaragua and Honduras.
[united states agency for international development management
[Sec. 577. (a) Authority.--Up to $75,000,000 of the funds
made available in this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern
Europe and the Baltic States'', may be used by the United
States Agency for International Development (USAID) to hire
and employ individuals in the United States and overseas on a
limited appointment basis pursuant to the authority of
sections 308 and 309 of the Foreign Service Act of 1980.
[(b) Restrictions.--
[(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
[(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2008.
[(c) Conditions.--The authority of this section may only be
used to the extent that an equivalent number of positions
that are filled by personal services contractors or other
nondirect-hire employees of USAID, who are compensated with
funds appropriated to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Eastern Europe and the Baltic
States'', are eliminated.
[(d) Priority Sectors.--In exercising the authority of this
section, primary emphasis shall be placed on enabling USAID
to meet personnel positions in technical skill areas
currently encumbered by contractor or other nondirect-hire
personnel.
[(e) Consultations.--The USAID Administrator shall consult
with the Committees on Appropriations at least on a quarterly
basis concerning the implementation of this section.
[(f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this section shall be the account to which such
individual's responsibilities primarily relate. Funds made
available to carry out this section may be transferred to and
merged and consolidated with funds appropriated for
``Operating Expenses of the United States Agency for
International Development''.
[(g) Disaster Surge Capacity.--Funds appropriated by this
Act to carry out part I of the Foreign Assistance Act of
1961, including funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'', may
be used, in addition to funds otherwise available for such
purposes, for the cost (including the support costs) of
individuals detailed to or employed by the United States
Agency for International Development whose primary
responsibility is to carry out programs in response to
natural disasters.
[hipc debt reduction
[Sec. 578. Section 501(b) of H.R. 3425, as enacted into law
by section 1000(a)(5) of division B of Public Law 106-113
(113 Stat. 1501A-311), is amended by adding at the end the
following new paragraph:
[``(5) The Act of March 11, 1941 (chapter 11; 55 Stat. 31;
22 U.S.C. 411 et seq.; commonly known as the `Lend-Lease
Act').''.
[opic transfer authority
[(including transfer of funds)
[Sec. 579. Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of
1961, up to a total of $20,000,000 of the funds appropriated
under title II of this Act may be transferred to and merged
with funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the
terms and conditions of that account: Provided, That such
funds shall not be available for administrative expenses of
the Overseas Private Investment Corporation: Provided
further, That funds earmarked by this Act shall not be
transferred pursuant to this section: Provided further, That
the exercise of such authority shall be subject to the
regular notification procedures of the Committees on
Appropriations.
[conflict response
[(including transfer of funds)
[Sec. 580. Whenever the Secretary of State determines that
it is in the national interest of the United States, the
Secretary is authorized to furnish reconstruction and
stabilization assistance, on such terms and conditions as the
Secretary may determine, for the purpose of preventing,
responding to, or enabling transition from conflict or civil
strife in foreign countries or regions: Provided, That the
Secretary may transfer up to $100,000,000 among accounts of
the Department of State and to other Federal agencies as
necessary to carry out these authorities: Provided further,
That pursuant to a determination by the Secretary of State
that it is in the national interest of the United States to
prevent or respond to conflict or civil strife in foreign
countries or regions, or to enable transition from such
strife assistance provided under this paragraph, as well as
assistance provided with funds appropriated under titles II
and III of this Act for countries subject to a determination
made under this paragraph, may be used: Provided further,
That the exercise of such authority shall be subject to the
regular notification procedures of the Committees on
Appropriations.
[rescission
[Sec. 581. Of the funds provided in title II of Public Law
108-447, under the heading ``Other Bilateral Economic
Assistance, Economic Support Fund'', $64,000,000 is hereby
rescinded.
[anticorruption provisions
[Sec. 582. Twenty-five percent of the funds appropriated by
this Act under the headings ``International Development
Association'', shall be withheld from obligation until the
Secretary of the Treasury certifies to the appropriate
congressional committees that--
[(a) World Bank procurement guidelines are applied to all
procurement financed in whole or in part by a loan from the
International Bank for Reconstruction and Development (IBRD)
or a credit agreement or grant from the International
Development Association (IDA);
[(b) the World Bank proposal ``Increasing the Use of
Country Systems in Procurement'' dated March 2005 has been
withdrawn;
[(c) the World Bank is maintaining a strong central
procurement office staffed with senior experts who are
designated to address commercial concerns, questions, and
complaints regarding procurement procedures and payments
under IDA and IBRD projects;
[(d) thresholds for international competitive bidding are
established to maximize international competitive bidding in
accordance with sound procurement practices, including
transparency, competition, and cost-effective results for the
Borrowers;
[(e) all tenders under the World Bank's national
competitive bidding provisions are subject to the same
advertisement requirements as tenders under international
competitive bidding; and
[(f) loan agreements are made public between the World Bank
and the Borrowers.
[prohibition on certain international narcotics control and law
enforcement assistance to the government of haiti
[Sec. 583. None of the funds made available in this Act
under the heading ``international narcotics control and law
enforcement'' may be used to transfer excess property of an
agency of the United States Government to the Government of
Haiti.
[limitation on assistance to Romania under the Support for East
European Democracy (SEED) Act of 1989
[Sec. 584. None of the funds appropriated in this Act under
the heading ``assistance for eastern europe and the baltic
states'' may be obligated or expended for assistance to
Romania under the Support for East European Democracy (SEED)
Act of 1989.
[limitation on funds relating to attendance of Federal employees at
conferences occurring outside the United States
[Sec. 585. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a Federal department or agency at any
single conference occurring outside the United States.
[Limitation on use of funds by the Export-Import Bank of the United
States
[Sec. 586. Of the amounts provided in title I, under the
heading ``Export-Import Bank
[[Page S8350]]
of the United States--administrative expenses'', not more
than $66,200,000 may be expended while there is a vacancy in
position of the head of the Office of Inspector General in
the Export-Import Bank of the United States.
[limitation on assistance to foreign countries that refuse to extradite
to the United States any individual accused in the United States of
killing a law enforcement officer
[Sec. 587. None of the funds made available in this Act for
the Department of State may be used to provide assistance to
any country the government of which has notified the
Department of State of its refusal to extradite to the United
States any individual accused in the United States of killing
a law enforcement officer, as specified in a United States
extradition request.
[prohibition against direct funding for saudi arabia
[Sec. 588. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance any assistance to Saudi Arabia.
[Prohibition on use of funds by the Export-Import Bank of the United
States to approve an application for a long-term loan or loan guarantee
with respect to a nuclear project in the People's Republic of China
[Sec. 589. None of the funds made available in this Act may
be used by the Export-Import Bank of the United States to
approve an application for a long-term loan or loan guarantee
with respect to a nuclear project in the People's Republic of
China.
[Governments that have failed to permit certain extraditions
[Sec. 590. None of the funds made available in this Act for
the Department of State, other than funds provided under the
heading ``international narcotics control and law
enforcement'', may be used to provide assistance to any
country with whom the United States has an extradition treaty
and whose government has notified the Department of State of
its refusal to extradite to the United States any individual
accused of committing a criminal offense for which the
maximum penalty is life imprisonment without the possibility
of parole, or a lesser term of imprisonment.
[This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006''.]
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, $603,800,000, 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
[[Page S8351]]
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), $1,000,000 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.
[[Page S8352]]
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
[[Page S8353]]
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
[[Page S8354]]
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, $3,036,375,000, 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
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 $35,000,000 of the funds
appropriated under this heading shall be made available for
assistance for Lebanon, of which not less than $4,000,000
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 defenders:
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 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 109A 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
[[Page S8355]]
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, 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.
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
[[Page S8356]]
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.
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,
$440,100,000, to carry out the provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support
Act, section 23 of the Arms Export Control Act or the Foreign
Assistance Act of 1961 for demining activities, the clearance
of unexploded ordnance, the destruction of small arms, and
related activities, notwithstanding any other provision of
law, including activities implemented through nongovernmental
and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution
to the International Atomic Energy Agency (IAEA), and for a
United States contribution to the Comprehensive Nuclear Test
Ban Treaty Preparatory Commission: Provided, That of this
amount not to exceed $37,500,000, to remain available until
expended, may be made available for the Nonproliferation and
Disarmament Fund, notwithstanding any other provision of law,
to promote bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be
made available for the International Atomic Energy Agency
only if the Secretary of State determines (and so reports to
the Congress) that Israel is not being denied its right to
participate in the activities of that Agency: Provided
further, That of the funds made available for demining and
related activities, not to exceed $705,000, in addition to
funds otherwise available for such purposes, may be used for
administrative expenses related to the operation and
management of the demining program: Provided further, That
funds appropriated under this heading that are available for
``Anti-terrorism Assistance'' and ``Export Control and Border
Security'' shall remain available until September 30, 2007.
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 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.
[[Page S8357]]
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.
[[Page S8358]]
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. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the United States Agency for
International Development during the current fiscal year.
limitation on representational allowances
Sec. 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
[[Page S8359]]
(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.
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
[[Page S8360]]
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
[[Page S8361]]
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
[[Page S8362]]
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
[[Page S8363]]
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
[[Page S8364]]
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.
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
[[Page S8365]]
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
[[Page S8366]]
``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.
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
[[Page S8367]]
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; and
(3) 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.
[[Page S8368]]
(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 local
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
local 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
[[Page S8369]]
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 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 a commitment to a clear timetable for
the return to democratic representative government consistent
with the 1990 Nepalese Constitution;
(D) is ensuring that the Royal Anti-Corruption Commission
functions as a transparent, non-political, and objective body
in accordance with the 1990 Nepalese Constitution and with
respect to the judicial 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 ensuring 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''
[[Page S8370]]
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'' 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 local
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.
[[Page S8371]]
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
[[Page S8372]]
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.
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.''.
Mr. McCONNELL. Mr. President, let me begin my remarks on the
Department of State, Foreign Operations, and Related Programs
appropriations bill with a quick word of thanks to Chairman Cochran for
the allocation and for additional outlays the subcommittee received.
With his support, we are able to recommend a bill that provides $31.7
billion to meet America's foreign assistance needs.
The bill provides increased assistance above the budget request for
accounts that enjoy broad, bipartisan support, including $1.7 billion
for the child survival and health programs fund, $1.7 billion for
development assistance, $395 million for assistance for Eastern Europe
and the Baltic States, and $565 million for assistance for the
independent states of the former Soviet Union.
Understanding the continued importance of combating terrorism, we
recommended full funding for assistance for Iraq, Afghanistan,
Pakistan, Israel, Egypt, and Jordan. Significant assistance is provided
for State Department operations, including full funding for the
Broadcasting Board of Governors. We recommend a total of $2.9 billion
for HIV/AIDS, TB, and malaria programs, an increase of $203 million
above the President's request; $400 million is for a contribution to
the Global Fund, twice the amount of the President's request. We
recommend $1.8 billion for the Millennium Challenge Corporation, an
increase of over $300 million above last year's level but, regretfully,
$1.2 billion below the request.
To demonstrate our strong support of the President's commitment to
the promotion of freedom abroad, the bill consolidates democracy
programs under a new account entitled, ``Democracy Fund.'' This
includes $80 million for the National Endowment for Democracy programs.
I encourage Members to come to the floor to offer relevant
amendments. Last year, we were fortunate in being able to finish this
bill in 5 or 6 hours. So Senator Leahy and I are optimistic that, with
the cooperation of our Members, we can complete this bill sometime
either Monday night or Tuesday morning and allow the Senate to move on
to other matters that are pressing and need to be dealt with here as we
move toward the August recess.
With that, I yield the floor. I know my friend and colleague, Senator
Leahy, will be heard from now.
The PRESIDING OFFICER. The Senator from Vermont is recognized.
Mr. LEAHY. Mr. President, I agree with what the chairman has said.
There is no reason we cannot move very quickly on this bill. In fact, I
encourage anybody who has an amendment to come to the floor because if
we reach any point where there is not an amendment pending, I am going
to be very happy to go to third reading.
It has been a long time since we acted on a Foreign Operations
appropriations bill this early in the year. I thank both Chairman
Cochran and Senator Byrd for that. Again, I say there is no reason we
could not pass this bill by tonight or Monday afternoon at the latest.
I repeat and emphasize that I want those watching, if they have an
amendment, to come forward.
Both Senator McConnell and I have worked very hard to accommodate
amendments that both Republicans and Democrats had in this bill. Thanks
to the budget allocations we had, we were able to accommodate most of
the requests we received from Members and do it in a totally bipartisan
way.
Senator McConnell deserves a great deal of credit for producing a
well-crafted bipartisan bill. I praise him for that. This may not help
him back home--to get this kind of praise from a Democrat--but he
deserves it. I don't agree with everything in the bill, but neither
does Senator McConnell. That is why this process works. It is a bill
that should receive broad support. We have tried to take into
consideration the concerns of Republicans and Democrats. So I thank him
and his very capable staff for the way they have worked with me and my
staff.
If I might digress for a moment, we read a lot in the press about the
partisanship in the Congress and how that affects getting our work
done. I note that appropriations bills seem to go through the
subcommittees, the full committee, and the Senate floor. I think that
is because the Appropriations Committee, by its nature, has attracted
many of the senior members of both the Republican and Democratic
Parties, and we are used to working together with each other.
Without sounding like those who reminisce a little bit too much about
the good old days, I came here 31 years ago. Senator Mike Mansfield was
the Democratic leader, and Senator Hugh Scott of Pennsylvania was the
Republican leader. Senior Members of the Senate of both parties worked
to get things done. That is what we do in the Appropriations Committee.
We work together. The country benefits by it.
I am not going to talk about all the provisions in the bill. The
chairman has touched on several of the key accounts. He focused new
resources on democracy programs, most of which I agree with. He funded
most of the President's priorities. We have restored cuts in the
international health and development programs that Members strongly
support.
We were not able to fund the Millennium Challenge Corporation at the
level the President wanted. I discussed this with the White House. It
will be interesting to see; if it picks up steam and shows positive
results, I suspect we are going to provide the funds it needs.
The Millennium Challenge Corporation has much in its goals with which
we all agree. I think it is fair to say Members on both sides of the
aisle have expressed concern about how slowly it began. There seems to
be more effort putting the bureaucracy in place than getting the
program out. I know the President has had similar concerns, and the
leadership has now changed. I think that is good. It was a concern to
many of us that it only was operating in a couple of very small places.
Now it may go to others.
I was in Morocco with several other Senators recently. We saw some of
the areas where it might well work. I would like to see it pick up
steam and show positive results. In the meantime, however, until it
does, there is no need to set aside huge amounts of money if it is not
going to be used and there are other programs that desperately need
money.
The bill, for the first time, contains funds for the State
Department's operations. This used to be under a different
subcommittee. Now we have it. We provide the President and Secretary of
State with much of what they asked--most of what they asked, in fact.
For educational and cultural exchanges, which are popular with
Republicans and Democrats, we provide even more in the request.
Let me mention a few other items. We provide $900 million for
refugees, a substantial increase over last year. We felt strongly we
should do considerably more for the world's neediest people. One has
only to go to some of these refugee camps or hear about them to realize
how terrible it is. Unfortunately, we will see them briefly on the
news, almost as though this is a filler for the evening news in between
celebrity trials in this country. Then we do not see it again, and we
tend to think the suffering has gone away.
In some of these refugee camps, children are being born in the
morning and dying in the afternoon--mothers also. People are dying of
diseases that would create no problem in this country because we would
be immunized against them. They are dying of starvation,
[[Page S8373]]
they are dying of mistreatment, and it goes on every single day.
It is unfortunate that a celebrity trial will get significant
coverage on the evening news; the suffering in places such as Darfur
will not. We need to appeal to the conscience of this great and good
Nation. Most Americans are appalled by what they see, but many
Americans never get to see it because not enough attention is given.
We have included $30 million for a new initiative to combat six
debilitating diseases such as elephantiasis and intestinal parasites.
These cause terrible inflictions for millions of people, many of them
children. We never see these in our country because they are easily
prevented. They can be cured with minuscule amounts of money, and they
have been neglected for far too long.
Many of these diseases, especially in Africa, will cause people to be
almost condemned to debilitating diseases, children to horrible
parasites, and yet for sometimes pennies, at the most a few dollars, it
can be prevented and their life, their hell on Earth, could be
prevented.
We have included $105 million for antimalaria programs. A portion of
that will be used to fund the President's new malaria initiative, which
I strongly support.
We provide another $10 million for USAID's Amazon basin and
conservation strategy, and we maintain funding for other programs
protecting the environment. Again, I urge this money be spent to
actually do it, that it actually go into the conservation strategy. We
know it needs to be done. We do not need to enlarge bureaucracies in
Washington. We need to be on the ground doing the work.
We include additional conditions on our assistance to Nepal on
account of the Nepalese King's attempts to dismantle the fledgling
democracy there. My key staff member on Foreign Operations, Tim Rieser,
was recently in that country. We know the King's decision to dissolve
the government, arrest political opponents, and restrict the press is
making a solution to that conflict more elusive, isolating Nepal both
politically and economically.
We include conditions on funding for the demobilization of foreign
terrorist organizations in Colombia. The framework that was recently
approved by the Colombian Congress falls far short of what is minimally
required to dismantle these horrible terrorist organizations.
We restore the administration's proposed $11 million cut in our
contribution to UNICEF. This saves millions of children's lives. When
this country speaks of helping others, why would we be cutting money
out of UNICEF? It would have been unthinkable to go along with that
cut.
There is a great deal more, and I again commend Senator McConnell for
what I believe is one of the best foreign operations bills in recent
years. We are going to have a difficult conference with the other body,
but if we get the conference budget allocations we need, we should end
up with a good result.
I hope Senators who have amendments will make sure they belong on
this bill; this is not an authorization bill, this is an appropriations
bill--and bring the amendments as soon as they can.
Mr. President, the chairman has stepped off the floor for a moment. I
am about to suggest the absence of a quorum, but not quite yet. I
repeat, if there are Senators who have amendments, come forward with
them. I will be very happy to go to third reading--let's see, it is 20
minutes of 11. I would certainly be willing to wait 5 or 10 minutes to
see if anybody has an amendment. I will be glad to do that. I don't
think either side requires a rollcall vote.
More seriously, Mr. President, America is the wealthiest, most
powerful Nation on Earth. It is a nation with a great moral core. We
saw that during the terrible tsunami in recent months, when we poured
out aid from this country, not only our Government but even greater
amounts from individuals. I know in my church and most people's
churches, their synagogues, their mosques, there were collections for
money to help aid the tsunami victims. Civic groups, other groups, the
Red Cross, Catholic Relief Services, and so many others raising money
in the various service clubs--Lion's, Rotary, Kiwanis--it reflects the
nature of Americans. We help our neighbors when they are in trouble. We
help our neighbors even when they are on the other side of the globe.
So much of what goes on we don't see. We don't see the millions of
children who die each year. We don't see the horrible percentage of
paternal deaths. We don't see these debilitating and crippling diseases
that could so easily be cured. We don't see the need to provide, such
as Senator Dole and Senator McGovern proposed, a school lunch program
in many poor parts of the world so not only boys but girls would go to
school, too, and thus bring about a positive change in society over the
years. We spend well under 1 percent of our budget on help. Frankly, I
feel we should do more. I think the American people put forward our
best face, and we can do even more.
As we eradicate disease, as we eradicate hunger, as we give people an
opportunity to create their own businesses, sometimes a
microenterprise, we are doing things with which most of the world will
agree. In a time when we find so many in the world disagree with the
United States--something I, as an American, find very disturbing--let's
put forward this great face of America, a face I have known from my
childhood on and all of us have known all our lives. Let's put forth
this great reservoir of goodness and generosity of the American people.
Let the rest of the world see it. I guarantee, we will find a lot of
other countries will step up and join us because this is something that
should unite us and not divide us from the rest of the world.
Mr. President, I see the chairman is back on the floor. I yield the
floor.
The ACTING PRESIDENT pro tempore. The Senator from Kentucky.
Mr. McCONNELL. Mr. President, I say to my colleague from Vermont, it
has been a pleasure working with him over the last, gosh, I guess it is
12 years now, either as chairman or ranking member--we have been here
long enough to rotate a couple of times--on this measure. He has made
an extraordinarily positive contribution every year.
We labored mightily to keep this bill as bipartisan as possible. The
fact that last year we were able to clear it in about six hours
indicates widespread satisfaction with the measure or we would have had
a lot more action. We realize that is not likely to happen on a Friday
morning, but we are intent on moving this matter to completion Monday
or Tuesday morning at the latest. We hope everyone will cooperate. If
anyone has a measure, if it is a good idea and warrants consideration,
show it to Senator Leahy and myself, and we might agree with you; in
which case, we might be prepared to take the amendments. If not, we
hope we will have what few votes we expect will be needed Tuesday
morning, at the latest, and move on to final passage.
Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
____________________