H.R. 3057 — Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006

[109th Congress Public Law 102]
[From the U.S. Government Publishing Office]


[DOCID: f:publ102.109]

[[Page 2171]]

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 2006

[[Page 119 STAT. 2172]]

Public Law 109-102
109th Congress

                                 An Act


 
  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 2006, and for 
         other purposes. <<NOTE: Nov. 14, 2005 -  [H.R. 3057]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: 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--EXPORT AND INVESTMENT ASSISTANCE

                 Export-Import Bank of the United States


               inspector general of the export-import bank


    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $1,000,000, to remain available until September 30, 2007.


                   export-import bank program account


    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act, that has detonated a nuclear 
explosive after the date of the enactment of this Act: Provided 
further, <<NOTE: Termination date. 12 USC 635 note.>> That 
notwithstanding section 1(c) of Public Law 103-428, as amended, sections 
1(a) and (b) of Public Law 103-428 shall remain in effect through 
October 1, 2006.


                          subsidy appropriation


    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, $100,000,000, to remain available

[[Page 119 STAT. 2173]]

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, <<NOTE: Termination date. 12 USC 635a note.>> 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

[[Page 119 STAT. 2174]]

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, <<NOTE: Iraq.>> That notwithstanding any other 
provision of law, the Overseas Private Investment Corporation is 
authorized to undertake any program authorized by title IV of the 
Foreign Assistance Act of 1961 in Iraq: Provided further, That funds 
made available pursuant to the authority of the previous proviso shall 
be subject to the regular notification procedures of the Committees on 
Appropriations.

    In addition, such sums as may be necessary for administrative 
expenses to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account.

                   Funds Appropriated to the President


                      trade and development agency


    For necessary expenses to carry out the provisions of section 661 of 
the Foreign Assistance Act of 1961, $50,900,000, to remain available 
until September 30, 2007.

                 TITLE II--BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

    For expenses necessary to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 2006, unless otherwise 
specified herein, as follows:


           united states agency for international development


                 child survival and health programs fund


                      (including transfer of funds)


    For necessary expenses to carry out the provisions of chapters 1 and 
10 of part I of the Foreign Assistance Act of 1961, for child survival, 
health, and family planning/reproductive health activities, in addition 
to funds otherwise available for such purposes, $1,585,000,000, to 
remain available until <<NOTE: Immunizations. HIV/AIDS.>> 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

[[Page 119 STAT. 2175]]

heading may be made available for nonproject assistance, except that 
funds may be made available for such assistance for ongoing health 
activities: Provided further, That of the funds appropriated under this 
heading, not to exceed $350,000, in addition to funds otherwise 
available for such purposes, may be used to monitor and provide 
oversight of child survival, maternal and family planning/reproductive 
health, and infectious disease programs: Provided further, That the 
following amounts should be allocated as follows: $360,000,000 for child 
survival and maternal health; $30,000,000 for vulnerable children; 
$350,000,000 for HIV/AIDS; $220,000,000 for other infectious diseases; 
and $375,000,000 for family planning/reproductive health, including in 
areas where population growth threatens biodiversity or endangered 
species: Provided further, That of the funds appropriated under this 
heading, and in addition to funds allocated under the previous proviso, 
not less than $250,000,000 shall be made available, notwithstanding any 
other provision of law, except for the United States Leadership Against 
HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-25), for 
a United States contribution to the Global Fund to Fight AIDS, 
Tuberculosis and Malaria (the ``Global Fund''), and shall be expended at 
the minimum rate necessary to make timely payment for projects and 
activities: Provided further, That up to 5 percent of the aggregate 
amount of funds made available to the Global Fund in fiscal year 2006 
may be made available to the United States Agency for International 
Development for technical assistance related to the activities of the 
Global Fund: Provided further, That of the funds appropriated under this 
heading, $70,000,000 should be made available for a United States 
contribution to The Vaccine Fund, and up to $6,000,000 may be 
transferred to and merged with funds appropriated by this Act under the 
heading ``Operating Expenses of the United States Agency for 
International Development'' for costs directly related to international 
health, but funds made available for such costs may not be derived from 
amounts made available for contribution under this and preceding 
provisos: Provided further, <<NOTE: Abortion. Sterilization.>> That none 
of the funds made available in this Act nor any unobligated balances 
from prior appropriations may be made available to any organization or 
program which, as determined by the President of the United States, 
supports or participates in the management of a program of coercive 
abortion or involuntary sterilization: Provided further, That none of 
the funds made available under this Act may be used to pay for the 
performance of abortion as a method of family planning or to motivate or 
coerce any person to practice abortions: Provided further, That nothing 
in this paragraph shall be construed to alter any existing statutory 
prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961: Provided further, That none of the funds made 
available under this Act may be used to lobby for or against abortion: 
Provided further, <<NOTE: Family planning.>> 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

[[Page 119 STAT. 2176]]

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) <<NOTE: Contraceptives. Deadline. Reports.>> 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, <<NOTE: Non- 
discrimination.>> 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, <<NOTE: Condoms.>> That to the maximum extent feasible, taking 
into consideration cost, timely availability, and best health practices, 
funds appropriated in this Act or prior appropriations Acts that are 
made available for condom procurement shall be made available only for 
the procurement of condoms manufactured in the United States: Provided 
further, That information provided about the use of condoms as part of 
projects or activities that are funded from amounts appropriated by this 
Act shall be medically accurate and shall include the public health 
benefits and failure rates of such use.


                         development assistance


    For necessary expenses to carry out the provisions of sections 103, 
105, 106, and sections 251 through 255, and chapter 10 of part I of the 
Foreign Assistance Act of 1961, $1,524,000,000, to remain available 
until September 30, 2007: Provided, That $214,000,000 should be 
allocated for trade capacity building, of which at least $20,000,000 
shall be made available for labor and environmental capacity building 
activities relating to the free trade

[[Page 119 STAT. 2177]]

agreement with the countries of Central America and the Dominican 
Republic: Provided further, That $365,000,000 should be allocated for 
basic education: Provided further, That of the funds appropriated under 
this heading and managed by the United States Agency for International 
Development Bureau of Democracy, Conflict, and Humanitarian Assistance, 
not less than $15,000,000 shall be made available only for programs to 
improve women's leadership capacity in recipient countries: Provided 
further, That such funds may not be made available for construction: 
Provided further, That of the funds appropriated under this heading that 
are made available for assistance programs for displaced and orphaned 
children and victims of war, not to exceed $42,500, in addition to funds 
otherwise available for such purposes, may be used to monitor and 
provide oversight of such programs: Provided further, That funds 
appropriated under this heading should be made available for programs in 
sub-Saharan Africa to address sexual and gender-based violence: Provided 
further, That of the aggregate amount of the funds appropriated by this 
Act that are made available for agriculture and rural development 
programs, $30,000,000 should be made available for plant biotechnology 
research and development: Provided further, That not less than 
$2,300,000 should be made available for core support for the 
International Fertilizer Development Center: Provided further, That of 
the funds appropriated under this heading, not less than $20,000,000 
should be made available for the American Schools and Hospitals Abroad 
program: Provided further, That of the funds appropriated under this 
heading, $10,000,000 may be made available for cooperative development 
programs within the Office of Private and Voluntary Cooperation: 
Provided further, That of the funds appropriated under this heading, 
$2,000,000 shall be made available for reconstruction and development 
programs in South Asia: Provided further, That funds should be made 
available for activities to reduce the incidence of child marriage in 
developing countries: Provided further, That of the funds appropriated 
under this heading, up to $20,000,000 should be made available to 
develop clean water treatment activities in developing countries: 
Provided further, That of the funds appropriated by this Act, not less 
than $200,000,000 shall be made available for drinking water supply 
projects and related activities, of which not less than $50,000,000 
should be made available for programs in Africa.


              international disaster and famine assistance


    For necessary expenses to carry out the provisions of section 491 of 
the Foreign Assistance Act of 1961 for international disaster relief, 
rehabilitation, and reconstruction assistance, $365,000,000, to remain 
available until expended, of which $20,000,000 should be for famine 
prevention and relief.


                         transition initiatives


    For necessary expenses for international disaster rehabilitation and 
reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $40,000,000, to remain available until expended, 
to support transition to democracy and to long-term development of 
countries in crisis: Provided, That such support may include assistance 
to develop, strengthen, or preserve democratic institutions and 
processes, revitalize basic infrastructure, and foster the peaceful 
resolution of conflict: Provided 
further, <<NOTE: Reports. Deadline.>> That 


[[Page 119 STAT. 2178]]

the United States Agency for International Development shall submit a 
report to the Committees on Appropriations at least 5 days prior to 
beginning a new program of assistance: Provided further, That if the 
President determines that it is important to the national interests of 
the United States to provide transition assistance in excess of the 
amount appropriated under this heading, up to $15,000,000 of the funds 
appropriated by this Act to carry out the provisions of part I of the 
Foreign Assistance Act of 1961 may be used for purposes of this heading 
and under the authorities applicable to funds appropriated under this 
heading:  Provided further, That funds made available pursuant to the 
previous proviso shall be made available subject to prior consultation 
with the Committees on Appropriations.


                      development credit authority


                      (including transfer of funds)


    For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 256 and 635 of the Foreign Assistance Act of 1961, up to 
$21,000,000 may be derived by transfer from funds appropriated by this 
Act to carry out part I of such Act and under the heading ``Assistance 
for Eastern Europe and the Baltic States'': Provided, That such funds 
shall be made available only for micro and small enterprise programs, 
urban programs, and other programs which further the purposes of part I 
of the Act: Provided further, That such costs, including the cost of 
modifying such direct and guaranteed loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That funds made available by this paragraph may be 
used for the cost of modifying any such guaranteed loans under this Act 
or prior Acts, and funds used for such costs shall be subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, <<NOTE: Applicability. Loans.>> That the provisions of 
section 107A(d) (relating to general provisions applicable to the 
Development Credit Authority) of the Foreign Assistance Act of 1961, as 
contained in section 306 of H.R. 1486 as reported by the House Committee 
on International Relations on May 9, 1997, shall be applicable to direct 
loans and loan guarantees provided under this heading: Provided further, 
That these funds are available to subsidize total loan principal, any 
portion of which is to be guaranteed, of up to $700,000,000.

    In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,000,000, which may be transferred to and merged with the 
appropriation for Operating Expenses of the United States Agency for 
International Development: Provided, That funds made available under 
this heading shall remain available until September 30, 2008.


      payment to the foreign service retirement and disability fund


    For payment to the ``Foreign Service Retirement and Disability 
Fund'', as authorized by the Foreign Service Act of 1980, $41,700,000.

[[Page 119 STAT. 2179]]

    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, <<NOTE: Reports. Deadline.>> That none of the funds 
appropriated under this heading and under the heading ``Capital 
Investment Fund'' may be made available to finance the construction 
(including architect and engineering services), purchase, or long-term 
lease of offices for use by the United States Agency for International 
Development, unless the Administrator has identified such proposed 
construction (including architect and engineering services), purchase, 
or long-term lease of offices in a report submitted to the Committees on 
Appropriations at least 15 days prior to the obligation of these funds 
for such purposes: Provided further, That the previous proviso shall not 
apply where the total cost of construction (including architect and 
engineering services), purchase, or long-term lease of offices does not 
exceed $1,000,000: Provided further, That contracts or agreements 
entered into with funds appropriated under this heading may entail 
commitments for the expenditure of such funds through fiscal year 2007: 
Provided further, That none of the funds in this Act may be used to open 
a new overseas mission of the United States Agency for International 
Development without the prior written notification of the Committees on 
Appropriations: Provided further, That the authority of sections 610 and 
109 of the Foreign Assistance Act of 1961 may be exercised by the 
Secretary of State to transfer funds appropriated to carry out chapter 1 
of part I of such Act to ``Operating Expenses of the United States 
Agency for International Development'' in accordance with the provisions 
of those sections.


                         capital investment fund


    For necessary expenses for overseas construction and related costs, 
and for the procurement and enhancement of information technology and 
related capital investments, pursuant to section 667 of the Foreign 
Assistance Act of 1961, $70,000,000, to remain available until expended: 
Provided, That this amount is in addition to funds otherwise available 
for such purposes: Provided further, That funds appropriated under this 
heading shall be available for obligation only pursuant to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That of the funds appropriated under this heading, not to 
exceed $48,100,000 may be made available for the purposes of 
implementing the Capital Security Cost Sharing Program.


    operating expenses of the united states agency for international 
                 development office of inspector general


    For necessary expenses to carry out the provisions of section 667 of 
the Foreign Assistance Act of 1961, $36,000,000, to remain available 
until September 30, 2007, which sum shall be available for the Office of 
the Inspector General of the United States Agency for International 
Development.

[[Page 119 STAT. 2180]]

                   Other Bilateral Economic Assistance


                          economic support fund


                      (including transfer of funds)


    For necessary expenses to carry out the provisions of chapter 4 of 
part II, $2,634,000,000, to remain available until September 30, 2007: 
Provided, <<NOTE: Deadline.>> 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: <<NOTE: Egypt.>> Provided further, That with respect to the 
provision of assistance for Egypt for democracy and governance 
activities, the organizations implementing such assistance and the 
specific nature of that assistance shall not be subject to the prior 
approval by the Government of Egypt: Provided further, That of the funds 
appropriated under this heading for assistance for Egypt, not less than 
$135,000,000 shall be made available for project assistance, of which 
not less than $50,000,000 shall be made available for democracy, human 
rights and governance programs and not less than $50,000,000 shall be 
used for education programs, of which not less than $5,000,000 shall be 
made available for scholarships for disadvantaged Egyptian students to 
attend American accredited institutions of higher education in Egypt: 
Provided further, <<NOTE: Reports.>> That of the funds appropriated 
under this heading for assistance for Egypt for economic reform 
activities, $227,600,000 shall be withheld from obligation until the 
Secretary of State determines and reports to the Committees on 
Appropriations that Egypt has met the calendar year 2005 benchmarks 
accompanying the ``Financial Sector Reform Memorandum of Understanding'' 
dated March 20, 2005: Provided further, That $20,000,000 of the funds 
appropriated under this heading should be made available for Cyprus to 
be used only for scholarships, administrative support of the scholarship 
program, bicommunal projects, and measures aimed at reunification of the 
island and designed to reduce tensions and promote peace and cooperation 
between the two communities on Cyprus: Provided 
further, <<NOTE: Israel. President.>> That in exercising the authority 
to provide cash transfer assistance for Israel, the President shall 
ensure that the level of such assistance does not cause an adverse 
impact on the total level of nonmilitary exports from the United States 
to such country and that Israel enters into a side letter agreement in 
an amount proportional to the fiscal year 1999 agreement: Provided 
further, That of the funds appropriated under this heading, not less 
than $250,000,000 should be made available only for assistance for 
Jordan: Provided further, That of the funds appropriated under this 
heading that are available for assistance for the West Bank and Gaza, 
not to exceed $2,000,000 may be used for administrative expenses of the 
United States Agency for International Development, in addition to funds 
otherwise available for such purposes, to carry out programs in the West 
Bank and Gaza: Provided 
further, <<NOTE: Certification. Afghanistan. Poppies.>> That not more 
than 


[[Page 119 STAT. 2181]]

$225,000,000 of the funds made available for assistance for Afghanistan 
under this heading may be obligated for such assistance until the 
Secretary of State certifies to the Committees on Appropriations that 
the Government of Afghanistan at both the national and local level is 
cooperating fully with United States funded poppy eradication and 
interdiction efforts in Afghanistan: Provided further, That the 
President may waive the previous proviso if he determines and reports to 
the Committees on Appropriations that to do so is vital to the national 
security interests of the United States: Provided further, That such 
report shall include an analysis of the steps being taken by the 
Government of Afghanistan, at the national and local level, to cooperate 
fully with United States funded poppy eradication and interdiction 
efforts in Afghanistan: Provided further, That $40,000,000 of the funds 
appropriated under this heading shall be made available for assistance 
for Lebanon, of which not less than $6,000,000 should be made available 
for scholarships and direct support of American educational institutions 
in Lebanon: Provided further, That of the funds appropriated under this 
heading that are made available for assistance for Iraq, not less than 
$5,000,000 shall be transferred to and merged with funds appropriated 
under the heading ``Iraq Relief and Reconstruction Fund'' in chapter 2 
of title II of Public Law 108-106 and shall be made available for the 
Marla Ruzicka Iraqi War Victims Fund: Provided further, That of the 
funds appropriated under this heading that are made available for 
assistance for Iraq, not less than $56,000,000 shall be made available 
for democracy, governance and rule of law programs in Iraq: Provided 
further, That of the funds appropriated under this heading, not less 
than $19,000,000 shall be made available for assistance for the 
Democratic Republic of Timor-Leste, of which up to $1,000,000 may be 
available for administrative expenses of the United States Agency for 
International Development: Provided further, That notwithstanding any 
other provision of law, funds appropriated under this heading shall be 
made available for programs and activities for the Central Highlands of 
Vietnam: Provided further, That funds appropriated under this heading 
that are made available for a Middle East Financing Facility, Middle 
East Enterprise Fund, or any other similar entity in the Middle East 
shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That of funds 
appropriated under this heading, $13,000,000 should be made available 
for a United States contribution to the Special Court for Sierra Leone: 
Provided further, That with respect to funds appropriated under this 
heading in this Act or prior Acts making appropriations for foreign 
operations, export financing, and related programs, the responsibility 
for policy decisions and justifications for the use of such funds, 
including whether there will be a program for a country that uses those 
funds and the amount of each such program, shall be the responsibility 
of the Secretary of State and the Deputy Secretary of State and this 
responsibility shall not be delegated.


                     international fund for ireland


    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $13,500,000, which shall 
be available for the United States contribution to the International 
Fund for Ireland and shall be made available in

[[Page 119 STAT. 2182]]

accordance with the provisions of the Anglo-Irish Agreement Support Act 
of 1986 (Public Law 99-415): Provided, That such amount shall be 
expended at the minimum rate necessary to make timely payment for 
projects and activities: Provided further, That funds made available 
under this heading shall remain available until September 30, 2007.


           assistance for eastern europe and the baltic states


    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $361,000,000, to remain available until 
September 30, 2007, which shall be available, notwithstanding any other 
provision of law, for assistance and for related programs for Eastern 
Europe and the Baltic States: Provided, That of the funds appropriated 
under this heading $5,000,000 should be made available for rule of law 
programs for the training of judges and prosecutors.
    (b) Funds appropriated under this heading shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained in 
that Act for the use of economic assistance.
    (c) <<NOTE: Applicability.>> The provisions of section 529 of this 
Act shall apply to funds appropriated under this heading: Provided, That 
notwithstanding any provision of this or any other Act, including 
provisions in this subsection regarding the application of section 529 
of this Act, local currencies generated by, or converted from, funds 
appropriated by this Act and by previous appropriations Acts and made 
available for the economic revitalization program in Bosnia may be used 
in Eastern Europe and the Baltic States to carry out the provisions of 
the Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989.

    (d) <<NOTE: President.>> The President is authorized to withhold 
funds appropriated under this heading made available for economic 
revitalization programs in Bosnia and Herzegovina, if he determines and 
certifies to the Committees on Appropriations that the Federation of 
Bosnia and Herzegovina has not complied with article III of annex 1-A of 
the General Framework Agreement for Peace in Bosnia and Herzegovina 
concerning the withdrawal of foreign forces, and that intelligence 
cooperation on training, investigations, and related activities between 
state sponsors of terrorism and terrorist organizations and Bosnian 
officials has not been terminated.


    assistance for the independent states of the former soviet union


    (a) For necessary expenses to carry out the provisions of chapters 
11 and 12 of part I of the Foreign Assistance Act of 1961 and the 
FREEDOM Support Act, for assistance for the Independent States of the 
former Soviet Union and for related programs, $514,000,000, to remain 
available until September 30, 2007: 
Provided, <<NOTE: Applicability.>> That the provisions of such chapters 
shall apply to funds appropriated by this paragraph: Provided further, 
That funds made available for the Southern Caucasus region may be used, 
notwithstanding any other provision of law, for confidence-building 
measures and other activities in furtherance of the peaceful resolution 
of the regional conflicts, especially those in the vicinity of Abkhazia 
and Nagorno-Karabagh: Provided further, That notwithstanding any

[[Page 119 STAT. 2183]]

other provision of law, funds appropriated under this heading in this 
Act or prior Acts making appropriations for foreign operations, export 
financing, and related programs, that are made available pursuant to the 
provisions of section 807 of Public Law 102-511 shall be subject to a 6 
percent ceiling on administrative expenses.

    (b) Of the funds appropriated under this heading, not less than 
$50,000,000 should be made available, in addition to funds otherwise 
available for such purposes, for assistance for child survival, 
environmental and reproductive health, and to combat HIV/AIDS, 
tuberculosis and other infectious diseases, and for related activities.
    (c) Of the funds appropriated under this heading that are made 
available for assistance for Ukraine, not less than $5,000,000 should be 
made available for nuclear reactor safety initiatives, and not less than 
$1,500,000 shall be made available for coal mine safety programs.
    (d) Of the funds appropriated under this heading, $2,500,000 shall 
be made available for the Business Information Service for the Newly 
Independent States.
    (e)(1) <<NOTE: President. Certification. Russian Federation.>> Of 
the funds appropriated under this heading that are allocated for 
assistance for the Government of the Russian Federation, 60 percent 
shall be withheld from obligation until the President determines and 
certifies in writing to the Committees on Appropriations that the 
Government of the Russian Federation--
            (A) has terminated implementation of arrangements to provide 
        Iran with technical expertise, training, technology, or 
        equipment necessary to develop a nuclear reactor, related 
        nuclear research facilities or programs, or ballistic missile 
        capability; and
            (B) is providing full access to international non-government 
        organizations providing humanitarian relief to refugees and 
        internally displaced persons in Chechnya.

    (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, child survival 
        activities, or assistance for victims of trafficking in persons; 
        and
            (B) activities authorized under title V (Nonproliferation 
        and Disarmament Programs and Activities) of the FREEDOM Support 
        Act.

    (f) Section 907 of the FREEDOM Support Act shall not apply to--
            (1) activities to support democracy or assistance under 
        title V of the FREEDOM Support Act and section 1424 of Public 
        Law 104-201 or non-proliferation assistance;
            (2) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2421);
            (3) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his or 
        her official capacity;
            (4) any insurance, reinsurance, guarantee or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
            (5) any financing provided under the Export-Import Bank Act 
        of 1945; or
            (6) humanitarian assistance.

[[Page 119 STAT. 2184]]

                          Independent Agencies


                        inter-american foundation


    For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of 
the Foreign Assistance Act of 1969, $19,500,000, to remain available 
until September 30, 2007.


                     african development foundation


    For necessary expenses to carry out title V of the International 
Security and Development Cooperation Act of 1980, Public Law 96-533, 
$23,000,000, to remain available until September 30, 2007: Provided, 
That funds made available to grantees may be invested pending 
expenditure for project purposes when authorized by the Board of 
Directors of the Foundation: Provided further, That interest earned 
shall be used only for the purposes for which the grant was made: 
Provided further, That notwithstanding section 505(a)(2) of the African 
Development Foundation Act, in exceptional circumstances the Board of 
Directors of the Foundation may waive the $250,000 limitation contained 
in that section with respect to a project: Provided 
further, <<NOTE: Reports.>> That the Foundation shall provide a report 
to the Committees on Appropriations after each time such waiver 
authority is exercised.


                               peace corps


                      (including transfer of funds)


    For necessary expenses to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), including the purchase of not to exceed five 
passenger motor vehicles for administrative purposes for use outside of 
the United States, $322,000,000, to remain available until September 30, 
2007: Provided, <<NOTE: Abortion.>> That none of the funds appropriated 
under this heading shall be used to pay for abortions: Provided further, 
That the Director may transfer to the Foreign Currency Fluctuations 
Account, as authorized by 22 U.S.C. 2515, an amount not to exceed 
$2,000,000: Provided further, That funds transferred pursuant to the 
previous proviso may not be derived from amounts made available for 
Peace Corps overseas operations.


                    millennium challenge corporation


    For necessary expenses for the ``Millennium Challenge Corporation'', 
$1,770,000,000 to remain available until expended: Provided, That of the 
funds appropriated under this heading, up to $75,000,000 may be 
available for administrative expenses of the Millennium Challenge 
Corporation: Provided further, That up to 10 percent of the funds 
appropriated under this heading may be made available to carry out the 
purposes of section 616 of the Millennium Challenge Act of 2003 for 
candidate countries for fiscal year 2006: Provided 
further, <<NOTE: Reports.>> 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

[[Page 119 STAT. 2185]]

activities, and the implementing agency or agencies of the United States 
Government: Provided further, <<NOTE: Applicability.>> That section 
605(e)(4) of the Millennium Challenge Act of 2003 shall apply to funds 
appropriated under this heading: Provided further, That funds 
appropriated under this heading may be made available for a Millennium 
Challenge Compact entered into pursuant to section 609 of the Millennium 
Challenge Act of 2003 only if such Compact obligates, or contains a 
commitment to obligate subject to the availability of funds and the 
mutual agreement of the parties to the Compact to proceed, the entire 
amount of the United States Government funding anticipated for the 
duration of the Compact.

                           Department of State


                       global hiv/aids initiative


    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 for the prevention, treatment, and control of, 
and research on, HIV/AIDS, $1,995,000,000, to remain available until 
expended, of which $200,000,000 shall be made available, notwithstanding 
any other provision of law, except for the United States Leadership 
Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-
25) for a United States contribution to the Global Fund to Fight AIDS, 
Tuberculosis and Malaria, and shall be expended at the minimum rate 
necessary to make timely payment for projects and activities.


                             democracy fund


    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 for the promotion of democracy, 
governance, human rights, independent media, and the rule of law 
globally, $95,000,000, to remain available until September 30, 2008: 
Provided, That funds appropriated under this heading shall be made 
available notwithstanding any other provision of law, and of such funds 
$63,200,000 shall be made available for the Human Rights and Democracy 
Fund of the Bureau of Democracy, Human Rights and Labor, Department of 
State, and not less than $15,250,000 shall be made available for the 
National Endowment for Democracy: Provided further, That funds 
appropriated under this heading are in addition to funds otherwise 
available for such purposes: Provided further, That funds made available 
by title II of this Act for purposes of this section for any contract, 
grant, or cooperative agreement (or any amendment to any contract, 
grant, or cooperative agreement) in excess of $10,000,000 shall be 
subject to the regular notification procedures of the Committees on 
Appropriations.
    (b) Funds appropriated in subsection (a) should be made available 
for assistance for Taiwan for the purposes of furthering political and 
legal reforms: Provided, That such funds shall only be made available to 
the extent that they are matched from sources other than the United 
States Government.
    (c) Funds appropriated in subsection (a) shall be made available for 
programs and activities to foster democracy, governance, human rights, 
civic education, women's development, press freedom, and the rule of law 
in countries located outside the Middle East region with a significant 
Muslim population, and where such programs and activities would be 
important to United States efforts to respond

[[Page 119 STAT. 2186]]

to, deter, or prevent acts of international terrorism: Provided, That 
such funds should support new initiatives and activities in those 
countries: Provided further, That of the funds appropriated in 
subsection (a) $5,000,000 shall be made available for continuing 
programs and activities that provide professional training for 
journalists.
    (d) Notwithstanding any other provision of law, funds appropriated 
by this Act may be made available for democracy, governance, human 
rights, and rule of law programs for Syria and Iran: Provided, That not 
less than $6,550,000 of the funds appropriated in subsection (a) shall 
be made available for programs and activities that support the 
advancement of democracy in Iran and Syria.
    (e) Funds made available for purposes of this section that are made 
available to the National Endowment for Democracy may be made available 
notwithstanding any other provision of law or regulation.
    (f) Funds made available pursuant to the authority of subsections 
(b), (c) and (d) shall be subject to the regular notification procedures 
of the Committees on Appropriations.


           international narcotics control and law enforcement


    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $477,200,000, to remain available until 
September 30, 2008: Provided, That during fiscal year 2006, the 
Department of State may also use the authority of section 608 of the 
Foreign Assistance Act of 1961, without regard to its restrictions, to 
receive excess property from an agency of the United States Government 
for the purpose of providing it to a foreign country under chapter 8 of 
part I of that Act subject to the regular notification procedures of the 
Committees on Appropriations: Provided 
further, <<NOTE: Deadline. Reports.>> That the Secretary of State shall 
provide to the Committees on Appropriations not later than 45 days after 
the date of the enactment of this Act and prior to the initial 
obligation of funds appropriated under this heading, a report on the 
proposed uses of all funds under this heading on a country-by-country 
basis for each proposed program, project, or activity: Provided further, 
That of the funds appropriated under this heading, not less than 
$16,000,000 shall be made available for training programs and activities 
of the International Law Enforcement Academies: Provided further, That 
$10,000,000 of the funds appropriated under this heading should be made 
available for demand reduction programs: Provided further, That of the 
funds appropriated under this heading, not more than $33,484,000 may be 
available for administrative expenses.


                      andean counterdrug initiative


    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961 to support counterdrug activities in the Andean 
region of South America, $734,500,000, to remain available until 
September 30, 2008: Provided, That in fiscal year 2006, funds available 
to the Department of State for assistance to the Government of Colombia 
shall be available to support a unified campaign against narcotics 
trafficking, against activities by organizations designated as terrorist 
organizations such as the Revolutionary Armed Forces of Colombia (FARC), 
the National Liberation Army (ELN), and the United Self-Defense Forces 
of Colombia (AUC), and to

[[Page 119 STAT. 2187]]

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, <<NOTE: President.>> 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, <<NOTE: Deadline. Reports.>> That 
the Secretary of State, in consultation with the Administrator of the 
United States Agency for International Development, shall provide to the 
Committees on Appropriations not later than 45 days after the date of 
the enactment of this Act and prior to the initial obligation of funds 
appropriated under this heading, a report on the proposed uses of all 
funds under this heading on a country-by-country basis for each proposed 
program, project, or activity: Provided further, That funds made 
available in this Act for demobilization/reintegration of members of 
foreign terrorist organizations in Colombia shall be subject to prior 
consultation with, and the regular notification procedures of, the 
Committees on Appropriations: Provided further, That section 482(b) of 
the Foreign Assistance Act of 1961 shall not apply to funds appropriated 
under this heading: Provided further, That assistance provided with 
funds appropriated under this heading that is made available 
notwithstanding section 482(b) of the Foreign Assistance Act of 1961 
shall be made available subject to the regular notification procedures 
of the Committees on Appropriations: Provided further, That of the funds 
appropriated under this heading that are available for alternative 
development/institution building, not less than $228,772,000 shall be 
apportioned directly to the United States Agency for International 
Development including $131,232,000 for assistance for Colombia: Provided 
further, That with respect to funds apportioned to the United States 
Agency for International Development under the previous proviso, the 
responsibility for policy decisions for the use of such funds, including 
what activities will be funded and the amount of funds that will be 
provided for each of those activities, shall be the responsibility of 
the Administrator of the United States Agency for International 
Development in consultation with the Assistant Secretary of State for 
International Narcotics and Law Enforcement Affairs: Provided further, 
That of the funds appropriated under this heading, in addition to funds 
made available for judicial reform programs in Colombia, not less than 
$8,000,000 shall be made 
available to the United States Agency for International Develop- 
ment for organizations and programs to protect human rights: 
Provided further, That not more than 20 percent of the funds 
appropriated by this Act that are used for the procurement of 
chemicals for aerial coca and poppy fumigation programs may be 
made available for such programs unless the Secretary of State 
certifies to the Committees on Appropriations that: (1) the herbicide 
is being used in accordance with EPA label requirements for com- 
parable use in the United States and with Colombian laws; and 
(2) the herbicide, in the manner it is being used, does not pose 
unreasonable risks or adverse effects to humans or the environment 
including endemic species: Provided further, That such funds may

[[Page 119 STAT. 2188]]

not be made available unless the Secretary of State certifies to the 
Committees on Appropriations that complaints of harm to health or licit 
crops caused by such fumigation are evaluated and fair compensation is 
being paid for meritorious claims: Provided further, That such funds may 
not be made available for such purposes unless programs are being 
implemented by the United States Agency for International Development, 
the Government of Colombia, or other organizations, in consultation with 
local communities, to provide alternative sources of income in areas 
where security permits for small-acreage growers whose illicit crops are 
targeted for fumigation: Provided further, That of the funds 
appropriated under this heading, not less than $2,000,000 should be made 
available for programs to protect biodiversity and indigenous reserves 
in Colombia: Provided further, That funds appropriated by this Act may 
be used for aerial fumigation in Colombia's national parks or reserves 
only if the Secretary of State determines that it is in accordance with 
Colombian laws and that there are no effective alternatives to reduce 
drug cultivation in these areas: Provided further, That no United States 
Armed Forces personnel or United States civilian contractor employed by 
the United States will participate in any combat operation in connection 
with assistance made available by this Act for Colombia: Provided 
further, That funds appropriated under this heading that are made 
available for assistance for the Bolivian military may be made available 
for such purposes only if the Secretary of State certifies that the 
Bolivian military is respecting human rights, and civilian judicial 
authorities are investigating and prosecuting, with the military's 
cooperation, military personnel who have been implicated in gross 
violations of human rights: Provided further, That of the funds 
appropriated under this heading, not more than $19,015,000 may be 
available for administrative expenses of the Department of State, and 
not more than $7,800,000 may be available, in addition to amounts 
otherwise available for such purposes, for administrative expenses of 
the United States Agency for International Development.


                    migration and refugee assistance


    For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses of 
personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 5, 
United States Code; purchase and hire of passenger motor vehicles; and 
services as authorized by section 3109 of title 5, United States Code, 
$791,000,000, to remain available until expended: Provided, That not 
more than $23,000,000 may be available for administrative expenses: 
Provided further, That not less than $40,000,000 of the funds made 
available under this heading shall be made available for refugees from 
the former Soviet Union and Eastern Europe and other refugees resettling 
in Israel: Provided further, That funds appropriated under this heading 
may be made available for a headquarters contribution to the 
International Committee of the Red Cross only if the Secretary of State 
determines (and so reports

[[Page 119 STAT. 2189]]

to the appropriate committees of Congress) that the Magen David Adom 
Society of Israel is not being denied participation in the activities of 
the International Red Cross and Red Crescent Movement: Provided further, 
That funds appropriated under this heading should be made available to 
develop effective responses to protracted refugee situations, including 
the development of programs to assist long-term refugee populations 
within and outside traditional camp settings that support refugees 
living or working in local communities such as integration of refugees 
into local schools and services, resource conservation projects and 
other projects designed to diminish conflict between refugee hosting 
communities and refugees, and encouraging dialogue among refugee hosting 
communities, the United Nations High Commissioner for Refugees, and 
international and nongovernmental refugee assistance organizations to 
promote the rights to which refugees are entitled under the Convention 
Relating to the Status of Refugees of July 28, 1951 and the Protocol 
Relating to the Status of Refugees, done at New York January 31, 1967.


      united states emergency refugee and migration assistance fund


    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 2601(c)), $30,000,000, to remain available until expended.


     nonproliferation, anti-terrorism, demining and related programs


    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $410,100,000, to carry out 
the provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign 
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 
23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 
for demining activities, the clearance of unexploded ordnance, the 
destruction of small arms, and related activities, notwithstanding any 
other provision of law, including activities implemented through 
nongovernmental and international organizations, and section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA), and for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That of this amount not to exceed $37,500,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the United 
States to do so: Provided further, That funds appropriated under this 
heading may be made available for the International Atomic Energy Agency 
only if the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to participate in 
the activities of that Agency: Provided further, That of the funds made 
available for demining

[[Page 119 STAT. 2190]]

and related activities, not to exceed $705,000, in addition to funds 
otherwise available for such purposes, may be used for administrative 
expenses related to the operation and management of the demining 
program: Provided further, That funds appropriated under this heading 
that are available for ``Anti-terrorism Assistance'' and ``Export 
Control and Border Security'' shall remain available until September 30, 
2007.

                       Department of the Treasury


               international affairs technical assistance


    For necessary expenses to carry out the provisions of section 129 of 
the Foreign Assistance Act of 1961, $20,000,000, to remain available 
until September 30, 2008, which shall be available notwithstanding any 
other provision of law.


                           debt restructuring


    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, as the President 
may determine, for which funds have been appropriated or otherwise made 
available for programs within the International Affairs Budget Function 
150, including the cost of selling, reducing, or canceling amounts owed 
to the United States as a result of concessional loans made to eligible 
countries, pursuant to parts IV and V of the Foreign Assistance Act of 
1961, of modifying concessional credit agreements with least developed 
countries, as authorized under section 411 of the Agricultural Trade 
Development and Assistance Act of 1954, as amended, of concessional 
loans, guarantees and credit agreements, as authorized under section 572 
of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts 
owed, as a result of loans or guarantees made pursuant to the Export-
Import Bank Act of 1945, by countries that are eligible for debt 
reduction pursuant to title V of H.R. 3425 as enacted into law by 
section 1000(a)(5) of Public Law 106-113, $65,000,000, to remain 
available until September 30, 2008: Provided, That not less than 
$20,000,000 of the funds appropriated under this heading shall be made 
available to carry out the provisions of part V of the Foreign 
Assistance Act of 1961: Provided further, That amounts paid to the HIPC 
Trust Fund may be used only to fund debt reduction under the enhanced 
HIPC initiative by--
            (1) the Inter-American Development Bank;
            (2) the African Development Fund;
            (3) the African Development Bank; and
            (4) the Central American Bank for Economic Integration:

Provided further, That funds may not be paid to the HIPC Trust Fund for 
the benefit of any country if the Secretary of State has credible 
evidence that the government of such country is engaged in a consistent 
pattern of gross violations of internationally recognized human rights 
or in military or civil conflict that undermines its ability to develop 
and implement measures to alleviate poverty and to devote adequate human 
and financial resources to that end: Provided further, That on the basis 
of final appropriations, the Secretary of the Treasury shall consult 
with the Committees on Appropriations concerning which countries and 
international

[[Page 119 STAT. 2191]]

financial institutions are expected to benefit from a United States 
contribution to the HIPC Trust Fund during the fiscal year: Provided 
further, <<NOTE: Notification. Deadline.>> 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, <<NOTE: Notification.>> That none of the funds made available 
under this heading in this or any other appropriations Act shall be made 
available for Sudan or Burma unless the Secretary of the Treasury 
determines and notifies the Committees on Appropriations that a 
democratically elected government has taken office.

                     TITLE III--MILITARY ASSISTANCE

                   Funds Appropriated to the President


              international military education and training


    For necessary expenses to carry out the provisions of section 541 of 
the Foreign Assistance Act of 1961, $86,744,000, of which up to 
$3,000,000 may remain available until expended: Provided, That the 
civilian personnel for whom military education and training may be 
provided under this heading may include civilians who are not members of 
a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for 
human rights: Provided further, That funds appropriated under this 
heading for military education and training for Guatemala may only be 
available for expanded international military education and training, 
and funds made available for Haiti, the Democratic Republic of the 
Congo, and Nigeria may only be provided through the regular notification 
procedures of the Committees on Appropriations.


                   foreign military financing program


    For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$4,500,000,000: Provided, That of the funds appropriated under this 
heading, not less than $2,280,000,000 shall be available for grants only 
for Israel, and not less than $1,300,000,000 shall be

[[Page 119 STAT. 2192]]

made available for grants only for Egypt: Provided 
further, <<NOTE: Israel. Deadline.>> That the funds appropriated by this 
paragraph for Israel shall be disbursed within 30 days of the enactment 
of this Act: Provided further, That to the extent that the Government of 
Israel requests that funds be used for such purposes, grants made 
available for Israel by this paragraph shall, as agreed by Israel and 
the United States, be available for advanced weapons systems, of which 
not less than $595,000,000 shall be available for the procurement in 
Israel of defense articles and defense services, including research and 
development: Provided further, That of the funds appropriated by this 
paragraph, $210,000,000 shall be made available for assistance for 
Jordan: Provided further, That funds appropriated or otherwise made 
available by this paragraph shall be nonrepayable notwithstanding any 
requirement in section 23 of the Arms Export Control Act: Provided 
further, That funds made available under this paragraph shall be 
obligated upon apportionment in accordance with paragraph (5)(C) of 
title 31, United States Code, section 1501(a).

    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: Provided, 
That all country and funding level increases in allocations shall be 
submitted through the regular notification procedures of section 515 of 
this Act: Provided further, That none of the funds appropriated under 
this heading shall be available for assistance for Sudan and Guatemala: 
Provided further, That none of the funds appropriated under this heading 
may be made available for assistance for Haiti except pursuant to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That funds made available under this heading may be 
used, notwithstanding any other provision of law, for demining, the 
clearance of unexploded ordnance, and related activities, and may 
include activities implemented through nongovernmental and international 
organizations: Provided further, That only those countries for which 
assistance was justified for the ``Foreign Military Sales Financing 
Program'' in the fiscal year 1989 congressional presentation for 
security assistance programs may utilize funds made available under this 
heading for procurement of defense articles, defense services or design 
and construction services that are not sold by the United States 
Government under the Arms Export Control Act: Provided further, That 
funds appropriated under this heading shall be expended at the minimum 
rate necessary to make timely payment for defense articles and services: 
Provided further, That not more than $42,500,000 of the funds 
appropriated under this heading may be obligated for necessary expenses, 
including the purchase of passenger motor vehicles for replacement only 
for use outside of the United States, for the general costs of 
administering military assistance and sales: Provided further, That not 
more than $373,000,000 of funds realized pursuant to section 21(e)(1)(A) 
of the Arms Export Control Act may be obligated for expenses incurred by 
the Department of Defense during fiscal year 2006 pursuant to section 
43(b) of the Arms Export Control Act, except that this limitation may be 
exceeded only through the regular notification procedures of the

[[Page 119 STAT. 2193]]

Committees on Appropriations: Provided 
further, <<NOTE: Egypt. Deadline.>> That foreign military financing 
program funds estimated to be outlayed for Egypt during fiscal year 2006 
shall be transferred to an interest bearing account for Egypt in the 
Federal Reserve Bank of New York within 30 days of enactment of this 
Act.


                         peacekeeping operations


    For necessary expenses to carry out the provisions of section 551 of 
the Foreign Assistance Act of 1961, $175,000,000: Provided, That none of 
the funds appropriated under this heading shall be obligated or expended 
except as provided through the regular notification procedures of the 
Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE


                   funds appropriated to the president


                  international financial institutions


                       global environment facility


    For the United States contribution for the Global Environment 
Facility, $80,000,000 to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility (GEF), by the 
Secretary of the Treasury, to remain available until expended.


        contribution to the international development association


    For payment to the International Development Association by the 
Secretary of the Treasury, $950,000,000, to remain available until 
expended.


      contribution to the multilateral investment guarantee agency


    For payment to the Multilateral Investment Guarantee Agency by the 
Secretary of the Treasury, $1,300,000, to remain available until 
expended.


              limitation on callable capital subscriptions


    The United States Governor of the Multilateral Investment Guarantee 
Agency may subscribe without fiscal year limitation to the callable 
capital portion of the United States share of such capital in an amount 
not to exceed $8,126,527.


        contribution to the inter-american investment corporation


    For payment to the Inter-American Investment Corporation by the 
Secretary of the Treasury, $1,741,515, to remain available until 
expended.


contribution to the enterprise for the americas multilateral investment 
                                  fund


    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United States 
contribution to the fund, $1,741,515, to remain available until 
expended.

[[Page 119 STAT. 2194]]

               contribution to the asian development fund


    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the Asian Development Fund, as 
authorized by the Asian Development Bank Act, as amended, $100,000,000, 
to remain available until expended.


              contribution to the african development bank


    For payment to the African Development Bank by the Secretary of the 
Treasury, $3,638,000, for the United States paid-in share of the 
increase in capital stock, to remain available until expended.


              limitation on callable capital subscriptions


    The United States Governor of the African Development Bank may 
subscribe without fiscal year limitation for the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $88,333,855.


              contribution to the african development fund


    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the African Development Fund, 
$135,700,000, to remain available until expended.


  contribution to the european bank for reconstruction and development


    For payment to the European Bank for Reconstruction and Development 
by the Secretary of the Treasury, $1,015,677 for the United States share 
of the paid-in portion of the increase in capital stock, to remain 
available until expended.


              limitation on callable capital subscriptions


    The United States Governor of the European Bank for Reconstruction 
and Development may subscribe without fiscal year limitation to the 
callable capital portion of the United States share of such capital 
stock in an amount not to exceed $2,249,888.

   contribution to the international fund for agricultural development

    For the United States contribution by the Secretary of the Treasury 
to increase the resources of the International Fund for Agricultural 
Development, $15,000,000, to remain available until expended.

                international organizations and programs

    For necessary expenses to carry out the provisions of section 301 of 
the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $329,458,000: 
Provided, That none of the funds appropriated under this heading may be 
made available to the International Atomic Energy Agency (IAEA).

[[Page 119 STAT. 2195]]

                       TITLE V--GENERAL PROVISIONS


  compensation for united states executive directors to international 
                         financial institutions


    Sec. 501. (a) No funds appropriated by this Act may be made as 
payment to any international financial institution while the United 
States Executive Director to such institution is compensated by the 
institution at a rate which, together with whatever compensation such 
Director receives from the United States, is in excess of the rate 
provided for an individual occupying a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States Code, or 
while any alternate United States Director to such institution is 
compensated by the institution at a rate in excess of the rate provided 
for an individual occupying a position at level V of the Executive 
Schedule under section 5316 of title 5, United States Code.
    (b) For purposes of this section ``international financial 
institutions'' are: the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
Bank, the Asian Development Fund, the African Development Bank, the 
African Development Fund, the International Monetary Fund, the North 
American Development Bank, and the European Bank for Reconstruction and 
Development.


   restrictions on voluntary contributions to united nations agencies


    Sec. 502. None of the funds appropriated by this Act may be made 
available to pay any voluntary contribution of the United States to the 
United Nations (including the United Nations Development Program) if the 
United Nations implements or imposes any taxation on any United States 
persons.


                    limitation on residence expenses


    Sec. 503. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $100,500 shall be for official residence 
expenses of the United States Agency for International Development 
during the current fiscal year: Provided, That appropriate steps shall 
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.


                       unobligated balances report


    Sec. 504. Any Department or Agency to which funds are appropriated 
or otherwise made available by this Act shall provide to the Committees 
on Appropriations a quarterly accounting by program, project, and 
activity of the funds received by such Department or Agency in this 
fiscal year or any previous fiscal year that remain unobligated and 
unexpended.


                limitation on representational allowances


    Sec. 505. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $250,000 shall be available for representation 
and entertainment allowances, of which not to exceed $2,500 shall be 
available for entertainment allowances, for the United

[[Page 119 STAT. 2196]]

States Agency for International Development during the current fiscal 
year: Provided, That no such entertainment funds may be used for the 
purposes listed in section 548 of this Act: Provided further, That 
appropriate steps shall be taken to assure that, to the maximum extent 
possible, United States-owned foreign currencies are utilized in lieu of 
dollars: Provided further, That of the funds made available by this Act 
for general costs of administering military assistance and sales under 
the heading ``Foreign Military Financing Program'', not to exceed $4,000 
shall be available for entertainment expenses and not to exceed $130,000 
shall be available for representation allowances: Provided further, That 
of the funds made available by this Act under the heading 
``International Military Education and Training'', not to exceed $55,000 
shall be available for entertainment allowances: Provided further, That 
of the funds made available by this Act for the Inter-American 
Foundation, not to exceed $2,000 shall be available for entertainment 
and representation allowances: Provided further, That of the funds made 
available by this Act for the Peace Corps, not to exceed a total of 
$4,000 shall be available for entertainment expenses: Provided further, 
That of the funds made available by this Act under the heading ``Trade 
and Development Agency'', not to exceed $4,000 shall be available for 
representation and entertainment allowances: Provided further, That of 
the funds made available by this Act under the heading ``Millennium 
Challenge Corporation'', not to exceed $115,000 shall be available for 
representation and entertainment allowances.


           prohibition on taxation of united states assistance


    Sec. 506. (a) Prohibition on Taxation.--None of the funds 
appropriated by this Act may be made available to provide assistance for 
a foreign country under a new bilateral agreement governing the terms 
and conditions under which such assistance is to be provided unless such 
agreement includes a provision stating that assistance provided by the 
United States shall be exempt from taxation, or reimbursed, by the 
foreign government, and the Secretary of State shall expeditiously seek 
to negotiate amendments to existing bilateral agreements, as necessary, 
to conform with this requirement.
    (b) <<NOTE: Certification. Reports.>> 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

[[Page 119 STAT. 2197]]

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) <<NOTE: Deadline.>> 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) <<NOTE: Regulations.>> Implementation.--The Secretary of State 
shall issue rules, regulations, or policy guidance, as appropriate, to 
implement the prohibition against the taxation of assistance contained 
in this section.

    (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to value 
        added taxes and customs duties imposed on commodities financed 
        with United States assistance for programs for which funds are 
        appropriated by this Act; and
            (2) the term ``bilateral agreement'' refers to a framework 
        bilateral agreement between the Government of the United States 
        and the government of the country receiving assistance that 
        describes the privileges and immunities applicable to United 
        States foreign assistance for such country generally, or an 
        individual agreement between the Government of the United States 
        and such government that describes, among other things, the 
        treatment for tax purposes that will be accorded the United 
        States assistance provided under that agreement.


        prohibition against direct funding for certain countries


    Sec. 507. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance directly 
any assistance or reparations to Cuba, Libya, North Korea, Iran, or 
Syria: Provided, That for purposes of this section, the prohibition on 
obligations or expenditures shall include direct loans, credits, 
insurance and guarantees of the Export-Import Bank or its agents: 
Provided further, That for purposes of this section, the prohibition 
shall not include activities of the Overseas Private Investment 
Corporation in Libya: Provided further, That the prohibition shall not 
include direct loans, credits, insurance and guarantees made available 
by the Export-Import Bank or its agents for or in Libya.


                             military coups


    Sec. 508. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance directly 
any assistance to the government of any country whose duly elected head 
of government is deposed by military coup or decree: 
Provided, <<NOTE: President. Certification.>> That assistance may be 
resumed to such 


[[Page 119 STAT. 2198]]

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) <<NOTE: President. Deadline.>> Transfers Between Accounts.--None 
of the funds made available by this Act may be obligated under an 
appropriation account to which they were not appropriated, except for 
transfers specifically provided for in this Act, unless the President, 
not less than 5 days prior to the exercise of any authority contained in 
the Foreign Assistance Act of 1961 to transfer funds, consults with and 
provides a written policy justification to the Committees on 
Appropriations of the House of Representatives and the Senate.

    (c) Audit of Inter-Agency Transfers.--Any agreement for the transfer 
or allocation of funds appropriated by this Act, or prior Acts, entered 
into between the United States Agency for International Development and 
another agency of the United States Government under the authority of 
section 632(a) of the Foreign Assistance Act of 1961 or any comparable 
provision of law, shall expressly provide that the Office of the 
Inspector General for the agency receiving the transfer or allocation of 
such funds shall perform periodic program and financial audits of the 
use of such funds: Provided, That funds transferred under such authority 
may be made available for the cost of such audits.


                 commercial leasing of defense articles


    Sec. 510. Notwithstanding any other provision of law, and subject to 
the regular notification procedures of the Committees on Appropriations, 
the authority of section 23(a) of the Arms Export Control Act may be 
used to provide financing to Israel, Egypt and NATO and major non-NATO 
allies for the procurement by leasing (including leasing with an option 
to purchase) of defense articles from United States commercial 
suppliers, not including Major Defense Equipment (other than helicopters 
and other types of aircraft having possible civilian application), if 
the President determines that there are compelling foreign policy or 
national security reasons for those defense articles being provided by 
commercial lease rather than by government-to-government sale under such 
Act.

[[Page 119 STAT. 2199]]

                          availability of funds


    Sec. 511. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: Provided, That 
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part 
I, section 667, chapters 4, 6, 8, and 9 of part II of the Foreign 
Assistance Act of 1961, section 23 of the Arms Export Control Act, and 
funds provided under the heading ``Assistance for Eastern Europe and the 
Baltic States'', shall remain available for an additional 4 years from 
the date on which the availability of such funds would otherwise have 
expired, if such funds are initially obligated before the expiration of 
their respective periods of availability contained in this Act: Provided 
further, That, notwithstanding any other provision of this Act, any 
funds made available for the purposes of chapter 1 of part I and chapter 
4 of part II of the Foreign Assistance Act of 1961 which are allocated 
or obligated for cash disbursements in order to address balance of 
payments or economic policy reform objectives, shall remain available 
until expended.


            limitation on assistance to countries in default


    Sec. 512. No part of any appropriation contained in this Act shall 
be used to furnish assistance to the government of any country which is 
in default during a period in excess of 1 calendar year in payment to 
the United States of principal or interest on any loan made to the 
government of such country by the United States pursuant to a program 
for which funds are appropriated under this Act unless the President 
determines, following consultations with the Committees on 
Appropriations, that assistance to such country is in the national 
interest of the United States.


                           commerce and trade


    Sec. 513. (a) None of the funds appropriated or made available 
pursuant to this Act for direct assistance and none of the funds 
otherwise made available pursuant to this Act to the Export-Import Bank 
and the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any commodity 
for export by any country other than the United States, if the commodity 
is likely to be in surplus on world markets at the time the resulting 
productive capacity is expected to become operative and if the 
assistance will cause substantial injury to United States producers of 
the same, similar, or competing commodity: Provided, That such 
prohibition shall not apply to the Export-Import Bank if in the judgment 
of its Board of Directors the benefits to industry and employment in the 
United States are likely to outweigh the injury to United States 
producers of the same, similar, or competing commodity, and the Chairman 
of the Board so notifies the Committees on Appropriations.
    (b) None of the funds appropriated by this or any other Act to carry 
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be 
available for any testing or breeding feasibility study, variety 
improvement or introduction, consultancy, publication, conference, or 
training in connection with the growth or production in a foreign 
country of an agricultural commodity for

[[Page 119 STAT. 2200]]

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. <<NOTE: 22 USC 262h note.>> The Secretary of the Treasury 
shall instruct the United States Executive Directors of the 
International Bank for Reconstruction and Development, the International 
Development Association, the International Finance Corporation, the 
Inter-American Development Bank, the International Monetary Fund, the 
Asian Development Bank, the Inter-American Investment Corporation, the 
North American Development Bank, the European Bank for Reconstruction 
and Development, the African Development Bank, and the African 
Development Fund to use the voice and vote of the United States to 
oppose any assistance by these institutions, using funds appropriated or 
made available pursuant to this Act, for the production or extraction of 
any commodity or mineral for export, if it is in surplus on world 
markets and if the assistance will cause substantial injury to United 
States producers of the same, similar, or competing commodity.


                        notification requirements


    Sec. 515. For the purposes of providing the executive branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for ``Child Survival and Health Programs 
Fund'', ``Development Assistance'', ``International Organizations and 
Programs'', ``Trade and Development Agency'', ``International Narcotics 
Control and Law Enforcement'', ``Andean Counterdrug Initiative'', 
``Assistance for Eastern Europe and the Baltic States'', ``Assistance 
for the Independent States of the Former Soviet Union'', ``Economic 
Support Fund'', ``Global HIV/AIDS Initiative'', ``Democracy Fund'', 
``Peacekeeping Operations'', ``Capital Investment Fund'', ``Operating 
Expenses of the United States Agency for International Development'', 
``Operating Expenses of the United States Agency for International 
Development Office of Inspector General'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Millennium Challenge 
Corporation'' (by country only), ``Foreign Military Financing Program'', 
``International Military Education and Training'', ``Peace Corps'', and 
``Migration and Refugee Assistance'', shall be available for obligation 
for activities, programs, projects, type of materiel assistance, 
countries, or other operations not justified or in excess of the amount 
justified to the Committees on Appropriations for obligation under any 
of these specific headings unless the Committees on Appropriations of 
both Houses of Congress are previously notified 15 days in advance: 
Provided, <<NOTE: President.>> 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

[[Page 119 STAT. 2201]]

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. <<NOTE: 22 USC 5814 note.>> (a) None of the funds 
appropriated under the heading ``Assistance for the Independent States 
of the Former Soviet Union'' shall be made available for assistance for 
a government of an Independent State of the former Soviet Union if that 
government directs any action in violation of the territorial integrity 
or national sovereignty of any other Independent State of the former 
Soviet Union, such as those violations included in the Helsinki Final 
Act: Provided, That such funds may be made available without regard to 
the restriction in this subsection if the President determines that to 
do so is in the national security interest of the United States.

    (b) None of the funds appropriated under the heading ``Assistance 
for the Independent States of the Former Soviet Union'' shall be made 
available for any state to enhance its military capability: Provided, 
That this restriction does not apply to demilitarization, demining or 
nonproliferation programs.
    (c) Funds appropriated under the heading ``Assistance for the 
Independent States of the Former Soviet Union'' for the Russian 
Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the 
regular notification procedures of the Committees on Appropriations.

[[Page 119 STAT. 2202]]

    (d) Funds made available in this Act for assistance for the 
Independent States of the former Soviet Union shall be subject to the 
provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961.
    (e) In issuing new task orders, entering into contracts, or making 
grants, with funds appropriated in this Act or prior appropriations Acts 
under the heading ``Assistance for the Independent States of the Former 
Soviet Union'' and under comparable headings in prior appropriations 
Acts, for projects or activities that have as one of their primary 
purposes the fostering of private sector development, the Coordinator 
for United States Assistance to Europe and Eurasia and the implementing 
agency shall encourage the participation of and give significant weight 
to contractors and grantees who propose investing a significant amount 
of their own resources (including volunteer services and in-kind 
contributions) in such projects and activities.


   prohibition on funding for abortions and involuntary sterilization


    Sec. 518. None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide any 
financial incentive to any person to undergo sterilizations. None of the 
funds made available to carry out part I of the Foreign Assistance Act 
of 1961, as amended, may be used to pay for any biomedical research 
which relates in whole or in part, to methods of, or the performance of, 
abortions or involuntary sterilization as a means of family planning. 
None of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be obligated or expended for any 
country or organization if the President certifies that the use of these 
funds by any such country or organization would violate any of the above 
provisions related to abortions and involuntary sterilizations.


                  export financing transfer authorities


    Sec. 519. Not to exceed 5 percent of any appropriation other than 
for administrative expenses made available for fiscal year 2006, for 
programs under title I of this Act may be transferred between such 
appropriations for use for any of the purposes, programs, and activities 
for which the funds in such receiving account may be used, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 25 percent by any such transfer: Provided, That 
the exercise of such authority shall be subject to the regular 
notification procedures of the Committees on Appropriations.


                    special notification requirements


    Sec. 520. None of the funds appropriated by this Act shall be 
obligated or expended for assistance for Liberia, Serbia, Sudan, 
Zimbabwe, Pakistan, or Cambodia except as provided through the

[[Page 119 STAT. 2203]]

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) <<NOTE: Reports. Deadline.>> 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, <<NOTE: HIV/AIDS.>> That funds appropriated by titles II and 
III of this Act that are made available for bilateral assistance for 
child survival activities or disease programs including activities 
relating to research on, and the prevention, treatment and control of, 
HIV/AIDS may be made available notwithstanding any other provision of 
law except for the provisions under the heading ``Child Survival and 
Health Programs Fund'' and the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 
7601 et seq.), as amended: Provided further, That of the funds 
appropriated under title II of this Act, not less than $440,000,000 
shall be made available for family planning/reproductive health: 
Provided further, <<NOTE: Audit.>> 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.

[[Page 119 STAT. 2204]]

                               afghanistan


    Sec. 523. Of the funds appropriated by titles II and III of this 
Act, not less than $931,400,000 should be made available for 
humanitarian, reconstruction, and related assistance for Afghanistan: 
Provided, That of the funds made available pursuant to this section, not 
less than $3,000,000 should be made available for reforestation 
activities: Provided further, That funds made available pursuant to the 
previous proviso should be matched, to the maximum extent possible, with 
contributions from American and Afghan businesses: Provided further, 
That of the funds allocated for assistance for Afghanistan from this Act 
and other Acts making appropriations for foreign operations, export 
financing, and related programs for fiscal year 2006, not less than 
$50,000,000 should be made available to support programs that directly 
address the needs of Afghan women and girls, of which not less than 
$7,500,000 shall be made available for grants to support training and 
equipment to improve the capacity of women-led Afghan nongovernmental 
organizations and to support the activities of such organizations: 
Provided further, That of the funds made available pursuant to this 
section, not less than $2,000,000 should be made available for the 
Afghan Independent Human Rights Commission and for other Afghan human 
rights organizations.


                notification on excess defense equipment


    Sec. 524. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 1961, 
the Department of Defense shall notify the Committees on Appropriations 
to the same extent and under the same conditions as are other committees 
pursuant to subsection (f) of that section: Provided, That before 
issuing a letter of offer to sell excess defense articles under the Arms 
Export Control Act, the Department of Defense shall notify the 
Committees on Appropriations in accordance with the regular notification 
procedures of such Committees if such defense articles are significant 
military equipment (as defined in section 47(9) of the Arms Export 
Control Act) or are valued (in terms of original acquisition cost) at 
$7,000,000 or more, or if notification is required elsewhere in this Act 
for the use of appropriated funds for specific countries that would 
receive such excess defense articles: Provided further, That such 
Committees shall also be informed of the original acquisition cost of 
such defense articles.


                                hiv/aids


    Sec. 525. <<NOTE: Certification.>> (a) Notwithstanding any other 
provision of this Act, 20 percent of the funds that are appropriated by 
this Act for a contribution to support the Global Fund to Fight AIDS, 
Tuberculosis and Malaria (the ``Global Fund'') shall be withheld from 
obligation to the Global Fund until the Secretary of State certifies to 
the Committees on Appropriations that the Global Fund--
            (1) has established clear progress indicators upon which to 
        determine the release of incremental disbursements;
            (2) is releasing such incremental disbursements only if 
        progress is being made based on those indicators; and

[[Page 119 STAT. 2205]]

            (3) is providing support and oversight to country-level 
        entities, such as country coordinating mechanisms, principal 
        recipients, and local Fund agents, to enable them to fulfill 
        their mandates.

    (b) The Secretary of State may waive subsection (a) if the Secretary 
determines and reports to the Committees on Appropriations that such 
waiver is important to the national interest of the United States.


                                  burma


    Sec. 526. <<NOTE: 50 USC 1701 note.>> (a) The Secretary of the 
Treasury shall instruct the United States executive director to each 
appropriate international financial institution in which the United 
States participates, to oppose and vote against the extension by such 
institution of any loan or financial or technical assistance or any 
other utilization of funds of the respective bank to and for Burma.

    (b) Of the funds appropriated under the heading ``Economic Support 
Fund'', not less than $11,000,000 shall be made available to support 
democracy activities in Burma, along the Burma-Thailand border, for 
activities of Burmese student groups and other organizations located 
outside Burma, and for the purpose of supporting the provision of 
humanitarian assistance to displaced Burmese along Burma's borders: 
Provided, That funds made available under this heading may be made 
available notwithstanding any other provision of law: Provided further, 
That in addition to assistance for Burmese refugees provided under the 
heading ``Migration and Refugee Assistance'' in this Act, not less than 
$3,000,000 shall be made available for assistance for community-based 
organizations operating in Thailand to provide food, medical and other 
humanitarian assistance to internally displaced persons in eastern 
Burma: Provided further, That funds made available under this section 
shall be subject to the regular notification procedures of the 
Committees on Appropriations.
    (c) <<NOTE: President.>> The President shall include amounts 
expended by the Global Fund to Fight AIDS, Tuberculosis and Malaria to 
the State Peace and Development Council in Burma, directly or through 
groups and organizations affiliated with the Global Fund, in making 
determinations regarding the amount to be withheld by the United States 
from its contribution to the Global Fund pursuant to section 
202(d)(4)(A)(ii) of Public Law 108-25.


       prohibition on bilateral assistance to terrorist countries


    Sec. 527. <<NOTE: President.>> (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. <<NOTE: President. Federal 
Register, publication. Deadline. Notification.>> The President shall 
publish each waiver in the Federal Register and, at least 15 days 


[[Page 119 STAT. 2206]]

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. <<NOTE: 22 USC 2362 note.>> (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).

[[Page 119 STAT. 2207]]

            (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) <<NOTE: President.>> 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. <<NOTE: President.>> (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.

[[Page 119 STAT. 2208]]

           financial market assistance in transition countries


    Sec. 531. Of the funds appropriated by this Act under the headings 
``Trade and Development Agency'', ``Development Assistance'', 
``Transition Initiatives'', ``Economic Support Fund'', ``International 
Affairs Technical Assistance'', ``Assistance for the Independent States 
of the Former Soviet Union'', ``Nonproliferation, Anti-terrorism, 
Demining and Related Programs'', and ``Assistance for Eastern Europe and 
Baltic States'', not less than $40,000,000 should be made available for 
building capital markets and financial systems in countries in 
transition.


 authorities for the peace corps, inter-american foundation and african 
                         development foundation


    Sec. 532. Unless expressly provided to the contrary, provisions of 
this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for foreign operations, export 
financing, and related programs, shall not be construed to prohibit 
activities authorized by or conducted under the Peace Corps Act, the 
Inter-American Foundation Act or the African Development Foundation 
Act. <<NOTE: Reports.>> The agency shall promptly report to the 
Committees on Appropriations whenever it is conducting activities or is 
proposing to conduct activities in a country for which assistance is 
prohibited.


                   impact on jobs in the united states


    Sec. 533. None of the funds appropriated by this Act may be 
obligated or expended to provide--
            (1) any financial incentive to a business enterprise 
        currently located in the United States for the purpose of 
        inducing such an enterprise to relocate outside the United 
        States if such incentive or inducement is likely to reduce the 
        number of employees of such business enterprise in the United 
        States because United States production is being replaced by 
        such enterprise outside the United States; or
            (2) assistance for any program, project, or activity that 
        contributes to the violation of internationally recognized 
        workers rights, as defined in section 507(4) of the Trade Act of 
        1974, of workers in the recipient country, including any 
        designated zone or area in that country: Provided, That the 
        application of section 507(4)(D) and (E) of such Act should be 
        commensurate with the level of development of the recipient 
        country and sector, and shall not preclude assistance for the 
        informal sector in such country, micro and small-scale 
        enterprise, and smallholder agriculture.


                           special authorities


    Sec. 534. (a) Afghanistan, Iraq, Pakistan, Lebanon, Montenegro, 
Victims of War, Displaced Children, and Displaced Burmese.--Funds 
appropriated by this Act that are made available for assistance for 
Afghanistan may be made available notwithstanding section 512 of this 
Act or any similar provision of law and section 660 of the Foreign 
Assistance Act of 1961, and funds appropriated in titles I and II of 
this Act that are made available for Iraq, Lebanon, Montenegro, 
Pakistan, and for victims of war, displaced children, and displaced 
Burmese, and to assist victims

[[Page 119 STAT. 2209]]

of trafficking in persons and, subject to the regular notification 
procedures of the Committees on Appropriations, to combat such 
trafficking, may be made available notwithstanding any other provision 
of law.
    (b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections 
103 through 106, and chapter 4 of part II, of the Foreign Assistance Act 
of 1961 may be used, notwithstanding any other provision of law, for the 
purpose of supporting tropical forestry and biodiversity conservation 
activities and energy programs aimed at reducing greenhouse gas 
emissions: Provided, That such assistance shall be subject to sections 
116, 502B, and 620A of the Foreign Assistance Act of 1961.
    (c) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by the United 
States Agency for International Development to employ up to 25 personal 
services contractors in the United States, notwithstanding any other 
provision of law, for the purpose of providing direct, interim support 
for new or expanded overseas programs and activities managed by the 
agency until permanent direct hire personnel are hired and trained: 
Provided, That not more than 10 of such contractors shall be assigned to 
any bureau or office: Provided further, That such funds appropriated to 
carry out title II of the Agricultural Trade Development and Assistance 
Act of 1954, may be made available only for personal services 
contractors assigned to the Office of Food for Peace.
    (d)(1) Waiver.--The President may waive the provisions of section 
1003 of Public Law 100-204 if the President determines and certifies in 
writing to the Speaker of the House of Representatives and the President 
pro tempore of the Senate that it is important to the national security 
interests of the United States.
    (2) Period of Application of Waiver.--Any waiver pursuant to 
paragraph (1) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (e) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development may provide an exception to 
the fair opportunity process for placing task orders under such 
contracts when the order is placed with any category of small or small 
disadvantaged business.
    (f) Vietnamese Refugees.--Section 594(a) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2005 (enacted 
as division D of Public Law 108-447; 118 Stat. 3038) is amended by 
striking ``and 2005'' and inserting ``through 2007''.
    (g) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (h) World Food Program.--Of the funds managed by the Bureau for 
Democracy, Conflict, and Humanitarian Assistance of

[[Page 119 STAT. 2210]]

the United States Agency for International Development, from this or any 
other Act, not less than $10,000,000 shall be made available as a 
general contribution to the World Food Program, notwithstanding any 
other provision of law.
    (i) University Programs.--Notwithstanding any other provision of 
law, of the funds appropriated under the heading ``Development 
Assistance'' in this Act, up to $5,000,000 shall be made available to 
American educational institutions for programs and activities in the 
People's Republic of China relating to the environment, democracy, and 
the rule of law: Provided, That funds made available pursuant to this 
authority shall be subject to the regular notification procedures of the 
Committees on Appropriations.
    (j) Extension of Authority.--
            (1) With respect to funds appropriated by this Act that are 
        available for assistance for Pakistan, the President may waive 
        the prohibition on assistance contained in section 508 of this 
        Act subject to the requirements contained in section 1(b) of 
        Public Law 107-57, as amended, for a determination and 
        certification, and consultation, by the President prior to the 
        exercise of such waiver authority.
            (2) Section 512 of this Act and section 620(q) of the 
        Foreign Assistance Act of 1961 shall not apply with respect to 
        assistance for Pakistan from funds appropriated by this Act.
            (3) Notwithstanding the date contained in section 6 of 
        Public Law 107-57, as amended, the provisions of sections 2 and 
        4 of that Act shall remain in effect through the current fiscal 
        year.

    (k) Middle East Foundation.--Of the funds appropriated by this Act 
under the heading ``Economic Support Fund'' that are available for the 
Middle East Partnership Initiative, up to $35,000,000 may be made 
available, including as an endowment, notwithstanding any other 
provision of law and following consultations with the Committees on 
Appropriations, to establish and operate a Middle East Foundation, or 
any other similar entity, whose purpose is to support democracy, 
governance, human rights, and the rule of law in the Middle East region: 
Provided, That such funds may be made available to the Foundation only 
to the extent that the Foundation has commitments from sources other 
than the United States Government to at least match the funds provided 
under the authority of this subsection: Provided further, That 
provisions contained in section 201 of the Support for East European 
Democracy (SEED) Act of 1989 (excluding the authorizations of 
appropriations provided in subsection (b) of that section) shall be 
deemed to apply to any such foundation or similar entity referred to 
under this subsection, and to funds made available to such entity, in 
order to enable it to provide assistance for purposes of this section: 
Provided further, That prior to the initial obligation of funds for any 
such foundation or similar entity pursuant to the authorities of this 
subsection, other than for administrative support, the Secretary of 
State shall take steps to ensure, on an ongoing basis, that any such 
funds made available pursuant to such authorities are not provided to or 
through any individual or group that the management of the foundation or 
similar entity knows or has reason to believe, advocates, plans, 
sponsors, or otherwise engages in terrorist 
activities: <<NOTE: Applicability.>> Provided further, That section 530 
of this Act shall apply to any such foundation or similar entity 
established pursuant to this subsection: <<NOTE: Termination 
date.>> Provided further, 


[[Page 119 STAT. 2211]]

That the authority of the Foundation, or any similar entity, to provide 
assistance shall cease to be effective on September 30, 2010.
    (l) Extension of Authority.--(1) Section 21(h)(1)(A) of the Arms 
Export Control Act (22 U.S.C. 2761(h)(1)(A)) is amended by inserting 
after ``North Atlantic Treaty Organization'' the following: ``or the 
Governments of Australia, New Zealand, Japan, or Israel''.
            (2) Section 21(h)(2) of the Arms Export Control Act (22 
        U.S.C. 2761(h)(2)) is amended by striking ``or to any member 
        government that Organization if that Organization or member 
        government'' and inserting the following: ``, to any member of 
        that Organization, or to the Governments of Australia, New 
        Zealand, Japan, or Israel if that Organization, member 
        government, or the Governments of Australia, New Zealand, Japan, 
        or Israel''.
            (3) Section 541 of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2347) is amended--
                    (A) in the first sentence, by striking ``The 
                President'' and inserting ``(a) The President''; and
                    (B) by adding at the end the following new 
                subsection:

    ``(b) <<NOTE: President.>> The President shall seek reimbursement 
for military education and training furnished under this chapter from 
countries using assistance under section 23 of the Arms Export Control 
Act (22 U.S.C. 2763, relating to the Foreign Military Financing Program) 
to purchase such military education and training at a rate comparable to 
the rate charged to countries receiving grant assistance for military 
education and training under this chapter.''.

    (m) Extension of Authority.--The Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 (Public Law 
101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking ``and 2005'' 
                and inserting ``2005, and 2006''; and
                    (B) in subsection (e), by striking ``2005'' each 
                place it appears and inserting ``2006''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking ``2005'' and inserting ``2006''.


                      arab league boycott of israel


    Sec. 535. It is the sense of the Congress that--
            (1) the Arab League boycott of Israel, and the secondary 
        boycott of American firms that have commercial ties with Israel, 
        is an impediment to peace in the region and to United States 
        investment and trade in the Middle East and North Africa;
            (2) the Arab League boycott, which was regrettably 
        reinstated in 1997, should be immediately and publicly 
        terminated, and the Central Office for the Boycott of Israel 
        immediately disbanded;
            (3) all Arab League states should normalize relations with 
        their neighbor Israel;
            (4) the President and the Secretary of State should continue 
        to vigorously oppose the Arab League boycott of Israel and find 
        concrete steps to demonstrate that opposition by, for example, 
        taking into consideration the participation of any recipient 
        country in the boycott when determining to sell weapons to said 
        country; and

[[Page 119 STAT. 2212]]

            (5) the President should report to Congress annually on 
        specific steps being taken by the United States to encourage 
        Arab League states to normalize their relations with Israel to 
        bring about the termination of the Arab League boycott of 
        Israel, including those to encourage allies and trading partners 
        of the United States to enact laws prohibiting businesses from 
        complying with the boycott and penalizing businesses that do 
        comply.


                       eligibility for assistance


    Sec. 536. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, and from funds appropriated under the heading ``Assistance 
for Eastern Europe and the Baltic 
States'': <<NOTE: President. Notification.>> Provided, That before using 
the authority of this subsection to furnish assistance in support of 
programs of nongovernmental organizations, the President shall notify 
the Committees on Appropriations under the regular notification 
procedures of those committees, including a description of the program 
to be assisted, the assistance to be provided, and the reasons for 
furnishing such assistance: Provided further, That nothing in this 
subsection shall be construed to alter any existing statutory 
prohibitions against abortion or involuntary sterilizations contained in 
this or any other Act.

    (b) Public Law 480.--During fiscal year 2006, restrictions contained 
in this or any other Act with respect to assistance for a country shall 
not be construed to restrict assistance under the Agricultural Trade 
Development and Assistance Act of 1954: Provided, That none of the funds 
appropriated to carry out title I of such Act and made available 
pursuant to this subsection may be obligated or expended except as 
provided through the regular notification procedures of the Committees 
on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to the government of a country that violates 
        internationally recognized human rights.


                          reservations of funds


    Sec. 537. (a) Funds appropriated by this Act which are earmarked may 
be reprogrammed for other programs within the same account 
notwithstanding the earmark if compliance with the earmark is made 
impossible by operation of any provision of this or any other Act: 
Provided, That any such reprogramming shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That assistance that is reprogrammed pursuant to this 
subsection shall be made available under the same terms and conditions 
as originally provided.

[[Page 119 STAT. 2213]]

    (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by the United States Agency for International Development 
that are earmarked for particular programs or activities by this or any 
other Act shall be extended for an additional fiscal year if the 
Administrator of such agency determines and reports promptly to the 
Committees on Appropriations that the termination of assistance to a 
country or a significant change in circumstances makes it unlikely that 
such earmarked funds can be obligated during the original period of 
availability: Provided, That such earmarked funds that are continued 
available for an additional fiscal year shall be obligated only for the 
purpose of such earmark.


                          ceilings and earmarks


    Sec. 538. Ceilings and earmarks contained in this Act shall not be 
applicable to funds or authorities appropriated or otherwise made 
available by any subsequent Act unless such Act specifically so directs. 
Earmarks or minimum funding requirements contained in any other Act 
shall not be applicable to funds appropriated by this Act.


                 prohibition on publicity or propaganda


    Sec. 539. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before the date of the enactment of this Act by the 
Congress: Provided, That not to exceed $25,000 may be made available to 
carry out the provisions of section 316 of Public Law 96-533.


            prohibition of payments to united nations members


    Sec. 540. None of the funds appropriated or made available pursuant 
to this Act for carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrearages, or dues of 
any member of the United Nations or, from funds appropriated by this Act 
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, 
the costs for participation of another country's delegation at 
international conferences held under the auspices of multilateral or 
international organizations.


              nongovernmental organizations--documentation


    Sec. 541. None of the funds appropriated or made available pursuant 
to this Act shall be available to a nongovernmental organization which 
fails to provide upon timely request any document, file, or record 
necessary to the auditing requirements of the United States Agency for 
International Development.


  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism


    Sec. 542. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is

[[Page 119 STAT. 2214]]

a terrorist government for purposes of section 6(j) of the Export 
Administration Act of 1979. <<NOTE: Termination date.>> 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 <<NOTE: Applicability.>> 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) <<NOTE: President. Reports.>> 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. <<NOTE: Certification.>> (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) <<NOTE: Deadline. Reports.>> 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

[[Page 119 STAT. 2215]]

interest owed by nations receiving foreign assistance under this Act.

    (f) In this section:
            (1) The term ``appropriate congressional committees'' means 
        the Committee on Appropriations of the Senate and the Committee 
        on Appropriations of the House of Representatives.
            (2) The term ``fully adjudicated'' includes circumstances in 
        which the person to whom the vehicle is registered--
                    (A)(i) has not responded to the parking violation 
                summons; or
                    (ii) has not followed the appropriate adjudication 
                procedure to challenge the summons; and
                    (B) the period of time for payment of or challenge 
                to the summons has lapsed.
            (3) The term ``parking fines and penalties'' means parking 
        fines and penalties--
                    (A) owed to--
                          (i) the District of Columbia; or
                          (ii) New York, New York; and
                    (B) incurred during the period April 1, 1997, 
                through September 30, 2005.
            (4) The term ``unpaid property taxes'' means the amount of 
        unpaid taxes and interest determined to be owed by a foreign 
        country on real property in the District of Columbia or New 
        York, New York in a court order or judgment entered against such 
        country by a court of the United States or any State or 
        subdivision thereof.


     limitation on assistance for the plo for the west bank and gaza


    Sec. 544. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation Organization for 
the West Bank and Gaza unless the President has exercised the authority 
under section 604(a) of the Middle East Peace Facilitation Act of 1995 
(title VI of Public Law 104-107) or any other legislation to suspend or 
make inapplicable section 307 of the Foreign Assistance Act of 1961 and 
that suspension is still in effect: Provided, That if the President 
fails to make the certification under section 604(b)(2) of the Middle 
East Peace Facilitation Act of 1995 or to suspend the prohibition under 
other legislation, funds appropriated by this Act may not be obligated 
for assistance for the Palestine Liberation Organization for the West 
Bank and Gaza.


                      war crimes tribunals drawdown


    Sec. 545. If the President determines that doing so will contribute 
to a just resolution of charges regarding genocide or other violations 
of international humanitarian law, the President may direct a drawdown 
pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up 
to $30,000,000 of commodities and services for the United Nations War 
Crimes Tribunal established with regard to the former Yugoslavia by the 
United Nations Security Council or such other tribunals or commissions 
as the Council may establish or authorize to deal with such violations, 
without regard to the ceiling limitation contained in paragraph (2) 
thereof: Provided, That the determination required under this section 
shall be in lieu of any determinations otherwise required under section

[[Page 119 STAT. 2216]]

552(c): Provided further, That the drawdown made under this section for 
any tribunal shall not be construed as an endorsement or precedent for 
the establishment of any standing or permanent international criminal 
tribunal or court: Provided further, That funds made available for 
tribunals other than Yugoslavia, Rwanda, or the Special Court for Sierra 
Leone shall be made available subject to the regular notification 
procedures of the Committees on Appropriations.


                                landmines


    Sec. 546. Notwithstanding any other provision of law, demining 
equipment available to the United States Agency for International 
Development and the Department of State and used in support of the 
clearance of landmines and unexploded ordnance for humanitarian purposes 
may be disposed of on a grant basis in foreign countries, subject to 
such terms and conditions as the President may prescribe.


            restrictions concerning the palestinian authority


    Sec. 547. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new office of 
any department or agency of the United States Government for the purpose 
of conducting official United States Government business with the 
Palestinian Authority over Gaza and Jericho or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles: Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate General in 
Jerusalem: Provided further, That meetings between officers and 
employees of the United States and officials of the Palestinian 
Authority, or any successor Palestinian governing entity provided for in 
the Israel-PLO Declaration of Principles, for the purpose of conducting 
official United States Government business with such authority should 
continue to take place in locations other than Jerusalem. As has been 
true in the past, officers and employees of the United States Government 
may continue to meet in Jerusalem on other subjects with Palestinians 
(including those who now occupy positions in the Palestinian Authority), 
have social contacts, and have incidental discussions.


               prohibition of payment of certain expenses


    Sec. 548. None of the funds appropriated or otherwise made available 
by this Act under the heading ``International Military Education and 
Training'' or ``Foreign Military Financing Program'' for Informational 
Program activities or under the headings ``Child Survival and Health 
Programs Fund'', ``Development Assistance'', and ``Economic Support 
Fund'' may be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are 
        substantially of a recreational character, including but not 
        limited to entrance fees at sporting events, theatrical and 
        musical productions, and amusement parks.

[[Page 119 STAT. 2217]]

                                  haiti


    Sec. 549. (a) Of the funds appropriated by this Act, the following 
amounts shall be made available for assistance for Haiti--
            (1) $20,000,000 from ``Child Survival and Health Programs 
        Fund'';
            (2) $30,000,000 from ``Development Assistance'';
            (3) $50,000,000 from ``Economic Support Fund'';
            (4) $15,000,000 from ``International Narcotics Control and 
        Law Enforcement'';
            (5) $1,000,000 from ``Foreign Military Financing Program''; 
        and
            (6) $215,000 from ``International Military Education and 
        Training''.

    (b) The Government of Haiti shall be eligible to purchase defense 
articles and services under the Arms Export Control Act (22 U.S.C. 2751 
et seq.), for the Coast Guard.
    (c) <<NOTE: Certification.>> None of the funds made available in 
this Act under the heading ``International Narcotics Control and Law 
Enforcement'' may be used to transfer excess weapons, ammunition or 
other lethal property of an agency of the United States Government to 
the Government of Haiti for use by the Haitian National Police until the 
Secretary of State certifies to the Committees on Appropriations that: 
(1) the United Nations Mission in Haiti (MINUSTAH) has carried out the 
vetting of the senior levels of the Haitian National Police and has 
ensured that those credibly alleged to have committed serious crimes, 
including drug trafficking and human rights violations, have been 
suspended; and (2) the Transitional Haitian National Government is 
cooperating in a reform and restructuring plan for the Haitian National 
Police and the reform of the judicial system as called for in United 
Nations Security Council Resolution 1608 adopted on June 22, 2005.


          limitation on assistance to the palestinian authority


    Sec. 550. (a) Prohibition of Funds.--None of the funds appropriated 
by this Act to carry out the provisions of chapter 4 of part II of the 
Foreign Assistance Act of 1961 may be obligated or expended with respect 
to providing funds to the Palestinian Authority.
    (b) <<NOTE: President. Certification.>> 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) <<NOTE: Termination date.>> 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) <<NOTE: President.>> 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.

[[Page 119 STAT. 2218]]

               limitation on assistance to security forces


    Sec. 551. <<NOTE: Human rights.>> None of the funds made available 
by this Act may be provided to any unit of the security forces of a 
foreign country if the Secretary of State has credible evidence that 
such unit has committed gross violations of human rights, unless the 
Secretary determines and reports to the Committees on Appropriations 
that the government of such country is taking effective measures to 
bring the responsible members of the security forces unit to justice: 
Provided, That nothing in this section shall be construed to withhold 
funds made available by this Act from any unit of the security forces of 
a foreign country not credibly alleged to be involved in gross 
violations of human rights: Provided further, That in the event that 
funds are withheld from any unit pursuant to this section, the Secretary 
of State shall promptly inform the foreign government of the basis for 
such action and shall, to the maximum extent practicable, assist the 
foreign government in taking effective measures to bring the responsible 
members of the security forces to justice.


                    foreign military training report


    Sec. 552. The annual foreign military training report required by 
section 656 of the Foreign Assistance Act of 1961 shall be submitted by 
the Secretary of Defense and the Secretary of State to the Committees on 
Appropriations of the House of Representatives and the Senate by the 
date specified in that section.


                        authorization requirement


    Sec. 553. Funds appropriated by this Act, except funds appropriated 
under the headings ``Trade and Development Agency'', ``Overseas Private 
Investment Corporation'', and ``Global HIV/AIDS Initiative'', may be 
obligated and expended notwithstanding section 10 of Public Law 91-672 
and section 15 of the State Department Basic Authorities Act of 1956.


                                cambodia


    Sec. 554. (a)(1) None of the funds appropriated by this Act may be 
made available for assistance for the Central Government of Cambodia.
    (2) Paragraph (1) shall not apply to assistance for basic education, 
reproductive and maternal and child health, cultural and historic 
preservation, programs for the prevention, treatment, and control of, 
and research on, HIV/AIDS, tuberculosis, malaria, polio and other 
infectious diseases, development and implementation of legislation and 
implementation of procedures on inter-country adoptions consistent with 
international standards, rule of law programs, counternarcotics 
programs, programs to combat human trafficking that are provided through 
nongovernmental organizations, anti-corruption programs, and for the 
Ministry of Women and Veterans Affairs to combat human trafficking.
    (b) Notwithstanding any provision of this or any other Act, of the 
funds appropriated by this Act under the heading ``Economic Support 
Fund'', $15,000,000 shall be made available for activities to support 
democracy, the rule of law, and human rights, including assistance for 
democratic political parties in Cambodia.

[[Page 119 STAT. 2219]]

    (c) Funds appropriated by this Act to carry out provisions of 
section 541 of the Foreign Assistance Act of 1961 may be made available 
notwithstanding subsection (a).


                          palestinian statehood


    Sec. 555. (a) Limitation on Assistance.--None of the funds 
appropriated by this Act may be provided to support a Palestinian state 
unless the Secretary of State determines and certifies to the 
appropriate congressional committees that--
            (1) a new leadership of a Palestinian governing entity has 
        been democratically elected through credible and competitive 
        elections;
            (2) the elected governing entity of a new Palestinian 
        state--
                    (A) has demonstrated a firm commitment to peaceful 
                co-existence with the State of Israel;
                    (B) is taking appropriate measures to counter 
                terrorism and terrorist financing in the West Bank and 
                Gaza, including the dismantling of terrorist 
                infrastructures;
                    (C) is establishing a new Palestinian security 
                entity that is cooperative with appropriate Israeli and 
                other appropriate security organizations; and
            (3) the Palestinian Authority (or the governing body of a 
        new Palestinian state) is working with other countries in the 
        region to vigorously pursue efforts to establish a just, 
        lasting, and comprehensive peace in the Middle East that will 
        enable Israel and an independent Palestinian state to exist 
        within the context of full and normal relationships, which 
        should include--
                    (A) termination of all claims or states of 
                belligerency;
                    (B) respect for and acknowledgement of the 
                sovereignty, territorial integrity, and political 
                independence of every state in the area through measures 
                including the establishment of demilitarized zones;
                    (C) their right to live in peace within secure and 
                recognized boundaries free from threats or acts of 
                force;
                    (D) freedom of navigation through international 
                waterways in the area; and
                    (E) a framework for achieving a just settlement of 
                the refugee problem.

    (b) Sense of Congress.--It is the sense of Congress that the newly-
elected governing entity should enact a constitution assuring the rule 
of law, an independent judiciary, and respect for human rights for its 
citizens, and should enact other laws and regulations assuring 
transparent and accountable governance.
    (c) Waiver.--The President may waive subsection (a) if he determines 
that it is vital to the national security interests of the United States 
to do so.
    (d) Exemption.--The restriction in subsection (a) shall not apply to 
assistance intended to help reform the Palestinian Authority and 
affiliated institutions, or a newly-elected governing entity, in order 
to help meet the requirements of subsection (a), consistent with the 
provisions of section 550 of this Act (``Limitation on Assistance to the 
Palestinian Authority'').

[[Page 119 STAT. 2220]]

                                colombia


    Sec. 556. (a) Determination and Certification Required.--Funds 
appropriated by this Act that are available for assistance for the 
Colombian Armed Forces, may be made available as follows:
            (1) Up to 75 percent of such funds may be obligated prior to 
        a determination and certification by the Secretary of State 
        pursuant to paragraph (2).
            (2) Up to 12.5 percent of such funds may be obligated only 
        after the Secretary of State certifies and reports to the 
        appropriate congressional committees that:
                    (A) The Commander General of the Colombian Armed 
                Forces is suspending from the Armed Forces those 
                members, of whatever rank who, according to the Minister 
                of Defense or the Procuraduria General de la Nacion, 
                have been credibly alleged to have committed gross 
                violations of human rights, including extra-judicial 
                killings, or to have aided or abetted paramilitary 
                organizations.
                    (B) The Colombian Government is vigorously 
                investigating and prosecuting those members of the 
                Colombian Armed Forces, of whatever rank, who have been 
                credibly alleged to have committed gross violations of 
                human rights, including extra-judicial killings, or to 
                have aided or abetted paramilitary organizations, and is 
                promptly punishing those members of the Colombian Armed 
                Forces found to have committed such violations of human 
                rights or to have aided or abetted paramilitary 
                organizations.
                    (C) The Colombian Armed Forces have made substantial 
                progress in cooperating with civilian prosecutors and 
                judicial authorities in such cases (including providing 
                requested information, such as the identity of persons 
                suspended from the Armed Forces and the nature and cause 
                of the suspension, and access to witnesses, relevant 
                military documents, and other requested information).
                    (D) The Colombian Armed Forces have made substantial 
                progress in severing links (including denying access to 
                military intelligence, vehicles, and other equipment or 
                supplies, and ceasing other forms of active or tacit 
                cooperation) at the command, battalion, and brigade 
                levels, with paramilitary organizations, especially in 
                regions where these organizations have a significant 
                presence.
                    (E) The Colombian Government is dismantling 
                paramilitary leadership and financial networks by 
                arresting commanders and financial backers, especially 
                in regions where these networks have a significant 
                presence.
                    (F) The Colombian Government is taking effective 
                steps to ensure that the Colombian Armed Forces are not 
                violating the land and property rights of Colombia's 
                indigenous communities.
            (3) The balance of such funds may be obligated after July 
        31, 2006, if the Secretary of State certifies and reports to the 
        appropriate congressional committees, after such date, that the 
        Colombian Armed Forces are continuing to meet the conditions 
        contained in paragraph (2) and are conducting vigorous 
        operations to restore government authority and respect for human 
        rights in areas under the effective control of paramilitary and 
        guerrilla organizations.

[[Page 119 STAT. 2221]]

    (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) <<NOTE: Deadlines. Termination date. Human 
rights.>> Consultative Process.--Not later than 60 days after the date 
of enactment of this Act, and every 90 days thereafter until September 
30, 2007, the Secretary of State shall consult with internationally 
recognized human rights organizations regarding progress in meeting the 
conditions contained in subsection (a).

    (d) Definitions.--In this section:
            (1) Aided or abetted.--The term ``aided or abetted'' means 
        to provide any support to paramilitary groups, including taking 
        actions which allow, facilitate, or otherwise foster the 
        activities of such groups.
            (2) Paramilitary groups.--The term ``paramilitary groups'' 
        means illegal self-defense groups and illegal security 
        cooperatives.


                          illegal armed groups


    Sec. 557. (a) Denial of Visas to Supporters of Colombian Illegal 
Armed Groups.--Subject to subsection (b), the Secretary of State shall 
not issue a visa to any alien who the Secretary determines, based on 
credible evidence--
            (1) has willfully provided any support to the Revolutionary 
        Armed Forces of Colombia (FARC), the National Liberation Army 
        (ELN), or the United Self-Defense Forces of Colombia (AUC), 
        including taking actions or failing to take actions which allow, 
        facilitate, or otherwise foster the activities of such groups; 
        or
            (2) has committed, ordered, incited, assisted, or otherwise 
        participated in the commission of gross violations of human 
        rights, including extra-judicial killings, in Colombia.

    (b) Waiver.--Subsection (a) shall not apply if the Secretary of 
State determines and certifies to the appropriate congressional 
committees, on a case-by-case basis, that the issuance of a visa to the 
alien is necessary to support the peace process in Colombia or for 
urgent humanitarian reasons.


  prohibition on assistance to the palestinian broadcasting corporation


    Sec. 558. None of the funds appropriated or otherwise made available 
by this Act may be used to provide equipment, technical support, 
consulting services, or any other form of assistance to the Palestinian 
Broadcasting Corporation.


                       west bank and gaza program


    Sec. 559. <<NOTE: Deadline. Certification. Procedures.>> (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.

[[Page 119 STAT. 2222]]

    (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) <<NOTE: Audits.>> Subsequent to the certification specified in 
subsection (a), the Comptroller General of the United States shall 
conduct an audit and an investigation of the treatment, handling, and 
uses of all funds for the bilateral West Bank and Gaza Program in fiscal 
year 2006 under the heading ``Economic Support Fund''. The audit shall 
address--
            (1) the extent to which such Program complies with the 
        requirements of subsections (b) and (c), and
            (2) an examination of all programs, projects, and activities 
        carried out under such Program, including both obligations and 
        expenditures.

    (f) <<NOTE: Deadline. Reports.>> Not later than 180 days after 
enactment of this Act, the Secretary of State shall submit a report to 
the Committees on Appropriations updating the report contained in 
section 2106 of chapter 2 of title II of Public Law 109-13.


             contributions to united nations population fund


    Sec. 560. (a) Limitations on Amount of Contribution.--Of the amounts 
made available under ``International Organizations and Programs'' and 
``Child Survival and Health Programs Fund'' for fiscal year 2006, 
$34,000,000 shall be made available for the United Nations Population 
Fund (hereafter in this section referred to as the ``UNFPA''): Provided, 
That of this amount, not less than $22,500,000 shall be derived from 
funds appropriated under the heading ``International Organizations and 
Programs''.

[[Page 119 STAT. 2223]]

    (b) Availability of Funds.--Funds appropriated under the heading 
``International Organizations and Programs'' in this Act that are 
available for UNFPA, that are not made available for UNFPA because of 
the operation of any provision of law, shall be transferred to ``Child 
Survival and Health Programs Fund'' and shall be made available for 
family planning, maternal, and reproductive health activities, subject 
to the regular notification procedures of the Committees on 
Appropriations.
    (c) Prohibition on Use of Funds in China.--None of the funds made 
available under ``International Organizations and Programs'' may be made 
available for the UNFPA for a country program in the People's Republic 
of China.
    (d) Conditions on Availability of Funds.--Amounts made available 
under ``International Organizations and Programs'' for fiscal year 2006 
for the UNFPA may not be made available to UNFPA unless--
            (1) the UNFPA maintains amounts made available to the UNFPA 
        under this section in an account separate from other accounts of 
        the UNFPA;
            (2) the UNFPA does not commingle amounts made available to 
        the UNFPA under this section with other sums; and
            (3) the UNFPA does not fund abortions.


                              war criminals


    Sec. 561. (a)(1) None of the funds appropriated or otherwise made 
available pursuant to this Act may be made available for assistance, and 
the Secretary of the Treasury shall instruct the United States executive 
directors to the international financial institutions to vote against 
any new project involving the extension by such institutions of any 
financial or technical assistance, to any country, entity, or 
municipality whose competent authorities have failed, as determined by 
the Secretary of State, to take necessary and significant steps to 
implement its international legal obligations to apprehend and transfer 
to the International Criminal Tribunal for the former Yugoslavia (the 
``Tribunal'') all persons in their territory who have been indicted by 
the Tribunal and to otherwise cooperate with the Tribunal.
    (2) The provisions of this subsection shall not apply to 
humanitarian assistance or assistance for democratization.
    (b) <<NOTE: Applicability. Reports.>> 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) <<NOTE: Deadline. Justification.>> 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

[[Page 119 STAT. 2224]]

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.

[[Page 119 STAT. 2225]]

    (c) <<NOTE: President. Certification.>> The determination and 
certification referred to in subsection (a) is a determination by the 
President and a certification to the Committees on Appropriations that 
the Government of Serbia and Montenegro is--
            (1) cooperating with the International Criminal Tribunal for 
        the former Yugoslavia including access for investigators, the 
        provision of documents, and the surrender and transfer of 
        indictees or assistance in their apprehension, including Ratko 
        Mladic and Radovan Karadzic, unless the Secretary of State 
        determines and reports to the Committees on Appropriations that 
        these individuals are no longer residing in Serbia;
            (2) taking steps that are consistent with the Dayton Accords 
        to end Serbian financial, political, security and other support 
        which has served to maintain separate Republika Srpska 
        institutions; and
            (3) taking steps to implement policies which reflect a 
        respect for minority rights and the rule of law.

    (d) This section shall not apply to Montenegro, Kosovo, humanitarian 
assistance or assistance to promote democracy.


                    community-based police assistance


    Sec. 564. <<NOTE: 22 USC 2151 note.>> (a) Authority.--Funds made 
available by this Act to carry out the provisions of chapter 1 of part I 
and chapter 4 of part II of the Foreign Assistance Act of 1961, may be 
used, notwithstanding section 660 of that Act, to enhance the 
effectiveness and accountability of civilian police authority through 
training and technical assistance in human rights, the rule of law, 
strategic planning, and through assistance to foster civilian police 
roles that support democratic governance including assistance for 
programs to prevent conflict, respond to disasters, address gender-based 
violence, and foster improved police relations with the communities they 
serve.

    (b) Notification.--Assistance provided under subsection (a) shall be 
subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations.


                   special debt relief for the poorest


    Sec. 565. (a) Authority To Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961;
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act; or
            (3) any obligation or portion of such obligation, to pay for 
        purchases of United States agricultural commodities guaranteed 
        by the Commodity Credit Corporation under export credit 
        guarantee programs authorized pursuant to section 5(f) of the 
        Commodity Credit Corporation Charter Act of June 29, 1948, as 
        amended, section 4(b) of the Food for Peace Act of 1966, as 
        amended (Public Law 89-808), or section 202 of the Agricultural 
        Trade Act of 1978, as amended (Public Law 95-501).

    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief 
        and

[[Page 119 STAT. 2226]]

        referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is provided 
        in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy debt burdens 
        that are eligible to borrow from the International Development 
        Association, but not from the International Bank for 
        Reconstruction and Development, commonly referred to as ``IDA-
        only'' countries.

    (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international narcotics 
        control matters;
            (4) (including its military or other security forces) does 
        not engage in a consistent pattern of gross violations of 
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.

    (d) Availability of Funds.--The authority provided by subsection (a) 
may be used only with regard to the funds appropriated by this Act under 
the heading ``Debt Restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant 
to subsection (a) shall not be considered assistance for the purposes of 
any provision of law limiting assistance to a country. The authority 
provided by subsection (a) may be exercised notwithstanding section 
620(r) of the Foreign Assistance Act of 1961 or section 321 of the 
International Development and Food Assistance Act of 1975.


              authority to engage in debt buybacks or sales


    Sec. 566. (a) Loans Eligible for Sale, Reduction, or Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as defined in section 702(6) 
        of that Act or on receipt of payment from an eligible purchaser, 
        reduce or cancel such loan or portion thereof, only for the 
        purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its own 
                qualified debt, only if the eligible country uses an 
                additional amount of the local currency of the eligible 
                country, equal to not less than 40 percent of the price 
                paid for such debt by such eligible country, or the 
                difference between the price paid for such debt and the 
                face value of such debt, to support activities that link 
                conservation and

[[Page 119 STAT. 2227]]

                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) <<NOTE: President.>> 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) <<NOTE: Notification.>> 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) <<NOTE: President.>> Debtor Consultations.--Before the sale to 
any eligible purchaser, or any reduction or cancellation pursuant to 
this section, of any loan made to an eligible country, the President 
should consult with the country concerning the amount of loans to be 
sold, reduced, or canceled and their uses for debt-for-equity swaps, 
debt-for-development swaps, or debt-for-nature swaps.

    (e) Availability of Funds.--The authority provided by subsection (a) 
may be used only with regard to funds appropriated by this Act under the 
heading ``Debt Restructuring''.


                             basic education


    Sec. 567. Of the funds appropriated by title II of this Act, not 
less than $465,000,000 shall be made available for basic education, of 
which not less than $250,000 shall be provided to the Comptroller 
General of the United States to prepare an analysis of United States 
funded international basic education programs, which should be submitted 
to the Committees on Appropriations by May 1, 2006.


                         reconciliation programs


    Sec. 568. Of the funds appropriated under the heading ``Economic 
Support Fund'', not less than $15,000,000 should be made available to 
support reconciliation programs and activities which

[[Page 119 STAT. 2228]]

bring together individuals of different ethnic, religious, and political 
backgrounds from areas of civil conflict and war.


                                  sudan


    Sec. 569. (a) Availability of Funds.--Of the funds appropriated 
under the heading ``Development Assistance'' up to $70,000,000 may be 
made available for assistance for Sudan, of which not to exceed 
$6,000,000 may be made available for administrative expenses of the 
United States Agency for International Development associated with 
assistance programs for Sudan.
    (b) Limitation on Assistance.--Subject to subsection (c):
            (1) Notwithstanding section 501(a) of the International 
        Malaria Control Act of 2000 (Public Law 106-570) or any other 
        provision of law, none of the funds appropriated by this Act may 
        be made available for assistance for the Government of Sudan.
            (2) None of the funds appropriated by this Act may be made 
        available for the cost, as defined in section 502, of the 
        Congressional Budget Act of 1974, of modifying loans and loan 
        guarantees held by the Government of Sudan, including the cost 
        of selling, reducing, or canceling amounts owed to the United 
        States, and modifying concessional loans, guarantees, and credit 
        agreements.

    (c) <<NOTE: Certification.>> 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''.

[[Page 119 STAT. 2229]]

                         trade capacity building


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


  excess defense articles for central and south european countries and 
                         certain other countries


    Sec. 571. Notwithstanding section 516(e) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2006, funds 
available to the Department of Defense may be expended for crating, 
packing, handling, and transportation of excess defense articles 
transferred under the authority of section 516 of such Act to Albania, 
Afghanistan, Bulgaria, Croatia, Estonia, Former Yugoslavian Republic of 
Macedonia, Georgia, India, Iraq, Kazakhstan, Kyrgyzstan, Latvia, 
Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Tajikistan, 
Turkmenistan, Ukraine, and Uzbekistan.


                                zimbabwe


    Sec. 572. <<NOTE: Certification. 22 USC 2151 note.>> The Secretary 
of the Treasury shall instruct the United States executive director to 
each international financial institution to vote against any extension 
by the respective institution of any loans to the Government of 
Zimbabwe, except to meet basic human needs or to promote democracy, 
unless the Secretary of State determines and certifies to the Committees 
on Appropriations that the rule of law has been restored in Zimbabwe, 
including respect for ownership and title to property, freedom of speech 
and association.


                          gender-based violence


    Sec. 573. Programs funded under titles II and III of this Act that 
provide training for foreign police, judicial, and military officials, 
shall include, where appropriate, programs and activities that address 
gender-based violence.


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


    Sec. 574. (a) None of the funds made available in this Act in title 
II under the heading ``Economic Support Fund'' may be used to provide 
assistance to the government of a country that is a party to the 
International Criminal Court and has not entered into an agreement with 
the United States pursuant to Article 98 of the Rome Statute preventing 
the International Criminal Court from proceeding against United States 
personnel present in such country.

[[Page 119 STAT. 2230]]

    (b) The President may, with prior notice to Congress, waive the 
prohibition of subsection (a) with respect to a North Atlantic Treaty 
Organization (``NATO'') member country, a major non-NATO ally (including 
Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of 
Korea, and New Zealand), Taiwan, or such other country as he may 
determine if he determines and reports to the appropriate congressional 
committees that it is important to the national interests of the United 
States to waive such prohibition.
    (c) The President may, with prior notice to Congress, waive the 
prohibition of subsection (a) with respect to a particular country if he 
determines and reports to the appropriate congressional committees that 
such country has entered into an agreement with the United States 
pursuant to Article 98 of the Rome Statute preventing the International 
Criminal Court from proceeding against United States personnel present 
in such country.
    (d) The prohibition of this section shall not apply to countries 
otherwise eligible for assistance under the Millennium Challenge Act of 
2003, notwithstanding section 606(a)(2)(B) of such Act.
    (e) Funds appropriated for fiscal year 2005 under the heading 
``Economic Support Fund'' may be made available for democracy and rule 
of law programs and activities, notwithstanding the provisions of 
section 574 of division D of Public Law 108-447.


                                  tibet


    Sec. 575. (a) The Secretary of the Treasury should instruct the 
United States executive director to each international financial 
institution to use the voice and vote of the United States to support 
projects in Tibet if such projects do not provide incentives for the 
migration and settlement of non-Tibetans into Tibet or facilitate the 
transfer of ownership of Tibetan land and natural resources to non-
Tibetans; are based on a thorough needs-assessment; foster self-
sufficiency of the Tibetan people and respect Tibetan culture and 
traditions; and are subject to effective monitoring.
    (b) Notwithstanding any other provision of law, not less than 
$4,000,000 of the funds appropriated by this Act under the heading 
``Economic Support Fund'' should be made available to nongovernmental 
organizations to support activities which preserve cultural traditions 
and promote sustainable development and environmental conservation in 
Tibetan communities in the Tibetan Autonomous Region and in other 
Tibetan communities in China, and not less than $250,000 should be made 
available to the National Endowment for Democracy for human rights and 
democracy programs relating to Tibet.


                             central america


    Sec. 576. (a) Of the funds appropriated by this Act under the 
headings ``Child Survival and Health Programs Fund'' and ``Development 
Assistance'', not less than the amount of funds initially allocated 
pursuant to section 653(a) of the Foreign Assistance Act of 1961 for 
fiscal year 2005 should be made available for El Salvador, Guatemala, 
Nicaragua and Honduras.
    (b) In addition to the amounts requested under the heading 
``Economic Support Fund'' for assistance for Nicaragua and Guatemala in 
fiscal year 2006, not less than $1,500,000 should be made available for 
electoral assistance, media and civil society programs, and activities 
to combat corruption and strengthen democracy in

[[Page 119 STAT. 2231]]

Nicaragua, and not less than $1,500,000 should be made available for 
programs and activities to combat organized crime, crimes of violence 
specifically targeting women, and corruption in Guatemala.
    (c) Funds made available pursuant to subsection (b) shall be subject 
to prior consultation with the Committees on Appropriations.


      united states agency for international development management


                      (including transfer of funds)


    Sec. 577. <<NOTE: 22 USC 3948 note.>> (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) <<NOTE: Expiration date.>> The authority to hire 
        individuals contained in subsection (a) shall expire on 
        September 30, 2008.

    (c) Conditions.--The authority of subsection (a) may only be used to 
the extent that an equivalent number of positions that are filled by 
personal services contractors or other nondirect-hire employees of 
USAID, who are compensated with funds appropriated to carry out part I 
of the Foreign Assistance Act of 1961, including funds appropriated 
under the heading ``Assistance for Eastern Europe and the Baltic 
States'', are eliminated.
    (d) Priority Sectors.--In exercising the authority of this section, 
primary emphasis shall be placed on enabling USAID to meet personnel 
positions in technical skill areas currently encumbered by contractor or 
other nondirect-hire personnel.
    (e) Consultations.--The USAID Administrator shall consult with the 
Committees on Appropriations at least on a quarterly basis concerning 
the implementation of this section.
    (f) Program Account Charged.--The account charged for the cost of an 
individual hired and employed under the authority of this section shall 
be the account to which such individual's responsibilities primarily 
relate. Funds made available to carry out this section may be 
transferred to and merged and consolidated with funds appropriated for 
``Operating Expenses of the United States Agency for International 
Development''.
    (g) Management Reform Pilot.--Of the funds made available in 
subsection (a), USAID may use, in addition to funds otherwise available 
for such purposes, up to $10,000,000 to fund overseas support costs of 
members of the Foreign Service with a Foreign Service rank of four or 
below: Provided, That such authority is only used to reduce USAID's 
reliance on overseas personal services contractors or other nondirect-
hire employees compensated with funds appropriated to carry out part I 
of the Foreign Assistance Act of 1961, including funds appropriated 
under the heading ``Assistance for Eastern Europe and the Baltic 
States''.

[[Page 119 STAT. 2232]]

    (h) Disaster Surge Capacity.--Funds appropriated by this Act to 
carry out part I of the Foreign Assistance Act of 1961, including funds 
appropriated under the heading ``Assistance for Eastern Europe and the 
Baltic States'', may be used, in addition to funds otherwise available 
for such purposes, for the cost (including the support costs) of 
individuals detailed to or employed by the United States Agency for 
International Development whose primary responsibility is to carry out 
programs in response to natural disasters.


                           hipc debt reduction


    Sec. 578. <<NOTE: 22 USC 2395a note.>> 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. <<NOTE: President.>> Whenever the President determines 
that it is in furtherance of the purposes of the Foreign Assistance Act 
of 1961, up to a total of $20,000,000 of the funds appropriated under 
title II of this Act may be transferred to and merged with funds 
appropriated by this Act for the Overseas Private Investment Corporation 
Program Account, to be subject to the terms and conditions of that 
account: Provided, That such funds shall not be available for 
administrative expenses of the Overseas Private Investment Corporation: 
Provided further, That funds earmarked by this Act shall not be 
transferred pursuant to this section: Provided further, That the 
exercise of such authority shall be subject to the regular notification 
procedures of the Committees on Appropriations.


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


    Sec. 580. None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees of 
agencies or departments of the United States Government who are 
stationed in the United States, at any single international conference 
occurring outside the United States, unless the Secretary of State 
determines that such attendance is in the national interest: Provided, 
That for purposes of this section the term ``international conference'' 
shall mean a conference attended by representatives of the United States 
Government and representatives of foreign governments, international 
organizations, or nongovernmental organizations.


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


    Sec. 581. None of the funds made available in this Act for the 
Department of State may be used to provide assistance to

[[Page 119 STAT. 2233]]

the central government of a country which has notified the Department of 
State of its refusal to extradite to the United States any individual 
indicted in the United States for killing a law enforcement officer, as 
specified in a United States extradition request, unless the Secretary 
of State certifies to the Committees on Appropriations in writing that 
the application of the restriction to a country or countries is contrary 
to the national interest of the United States.


           prohibition against direct funding for saudi arabia


    Sec. 582. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance any 
assistance to Saudi Arabia: Provided, That the President may waive the 
prohibition of this section if he certifies to the Committees on 
Appropriations, 15 days prior to the obligation of funds for assistance 
for Saudi Arabia, that Saudi Arabia is cooperating with efforts to 
combat international terrorism and that the proposed assistance will 
help facilitate that effort.


       governments that have failed to permit certain extraditions


    Sec. 583. None of the funds made available in this Act for the 
Department of State, other than funds provided under the heading 
``International Narcotics Control and Law Enforcement'', may be used to 
provide assistance to the central government of a country with which the 
United States has an extradition treaty and which government has 
notified the Department of State of its refusal to extradite to the 
United States any individual indicted for a criminal offense for which 
the maximum penalty is life imprisonment without the possibility of 
parole, unless the Secretary of State certifies to the Committees on 
Appropriations in writing that the application of this restriction to a 
country or countries is contrary to the national interest of the United 
States.


                          reporting requirement


    Sec. 584. The Secretary of State shall provide the Committees on 
Appropriations, not later than April 1, 2006, and for each fiscal 
quarter, a report in writing on the uses of funds made available under 
the headings ``Foreign Military Financing Program'', ``International 
Military Education and Training'', and ``Peacekeeping Operations'': 
Provided, That such report shall include a description of the obligation 
and expenditure of funds, and the specific country in receipt of, and 
the use or purpose of the assistance provided by such funds.


                          environment programs


    Sec. 585. (a) Funding.--Of the funds appropriated under the heading 
``Development Assistance'', not less than $165,500,000 shall be made 
available for programs and activities which directly protect 
biodiversity, including forests, in developing countries, of which not 
less than $10,000,000 should be made available to implement the United 
States Agency for International Development's biodiversity conservation 
strategy for the Amazon basin, which amount shall be in addition to the 
amounts requested for biodiversity activities in these countries in 
fiscal year 2006: Provided, That of the funds appropriated by this Act, 
not less than $17,500,000 should

[[Page 119 STAT. 2234]]

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) <<NOTE: President.>> Climate Change Report.--Not later than 60 
days after the date on which the President's fiscal year 2007 budget 
request is submitted to Congress, the President shall submit a report to 
the Committees on Appropriations describing in detail the following--
            (1) all Federal agency obligations and expenditures, 
        domestic and international, for climate change programs and 
        activities in fiscal year 2006, including an accounting of 
        expenditures by agency with each agency identifying climate 
        change activities and associated costs by line item as presented 
        in the President's Budget Appendix; and
            (2) all fiscal year 2005 obligations and estimated 
        expenditures, fiscal year 2006 estimated expenditures and 
        estimated obligations, and fiscal year 2007 requested funds by 
        the United States Agency for International Development, by 
        country and central program, for each of the following: (i) to 
        promote the transfer and deployment of a wide range of United 
        States clean energy and energy efficiency technologies; (ii) to 
        assist in the measurement, monitoring, reporting, verification, 
        and reduction of greenhouse gas emissions; (iii) to promote 
        carbon capture and sequestration measures; (iv) to help meet 
        such countries' responsibilities under the Framework Convention 
        on Climate Change; and (v) to develop assessments of the 
        vulnerability to impacts of climate change and mitigation and 
        adaptation response strategies.

    (c) Extraction of Natural Resources.--
            (1) The Secretary of the Treasury shall inform the 
        managements of the international financial institutions and the 
        public that it is the policy of the United States that any 
        assistance by such institutions (including but not limited to 
        any loan, credit, grant, or guarantee) for the extraction and 
        export of oil, gas, coal, timber, or other natural resource 
        should not be provided unless the government of the country has 
        in place or is taking the necessary steps to establish 
        functioning systems for: (A) accurately accounting for revenues 
        and expenditures in connection with the extraction and export of 
        the type of natural resource to be extracted or exported; (B) 
        the independent auditing of such accounts and the widespread 
        public dissemination of the audits; and (C) verifying government 
        receipts against company payments including widespread 
        dissemination of such payment information, and disclosing such

[[Page 119 STAT. 2235]]

        documents as Host Government Agreements, Concession Agreements, 
        and bidding documents, allowing in any such dissemination or 
        disclosure for the redaction of, or exceptions for, information 
        that is commercially proprietary or that would create 
        competitive disadvantage.
            (2) <<NOTE: Deadline. Reports.>> Not later than 180 days 
        after the enactment of this Act, the Secretary of the Treasury 
        shall submit a report to the Committees on Appropriations 
        describing, for each international financial institution, the 
        amount and type of assistance provided, by country, for the 
        extraction and export of oil, gas, coal, timber, or other 
        national resource since September 30, 2005.


                               uzbekistan


    Sec. 586. Assistance may be provided to the central Government of 
Uzbekistan only if the Secretary of State determines and reports to the 
Committees on Appropriations that the Government of Uzbekistan is making 
substantial and continuing progress in meeting its commitments under the 
``Declaration on the Strategic Partnership and Cooperation Framework 
Between the Republic of Uzbekistan and the United States of America'', 
including respect for human rights, establishing a genuine multi-party 
system, and ensuring free and fair elections, freedom of expression, and 
the independence of the media, and that a credible international 
investigation of the May 31, 2005, shootings in Andijan is underway with 
the support of the Government of Uzbekistan: Provided, That for the 
purposes of this section ``assistance'' shall include excess defense 
articles.


                              central asia


    Sec. 587. <<NOTE: Reports.>> (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) <<NOTE: Deadline.>> 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

[[Page 119 STAT. 2236]]

Government of Kyrgyzstan is forcibly returning Uzbeks who have fled 
violence and political persecution, in violation of the 1951 Geneva 
Convention relating to the status of refugees, and the Convention 
Against Torture and Other Forms of Cruel, Inhuman, or Degrading 
Treatment; (2) efforts made by the United States to prevent such 
returns; and (3) the response of the Government of Kyrgyzstan.
    (e) For purposes of this section, the term ``countries of Central 
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and 
Turkmenistan.


                           disability programs


    Sec. 588. (a) Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', not less than $4,000,000 shall be 
made available for programs and activities administered by the United 
States Agency for International Development (USAID) to address the needs 
and protect the rights of people with disabilities in developing 
countries.
    (b) Funds appropriated under the heading ``Operating Expenses of the 
United States Agency for International Development'' shall be made 
available to develop and implement training for staff in overseas USAID 
missions to promote the full inclusion and equal participation of people 
with disabilities in developing countries.
    (c) The Secretary of State, the Secretary of the Treasury, and the 
Administrator of USAID shall seek to ensure that, where appropriate, 
construction projects funded by this Act are accessible to people with 
disabilities and in compliance with the USAID Policy on Standards for 
Accessibility for the Disabled, or other similar accessibility 
standards.
    (d) Of the funds made available pursuant to subsection (a), not more 
than 7 percent may be for management, oversight and technical support.
    (e) <<NOTE: Deadlines. Reports.>> Not later than 180 days after the 
date of enactment of this Act, and 180 days thereafter, the 
Administrator of USAID shall submit a report describing the programs, 
activities, and organizations funded pursuant to this section.


    discrimination against minority religious faiths in the russian 
                               federation


    Sec. 589. None of the funds appropriated for assistance under this 
Act may be made available for the Government of the Russian Federation, 
after 180 days from the date of the enactment of this Act, unless the 
President determines and certifies in writing to the Committees on 
Appropriations that the Government of the Russian Federation has 
implemented no statute, Executive order, regulation or similar 
government action that would discriminate, or which has as its principal 
effect discrimination, against religious groups or religious communities 
in the Russian Federation in violation of accepted international 
agreements on human rights and religious freedoms to which the Russian 
Federation is a party.


                          war crimes in africa


    Sec. 590. (a) The Congress reaffirms its support for the efforts of 
the International Criminal Tribunal for Rwanda (ICTR) and

[[Page 119 STAT. 2237]]

the Special Court for Sierra Leone (SCSL) to bring to justice 
individuals responsible for war crimes and crimes against humanity in a 
timely manner.
    (b) Funds appropriated by this Act, including funds for debt 
restructuring, may be made available for assistance to the central 
government of a country in which individuals indicted by ICTR and SCSL 
are credibly alleged to be living, if the Secretary of State determines 
and reports to the Committees on Appropriations that such government is 
cooperating with ICTR and SCSL, including the surrender and transfer of 
indictees in a timely manner: Provided, That this subsection shall not 
apply to assistance provided under section 551 of the Foreign Assistance 
Act of 1961 or to project assistance under title II of this Act: 
Provided further, That the United States shall use its voice and vote in 
the United Nations Security Council to fully support efforts by ICTR and 
SCSL to bring to justice individuals indicted by such tribunals in a 
timely manner.
    (c) <<NOTE: President.>> The prohibition in subsection (b) may be 
waived on a country by country basis if the President determines that 
doing so is in the national security interest of the United 
States: <<NOTE: Reports.>> Provided, That prior to exercising such 
waiver authority, the President shall submit a report to the Committees 
on Appropriations, in classified form if necessary, on: (1) the steps 
being taken to obtain the cooperation of the government in surrendering 
the indictee in question to the court of jurisdiction; (2) a strategy, 
including a timeline, for bringing the indictee before such court; and 
(3) the justification for exercising the waiver authority.

    (d) <<NOTE: Charles Taylor.>> Notwithstanding subsections (b) and 
(c), assistance may be made available for the central Government of 
Nigeria after 120 days following enactment of this Act only if the 
President submits a report to the Committees on Appropriations, in 
classified form if necessary, on: (1) the steps taken in fiscal years 
2003, 2004 and 2005 to obtain the cooperation of the Government of 
Nigeria in surrendering Charles Taylor to the SCSL; and (2) a strategy, 
including a timeline, for bringing Charles Taylor before the SCSL.


                            security in asia


    Sec. 591. (a) Of the funds appropriated under the heading ``Foreign 
Military Financing Program'', not less than the following amounts shall 
be made available to enhance security in Asia, consistent with 
democratic principles and the rule of law--
            (1) $30,000,000 for assistance for the Philippines;
            (2) $1,000,000 for assistance for Indonesia;
            (3) $1,000,000 for assistance for Bangladesh;
            (4) $3,000,000 for assistance for Mongolia;
            (5) $1,500,000 for assistance for Thailand;
            (6) $1,000,000 for assistance for Sri Lanka;
            (7) $1,000,000 for assistance for Cambodia;
            (8) $500,000 for assistance for Fiji; and
            (9) $250,000 for assistance for Tonga.

    (b) In addition to amounts appropriated elsewhere in this Act, 
$10,000,000 is hereby appropriated for ``Foreign Military Financing 
Program'': Provided, That these funds shall be available only to assist 
the Philippines in addressing the critical deficiencies identified in 
the Joint Defense Assessment of 2003.

[[Page 119 STAT. 2238]]

    (c) Funds made available for assistance for Indonesia pursuant to 
subsection (a) may only be made available for the Indonesian Navy, 
notwithstanding section 599F of this Act: Provided, That such funds 
shall only be made available subject to the regular notification 
procedures of the Committees on Appropriations.
    (d) Funds made available for assistance for Cambodia pursuant to 
subsection (a) shall be made available notwithstanding section 554 of 
this Act: Provided, That such funds shall only be made available subject 
to the regular notification procedures of the Committees on 
Appropriations.


                                  nepal


    Sec. 592. (a) Funds appropriated under the heading ``Foreign 
Military Financing Program'' may be made available for assistance for 
Nepal only if the Secretary of State certifies to the Committees on 
Appropriations that the Government of Nepal, including its security 
forces, has restored civil liberties, is protecting human rights, and 
has demonstrated, through dialogue with Nepal's political parties, a 
commitment to a clear timetable to restore multi-party democratic 
government consistent with the 1990 Nepalese Constitution.
    (b) The Secretary of State may waive the requirements of this 
section if the Secretary certifies to the Committees on Appropriations 
that to do so is in the national security interests of the United 
States.


                           neglected diseases


    Sec. 593. Of the funds appropriated under the heading ``Child 
Survival and Health Programs Fund'', not less than $15,000,000 shall be 
made available to support an integrated response to the control of 
neglected diseases including intestinal parasites, schistosomiasis, 
lymphatic filariasis, onchocerciasis, trachoma and leprosy: Provided, 
That the Administrator of the United States Agency for International 
Development shall consult with the Committees on Appropriations, 
representatives from the relevant international technical and 
nongovernmental organizations addressing the specific diseases, 
recipient countries, donor countries, the private sector, UNICEF and the 
World Health Organization: (1) on the most effective uses of such funds 
to demonstrate the health and economic benefits of such an approach; and 
(2) to develop a multilateral, integrated initiative to control these 
diseases that will enhance coordination and effectiveness and maximize 
the leverage of United States contributions with those of other donors: 
Provided further, That funds made available pursuant to this section 
shall be subject to the regular notification procedures of the 
Committees on Appropriations.


                orphans, displaced and abandoned children


    Sec. 594. Of the funds appropriated under title II of this Act, not 
less than $3,000,000 should be made available for activities to improve 
the capacity of foreign government agencies and nongovernmental 
organizations to prevent child abandonment, address the needs of 
orphans, displaced and abandoned children and provide permanent homes 
through family reunification, guardianship and domestic adoptions: 
Provided, That funds made available under

[[Page 119 STAT. 2239]]

title II of this Act should be made available, as appropriate, 
consistent with--
            (1) the goal of enabling children to remain in the care of 
        their family of origin, but when not possible, placing children 
        in permanent homes through adoption;
            (2) the principle that such placements should be based on 
        informed consent which has not been induced by payment or 
        compensation;
            (3) the view that long-term foster care or 
        institutionalization are not permanent options and should be 
        used when no other suitable permanent options are available; and
            (4) the recognition that programs that protect and support 
        families can reduce the abandonment and exploitation of 
        children.


                  advisor for indigenous peoples issues


    Sec. 595. <<NOTE: Deadline. Designation.>> (a) After consultation 
with the Committees on Appropriations and not later than 120 days after 
enactment of this Act, the Administrator of the United States Agency for 
International Development shall designate an ``Advisor for Indigenous 
Peoples Issues'' whose responsibilities shall include--
            (1) consulting with representatives of indigenous peoples 
        organizations;
            (2) ensuring that the rights and needs of indigenous peoples 
        are being respected and addressed in United States Agency for 
        International Development policies, programs and activities;
            (3) monitoring the design and implementation of United 
        States Agency for International Development policies, programs 
        and activities which affect indigenous peoples; and
            (4) coordinating with other Federal agencies on relevant 
        issues relating to indigenous peoples.


                                statement


    Sec. 596. (a) Funds provided in this Act for the following accounts 
shall be made available for programs and countries in the amounts 
contained in the respective tables included in the report accompanying 
this Act:
            ``Child Survival and Health Programs Fund''.
            ``Economic Support Fund''.
            ``Assistance for Eastern Europe and the Baltic States''.
            ``Assistance for the Independent States of the Former Soviet 
        Union''.
            ``Global HIV/AIDS Initiative''.
            ``Democracy Fund''.
            ``International Narcotics Control and Law Enforcement''.
            ``Andean Counterdrug Initiative''.
            ``Nonproliferation, Anti-Terrorism, Demining and Related 
        Programs''.
            ``Foreign Military Financing Program''.
            ``International Organizations and Programs''.

    (b) Any proposed increases or decreases to the amounts contained in 
such tables in the accompanying report shall be subject to the regular 
notification procedures of the Committees on Appropriations and section 
634A of the Foreign Assistance Act of 1961.

[[Page 119 STAT. 2240]]

        combatting piracy of united states copyrighted materials


    Sec. 597. (a) Program Authorized.--The Secretary of State may carry 
out a program of activities to combat piracy in countries that are not 
members of the Organization for Economic Cooperation and Development 
(OECD), including activities as follows:
            (1) The provision of equipment and training for law 
        enforcement, including in the interpretation of intellectual 
        property laws.
            (2) The provision of training for judges and prosecutors, 
        including in the interpretation of intellectual property laws.
            (3) The provision of assistance in complying with 
        obligations under applicable international treaties and 
        agreements on copyright and intellectual property.

    (b) Consultation With World Intellectual Property Organization.--In 
carrying out the program authorized by subsection (a), the Secretary 
shall, to the maximum extent practicable, consult with and provide 
assistance to the World Intellectual Property Organization in order to 
promote the integration of countries described in subsection (a) into 
the global intellectual property system.
    (c) Funding.--Of the amount appropriated or otherwise made available 
under the heading ``International Narcotics Control and Law 
Enforcement'', $5,000,000 may be made available in fiscal year 2006 for 
the program authorized by subsection (a).


                                 malaria


    Sec. 598. Of the funds appropriated under the heading ``Child 
Survival and Health Programs Fund'', not less than $100,000,000 should 
be made available for programs and activities to combat malaria: 
Provided, That such funds should be made available in accordance with 
country strategic plans incorporating best public health practices, 
which should include considerable support for the purchase of 
commodities and equipment including: (1) insecticides for indoor 
residual spraying that are proven to reduce the transmission of malaria; 
(2) pharmaceuticals that are proven effective treatments to combat 
malaria; (3) long-lasting insecticide-treated nets used to combat 
malaria; and (4) other activities to strengthen the public health 
capacity of malaria-affected countries: Provided 
further, <<NOTE: Deadlines. Termination date. Reports.>> That no later 
than 90 days after the date of enactment of this Act, and every 90 days 
thereafter until September 30, 2006, the Administrator of the United 
States Agency for International Development shall submit to the 
Committees on Appropriations a report describing in detail expenditures 
to combat malaria during fiscal year 2006.


                    oversight of iraq reconstruction


    Sec. 599. Subsection (o) of section 3001 of the Emergency 
Supplemental Appropriations Act for Defense and for the Reconstruction 
of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1234; 5 
U.S.C. App. 3 section 8G note), as amended by section 1203(j) of the 
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 
(Public Law 108-375; 118 Stat. 2081), <<NOTE: 5 USC app. 8G note.>> is 
amended by striking ``obligated'' and inserting ``expended''.

[[Page 119 STAT. 2241]]

            nonproliferation and counterproliferation efforts


    Sec. 599A. Funds appropriated under title II under the heading 
``Nonproliferation, Anti-Terrorism, Demining and Related Programs'' may 
be made available to the Under Secretary of State for Arms Control and 
International Security for use in certain nonproliferation efforts and 
counterproliferation efforts such as increased voluntary dues to the 
International Atomic Energy Agency and Proliferation Security Initiative 
activities.


       promotion of policy goals at multilateral development banks


    Sec. 599B. Title XV of the International Financial Institutions Act 
(22 U.S.C. 262o et seq.) is amended by adding at the end the following:

``SEC. 1505. PROMOTION OF POLICY <<NOTE: 22 USC 262o-4.>> GOALS.

    ``(a) The Secretary of the Treasury shall instruct the United States 
Executive Director at each multilateral development bank to inform each 
such bank and the executive directors of each such bank of the policy of 
the United States as set out in this section and to actively promote 
this policy and the goals set forth in section 1504 of this Act. It is 
the policy of the United States that each bank should--
            ``(1) require the bank's employees, officers and consultants 
        to make an annual disclosure of their financial interests and 
        income and of any other potential source of conflict of 
        interest;
            ``(2) link project and program design and results to 
        management and staff performance appraisals, salaries, and 
        bonuses;
            ``(3) implement voluntary disclosure programs for firms and 
        individuals participating in projects financed by such bank;
            ``(4) ensure that all loan, credit, guarantee, and grant 
        documents and other agreements with borrowers include provisions 
        for the financial resources and conditionality necessary to 
        ensure that a person or country that obtains financial support 
        from a bank complies with applicable bank policies and national 
        and international laws in carrying out the terms and conditions 
        of such documents and agreements, including bank policies and 
        national and international laws pertaining to the comprehensive 
        assessment and transparency of the activities related to access 
        to information, public health, safety, and environmental 
        protection;
            ``(5) implement clear anti-corruption procedures setting 
        forth the circumstances under which a person will be barred from 
        receiving a loan, contract, grant, guarantee or credit from such 
        bank, make such procedures available to the public, and make the 
        identity of such person available to the public;
            ``(6) coordinate policies across multilateral development 
        banks on issues including debarment, cross-debarment, 
        procurement guidelines, consultant guidelines, and fiduciary 
        standards so that a person that is debarred by one such bank is 
        subject to a rebuttable presumption of ineligibility to conduct 
        business with any other such bank during the specific 
        ineligibility period;
            ``(7) require each bank borrower and grantee and each 
        bidder, supplier and contractor for MDB projects to comply

[[Page 119 STAT. 2242]]

        with the highest standard of ethics prohibiting coercive, 
        collusive, corrupt and fraudulent practices, such as are defined 
        in the World Bank's Procurement Guidelines of May, 2004;
            ``(8) maintain a functionally independent Investigations 
        Office, Auditor General Office and Evaluation Office that are 
        free from interference in determining the scope of 
        investigations (including forensic audits), internal auditing 
        (including assessments of management controls for meeting 
        operational objectives and complying with bank policies), 
        performing work and communicating results, and that regularly 
        report to such bank's board of directors and, as appropriate and 
        in a manner consistent with such functional independence of the 
        Investigations Office and the Auditor General Office, to the 
        bank's President;
            ``(9) require that each candidate for adjustment or budget 
        support loans demonstrate transparent budgetary and procurement 
        processes including budget publication and public scrutiny prior 
        to loan or grant approval;
            ``(10) require that for each project where compensation is 
        to be provided to persons adversely affected by the project, 
        such persons have recourse to an impartial and responsive 
        mechanism to receive and resolve complaints. The mechanism 
        should be easily accessible to all segments of the affected 
        community without impeding access to other judicial or 
        administrative remedies and without retribution;
            ``(11) implement best practices in domestic laws and 
        international conventions against corruption for whistleblower 
        and witness disclosures and protections against retaliation for 
        internal and lawful public disclosures by the bank's employees 
        and others affected by such bank's operations who challenge 
        illegality or other misconduct that could threaten the bank's 
        mission, including: (1) best practices for legal burdens of 
        proof; (2) access to independent adjudicative bodies, including 
        external arbitration based on consensus selection and shared 
        costs; and (3) results that eliminate the effects of proven 
        retaliation; and
            ``(12) require, to the maximum extent possible, that all 
        draft country strategies are issued for public consideration no 
        less than 45 days before the country strategy is considered by 
        the multilateral development bank board of directors.

    ``(b) <<NOTE: Deadline. Internet.>> The Secretary of the Treasury 
shall, beginning thirty days after the enactment of this Act and within 
sixty calendar days of the meeting of the respective bank's Board of 
Directors at which such decisions are made, publish on the Department of 
the Treasury website a statement or explanation of the United States 
position on decisions related to: (1) operational policies; and (2) any 
proposal which would result or be likely to result in a significant 
effect on the environment.

    ``(c) In this section the term `multilateral development bank' has 
the meaning given that term in section 1307 of the International 
Financial Institutions Act (22 U.S.C. 262m-7) and also includes the 
European Bank for Reconstruction and Development and the Global 
Environment Facility.''.


                             authorizations


    Sec. 599C. (a) To authorize the United States participation in and 
appropriations for the United States contribution to the fourteenth 
replenishment of the resources of the International

[[Page 119 STAT. 2243]]

Development Association, the International Development Association Act, 
Public Law 86-565, as amended (22 U.S.C. 284 et seq.), is further 
amended by adding at the end thereof the following new section:

``SEC. 23. FOURTEENTH <<NOTE: 22 USC 284u.>> REPLENISHMENT.

    ``(a) The United States Governor of the International Development 
Association is authorized to contribute on behalf of the United States 
$2,850,000,000 to the fourteenth replenishment of the resources of the 
Association, subject to obtaining the necessary appropriations.
    ``(b) In order to pay for the United States contribution provided 
for in subsection (a), there are authorized to be appropriated, without 
fiscal year limitation, $2,850,000,000 for payment by the Secretary of 
the Treasury.''.
    (b) To authorize the United States participation in and 
appropriations for the United States contribution to the tenth 
replenishment of the resources of the African Development Fund, the 
African Development Fund Act, Public Law 94-302, as amended (22 U.S.C. 
290g et seq.), is further amended by adding at the end thereof the 
following new section:

``SEC. 218. TENTH <<NOTE: 22 USC 290g-17.>> REPLENISHMENT.

    ``(a) The United States Governor of the Fund is authorized to 
contribute on behalf of the United States $407,000,000 to the tenth 
replenishment of the resources of the Fund, subject to obtaining the 
necessary appropriations.
    ``(b) In order to pay for the United States contribution provided 
for in subsection (a), there are authorized to be appropriated, without 
fiscal year limitation, $407,000,000 for payment by the Secretary of the 
Treasury.''.
    (c) To authorize the United States participation in and 
appropriations for the United States contribution to the eighth 
replenishment of the resources of the Asian Development Fund, the Asian 
Development Fund Act, Public Law 92-245, as amended (22 U.S.C. 285 et 
seq.), is further amended by adding at the end thereof the following new 
section:

``SEC. 32. EIGHTH <<NOTE: 22 USC 285cc.>> REPLENISHMENT.

    ``(a) The United States Governor of the Bank is authorized to 
contribute on behalf of the United States $461,000,000 to the eighth 
replenishment of the resources of the Fund, subject to obtaining the 
necessary appropriations.
    ``(b) In order to pay for the United States contribution provided 
for in subsection (a), there are authorized to be appropriated, without 
fiscal year limitation, $461,000,000 for payment by the Secretary of the 
Treasury.''.


                        anticorruption provisions


    Sec. 599D. <<NOTE: Certification.>> Twenty percent of the funds 
appropriated by this Act under the heading ``International Development 
Association'', shall be withheld from disbursement until the Secretary 
of the Treasury certifies to the appropriate congressional committees 
that--
            (1) World Bank procurement guidelines are applied to all 
        procurement financed in whole or in part by a loan from the 
        International Bank for Reconstruction and Development (IBRD)

[[Page 119 STAT. 2244]]

        or a credit agreement or grant from the International 
        Development Association (IDA);
            (2) the World Bank proposal ``Increasing the Use of Country 
        Systems in Procurement'' dated March 2005 has been withdrawn;
            (3) the World Bank is maintaining a strong central 
        procurement office staffed with senior experts who are 
        designated to address commercial concerns, questions, and 
        complaints regarding procurement procedures and payments under 
        IDA and IBRD projects;
            (4) thresholds for international competitive bidding are 
        established to maximize international competitive bidding in 
        accordance with sound procurement practices, including 
        transparency, competition, and cost-effective results for the 
        Borrowers;
            (5) all tenders under the World Bank's national competitive 
        bidding provisions are subject to the same advertisement 
        requirements as tenders under international competitive bidding; 
        and
            (6) loan agreements are made public between the World Bank 
        and the Borrowers.


   assistance for demobilization and disarmament of former irregular 
                         combatants in colombia


    Sec. 599E. (a) Availability of Funds.--Of the funds appropriated in 
this Act, up to $20,000,000 may be made available in fiscal year 2006 
for assistance for the demobilization and disarmament of former members 
of foreign terrorist organizations (FTOs) in Colombia, specifically the 
United Self-Defense Forces of Colombia (AUC), the Revolutionary Armed 
Forces of Colombia (FARC) and the National Liberation Army (ELN), if the 
Secretary of State makes a certification described in subsection (b) to 
the appropriate congressional committees prior to the initial obligation 
of amounts for such assistance for the fiscal year involved.
    (b) Certification.--A certification described in this subsection is 
a certification that--
            (1) assistance for the fiscal year will be provided only for 
        individuals who have: (A) verifiably renounced and terminated 
        any affiliation or involvement with FTOs or other illegal armed 
        groups; and (B) are meeting all the requirements of the Colombia 
        Demobilization Program, including having disclosed their 
        involvement in past crimes and their knowledge of the FTO's 
        structure, financing sources, illegal assets, and the location 
        of kidnapping victims and bodies of the disappeared;
            (2) the Government of Colombia is providing full cooperation 
        to the Government of the United States to extradite the leaders 
        and members of the FTOs who have been indicted in the United 
        States for murder, kidnapping, narcotics trafficking, and other 
        violations of United States law;
            (3) the Government of Colombia is implementing a concrete 
        and workable framework for dismantling the organizational 
        structures of foreign terrorist organizations; and
            (4) funds shall not be made available as cash payments to 
        individuals and are available only for activities under the 
        following categories: verification, reintegration (including

[[Page 119 STAT. 2245]]

        training and education), vetting, recovery of assets for 
        reparations for victims, and investigations and prosecutions.

    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations and the 
                Committee on International Relations of the House of 
                Representatives; and
                    (B) the Committee on Appropriations and the 
                Committee on Foreign Relations of the Senate.
            (2) Foreign terrorist organization.--The term ``foreign 
        terrorist organization'' means an organization designated as a 
        terrorist organization under section 219 of the Immigration and 
        Nationality Act.


                                indonesia


    Sec. 599F. (a) Funds appropriated by this Act under the heading 
``Foreign Military Financing Program'' may be made available for 
assistance for Indonesia, and licenses may be issued for the export of 
lethal defense articles for the Indonesian Armed Forces, only if the 
Secretary of State certifies to the appropriate congressional committees 
that--
            (1) the Indonesian Government is prosecuting and punishing, 
        in a manner proportional to the crime, members of the Armed 
        Forces who have been credibly alleged to have committed gross 
        violations of human rights;
            (2) at the direction of the President of Indonesia, the 
        Armed Forces are cooperating with civilian judicial authorities 
        and with international efforts to resolve cases of gross 
        violations of human rights in East Timor and elsewhere; and
            (3) at the direction of the President of Indonesia, the 
        Government of Indonesia is implementing reforms to improve 
        civilian control of the military.

    (b) The Secretary of State may waive subsection (a) if the Secretary 
determines and reports to the Committees on Appropriations that to do so 
is in the national security interests of the United States.


                    report on indonesian cooperation


    Sec. 599G. Not later than 90 days after enactment of this Act, the 
Secretary of State shall submit a report to the Committees on 
Appropriations that describes--
            (1) the status of the investigation of the murders of two 
        United States citizens and one Indonesian citizen that occurred 
        on August 31, 2002 in Timika, Indonesia, the status of any 
        individuals indicted within the United States or Indonesia for 
        crimes relating to those murders, and the status of judicial 
        proceedings relating to those murders;
            (2) the efforts by the Government of Indonesia to arrest 
        individuals indicted for crimes relating to those murders and 
        any other actions taken by the Government of Indonesia, 
        including the Indonesian judiciary, police and Armed Forces, to 
        bring the individuals responsible for those murders to justice; 
        and
            (3) the cooperation provided by the Government of Indonesia, 
        including the Indonesian judiciary, police and Armed

[[Page 119 STAT. 2246]]

        Forces, to requests related to those murders made by the 
        Secretary of State or the Director of the Federal Bureau of 
        Investigation.

    This Act may be cited as the ``Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2006''.

    Approved November 14, 2005.

LEGISLATIVE HISTORY--H.R. 3057:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 109-152 (Comm. on Appropriations) and 109-265 
(Comm. of Conference).
SENATE REPORTS: No. 109-96 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
            June 28, considered and passed House.
            July 15, 19, 20, considered and passed Senate, amended.
            Nov. 4, House agreed to conference report.
            Nov. 10, Senate agreed to conference report.

                                  <all>
Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006

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