9291cadde5b2f3cea640e3438aa03ad7f31f70f19e50132758af27820f4fd25a

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

b1b70f8e17fcb4eeff2534a2628d858ae9ae0fd9bdae7620ac9c91d4183b43a5

TITLE V

-GENERAL PROVISIONS

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

d42f1bdbca460f625bb33496369dd36b9b9e0eaffbb8f25220ddb693e3759f37

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

8b2a1197addeab97e3a126eaec0d9264f8706bc70811e1e91b7babd347929c0a

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

6e7c841988f59bfecfbdb19c4a5272c2ab52163050e9ecf168b50666e768e7a0

this Act, not to exceed $250,000 shall be available for representation
and entertainment allowances, of which not to exceed $2,500 shall be
available for entertainment allowances, for the United States Agency
for International Development during the current fiscal year: Provided,
That no such entertainment funds may be used for the purposes listed in
section 548 of this Act: Provided further, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for general costs
of administering military assistance and sales under the heading
``Foreign Military Financing Program'', not to exceed $4,000 shall be
available for entertainment expenses and not to exceed $130,000 shall
be available for representation allowances: Provided further, That of
the funds made available by this Act under the heading ``International
Military Education and Training'', not to exceed $55,000 shall be
available for entertainment allowances: Provided further, That of the
funds made available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the funds made
available by this Act for the Peace Corps, not to exceed a total of
$4,000 shall be available for entertainment expenses: Provided further,
That of the funds made available by this Act under the heading ``Trade
and Development Agency'', not to exceed $4,000 shall be available for
representation and entertainment allowances: Provided further, That of
the funds made available by this Act under the heading ``Millennium
Challenge Corporation'', not to exceed $115,000 shall be available for
representation and entertainment allowances.
prohibition on taxation of united states assistance

c2c2fc204d21420a736441ed3936325f6113f0772528cb63dc3f21b6cc5e93fc

appropriated by this Act may be made available to provide assistance
for a foreign country under a new bilateral agreement governing the
terms and conditions under which such assistance is to be provided
unless such agreement includes a provision stating that assistance
provided by the United States shall be exempt from taxation, or
reimbursed, by the foreign government, and the Secretary of State shall
expeditiously seek to negotiate amendments to existing bilateral
agreements, as necessary, to conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
percent of the total taxes assessed during fiscal year 2006 on funds
appropriated by this Act by a foreign government or entity against
commodities financed under United States assistance programs for which
funds are appropriated by this Act, either directly or through
grantees, contractors and subcontractors shall be withheld from
obligation from funds appropriated for assistance for fiscal year 2007
and allocated for the central government of such country and for the
West Bank and Gaza Program to the extent that the Secretary of State
certifies and reports in writing to the Committees on Appropriations
that such taxes have not been reimbursed to the Government of the
United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each country or entity pursuant to subsection (b) shall be reprogrammed
for assistance to countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
(A) does not assess taxes on United States assistance or
which has an effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States
outweigh the policy of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the Committees on
Appropriations at least 15 days prior to exercising the authority
of this subsection with regard to any country or entity.
(f) Implementation.--The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value added
taxes and customs duties imposed on commodities financed with
United States assistance for programs for which funds are
appropriated by this Act; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States and
the government of the country receiving assistance that describes
the privileges and immunities applicable to United States foreign
assistance for such country generally, or an individual agreement
between the Government of the United States and such government
that describes, among other things, the treatment for tax purposes
that will be accorded the United States assistance provided under
that agreement.
prohibition against direct funding for certain countries

4c6d86899a689fb7e828ef0667e5be7bbecd5b5c95ccf5dc0fd29008570a9bac

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

8b5549f46f9c7bf93c13a7d5aad695c3fbabe8319b5d65d182fa38af7ed566e8

available pursuant to this Act shall be obligated or expended to
finance directly any assistance to the government of any country whose
duly elected head of government is deposed by military coup or decree:
Provided, That assistance may be resumed to such government if the
President determines and certifies to the Committees on Appropriations
that subsequent to the termination of assistance a democratically
elected government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to promote
democratic elections or public participation in democratic processes:
Provided further, That funds made available pursuant to the previous
provisos shall be subject to the regular notification procedures of the
Committees on Appropriations.
transfers

cb1c7abb7c230940a6724f8d5f405d8e9492512edcd98a927d75990f27f97cef

the funds made available by this Act may be transferred to any
department, agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers made
by, or authorized elsewhere in, this Act, funds appropriated by this
Act to carry out the purposes of the Foreign Assistance Act of 1961 may
be allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(b) Transfers Between Accounts.--None of the funds made available
by this Act may be obligated under an appropriation account to which
they were not appropriated, except for transfers specifically provided
for in this Act, unless the President, not less than 5 days prior to
the exercise of any authority contained in the Foreign Assistance Act
of 1961 to transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations of the House of
Representatives and the Senate.
(c) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or prior
Acts, entered into between the United States Agency for International
Development and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961
or any comparable provision of law, shall expressly provide that the
Office of the Inspector General for the agency receiving the transfer
or allocation of such funds shall perform periodic program and
financial audits of the use of such funds: Provided, That funds
transferred under such authority may be made available for the cost of
such audits.
commercial leasing of defense articles

9190d95ef553051d3c2c790db1c343711c1d7c2eef7b652053f1247837fd60ea

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

a33a3a1cb621fa029abfe360e8b1bdeb1467cd46451becd099bf38e4e3f6c7bf

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

c1c5756b7a14414b1bf0953e54172ecf1db83611009b36f122e6447c2f324a4d

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

152bceab2df57c8f20520368d356b9cd87fab82a0446dbdfd56774a3c178a951

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

8707ebb0098a73f31575128324333ef7da40d77ea29bc2486ee6846c8c942bc9

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

633c9c0a936eb79511eedefe1cbe1ddf94d33d6e5750049b9d34d372400ad21c

the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Health Programs
Fund'', ``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Initiative'',
``Assistance for Eastern Europe and the Baltic States'', ``Assistance
for the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Global HIV/AIDS Initiative'', ``Democracy Fund'',
``Peacekeeping Operations'', ``Capital Investment Fund'', ``Operating
Expenses of the United States Agency for International Development'',
``Operating Expenses of the United States Agency for International
Development Office of Inspector General'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Millennium Challenge
Corporation'' (by country only), ``Foreign Military Financing
Program'', ``International Military Education and Training'', ``Peace
Corps'', and ``Migration and Refugee Assistance'', shall be available
for obligation for activities, programs, projects, type of materiel
assistance, countries, or other operations not justified or in excess
of the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the Committees
on Appropriations of both Houses of Congress are previously notified 15
days in advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23 of the
Arms Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That this section shall not apply to any
reprogramming for an activity, program, or project for which funds are
appropriated under title II of this Act of less than 10 percent of the
amount previously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year: Provided
further, That the requirements of this section or any similar provision
of this Act or any other Act, including any prior Act requiring
notification in accordance with the regular notification procedures of
the Committees on Appropriations, may be waived if failure to do so
would pose a substantial risk to human health or welfare: Provided
further, That in case of any such waiver, notification to the Congress,
or the appropriate congressional committees, shall be provided as early
as practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
limitation on availability of funds for international organizations
and programs

c7710715c05b2cc2a26c8b4205c8182aff32d289eaf7cd3def4b9215b683c886

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

a1b1e39d2cf67cca21ac5d107edb995be6e149831fb1e5c848d12c85d3b44c6c

``Assistance for the Independent States of the Former Soviet Union''
shall be made available for assistance for a government of an
Independent State of the former Soviet Union if that government directs
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided,
That such funds may be made available without regard to the restriction
in this subsection if the President determines that to do so is in the
national security interest of the United States.
(b) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for any state to enhance its military capability: Provided,
That this restriction does not apply to demilitarization, demining or
nonproliferation programs.
(c) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the
regular notification procedures of the Committees on Appropriations.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(e) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated in this Act or prior appropriations
Acts under the heading ``Assistance for the Independent States of the
Former Soviet Union'' and under comparable headings in prior
appropriations Acts, for projects or activities that have as one of
their primary purposes the fostering of private sector development, the
Coordinator for United States Assistance to Europe and Eurasia and the
implementing agency shall encourage the participation of and give
significant weight to contractors and grantees who propose investing a
significant amount of their own resources (including volunteer services
and in-kind contributions) in such projects and activities.
prohibition on funding for abortions and involuntary sterilization

c459158ae656bdc59bed8be0d33001e90d664c8c193b54e16c5b49d28f2366f3

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

e1c114157e1dce1138d4d710463fa085b042d20cfbc5f3f56e1266bde643c3a1

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

cb2c303ba8049a261d17d5c0f2b90960603e83f414ed3572aff6e88de32dca07

obligated or expended for assistance for Liberia, Serbia, Sudan,
Zimbabwe, Pakistan, or Cambodia except as provided through the regular
notification procedures of the Committees on Appropriations.
definition of program, project, and activity

534883d2384894fd4d8279c61dd7243f18dc2eee754b40f5aff56a63c3689c9c

activity'' shall be defined at the appropriations Act account level and
shall include all appropriations and authorizations Acts earmarks,
ceilings, and limitations with the exception that for the following
accounts: Economic Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the United States
Agency for International Development ``program, project, and activity''
shall also be considered to include central, country, regional, and
program level funding, either as: (1) justified to the Congress; or (2)
allocated by the executive branch in accordance with a report, to be
provided to the Committees on Appropriations within 30 days of the
enactment of this Act, as required by section 653(a) of the Foreign
Assistance Act of 1961.
child survival and health activities

e3446f9eaff540bb4c884a8d4baecc89ec5c5d5a61ae3ea01dda22aaa2d1930b

for assistance under the heading ``Child Survival and Health Programs
Fund'', may be used to reimburse United States Government agencies,
agencies of State governments, institutions of higher learning, and
private and voluntary organizations for the full cost of individuals
(including for the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of carrying out
activities under that heading: Provided, That up to $3,500,000 of the
funds made available by this Act for assistance under the heading
``Development Assistance'' may be used to reimburse such agencies,
institutions, and organizations for such costs of such individuals
carrying out other development assistance activities: Provided further,
That funds appropriated by titles II and III of this Act that are made
available for bilateral assistance for child survival activities or
disease programs including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made available
notwithstanding any other provision of law except for the provisions
under the heading ``Child Survival and Health Programs Fund'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided further, That of the funds appropriated under title II of this
Act, not less than $440,000,000 shall be made available for family
planning/reproductive health: Provided further, That the Comptroller
General of the United States shall conduct an audit on the use of funds
appropriated for fiscal years 2004 and 2005 under the heading ``Child
Survival and Health Programs Fund'', to include specific
recommendations on improving the effectiveness of such funds.
afghanistan

00a304c2d2b56737cc8da31a677c8c88f931f0c8b5a1f3b59a018fa267872bb5

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

7b626eb80e86702bc8d6d5a1bac576d25ae26acae2b21feebb66b315cfdead6f

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

be3a22312f96acf284379a946bf1ad0f22642d2b36504145d1866458b79853ce

percent of the funds that are appropriated by this Act for a
contribution to support the Global Fund to Fight AIDS, Tuberculosis and
Malaria (the ``Global Fund'') shall be withheld from obligation to the
Global Fund until the Secretary of State certifies to the Committees on
Appropriations that the Global Fund--
(1) has established clear progress indicators upon which to
determine the release of incremental disbursements;
(2) is releasing such incremental disbursements only if
progress is being made based on those indicators; and
(3) is providing support and oversight to country-level
entities, such as country coordinating mechanisms, principal
recipients, and local Fund agents, to enable them to fulfill their
mandates.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on Appropriations
that such waiver is important to the national interest of the United
States.
burma

945fa3c384a1dd4f1986ba70210485960c8ea3eddd548daf8f1ed555a0a6e9e7

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

37368538252d9e475fbd3612bd08aee242c42f60a3f789105f57ea42a21bbb9c

heading of this Act and funds appropriated under any such heading in a
provision of law enacted prior to the enactment of this Act, shall not
be made available to any country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least 15 days before the
waiver takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
debt-for-development

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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

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(1) If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of part II
of the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the
Administrator of the United States Agency for International
Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated;
and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for International
Development and that government to monitor and account for
deposits into and disbursements from the separate account.
(2) Uses of local currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--The United States Agency for
International Development shall take all necessary steps to ensure
that the equivalent of the local currencies disbursed pursuant to
subsection (a)(2)(A) from the separate account established pursuant
to subsection (a)(1) are used for the purposes agreed upon pursuant
to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or chapter
4 of part II (as the case may be), any unencumbered balances of
funds which remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes as may be
agreed to by the government of that country and the United States
Government.
(5) Reporting requirement.--The Administrator of the United
States Agency for International Development shall report on an
annual basis as part of the justification documents submitted to
the Committees on Appropriations on the use of local currencies for
the administrative requirements of the United States Government as
authorized in subsection (a)(2)(B), and such report shall include
the amount of local currency (and United States dollar equivalent)
used and/or to be used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government of a
foreign country, under chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country shall
be required to maintain such funds in a separate account and not
commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds may
be obligated and expended notwithstanding provisions of law which
are inconsistent with the nature of this assistance including
provisions which are referenced in the Joint Explanatory Statement
of the Committee of Conference accompanying House Joint Resolution
648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the President
shall submit a notification through the regular notification
procedures of the Committees on Appropriations, which shall include
a detailed description of how the funds proposed to be made
available will be used, with a discussion of the United States
interests that will be served by the assistance (including, as
appropriate, a description of the economic policy reforms that will
be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through the
notification procedures of the Committees on Appropriations.
enterprise fund restrictions

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from any liquidation, dissolution, or winding up of an Enterprise Fund,
in whole or in part, the President shall submit to the Committees on
Appropriations, in accordance with the regular notification procedures
of the Committees on Appropriations, a plan for the distribution of the
assets of the Enterprise Fund.
(b) Funds made available by this Act for Enterprise Funds shall be
expended at the minimum rate necessary to make timely payment for
projects and activities.
FINANCIAL MARKET ASSISTANCE IN TRANSITION COUNTRIES

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``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

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this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development Foundation
Act. The agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is prohibited.
impact on jobs in the united states

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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

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Victims of War, Displaced Children, and Displaced Burmese.--Funds
appropriated by this Act that are made available for assistance for
Afghanistan may be made available notwithstanding section 512 of this
Act or any similar provision of law and section 660 of the Foreign
Assistance Act of 1961, and funds appropriated in titles I and II of
this Act that are made available for Iraq, Lebanon, Montenegro,
Pakistan, and for victims of war, displaced children, and displaced
Burmese, and to assist victims of trafficking in persons and, subject
to the regular notification procedures of the Committees on
Appropriations, to combat such trafficking, may be made available
notwithstanding any other provision of law.
(b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections
103 through 106, and chapter 4 of part II, of the Foreign Assistance
Act of 1961 may be used, notwithstanding any other provision of law,
for the purpose of supporting tropical forestry and biodiversity
conservation activities and energy programs aimed at reducing
greenhouse gas emissions: Provided, That such assistance shall be
subject to sections 116, 502B, and 620A of the Foreign Assistance Act
of 1961.
(c) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Agricultural
Trade Development and Assistance Act of 1954, may be used by the United
States Agency for International Development to employ up to 25 personal
services contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities managed by the
agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 10 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds appropriated
to carry out title II of the Agricultural Trade Development and
Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of section
1003 of Public Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives and the
President pro tempore of the Senate that it is important to the
national security interests of the United States.
(2) Period of Application of Waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(e) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United
States Agency for International Development may provide an exception to
the fair opportunity process for placing task orders under such
contracts when the order is placed with any category of small or small
disadvantaged business.
(f) Vietnamese Refugees.--Section 594(a) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2005
(enacted as division D of Public Law 108-447; 118 Stat. 3038) is
amended by striking ``and 2005'' and inserting ``through 2007''.
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
(h) World Food Program.--Of the funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance of the United States
Agency for International Development, from this or any other Act, not
less than $10,000,000 shall be made available as a general contribution
to the World Food Program, notwithstanding any other provision of law.
(i) University Programs.--Notwithstanding any other provision of
law, of the funds appropriated under the heading ``Development
Assistance'' in this Act, up to $5,000,000 shall be made available to
American educational institutions for programs and activities in the
People's Republic of China relating to the environment, democracy, and
the rule of law: Provided, That funds made available pursuant to this
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.
(j) Extension of Authority.--
(1) With respect to funds appropriated by this Act that are
available for assistance for Pakistan, the President may waive the
prohibition on assistance contained in section 508 of this Act
subject to the requirements contained in section 1(b) of Public Law
107-57, as amended, for a determination and certification, and
consultation, by the President prior to the exercise of such waiver
authority.
(2) Section 512 of this Act and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply with respect to assistance
for Pakistan from funds appropriated by this Act.
(3) Notwithstanding the date contained in section 6 of Public
Law 107-57, as amended, the provisions of sections 2 and 4 of that
Act shall remain in effect through the current fiscal year.
(k) Middle East Foundation.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'' that are available for the
Middle East Partnership Initiative, up to $35,000,000 may be made
available, including as an endowment, notwithstanding any other
provision of law and following consultations with the Committees on
Appropriations, to establish and operate a Middle East Foundation, or
any other similar entity, whose purpose is to support democracy,
governance, human rights, and the rule of law in the Middle East
region: Provided, That such funds may be made available to the
Foundation only to the extent that the Foundation has commitments from
sources other than the United States Government to at least match the
funds provided under the authority of this subsection: Provided
further, That provisions contained in section 201 of the Support for
East European Democracy (SEED) Act of 1989 (excluding the
authorizations of appropriations provided in subsection (b) of that
section) shall be deemed to apply to any such foundation or similar
entity referred to under this subsection, and to funds made available
to such entity, in order to enable it to provide assistance for
purposes of this section: Provided further, That prior to the initial
obligation of funds for any such foundation or similar entity pursuant
to the authorities of this subsection, other than for administrative
support, the Secretary of State shall take steps to ensure, on an
ongoing basis, that any such funds made available pursuant to such
authorities are not provided to or through any individual or group that
the management of the foundation or similar entity knows or has reason
to believe, advocates, plans, sponsors, or otherwise engages in
terrorist activities: Provided further, That section 530 of this Act
shall apply to any such foundation or similar entity established
pursuant to this subsection: Provided further, That the authority of
the Foundation, or any similar entity, to provide assistance shall
cease to be effective on September 30, 2010.
(l) Extension of Authority.--(1) Section 21(h)(1)(A) of the Arms
Export Control Act (22 U.S.C. 2761(h)(1)(A)) is amended by inserting
after ``North Atlantic Treaty Organization'' the following: ``or the
Governments of Australia, New Zealand, Japan, or Israel''.
(2) Section 21(h)(2) of the Arms Export Control Act (22 U.S.C.
2761(h)(2)) is amended by striking ``or to any member government
that Organization if that Organization or member government'' and
inserting the following: ``, to any member of that Organization, or
to the Governments of Australia, New Zealand, Japan, or Israel if
that Organization, member government, or the Governments of
Australia, New Zealand, Japan, or Israel''.
(3) Section 541 of the Foreign Assistance Act of 1961 (22
U.S.C. 2347) is amended--
(A) in the first sentence, by striking ``The President''
and inserting ``(a) The President''; and
(B) by adding at the end the following new subsection:
``(b) The President shall seek reimbursement for military education
and training furnished under this chapter from countries using
assistance under section 23 of the Arms Export Control Act (22 U.S.C.
2763, relating to the Foreign Military Financing Program) to purchase
such military education and training at a rate comparable to the rate
charged to countries receiving grant assistance for military education
and training under this chapter.''.
(m) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2005'' and
inserting ``2005, and 2006''; and
(B) in subsection (e), by striking ``2005'' each place it
appears and inserting ``2006''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2),
by striking ``2005'' and inserting ``2006''.
arab league boycott of israel

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(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel, is
an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably reinstated
in 1997, should be immediately and publicly terminated, and the
Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue to
vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage Arab
League states to normalize their relations with Israel to bring
about the termination of the Arab League boycott of Israel,
including those to encourage allies and trading partners of the
United States to enact laws prohibiting businesses from complying
with the boycott and penalizing businesses that do comply.
eligibility for assistance

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Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading ``Assistance
for Eastern Europe and the Baltic States'': Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations under the regular notification
procedures of those committees, including a description of the program
to be assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained
in this or any other Act.
(b) Public Law 480.--During fiscal year 2006, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to the government of a country that violates internationally
recognized human rights.
reservations of funds

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may be reprogrammed for other programs within the same account
notwithstanding the earmark if compliance with the earmark is made
impossible by operation of any provision of this or any other Act:
Provided, That any such reprogramming shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to this
subsection shall be made available under the same terms and conditions
as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the United States Agency for International Development
that are earmarked for particular programs or activities by this or any
other Act shall be extended for an additional fiscal year if the
Administrator of such agency determines and reports promptly to the
Committees on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it unlikely that
such earmarked funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such earmark.
ceilings and earmarks

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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

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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

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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

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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

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available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government for
purposes of section 6(j) of the Export Administration Act of 1979. The
prohibition under this section with respect to a foreign government
shall terminate 12 months after that government ceases to provide such
military equipment. This section applies with respect to lethal
military equipment provided under a contract entered into after October
1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of
the United States.
(c) Whenever the waiver authority of subsection (b) is exercised,
the President shall submit to the appropriate congressional committees
a report with respect to the furnishing of such assistance. Any such
report shall include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States national
interests.
withholding of assistance for parking fines and real property taxes
owed by foreign countries

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by this Act that are made available for assistance for a foreign
country, an amount equal to 110 percent of the total amount of the
unpaid fully adjudicated parking fines and penalties and unpaid
property taxes owed by the central government of such country shall be
withheld from obligation for assistance for the central government of
such country until the Secretary of State submits a certification to
the appropriate congressional committees stating that such parking
fines and penalties and unpaid property taxes are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a) may
be made available for other programs or activities funded by this Act,
after consultation with and subject to the regular notification
procedures of the appropriate congressional committees, provided that
no such funds shall be made available for assistance for the central
government of a foreign country that has not paid the total amount of
the fully adjudicated parking fines and penalties and unpaid property
taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements set forth
in subsection (a) with respect to parking fines and penalties no sooner
than 60 days from the date of enactment of this Act, or at any time
with respect to a particular country, if the Secretary determines that
it is in the national interests of the United States to do so.
(2) The Secretary of State may waive the requirements set forth in
subsection (a) with respect to the unpaid property taxes if the
Secretary of State determines that it is in the national interests of
the United States to do so.
(e) Not later than 6 months after the initial exercise of the
waiver authority in subsection (d), the Secretary of State, after
consultations with the City of New York, shall submit a report to the
Committees on Appropriations describing a strategy, including a
timetable and steps currently being taken, to collect the parking fines
and penalties and unpaid property taxes and interest owed by nations
receiving foreign assistance under this Act.
(f) In this section:
(1) The term ``appropriate congressional committees'' means the
Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives.
(2) The term ``fully adjudicated'' includes circumstances in
which the person to whom the vehicle is registered--
(A)(i) has not responded to the parking violation summons;
or
(ii) has not followed the appropriate adjudication
procedure to challenge the summons; and
(B) the period of time for payment of or challenge to the
summons has lapsed.
(3) The term ``parking fines and penalties'' means parking
fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997, through
September 30, 2005.
(4) The term ``unpaid property taxes'' means the amount of
unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New York,
New York in a court order or judgment entered against such country
by a court of the United States or any State or subdivision
thereof.
limitation on assistance for the plo for the west bank and gaza

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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

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to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the President may direct a drawdown
pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up
to $30,000,000 of commodities and services for the United Nations War
Crimes Tribunal established with regard to the former Yugoslavia by the
United Nations Security Council or such other tribunals or commissions
as the Council may establish or authorize to deal with such violations,
without regard to the ceiling limitation contained in paragraph (2)
thereof: Provided, That the determination required under this section
shall be in lieu of any determinations otherwise required under section
552(c): Provided further, That the drawdown made under this section for
any tribunal shall not be construed as an endorsement or precedent for
the establishment of any standing or permanent international criminal
tribunal or court: Provided further, That funds made available for
tribunals other than Yugoslavia, Rwanda, or the Special Court for
Sierra Leone shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
landmines

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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

d84d329e9953fa052d2ec643ccaafd006748a46ac14aab1e1e10ea06d3c0af9c

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

5498f03d5bb58d9b8d08c226e4b0de361d3e9da42a39f0516ef3aa2a39b9ab74

available by this Act under the heading ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Child Survival
and Health Programs Fund'', ``Development Assistance'', and ``Economic
Support Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and musical
productions, and amusement parks.
Haiti

da0c1b809780d024f32a2a9ee59065474837738e5bb186edbaca867f46112047

amounts shall be made available for assistance for Haiti--
(1) $20,000,000 from ``Child Survival and Health Programs
Fund'';
(2) $30,000,000 from ``Development Assistance'';
(3) $50,000,000 from ``Economic Support Fund'';
(4) $15,000,000 from ``International Narcotics Control and Law
Enforcement'';
(5) $1,000,000 from ``Foreign Military Financing Program''; and
(6) $215,000 from ``International Military Education and
Training''.
(b) The Government of Haiti shall be eligible to purchase defense
articles and services under the Arms Export Control Act (22 U.S.C. 2751
et seq.), for the Coast Guard.
(c) None of the funds made available in this Act under the heading
``International Narcotics Control and Law Enforcement'' may be used to
transfer excess weapons, ammunition or other lethal property of an
agency of the United States Government to the Government of Haiti for
use by the Haitian National Police until the Secretary of State
certifies to the Committees on Appropriations that: (1) the United
Nations Mission in Haiti (MINUSTAH) has carried out the vetting of the
senior levels of the Haitian National Police and has ensured that those
credibly alleged to have committed serious crimes, including drug
trafficking and human rights violations, have been suspended; and (2)
the Transitional Haitian National Government is cooperating in a reform
and restructuring plan for the Haitian National Police and the reform
of the judicial system as called for in United Nations Security Council
Resolution 1608 adopted on June 22, 2005.
limitation on assistance to the palestinian authority

391d1388b1161264e68918d918e7eacdf923867ef38c387458f433de40e135c0

by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with
respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives and the President pro tempore of the Senate that
waiving such prohibition is important to the national security
interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the steps the Palestinian Authority has
taken to arrest terrorists, confiscate weapons and dismantle the
terrorist infrastructure. The report shall also include a description
of how funds will be spent and the accounting procedures in place to
ensure that they are properly disbursed.
limitation on assistance to security forces

a14054322469d444066c45e224720fb878ea3552601185c1febff6966a638b0a

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

9274f303fdd03f1965b68286d3d00db2a1c67833b962a6757a13a69882f2208c

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

a6dbdd8678e8011fa64e9c36d989faa03ab8372a370cbc067c05f355dc714192

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

8b2052a3ff45a27450c121d6506d8cb9fd220241e9d2d2a257bf931cd594857e

made available for assistance for the Central Government of Cambodia.
(2) Paragraph (1) shall not apply to assistance for basic
education, reproductive and maternal and child health, cultural and
historic preservation, programs for the prevention, treatment, and
control of, and research on, HIV/AIDS, tuberculosis, malaria, polio and
other infectious diseases, development and implementation of
legislation and implementation of procedures on inter-country adoptions
consistent with international standards, rule of law programs,
counternarcotics programs, programs to combat human trafficking that
are provided through nongovernmental organizations, anti-corruption
programs, and for the Ministry of Women and Veterans Affairs to combat
human trafficking.
(b) Notwithstanding any provision of this or any other Act, of the
funds appropriated by this Act under the heading ``Economic Support
Fund'', $15,000,000 shall be made available for activities to support
democracy, the rule of law, and human rights, including assistance for
democratic political parties in Cambodia.
(c) Funds appropriated by this Act to carry out provisions of
section 541 of the Foreign Assistance Act of 1961 may be made available
notwithstanding subsection (a).
palestinian statehood

5c74f165aa9b2bf5519cbb700f083df1baed2cad94c85d0aab5933c0d088790f

appropriated by this Act may be provided to support a Palestinian state
unless the Secretary of State determines and certifies to the
appropriate congressional committees that--
(1) a new leadership of a Palestinian governing entity has been
democratically elected through credible and competitive elections;
(2) the elected governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel;
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures;
(C) is establishing a new Palestinian security entity that
is cooperative with appropriate Israeli and other appropriate
security organizations; and
(3) the Palestinian Authority (or the governing body of a new
Palestinian state) is working with other countries in the region to
vigorously pursue efforts to establish a just, lasting, and
comprehensive peace in the Middle East that will enable Israel and
an independent Palestinian state to exist within the context of
full and normal relationships, which should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgement of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the establishment
of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the newly-
elected governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is vital to the national security interests of the
United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or a newly-elected governing entity, in order
to help meet the requirements of subsection (a), consistent with the
provisions of section 550 of this Act (``Limitation on Assistance to
the Palestinian Authority'').
colombia

7462a09c9620b80a85e1f187862df4201f5741219d983a221f5b6745ae1a3e0b

appropriated by this Act that are available for assistance for the
Colombian Armed Forces, may be made available as follows:
(1) Up to 75 percent of such funds may be obligated prior to a
determination and certification by the Secretary of State pursuant
to paragraph (2).
(2) Up to 12.5 percent of such funds may be obligated only
after the Secretary of State certifies and reports to the
appropriate congressional committees that:
(A) The Commander General of the Colombian Armed Forces is
suspending from the Armed Forces those members, of whatever
rank who, according to the Minister of Defense or the
Procuraduria General de la Nacion, have been credibly alleged
to have committed gross violations of human rights, including
extra-judicial killings, or to have aided or abetted
paramilitary organizations.
(B) The Colombian Government is vigorously investigating
and prosecuting those members of the Colombian Armed Forces, of
whatever rank, who have been credibly alleged to have committed
gross violations of human rights, including extra-judicial
killings, or to have aided or abetted paramilitary
organizations, and is promptly punishing those members of the
Colombian Armed Forces found to have committed such violations
of human rights or to have aided or abetted paramilitary
organizations.
(C) The Colombian Armed Forces have made substantial
progress in cooperating with civilian prosecutors and judicial
authorities in such cases (including providing requested
information, such as the identity of persons suspended from the
Armed Forces and the nature and cause of the suspension, and
access to witnesses, relevant military documents, and other
requested information).
(D) The Colombian Armed Forces have made substantial
progress in severing links (including denying access to
military intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or tacit
cooperation) at the command, battalion, and brigade levels,
with paramilitary organizations, especially in regions where
these organizations have a significant presence.
(E) The Colombian Government is dismantling paramilitary
leadership and financial networks by arresting commanders and
financial backers, especially in regions where these networks
have a significant presence.
(F) The Colombian Government is taking effective steps to
ensure that the Colombian Armed Forces are not violating the
land and property rights of Colombia's indigenous communities.
(3) The balance of such funds may be obligated after July 31,
2006, if the Secretary of State certifies and reports to the
appropriate congressional committees, after such date, that the
Colombian Armed Forces are continuing to meet the conditions
contained in paragraph (2) and are conducting vigorous operations
to restore government authority and respect for human rights in
areas under the effective control of paramilitary and guerrilla
organizations.
(b) Congressional Notification.--Funds made available by this Act
for the Colombian Armed Forces shall be subject to the regular
notification procedures of the Committees on Appropriations.
(c) Consultative Process.--Not later than 60 days after the date of
enactment of this Act, and every 90 days thereafter until September 30,
2007, the Secretary of State shall consult with internationally
recognized human rights organizations regarding progress in meeting the
conditions contained in subsection (a).
(d) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted'' means to
provide any support to paramilitary groups, including taking
actions which allow, facilitate, or otherwise foster the activities
of such groups.
(2) Paramilitary groups.--The term ``paramilitary groups''
means illegal self-defense groups and illegal security
cooperatives.
illegal armed groups

fff89b4c8c11807993050fc0069b85478eb7ae3eb6f9157ff9542cc5fd929a30

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

ef307d581146ff4072c74c7e872f19b51aa2ff3045fa841d3dd5ce5d95848163

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

4d0b65b50a6e428f574af8aa131b7f95414962e0d63958aa9202465aac0364fd

the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the appropriate
committees of Congress that procedures have been established to assure
the Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity. The
Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which he has determined to be involved in or advocating
terrorist activity.
(c) Prohibition.--None of the funds appropriated by this Act for
assistance under the West Bank and Gaza program may be made available
for the purpose of recognizing or otherwise honoring individuals who
commit, or have committed, acts of terrorism.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-Federal
audits of all contractors and grantees, and significant
subcontractors and subgrantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure, among
other things, compliance with this section.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for assistance
for the West Bank and Gaza, up to $1,000,000 may be used by the
Office of the Inspector General of the United States Agency for
International Development for audits, inspections, and other
activities in furtherance of the requirements of this subsection.
Such funds are in addition to funds otherwise available for such
purposes.
(e) Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an audit and
an investigation of the treatment, handling, and uses of all funds for
the bilateral West Bank and Gaza Program in fiscal year 2006 under the
heading ``Economic Support Fund''. The audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) Not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of chapter
2 of title II of Public Law 109-13.
contributions to united nations population fund

94d0de40735cdf3833b98ecf0becc40a7ae23976366b56edcfe7894e96672848

amounts made available under ``International Organizations and
Programs'' and ``Child Survival and Health Programs Fund'' for fiscal
year 2006, $34,000,000 shall be made available for the United Nations
Population Fund (hereafter in this section referred to as the
``UNFPA''): Provided, That of this amount, not less than $22,500,000
shall be derived from funds appropriated under the heading
``International Organizations and Programs''.
(b) Availability of Funds.--Funds appropriated under the heading
``International Organizations and Programs'' in this Act that are
available for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred to ``Child
Survival and Health Programs Fund'' and shall be made available for
family planning, maternal, and reproductive health activities, subject
to the regular notification procedures of the Committees on
Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available under ``International Organizations and Programs'' may be
made available for the UNFPA for a country program in the People's
Republic of China.
(d) Conditions on Availability of Funds.--Amounts made available
under ``International Organizations and Programs'' for fiscal year 2006
for the UNFPA may not be made available to UNFPA unless--
(1) the UNFPA maintains amounts made available to the UNFPA
under this section in an account separate from other accounts of
the UNFPA;
(2) the UNFPA does not commingle amounts made available to the
UNFPA under this section with other sums; and
(3) the UNFPA does not fund abortions.
war criminals

940b8a3cbf0181a9adff209dce1a6f2ea856abed6abdaeb2c96995f0d69caaf9

available pursuant to this Act may be made available for assistance,
and the Secretary of the Treasury shall instruct the United States
executive directors to the international financial institutions to vote
against any new project involving the extension by such institutions of
any financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as determined by
the Secretary of State, to take necessary and significant steps to
implement its international legal obligations to apprehend and transfer
to the International Criminal Tribunal for the former Yugoslavia (the
``Tribunal'') all persons in their territory who have been indicted by
the Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for
investigators to archives and witnesses, the provision of
documents, and the surrender and transfer of indictees or
assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an international
financial institution regarding the extension of any new project
involving financial or technical assistance or grants to any country or
entity described in subsection (a), the Secretary of the Treasury, in
consultation with the Secretary of State, shall provide to the
Committees on Appropriations a written justification for the proposed
assistance, including an explanation of the United States position
regarding any such vote, as well as a description of the location of
the proposed assistance by municipality, its purpose, and its intended
beneficiaries.
(d) In carrying out this section, the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult with
representatives of human rights organizations and all government
agencies with relevant information to help prevent indicted war
criminals from benefiting from any financial or technical assistance or
grants provided to any country or entity described in subsection (a).
(e) The Secretary of State may waive the application of subsection
(a) with respect to projects within a country, entity, or municipality
upon a written determination to the Committees on Appropriations that
such assistance directly supports the implementation of the Dayton
Accords.
(f) Definitions.--As used in this section:
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation of
Bosnia and Herzegovina, Kosovo, Montenegro and the Republika
Srpska.
(3) Municipality.--The term ``municipality'' means a city, town
or other subdivision within a country or entity as defined herein.
(4) Dayton accords.--The term ``Dayton Accords'' means the
General Framework Agreement for Peace in Bosnia and Herzegovina,
together with annexes relating thereto, done at Dayton, November 10
through 16, 1995.
user fees

4742e1764af66142163f62abb996c107ae67eb528692d2f14c8a4dafe6d52b69

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

f438067fe77dbd577e742ab1cca5d00945a9d62f6ae13f2b99e79262d6eca37f

for assistance for the central Government of Serbia after May 31, 2006,
if the President has made the determination and certification contained
in subsection (c).
(b) After May 31, 2006, the Secretary of the Treasury should
instruct the United States executive directors to the international
financial institutions to support loans and assistance to the
Government of Serbia and Montenegro subject to the conditions in
subsection (c): Provided, That section 576 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997, as
amended, shall not apply to the provision of loans and assistance to
the Government of Serbia and Montenegro through international financial
institutions.
(c) The determination and certification referred to in subsection
(a) is a determination by the President and a certification to the
Committees on Appropriations that the Government of Serbia and
Montenegro is--
(1) cooperating with the International Criminal Tribunal for
the former Yugoslavia including access for investigators, the
provision of documents, and the surrender and transfer of indictees
or assistance in their apprehension, including Ratko Mladic and
Radovan Karadzic, unless the Secretary of State determines and
reports to the Committees on Appropriations that these individuals
are no longer residing in Serbia;
(2) taking steps that are consistent with the Dayton Accords to
end Serbian financial, political, security and other support which
has served to maintain separate Republika Srpska institutions; and
(3) taking steps to implement policies which reflect a respect
for minority rights and the rule of law.
(d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy.
community-based police assistance

9d6396b87e7db2bf7ae3a97245b4f39aa989619e713fb531246ffaa73d22dd6a

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

06c0ddbdf10f32efe3ced0bb9732dfb57f4c948d3dfe4003e3c77667c3d02ee3

amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the Foreign
Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms Export
Control Act; or
(3) any obligation or portion of such obligation, to pay for
purchases of United States agricultural commodities guaranteed by
the Commodity Credit Corporation under export credit guarantee
programs authorized pursuant to section 5(f) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as amended,
section 4(b) of the Food for Peace Act of 1966, as amended (Public
Law 89-808), or section 202 of the Agricultural Trade Act of 1978,
as amended (Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be exercised
only to implement multilateral official debt relief and referendum
agreements, commonly referred to as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be exercised
only in such amounts or to such extent as is provided in advance by
appropriations Acts.
(3) The authority provided by subsection (a) may be exercised
only with respect to countries with heavy debt burdens that are
eligible to borrow from the International Development Association,
but not from the International Bank for Reconstruction and
Development, commonly referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does not
engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the application
of section 527 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to the funds appropriated by this Act
under the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance for the
purposes of any provision of law limiting assistance to a country. The
authority provided by subsection (a) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961 or section 321 of
the International Development and Food Assistance Act of 1975.
Authority to Engage in Debt Buybacks or Sales

4d354c04f49f90b78ce70e4223b62117419fe6943f9fc5301ba5b521bb42c691

Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may, in
accordance with this section, sell to any eligible purchaser any
concessional loan or portion thereof made before January 1, 1995,
pursuant to the Foreign Assistance Act of 1961, to the government
of any eligible country as defined in section 702(6) of that Act or
on receipt of payment from an eligible purchaser, reduce or cancel
such loan or portion thereof, only for the purpose of
facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an additional
amount of the local currency of the eligible country, equal to
not less than 40 percent of the price paid for such debt by
such eligible country, or the difference between the price paid
for such debt and the face value of such debt, to support
activities that link conservation and sustainable use of
natural resources with local community development, and child
survival and other child development, in a manner consistent
with sections 707 through 710 of the Foreign Assistance Act of
1961, if the sale, reduction, or cancellation would not
contravene any term or condition of any prior agreement
relating to such loan.
(2) Terms and conditions.--Notwithstanding any other provision
of law, the President shall, in accordance with this section,
establish the terms and conditions under which loans may be sold,
reduced, or canceled pursuant to this section.
(3) Administration.--The Facility, as defined in section 702(8)
of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for administering
part I of the Foreign Assistance Act of 1961 of purchasers that the
President has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or cancellation of a loan
pursuant to this section. Such agency shall make adjustment in its
accounts to reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall be
available only to the extent that appropriations for the cost of
the modification, as defined in section 502 of the Congressional
Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President should consult
with the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act
under the heading ``Debt Restructuring''.
Basic Education

5a279b88af550b51c1ac0649d997f375a2c597adecd45a73f17c02e594ec0fab

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

11e54b2af3159757c12dd9c0e80bc75b06873a33a1ec0d796a23e837d0cb934b

Support Fund'', not less than $15,000,000 should be made available to
support reconciliation programs and activities which bring together
individuals of different ethnic, religious, and political backgrounds
from areas of civil conflict and war.
SUDAN

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under the heading ``Development Assistance'' up to $70,000,000 may be
made available for assistance for Sudan, of which not to exceed
$6,000,000 may be made available for administrative expenses of the
United States Agency for International Development associated with
assistance programs for Sudan.
(b) Limitation on Assistance.--Subject to subsection (c):
(1) Notwithstanding section 501(a) of the International Malaria
Control Act of 2000 (Public Law 106-570) or any other provision of
law, none of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost of
selling, reducing, or canceling amounts owed to the United States,
and modifying concessional loans, guarantees, and credit
agreements.
(c) Subsection (b) shall not apply if the Secretary of State
determines and certifies to the Committees on Appropriations that--
(1) the Government of Sudan has taken significant steps to
disarm and disband government-supported militia groups in the
Darfur region;
(2) the Government of Sudan and all government-supported
militia groups are honoring their commitments made in the cease-
fire agreement of April 8, 2004; and
(3) the Government of Sudan is allowing unimpeded access to
Darfur to humanitarian aid organizations, the human rights
investigation and humanitarian teams of the United Nations,
including protection officers, and an international monitoring team
that is based in Darfur and that has the support of the United
States.
(d) Exceptions.--The provisions of subsection (b) shall not apply
to--
(1) humanitarian assistance;
(2) assistance for Darfur and for areas outside the control of
the Government of Sudan; and
(3) assistance to support implementation of the Comprehensive
Peace Agreement.
(e) Definitions.--For the purposes of this Act and section 501 of
Public Law 106-570, the terms ``Government of Sudan'', ``areas outside
of control of the Government of Sudan'', and ``area in Sudan outside of
control of the Government of Sudan'' shall have the same meaning and
application as was the case immediately prior to June 5, 2004, and,
Southern Kordofan/Nuba Mountains State, Blue Nile State and Abyei shall
be deemed ``areas outside of control of the Government of Sudan''.
trade capacity building

166ae4c944eac02da29e52582ac5e26abbb499756fd31e9a1804a3423c13a2bb

``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

25f93c9427732db8887f54bf74ff3db08e6555935139a7f50acd121d8f6be1f4

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

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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

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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

3e16d3b621401d4293cfc8e1b506ed953c249183c252e738e762c5bf8909a4e4

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

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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

303851f1d4b38d4b62687a25700e312ca4d286955655cb9143b3236c35f69ff7

headings ``Child Survival and Health Programs Fund'' and ``Development
Assistance'', not less than the amount of funds initially allocated
pursuant to section 653(a) of the Foreign Assistance Act of 1961 for
fiscal year 2005 should be made available for El Salvador, Guatemala,
Nicaragua and Honduras.
(b) In addition to the amounts requested under the heading
``Economic Support Fund'' for assistance for Nicaragua and Guatemala in
fiscal year 2006, not less than $1,500,000 should be made available for
electoral assistance, media and civil society programs, and activities
to combat corruption and strengthen democracy in Nicaragua, and not
less than $1,500,000 should be made available for programs and
activities to combat organized crime, crimes of violence specifically
targeting women, and corruption in Guatemala.
(c) Funds made available pursuant to subsection (b) shall be
subject to prior consultation with the Committees on Appropriations.
united states agency for international development management
(including transfer of funds)

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available in this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961, including funds appropriated under the
heading ``Assistance for Eastern Europe and the Baltic States'', may be
used by the United States Agency for International Development (USAID)
to hire and employ individuals in the United States and overseas on a
limited appointment basis pursuant to the authority of sections 308 and
309 of the Foreign Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year pursuant
to the authority contained in subsection (a) may not exceed 175.
(2) The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2008.
(c) Conditions.--The authority of subsection (a) may only be used
to the extent that an equivalent number of positions that are filled by
personal services contractors or other nondirect-hire employees of
USAID, who are compensated with funds appropriated to carry out part I
of the Foreign Assistance Act of 1961, including funds appropriated
under the heading ``Assistance for Eastern Europe and the Baltic
States'', are eliminated.
(d) Priority Sectors.--In exercising the authority of this section,
primary emphasis shall be placed on enabling USAID to meet personnel
positions in technical skill areas currently encumbered by contractor
or other nondirect-hire personnel.
(e) Consultations.--The USAID Administrator shall consult with the
Committees on Appropriations at least on a quarterly basis concerning
the implementation of this section.
(f) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which such individual's responsibilities
primarily relate. Funds made available to carry out this section may be
transferred to and merged and consolidated with funds appropriated for
``Operating Expenses of the United States Agency for International
Development''.
(g) Management Reform Pilot.--Of the funds made available in
subsection (a), USAID may use, in addition to funds otherwise available
for such purposes, up to $10,000,000 to fund overseas support costs of
members of the Foreign Service with a Foreign Service rank of four or
below: Provided, That such authority is only used to reduce USAID's
reliance on overseas personal services contractors or other nondirect-
hire employees compensated with funds appropriated to carry out part I
of the Foreign Assistance Act of 1961, including funds appropriated
under the heading ``Assistance for Eastern Europe and the Baltic
States''.
(h) Disaster Surge Capacity.--Funds appropriated by this Act to
carry out part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe and the
Baltic States'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs) of
individuals detailed to or employed by the United States Agency for
International Development whose primary responsibility is to carry out
programs in response to natural disasters.
hipc debt reduction

dd96da44fa2ca1cd608d190163ac5915c6c16b6267e97b85b1febf02791ee299

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)

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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

dc98dab2e2542c0dd94f9bd13a0190d48311e5e76839bae5af0c807ade0a41f3

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

a29a912073b3bfe5a77a8fcc103b811cef74c5f83c73ab7802cf84268cc0905f

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

69fe50af14731d51ec6fb417fe370c5d7a1aadadc127dbb2682b02bd5c4a2bb2

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

ae7ec37159f17156f8ba884740dba4b7f6325d2cbf235b6577a6c5a89a7837ad

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

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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

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``Development Assistance'', not less than $165,500,000 shall be made
available for programs and activities which directly protect
biodiversity, including forests, in developing countries, of which not
less than $10,000,000 should be made available to implement the United
States Agency for International Development's biodiversity conservation
strategy for the Amazon basin, which amount shall be in addition to the
amounts requested for biodiversity activities in these countries in
fiscal year 2006: Provided, That of the funds appropriated by this Act,
not less than $17,500,000 should be made available for the Congo Basin
Forest Partnership of which not less than $2,500,000 should be made
available to the United States Fish and Wildlife Service for the
protection of great apes in Central Africa: Provided further, That of
the funds appropriated by this Act, not less than $180,000,000 shall be
made available to support clean energy and other climate change
policies and programs in developing countries, of which $100,000,000
should be made available to directly promote and deploy energy
conservation, energy efficiency, and renewable and clean energy
technologies, and of which the balance should be made available to
directly: (1) measure, monitor, and reduce greenhouse gas emissions;
(2) increase carbon sequestration activities; and (3) enhance climate
change mitigation and adaptation programs.
(b) Climate Change Report.--Not later than 60 days after the date
on which the President's fiscal year 2007 budget request is submitted
to Congress, the President shall submit a report to the Committees on
Appropriations describing in detail the following--
(1) all Federal agency obligations and expenditures, domestic
and international, for climate change programs and activities in
fiscal year 2006, including an accounting of expenditures by agency
with each agency identifying climate change activities and
associated costs by line item as presented in the President's
Budget Appendix; and
(2) all fiscal year 2005 obligations and estimated
expenditures, fiscal year 2006 estimated expenditures and estimated
obligations, and fiscal year 2007 requested funds by the United
States Agency for International Development, by country and central
program, for each of the following: (i) to promote the transfer and
deployment of a wide range of United States clean energy and energy
efficiency technologies; (ii) to assist in the measurement,
monitoring, reporting, verification, and reduction of greenhouse
gas emissions; (iii) to promote carbon capture and sequestration
measures; (iv) to help meet such countries' responsibilities under
the Framework Convention on Climate Change; and (v) to develop
assessments of the vulnerability to impacts of climate change and
mitigation and adaptation response strategies.
(c) Extraction of Natural Resources.--
(1) The Secretary of the Treasury shall inform the managements
of the international financial institutions and the public that it
is the policy of the United States that any assistance by such
institutions (including but not limited to any loan, credit, grant,
or guarantee) for the extraction and export of oil, gas, coal,
timber, or other natural resource should not be provided unless the
government of the country has in place or is taking the necessary
steps to establish functioning systems for: (A) accurately
accounting for revenues and expenditures in connection with the
extraction and export of the type of natural resource to be
extracted or exported; (B) the independent auditing of such
accounts and the widespread public dissemination of the audits; and
(C) verifying government receipts against company payments
including widespread dissemination of such payment information, and
disclosing such documents as Host Government Agreements, Concession
Agreements, and bidding documents, allowing in any such
dissemination or disclosure for the redaction of, or exceptions
for, information that is commercially proprietary or that would
create competitive disadvantage.
(2) Not later than 180 days after the enactment of this Act,
the Secretary of the Treasury shall submit a report to the
Committees on Appropriations describing, for each international
financial institution, the amount and type of assistance provided,
by country, for the extraction and export of oil, gas, coal,
timber, or other national resource since September 30, 2005.
uzbekistan

632fd6825f5f43434b2e23054dd6910d05dfb2cfaac7e019f1b31a6c8f91849c

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

99df9da35af68bb7691c223dab51c9ffec5748583d7c370b9c6bb446df129529

for assistance for the Government of Kazakhstan only if the Secretary
of State determines and reports to the Committees on Appropriations
that the Government of Kazakhstan has made significant improvements in
the protection of human rights during the preceding 6 month period.
(b) The Secretary of State may waive subsection (a) if he
determines and reports to the Committees on Appropriations that such a
waiver is important to the national security of the United States.
(c) Not later than October 1, 2006, the Secretary of State shall
submit a report to the Committees on Appropriations and the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 6-month period ending 30 days prior to
submission of such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided by the United States by
units of the armed forces, border guards, or other security forces
of such countries.
(d) Prior to the initial obligation of assistance for the
Government of Kyrgyzstan, the Secretary of State shall submit a report
to the Committees on Appropriations describing: (1) whether the
Government of Kyrgyzstan is forcibly returning Uzbeks who have fled
violence and political persecution, in violation of the 1951 Geneva
Convention relating to the status of refugees, and the Convention
Against Torture and Other Forms of Cruel, Inhuman, or Degrading
Treatment; (2) efforts made by the United States to prevent such
returns; and (3) the response of the Government of Kyrgyzstan.
(e) For purposes of this section, the term ``countries of Central
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and
Turkmenistan.
disability programs

961fd46b317b0d9457f1b39b97552e2df652ddc3a79010b9342a603aa3c41fd4

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

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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

9140424656129e87995418e7ed877302b40e6d6f2fbe8339af885a21e81899e4

the International Criminal Tribunal for Rwanda (ICTR) and the Special
Court for Sierra Leone (SCSL) to bring to justice individuals
responsible for war crimes and crimes against humanity in a timely
manner.
(b) Funds appropriated by this Act, including funds for debt
restructuring, may be made available for assistance to the central
government of a country in which individuals indicted by ICTR and SCSL
are credibly alleged to be living, if the Secretary of State determines
and reports to the Committees on Appropriations that such government is
cooperating with ICTR and SCSL, including the surrender and transfer of
indictees in a timely manner: Provided, That this subsection shall not
apply to assistance provided under section 551 of the Foreign
Assistance Act of 1961 or to project assistance under title II of this
Act: Provided further, That the United States shall use its voice and
vote in the United Nations Security Council to fully support efforts by
ICTR and SCSL to bring to justice individuals indicted by such
tribunals in a timely manner.
(c) The prohibition in subsection (b) may be waived on a country by
country basis if the President determines that doing so is in the
national security interest of the United States: Provided, That prior
to exercising such waiver authority, the President shall submit a
report to the Committees on Appropriations, in classified form if
necessary, on: (1) the steps being taken to obtain the cooperation of
the government in surrendering the indictee in question to the court of
jurisdiction; (2) a strategy, including a timeline, for bringing the
indictee before such court; and (3) the justification for exercising
the waiver authority.
(d) Notwithstanding subsections (b) and (c), assistance may be made
available for the central Government of Nigeria after 120 days
following enactment of this Act only if the President submits a report
to the Committees on Appropriations, in classified form if necessary,
on: (1) the steps taken in fiscal years 2003, 2004 and 2005 to obtain
the cooperation of the Government of Nigeria in surrendering Charles
Taylor to the SCSL; and (2) a strategy, including a timeline, for
bringing Charles Taylor before the SCSL.
SECURITY IN ASIA

af9a3ba3cf92d663edf5f93c1edbd156d356eb9ad3c56ebb5b3d7aaa554a8d34

Military Financing Program'', not less than the following amounts shall
be made available to enhance security in Asia, consistent with
democratic principles and the rule of law--
(1) $30,000,000 for assistance for the Philippines;
(2) $1,000,000 for assistance for Indonesia;
(3) $1,000,000 for assistance for Bangladesh;
(4) $3,000,000 for assistance for Mongolia;
(5) $1,500,000 for assistance for Thailand;
(6) $1,000,000 for assistance for Sri Lanka;
(7) $1,000,000 for assistance for Cambodia;
(8) $500,000 for assistance for Fiji; and
(9) $250,000 for assistance for Tonga.
(b) In addition to amounts appropriated elsewhere in this Act,
$10,000,000 is hereby appropriated for ``Foreign Military Financing
Program'': Provided, That these funds shall be available only to assist
the Philippines in addressing the critical deficiencies identified in
the Joint Defense Assessment of 2003.
(c) Funds made available for assistance for Indonesia pursuant to
subsection (a) may only be made available for the Indonesian Navy,
notwithstanding section 599F of this Act: Provided, That such funds
shall only be made available subject to the regular notification
procedures of the Committees on Appropriations.
(d) Funds made available for assistance for Cambodia pursuant to
subsection (a) shall be made available notwithstanding section 554 of
this Act: Provided, That such funds shall only be made available
subject to the regular notification procedures of the Committees on
Appropriations.
nepal

ce07bc3b6cf1f220d83dfb7fbccf8584ba21c0d11575bc12ef3c0d5a8ed50ceb

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

3e7287331e8c7a8bcae5cc732f519c221ee7945ad20c74c6d2836e7fc8e2b46b

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

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less than $3,000,000 should be made available for activities to improve
the capacity of foreign government agencies and nongovernmental
organizations to prevent child abandonment, address the needs of
orphans, displaced and abandoned children and provide permanent homes
through family reunification, guardianship and domestic adoptions:
Provided, That funds made available under title II of this Act should
be made available, as appropriate, consistent with--
(1) the goal of enabling children to remain in the care of
their family of origin, but when not possible, placing children in
permanent homes through adoption;
(2) the principle that such placements should be based on
informed consent which has not been induced by payment or
compensation;
(3) the view that long-term foster care or institutionalization
are not permanent options and should be used when no other suitable
permanent options are available; and
(4) the recognition that programs that protect and support
families can reduce the abandonment and exploitation of children.
ADVISOR FOR INDIGENOUS PEOPLES ISSUES

3edd93f6768f3ede18b615a02d4da54220575672abd02558b14a0d2a59e2bd88

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

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shall be made available for programs and countries in the amounts
contained in the respective tables included in the report accompanying
this Act:
``Child Survival and Health Programs Fund''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic States''.
``Assistance for the Independent States of the Former Soviet
Union''.
``Global HIV/AIDS Initiative''.
``Democracy Fund''.
``International Narcotics Control and Law Enforcement''.
``Andean Counterdrug Initiative''.
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs''.
``Foreign Military Financing Program''.
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts contained in
such tables in the accompanying report shall be subject to the regular
notification procedures of the Committees on Appropriations and section
634A of the Foreign Assistance Act of 1961.
combatting piracy of united states copyrighted materials

41d0ad67b40406b27447f233463fc5221576e4c6d10699693ea0b40e07419828

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

164fcfe200c4e5e975231f4bc0c4f8eb9173fff6f9117d2f5ce31d5208e39638

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

1f98cb76dd34a7058b1a9aa0f93eee336e32ce11c900e1a76c5a2c0de42b586e

Supplemental Appropriations Act for Defense and for the Reconstruction
of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1234; 5
U.S.C. App. 3 section 8G note), as amended by section 1203(j) of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 2081), is amended by striking
``obligated'' and inserting ``expended''.
NONPROLIFERATION AND COUNTERPROLIFERATION EFFORTS
Sec. 599A. Funds appropriated under title II under the heading
``Nonproliferation, Anti-Terrorism, Demining and Related Programs'' may
be made available to the Under Secretary of State for Arms Control and
International Security for use in certain nonproliferation efforts and
counterproliferation efforts such as increased voluntary dues to the
International Atomic Energy Agency and Proliferation Security
Initiative activities.
PROMOTION OF POLICY GOALS AT MULTILATERAL DEVELOPMENT BANKS
Sec. 599B. Title XV of the International Financial Institutions Act
(22 U.S.C. 262o et seq.) is amended by adding at the end the following:
``SEC. 1505. PROMOTION OF POLICY GOALS.
``(a) The Secretary of the Treasury shall instruct the United
States Executive Director at each multilateral development bank to
inform each such bank and the executive directors of each such bank of
the policy of the United States as set out in this section and to
actively promote this policy and the goals set forth in section 1504 of
this Act. It is the policy of the United States that each bank should--
``(1) require the bank's employees, officers and consultants to
make an annual disclosure of their financial interests and income
and of any other potential source of conflict of interest;
``(2) link project and program design and results to management
and staff performance appraisals, salaries, and bonuses;
``(3) implement voluntary disclosure programs for firms and
individuals participating in projects financed by such bank;
``(4) ensure that all loan, credit, guarantee, and grant
documents and other agreements with borrowers include provisions
for the financial resources and conditionality necessary to ensure
that a person or country that obtains financial support from a bank
complies with applicable bank policies and national and
international laws in carrying out the terms and conditions of such
documents and agreements, including bank policies and national and
international laws pertaining to the comprehensive assessment and
transparency of the activities related to access to information,
public health, safety, and environmental protection;
``(5) implement clear anti-corruption procedures setting forth
the circumstances under which a person will be barred from
receiving a loan, contract, grant, guarantee or credit from such
bank, make such procedures available to the public, and make the
identity of such person available to the public;
``(6) coordinate policies across multilateral development banks
on issues including debarment, cross-debarment, procurement
guidelines, consultant guidelines, and fiduciary standards so that
a person that is debarred by one such bank is subject to a
rebuttable presumption of ineligibility to conduct business with
any other such bank during the specific ineligibility period;
``(7) require each bank borrower and grantee and each bidder,
supplier and contractor for MDB projects to comply with the highest
standard of ethics prohibiting coercive, collusive, corrupt and
fraudulent practices, such as are defined in the World Bank's
Procurement Guidelines of May, 2004;
``(8) maintain a functionally independent Investigations
Office, Auditor General Office and Evaluation Office that are free
from interference in determining the scope of investigations
(including forensic audits), internal auditing (including
assessments of management controls for meeting operational
objectives and complying with bank policies), performing work and
communicating results, and that regularly report to such bank's
board of directors and, as appropriate and in a manner consistent
with such functional independence of the Investigations Office and
the Auditor General Office, to the bank's President;
``(9) require that each candidate for adjustment or budget
support loans demonstrate transparent budgetary and procurement
processes including budget publication and public scrutiny prior to
loan or grant approval;
``(10) require that for each project where compensation is to
be provided to persons adversely affected by the project, such
persons have recourse to an impartial and responsive mechanism to
receive and resolve complaints. The mechanism should be easily
accessible to all segments of the affected community without
impeding access to other judicial or administrative remedies and
without retribution;
``(11) implement best practices in domestic laws and
international conventions against corruption for whistleblower and
witness disclosures and protections against retaliation for
internal and lawful public disclosures by the bank's employees and
others affected by such bank's operations who challenge illegality
or other misconduct that could threaten the bank's mission,
including: (1) best practices for legal burdens of proof; (2)
access to independent adjudicative bodies, including external
arbitration based on consensus selection and shared costs; and (3)
results that eliminate the effects of proven retaliation; and
``(12) require, to the maximum extent possible, that all draft
country strategies are issued for public consideration no less than
45 days before the country strategy is considered by the
multilateral development bank board of directors.
``(b) The Secretary of the Treasury shall, beginning thirty days
after the enactment of this Act and within sixty calendar days of the
meeting of the respective bank's Board of Directors at which such
decisions are made, publish on the Department of the Treasury website a
statement or explanation of the United States position on decisions
related to: (1) operational policies; and (2) any proposal which would
result or be likely to result in a significant effect on the
environment.
``(c) In this section the term `multilateral development bank' has
the meaning given that term in section 1307 of the International
Financial Institutions Act (22 U.S.C. 262m-7) and also includes the
European Bank for Reconstruction and Development and the Global
Environment Facility.''.
AUTHORIZATIONS
Sec. 599C. (a) To authorize the United States participation in and
appropriations for the United States contribution to the fourteenth
replenishment of the resources of the International Development
Association, the International Development Association Act, Public Law
86-565, as amended (22 U.S.C. 284 et seq.), is further amended by
adding at the end thereof the following new section:
``SEC. 23. FOURTEENTH REPLENISHMENT.
``(a) The United States Governor of the International Development
Association is authorized to contribute on behalf of the United States
$2,850,000,000 to the fourteenth replenishment of the resources of the
Association, subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $2,850,000,000 for payment by the Secretary of
the Treasury.''.
(b) To authorize the United States participation in and
appropriations for the United States contribution to the tenth
replenishment of the resources of the African Development Fund, the
African Development Fund Act, Public Law 94-302, as amended (22 U.S.C.
290g et seq.), is further amended by adding at the end thereof the
following new section:
``SEC. 218. TENTH REPLENISHMENT.
``(a) The United States Governor of the Fund is authorized to
contribute on behalf of the United States $407,000,000 to the tenth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $407,000,000 for payment by the Secretary of
the Treasury.''.
(c) To authorize the United States participation in and
appropriations for the United States contribution to the eighth
replenishment of the resources of the Asian Development Fund, the Asian
Development Fund Act, Public Law 92-245, as amended (22 U.S.C. 285 et
seq.), is further amended by adding at the end thereof the following
new section:
``SEC. 32. EIGHTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized to
contribute on behalf of the United States $461,000,000 to the eighth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $461,000,000 for payment by the Secretary of
the Treasury.''.
ANTICORRUPTION PROVISIONS
Sec. 599D. Twenty percent of the funds appropriated by this Act
under the heading ``International Development Association'', shall be
withheld from disbursement until the Secretary of the Treasury
certifies to the appropriate congressional committees that--
(1) World Bank procurement guidelines are applied to all
procurement financed in whole or in part by a loan from the
International Bank for Reconstruction and Development (IBRD) or a
credit agreement or grant from the International Development
Association (IDA);
(2) the World Bank proposal ``Increasing the Use of Country
Systems in Procurement'' dated March 2005 has been withdrawn;
(3) the World Bank is maintaining a strong central procurement
office staffed with senior experts who are designated to address
commercial concerns, questions, and complaints regarding
procurement procedures and payments under IDA and IBRD projects;
(4) thresholds for international competitive bidding are
established to maximize international competitive bidding in
accordance with sound procurement practices, including
transparency, competition, and cost-effective results for the
Borrowers;
(5) all tenders under the World Bank's national competitive
bidding provisions are subject to the same advertisement
requirements as tenders under international competitive bidding;
and
(6) loan agreements are made public between the World Bank and
the Borrowers.
assistance for demobilization and disarmament of former irregular
combatants in colombia
Sec. 599E. (a) Availability of Funds.--Of the funds appropriated in
this Act, up to $20,000,000 may be made available in fiscal year 2006
for assistance for the demobilization and disarmament of former members
of foreign terrorist organizations (FTOs) in Colombia, specifically the
United Self-Defense Forces of Colombia (AUC), the Revolutionary Armed
Forces of Colombia (FARC) and the National Liberation Army (ELN), if
the Secretary of State makes a certification described in subsection
(b) to the appropriate congressional committees prior to the initial
obligation of amounts for such assistance for the fiscal year involved.
(b) Certification.--A certification described in this subsection is
a certification that--
(1) assistance for the fiscal year will be provided only for
individuals who have: (A) verifiably renounced and terminated any
affiliation or involvement with FTOs or other illegal armed groups;
and (B) are meeting all the requirements of the Colombia
Demobilization Program, including having disclosed their
involvement in past crimes and their knowledge of the FTO's
structure, financing sources, illegal assets, and the location of
kidnapping victims and bodies of the disappeared;
(2) the Government of Colombia is providing full cooperation to
the Government of the United States to extradite the leaders and
members of the FTOs who have been indicted in the United States for
murder, kidnapping, narcotics trafficking, and other violations of
United States law;
(3) the Government of Colombia is implementing a concrete and
workable framework for dismantling the organizational structures of
foreign terrorist organizations; and
(4) funds shall not be made available as cash payments to
individuals and are available only for activities under the
following categories: verification, reintegration (including
training and education), vetting, recovery of assets for
reparations for victims, and investigations and prosecutions.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations and the Committee on
International Relations of the House of Representatives; and
(B) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act.
INDONESIA
Sec. 599F. (a) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made available for
assistance for Indonesia, and licenses may be issued for the export of
lethal defense articles for the Indonesian Armed Forces, only if the
Secretary of State certifies to the appropriate congressional
committees that--
(1) the Indonesian Government is prosecuting and punishing, in
a manner proportional to the crime, members of the Armed Forces who
have been credibly alleged to have committed gross violations of
human rights;
(2) at the direction of the President of Indonesia, the Armed
Forces are cooperating with civilian judicial authorities and with
international efforts to resolve cases of gross violations of human
rights in East Timor and elsewhere; and
(3) at the direction of the President of Indonesia, the
Government of Indonesia is implementing reforms to improve civilian
control of the military.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on Appropriations
that to do so is in the national security interests of the United
States.
REPORT ON INDONESIAN COOPERATION
Sec. 599G. Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations that describes--
(1) the status of the investigation of the murders of two
United States citizens and one Indonesian citizen that occurred on
August 31, 2002 in Timika, Indonesia, the status of any individuals
indicted within the United States or Indonesia for crimes relating
to those murders, and the status of judicial proceedings relating
to those murders;
(2) the efforts by the Government of Indonesia to arrest
individuals indicted for crimes relating to those murders and any
other actions taken by the Government of Indonesia, including the
Indonesian judiciary, police and Armed Forces, to bring the
individuals responsible for those murders to justice; and
(3) the cooperation provided by the Government of Indonesia,
including the Indonesian judiciary, police and Armed Forces, to
requests related to those murders made by the Secretary of State or
the Director of the Federal Bureau of Investigation.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

d8704c74632c4d9ccca6bbb912827f2bcd60b901bf9465fdf64c53bd28e87ba6

Appropriations bill FY2006, Foreign Operations — HR. 3057

Other Sections

TITLE V

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