[House Report 109-265]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-265
======================================================================
MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, AND
RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006, AND FOR
OTHER PURPOSES
_______
November 2, 2005.--Ordered to be printed
_______
Mr. Kolbe, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 3057]
The committee of conference on the disagreeing votes of
the two Houses on the amendments of the Senate to the bill
(H.R. 3057) ``making appropriations for foreign operations,
export financing, and related programs for the fiscal year
ending September 30, 2006, and for other purposes'', having
met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendments of the Senate to the text, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2006, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $1,000,000, to remain available until
September 30, 2007.
EXPORT-IMPORT BANK PROGRAM ACCOUNT
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out the program for the current fiscal
year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other
than a nuclear-weapon state as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligible to
receive economic or military assistance under this Act, that
has detonated a nuclear explosive after the date of the
enactment of this Act: Provided further, That notwithstanding
section 1(c) of Public Law 103-428, as amended, sections 1(a)
and (b) of Public Law 103-428 shall remain in effect through
October 1, 2006.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, $100,000,000, to remain
available until September 30, 2009: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall remain available until
September 30, 2024, for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal
years 2006, 2007, 2008, and 2009: Provided further, That none
of the funds appropriated by this Act or any prior Act
appropriating funds for foreign operations, export financing,
and related programs for tied-aid credits or grants may be used
for any other purpose except through the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Import
Bank Act of 1945, in connection with the purchase or lease of
any product by any Eastern European country, any Baltic State
or any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors,
$73,200,000: Provided, That the Export-Import Bank may accept,
and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for a
loan, guarantee or insurance commitment has been made: Provided
further, That, notwithstanding subsection (b) of section 117 of
the Export Enhancement Act of 1992, subsection (a) thereof
shall remain in effect until October 1, 2006.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within the
limits of funds available to it and in accordance with law as
may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $42,274,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the
purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $20,276,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Non-Credit Account: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made
during fiscal years 2006 and 2007: Provided further, That such
sums shall remain available through fiscal year 2014 for the
disbursement of direct and guaranteed loans obligated in fiscal
year 2006, and through fiscal year 2015 for the disbursement of
direct and guaranteed loans obligated in fiscal year 2007:
Provided further, That notwithstanding any other provision of
law, the Overseas Private Investment Corporation is authorized
to undertake any program authorized by title IV of the Foreign
Assistance Act of 1961 in Iraq: Provided further, That funds
made available pursuant to the authority of the previous
proviso shall be subject to the regular notification procedures
of the Committees on Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may be
derived from amounts available for administrative expenses to
carry out the credit and insurance programs in the Overseas
Private Investment Corporation Noncredit Account and merged
with said account.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961, $50,900,000,
to remain available until September 30, 2007.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2006,
unless otherwise specified herein, as follows:
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for child survival, health, and family planning/
reproductive health activities, in addition to funds otherwise
available for such purposes, $1,585,000,000, to remain
available until September 30, 2007: Provided, That this amount
shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) programs for the
prevention, treatment, control of, and research on HIV/AIDS,
tuberculosis, polio, malaria, and other infectious diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children displaced or orphaned by AIDS; and (6)
family planning/reproductive health: Provided further, That
none of the funds appropriated under this heading may be made
available for nonproject assistance, except that funds may be
made available for such assistance for ongoing health
activities: Provided further, That of the funds appropriated
under this heading, not to exceed $350,000, in addition to
funds otherwise available for such purposes, may be used to
monitor and provide oversight of child survival, maternal and
family planning/reproductive health, and infectious disease
programs: Provided further, That the following amounts should
be allocated as follows: $360,000,000 for child survival and
maternal health; $30,000,000 for vulnerable children;
$350,000,000 for HIV/AIDS; $220,000,000 for other infectious
diseases; and $375,000,000 for family planning/reproductive
health, including in areas where population growth threatens
biodiversity or endangered species: Provided further, That of
the funds appropriated under this heading, and in addition to
funds allocated under the previous proviso, not less than
$250,000,000 shall be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public
Law 108-25), for a United States contribution to the Global
Fund to Fight AIDS, Tuberculosis and Malaria (the ``Global
Fund''), and shall be expended at the minimum rate necessary to
make timely payment for projects and activities: Provided
further, That up to 5 percent of the aggregate amount of funds
made available to the Global Fund in fiscal year 2006 may be
made available to the United States Agency for International
Development for technical assistance related to the activities
of the Global Fund: Provided further, That of the funds
appropriated under this heading, $70,000,000 should be made
available for a United States contribution to The Vaccine Fund,
and up to $6,000,000 may be transferred to and merged with
funds appropriated by this Act under the heading ``Operating
Expenses of the United States Agency for International
Development'' for costs directly related to international
health, but funds made available for such costs may not be
derived from amounts made available for contribution under this
and preceding provisos: Provided further, That none of the
funds made available in this Act nor any unobligated balances
from prior appropriations may be made available to any
organization or program which, as determined by the President
of the United States, supports or participates in the
management of a program of coercive abortion or involuntary
sterilization: Provided further, That none of the funds made
available under this Act may be used to pay for the performance
of abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further, That
nothing in this paragraph shall be construed to alter any
existing statutory prohibitions against abortion under section
104 of the Foreign Assistance Act of 1961: Provided further,
That none of the funds made available under this Act may be
used to lobby for or against abortion: Provided further, That
in order to reduce reliance on abortion in developing nations,
funds shall be available only to voluntary family planning
projects which offer, either directly or through referral to,
or information about access to, a broad range of family
planning methods and services, and that any such voluntary
family planning project shall meet the following requirements:
(1) service providers or referral agents in the project shall
not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the
use of quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide
family planning acceptors comprehensible information on the
health benefits and risks of the method chosen, including those
conditions that might render the use of the method inadvisable
and those adverse side effects known to be consequent to the
use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical
procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which
the Administrator of the United States Agency for International
Development determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations
a report containing a description of such violation and the
corrective action taken by the Agency: Provided further, That
in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning;
and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or
appropriating funds for foreign operations, export financing,
and related programs, the term ``motivate'', as it relates to
family planning assistance, shall not be construed to prohibit
the provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further, That
to the maximum extent feasible, taking into consideration cost,
timely availability, and best health practices, funds
appropriated in this Act or prior appropriations Acts that are
made available for condom procurement shall be made available
only for the procurement of condoms manufactured in the United
States: Provided further, That information provided about the
use of condoms as part of projects or activities that are
funded from amounts appropriated by this Act shall be medically
accurate and shall include the public health benefits and
failure rates of such use.
DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of
sections 103, 105, 106, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$1,524,000,000, to remain available until September 30, 2007:
Provided, That $214,000,000 should be allocated for trade
capacity building, of which at least $20,000,000 shall be made
available for labor and environmental capacity building
activities relating to the free trade agreement with the
countries of Central America and the Dominican Republic:
Provided further, That $365,000,000 should be allocated for
basic education: Provided further, That of the funds
appropriated under this heading and managed by the United
States Agency for International Development, Bureau of
Democracy, Conflict, and Humanitarian Assistance, not less than
$15,000,000 shall be made available only for programs to
improve women's leadership capacity in recipient countries:
Provided further, That such funds may not be made available for
construction: Provided further, That of the funds appropriated
under this heading that are made available for assistance
programs for displaced and orphaned children and victims of
war, not to exceed $42,500, in addition to funds otherwise
available for such purposes, may be used to monitor and provide
oversight of such programs: Provided further, That funds
appropriated under this heading should be made available for
programs in sub-Saharan Africa to address sexual and gender-
based violence: Provided further, That of the aggregate amount
of the funds appropriated by this Act that are made available
for agriculture and rural development programs, $30,000,000
should be made available for plant biotechnology research and
development: Provided further, That not less than $2,300,000
should be made available for core support for the International
Fertilizer Development Center: Provided further, That of the
funds appropriated under this heading, not less than
$20,000,000 should be made available for the American Schools
and Hospitals Abroad program: Provided further, That of the
funds appropriated under this heading, $10,000,000 may be made
available for cooperative development programs within the
Office of Private and Voluntary Cooperation: Provided further,
That of the funds appropriated under this heading, $2,000,000
shall be made available for reconstruction and development
programs in South Asia: Provided further, That funds should be
made available for activities to reduce the incidence of child
marriage in developing countries: Provided further, That of the
funds appropriated under this heading, up to $20,000,000 should
be made available to develop clean water treatment activities
in developing countries: Provided further, That of the funds
appropriated by this Act, not less than $200,000,000 shall be
made available for drinking water supply projects and related
activities, of which not less than $50,000,000 should be made
available for programs in Africa.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $365,000,000, to remain available
until expended, of which $20,000,000 should be for famine
prevention and relief.
TRANSITION INITIATIVES
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, $40,000,000,
to remain available until expended, to support transition to
democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance: Provided
further, That if the President determines that is important to
the national interests of the United States to provide
transition assistance in excess of the amount appropriated
under this heading, up to $15,000,000 of the funds appropriated
by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees on
Appropriations.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $21,000,000 may be derived by transfer from
funds appropriated by this Act to carry out part I of such Act
and under the heading ``Assistance for Eastern Europe and the
Baltic States'': Provided, That such funds shall be made
available only for micro and small enterprise programs, urban
programs, and other programs which further the purposes of part
I of the Act: Provided further, That such costs, including the
cost of modifying such direct and guaranteed loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That funds made available by this
paragraph may be used for the cost of modifying any such
guaranteed loans under this Act or prior Acts, and funds used
for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $700,000,000.
In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $8,000,000, which may be transferred
to and merged with the appropriation for Operating Expenses of
the United States Agency for International Development:
Provided, That funds made available under this heading shall
remain available until September 30, 2008.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act of
1980, $41,700,000.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$630,000,000, of which up to $25,000,000 may remain available
until September 30, 2007: Provided, That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' may be made available to finance the
construction (including architect and engineering services),
purchase, or long-term lease of offices for use by the United
States Agency for International Development, unless the
Administrator has identified such proposed construction
(including architect and engineering services), purchase, or
long-term lease of offices in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of these funds for such purposes: Provided further,
That the previous proviso shall not apply where the total cost
of construction (including architect and engineering services),
purchase, or long-term lease of offices does not exceed
$1,000,000: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may
entail commitments for the expenditure of such funds through
fiscal year 2007: Provided further, That none of the funds in
this Act may be used to open a new overseas mission of the
United States Agency for International Development without the
prior written notification of the Committees on Appropriations:
Provided further, That the authority of sections 610 and 109 of
the Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry out
chapter 1 of part I of such Act to ``Operating Expenses of the
United States Agency for International Development'' in
accordance with the provisions of those sections.
CAPITAL INVESTMENT FUND
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of 1961,
$70,000,000, to remain available until expended: Provided, That
this amount is in addition to funds otherwise available for
such purposes: Provided further, That funds appropriated under
this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds
appropriated under this heading, not to exceed $48,100,000 may
be made available for the purposes of implementing the Capital
Security Cost Sharing Program.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961, $36,000,000,
to remain available until September 30, 2007, which sum shall
be available for the Office of the Inspector General of the
United States Agency for International Development.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,634,000,000, to remain available until
September 30, 2007: Provided, That of the funds appropriated
under this heading, not less than $240,000,000 shall be
available only for Israel, which sum shall be available on a
grant basis as a cash transfer and shall be disbursed within 30
days of the enactment of this Act: Provided further, That not
less than $495,000,000 shall be available only for Egypt, which
sum shall be provided on a grant basis, and of which sum cash
transfer assistance shall be provided with the understanding
that Egypt will undertake significant economic and political
reforms which are additional to those which were undertaken in
previous fiscal years: Provided further, That with respect to
the provision of assistance for Egypt for democracy and
governance activities, the organizations implementing such
assistance and the specific nature of that assistance shall not
be subject to the prior approval by the Government of Egypt:
Provided further, That of the funds appropriated under this
heading for assistance for Egypt, not less than $135,000,000
shall be made available for project assistance, of which not
less than $50,000,000 shall be made available for democracy,
human rights and governance programs and not less than
$50,000,000 shall be used for education programs, of which not
less than $5,000,000 shall be made available for scholarships
for disadvantaged Egyptian students to attend American
accredited institutions of higher education in Egypt: Provided
further, That of the funds appropriated under this heading for
assistance for Egypt for economic reform activities,
$227,600,000 shall be withheld from obligation until the
Secretary of State determines and reports to the Committees on
Appropriations that Egypt has met the calendar year 2005
benchmarks accompanying the ``Financial Sector Reform
Memorandum of Understanding'' dated March 20, 2005: Provided
further, That $20,000,000 of the funds appropriated under this
heading should be made available for Cyprus to be used only for
scholarships, administrative support of the scholarship
program, bicommunal projects, and measures aimed at
reunification of the island and designed to reduce tensions and
promote peace and cooperation between the two communities on
Cyprus: Provided further, That in exercising the authority to
provide cash transfer assistance for Israel, the President
shall ensure that the level of such assistance does not cause
an adverse impact on the total level of nonmilitary exports
from the United States to such country and that Israel enters
into a side letter agreement in an amount proportional to the
fiscal year 1999 agreement: Provided further, That of the funds
appropriated under this heading, not less than $250,000,000
should be made available only for assistance for Jordan:
Provided further, That of the funds appropriated under this
heading that are available for assistance for the West Bank and
Gaza, not to exceed $2,000,000 may be used for administrative
expenses of the United States Agency for International
Development, in addition to funds otherwise available for such
purposes, to carry out programs in the West Bank and Gaza:
Provided further, That not more than $225,000,000 of the funds
made available for assistance for Afghanistan under this
heading may be obligated for such assistance until the
Secretary of State certifies to the Committees on
Appropriations that the Government of Afghanistan at both the
national and local level is cooperating fully with United
States funded poppy eradication and interdiction efforts in
Afghanistan: Provided further, That the President may waive the
previous proviso if he determines and reports to the Committees
on Appropriations that to do so is vital to the national
security interests of the United States: Provided further, That
such report shall include an analysis of the steps being taken
by the Government of Afghanistan, at the national and local
level, to cooperate fully with United States funded poppy
eradication and interdiction efforts in Afghanistan: Provided
further, That $40,000,000 of the funds appropriated under this
heading shall be made available for assistance for Lebanon, of
which not less than $6,000,000 should be made available for
scholarships and direct support of American educational
institutions in Lebanon: Provided further, That of the funds
appropriated under this heading that are made available for
assistance for Iraq, not less than $5,000,000 shall be
transferred to and merged with funds appropriated under the
heading ``Iraq Relief and Reconstruction Fund'' in chapter 2 of
title II of Public Law 108-106 and shall be made available for
the Marla Ruzicka Iraqi War Victims Fund: Provided further,
That of the funds appropriated under this heading that are made
available for assistance for Iraq, not less than $56,000,000
shall be made available for democracy, governance and rule of
law programs in Iraq: Provided further, That of the funds
appropriated under this heading, not less than $19,000,000
shall be made available for assistance for the Democratic
Republic of Timor-Leste, of which up to $1,000,000 may be
available for administrative expenses of the United States
Agency for International Development: Provided further, That
notwithstanding any other provision of law, funds appropriated
under this heading shall be made available for programs and
activities for the Central Highlands of Vietnam: Provided
further, That funds appropriated under this heading that are
made available for a Middle East Financing Facility, Middle
East Enterprise Fund, or any other similar entity in the Middle
East shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That of
funds appropriated under this heading, $13,000,000 should be
made available for a United States contribution to the Special
Court for Sierra Leone: Provided further, That with respect to
funds appropriated under this heading in this Act or prior Acts
making appropriations for foreign operations, export financing,
and related programs, the responsibility for policy decisions
and justifications for the use of such funds, including whether
there will be a program for a country that uses those funds and
the amount of each such program, shall be the responsibility of
the Secretary of State and the Deputy Secretary of State and
this responsibility shall not be delegated.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$13,500,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall be
made available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415):
Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That funds made available under
this heading shall remain available until September 30, 2007.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $361,000,000, to remain
available until September 30, 2007, which shall be available,
notwithstanding any other provision of law, for assistance and
for related programs for Eastern Europe and the Baltic States:
Provided, That of the funds appropriated under this heading
$5,000,000 should be made available for rule of law programs
for the training of judges and prosecutors.
(b) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance.
(c) The provisions of section 529 of this Act shall apply
to funds appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the
application of section 529 of this Act, local currencies
generated by, or converted from, funds appropriated by this Act
and by previous appropriations Acts and made available for the
economic revitalization program in Bosnia may be used in
Eastern Europe and the Baltic States to carry out the
provisions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy (SEED) Act of 1989.
(d) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not complied
with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the
withdrawal of foreign forces, and that intelligence cooperation
on training, investigations, and related activities between
state sponsors of terrorism and terrorist organizations and
Bosnian officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $514,000,000, to remain available until September 30,
2007: Provided, That the provisions of such chapters shall
apply to funds appropriated by this paragraph: Provided
further, That funds made available for the Southern Caucasus
region may be used, notwithstanding any other provision of law,
for confidence-building measures and other activities in
furtherance of the peaceful resolution of the regional
conflicts, especially those in the vicinity of Abkhazia and
Nagorno-Karabagh: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
in this Act or prior Acts making appropriations for foreign
operations, export financing, and related programs, that are
made available pursuant to the provisions of section 807 of
Public Law 102-511 shall be subject to a 6 percent ceiling on
administrative expenses.
(b) Of the funds appropriated under this heading, not less
than $50,000,000 should be made available, in addition to funds
otherwise available for such purposes, for assistance for child
survival, environmental and reproductive health, and to combat
HIV/AIDS, tuberculosis and other infectious diseases, and for
related activities.
(c) Of the funds appropriated under this heading that are
made available for assistance for Ukraine, not less than
$5,000,000 should be made available for nuclear reactor safety
initiatives, and not less than $1,500,000 shall be made
available for coal mine safety programs.
(d) Of the funds appropriated under this heading,
$2,500,000 shall be made available for the Business Information
Service for the Newly Independent States.
(e)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government of the Russian
Federation, 60 percent shall be withheld from obligation until
the President determines and certifies in writing to the
Committees on Appropriations that the Government of the Russian
Federation--
(A) has terminated implementation of arrangements
to provide Iran with technical expertise, training,
technology, or equipment necessary to develop a nuclear
reactor, related nuclear research facilities or
programs, or ballistic missile capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief
to refugees and internally displaced persons in
Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of
trafficking in persons; and
(B) activities authorized under title V
(Nonproliferation and Disarmament Programs and
Activities) of the FREEDOM Support Act.
(f) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act and section
1424 of Public Law 104-201 or non-proliferation
assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(5) any financing provided under the Export-Import
Bank Act of 1945; or
(6) humanitarian assistance.
Independent Agencies
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, $19,500,000,
to remain available until September 30, 2007.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980,
Public Law 96-533, $23,000,000, to remain available until
September 30, 2007: Provided, That funds made available to
grantees may be invested pending expenditure for project
purposes when authorized by the board of directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act, in exceptional
circumstances the board of directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project: Provided further, That the Foundation
shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), including the purchase of not
to exceed five passenger motor vehicles for administrative
purposes for use outside of the United States, $322,000,000, to
remain available until September 30, 2007: Provided, That none
of the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That the Director may
transfer to the Foreign Currency Fluctuations Account, as
authorized by 22 U.S.C. 2515, an amount not to exceed
$2,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made
available for Peace Corps overseas operations.
MILLENNIUM CHALLENGE CORPORATION
For necessary expenses for the ``Millennium Challenge
Corporation'', $1,770,000,000 to remain available until
expended: Provided, That of the funds appropriated under this
heading, up to $75,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation: Provided
further, That up to 10 percent of the funds appropriated under
this heading may be made available to carry out the purposes of
section 616 of the Millennium Challenge Act of 2003 for
candidate countries for fiscal year 2006: Provided further,
That none of the funds available to carry out section 616 of
such Act may be made available until the Chief Executive
Officer of the Millennium Challenge Corporation provides a
report to the Committees on Appropriations listing the
candidate countries that will be receiving assistance under
section 616 of such Act, the level of assistance proposed for
each such country, a description of the proposed programs,
projects and activities, and the implementing agency or
agencies of the United States Government: Provided further,
That section 605(e)(4) of the Millennium Challenge Act of 2003
shall apply to funds appropriated under this heading: Provided
further, That funds appropriated under this heading may be made
available for a Millennium Challenge Compact entered into
pursuant to section 609 of the Millennium Challenge Act of 2003
only if such Compact obligates, or contains a commitment to
obligate subject to the availability of funds and the mutual
agreement of the parties to the Compact to proceed, the entire
amount of the United States Government funding anticipated for
the duration of the Compact.
Department of State
GLOBAL HIV/AIDS INITIATIVE
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $1,995,000,000, to
remain available until expended, of which $200,000,000 shall be
made available, notwithstanding any other provision of law,
except for the United States Leadership Against HIV/AIDS,
Tuberculosis and Malaria Act of 2003 (Public Law 108-25) for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, and shall be expended at the minimum
rate necessary to make timely payment for projects and
activities.
DEMOCRACY FUND
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the promotion of
democracy, governance, human rights, independent media, and the
rule of law globally, $95,000,000, to remain available until
September 30, 2008: Provided, That funds appropriated under
this heading shall be made available notwithstanding any other
provision of law, and of such funds $63,200,000 shall be made
available for the Human Rights and Democracy Fund of the Bureau
of Democracy, Human Rights and Labor, Department of State, and
not less than $15,250,000 shall be made available for the
National Endowment for Democracy: Provided further, That funds
appropriated under this heading are in addition to funds
otherwise available for such purposes: Provided further, That
funds made available by title II of this Act for purposes of
this section for any contract, grant, or cooperative agreement
(or any amendment to any contract, grant, or cooperative
agreement) in excess of $10,000,000 shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(b) Funds appropriated in subsection (a) should be made
available for assistance for Taiwan for the purposes of
furthering political and legal reforms: Provided, That such
funds shall only be made available to the extent that they are
matched from sources other than the United States Government.
(c) Funds appropriated in subsection (a) shall be made
available for programs and activities to foster democracy,
governance, human rights, civic education, women's development,
press freedom, and the rule of law in countries located outside
the Middle East region with a significant Muslim population,
and where such programs and activities would be important to
United States efforts to respond to, deter, or prevent acts of
international terrorism: Provided, That such funds should
support new initiatives and activities in those countries:
Provided further, That of the funds appropriated in subsection
(a) $5,000,000 shall be made available for continuing programs
and activities that provide professional training for
journalists.
(d) Notwithstanding any other provision of law, funds
appropriated by this Act may be made available for democracy,
governance, human rights, and rule of law programs for Syria
and Iran: Provided, That not less than $6,550,000 of the funds
appropriated in subsection (a) shall be made available for
programs and activities that support the advancement of
democracy in Iran and Syria.
(e) Funds made available for purposes of this section that
are made available to the National Endowment for Democracy may
be made available notwithstanding any other provision of law or
regulation.
(f) Funds made available pursuant to the authority of
subsections (b), (c) and (d) shall be subject to the regular
notification procedures of the Committees on Appropriations.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $477,200,000, to remain
available until September 30, 2008: Provided, That during
fiscal year 2006, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing it to a foreign country under chapter 8 of part I
of that Act subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the
Secretary of State shall provide to the Committees on
Appropriations not later than 45 days after the date of the
enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the proposed
uses of all funds under this heading on a country-by-country
basis for each proposed program, project, or activity: Provided
further, That of the funds appropriated under this heading, not
less than $16,000,000 shall be made available for training
programs and activities of the International Law Enforcement
Academies: Provided further, That $10,000,000 of the funds
appropriated under this heading should be made available for
demand reduction programs: Provided further, That of the funds
appropriated under this heading, not more than $33,484,000 may
be available for administrative expenses.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support counterdrug
activities in the Andean region of South America, $734,500,000,
to remain available until September 30, 2008: Provided, That in
fiscal year 2006, funds available to the Department of State
for assistance to the Government of Colombia shall be available
to support a unified campaign against narcotics trafficking,
against activities by organizations designated as terrorist
organizations such as the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN), and the
United Self-Defense Forces of Colombia (AUC), and to take
actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations:
Provided further, That this authority shall cease to be
effective if the Secretary of State has credible evidence that
the Colombian Armed Forces are not conducting vigorous
operations to restore government authority and respect for
human rights in areas under the effective control of
paramilitary and guerrilla organizations: Provided further,
That the President shall ensure that if any helicopter procured
with funds under this heading is used to aid or abet the
operations of any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately
returned to the United States: Provided further, That the
Secretary of State, in consultation with the Administrator of
the United States Agency for International Development, shall
provide to the Committees on Appropriations not later than 45
days after the date of the enactment of this Act and prior to
the initial obligation of funds appropriated under this
heading, a report on the proposed uses of all funds under this
heading on a country-by-country basis for each proposed
program, project, or activity: Provided further, That funds
made available in this Act for demobilization/reintegration of
members of foreign terrorist organizations in Colombia shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That section 482(b) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated under this
heading: Provided further, That assistance provided with funds
appropriated under this heading that is made available
notwithstanding section 482(b) of the Foreign Assistance Act of
1961 shall be made available subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That of the funds appropriated under this
heading that are available for alternative development/
institution building, not less than $228,772,000 shall be
apportioned directly to the United States Agency for
International Development including $131,232,000 for assistance
for Colombia: Provided further, That with respect to funds
apportioned to the United States Agency for International
Development under the previous proviso, the responsibility for
policy decisions for the use of such funds, including what
activities will be funded and the amount of funds that will be
provided for each of those activities, shall be the
responsibility of the Administrator of the United States Agency
for International Development in consultation with the
Assistant Secretary of State for International Narcotics and
Law Enforcement Affairs: Provided further, That of the funds
appropriated under this heading, in addition to funds made
available for judicial reform programs in Colombia, not less
than $8,000,000 shall be made available to the United States
Agency for International Development for organizations and
programs to protect human rights: Provided further, That not
more than 20 percent of the funds appropriated by this Act that
are used for the procurement of chemicals for aerial coca and
poppy fumigation programs may be made available for such
programs unless the Secretary of State certifies to the
Committees on Appropriations that: (1) the herbicide is being
used in accordance with EPA label requirements for comparable
use in the United States and with Colombian laws; and (2) the
herbicide, in the manner it is being used, does not pose
unreasonable risks or adverse effects to humans or the
environment including endemic species: Provided further, That
such funds may not be made available unless the Secretary of
State certifies to the Committees on Appropriations that
complaints of harm to health or licit crops caused by such
fumigation are evaluated and fair compensation is being paid
for meritorious claims: Provided further, That such funds may
not be made available for such purposes unless programs are
being implemented by the United States Agency for International
Development, the Government of Colombia, or other
organizations, in consultation with local communities, to
provide alternative sources of income in areas where security
permits for small-acreage growers whose illicit crops are
targeted for fumigation: Provided further, That of the funds
appropriated under this heading, not less than $2,000,000
should be made available for programs to protect biodiversity
and indigenous reserves in Colombia: Provided further, That
funds appropriated by this Act may be used for aerial
fumigation in Colombia's national parks or reserves only if the
Secretary of State determines that it is in accordance with
Colombian laws and that there are no effective alternatives to
reduce drug cultivation in these areas: Provided further, That
no United States Armed Forces personnel or United States
civilian contractor employed by the United States will
participate in any combat operation in connection with
assistance made available by this Act for Colombia: Provided
further, That funds appropriated under this heading that are
made available for assistance for the Bolivian military may be
made available for such purposes only if the Secretary of State
certifies that the Bolivian military is respecting human
rights, and civilian judicial authorities are investigating and
prosecuting, with the military's cooperation, military
personnel who have been implicated in gross violations of human
rights: Provided further, That of the funds appropriated under
this heading, not more than $19,015,000 may be available for
administrative expenses of the Department of State, and not
more than $7,800,000 may be available, in addition to amounts
otherwise available for such purposes, for administrative
expenses of the United States Agency for International
Development.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by law,
a contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the
International Organization for Migration and the United Nations
High Commissioner for Refugees, and other activities to meet
refugee and migration needs; salaries and expenses of personnel
and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $791,000,000, to remain available
until expended: Provided, That not more than $23,000,000 may be
available for administrative expenses: Provided further, That
not less than $40,000,000 of the funds made available under
this heading shall be made available for refugees from the
former Soviet Union and Eastern Europe and other refugees
resettling in Israel: Provided further, That funds appropriated
under this heading may be made available for a headquarters
contribution to the International Committee of the Red Cross
only if the Secretary of State determines (and so reports to
the appropriate committees of Congress) that the Magen David
Adom Society of Israel is not being denied participation in the
activities of the International Red Cross and Red Crescent
Movement: Provided further, That funds appropriated under this
heading should be made available to develop effective responses
to protracted refugee situations, including the development of
programs to assist long-term refugee populations within and
outside traditional camp settings that support refugees living
or working in local communities such as integration of refugees
into local schools and services, resource conservation projects
and other projects designed to diminish conflict between
refugee hosting communities and refugees, and encouraging
dialogue among refugee hosting communities, the United Nations
High Commissioner for Refugees, and international and
nongovernmental refugee assistance organizations to promote the
rights to which refugees are entitled under the Convention
Relating to the Status of Refugees of July 28, 1951 and the
Protocol Relating to the Status of Refugees, done at New York
January 31, 1967.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $30,000,000, to remain
available until expended.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$410,100,000, to carry out the provisions of chapter 8 of part
II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act, section 23 of
the Arms Export Control Act or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United
States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That of this amount
not to exceed $37,500,000, to remain available until expended,
may be made available for the Nonproliferation and Disarmament
Fund, notwithstanding any other provision of law, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of
the United States to do so: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of
State determines (and so reports to the Congress) that Israel
is not being denied its right to participate in the activities
of that Agency: Provided further, That of the funds made
available for demining and related activities, not to exceed
$705,000, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to
the operation and management of the demining program: Provided
further, That funds appropriated under this heading that are
available for ``Anti-terrorism Assistance'' and ``Export
Control and Border Security'' shall remain available until
September 30, 2007.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961, $20,000,000,
to remain available until September 30, 2008, which shall be
available notwithstanding any other provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for programs
within the International Affairs Budget Function 150, including
the cost of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries, pursuant to parts IV and V of the Foreign
Assistance Act of 1961, of modifying concessional credit
agreements with least developed countries, as authorized under
section 411 of the Agricultural Trade Development and
Assistance Act of 1954, as amended, of concessional loans,
guarantees and credit agreements, as authorized under section
572 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made
pursuant to the Export-Import Bank Act of 1945, by countries
that are eligible for debt reduction pursuant to title V of
H.R. 3425 as enacted into law by section 1000(a)(5) of Public
Law 106-113, $65,000,000, to remain available until September
30, 2008: Provided, That not less than $20,000,000 of the funds
appropriated under this heading shall be made available to
carry out the provisions of part V of the Foreign Assistance
Act of 1961: Provided further, That amounts paid to the HIPC
Trust Fund may be used only to fund debt reduction under the
enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic
Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State
has credible evidence that the government of such country is
engaged in a consistent pattern of gross violations of
internationally recognized human rights or in military or civil
conflict that undermines its ability to develop and implement
measures to alleviate poverty and to devote adequate human and
financial resources to that end: Provided further, That on the
basis of final appropriations, the Secretary of the Treasury
shall consult with the Committees on Appropriations concerning
which countries and international financial institutions are
expected to benefit from a United States contribution to the
HIPC Trust Fund during the fiscal year: Provided further, That
the Secretary of the Treasury shall inform the Committees on
Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make payments
to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries
that--
(1) have committed, for a period of 24 months, not
to accept new market-rate loans from the international
financial institution receiving debt repayment as a
result of such disbursement, other than loans made by
such institutions to export-oriented commercial
projects that generate foreign exchange which are
generally referred to as ``enclave'' loans; and
(2) have documented and demonstrated their
commitment to redirect their budgetary resources from
international debt repayments to programs to alleviate
poverty and promote economic growth that are additional
to or expand upon those previously available for such
purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically elected
government has taken office.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961, $86,744,000,
of which up to $3,000,000 may remain available until expended:
Provided, That the civilian personnel for whom military
education and training may be provided under this heading may
include civilians who are not members of a government whose
participation would contribute to improved civil-military
relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under
this heading for military education and training for Guatemala
may only be available for expanded international military
education and training, and funds made available for Haiti, the
Democratic Republic of the Congo, and Nigeria may only be
provided through the regular notification procedures of the
Committees on Appropriations.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,500,000,000: Provided, That of the funds
appropriated under this heading, not less than $2,280,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only for
Egypt: Provided further, That the funds appropriated by this
paragraph for Israel shall be disbursed within 30 days of the
enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel by this
paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than
$595,000,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That of the funds
appropriated by this paragraph, $210,000,000 shall be made
available for assistance for Jordan: Provided further, That
funds appropriated or otherwise made available by this
paragraph shall be nonrepayable notwithstanding any requirement
in section 23 of the Arms Export Control Act: Provided further,
That funds made available under this paragraph shall be
obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United
States Government specifying the conditions under which such
procurements may be financed with such funds: Provided, That
all country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the
funds appropriated under this heading shall be available for
assistance for Sudan and Guatemala: Provided further, That none
of the funds appropriated under this heading may be made
available for assistance for Haiti except pursuant to the
regular notification procedures of the Committees on
Appropriations: Provided further, That funds made available
under this heading may be used, notwithstanding any other
provision of law, for demining, the clearance of unexploded
ordnance, and related activities, and may include activities
implemented through nongovernmental and international
organizations: Provided further, That only those countries for
which assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds
made available under this heading for procurement of defense
articles, defense services or design and construction services
that are not sold by the United States Government under the
Arms Export Control Act: Provided further, That funds
appropriated under this heading shall be expended at the
minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$42,500,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside
of the United States, for the general costs of administering
military assistance and sales: Provided further, That not more
than $373,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal
year 2006 pursuant to section 43(b) of the Arms Export Control
Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations: Provided further, That foreign military
financing program funds estimated to be outlayed for Egypt
during fiscal year 2006 shall be transferred to an interest
bearing account for Egypt in the Federal Reserve Bank of New
York within 30 days of enactment of this Act.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$175,000,000: Provided, That none of the funds appropriated
under this heading shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global
Environment Facility, $80,000,000 to the International Bank for
Reconstruction and Development as trustee for the Global
Environment Facility (GEF), by the Secretary of the Treasury,
to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $950,000,000, to remain
available until expended.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE AGENCY
For payment to the Multilateral Investment Guarantee Agency
by the Secretary of the Treasury, $1,300,000, to remain
available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Multilateral Investment
Guarantee Agency may subscribe without fiscal year limitation
to the callable capital portion of the United States share of
such capital in an amount not to exceed $8,126,527.
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION
For payment to the Inter-American Investment Corporation by
the Secretary of the Treasury, $1,741,515, to remain available
until expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $1,741,515, to remain
available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $100,000,000, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the
Secretary of the Treasury, $3,638,000, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $88,333,855.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $135,700,000, to remain available until
expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $1,015,677 for
the United States share of the paid-in portion of the increase
in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$2,249,888.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $15,000,000, to remain available
until expended.
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $329,458,000: Provided, That none of
the funds appropriated under this heading may be made available
to the International Atomic Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL
FINANCIAL INSTITUTIONS
Sec. 501. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while the
United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while any
alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(b) For purposes of this section ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the Asian
Development Bank, the Asian Development Fund, the African
Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and Development.
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES
Sec. 502. None of the funds appropriated by this Act may be
made available to pay any voluntary contribution of the United
States to the United Nations (including the United Nations
Development Program) if the United Nations implements or
imposes any taxation on any United States persons.
LIMITATION ON RESIDENCE EXPENSES
Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $100,500 shall be for
official residence expenses of the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
UNOBLIGATED BALANCES REPORT
Sec. 504. Any Department or Agency to which funds are
appropriated or otherwise made available by this Act shall
provide to the Committees on Appropriations a quarterly
accounting by program, project, and activity of the funds
received by such Department or Agency in this fiscal year or
any previous fiscal year that remain unobligated and
unexpended.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $250,000 shall be available
for representation and entertainment allowances, of which not
to exceed $2,500 shall be available for entertainment
allowances, for the United States Agency for International
Development during the current fiscal year: Provided, That no
such entertainment funds may be used for the purposes listed in
section 548 of this Act: Provided further, That appropriate
steps shall be taken to assure that, to the maximum extent
possible, United States-owned foreign currencies are utilized
in lieu of dollars: Provided further, That of the funds made
available by this Act for general costs of administering
military assistance and sales under the heading ``Foreign
Military Financing Program'', not to exceed $4,000 shall be
available for entertainment expenses and not to exceed $130,000
shall be available for representation allowances: Provided
further, That of the funds made available by this Act under the
heading ``International Military Education and Training'', not
to exceed $55,000 shall be available for entertainment
allowances: Provided further, That of the funds made available
by this Act for the Inter-American Foundation, not to exceed
$2,000 shall be available for entertainment and representation
allowances: Provided further, That of the funds made available
by this Act for the Peace Corps, not to exceed a total of
$4,000 shall be available for entertainment expenses: Provided
further, That of the funds made available by this Act under the
heading ``Trade and Development Agency'', not to exceed $4,000
shall be available for representation and entertainment
allowances: Provided further, That of the funds made available
by this Act under the heading ``Millennium Challenge
Corporation'', not to exceed $115,000 shall be available for
representation and entertainment allowances.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
Sec. 506. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide
assistance for a foreign country under a new bilateral
agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a
provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign
government, and the Secretary of State shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as
necessary, to conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2006 on funds appropriated by this Act by a foreign government
or entity against commodities financed under United States
assistance programs for which funds are appropriated by this
Act, either directly or through grantees, contractors and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2007 and allocated
for the central government of such country and for the West
Bank and Gaza Program to the extent that the Secretary of State
certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall be
reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply
to any country or entity the Secretary of State
determines--
(A) does not assess taxes on United States
assistance or which has an effective
arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the
United States outweigh the policy of this
section to ensure that United States assistance
is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard
to any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to
value added taxes and customs duties imposed on
commodities financed with United States assistance for
programs for which funds are appropriated by this Act;
and
(2) the term ``bilateral agreement'' refers to a
framework bilateral agreement between the Government of
the United States and the government of the country
receiving assistance that describes the privileges and
immunities applicable to United States foreign
assistance for such country generally, or an individual
agreement between the Government of the United States
and such government that describes, among other things,
the treatment for tax purposes that will be accorded
the United States assistance provided under that
agreement.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Libya, North Korea, Iran, or Syria: Provided, That for purposes
of this section, the prohibition on obligations or expenditures
shall include direct loans, credits, insurance and guarantees
of the Export-Import Bank or its agents: Provided further, That
for purposes of this section, the prohibition shall not include
activities of the Overseas Private Investment Corporation in
Libya: Provided further, That the prohibition shall not include
direct loans, credits, insurance and guarantees made available
by the Export-Import Bank or its agents for or in Libya.
MILITARY COUPS
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to the government of any
country whose duly elected head of government is deposed by
military coup or decree: Provided, That assistance may be
resumed to such government if the President determines and
certifies to the Committees on Appropriations that subsequent
to the termination of assistance a democratically elected
government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to
promote democratic elections or public participation in
democratic processes: Provided further, That funds made
available pursuant to the previous provisos shall be subject to
the regular notification procedures of the Committees on
Appropriations.
TRANSFERS
Sec. 509. (a)(1) Limitation on Transfers Between
Agencies.--None of the funds made available by this Act may be
transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(b) Transfers Between Accounts.--None of the funds made
available by this Act may be obligated under an appropriation
account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any
authority contained in the Foreign Assistance Act of 1961 to
transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations of the House
of Representatives and the Senate.
(c) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961 or any comparable provision of
law, shall expressly provide that the Office of the Inspector
General for the agency receiving the transfer or allocation of
such funds shall perform periodic program and financial audits
of the use of such funds: Provided, That funds transferred
under such authority may be made available for the cost of such
audits.
COMMERCIAL LEASING OF DEFENSE ARTICLES
Sec. 510. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
AVAILABILITY OF FUNDS
Sec. 511. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration
of the current fiscal year unless expressly so provided in this
Act: Provided, That funds appropriated for the purposes of
chapters 1, 8, 11, and 12 of part I, section 667, chapters 4,
6, 8, and 9 of part II of the Foreign Assistance Act of 1961,
section 23 of the Arms Export Control Act, and funds provided
under the heading ``Assistance for Eastern Europe and the
Baltic States'', shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961 which are
allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform
objectives, shall remain available until expended.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to the government of
any country which is in default during a period in excess of 1
calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by
the United States pursuant to a program for which funds are
appropriated under this Act unless the President determines,
following consultations with the Committees on Appropriations,
that assistance to such country is in the national interest of
the United States.
COMMERCE AND TRADE
Sec. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any loan,
any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the United
States are likely to outweigh the injury to United States
producers of the same, similar, or competing commodity, and the
Chairman of the Board so notifies the Committees on
Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connection
with the growth or production in a foreign country of an
agricultural commodity for export which would compete with a
similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact on the export of agricultural
commodities of the United States; or
(2) research activities intended primarily to
benefit American producers.
SURPLUS COMMODITIES
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the
voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available
pursuant to this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing
commodity.
NOTIFICATION REQUIREMENTS
Sec. 515. For the purposes of providing the executive
branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Child Survival
and Health Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Andean Counterdrug Initiative'', ``Assistance
for Eastern Europe and the Baltic States'', ``Assistance for
the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Global HIV/AIDS Initiative'', ``Democracy
Fund'', ``Peacekeeping Operations'', ``Capital Investment
Fund'', ``Operating Expenses of the United States Agency for
International Development'', ``Operating Expenses of the United
States Agency for International Development Office of Inspector
General'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Millennium Challenge Corporation'' (by
country only), ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Peace
Corps'', and ``Migration and Refugee Assistance'', shall be
available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these
specific headings unless the Committees on Appropriations of
both Houses of Congress are previously notified 15 days in
advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this section
shall not apply to any reprogramming for an activity, program,
or project for which funds are appropriated under title II of
this Act of less than 10 percent of the amount previously
justified to the Congress for obligation for such activity,
program, or project for the current fiscal year: Provided
further, That the requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided further, That in case of
any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after
taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND
PROGRAMS
Sec. 516. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under this
Act or any previously enacted Act making appropriations for
foreign operations, export financing, and related programs,
which are returned or not made available for organizations and
programs because of the implementation of section 307(a) of the
Foreign Assistance Act of 1961, shall remain available for
obligation until September 30, 2007.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
Sec. 517. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union
if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines that
to do so is in the national security interest of the United
States.
(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(c) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Kazakhstan, and Uzbekistan shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and
natural resources) of the Foreign Assistance Act of 1961.
(e) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated in this Act or prior
appropriations Acts under the heading ``Assistance for the
Independent States of the Former Soviet Union'' and under
comparable headings in prior appropriations Acts, for projects
or activities that have as one of their primary purposes the
fostering of private sector development, the Coordinator for
United States Assistance to Europe and Eurasia and the
implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources
(including volunteer services and in-kind contributions) in
such projects and activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
Sec. 518. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use
of these funds by any such country or organization would
violate any of the above provisions related to abortions and
involuntary sterilizations.
EXPORT FINANCING TRANSFER AUTHORITIES
Sec. 519. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2006, for programs under title I of this Act may be
transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
Sec. 520. None of the funds appropriated by this Act shall
be obligated or expended for assistance for Liberia, Serbia,
Sudan, Zimbabwe, Pakistan, or Cambodia except as provided
through the regular notification procedures of the Committees
on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Sec. 521. For the purpose of this Act ``program, project,
and activity'' shall be defined at the appropriations Act
account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic Support
Fund and Foreign Military Financing Program, ``program,
project, and activity'' shall also be considered to include
country, regional, and central program level funding within
each such account; for the development assistance accounts of
the United States Agency for International Development
``program, project, and activity'' shall also be considered to
include central, country, regional, and program level funding,
either as: (1) justified to the Congress; or (2) allocated by
the executive branch in accordance with a report, to be
provided to the Committees on Appropriations within 30 days of
the enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
Sec. 522. Up to $13,500,000 of the funds made available by
this Act for assistance under the heading ``Child Survival and
Health Programs Fund'', may be used to reimburse United States
Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or assigned
to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of
carrying out activities under that heading: Provided, That up
to $3,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may be
used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out
other development assistance activities: Provided further, That
funds appropriated by titles II and III of this Act that are
made available for bilateral assistance for child survival
activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/
AIDS may be made available notwithstanding any other provision
of law except for the provisions under the heading ``Child
Survival and Health Programs Fund'' and the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided further, That of the funds appropriated under title II
of this Act, not less than $440,000,000 shall be made available
for family planning/reproductive health: Provided further, That
the Comptroller General of the United States shall conduct an
audit on the use of funds appropriated for fiscal years 2004
and 2005 under the heading ``Child Survival and Health Programs
Fund'', to include specific recommendations on improving the
effectiveness of such funds.
AFGHANISTAN
Sec. 523. Of the funds appropriated by titles II and III of
this Act, not less than $931,400,000 should be made available
for humanitarian, reconstruction, and related assistance for
Afghanistan: Provided, That of the funds made available
pursuant to this section, not less than $3,000,000 should be
made available for reforestation activities: Provided further,
That funds made available pursuant to the previous proviso
should be matched, to the maximum extent possible, with
contributions from American and Afghan businesses: Provided
further, That of the funds allocated for assistance for
Afghanistan from this Act and other Acts making appropriations
for foreign operations, export financing, and related programs
for fiscal year 2006, not less than $50,000,000 should be made
available to support programs that directly address the needs
of Afghan women and girls, of which not less than $7,500,000
shall be made available for grants to support training and
equipment to improve the capacity of women-led Afghan
nongovernmental organizations and to support the activities of
such organizations: Provided further, That of the funds made
available pursuant to this section, not less than $2,000,000
should be made available for the Afghan Independent Human
Rights Commission and for other Afghan human rights
organizations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 524. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall notify
the Committees on Appropriations to the same extent and under
the same conditions as are other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense
articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in
terms of original acquisition cost) at $7,000,000 or more, or
if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
HIV/AIDS
Sec. 525. (a) Notwithstanding any other provision of this
Act, 20 percent of the funds that are appropriated by this Act
for a contribution to support the Global Fund to Fight AIDS,
Tuberculosis and Malaria (the ``Global Fund'') shall be
withheld from obligation to the Global Fund until the Secretary
of State certifies to the Committees on Appropriations that the
Global Fund--
(1) has established clear progress indicators upon
which to determine the release of incremental
disbursements;
(2) is releasing such incremental disbursements
only if progress is being made based on those
indicators; and
(3) is providing support and oversight to country-
level entities, such as country coordinating
mechanisms, principal recipients, and local Fund
agents, to enable them to fulfill their mandates.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on
Appropriations that such waiver is important to the national
interest of the United States.
BURMA
Sec. 526. (a) The Secretary of the Treasury shall instruct
the United States executive director to each appropriate
international financial institution in which the United States
participates, to oppose and vote against the extension by such
institution of any loan or financial or technical assistance or
any other utilization of funds of the respective bank to and
for Burma.
(b) Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $11,000,000 shall be made
available to support democracy activities in Burma, along the
Burma-Thailand border, for activities of Burmese student groups
and other organizations located outside Burma, and for the
purpose of supporting the provision of humanitarian assistance
to displaced Burmese along Burma's borders: Provided, That
funds made available under this heading may be made available
notwithstanding any other provision of law: Provided further,
That in addition to assistance for Burmese refugees provided
under the heading ``Migration and Refugee Assistance'' in this
Act, not less than $3,000,000 shall be made available for
assistance for community-based organizations operating in
Thailand to provide food, medical and other humanitarian
assistance to internally displaced persons in eastern Burma:
Provided further, That funds made available under this section
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(c) The President shall include amounts expended by the
Global Fund to Fight AIDS, Tuberculosis and Malaria to the
State Peace and Development Council in Burma, directly or
through groups and organizations affiliated with the Global
Fund, in making determinations regarding the amount to be
withheld by the United States from its contribution to the
Global Fund pursuant to section 202(d)(4)(A)(ii) of Public Law
108-25.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
Sec. 527. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under any
such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on
Appropriations.
DEBT-FOR-DEVELOPMENT
Sec. 528. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which
is a grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts local currencies which accrue to that organization as
a result of economic assistance provided under title II of this
Act and, subject to the regular notification procedures of the
Committees on Appropriations, any interest earned on such
investment shall be used for the purpose for which the
assistance was provided to that organization.
SEPARATE ACCOUNTS
Sec. 529. (a) Separate Accounts for Local Currencies.--
(1) If assistance is furnished to the government of
a foreign country under chapters 1 and 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of
local currencies of that country, the Administrator of
the United States Agency for International Development
shall--
(A) require that local currencies be
deposited in a separate account established by
that government;
(B) enter into an agreement with that
government which sets forth--
(i) the amount of the local
currencies to be generated; and
(ii) the terms and conditions under
which the currencies so deposited may
be utilized, consistent with this
section; and
(C) establish by agreement with that
government the responsibilities of the United
States Agency for International Development and
that government to monitor and account for
deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed
upon with the foreign government, local currencies
deposited in a separate account pursuant to subsection
(a), or an equivalent amount of local currencies, shall
be used only--
(A) to carry out chapter 1 or 10 of part I
or chapter 4 of part II (as the case may be),
for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of
the United States Government.
(3) Programming accountability.--The United States
Agency for International Development shall take all
necessary steps to ensure that the equivalent of the
local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established
pursuant to subsection (a)(1) are used for the purposes
agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon
termination of assistance to a country under chapter 1
or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which
remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country
and the United States Government.
(5) Reporting requirement.--The Administrator of
the United States Agency for International Development
shall report on an annual basis as part of the
justification documents submitted to the Committees on
Appropriations on the use of local currencies for the
administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and
such report shall include the amount of local currency
(and United States dollar equivalent) used and/or to be
used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the
government of a foreign country, under chapter 1 or 10
of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961, as cash transfer assistance or
as nonproject sector assistance, that country shall be
required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such
funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the
nature of this assistance including provisions which
are referenced in the Joint Explanatory Statement of
the Committee of Conference accompanying House Joint
Resolution 648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification
through the regular notification procedures of the
Committees on Appropriations, which shall include a
detailed description of how the funds proposed to be
made available will be used, with a discussion of the
United States interests that will be served by the
assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by
such assistance).
(4) Exemption.--Nonproject sector assistance funds
may be exempt from the requirements of subsection
(b)(1) only through the notification procedures of the
Committees on Appropriations.
ENTERPRISE FUND RESTRICTIONS
Sec. 530. (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance with
the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
(b) Funds made available by this Act for Enterprise Funds
shall be expended at the minimum rate necessary to make timely
payment for projects and activities.
FINANCIAL MARKET ASSISTANCE IN TRANSITION COUNTRIES
Sec. 531. Of the funds appropriated by this Act under the
headings ``Trade and Development Agency'', ``Development
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Affairs Technical Assistance'',
``Assistance for the Independent States of the Former Soviet
Union'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', and ``Assistance for Eastern Europe and
Baltic States'', not less than $40,000,000 should be made
available for building capital markets and financial systems in
countries in transition.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN
DEVELOPMENT FOUNDATION
Sec. 532. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related programs,
shall not be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American
Foundation Act or the African Development Foundation Act. The
agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which
assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
Sec. 533. None of the funds appropriated by this Act may be
obligated or expended to provide--
(1) any financial incentive to a business
enterprise currently located in the United States for
the purpose of inducing such an enterprise to relocate
outside the United States if such incentive or
inducement is likely to reduce the number of employees
of such business enterprise in the United States
because United States production is being replaced by
such enterprise outside the United States; or
(2) assistance for any program, project, or
activity that contributes to the violation of
internationally recognized workers rights, as defined
in section 507(4) of the Trade Act of 1974, of workers
in the recipient country, including any designated zone
or area in that country: Provided, That the application
of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country,
micro and small-scale enterprise, and smallholder
agriculture.
SPECIAL AUTHORITIES
Sec. 534. (a) Afghanistan, Iraq, Pakistan, Lebanon,
Montenegro, Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated by this Act that are made
available for assistance for Afghanistan may be made available
notwithstanding section 512 of this Act or any similar
provision of law and section 660 of the Foreign Assistance Act
of 1961, and funds appropriated in titles I and II of this Act
that are made available for Iraq, Lebanon, Montenegro,
Pakistan, and for victims of war, displaced children, and
displaced Burmese, and to assist victims of trafficking in
persons and, subject to the regular notification procedures of
the Committees on Appropriations, to combat such trafficking,
may be made available notwithstanding any other provision of
law.
(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to
sections 116, 502B, and 620A of the Foreign Assistance Act of
1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961, and
title II of the Agricultural Trade Development and Assistance
Act of 1954, may be used by the United States Agency for
International Development to employ up to 25 personal services
contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities
managed by the agency until permanent direct hire personnel are
hired and trained: Provided, That not more than 10 of such
contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of
the Agricultural Trade Development and Assistance Act of 1954,
may be made available only for personal services contractors
assigned to the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of
section 1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives and the President pro tempore of the Senate
that it is important to the national security interests of the
United States.
(2) Period of Application of Waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(e) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development may
provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
(f) Vietnamese Refugees.--Section 594(a) of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (enacted as division D of Public Law
108-447; 118 Stat. 3038) is amended by striking ``and 2005''
and inserting ``through 2007''.
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(h) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance of the
United States Agency for International Development, from this
or any other Act, not less than $10,000,000 shall be made
available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
(i) University Programs.--Notwithstanding any other
provision of law, of the funds appropriated under the heading
``Development Assistance'' in this Act, up to $5,000,000 shall
be made available to American educational institutions for
programs and activities in the People's Republic of China
relating to the environment, democracy, and the rule of law:
Provided, That funds made available pursuant to this authority
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(j) Extension of Authority.--
(1) With respect to funds appropriated by this Act
that are available for assistance for Pakistan, the
President may waive the prohibition on assistance
contained in section 508 of this Act subject to the
requirements contained in section 1(b) of Public Law
107-57, as amended, for a determination and
certification, and consultation, by the President prior
to the exercise of such waiver authority.
(2) Section 512 of this Act and section 620(q) of
the Foreign Assistance Act of 1961 shall not apply with
respect to assistance for Pakistan from funds
appropriated by this Act.
(3) Notwithstanding the date contained in section 6
of Public Law 107-57, as amended, the provisions of
sections 2 and 4 of that Act shall remain in effect
through the current fiscal year.
(k) Middle East Foundation.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'' that are
available for the Middle East Partnership Initiative, up to
$35,000,000 may be made available, including as an endowment,
notwithstanding any other provision of law and following
consultations with the Committees on Appropriations, to
establish and operate a Middle East Foundation, or any other
similar entity, whose purpose is to support democracy,
governance, human rights, and the rule of law in the Middle
East region: Provided, That such funds may be made available to
the Foundation only to the extent that the Foundation has
commitments from sources other than the United States
Government to at least match the funds provided under the
authority of this subsection: Provided further, That provisions
contained in section 201 of the Support for East European
Democracy (SEED) Act of 1989 (excluding the authorizations of
appropriations provided in subsection (b) of that section)
shall be deemed to apply to any such foundation or similar
entity referred to under this subsection, and to funds made
available to such entity, in order to enable it to provide
assistance for purposes of this section: Provided further, That
prior to the initial obligation of funds for any such
foundation or similar entity pursuant to the authorities of
this subsection, other than for administrative support, the
Secretary of State shall take steps to ensure, on an ongoing
basis, that any such funds made available pursuant to such
authorities are not provided to or through any individual or
group that the management of the foundation or similar entity
knows or has reason to believe, advocates, plans, sponsors, or
otherwise engages in terrorist activities: Provided further,
That section 530 of this Act shall apply to any such foundation
or similar entity established pursuant to this subsection:
Provided further, That the authority of the Foundation, or any
similar entity, to provide assistance shall cease to be
effective on September 30, 2010.
(l) Extension of Authority.--(1) Section 21(h)(1)(A) of the
Arms Export Control Act (22 U.S.C. 2761(h)(1)(A)) is amended by
inserting after ``North Atlantic Treaty Organization'' the
following: ``or the Governments of Australia, New Zealand,
Japan, or Israel''.
(2) Section 21(h)(2) of the Arms Export Control Act
(22 U.S.C. 2761(h)(2) is amended by striking ``or to
any member government that Organization if that
Organization or member government'' and inserting the
following: ``, to any member of that Organization, or
to the Governments of Australia, New Zealand, Japan, or
Israel if that Organization, member government, or the
Governments of Australia, New Zealand, Japan, or
Israel''.
(3) Section 541 of the Foreign Assistance Act of
1961 (22 U.S.C. 2347) is amended--
(A) in the first sentence, by striking
``The President'' and inserting ``(a) The
President''; and
(B) by adding at the end the following new
subsection:
``(b) The President shall seek reimbursement for military
education and training furnished under this chapter from
countries using assistance under section 23 of the Arms Export
Control Act (22 U.S.C. 2763, relating to the Foreign Military
Financing Program) to purchase such military education and
training at a rate comparable to the rate charged to countries
receiving grant assistance for military education and training
under this chapter.''.
(m) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and
2005'' and inserting ``2005, and 2006''; and
(B) in subsection (e), by striking ``2005''
each place it appears and inserting ``2006'';
and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2005'' and inserting
``2006''.
ARAB LEAGUE BOYCOTT OF ISRAEL
Sec. 535. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have
commercial ties with Israel, is an impediment to peace
in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) all Arab League states should normalize
relations with their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress
annually on specific steps being taken by the United
States to encourage Arab League states to normalize
their relations with Israel to bring about the
termination of the Arab League boycott of Israel,
including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and
penalizing businesses that do comply.
ELIGIBILITY FOR ASSISTANCE
Sec. 536. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'':
Provided, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of
those committees, including a description of the program to be
assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in
this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary
sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2006, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
RESERVATIONS OF FUNDS
Sec. 537. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with the
earmark is made impossible by operation of any provision of
this or any other Act: Provided, That any such reprogramming
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds appropriated
by this Act and administered by the United States Agency for
International Development that are earmarked for particular
programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator of
such agency determines and reports promptly to the Committees
on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it
unlikely that such earmarked funds can be obligated during the
original period of availability: Provided, That such earmarked
funds that are continued available for an additional fiscal
year shall be obligated only for the purpose of such earmark.
CEILINGS AND EARMARKS
Sec. 538. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such Act
specifically so directs. Earmarks or minimum funding
requirements contained in any other Act shall not be applicable
to funds appropriated by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
Sec. 539. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $25,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
Sec. 540. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961, the
costs for participation of another country's delegation at
international conferences held under the auspices of
multilateral or international organizations.
NONGOVERNMENTAL ORGANIZATIONS--DOCUMENTATION
Sec. 541. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL
MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
Sec. 542. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
6(j) of the Export Administration Act of 1979. The prohibition
under this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever the waiver authority of subsection (b) is
exercised, the President shall submit to the appropriate
congressional committees a report with respect to the
furnishing of such assistance. Any such report shall include a
detailed explanation of the assistance to be provided,
including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States
national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL PROPERTY TAXES
OWED BY FOREIGN COUNTRIES
Sec. 543. (a) Subject to subsection (c), of the funds
appropriated by this Act that are made available for assistance
for a foreign country, an amount equal to 110 percent of the
total amount of the unpaid fully adjudicated parking fines and
penalties and unpaid property taxes owed by the central
government of such country shall be withheld from obligation
for assistance for the central government of such country until
the Secretary of State submits a certification to the
appropriate congressional committees stating that such parking
fines and penalties and unpaid property taxes are fully paid.
(b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities
funded by this Act, after consultation with and subject to the
regular notification procedures of the appropriate
congressional committees, provided that no such funds shall be
made available for assistance for the central government of a
foreign country that has not paid the total amount of the fully
adjudicated parking fines and penalties and unpaid property
taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements
set forth in subsection (a) with respect to parking fines and
penalties no sooner than 60 days from the date of enactment of
this Act, or at any time with respect to a particular country,
if the Secretary determines that it is in the national
interests of the United States to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property
taxes if the Secretary of State determines that it is in the
national interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of
the waiver authority in subsection (d), the Secretary of State,
after consultations with the City of New York, shall submit a
report to the Committees on Appropriations describing a
strategy, including a timetable and steps currently being
taken, to collect the parking fines and penalties and unpaid
property taxes and interest owed by nations receiving foreign
assistance under this Act.
(f) In this section:
(1) The term ``appropriate congressional
committees'' means the Committee on Appropriations of
the Senate and the Committee on Appropriations of the
House of Representatives.
(2) The term ``fully adjudicated'' includes
circumstances in which the person to whom the vehicle
is registered--
(A)(i) has not responded to the parking
violation summons; or
(ii) has not followed the appropriate
adjudication procedure to challenge the
summons; and
(B) the period of time for payment of or
challenge to the summons has lapsed.
(3) The term ``parking fines and penalties'' means
parking fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1,
1997, through September 30, 2005.
(4) The term ``unpaid property taxes'' means the
amount of unpaid taxes and interest determined to be
owed by a foreign country on real property in the
District of Columbia or New York, New York in a court
order or judgment entered against such country by a
court of the United States or any State or subdivision
thereof.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA
Sec. 544. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the Middle
East Peace Facilitation Act of 1995 (title VI of Public Law
104-107) or any other legislation to suspend or make
inapplicable section 307 of the Foreign Assistance Act of 1961
and that suspension is still in effect: Provided, That if the
President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank and
Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
Sec. 545. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal
with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That the drawdown made under this section for
any tribunal shall not be construed as an endorsement or
precedent for the establishment of any standing or permanent
international criminal tribunal or court: Provided further,
That funds made available for tribunals other than Yugoslavia,
Rwanda, or the Special Court for Sierra Leone shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
LANDMINES
Sec. 546. Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and used
in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
Sec. 547. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new
office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza
and Jericho or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles:
Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate
General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of
the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should continue
to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects
with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have
incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
Sec. 548. None of the funds appropriated or otherwise made
available by this Act under the heading ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Child Survival and Health Programs Fund'',
``Development Assistance'', and ``Economic Support Fund'' may
be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
but not limited to entrance fees at sporting events,
theatrical and musical productions, and amusement
parks.
HAITI
Sec. 549. (a) Of the funds appropriated by this Act, the
following amounts shall be made available for assistance for
Haiti--
(1) $20,000,000 from ``Child Survival and Health
Programs Fund'';
(2) $30,000,000 from ``Development Assistance'';
(3) $50,000,000 from ``Economic Support Fund'';
(4) $15,000,000 from ``International Narcotics
Control and Law Enforcement'';
(5) $1,000,000 from ``Foreign Military Financing
Program''; and
(6) $215,000 from ``International Military
Education and Training''.
(b) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the Coast Guard.
(c) None of the funds made available in this Act under the
heading ``International Narcotics Control and Law Enforcement''
may be used to transfer excess weapons, ammunition or other
lethal property of an agency of the United States Government to
the Government of Haiti for use by the Haitian National Police
until the Secretary of State certifies to the Committees on
Appropriations that: (1) the United Nations Mission in Haiti
(MINUSTAH) has carried out the vetting of the senior levels of
the Haitian National Police and has ensured that those credibly
alleged to have committed serious crimes, including drug
trafficking and human rights violations, have been suspended;
and (2) the Transitional Haitian National Government is
cooperating in a reform and restructuring plan for the Haitian
National Police and the reform of the judicial system as called
for in United Nations Security Council Resolution 1608 adopted
on June 22, 2005.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
Sec. 550. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the
Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives and the President pro
tempore of the Senate that waiving such prohibition is
important to the national security interests of the United
States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the steps
the Palestinian Authority has taken to arrest terrorists,
confiscate weapons and dismantle the terrorist infrastructure.
The report shall also include a description of how funds will
be spent and the accounting procedures in place to ensure that
they are properly disbursed.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
Sec. 551. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign
country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights,
unless the Secretary determines and reports to the Committees
on Appropriations that the government of such country is taking
effective measures to bring the responsible members of the
security forces unit to justice: Provided, That nothing in this
section shall be construed to withhold funds made available by
this Act from any unit of the security forces of a foreign
country not credibly alleged to be involved in gross violations
of human rights: Provided further, That in the event that funds
are withheld from any unit pursuant to this section, the
Secretary of State shall promptly inform the foreign government
of the basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security
forces to justice.
FOREIGN MILITARY TRAINING REPORT
Sec. 552. The annual foreign military training report
required by section 656 of the Foreign Assistance Act of 1961
shall be submitted by the Secretary of Defense and the
Secretary of State to the Committees on Appropriations of the
House of Representatives and the Senate by the date specified
in that section.
AUTHORIZATION REQUIREMENT
Sec. 553. Funds appropriated by this Act, except funds
appropriated under the headings ``Trade and Development
Agency'', ``Overseas Private Investment Corporation'', and
``Global HIV/AIDS Initiative'', may be obligated and expended
notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956.
CAMBODIA
Sec. 554. (a)(1) None of the funds appropriated by this Act
may be made available for assistance for the Central Government
of Cambodia.
(2) Paragraph (1) shall not apply to assistance for basic
education, reproductive and maternal and child health, cultural
and historic preservation, programs for the prevention,
treatment, and control of, and research on, HIV/AIDS,
tuberculosis, malaria, polio and other infectious diseases,
development and implementation of legislation and
implementation of procedures on inter-country adoptions
consistent with international standards, rule of law programs,
counternarcotics programs, programs to combat human trafficking
that are provided through nongovernmental organizations, anti-
corruption programs, and for the Ministry of Women and Veterans
Affairs to combat human trafficking.
(b) Notwithstanding any provision of this or any other Act,
of the funds appropriated by this Act under the heading
``Economic Support Fund'', $15,000,000 shall be made available
for activities to support democracy, the rule of law, and human
rights, including assistance for democratic political parties
in Cambodia.
(c) Funds appropriated by this Act to carry out provisions
of section 541 of the Foreign Assistance Act of 1961 may be
made available notwithstanding subsection (a).
PALESTINIAN STATEHOOD
Sec. 555. (a) Limitation on Assistance.--None of the funds
appropriated by this Act may be provided to support a
Palestinian state unless the Secretary of State determines and
certifies to the appropriate congressional committees that--
(1) a new leadership of a Palestinian governing
entity has been democratically elected through credible
and competitive elections;
(2) the elected governing entity of a new
Palestinian state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to
counter terrorism and terrorist financing in
the West Bank and Gaza, including the
dismantling of terrorist infrastructures;
(C) is establishing a new Palestinian
security entity that is cooperative with
appropriate Israeli and other appropriate
security organizations; and
(3) the Palestinian Authority (or the governing
body of a new Palestinian state) is working with other
countries in the region to vigorously pursue efforts to
establish a just, lasting, and comprehensive peace in
the Middle East that will enable Israel and an
independent Palestinian state to exist within the
context of full and normal relationships, which should
include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and
political independence of every state in the
area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within
secure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the newly-elected governing entity should enact a constitution
assuring the rule of law, an independent judiciary, and respect
for human rights for its citizens, and should enact other laws
and regulations assuring transparent and accountable
governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is vital to the national security interests
of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or a newly-elected
governing entity, in order to help meet the requirements of
subsection (a), consistent with the provisions of section 550
of this Act (``Limitation on Assistance to the Palestinian
Authority'').
COLOMBIA
Sec. 556. (a) Determination and Certification Required.--
Funds appropriated by this Act that are available for
assistance for the Colombian Armed Forces, may be made
available as follows:
(1) Up to 75 percent of such funds may be obligated
prior to a determination and certification by the
Secretary of State pursuant to paragraph (2).
(2) Up to 12.5 percent of such funds may be
obligated only after the Secretary of State certifies
and reports to the appropriate congressional committees
that:
(A) The Commander General of the Colombian
Armed Forces is suspending from the Armed
Forces those members, of whatever rank who,
according to the Minister of Defense or the
Procuraduria General de la Nacion, have been
credibly alleged to have committed gross
violations of human rights, including extra-
judicial killings, or to have aided or abetted
paramilitary organizations.
(B) The Colombian Government is vigorously
investigating and prosecuting those members of
the Colombian Armed Forces, of whatever rank,
who have been credibly alleged to have
committed gross violations of human rights,
including extra-judicial killings, or to have
aided or abetted paramilitary organizations,
and is promptly punishing those members of the
Colombian Armed Forces found to have committed
such violations of human rights or to have
aided or abetted paramilitary organizations.
(C) The Colombian Armed Forces have made
substantial progress in cooperating with
civilian prosecutors and judicial authorities
in such cases (including providing requested
information, such as the identity of persons
suspended from the Armed Forces and the nature
and cause of the suspension, and access to
witnesses, relevant military documents, and
other requested information).
(D) The Colombian Armed Forces have made
substantial progress in severing links
(including denying access to military
intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or
tacit cooperation) at the command, battalion,
and brigade levels, with paramilitary
organizations, especially in regions where
these organizations have a significant
presence.
(E) The Colombian Government is dismantling
paramilitary leadership and financial networks
by arresting commanders and financial backers,
especially in regions where these networks have
a significant presence.
(F) The Colombian Government is taking
effective steps to ensure that the Colombian
Armed Forces are not violating the land and
property rights of Colombia's indigenous
communities.
(3) The balance of such funds may be obligated
after July 31, 2006, if the Secretary of State
certifies and reports to the appropriate congressional
committees, after such date, that the Colombian Armed
Forces are continuing to meet the conditions contained
in paragraph (2) and are conducting vigorous operations
to restore government authority and respect for human
rights in areas under the effective control of
paramilitary and guerrilla organizations.
(b) Congressional Notification.--Funds made available by
this Act for the Colombian Armed Forces shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(c) Consultative Process.--Not later than 60 days after the
date of enactment of this Act, and every 90 days thereafter
until September 30, 2007, the Secretary of State shall consult
with internationally recognized human rights organizations
regarding progress in meeting the conditions contained in
subsection (a).
(d) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or
abetted'' means to provide any support to paramilitary
groups, including taking actions which allow,
facilitate, or otherwise foster the activities of such
groups.
(2) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal
security cooperatives.
ILLEGAL ARMED GROUPS
Sec. 557. (a) Denial of Visas to Supporters of Colombian
Illegal Armed Groups.--Subject to subsection (b), the Secretary
of State shall not issue a visa to any alien who the Secretary
determines, based on credible evidence--
(1) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), or the United Self-
Defense Forces of Colombia (AUC), including taking
actions or failing to take actions which allow,
facilitate, or otherwise foster the activities of such
groups; or
(2) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross
violations of human rights, including extra-judicial
killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the
Secretary of State determines and certifies to the appropriate
congressional committees, on a case-by-case basis, that the
issuance of a visa to the alien is necessary to support the
peace process in Colombia or for urgent humanitarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
Sec. 558. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
WEST BANK AND GAZA PROGRAM
Sec. 559. (a) Oversight.--For fiscal year 2006, 30 days
prior to the initial obligation of funds for the bilateral West
Bank and Gaza Program, the Secretary of State shall certify to
the appropriate committees of Congress that procedures have
been established to assure the Comptroller General of the
United States will have access to appropriate United States
financial information in order to review the uses of United
States assistance for the Program funded under the heading
``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual, private or
government entity, or educational institution that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity.
The Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which he has
determined to be involved in or advocating terrorist activity.
(c) Prohibition.--None of the funds appropriated by this
Act for assistance under the West Bank and Gaza program may be
made available for the purpose of recognizing or otherwise
honoring individuals who commit, or have committed, acts of
terrorism.
(d) Audits.--
(1) The Administrator of the United States Agency
for International Development shall ensure that Federal
or non-Federal audits of all contractors and grantees,
and significant subcontractors and subgrantees, under
the West Bank and Gaza Program, are conducted at least
on an annual basis to ensure, among other things,
compliance with this section.
(2) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made
available for assistance for the West Bank and Gaza, up
to $1,000,000 may be used by the Office of the
Inspector General of the United States Agency for
International Development for audits, inspections, and
other activities in furtherance of the requirements of
this subsection. Such funds are in addition to funds
otherwise available for such purposes.
(e) Subsequent to the certification specified in subsection
(a), the Comptroller General of the United States shall conduct
an audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza Program
in fiscal year 2006 under the heading ``Economic Support
Fund''. The audit shall address--
(1) the extent to which such Program complies with
the requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and
activities carried out under such Program, including
both obligations and expenditures.
(f) Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees
on Appropriations updating the report contained in section 2106
of chapter 2 of title II of Public Law 109-13.
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
Sec. 560. (a) Limitations on Amount of Contribution.--Of
the amounts made available under ``International Organizations
and Programs'' and ``Child Survival and Health Programs Fund''
for fiscal year 2006, $34,000,000 shall be made available for
the United Nations Population Fund (hereafter in this section
referred to as the ``UNFPA''): Provided, That of this amount,
not less than $22,500,000 shall be derived from funds
appropriated under the heading ``International Organizations
and Programs''.
(b) Availability of Funds.--Funds appropriated under the
heading ``International Organizations and Programs'' in this
Act that are available for UNFPA, that are not made available
for UNFPA because of the operation of any provision of law,
shall be transferred to ``Child Survival and Health Programs
Fund'' and shall be made available for family planning,
maternal, and reproductive health activities, subject to the
regular notification procedures of the Committees on
Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available under ``International Organizations and
Programs'' may be made available for the UNFPA for a country
program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Amounts made
available under ``International Organizations and Programs''
for fiscal year 2006 for the UNFPA may not be made available to
UNFPA unless--
(1) the UNFPA maintains amounts made available to
the UNFPA under this section in an account separate
from other accounts of the UNFPA;
(2) the UNFPA does not commingle amounts made
available to the UNFPA under this section with other
sums; and
(3) the UNFPA does not fund abortions.
WAR CRIMINALS
Sec. 561. (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any new
project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'')
all persons in their territory who have been indicted by the
Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access
for investigators to archives and witnesses, the
provision of documents, and the surrender and transfer
of indictees or assistance in their apprehension; and
(2) are acting consistently with the Dayton
Accords.
(c) Not less than 10 days before any vote in an
international financial institution regarding the extension of
any new project involving financial or technical assistance or
grants to any country or entity described in subsection (a),
the Secretary of the Treasury, in consultation with the
Secretary of State, shall provide to the Committees on
Appropriations a written justification for the proposed
assistance, including an explanation of the United States
position regarding any such vote, as well as a description of
the location of the proposed assistance by municipality, its
purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult
with representatives of human rights organizations and all
government agencies with relevant information to help prevent
indicted war criminals from benefiting from any financial or
technical assistance or grants provided to any country or
entity described in subsection (a).
(e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
(f) Definitions.--As used in this section:
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the
Federation of Bosnia and Herzegovina, Kosovo,
Montenegro and the Republika Srpska.
(3) Municipality.--The term ``municipality'' means
a city, town or other subdivision within a country or
entity as defined herein.
(4) Dayton accords.--The term ``Dayton Accords''
means the General Framework Agreement for Peace in
Bosnia and Herzegovina, together with annexes relating
thereto, done at Dayton, November 10 through 16, 1995.
USER FEES
Sec. 562. The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) and the International
Monetary Fund to oppose any loan, grant, strategy or policy of
these institutions that would require user fees or service
charges on poor people for primary education or primary
healthcare, including prevention and treatment efforts for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal
well-being, in connection with the institutions' financing
programs.
FUNDING FOR SERBIA
Sec. 563. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia
after May 31, 2006, if the President has made the determination
and certification contained in subsection (c).
(b) After May 31, 2006, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of Serbia and Montenegro subject
to the conditions in subsection (c): Provided, That section 576
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, as amended, shall not apply
to the provision of loans and assistance to the Government of
Serbia and Montenegro through international financial
institutions.
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of Serbia and Montenegro is--
(1) cooperating with the International Criminal
Tribunal for the former Yugoslavia including access for
investigators, the provision of documents, and the
surrender and transfer of indictees or assistance in
their apprehension, including Ratko Mladic and Radovan
Karadzic, unless the Secretary of State determines and
reports to the Committees on Appropriations that these
individuals are no longer residing in Serbia;
(2) taking steps that are consistent with the
Dayton Accords to end Serbian financial, political,
security and other support which has served to maintain
separate Republika Srpska institutions; and
(3) taking steps to implement policies which
reflect a respect for minority rights and the rule of
law.
(d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy.
COMMUNITY-BASED POLICE ASSISTANCE
Sec. 564. (a) Authority.--Funds made available by this Act
to carry out the provisions of chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, may be
used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights, the
rule of law, strategic planning, and through assistance to
foster civilian police roles that support democratic governance
including assistance for programs to prevent conflict, respond
to disasters, address gender-based violence, and foster
improved police relations with the communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
SPECIAL DEBT RELIEF FOR THE POOREST
Sec. 565. (a) Authority To Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of the
United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of
the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the
Arms Export Control Act; or
(3) any obligation or portion of such obligation,
to pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of
the Agricultural Trade Act of 1978, as amended (Public
Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt
relief and referendum agreements, commonly referred to
as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy
debt burdens that are eligible to borrow from the
International Development Association, but not from the
International Bank for Reconstruction and Development,
commonly referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security
forces) does not engage in a consistent pattern of
gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for the purposes of any provision of law limiting assistance to
a country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
Sec. 566. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law, the
President may, in accordance with this section, sell to
any eligible purchaser any concessional loan or portion
thereof made before January 1, 1995, pursuant to the
Foreign Assistance Act of 1961, to the government of
any eligible country as defined in section 702(6) of
that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the
difference between the price paid for such debt
and the face value of such debt, to support
activities that link conservation and
sustainable use of natural resources with local
community development, and child survival and
other child development, in a manner consistent
with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction,
or cancellation would not contravene any term
or condition of any prior agreement relating to
such loan.
(2) Terms and conditions.--Notwithstanding any
other provision of law, the President shall, in
accordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or
canceled pursuant to this section.
(3) Administration.--The Facility, as defined in
section 702(8) of the Foreign Assistance Act of 1961,
shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign
Assistance Act of 1961 of purchasers that the President
has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such
agency shall make adjustment in its accounts to reflect
the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection
shall be available only to the extent that
appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the President
should consult with the country concerning the amount of loans
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
BASIC EDUCATION
Sec. 567. Of the funds appropriated by title II of this
Act, not less than $465,000,000 shall be made available for
basic education, of which not less than $250,000 shall be
provided to the Comptroller General of the United States to
prepare an analysis of United States funded international basic
education programs, which should be submitted to the Committees
on Appropriations by May 1, 2006.
RECONCILIATION PROGRAMS
Sec. 568. Of the funds appropriated under the heading
``Economic Support Fund'', not less than $15,000,000 should be
made available to support reconciliation programs and
activities which bring together individuals of different
ethnic, religious, and political backgrounds from areas of
civil conflict and war.
SUDAN
Sec. 569. (a) Availability of Funds.--Of the funds
appropriated under the heading ``Development Assistance'' up to
$70,000,000 may be made available for assistance for Sudan, of
which not to exceed $6,000,000 may be made available for
administrative expenses of the United States Agency for
International Development associated with assistance programs
for Sudan.
(b) Limitation on Assistance.--Subject to subsection (c):
(1) Notwithstanding section 501(a) of the
International Malaria Control Act of 2000 (Public Law
106-570) or any other provision of law, none of the
funds appropriated by this Act may be made available
for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may
be made available for the cost, as defined in section
502, of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees held by the
Government of Sudan, including the cost of selling,
reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees,
and credit agreements.
(c) Subsection (b) shall not apply if the Secretary of
State determines and certifies to the Committees on
Appropriations that--
(1) the Government of Sudan has taken significant
steps to disarm and disband government-supported
militia groups in the Darfur region;
(2) the Government of Sudan and all government-
supported militia groups are honoring their commitments
made in the cease-fire agreement of April 8, 2004; and
(3) the Government of Sudan is allowing unimpeded
access to Darfur to humanitarian aid organizations, the
human rights investigation and humanitarian teams of
the United Nations, including protection officers, and
an international monitoring team that is based in
Darfur and that has the support of the United States.
(d) Exceptions.--The provisions of subsection (b) shall not
apply to--
(1) humanitarian assistance;
(2) assistance for Darfur and for areas outside the
control of the Government of Sudan; and
(3) assistance to support implementation of the
Comprehensive Peace Agreement.
(e) Definitions.--For the purposes of this Act and section
501 of Public Law 106-570, the terms ``Government of Sudan'',
``areas outside of control of the Government of Sudan'', and
``area in Sudan outside of control of the Government of Sudan''
shall have the same meaning and application as was the case
immediately prior to June 5, 2004, and, Southern Kordofan/Nuba
Mountains State, Blue Nile State and Abyei shall be deemed
``areas outside of control of the Government of Sudan''.
TRADE CAPACITY BUILDING
Sec. 570. Of the funds appropriated by this Act, under the
headings ``Trade and Development Agency'', ``Development
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Affairs Technical Assistance'', and
``International Organizations and Programs'', not less than
$522,000,000 should be made available for trade capacity
building assistance: Provided, That $20,000,000 of the funds
appropriated in this Act under the heading ``Economic Support
Fund'' shall be made available for labor and environmental
capacity building activities relating to the free trade
agreement with the countries of Central America and the
Dominican Republic.
EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN COUNTRIES AND
CERTAIN OTHER COUNTRIES
Sec. 571. Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year
2006, funds available to the Department of Defense may be
expended for crating, packing, handling, and transportation of
excess defense articles transferred under the authority of
section 516 of such Act to Albania, Afghanistan, Bulgaria,
Croatia, Estonia, Former Yugoslavian Republic of Macedonia,
Georgia, India, Iraq, Kazakhstan, Kyrgyzstan, Latvia,
Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
ZIMBABWE
Sec. 572. The Secretary of the Treasury shall instruct the
United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule of
law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
GENDER-BASED VIOLENCE
Sec. 573. Programs funded under titles II and III of this
Act that provide training for foreign police, judicial, and
military officials, shall include, where appropriate, programs
and activities that address gender-based violence.
LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN FOREIGN
GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL CRIMINAL COURT
Sec. 574. (a) None of the funds made available in this Act
in title II under the heading ``Economic Support Fund'' may be
used to provide assistance to the government of a country that
is a party to the International Criminal Court and has not
entered into an agreement with the United States pursuant to
Article 98 of the Rome Statute preventing the International
Criminal Court from proceeding against United States personnel
present in such country.
(b) The President may, with prior notice to Congress, waive
the prohibition of subsection (a) with respect to a North
Atlantic Treaty Organization (``NATO'') member country, a major
non-NATO ally (including Australia, Egypt, Israel, Japan,
Jordan, Argentina, the Republic of Korea, and New Zealand),
Taiwan, or such other country as he may determine if he
determines and reports to the appropriate congressional
committees that it is important to the national interests of
the United States to waive such prohibition.
(c) The President may, with prior notice to Congress, waive
the prohibition of subsection (a) with respect to a particular
country if he determines and reports to the appropriate
congressional committees that such country has entered into an
agreement with the United States pursuant to Article 98 of the
Rome Statute preventing the International Criminal Court from
proceeding against United States personnel present in such
country.
(d) The prohibition of this section shall not apply to
countries otherwise eligible for assistance under the
Millennium Challenge Act of 2003, notwithstanding section
606(a)(2)(B) of such Act.
(e) Funds appropriated for fiscal year 2005 under the
heading ``Economic Support Fund'' may be made available for
democracy and rule of law programs and activities,
notwithstanding the provisions of section 574 of division D of
Public Law 108-447.
TIBET
Sec. 575. (a) The Secretary of the Treasury should instruct
the United States executive director to each international
financial institution to use the voice and vote of the United
States to support projects in Tibet if such projects do not
provide incentives for the migration and settlement of non-
Tibetans into Tibet or facilitate the transfer of ownership of
Tibetan land and natural resources to non-Tibetans; are based
on a thorough needs-assessment; foster self-sufficiency of the
Tibetan people and respect Tibetan culture and traditions; and
are subject to effective monitoring.
(b) Notwithstanding any other provision of law, not less
than $4,000,000 of the funds appropriated by this Act under the
heading ``Economic Support Fund'' should be made available to
nongovernmental organizations to support activities which
preserve cultural traditions and promote sustainable
development and environmental conservation in Tibetan
communities in the Tibetan Autonomous Region and in other
Tibetan communities in China, and not less than $250,000 should
be made available to the National Endowment for Democracy for
human rights and democracy programs relating to Tibet.
CENTRAL AMERICA
Sec. 576. (a) Of the funds appropriated by this Act under
the headings ``Child Survival and Health Programs Fund'' and
``Development Assistance'', not less than the amount of funds
initially allocated pursuant to section 653(a) of the Foreign
Assistance Act of 1961 for fiscal year 2005 should be made
available for El Salvador, Guatemala, Nicaragua and Honduras.
(b) In addition to the amounts requested under the heading
``Economic Support Fund'' for assistance for Nicaragua and
Guatemala in fiscal year 2006, not less than $1,500,000 should
be made available for electoral assistance, media and civil
society programs, and activities to combat corruption and
strengthen democracy in Nicaragua, and not less than $1,500,000
should be made available for programs and activities to combat
organized crime, crimes of violence specifically targeting
women, and corruption in Guatemala.
(c) Funds made available pursuant to subsection (b) shall
be subject to prior consultation with the Committees on
Appropriations.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
Sec. 577. (a) Authority.--Up to $75,000,000 of the funds
made available in this Act to carry out the provisions of part
I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe
and the Baltic States'', may be used by the United States
Agency for International Development (USAID) to hire and employ
individuals in the United States and overseas on a limited
appointment basis pursuant to the authority of sections 308 and
309 of the Foreign Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal
year pursuant to the authority contained in subsection
(a) may not exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2008.
(c) Conditions.--The authority of subsection (a) may only
be used to the extent that an equivalent number of positions
that are filled by personal services contractors or other
nondirect-hire employees of USAID, who are compensated with
funds appropriated to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under the
heading ``Assistance for Eastern Europe and the Baltic
States'', are eliminated.
(d) Priority Sectors.--In exercising the authority of this
section, primary emphasis shall be placed on enabling USAID to
meet personnel positions in technical skill areas currently
encumbered by contractor or other nondirect-hire personnel.
(e) Consultations.--The USAID Administrator shall consult
with the Committees on Appropriations at least on a quarterly
basis concerning the implementation of this section.
(f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which such individual's
responsibilities primarily relate. Funds made available to
carry out this section may be transferred to and merged and
consolidated with funds appropriated for ``Operating Expenses
of the United States Agency for International Development''.
(g) Management Reform Pilot.--Of the funds made available
in subsection (a), USAID may use, in addition to funds
otherwise available for such purposes, up to $10,000,000 to
fund overseas support costs of members of the Foreign Service
with a Foreign Service rank of four or below: Provided, That
such authority is only used to reduce USAID's reliance on
overseas personal services contractors or other nondirect-hire
employees compensated with funds appropriated to carry out part
I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe
and the Baltic States''.
(h) Disaster Surge Capacity.--Funds appropriated by this
Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for
Eastern Europe and the Baltic States'', may be used, in
addition to funds otherwise available for such purposes, for
the cost (including the support costs) of individuals detailed
to or employed by the United States Agency for International
Development whose primary responsibility is to carry out
programs in response to natural disasters.
HIPC DEBT REDUCTION
Sec. 578. Section 501(b) of H.R. 3425, as enacted into law
by section 1000(a)(5) of division B of Public Law 106-113 (113
Stat. 1501A-311), is amended by adding at the end the following
new paragraph:
``(5) The Act of March 11, 1941 (chapter 11; 55
Stat. 31; 22 U.S.C. 411 et seq.; commonly known as the
`Lend-Lease Act').''.
OPIC TRANSFER AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
Sec. 579. Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of
1961, up to a total of $20,000,000 of the funds appropriated
under title II of this Act may be transferred to and merged
with funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the
terms and conditions of that account: Provided, That such funds
shall not be available for administrative expenses of the
Overseas Private Investment Corporation: Provided further, That
funds earmarked by this Act shall not be transferred pursuant
to this section: Provided further, That the exercise of such
authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
LIMITATION ON FUNDS RELATING TO ATTENDANCE OF FEDERAL EMPLOYEES AT
CONFERENCES OCCURRING OUTSIDE THE UNITED STATES
Sec. 580. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of agencies or departments of the United
States Government who are stationed in the United States, at
any single international conference occurring outside the
United States, unless the Secretary of State determines that
such attendance is in the national interest: Provided, That for
purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the
United States Government and representatives of foreign
governments, international organizations, or nongovernmental
organizations.
LIMITATION ON ASSISTANCE TO FOREIGN COUNTRIES THAT REFUSE TO EXTRADITE
TO THE UNITED STATES ANY INDIVIDUAL ACCUSED IN THE UNITED STATES OF
KILLING A LAW ENFORCEMENT OFFICER
Sec. 581. None of the funds made available in this Act for
the Department of State may be used to provide assistance to
the central government of a country which has notified the
Department of State of its refusal to extradite to the United
States any individual indicted in the United States for killing
a law enforcement officer, as specified in a United States
extradition request, unless the Secretary of State certifies to
the Committees on Appropriations in writing that the
application of the restriction to a country or countries is
contrary to the national interest of the United States.
PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI ARABIA
Sec. 582. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance any assistance to Saudi Arabia: Provided, That the
President may waive the prohibition of this section if he
certifies to the Committees on Appropriations, 15 days prior to
the obligation of funds for assistance for Saudi Arabia, that
Saudi Arabia is cooperating with efforts to combat
international terrorism and that the proposed assistance will
help facilitate that effort.
GOVERNMENTS THAT HAVE FAILED TO PERMIT CERTAIN EXTRADITIONS
Sec. 583. None of the funds made available in this Act for
the Department of State, other than funds provided under the
heading ``International Narcotics Control and Law
Enforcement'', may be used to provide assistance to the central
government of a country with which the United States has an
extradition treaty and which government has notified the
Department of State of its refusal to extradite to the United
States any individual indicted for a criminal offense for which
the maximum penalty is life imprisonment without the
possibility of parole, unless the Secretary of State certifies
to the Committees on Appropriations in writing that the
application of this restriction to a country or countries is
contrary to the national interest of the United States.
REPORTING REQUIREMENT
Sec. 584. The Secretary of State shall provide the
Committees on Appropriations, not later than April 1, 2006, and
for each fiscal quarter, a report in writing on the uses of
funds made available under the headings ``Foreign Military
Financing Program'', ``International Military Education and
Training'', and ``Peacekeeping Operations'': Provided, That
such report shall include a description of the obligation and
expenditure of funds, and the specific country in receipt of,
and the use or purpose of the assistance provided by such
funds.
ENVIRONMENT PROGRAMS
Sec. 585. (a) Funding.--Of the funds appropriated under the
heading ``Development Assistance'', not less than $165,500,000
shall be made available for programs and activities which
directly protect biodiversity, including forests, in developing
countries, of which not less than $10,000,000 should be made
available to implement the United States Agency for
International Development's biodiversity conservation strategy
for the Amazon basin, which amount shall be in addition to the
amounts requested for biodiversity activities in these
countries in fiscal year 2006: Provided, That of the funds
appropriated by this Act, not less than $17,500,000 should be
made available for the Congo Basin Forest Partnership of which
not less than $2,500,000 should be made available to the United
States Fish and Wildlife Service for the protection of great
apes in Central Africa: Provided further, That of the funds
appropriated by this Act, not less than $180,000,000 shall be
made available to support clean energy and other climate change
policies and programs in developing countries, of which
$100,000,000 should be made available to directly promote and
deploy energy conservation, energy efficiency, and renewable
and clean energy technologies, and of which the balance should
be made available to directly: (1) measure, monitor, and reduce
greenhouse gas emissions; (2) increase carbon sequestration
activities; and (3) enhance climate change mitigation and
adaptation programs.
(b) Climate Change Report.--Not later than 60 days after
the date on which the President's fiscal year 2007 budget
request is submitted to Congress, the President shall submit a
report to the Committees on Appropriations describing in detail
the following--
(1) all Federal agency obligations and
expenditures, domestic and international, for climate
change programs and activities in fiscal year 2006,
including an accounting of expenditures by agency with
each agency identifying climate change activities and
associated costs by line item as presented in the
President's Budget Appendix; and
(2) all fiscal year 2005 obligations and estimated
expenditures, fiscal year 2006 estimated expenditures
and estimated obligations, and fiscal year 2007
requested funds by the United States Agency for
International Development, by country and central
program, for each of the following: (i) to promote the
transfer and deployment of a wide range of United
States clean energy and energy efficiency technologies;
(ii) to assist in the measurement, monitoring,
reporting, verification, and reduction of greenhouse
gas emissions; (iii) to promote carbon capture and
sequestration measures; (iv) to help meet such
countries' responsibilities under the Framework
Convention on Climate Change; and (v) to develop
assessments of the vulnerability to impacts of climate
change and mitigation and adaptation response
strategies.
(c) Extraction of Natural Resources.--
(1) The Secretary of the Treasury shall inform the
managements of the international financial institutions
and the public that it is the policy of the United
States that any assistance by such institutions
(including but not limited to any loan, credit, grant,
or guarantee) for the extraction and export of oil,
gas, coal, timber, or other natural resource should not
be provided unless the government of the country has in
place or is taking the necessary steps to establish
functioning systems for: (A) accurately accounting for
revenues and expenditures in connection with the
extraction and export of the type of natural resource
to be extracted or exported; (B) the independent
auditing of such accounts and the widespread public
dissemination of the audits; and (C) verifying
government receipts against company payments including
widespread dissemination of such payment information,
and disclosing such documents as Host Government
Agreements, Concession Agreements, and bidding
documents, allowing in any such dissemination or
disclosure for the redaction of, or exceptions for,
information that is commercially proprietary or that
would create competitive disadvantage.
(2) Not later than 180 days after the enactment of
this Act, the Secretary of the Treasury shall submit a
report to the Committees on Appropriations describing,
for each international financial institution, the
amount and type of assistance provided, by country, for
the extraction and export of oil, gas, coal, timber, or
other national resource since September 30, 2005.
UZBEKISTAN
Sec. 586. Assistance may be provided to the central
Government of Uzbekistan only if the Secretary of State
determines and reports to the Committees on Appropriations that
the Government of Uzbekistan is making substantial and
continuing progress in meeting its commitments under the
``Declaration on the Strategic Partnership and Cooperation
Framework Between the Republic of Uzbekistan and the United
States of America'', including respect for human rights,
establishing a genuine multi-party system, and ensuring free
and fair elections, freedom of expression, and the independence
of the media, and that a credible international investigation
of the May 31, 2005, shootings in Andijan is underway with the
support of the Government of Uzbekistan: Provided, That for the
purposes of this section ``assistance'' shall include excess
defense articles.
CENTRAL ASIA
Sec. 587. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan only
if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Kazakhstan
has made significant improvements in the protection of human
rights during the preceding 6 month period.
(b) The Secretary of State may waive subsection (a) if he
determines and reports to the Committees on Appropriations that
such a waiver is important to the national security of the
United States.
(c) Not later than October 1, 2006, the Secretary of State
shall submit a report to the Committees on Appropriations and
the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives describing the following:
(1) The defense articles, defense services, and
financial assistance provided by the United States to
the countries of Central Asia during the 6-month period
ending 30 days prior to submission of such report.
(2) The use during such period of defense articles,
defense services, and financial assistance provided by
the United States by units of the armed forces, border
guards, or other security forces of such countries.
(d) Prior to the initial obligation of assistance for the
Government of Kyrgyzstan, the Secretary of State shall submit a
report to the Committees on Appropriations describing (1)
whether the Government of Kyrgyzstan is forcibly returning
Uzbeks who have fled violence and political persecution, in
violation of the 1951 Geneva Convention relating to the status
of refugees, and the Convention Against Torture and Other Forms
of Cruel, Inhuman, or Degrading Treatment; (2) efforts made by
the United States to prevent such returns; and (3) the response
of the Government of Kyrgyzstan.
(e) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.
DISABILITY PROGRAMS
Sec. 588. (a) Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $4,000,000
shall be made available for programs and activities
administered by the United States Agency for International
Development (USAID) to address the needs and protect the rights
of people with disabilities in developing countries.
(b) Funds appropriated under the heading ``Operating
Expenses of the United States Agency for International
Development'' shall be made available to develop and implement
training for staff in overseas USAID missions to promote the
full inclusion and equal participation of people with
disabilities in developing countries.
(c) The Secretary of State, the Secretary of the Treasury,
and the Administrator of USAID shall seek to ensure that, where
appropriate, construction projects funded by this Act are
accessible to people with disabilities and in compliance with
the USAID Policy on Standards for Accessibility for the
Disabled, or other similar accessibility standards.
(d) Of the funds made available pursuant to subsection (a),
not more than 7 percent may be for management, oversight and
technical support.
(e) Not later than 180 days after the date of enactment of
this Act, and 180 days thereafter, the Administrator of USAID
shall submit a report describing the programs, activities, and
organizations funded pursuant to this section.
DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN
FEDERATION
Sec. 589. None of the funds appropriated for assistance
under this Act may be made available for the Government of the
Russian Federation, after 180 days from the date of the
enactment of this Act, unless the President determines and
certifies in writing to the Committees on Appropriations that
the Government of the Russian Federation has implemented no
statute, Executive order, regulation or similar government
action that would discriminate, or which has as its principal
effect discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms
to which the Russian Federation is a party.
WAR CRIMES IN AFRICA
Sec. 590. (a) The Congress reaffirms its support for the
efforts of the International Criminal Tribunal for Rwanda
(ICTR) and the Special Court for Sierra Leone (SCSL) to bring
to justice individuals responsible for war crimes and crimes
against humanity in a timely manner.
(b) Funds appropriated by this Act, including funds for
debt restructuring, may be made available for assistance to the
central government of a country in which individuals indicted
by ICTR and SCSL are credibly alleged to be living, if the
Secretary of State determines and reports to the Committees on
Appropriations that such government is cooperating with ICTR
and SCSL, including the surrender and transfer of indictees in
a timely manner: Provided, That this subsection shall not apply
to assistance provided under section 551 of the Foreign
Assistance Act of 1961 or to project assistance under title II
of this Act: Provided further, That the United States shall use
its voice and vote in the United Nations Security Council to
fully support efforts by ICTR and SCSL to bring to justice
individuals indicted by such tribunals in a timely manner.
(c) The prohibition in subsection (b) may be waived on a
country by country basis if the President determines that doing
so is in the national security interest of the United States:
Provided, That prior to exercising such waiver authority, the
President shall submit a report to the Committees on
Appropriations, in classified form if necessary, on: (1) the
steps being taken to obtain the cooperation of the government
in surrendering the indictee in question to the court of
jurisdiction; (2) a strategy, including a timeline, for
bringing the indictee before such court; and (3) the
justification for exercising the waiver authority.
(d) Notwithstanding subsections (b) and (c), assistance may
be made available for the central Government of Nigeria after
120 days following enactment of this Act only if the President
submits a report to the Committees on Appropriations, in
classified form if necessary, on: (1) the steps taken in fiscal
years 2003, 2004 and 2005 to obtain the cooperation of the
Government of Nigeria in surrendering Charles Taylor to the
SCSL; and (2) a strategy, including a timeline, for bringing
Charles Taylor before the SCSL.
SECURITY IN ASIA
Sec. 591. (a) Of the funds appropriated under the heading
``Foreign Military Financing Program'', not less than the
following amounts shall be made available to enhance security
in Asia, consistent with democratic principles and the rule of
law--
(1) $30,000,000 for assistance for the Philippines;
(2) $1,000,000 for assistance for Indonesia;
(3) $1,000,000 for assistance for Bangladesh;
(4) $3,000,000 for assistance for Mongolia;
(5) $1,500,000 for assistance for Thailand;
(6) $1,000,000 for assistance for Sri Lanka;
(7) $1,000,000 for assistance for Cambodia;
(8) $500,000 for assistance for Fiji; and
(9) $250,000 for assistance for Tonga.
(b) In addition to amounts appropriated elsewhere in this
Act, $10,000,000 is hereby appropriated for ``Foreign Military
Financing Program'': Provided, That these funds shall be
available only to assist the Philippines in addressing the
critical deficiencies identified in the Joint Defense
Assessment of 2003.
(c) Funds made available for assistance for Indonesia
pursuant to subsection (a) may only be made available for the
Indonesian Navy, notwithstanding section 599F of this Act:
Provided, That such funds shall only be made available subject
to the regular notification procedures of the Committees on
Appropriations.
(d) Funds made available for assistance for Cambodia
pursuant to subsection (a) shall be made available
notwithstanding section 554 of this Act: Provided, That such
funds shall only be made available subject to the regular
notification procedures of the Committees on Appropriations.
NEPAL
Sec. 592. (a) Funds appropriated under the heading
``Foreign Military Financing Program'' may be made available
for assistance for Nepal only if the Secretary of State
certifies to the Committees on Appropriations that the
Government of Nepal, including its security forces, has
restored civil liberties, is protecting human rights, and has
demonstrated, through dialogue with Nepal's political parties,
a commitment to a clear timetable to restore multi-party
democratic government consistent with the 1990 Nepalese
Constitution.
(b) The Secretary of State may waive the requirements of
this section if the Secretary certifies to the Committees on
Appropriations that to do so is in the national security
interests of the United States.
NEGLECTED DISEASES
Sec. 593. Of the funds appropriated under the heading
``Child Survival and Health Programs Fund'', not less than
$15,000,000 shall be made available to support an integrated
response to the control of neglected diseases including
intestinal parasites, schistosomiasis, lymphatic filariasis,
onchocerciasis, trachoma and leprosy: Provided, That the
Administrator of the United States Agency for International
Development shall consult with the Committees on
Appropriations, representatives from the relevant international
technical and nongovernmental organizations addressing the
specific diseases, recipient countries, donor countries, the
private sector, UNICEF and the World Health Organization (1) on
the most effective uses of such funds to demonstrate the health
and economic benefits of such an approach, and (2) to develop a
multilateral, integrated initiative to control these diseases
that will enhance coordination and effectiveness and maximize
the leverage of United States contributions with those of other
donors: Provided further, That funds made available pursuant to
this section shall be subject to the regular notification
procedures of the Committees on Appropriations.
ORPHANS, DISPLACED AND ABANDONED CHILDREN
Sec. 594. Of the funds appropriated under title II of this
Act, not less than $3,000,000 should be made available for
activities to improve the capacity of foreign government
agencies and nongovernmental organizations to prevent child
abandonment, address the needs of orphans, displaced and
abandoned children and provide permanent homes through family
reunification, guardianship and domestic adoptions: Provided,
That funds made available under title II of this Act should be
made available, as appropriate, consistent with--
(1) the goal of enabling children to remain in the
care of their family of origin, but when not possible,
placing children in permanent homes through adoption;
(2) the principle that such placements should be
based on informed consent which has not been induced by
payment or compensation;
(3) the view that long-term foster care or
institutionalization are not permanent options and
should be used when no other suitable permanent options
are available; and
(4) the recognition that programs that protect and
support families can reduce the abandonment and
exploitation of children.
ADVISOR FOR INDIGENOUS PEOPLES ISSUES
Sec. 595. (a) After consultation with the Committees on
Appropriations and not later than 120 days after enactment of
this Act, the Administrator of the United States Agency for
International Development shall designate an ``Advisor for
Indigenous Peoples Issues'' whose responsibilities shall
include--
(1) consulting with representatives of indigenous
peoples organizations;
(2) ensuring that the rights and needs of
indigenous peoples are being respected and addressed in
United States Agency for International Development
policies, programs and activities;
(3) monitoring the design and implementation of
United States Agency for International Development
policies, programs and activities which affect
indigenous peoples; and
(4) coordinating with other Federal agencies on
relevant issues relating to indigenous peoples.
STATEMENT
Sec. 596. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries in
the amounts contained in the respective tables included in the
report accompanying this Act:
``Child Survival and Health Programs Fund''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic
States''.
``Assistance for the Independent States of the
Former Soviet Union''.
``Global HIV/AIDS Initiative''.
``Democracy Fund''.
``International Narcotics Control and Law
Enforcement''.
``Andean Counterdrug Initiative''.
``Nonproliferation, Anti-Terrorism, Demining and
Related Programs''.
``Foreign Military Financing Program''.
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the accompanying report shall be
subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
COMBATTING PIRACY OF UNITED STATES COPYRIGHTED MATERIALS
Sec. 597. (a) Program Authorized.--The Secretary of State
may carry out a program of activities to combat piracy in
countries that are not members of the Organization for Economic
Cooperation and Development (OECD), including activities as
follows:
(1) The provision of equipment and training for law
enforcement, including in the interpretation of
intellectual property laws.
(2) The provision of training for judges and
prosecutors, including in the interpretation of
intellectual property laws.
(3) The provision of assistance in complying with
obligations under applicable international treaties and
agreements on copyright and intellectual property.
(b) Consultation With World Intellectual Property
Organization.--In carrying out the program authorized by
subsection (a), the Secretary shall, to the maximum extent
practicable, consult with and provide assistance to the World
Intellectual Property Organization in order to promote the
integration of countries described in subsection (a) into the
global intellectual property system.
(c) Funding.--Of the amount appropriated or otherwise made
available under the heading ``International Narcotics Control
and Law Enforcement'', $5,000,000 may be made available in
fiscal year 2006 for the program authorized by subsection (a).
MALARIA
Sec. 598. Of the funds appropriated under the heading
``Child Survival and Health Programs Fund'', not less than
$100,000,000 should be made available for programs and
activities to combat malaria: Provided, That such funds should
be made available in accordance with country strategic plans
incorporating best public health practices, which should
include considerable support for the purchase of commodities
and equipment including: (1) insecticides for indoor residual
spraying that are proven to reduce the transmission of malaria;
(2) pharmaceuticals that are proven effective treatments to
combat malaria; (3) long-lasting insecticide-treated nets used
to combat malaria; and (4) other activities to strengthen the
public health capacity of malaria-affected countries: Provided
further, That no later than 90 days after the date of enactment
of this Act, and every 90 days thereafter until September 30,
2006, the Administrator of the United States Agency for
International Development shall submit to the Committees on
Appropriations a report describing in detail expenditures to
combat malaria during fiscal year 2006.
OVERSIGHT OF IRAQ RECONSTRUCTION
Sec. 599. Subsection (o) of section 3001 of the Emergency
Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-
106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note), as
amended by section 1203(j) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 2081), is amended by striking ``obligated'' and
inserting ``expended''.
NONPROLIFERATION AND COUNTERPROLIFERATION EFFORTS
Sec. 599A. Funds appropriated under title II under the
heading ``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'' may be made available to the Under Secretary
of State for Arms Control and International Security for use in
certain nonproliferation efforts and counterproliferation
efforts such as increased voluntary dues to the International
Atomic Energy Agency and Proliferation Security Initiative
activities.
PROMOTION OF POLICY GOALS AT MULTILATERAL DEVELOPMENT BANKS
Sec. 599B. Title XV of the International Financial
Institutions Act (22 U.S.C. 262o, et seq.) is amended by adding
at the end the following:
``SEC. 1505. PROMOTION OF POLICY GOALS.
``(a) The Secretary of the Treasury shall instruct the
United States Executive Director at each multilateral
development bank to inform each such bank and the executive
directors of each such bank of the policy of the United States
as set out in this section and to actively promote this policy
and the goals set forth in section 1504 of this Act. It is the
policy of the United States that each bank should--
``(1) require the bank's employees, officers and
consultants to make an annual disclosure of their
financial interests and income and of any other
potential source of conflict of interest;
``(2) link project and program design and results
to management and staff performance appraisals,
salaries, and bonuses;
``(3) implement voluntary disclosure programs for
firms and individuals participating in projects
financed by such bank;
``(4) ensure that all loan, credit, guarantee, and
grant documents and other agreements with borrowers
include provisions for the financial resources and
conditionality necessary to ensure that a person or
country that obtains financial support from a bank
complies with applicable bank policies and national and
international laws in carrying out the terms and
conditions of such documents and agreements, including
bank policies and national and international laws
pertaining to the comprehensive assessment and
transparency of the activities related to access to
information, public health, safety, and environmental
protection;
``(5) implement clear anti-corruption procedures
setting forth the circumstances under which a person
will be barred from receiving a loan, contract, grant,
guarantee or credit from such bank, make such
procedures available to the public, and make the
identity of such person available to the public;
``(6) coordinate policies across multilateral
development banks on issues including debarment, cross-
debarment, procurement guidelines, consultant
guidelines, and fiduciary standards so that a person
that is debarred by one such bank is subject to a
rebuttable presumption of ineligibility to conduct
business with any other such bank during the specific
ineligibility period;
``(7) require each bank borrower and grantee and
each bidder, supplier and contractor for MDB projects
to comply with the highest standard of ethics
prohibiting coercive, collusive, corrupt and fraudulent
practices, such as are defined in the World Bank's
Procurement Guidelines of May, 2004;
``(8) maintain a functionally independent
Investigations Office, Auditor General Office and
Evaluation Office that are free from interference in
determining the scope of investigations (including
forensic audits), internal auditing (including
assessments of management controls for meeting
operational objectives and complying with bank
policies), performing work and communicating results,
and that regularly report to such bank's board of
directors and, as appropriate and in a manner
consistent with such functional independence of the
Investigations Office and the Auditor General Office,
to the bank's President;
``(9) require that each candidate for adjustment or
budget support loans demonstrate transparent budgetary
and procurement processes including budget publication
and public scrutiny prior to loan or grant approval;
``(10) require that for each project where
compensation is to be provided to persons adversely
affected by the project, such persons have recourse to
an impartial and responsive mechanism to receive and
resolve complaints. The mechanism should be easily
accessible to all segments of the affected community
without impeding access to other judicial or
administrative remedies and without retribution;
``(11) implement best practices in domestic laws
and international conventions against corruption for
whistleblower and witness disclosures and protections
against retaliation for internal and lawful public
disclosures by the bank's employees and others affected
by such bank's operations who challenge illegality or
other misconduct that could threaten the bank's
mission, including (1) best practices for legal burdens
of proof, (2) access to independent adjudicative
bodies, including external arbitration based on
consensus selection and shared costs, and (3) results
that eliminate the effects of proven retaliation; and
``(12) require, to the maximum extent possible,
that all draft country strategies are issued for public
consideration no less than 45 days before the country
strategy is considered by the multilateral development
bank board of directors.
``(b) The Secretary of the Treasury shall, beginning thirty
days after the enactment of this Act and within sixty calendar
days of the meeting of the respective bank's Board of Directors
at which such decisions are made, publish on the Department of
the Treasury website a statement or explanation of the United
States position on decisions related to (1) operational
policies; and (2) any proposal which would result or be likely
to result in a significant effect on the environment.
``(c) In this section the term `multilateral development
bank' has the meaning given that term in section 1307 of the
International Financial Institutions Act (22 U.S.C. 262m-7) and
also includes the European Bank for Reconstruction and
Development and the Global Environment Facility.''.
AUTHORIZATIONS
Sec. 599C. (a) To authorize the United States participation
in and appropriations for the United States contribution to the
fourteenth replenishment of the resources of the International
Development Association, the International Development
Association Act, Public Law 86-565, as amended (22 U.S.C. 284,
et seq.), is further amended by adding at the end thereof the
following new section:
``SEC. 23. FOURTEENTH REPLENISHMENT.
``(a) The United States Governor of the International
Development Association is authorized to contribute on behalf
of the United States $2,850,000,000 to the fourteenth
replenishment of the resources of the Association, subject to
obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $2,850,000,000
for payment by the Secretary of the Treasury.''.
(b) To authorize the United States participation in and
appropriations for the United States contribution to the tenth
replenishment of the resources of the African Development Fund,
the African Development Fund Act, Public Law 94-302, as amended
(22 U.S.C. 290g, et seq.), is further amended by adding at the
end thereof the following new section:
``SEC. 218. TENTH REPLENISHMENT.
``(a) The United States Governor of the Fund is authorized
to contribute on behalf of the United States $407,000,000 to
the tenth replenishment of the resources of the Fund, subject
to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $407,000,000 for
payment by the Secretary of the Treasury.''.
(c) To authorize the United States participation in and
appropriations for the United States contribution to the eighth
replenishment of the resources of the Asian Development Fund,
the Asian Development Fund Act, Public Law 92-245, as amended
(22 U.S.C. 285, et seq.), is further amended by adding at the
end thereof the following new section:
``SEC. 32. EIGHTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized
to contribute on behalf of the United States $461,000,000 to
the eighth replenishment of the resources of the Fund, subject
to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $461,000,000 for
payment by the Secretary of the Treasury.''.
ANTICORRUPTION PROVISIONS
Sec. 599D. Twenty percent of the funds appropriated by this
Act under the heading ``International Development
Association'', shall be withheld from disbursement until the
Secretary of the Treasury certifies to the appropriate
congressional committees that--
(1) World Bank procurement guidelines are applied
to all procurement financed in whole or in part by a
loan from the International Bank for Reconstruction and
Development (IBRD) or a credit agreement or grant from
the International Development Association (IDA);
(2) the World Bank proposal ``Increasing the Use of
Country Systems in Procurement'' dated March 2005 has
been withdrawn;
(3) the World Bank is maintaining a strong central
procurement office staffed with senior experts who are
designated to address commercial concerns, questions,
and complaints regarding procurement procedures and
payments under IDA and IBRD projects;
(4) thresholds for international competitive
bidding are established to maximize international
competitive bidding in accordance with sound
procurement practices, including transparency,
competition, and cost-effective results for the
Borrowers;
(5) all tenders under the World Bank's national
competitive bidding provisions are subject to the same
advertisement requirements as tenders under
international competitive bidding; and
(6) loan agreements are made public between the
World Bank and the Borrowers.
ASSISTANCE FOR DEMOBILIZATION AND DISARMAMENT OF FORMER IRREGULAR
COMBATANTS IN COLOMBIA
Sec. 599E. (a) Availability of Funds.--Of the funds
appropriated in this Act, up to $20,000,000 may be made
available in fiscal year 2006 for assistance for the
demobilization and disarmament of former members of foreign
terrorist organizations (FTOs) in Colombia, specifically the
United Self-Defense Forces of Colombia (AUC), the Revolutionary
Armed Forces of Colombia (FARC) and the National Liberation
Army (ELN), if the Secretary of State makes a certification
described in subsection (b) to the appropriate congressional
committees prior to the initial obligation of amounts for such
assistance for the fiscal year involved.
(b) Certification.--A certification described in this
subsection is a certification that--
(1) assistance for the fiscal year will be provided
only for individuals who have (A) verifiably renounced
and terminated any affiliation or involvement with FTOs
or other illegal armed groups, and (B) are meeting all
the requirements of the Colombia Demobilization
Program, including having disclosed their involvement
in past crimes and their knowledge of the FTO's
structure, financing sources, illegal assets, and the
location of kidnapping victims and bodies of the
disappeared;
(2) the Government of Colombia is providing full
cooperation to the Government of the United States to
extradite the leaders and members of the FTOs who have
been indicted in the United States for murder,
kidnapping, narcotics trafficking, and other violations
of United States law;
(3) the Government of Colombia is implementing a
concrete and workable framework for dismantling the
organizational structures of foreign terrorist
organizations; and
(4) funds shall not be made available as cash
payments to individuals and are available only for
activities under the following categories:
verification, reintegration (including training and
education), vetting, recovery of assets for reparations
for victims, and investigations and prosecutions.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations and the
Committee on International Relations of the
House of Representatives; and
(B) the Committee on Appropriations and the
Committee on Foreign Relations of the Senate.
(2) Foreign terrorist organization.--The term
``foreign terrorist organization'' means an
organization designated as a terrorist organization
under section 219 of the Immigration and Nationality
Act.
INDONESIA
Sec. 599F. (a) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for Indonesia, and licenses may be
issued for the export of lethal defense articles for the
Indonesian Armed Forces, only if the Secretary of State
certifies to the appropriate congressional committees that--
(1) the Indonesian Government is prosecuting and
punishing, in a manner proportional to the crime,
members of the Armed Forces who have been credibly
alleged to have committed gross violations of human
rights;
(2) at the direction of the President of Indonesia,
the Armed Forces are cooperating with civilian judicial
authorities and with international efforts to resolve
cases of gross violations of human rights in East Timor
and elsewhere; and
(3) at the direction of the President of Indonesia,
the Government of Indonesia is implementing reforms to
improve civilian control of the military.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on
Appropriations that to do so is in the national security
interests of the United States.
REPORT ON INDONESIAN COOPERATION
Sec. 599G. Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations that describes--
(1) the status of the investigation of the murders
of two United States citizens and one Indonesian
citizen that occurred on August 31, 2002 in Timika,
Indonesia, the status of any individuals indicted
within the United States or Indonesia for crimes
relating to those murders, and the status of judicial
proceedings relating to those murders;
(2) the efforts by the Government of Indonesia to
arrest individuals indicted for crimes relating to
those murders and any other actions taken by the
Government of Indonesia, including the Indonesian
judiciary, police and Armed Forces, to bring the
individuals responsible for those murders to justice;
and
(3) the cooperation provided by the Government of
Indonesia, including the Indonesian judiciary, police
and Armed Forces, to requests related to those murders
made by the Secretary of State or the Director of the
Federal Bureau of Investigation.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006''.
And the Senate agree to the same.
That the Senate recede from its amendment to the title of
the bill.
Jim Kolbe,
Jerry Lewis,
Joe Knollenberg,
Mark Steven Kirk,
Ander Crenshaw,
Don Sherwood,
John E. Sweeney,
Dennis Rehberg,
John Carter,
Nita M. Lowey,
David R. Obey,
Jesse L. Jackson, Jr.,
Carolyn C. Kilpatrick,
Steven R. Rothman,
Chaka Fattah,
Managers on the Part of the House.
Mitch McConnell,
Arlen Specter,
Judd Gregg,
Richard Shelby,
Robert F. Bennett,
Christopher Bond,
Mike DeWine,
Sam Brownback,
Thad Cochran,
Patrick J. Leahy,
Daniel Inouye,
Tom Harkin,
Barbara A. Mikulski,
Dick Durbin,
Tim Johnson,
Mary L. Landrieu,
Robert C. Byrd,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The committee of conference on the disagreeing votes of
the two Houses on the amendments of the Senate to the bill
(H.R. 3057), ``making appropriations for foreign operations,
export financing, and related programs for the fiscal year
ending September 30, 2006, and for other purposes'', submits
the following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
conferees and recommended in the accompanying conference
report.
The conference agreement incorporates some of the
provisions of both the House and Senate versions of the bill.
The statement of the managers remains silent on provisions that
were in both the House bill and Senate bill that remain
substantially unchanged by the conference agreement.
The language set forth in House Report 109-152 and Senate
Report 109-96 should be complied with unless specifically
addressed in the accompanying bill and statement of the
managers to the contrary. The statement of the managers, while
repeating some report language for emphasis or clarification,
does not intend to negate the language in either the House or
Senate reports unless expressly addressed herein.
Conference Agreement
[Budget authority in thousands of dollars]
Conference agreement
Title I--Export and Investment Assistance:
Export Import Bank.................................. 100,000
Export Import Bank Admin Expenses................... 73,200
Export Import Bank Inspector General................ 1,000
Export Import Bank negative subsidy................. -35,000
OPIC Administrative expenses........................ 42,274
OPIC Credit subsidy................................. 20,276
OPIC offsetting collections......................... -240,000
Trade and Development Agency........................ 50,900
--------------------------------------------------------
____________________________________________________
Subtotal, Title I............................... 12,650
========================================================
____________________________________________________
Title II--Bilateral Economic Assistance:
Child Survival and health programs fund............. 1,585,000
Development Assistance.............................. 1,524,000
International Disaster Assistance................... 365,000
Transition Initiatives.............................. 40,000
Development Credit Program (by transfer)............ 21,000
Administrative expenses............................. 8,000
Payment to the Foreign Service Retirement and
Disability Fund (mandatory)....................... 41,700
Operating expenses of USAID......................... 630,000
Capital investment fund............................. 70,000
Operating Expenses of USAID Inspector General....... 36,000
Economic Support Fund............................... 2,634,000
International Fund for Ireland...................... 13,500
Assistance to Eastern Europe and the Baltic States.. 361,000
Assistance for the Independent States of the Former
Soviet Union...................................... 514,000
Inter-American Foundation........................... 19,500
African Development Foundation...................... 23,000
Peace Corps......................................... 322,000
Millennium Challenge Corporation.................... 1,770,000
Global HIV/AIDS Initiative.......................... 1,995,000
Democracy Fund...................................... 95,000
International Narcotics Control..................... 477,200
Andean Counterdrug Initiative....................... 734,500
Migration and Refugee Assistance.................... 791,000
United States Emergency Refugee and Migration
Assistance Fund................................... 30,000
Nonproliferation, Anti-terrorism, and Demining...... 410,100
International affairs technical assistance.......... 20,000
Debt Restructuring.................................. 65,000
--------------------------------------------------------
____________________________________________________
Subtotal, Title II (Discretionary).............. 14,532,800
Subtotal, Title II (Mandatory).................. 41,700
--------------------------------------------------------
____________________________________________________
Subtotal, Title II.............................. 14,574,500
========================================================
____________________________________________________
Title III--Military Assistance
International Military Education and Training....... 86,744
Foreign Military Financing.......................... 4,500,000
Peacekeeping Operations............................. 175,000
--------------------------------------------------------
____________________________________________________
Subtotal, Title III............................. 4,761,744
========================================================
____________________________________________________
Title IV--Multilateral Economic Assistance:
Global Environment Facility......................... 80,000
International Development Association............... 950,000
Multilateral Investment Guarantee Agency............ 1,300
Multilateral Investment Fund........................ 1,742
Inter-American Investment Corporation............... 1,742
Asian Development Fund.............................. 100,000
African Development Bank............................ 3,638
African Development Fund............................ 135,700
European Bank for Reconstruction and Development.... 1,016
International Fund for Agriculture.................. 15,000
International Organizations and Programs............ 329,458
--------------------------------------------------------
____________________________________________________
Subtotal, Title IV.............................. 1,619,596
========================================================
____________________________________________________
Title V--General Provisions:
Section 6084, ``Security in Asia''.................. 10,000
--------------------------------------------------------
____________________________________________________
Subtotal, Title V............................... 10,000
========================================================
____________________________________________________
Discretionary total......................... 20,936,548
Mandatory total............................. 41,700
========================================================
____________________________________________________
Total, Foreign Operations................. 20,978,490
Once again, the conferees include a significant increase
to fight HIV/AIDS, tuberculosis (TB), and malaria. This funding
is appropriated in several accounts and is summarized in the
chart below. Narratives for the specific diseases are under the
headings ``Child Survival and Health Programs Fund'' and
``Global HIV/AIDS Initiative''.
The conferees include a total of $2,820,000,000 for HIV/
AIDS, TB, and malaria, $268,000,000 over the President's
request and $629,000,000 over the fiscal year 2005 level. This
figure does not include significant funding anticipated to be
appropriated for the Department of Health and Human Services or
the United States share of HIV/AIDS assistance through the
World Bank Group.
FUNDING FOR HIV/AIDS, TUBERCULOSIS AND MALARIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Fiscal year
Fiscal year 2006
Disease/account 2006 conference
request agreement
------------------------------------------------------------------------
HIV/AIDS...................................... 2,341,040 2,426,600
Child Survival and Health Programs Fund... 386,000 490,000
Global HIV/AIDS Initiative................ 1,926,000 1,907,000
Economic Support Fund..................... 3,700 4,000
Assistance for Eastern Europe and the 1,560 1,600
Baltic States............................
Assistance for the Independent States of 21,800 22,000
the Former Soviet Union..................
Foreign Military Financing................ 1,980 2,000
Tuberculosis.................................. 88,586 150,900
Global HIV/AIDS Initiative................ 13,000 26,000
Child Survival and Health Programs Fund... 63,000 112,500
Economic Support Fund..................... 1,900 2,000
Assistance for Eastern Europe and the 386 400
Baltic States............................
Assistance for the Independent States of 10,300 10,000
the Former Soviet Union..................
Malaria....................................... 122,500 242,500
Child Survival and Health Programs Fund... 90,000 177,500
Global HIV/AIDS Initiative................ 31,000 62,000
Economic Support Fund..................... 1,500 3,000
Total......................................... 2,552,126 2,820,000
Of which, for the Global Fund to Fight 200,000 450,000
AIDS, Tuberculosis and Malaria \1\.......
------------------------------------------------------------------------
\1\ The contribution to the Global Fund has been allocated among the
diseases in proportion to the Global Fund's grant portfolio.
The conference agreement makes available $450,000,000 for
the United States contribution to the Global Fund to Fight
AIDS, TB and Malaria (Global Fund), $250,000,000 from the
``Child Survival and Health Programs Fund'' and $200,000,000
from the ``Global HIV/AIDS Initiative'' account. The disease
amounts for ``Child Survival and Health Programs Fund'' and
``Global HIV/AIDS Initiative'' in the table above include the
amount of the Global Fund contribution from those accounts
estimated to be dedicated to those diseases, using Global Fund
grant trend data.
The fiscal year 2006 budget request for these accounts
included $200,000,000 for a United States contribution to the
Global Fund: $100,000,000 from the ``Global HIV/AIDS
Initiative'' account and $100,000,000 from the ``Child Survival
and Health Programs Fund'' account. The President requested an
additional $100,000,000 from the accounts which appropriate
funding for the Department of Health and Human Services.
BUDGET JUSTIFICATION MATERIALS
The conferees agree with the direction of the Senate with
respect to submission of a report on a proposal to improve
budget justification material submitted with the fiscal year
2007 budget request. The conferees agree that the State
Department should submit proposals as recommended by the Senate
to the Committees on Appropriations no later than December 15,
2005.
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
The conference agreement includes a first-time
appropriation of $1,000,000 for an Office of Inspector General.
The conferees expect the position of Inspector General to be
filled as expeditiously as possible.
The conference agreement provides $100,000,000 for the
subsidy appropriation. The conferees expect that there will be
no reduction in Export-Import Bank activity levels due to the
extraordinarily high level of carryover balances in fiscal year
2006, which totals approximately $320,000,000.
The conference agreement provides $73,200,000 for
administrative expenses.
The conferees agree the Export-Import Bank should act
promptly on all requests for assistance from United States
exporters that meet the Bank's criteria for credit worthiness,
export additionality, foreign competition and net benefit to
the United States economy. The conferees do not require from
the Bank an explanation for rejections of requests for
assistance from any specific United States industry. The
conferees direct the Export-Import Bank to report by March 31,
2006 on all applications received in fiscal year 2005 and a
summary of actions undertaken by the Bank with regard to such
applications.
Overseas Private Investment Corporation
The conferees direct the President of the Overseas
Private Investment Corporation (OPIC) to continue current
policy and consult with the Committees on Appropriations before
any future financing for non-governmental organizations or
private and voluntary organizations is approved.
Trade and Development Agency
The conference agreement provides $50,900,000 for the
Trade and Development Agency (TDA).
The conferees provide $1,500,000 for TDA to conduct an
international aviation security and safety program to enhance
the capabilities of foreign civil aviation authorities. The
conferees believe this program will have the most impact if a
substantial portion is implemented through a cooperative
agreement between TDA and a non-profit aviation organization
with relevant experience in development and training programs
that assist countries in meeting their obligations for
international aviation security and safety standards.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
United States Agency for International Development
Child Survival and Health Programs Fund
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $1,585,000,000 for the
``Child Survival and Health Programs Fund'' instead of
$1,497,000,000 as proposed by the House or $1,659,000,000 as
proposed by the Senate. The conference agreement includes not
to exceed $350,000 for monitoring and oversight as proposed by
the Senate, rather than $250,000 as proposed by the House.
As in previous years, the conference agreement includes
language allocating the ``Child Survival and Health Programs
Fund'' among six program categories. A definition of program
categories and their components can be found on pages 9 through
11 of House Report 107-142 and under the heading ``Family
Planning/Reproductive Health'' on page 12 of Senate Report 107-
58.
Funds in this account are allocated in the following
table and, as stipulated in section 596, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Child Survival and Health Programs Fund
[Budget authority in thousands of dollars]
Conference agreement
Child Survival/Maternal Health.......................... 360,000
(The Vaccine Fund).................................. [70,000]
Vulnerable Children..................................... 30,000
Family Planning/Reproductive Health..................... 375,000
HIV/AIDS................................................ 350,000
Microbicides........................................ [40,000]
IAVI................................................ [29,000]
Other Infectious Diseases............................... 220,000
TB.................................................. [80,000]
Malaria............................................. [100,000]
Surveillance/OID.................................... [25,000]
Neglected Diseases.................................. [15,000]
Global Fund to Fight AIDS, Tuberculosis and Malaria..... 250,000
--------------------------------------------------------
____________________________________________________
Total........................................... 1,585,000
A table describing HIV/AIDS, TB, and malaria allocations
by account is at the beginning of this statement of the
managers. Again this year, no funding for HIV/AIDS programs in
the 15 Emergency Plan for AIDS Relief ``focus'' countries is
appropriated in this account. Funding for the ``focus''
countries is appropriated under the heading ``Global HIV/AIDS
Initiative''. The narrative for HIV/AIDS funding is under the
heading ``Global HIV/AIDS Initiative''.
THE GLOBAL FUND
The conference agreement includes a total of $450,000,000
for the Global Fund: $250,000,000 from this account, and
$200,000,000 from the Global HIV/AIDS Initiative account.
The conferees note that, of the funding committed by the
Global Fund to recipient countries, approximately 56 percent
will be for HIV/AIDS interventions, 31 percent for malaria
interventions, and 13 percent for TB or combined TB/AIDS
interventions. The conferees have used these percentages to
estimate the portion of the United States contribution to the
Global Fund that is likely to be attributed for each disease.
TUBERCULOSIS
The conference agreement provides a total of $150,900,000
for TB assistance. Of this amount, $80,000,000 is funded
through the ``other infectious diseases'' allocation in this
account, an estimated $12,400,000 from other bilateral
accounts, and $58,500,000 through the contribution to the
Global Fund.
MALARIA
For malaria, the conference agreement provides a total of
$242,500,000. Of this amount, it is expected that $139,500,000
of the contribution to the Global Fund will fund malaria
programs, $100,000,000 is funded through the ``other infectious
diseases'' allocation in this account, and an estimated
$3,000,000 is provided from other bilateral accounts. The
conferees have long been concerned by the mortality and
morbidity caused by this disease, and have made available more
than $657,500,000 since 2001 to fight malaria, consistently
more each year than requested by the President.
The conferees include section 598, similar to a Senate
provision, which requires that bilateral malaria funds made
available in this Act are spent in a coordinated, transparent
manner on effective anti-malarial programs. The conferees urge
the United States Agency for International Development (USAID)
to work with host country health authorities, other donors, and
multilateral institutions to develop, where they do not already
exist, country-level malaria plans with clearly delineated
roles and responsibilities. These plans should include specific
indicators, procedures to measure progress toward those
indicators, and mechanisms to track the disbursement of funds.
Where appropriate, the plans should include significant
support for the purchase of commodities, including bednets and
pharmaceutical products. In accordance with these strategies,
USAID's malaria programming should be provided for activities
that maximize the effectiveness of United States assistance
dollars in mitigating the effects of malaria.
Section 598 also requires USAID to submit quarterly
reports delineating expenditures to fight malaria. These
reports should include indicators for USAID's programming,
progress toward those indicators, and how USAID programming
fits within country-level malaria strategic plans.
NEGLECTED DISEASES
The conferees are aware that certain neglected diseases
cause debilitating illness and disfigurement among hundreds of
millions of people in mostly tropical countries, and that
medicines exist to either prevent or cure most of these
diseases. In section 593, the conference agreement includes a
provision similar to a Senate amendment which provides
$15,000,000 for an integrated approach to the control of
neglected diseases. The conferees direct USAID to consult
broadly to ensure the most effective uses of these funds and
develop a multilateral mechanism to implement an integrated
initiative to control these diseases, enhance coordination and
effectiveness and maximize donor contributions. The
Administrator of USAID should consult with the Committees on
Appropriations before a mechanism is chosen. Until such a
mechanism is available, the Administrator should develop and
implement the program through existing bilateral and
multilateral mechanisms.
RESEARCH AND DEVELOPMENT
The conferees note that USAID is developing a ``Research
and Development'' strategy. In doing so for fiscal year 2006,
USAID shall program not less than $40,000,000 for microbicides,
including up to $3,000,000 for the International Partnership
for Microbicides, and $29,000,000 for the International AIDS
Vaccine Initiative. Additional organizations and amounts are
specified in the House and Senate reports.
AVIAN INFLUENZA
The conferees believe that strengthening international
surveillance, reporting, and response capacity is the
foundation of preventing and responding to an outbreak of avian
influenza in the United States. Congress provided $25,000,000
in Public Law 109-13 for the first step of the multi-year
effort necessary to address the threat posed by an avian
influenza pandemic, and the conferees expect the Administration
to submit requests for further funds for this priority in
future appropriations Acts.
Development Assistance
The conference agreement provides $1,524,000,000 for
``Development Assistance''.
The conference agreement includes $214,000,000 for trade
capacity building under this heading, of which at least
$20,000,000 shall be made available for labor and environmental
capacity building related to the free trade agreement with the
countries of Central America and the Dominican Republic. Trade
capacity building is further addressed in section 570 of the
general provisions.
The conference agreement provides $365,000,000 for basic
education, including adult literacy programs, under this
heading. The conference agreement addresses this matter further
in section 567 of the general provisions.
The conferees provide $15,000,000 for a program in Africa
regarding school fees. This program is in addition to last
year's provision of a similar amount.
The conference agreement provides $15,000,000 for
programs to improve women's leadership capacity in recipient
countries. The conferees recommend $11,500,000 for USAID's
Office of Women in Development, and note that the additional
$500,000 above the level recommended in the Senate report
should enable the office to begin conducting gender assessments
in select country missions.
The conference agreement provides $200,000,000 of the
aggregated amounts in the Act for drinking water supply and
related projects, of which not less than $50,000,000 should be
available for drinking water projects in Africa. The conference
agreement includes language similar to that proposed by the
Senate, recommending $20,000,000 for clean water treatment
activities in developing countries.
The conferees support the fertilizer-related research and
development work being conducted by the International
Fertilizer Development Center (IFDC) and urge USAID to make at
least $4,000,000 available to IFDC, including not less than
$2,300,000 for its core grant, as provided under the Senate
amendment. The House did not address this matter.
The conference agreement provides $20,000,000 for
American Schools and Hospitals Abroad. The conferees request
USAID consider supporting the American Community School in
Beirut.
The conferees agree that not less than $1,000,000 should
be made available to the United States Telecommunications
Training Institute.
The conferees support language proposed by the Senate
regarding micronutrient fortification of donated American
commodities. The conferees expect USAID and the United States
Department of Agriculture to work together to implement the
2001 Micronutrient Compliance Review to ensure these
commodities are safe for consumption.
The conference agreement provides $2,000,000 for
reconstruction and development projects in South Asia. The
conferees direct that these funds be provided to the Doulos
Foundation.
The conferees agree that $20,000,000 should be made
available for the Election and Political Processes Program of
USAID's Office of Democracy and Governance, of which
$18,000,000 should be made available for democracy programs.
The conferees note that the level of funding contained in the
budget request may be insufficient for effective promotion of
democracy abroad, and urge increased funding in fiscal year
2007. The conferees request USAID to consult with the
Committees on how it can better coordinate its democracy and
governance programs between Washington and the field, and
between USAID and the State Department.
The conferees note with concern the reductions made in
the fiscal year 2006 budget request for a number of African
countries. The conference agreement contains funding levels for
both the ``Child Survival and Health Programs Fund'' and
``Development Assistance'' that significantly exceed the
amounts requested. The conferees therefore expect USAID to
restore cuts in African country allocations to their fiscal
year 2005 levels, consistent with proper programmatic
considerations.
The conferees endorse the list of university proposals in
the Senate and House reports. In addition, the conferees
recommend consideration of proposals by:
--the University of South Alabama in partnership with the
National Birth Defects Center of the Centers for Disease
Control and Prevention;
--Historically Black Colleges and Universities in
Mississippi to strengthen civil society in Latin America and
the Caribbean; and
--a Consortium of Management Schools to link management
schools in developing countries with faculty from leading
United States management schools.
In order to eliminate a discrepancy between the Senate
and House reports, the conferees direct that the first report
requested from USAID on the status of university funding
proposals be submitted no later than June 1, 2006 and the
second report submitted no later than September 1, 2006.
The conferees clarify that funding contained in the
Senate report under the heading ``Birds of Prey'' supports the
Peregrine Fund's work in the International Raptor Center, to be
matched by private contributions.
International Disaster and Famine Assistance
The conference agreement provides $365,000,000 for
``International Disaster and Famine Assistance''. The conferees
take note of the tragic earthquake in Pakistan and are aware
that additional funds, including the reprogramming of funds
contained in titles II and III of this Act, may be needed to
address the needs caused by this tragedy.
Transition Initiatives
The conference agreement provides $40,000,000 to support
the transition to democracy of countries in crisis.
Development Credit Authority
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $21,000,000 via
transfer authority for micro and small enterprise programs,
urban programs and other credit programs.
Operating Expenses of the United States Agency for International
Development
The conference agreement provides $630,000,000 for USAID
operating expenses.
Capital Investment Fund
The conference agreement provides $70,000,000 for USAID's
Capital Investment Fund. The conference agreement makes
available $48,100,000 for USAID's contribution to the Capital
Security Cost Sharing program, an increase of nearly 150
percent above last year's contribution. The remainder of the
funding in this account is to be used for USAID's information
technology requirements so that the Agency will be able to
process timely and accurate information in a secure manner.
The conferees note that USAID plans to open a new mission
in southern Sudan. To the degree that other United States
Government agencies avail themselves of these facilities, the
conferees note that USAID should charge a fair and reasonable
rental assessment.
Other Bilateral Economic Assistance
Economic Support Fund
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $2,634,000,000 for the
``Economic Support Fund'' (ESF), instead of $2,558,525,000 as
proposed by the House and $3,031,375,000 as proposed by the
Senate.
Funds in this account are allocated in the following
table and, as stipulated in section 596, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations.
Economic Support Fund
[Budget authority in thousands of dollars]
Conference agreement
Africa:
Ethiopia............................................ 10,000
Sierra Leone (Special Court)........................ 13,000
Sudan............................................... 20,000
Zimbabwe............................................ 3,000
Kimberley Process................................... 2,500
Other Africa........................................ 88,000
--------------------------------------------------------
____________________________________________________
Subtotal--Africa............................ 136,500
========================================================
____________________________________________________
East Asia and the Pacific:
Burma............................................... 11,000
Cambodia............................................ 15,000
East Timor.......................................... 19,000
Indonesia........................................... 70,000
Mongolia............................................ 7,500
Philippines......................................... 25,000
Tibet............................................... 4,000
Thailand............................................ 1,000
Vietnam............................................. 2,000
Environmental programs.............................. 2,000
South Pacific Fisheries............................. 18,000
Other Asia.......................................... 9,000
--------------------------------------------------------
____________________________________________________
Subtotal--East Asia and the Pacific......... 183,500
========================================================
____________________________________________________
Europe and Eurasia:
Cyprus.............................................. 20,000
Irish Visa Program.................................. 3,500
Other Europe and Eurasia............................ 2,000
--------------------------------------------------------
____________________________________________________
Subtotal--Europe and Eurasia................ 25,500
========================================================
____________________________________________________
Near East:
Egypt............................................... 495,000
Iraq................................................ 61,000
(Marla Ruzicka Iraqi War Victims Fund).......... [5,000]
(IRI)........................................... [28,000]
(NDI)........................................... [28,000]
Israel.............................................. 240,000
Jordan.............................................. 250,000
Lebanon............................................. 40,000
Middle East Partnership Initiative.................. 110,000
Middle East Regional Cooperation.................... 5,000
West Bank/Gaza...................................... 150,000
(USAID Administrative Expenses)................. [2,000]
Other Near East..................................... 15,600
--------------------------------------------------------
____________________________________________________
Subtotal--Near East......................... 1,366,600
========================================================
____________________________________________________
South Asia:
Afghanistan......................................... 430,000
Pakistan............................................ 300,000
Nepal............................................... 5,000
Other South Asia.................................... 15,000
--------------------------------------------------------
____________________________________________________
Subtotal--South Asia........................ 750,000
========================================================
____________________________________________________
Western Hemisphere:
Haiti............................................... 50,000
Guatemala........................................... 4,000
(programs to combat organized crime)............ 1,500
Mexico.............................................. 11,500
Nicaragua........................................... 1,900
(elections, media, civil society and anti-
corruption programs).......................... 1,500
Labor and Environment in Central America............ 20,000
Other Western Hemisphere............................ 26,000
--------------------------------------------------------
____________________________________________________
Subtotal--Western Hemisphere................ 116,400
========================================================
____________________________________________________
Global:
Disability Fund..................................... 4,000
Wheelchairs......................................... 5,000
Reconciliation Programs............................. 15,000
Security and Sustainability Programs................ 3,000
UNHCHR Nepal........................................ 2,500
Trafficking in Persons.............................. 12,000
Extractive Industries Transparency.................. 1,000
House Democracy Assistance Program.................. 1,000
Other Global........................................ 12,000
--------------------------------------------------------
____________________________________________________
Subtotal--Global............................ 55,500
========================================================
____________________________________________________
Total..................................... 2,634,000
EGYPT
The conferees note that the reduction in the overall ESF
request for Egypt has come at the expense of project
assistance, and that the budget request for cash transfer and
commodity import program assistance each continue at a
$200,000,000 funding level. The conferees are concerned that
reduced overall ESF levels not erode further the amount of
project assistance provided to Egypt.
Therefore, the conference agreement includes a minimum of
$135,000,000 of project assistance taking into consideration
the increased levels of assistance for democracy, governance
and education programs. Within the amount provided for project
assistance, not less than $50,000,000 shall be made available
for democracy, governance and human rights programs and not
less than $50,000,000 shall be used for education programs,
including $5,000,000 that shall be made available for
scholarships for disadvantaged Egyptian students. The conferees
support the work of the Leadership for Education and
Development program implemented by USAID in Egypt as it
attracts students from rural areas of Egypt to attend the
American University in Cairo.
In order to support the appropriations process in
subsequent years, the conferees request the State Department
submit a report to the Committees on Appropriations, as part of
the fiscal year 2007 budget request, which describes the
overall assistance objectives for the ESF program in Egypt. The
report should address how project and non-project assistance
attempts to achieve those objectives, the extent to which such
objectives are being achieved, the rationale for the continued
decline in project assistance, and to what extent the State
Department and USAID believe this trend will continue. In
addition, the conferees request that the report address the
balance between economic and military assistance provided to
Egypt, including whether maintaining the current level of
military assistance in relation to economic assistance is most
appropriate in light of political and economic conditions in
Egypt and in the region.
The conferees agree with the House proposal that not less
than 50 percent of the funds for democracy, governance and
human rights be provided through non-governmental organizations
for the purpose of strengthening Egyptian civil society
organizations, enhancing their participation in the political
process and their ability to promote and monitor human rights.
Of the funds provided for education, the conferees recommend
that not less than 50 percent be used to improve access to
basic education. The remainder of funds provided for education
shall be used to strengthen institutions of higher education,
promote academic freedom, fund educational and cultural
exchange programs, and provide educational scholarships
including for the American University in Cairo. The conferees
request USAID to consult with the Committees on Appropriations
regarding the use of democracy funds for Egypt.
The conference agreement does not include language,
proposed by the Senate, conditioning ESF assistance on the
installation of an FM transmitter in Media City for Radio SAWA.
The conferees expect the State Department to continue to make
this matter a priority in Egypt-United States relations.
AFRICA
The conferees agree to provide $10,000,000 for political
reform programs in Ethiopia and direct the State Department to
consult with the Committees on Appropriations on the uses of
these funds.
The conferees agree to provide $4,000,000 for assistance
for Zimbabwe for activities consistent with the Zimbabwe
Democracy and Economic Recovery Act of 2001 (Public Law 107-
99). The conferees remain concerned with the authoritarianism
of the Mugabe regime and the impact of its misrule on the
people of Zimbabwe and the region, particularly with respect to
the spread of HIV/AIDS.
The conferees support efforts to revitalize the peace
process in Uganda, and expect funding in this Act to be made
available for humanitarian, psycho-social, and development
needs for displaced and war-affected persons. The conferees
urge the Government of Uganda to accept the presence of
international human rights monitors in northern and eastern
Uganda.
EAST ASIA AND THE PACIFIC
The conference agreement includes language, similar to
that proposed by the Senate, which recommends targeted
assistance for Cambodia, including $15,000,000 for the
promotion of democracy, human rights, and the rule of law. The
conferees agree with the Senate position with respect to
Cambodia, and condemn the continued suppression of free speech
and intimidation of political activists and opposition parties
by the Government of Cambodia.
The conferees note that democracy remains fragile in
Timor-Leste. The UNOTIL is scheduled to end in May 2006 and
some essential government functions remain dependent on
international assistance. The conference agreement includes
language directing not less than $19,000,000 in ESF assistance
for Timor-Leste, and $1,500,000 in INCLE assistance for on-the-
ground training of police.
The conferees agree to provide $25,000,000 for assistance
for the Philippines, an increase of $5,000,000 above the budget
request.
NEAR EAST
The conferees agree to provide $110,000,000 for the
Middle East Partnership Initiative and direct that up to
$9,000,000 be made available for scholarship programs for
students from countries with significant Muslim populations at
not-for-profit American institutions of basic and higher
education in the Middle East that are accredited by an
accrediting agency recognized by the United States Secretary of
Education and are not controlled by the government of the
country in which they are located, including the American
University of Beirut, the American University in Cairo, and the
Lebanese American University. The conferees note that funding
provided to American educational institutions in Lebanon may be
used for scholarships to support students from any country
within the Middle East.
The conference agreement includes $56,000,000 for
democracy, governance and rule of law programs in Iraq, which
is similar to a provision proposed by the Senate. The conferees
direct that of these funds, $28,000,000 be made available to
the International Republican Institute and $28,000,000 to the
National Democratic Institute.
The conferees recognize the important programs of
organizations, such as Interns for Peace, regarding peacemaking
and economic empowerment of Palestinian youth, and recommend
sufficient funding be made available to support these
activities from assistance provided for the West Bank and Gaza.
OTHER
The conferees recommend $5,000,000 to continue support
for the provision of wheelchairs for needy persons in
developing countries, instead of $10,000,000 as proposed by the
Senate.
The conference agreement does not include language
proposed by the Senate regarding English language training
programs in Francophone countries. The conferees direct that
funds made available under the heading ``Economic Support
Fund'' be made available for such purposes.
EXTRACTIVE INDUSTRIES TRANSPARENCY INITIATIVE
The conference agreement does not include a provision
proposed by the Senate to provide a United States contribution
to the Extractive Industries Transparency Initiative Trust Fund
(EITI), which is managed by the World Bank. The House did not
address this matter. However, the conferees support this
initiative which aims to improve the capacity of developing
countries to sustainably manage the extraction of natural
resources and to monitor revenues generated from such
extraction so they are used for purposes which benefit their
people. The conferees provide $1,000,000 in ESF assistance to
be administered by USAID to support EITI implementation and to
strengthen the role and capacity of civil society organizations
in the EITI process.
PAKISTAN
The conference agreement does not include language
proposed by the Senate which conditioned ESF assistance to the
central government of Pakistan on submission of a report
describing steps the government has taken to protect the rights
and safety of Pakistan's human rights lawyers and journalists.
The conferees are concerned with reports of harassment and
violence perpetrated by Pakistani security forces against
lawyers who represent political dissidents and journalists who
report on government corruption and other abuses. The conferees
direct the Secretary of State to provide the report required by
the Senate provision no later than 120 days after enactment of
this Act.
FOUNDATION FOR SECURITY AND SUSTAINABILITY
The conferees agree to provide $3,000,000 for the
Foundation for Security and Sustainability, as proposed by the
Senate.
CENTRAL HIGHLANDS OF VIETNAM
The conferees agree to provide $2,000,000 for programs to
address the needs of affected communities and individuals in
the Central Highlands of Vietnam. The conferees expect up to
$1,000,000 will be provided to the Montagnard Development
Project.
ECONOMIC DEVELOPMENT PROGRAMS--INDONESIAN UNIVERSITIES
The conference agreement does not include a proposal by
the Senate that $2,000,000 be made available for economic
development programs conducted by Indonesian universities.
However, the conferees expect funding to be provided for this
purpose.
UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS IN NEPAL
The conferees agree to provide a total of not less than
$7,500,000 in ESF assistance for Nepal, including $2,500,000
for a United States contribution to the Office of the UN High
Commissioner for Human Rights in Nepal.
International Fund for Ireland
The conference agreement provides $13,500,000 as proposed
by the House instead of no appropriation as proposed by the
Senate.
Assistance for Eastern Europe and the Baltic States
The conference agreement provides $361,000,000 instead of
$357,000,000 as proposed by the House and $395,000,000 as
proposed by the Senate.
Funds in this account are allocated in the following
table and, as stipulated in section 596, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Assistance for Eastern Europe and the Baltic States
[Budget authority in thousands of dollars]
Conference agreement
Albania....................................................... 28,000
Bosnia-Herzegovina............................................ 40,000
Bulgaria...................................................... 20,000
Croatia....................................................... 15,000
Kosovo........................................................ 75,000
Macedonia..................................................... 35,000
Romania....................................................... 20,000
Serbia........................................................ 70,000
Montenegro.................................................... 15,000
Regional Programs............................................. 43,000
--------------------------------------------------------------
____________________________________________________
Total..................................................... 361,000
SERBIA
The conference agreement includes language in section 563
similar to that proposed by the Senate conditioning assistance
to the central government of Serbia on a determination by the
President that the Government of Serbia and Montenegro is
cooperating with the International Criminal Tribunal for the
former Yugoslavia.
The conferees recognize that Serbia's democratic
transition remains fragile, and directs the State Department to
give priority from funds appropriated for assistance for Serbia
to programs and activities that strengthen democratic political
parties, parliament and civil society.
KOSOVO
The conferees recommend that support be considered for
the American University in Kosovo.
TRAINING AND DEVELOPMENT
The conference agreement does not include language,
proposed by the Senate, which recommends $3,500,000 for
leadership development programs for women and youth. The
conferees expect the State Department to make these funds
available for such purposes.
The conference agreement provides $5,000,000 for the
training of judges and prosecutors, as proposed by the Senate.
The conferees request the State Department to consult with the
Committees on Appropriations on the use of these funds. The
conferees note the American Bar Association's rule of law
programs and support implementing them through cooperative
agreements.
The conferees recommend funding for the Russian,
Eurasian, and East European Research and Training Program
(Title VIII) at the fiscal year 2005 level. The conferees also
encourage the use of Title VIII funds to include comparative
research and language training concerning Eurasian countries
critical in the war on terrorism.
The conferees continue to support the East Central
European Scholarship Program (ECESP) and expect that USAID will
continue to fund ECESP in Albania and Macedonia through an
extension of the current ECESP cooperative agreement.
Assistance for the Independent States of the Former Soviet Union
The conference agreement provides $514,000,000 instead of
$477,000,000 as proposed by the House and $565,000,000 as
proposed by the Senate.
Funds in this account are allocated in the following
table and, as stipulated in section 596, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Assistance for the Independent States of the Former Soviet Union
[Budget authority in thousands of dollars]
Conference agreement
Armenia....................................................... 75,000
Azerbaijan.................................................... 35,000
Belarus....................................................... 12,000
Georgia....................................................... 67,000
Kazakhstan.................................................... 25,000
Kyrgyz Republic............................................... 25,000
Moldova....................................................... 19,000
Russia........................................................ 80,000
Russian Far East.......................................... [17,500]
Northern Caucasus......................................... [5,000]
Tajikistan.................................................... 24,000
Turkmenistan.................................................. 5,000
Ukraine....................................................... 84,000
Uzbekistan.................................................... 20,000
Regional Programs............................................. 43,000
--------------------------------------------------------------
____________________________________________________
Total............................................. 514,000
HUMANITARIAN PROGRAMS
The conferees are concerned that internal armed conflicts
in the Northern Caucasus have caused great suffering and
resulted in enormous humanitarian and development needs for the
people of Chechnya, Ingushetia, North Ossetia-Alania, and
Dagestan. The conference agreement includes not less than
$5,000,000 for improvements in basic services, community
reconstruction and recovery, economic development with an
emphasis on job creation, the promotion of good governance,
human rights, free media, and support for civil society
organizations. The above-mentioned republics should receive
priority consideration for this assistance. These funds should
be disbursed through a transparent, competitive process.
The conferees agree that at least $3,000,000 of the funds
allocated for regional programs should be provided to address
ongoing humanitarian needs in Nagorno-Karabagh.
The conferees recommend that the State Department
consider a proposal for a Central Diagnostic Laboratory in the
Caucasus, to be located in Armenia.
The conferees recommend USAID give consideration to the
programs of the Vishnevskaya-Rostropovich Foundation, which
conducts health programs for children that emphasize disease
prevention in the Russian Federation.
TRAFFICKING IN PERSONS
The conferees include not less than $4,000,000 for
programs to fight trafficking in persons. The conferees intend
that this funding be used to protect victims of trafficking,
prevent new instances of trafficking, and support the
prosecution of traffickers.
NUCLEAR SAFETY
The conference agreement recommends that of the funds
made available for assistance for Ukraine, $5,000,000 should be
made available for nuclear reactor safety initiatives, similar
to that proposed by the Senate. The conferees expect that of
this amount, $3,000,000 should be provided for simulator-
related projects.
TRAINING AND DEVELOPMENT
The conference agreement provides $2,500,000, as proposed
by the Senate, for the Business Information Service for the
Newly Independent States (BISNIS). The conferees support
BISNIS's efforts to establish a self-sustaining program under
the Department of Commerce and will reconsider this matter in
fiscal year 2007.
The conferees recognize the important work of the Eurasia
Foundation in promoting civil society and private enterprise in
the successor countries of the former Soviet Union and
encourage USAID and the State Department to support the
Foundation's efforts to launch and build indigenous foundations
throughout the region to continue this work. The conferees note
the Eurasia Foundation's commitment to seek sustainable funding
for such indigenous organizations through private sector and
regional donors.
Independent Agencies
Inter-American Foundation
The conference agreement provides $19,500,000 as proposed
by the House instead of $20,000,000 as proposed by the Senate.
African Development Foundation
The conference agreement provides $23,000,000 instead of
$20,500,000 as proposed by the House and $25,000,000 as
proposed by the Senate.
Peace Corps
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $322,000,000, instead
of $325,000,000 as proposed by the House and $320,000,000 as
proposed by the Senate.
SUPPORT FOR COUNSEL
The conferees are aware that under certain circumstances
jurisdictions overseas require the victim of a crime to
participate in the prosecution of the crime. The conferees
believe that the language of section 5(l) of the Peace Corps
Act could support the use of funds appropriated to the Peace
Corps to enable the Peace Corps to employ local counsel for
volunteers in proceedings where they are parties or complaining
witnesses. The conferees urge the Peace Corps to work with the
committees of substantive jurisdiction to seek additional
clarity on this issue in the Peace Corps Act.
AVIAN INFLUENZA
The conferees expect the Peace Corps to use funding
appropriated under this heading for expenses relating to avian
influenza.
Millennium Challenge Corporation
The conference agreement provides $1,770,000,000 for the
Millennium Challenge Corporation (MCC) instead of
$1,750,000,000 as proposed by the House and $1,800,000,000 as
proposed by the Senate.
The conference agreement makes available up to
$75,000,000 for administrative expenses as proposed by the
House, instead of $70,000,000 as proposed by the Senate.
Additionally, the conferees include language proposed by the
Senate, and similar to that proposed by the House, providing up
to 10 percent of funds for threshold country assistance.
The conference agreement includes a number of provisions
proposed by both the House and Senate requesting a report on
the threshold country program, extending section 605(e)(4) of
the Millennium Challenge Act of 2003, and requiring that the
MCC fully fund multi-year compacts for fiscal year 2006.
The conferees understand that strong participation from
indigenous civil society organizations is critical to
increasing public support for and ensuring that the MCC
successfully meets its intended goals of economic growth and
poverty reduction. Such participation would also strengthen the
nascent democratic processes in eligible countries, contribute
to the MCC criteria of good governance, and provide
opportunities for discussion of how best to achieve national
priorities of economic growth and poverty reduction.
The conferees request that the Chief Executive Officer of
the MCC submit a report that describes and assesses the record
of national governance structures to take into account
indigenous civil society input within countries that have
completed compact negotiations. The report should be submitted
to the relevant committees of jurisdiction identified in the
MCC authorization no later than March 31, 2006.
Department of State
Global HIV/AIDS Initiative
The conference agreement provides $1,995,000,000 for
``Global HIV/AIDS Initiative'' instead of $1,920,000,000 as
proposed by the House and $2,020,000,000 as proposed by the
Senate.
Funds in this account are allocated in the following
table and, as stipulated in section 596, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Global HIV/AIDS Initiative
[Budget authority in thousands of dollars]
Conference agreement
Focus Countries............................................... 1,232,000
Central programs.............................................. 393,000
Global Fund................................................... 200,000
Central Technical Support and Management...................... 59,000
(Administrative Expenses)................................. [12,000]
Non-focus countries........................................... 50,000
Strategic Information/Evaluation.............................. 31,000
UNAIDS........................................................ 30,000
--------------------------------------------------------------
____________________________________________________
Total................................................. 1,995,000
ACCOUNT STRUCTURE
The conferees note that all funding for the 15 Global
HIV/AIDS Initiative ``focus'' countries is appropriated in this
account. The conferees strongly encourage the Office of the
Global AIDS Coordinator to continue its policy of providing
additional funding to ``non-focus'' countries and have included
$50,000,000 for ``non-focus'' countries in this account.
HIV AND NUTRITION
The conferees urge the Office of the Global AIDS
Coordinator to develop and implement a strategy, in
coordination with groups responsible for issues of nutrition,
such as USAID, the Department of Agriculture, the World Food
Program, and the Food and Agriculture Organization, to address
the nutritional requirements of those on antiretroviral
therapy. The conferees ask the Office of the Global AIDS
Coordinator, in collaboration with USAID, to consult with and
report to the Committees on Appropriations not later than 180
days after the enactment of this Act on the following for the
Global HIV/AIDS Initiative ``focus'' countries:
(a) The number of Global HIV/AIDS Initiative
beneficiaries on antiretroviral therapy;
(b) The impact of food and nutrition on care and
treatment; and
(c) A strategy to address the nutritional requirements of
persons receiving care and treatment.
TECHNICAL AND PROGRAMMATIC SUPPORT
The conferees urge USAID and the Office of the Global
AIDS Coordinator to improve coordination for programs to fight
HIV and TB, including through increased funding to
organizations such as the World Health Organization which can
provide technical support to countries.
The conferees continue to support the country planning
process and recommend that the Office of the Global AIDS
Coordinator consider support for organizations, such as Dream
for Africa, which develop civil society and local health
outreach.
Democracy Fund
The conference agreement includes a new appropriations
account, similar to that proposed by the Senate, which seeks to
increase the effectiveness and oversight of programs that
promote democracy, governance, human rights, independent media,
and the rule of law globally. The conferees note that this
account also incorporates provisions contained in sections 6026
and 6034 of the Senate bill, and section 534 of the House bill.
The conferees recommend $95,000,000 for specific
democracy programs and activities, as contained in the
following table, and up to $1,448,200,000 for democracy, human
rights, and rule of law activities under title II of this Act,
as contained in the budget request:
Democracy Fund
[Budget authority in thousands of dollars]
Human Rights and Democracy Fund: Conference agreement
Global Programs........................................... 27,000
China/Hong Kong/Taiwan.................................... 20,000
Muslim Countries outside Middle East...................... 12,000
Forensic assistance in Central and South America.......... 3,000
Reagan/Fascell Democracy Fellows program.................. 1,200
--------------------------------------------------------------
____________________________________________________
Subtotal, Human Rights and Democracy Fund............. 63,200
==============================================================
____________________________________________________
National Endowment for Democracy:
China/Hong Kong/Taiwan.................................... 3,000
Muslim Countries outside Middle East...................... 3,000
Africa.................................................... 2,000
Tibet..................................................... 250
Venezuela................................................. 2,000
Russia.................................................... 4,000
North Korea............................................... 1,000
--------------------------------------------------------------
____________________________________________________
Subtotal, National Endowment for Democracy............ 15,250
==============================================================
____________________________________________________
Other:
Thailand.................................................. 2,000
UN Democracy Fund......................................... 8,000
Iran and Syria............................................ 6,550
--------------------------------------------------------------
____________________________________________________
Subtotal, Other....................................... 16,550
==============================================================
____________________________________________________
Total............................................. 95,000
The conference agreement does not include language
proposed by the Senate that caps USAID contracts for democracy
programs at $250,000,000. The conference agreement includes a
provision requiring USAID to notify the Committees on
Appropriations of democracy, governance, human rights and rule
of law contracts, grants and cooperative agreements (and any
amendments to the same) exceeding $10,000,000. The conferees
include language similar to that proposed by the Senate to
provide that funds in the Act that are made available to the
National Endowment for Democracy (NED) may be made available
notwithstanding any other provision of law or regulation.
The conference agreement recommends $6,550,000 for
programs that support the advancement of democracy in Iran and
Syria, and language permitting other funds in this Act to be
used for similar purposes. The conferees expect that not less
than a total of $10,000,000 from funds in this account as well
as funds provided for the Middle East Partnership Initiative be
made available for programs to support democracy in Iran,
including through educational, humanitarian and nongovernmental
organizations and individuals inside Iran. The conferees
encourage the State Department to consider a range of proposals
for democracy promotion in Iran, including activities utilizing
the media.
The conferees support additional assistance for democracy
programs in the Democratic Republic of the Congo from funds
made available under this heading and elsewhere in this Act.
In addition to funds for programs targeted toward Africa,
Asia, and Muslim countries outside the Middle East, the
conferees include for the National Endowment of Democracy:
$250,000 for democracy and human rights programs relating to
Tibet; $2,000,000 for the promotion of democracy in Venezuela;
$4,000,000 for political party development programs in Russia;
and $1,000,000 for programs that promote democratization in
North Korea, including human rights and the free flow of
information.
The conferees provide $8,000,000 for a United Nations
Democracy Fund. The conferees request the State Department to
report to the Committees on Appropriations on how this fund
will complement ongoing United States democracy building
efforts.
International Narcotics Control and Law Enforcement
The conference agreement provides $477,200,000 for
International Narcotics Control and Law Enforcement (INCLE),
instead of $442,400,000 as proposed by the House and
$523,874,000 as proposed by the Senate. Funds are made
available until September 30, 2008 as proposed by the House
instead of September 30, 2007 as proposed by the Senate.
The conference agreement provides $10,000,000 for
assistance for demand reduction programs, similar to the House
bill. The Senate did not address this matter.
The conference agreement provides $16,000,000 for the
International Law Enforcement Training Academies (ILEA) as
proposed by the Senate. The House did not address this issue.
The conference agreement does not include a Senate
provision making $10,000,000 in INCLE funds available for law
enforcement programs to combat violent gangs in Guatemala,
Honduras and El Salvador. The House bill did not address this
issue. However, the conferees are alarmed by the growing
violent gang activity in these countries and urge the Secretary
of State to increase funding for these programs.
The conferees direct the State Department to consult with
the Committees on Appropriations concerning the use of funds
available under this heading and specified as ``other
programs'' in the accompanying table. The conferees expect that
programs in Iraq will be given the highest priority with either
fiscal year 2006 INCLE funds or prior year unobligated funds.
The conferees agree with the concerns expressed in Senate
report language regarding the unwieldy structure of funding for
INL aviation programs. The conferees direct that not less than
30 days prior to the obligation of funds available for
``International Narcotics and Law Enforcement'' or ``Andean
Counterdrug Initiative'' for the procurement of aircraft, the
State Department shall provide the Committees on Appropriations
with an Analysis of Alternatives. The analysis shall include,
at a minimum: the requirement or mission need for the aircraft
to be procured; planned funding for the subject acquisition;
cost of alternative aircraft; mission capabilities to include
range, lift and operational limitations; estimated maintenance
costs and requirements; planned acquisition strategy; and
contract or availability limitations.
The conference agreement makes available $33,484,000 for
administrative expenses as proposed by the House instead of
$30,000,000 as proposed by the Senate.
Funds in this account are allocated in the following
table and, as stipulated in section 596, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
International Narcotics Control and Law Enforcement
[Budget authority, dollars in thousands]
Conference agreement
Indonesia..................................................... 5,000
Timor-Leste................................................... 1,500
Philippines................................................... 2,000
Thailand...................................................... 1,000
Afghanistan................................................... 235,000
Pakistan...................................................... 38,000
Haiti......................................................... 15,000
Jamaica....................................................... 1,000
Mexico........................................................ 40,000
Latin America Regional........................................ 2,500
Anticorruption................................................ 1,500
Demand Reduction.............................................. 10,000
Anticrime (includes intellectual property protection)......... 9,000
ILEAS......................................................... 16,000
Other countries and programs.................................. 99,700
--------------------------------------------------------------
____________________________________________________
Total................................................. 477,200
Andean Counterdrug Initiative
The conference agreement provides $734,500,000 for the
``Andean Counterdrug Initiative'' as proposed by the House and
the Senate. Funds are made available until September 30, 2008
as proposed by the House instead of September 30, 2007 as
proposed by the Senate. The conferees emphasize that there are
other funds for Andean nations in this Act.
The conference agreement provides that not less than
$228,772,000 shall be directly apportioned to USAID, including
$131,232,000 for Colombia.
The conference agreement includes a provision similar to
the Senate amendment that recommends that not less than
$2,000,000 should be made available to protect biodiversity and
indigenous reserves in Colombia. The House did not address this
matter. The conferees intend these funds to be used for
continued assistance for the Colombian National Park Service
and to support activities of nongovernmental organizations.
The conference agreement includes a provision similar to
that proposed by the Senate to provide $8,000,000 to USAID for
organizations and programs to protect human rights in Colombia.
These funds are in addition to the $6,000,000 requested for
judicial reform programs in Colombia in fiscal year 2006.
The conferees are aware that hundreds of Colombian
military personnel, mostly young recruits, have suffered
grievous injuries from landmines and other causes. Many require
sophisticated medical treatment. Through the efforts of
``United for Colombia,'' several United States hospitals are
providing this treatment free of charge but there are
incidental costs such as transportation, lodging and medicines.
The conferees direct that of the funds available for the
Colombian Armed Forces, $500,000 be made available to pay the
incidental costs associated with the treatment and care of
injured soldiers in the United States. The conferees also
recommend that additional Leahy War Victims Fund assistance be
made available for Colombian civilians who are disabled from
landmines and other causes resulting from the conflict.
The conference agreement again includes conditions,
similar to current law and the same as the Senate amendment, on
aerial spraying. The House bill did not address this matter.
The conference agreement includes a provision proposed by
the Senate, which is current law, that requires that the
Administrator of USAID, in consultation with the Assistant
Secretary of State for International Narcotics and Law
Enforcement Affairs, shall have responsibility for the use of
funds under this heading that are directly apportioned to
USAID. The House did not address this matter.
The conference agreement makes available $19,015,000 from
this account for administrative expenses of the State
Department and $7,800,000 for administrative expenses of USAID
as proposed by the House instead of $16,000,000 for the State
Department and $7,000,000 for USAID as proposed by the Senate.
The conferees urge the Administration to include in its
fiscal year 2007 budget request amounts necessary for a
maritime refueling support vessel capable of refueling United
States and allied vessels engaged in drug interdiction in the
eastern Pacific transit zone.
Funds in this account are allocated in the following
table and, as stipulated in section 596, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Andean Counterdrug Initiative
[Budget authority in thousands of dollars]
Bolivia: Conference agreement
Interdiction/Eradication.................................. 43,000
Alternative Development/Institution Building.............. 37,000
Colombia:
Interdiction/Eradication.................................. 310,850
USAID Alternative Development/Institution Building........ 131,232
Rule of Law............................................... 27,393
Ecuador:
Interdiction/Eradication.................................. 8,460
Alternative Development/Institution Building.............. 11,540
Peru:
Interdiction/Eradication.................................. 59,000
Alternative Development/Institution Building.............. 49,000
Panama........................................................ 4,500
Brazil........................................................ 6,000
Venezuela..................................................... 2,252
Air Bridge Denial............................................. 14,000
Critical Flight Safety........................................ 30,000
--------------------------------------------------------------
____________________________________________________
Total................................................. 734,500
Migration and Refugee Assistance
The conference agreement provides $791,000,000 for the
Migration and Refugee Assistance Account instead of
$790,720,000 as proposed by the House and $900,000,000 as
proposed by the Senate.
ISRAEL
The conference agreement also includes Senate language
providing not less than $40,000,000 for refugees from the
former Soviet Union and Eastern Europe and other refugees
resettling in Israel. The House bill did not address this
matter.
NORTH KOREA
The conference agreement does not include language, as
proposed by the Senate, regarding assistance for refugees from
North Korea. The conferees note that this matter remains a
priority for the Committees on Appropriations, and expect the
State Department to continue to consult with the Committees on
Appropriations on how best to assist these refugees.
CONFLICT MITIGATION
The conferees include a provision, similar to Senate
language, recommending funding for programs to mitigate
conflict between refugees and hosting communities and to
provide technical assistance to local organizations for
assistance to refugees, including refugee registration and
protection.
United States Emergency Refugee and Migration Assistance Fund
The conference agreement provides $30,000,000 for the
United States Emergency Refugee and Migration Assistance Fund,
as proposed by the House, instead of $40,000,000 as proposed by
the Senate.
The conference agreement does not include language
proposed by the Senate that provides the funds notwithstanding
section 2(c)(2) of the Migration and Refugee Assistance Act of
1962.
Nonproliferation, Anti-Terrorism, Demining and Related Programs
The conference agreement provides $410,100,000 for
Nonproliferation, Anti-terrorism, Demining and Related
Programs, instead of $400,350,000 as proposed by the House and
$445,100,000 as proposed by the Senate.
The conference agreement provides that certain funds
appropriated under this heading may be made available
notwithstanding any other provision of law, the same as current
law and as proposed by the Senate. The House provided that
these funds may be used notwithstanding any provision of law
that restricts assistance to foreign countries.
The conferees support the use of facilities in New Mexico
for instruction in Rural Border patrol operations and urge the
State Department to continue Anti-Terror Assistance Program
training at these facilities.
The conferees recognize the strategic and potential
economic importance of the port of Riga, given Latvia's status
as a valued and trusted NATO ally. In addition to the reporting
requirements set forth in the Senate report, the State
Department shall also report to the Committees on
Appropriations on any specific security and non-proliferation
issues and concerns needed to be addressed in the assessment.
Due to budget constraints, the conference agreement does
not include a provision proposed by the Senate to provide
additional funds above the amount requested for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission (CTBT). The House did not address this
matter. The conferees urge the State Department to include
sufficient funds for CTBT in the Administration's fiscal year
2007 budget request.
The conference agreement does not include $29,000,000 as
requested for programs in Iraq, including $16,000,000 as
requested for humanitarian demining programs in Iraq. The
conferees expect these programs to be funded from prior year
funds currently unobligated for Iraq.
Funds in this account are allocated in the following
table and, as stipulated in section 596, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Nonproliferation, Anti-Terrorism, Demining and Related Programs
(Budget authority in thousands of dollars)
Conference agreement
Nonproliferation and Disarmament Fund......................... 37,500
Export Control and Border Security assistance................. 43,400
Nonproliferation of WMD Expertise............................. 52,600
International Atomic Energy Agency--Voluntary Contribution.... 50,000
CTBT/International Monitoring System.......................... 14,350
Anti-Terrorism Assistance..................................... 123,500
Counterterrorism financing.................................... 7,500
Terrorist Interdiction Program................................ 5,500
CT Engagement with Allies..................................... 1,000
Humanitarian Demining......................................... 56,000
International Trust Fund for Demining......................... 10,000
Small Arms/Light Weapons Destruction.......................... 8,750
--------------------------------------------------------------
____________________________________________________
Total..................................................... 410,100
CONFLICT RESPONSE FUND
The conference agreement does not include funding for the
Conflict Response Fund. The conferees request the State
Department, prior to the submission of the fiscal year 2007
budget request, to provide the Committees on Appropriations
with a comprehensive, disciplined and coherent strategy
detailing how the Office of the Coordinator for Reconstruction
and Stabilization will coordinate United States Government-wide
efforts to respond to international post-conflict
contingencies.
Department of the Treasury
International Affairs Technical Assistance
The conference agreement provides $20,000,000 for the
International Affairs Technical Assistance program of the
Department of the Treasury as proposed by the House and the
Senate. Funds for this account are made available until
September 30, 2008, instead of 2009 as proposed by the House
and 2007 as proposed by the Senate.
The conference agreement provides that funds appropriated
under this heading may be made available notwithstanding any
other provision of law, the same as current law and as proposed
by the Senate. The House provided that these funds may be made
available notwithstanding any provision of law that restricts
assistance to foreign countries.
Debt Restructuring
The conference agreement provides $65,000,000 for Debt
Restructuring as proposed by the House, instead of $99,750,000
as proposed by the Senate. The conference agreement provides
$20,000,000 for the Tropical Forest Conservation Act Programs
as proposed by both the House and Senate.
The conferees include a technical provision proposed by
the Senate referencing limitations by the Agricultural Trade
Development and Assistance Act of 1954. The House did not
address this matter.
The conference agreement does not include Senate language
limiting the use of the United States contribution to the HIPC
Trust Fund. The House did not address this matter.
TITLE III--MILITARY ASSISTANCE
International Military Education and Training
The conference agreement provides $86,744,000 for
International Military Education and Training (IMET), as
proposed by the House and the Senate.
Foreign Military Financing Program
The conference agreement provides $4,500,000,000 for the
Foreign Military Financing Program (FMF), instead of
$4,442,300,000 as proposed by the House and $4,603,600,000 as
proposed by the Senate.
The conferees agree with the House position that
$1,300,000,000 shall be made available for grants only for
Egypt and that $210,000,000 as proposed by the Senate shall be
made available for assistance for Jordan.
Funds in this account are allocated in the following
table and, as stipulated in section 596, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Foreign Military Financing Program
[Budget authority in thousands of dollars]
Conference agreement
Israel........................................................ 2,280,000
Jordan........................................................ 210,000
Egypt......................................................... 1,300,000
Armenia....................................................... 5,000
Azerbaijan.................................................... 5,000
Pakistan...................................................... 300,000
Turkey........................................................ 15,000
Uzbekistan.................................................... 0
Estonia....................................................... 5,000
Latvia........................................................ 6,000
Lithuania..................................................... 5,000
Guatemala..................................................... 0
Operation Enduring Friendship................................. 4,000
Administrative Expenses....................................... 41,000
Mongolia...................................................... 3,000
Georgia....................................................... 12,000
Lebanon....................................................... 1,000
Poland........................................................ 30,000
Indonesia..................................................... 1,000
Philippines................................................... 20,000
Thailand...................................................... 1,500
Tunisia....................................................... 10,000
Tonga......................................................... 250
Bangladesh.................................................... 1,000
Sri Lanka..................................................... 1,000
Cambodia...................................................... 1,000
Fiji.......................................................... 500
Other......................................................... 241,750
--------------------------------------------------------------
____________________________________________________
Total..................................................... 4,500,000
ARMENIA AND AZERBAIJAN
The conferees agree to include $5,000,000 for each of the
countries of Armenia and Azerbaijan. In addition, the conferees
support IMET assistance levels of $750,000 for each country.
LEBANON
The conferees agree to initiate FMF in Lebanon for
$1,000,000. The conferees agree that this assistance should be
used to initiate procurement of such non-lethal equipment as
radios and vehicles.
Peacekeeping Operations
The conference agreement provides $175,000,000 for
``Peacekeeping Operations'', instead of $177,800,000 as
proposed by the House and $195,800,000 as proposed by the
Senate.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
International Financial Institutions
Global Environment Facility
The conference agreement provides $80,000,000 for the
Global Environment Facility (GEF) instead of no appropriation
as proposed by the House and $107,500,000 as proposed by the
Senate.
The conferees recognize that the GEF adopted a new
Resource Allocation Framework (RAF) in September, 2005. The RAF
will link the allocation of GEF resources to a country's
potential to generate global environmental benefits as well as
its performance, including transparency and good governance.
The purpose of performance-based allocations in any institution
is to maximize the beneficial impact of scarce resources. The
conferees are pleased that the GEF Council established the
performance-based allocation system, the centerpiece reform of
the GEF-3 replenishment agreement of 2002, and the basis for
budget requests to the Congress over the last four years. Due
to constraints of the budget allocation, the conferees were
unable to provide the full amount for the GEF proposed by the
Senate.
Additionally, the conferees are aware that the donor
negotiations for the next GEF replenishment, GEF-4, are
currently underway. Therefore, the conferees direct the
Department of the Treasury to consult with the Committees on
Appropriations on a periodic basis during the fiscal year
regarding the implementation of the RAF and other reforms
adopted by the GEF for the remaining GEF-3 funding as well as
for new funding being proposed under the GEF-4 replenishment.
Contribution to the International Development Association
The conference agreement provides $950,000,000 for the
International Development Association (IDA), the concessional
lending facility of the World Bank, as proposed by the House
instead of $900,000,000 as proposed by the Senate.
The conferees believe that the IDA could be an
appropriate source of funds to help eligible countries prepare
for and combat a potential avian influenza epidemic. There
exists significant need in Asia for programs to increase
surveillance capacity, compensate small-scale farmers for
timely reports of bird die-offs, modernize animal husbandry
practices, and upgrade infectious disease infrastructure. The
conferees urge the United States Executive Director to the
World Bank to use the voice and vote of the United States to
increase support for this global priority, and direct the
Secretary of the Treasury to report not later than 90 days
after enactment of this Act on the World Bank's plans to do so.
The conferees urge governments in that region to make combating
avian influenza a top priority.
Contribution to the Multilateral Investment Guarantee Agency
The conference agreement provides $1,300,000 for the
Multilateral Investment Guarantee Agency, as proposed by the
Senate, instead of $1,741,515 as proposed by the House.
Contribution to the Inter-American Development Bank
Inter-American Investment Corporation
The conference agreement provides $1,741,515 for past due
payments by the United States to the Inter-American Investment
Corporation as proposed by the House, instead of $1,500,000 as
proposed by the Senate.
Contribution to the Enterprise for the Americas Multilateral Investment
Fund
The conference agreement provides $1,741,515 for past due
payments by the United States to the Multilateral Investment
Fund as proposed by the House, instead of $3,742,000 as
proposed by the Senate.
Contribution to the Asian Development Fund
The conference agreement provides $100,000,000 for the
United States contribution to the Asian Development Fund, as
proposed by the Senate, instead of $115,250,000 as proposed by
the House.
Contribution to the African Development Bank
The conference agreement provides $3,638,000 for the
African Development Bank, as proposed by the Senate, instead of
$5,638,350 as proposed by the House.
Contribution to the African Development Fund
The conference agreement provides $135,700,000 for the
African Development Fund as proposed by the House and the
Senate.
International Organizations and Programs
The conference agreement provides $329,458,000 for
voluntary contributions to ``International Organizations and
Programs'', instead of $328,958,000 as proposed by the House
and $330,000,000 as proposed by the Senate.
Funds in this account are allocated in the following
table and, as stipulated in section 596, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
International Organizations and Programs
[Budget authority in thousands of dollars]
Conference agreement
Center for Human Settlements.................................. 150
IMO Maritime Security......................................... 400
ICAO Aviation Programs........................................ 950
International Conservation Programs (CITES/ITTO/IUCN/Ramsar/
CCD)...................................................... 5,950
International Contributions for Scientific Educational &
Cultural Activities....................................... 1,000
IPCC/UNFCCC................................................... 6,000
Montreal Protocol............................................. 21,500
OAS Development Assistance.................................... 4,750
OAS Fund for Strengthening Democracy.......................... 2,500
Reserve to be allocated....................................... 22,500
UNICEF........................................................ 127,000
UNIFEM........................................................ 3,250
UNIFEM Trust Fund............................................. 1,500
UNDP.......................................................... 110,000
UNEP.......................................................... 10,262
UN Office for the Coordination of Humanitarian Affairs........ 813
UN Fund for Tech. Cooperation in Human Rights................. 1,500
UN Voluntary Fund for Victims of Torture...................... 6,583
World Meteorological Organization............................. 1,900
WTO........................................................... 950
--------------------------------------------------------------
____________________________________________________
Total..................................................... 329,458
UNITED NATIONS DEVELOPMENT PROGRAM
The conferees encourage the United Nations Development
Program (UNDP) to remain vigilant over the politicization of
its funding for propaganda purposes, particularly by the
Palestinian Authority in the West Bank and Gaza and by the
illegitimate State Peace and Development Council in Burma. The
conferees do not endorse the purchase of aircraft by UNDP for
program purposes in Burma.
WORLD FOOD PROGRAM
The conferees support the work of the World Food Program
and have provided $10,000,000 for a voluntary contribution
under section 534 of this Act as proposed by the Senate, rather
than $6,000,000 as proposed by the House.
TITLE V--GENERAL PROVISIONS
(Note: If the provision proposed by the House and Senate
is similar, except for a different section number or minor
technical differences, the section is not addressed in this
statement of the managers.)
Sec. 504. Report on Unobligated Balances
The conference agreement includes a new provision as
proposed by the Senate (section 6100), with some modification,
that requires the submission of quarterly reports on
unobligated and unexpended funds.
The conferees agree that the quarterly report required by
this section should be formatted to provide information on
unobligated balances for the relevant quarter as well as
cumulative balances for unobligated and unexpended funds. For
purposes of this quarterly report, the terms ``unobligated''
and ``unexpended'' shall have the same meaning as such terms
defined by the Government Accountability Office (GAO) ``Red
Book'' and as used by the Office of Management and Budget
(OMB).
The conferees agree that the first quarterly report
required by this provision, covering the first quarter of the
fiscal year 2006 and prior year balances, shall be due to the
Committees on Appropriations no later than February 1, 2006.
Sec. 505. Limitation on Expenses and Representational Allowances
The conference agreement includes a revision of House
sections 504 and 505 and Senate sections 6004 and 6005. The
agreement combines these provisions into a new section 505
which addresses both a limitation on representational
allowances as well as a limitation on entertainment expenses to
also include recorded music, live artistic performances,
personal gifts and furnishings.
Sec. 507. Prohibition Against Direct Funding for Certain Countries
The conference agreement includes a provision similar to
that proposed by both the House and Senate (section 6007) which
prohibits direct funding for certain countries, exempting Libya
from the prohibition on Export-Import Bank programs and
Overseas Private Investment Corporation financing.
Sec. 509. Transfers
The conference agreement includes a provision similar to
that proposed by the House and Senate (section 6009) limiting
transfers of funds in this Act.
Sec. 510. Commercial Leasing of Defense Articles
The conference agreement includes a provision similar to
that proposed by the House and Senate (section 6010) which
provides the same authority in current law regarding the
commercial leasing of defense articles.
Sec. 511. Availability of Funds
The conference agreement includes a provision similar to
that proposed by both the House and Senate (section 6011) which
addresses the availability of funds.
Sec. 515. Notification Requirements
The conference agreement includes a provision similar to
that proposed by both the House and Senate (section 6015), with
modifications, which requires the application of reprogramming
oversight procedures. The conference agreement includes a new
heading, ``Democracy Fund'', subject to notification.
Sec. 517. Independent States of the Former Soviet Union
The conference agreement includes a provision similar to
that proposed by both the House and Senate (section 6017), with
modifications. The agreement excludes subsection (a) of the
House bill regarding restrictions on assistance and includes
Kazakhstan and Uzbekistan in the list of countries for
whichfunds are subject to notification procedures, as proposed
by the House.
Sec. 519. Export Financing Transfer Authorities
The conference agreement includes a provision similar to
that proposed by both the House and Senate (section 6019)
limiting the transfer authorities for funds, modified to apply
to funds appropriated in title I of this Act.
Sec. 520. Special Notification Requirements
The conference agreement includes a provision proposed by
the Senate (section 6020) which requires that funds for Serbia,
Sudan, Zimbabwe, Pakistan, Liberia, and Cambodia be subject to
the special notification procedures of this section, instead of
a similar provision proposed by the House (section 520).
Sec. 521. Definition of Program, Project, and Activity
The conference agreement includes a provision similar to
that proposed by both the House and Senate (section 6021) which
applies the definition for the terms ``program, project, and
activity'' to the entire Act, the same as current law and as
proposed by the House.
Sec. 522. Child Survival and Health Activities
The conference agreement includes a provision similar to
that proposed by both the House and Senate (section 6022) which
addresses expenditure of funds made available for assistance
under the heading ``Child Survival and Health Programs Fund''.
The provision makes available for family planning/reproductive
health activities not less than $440,000,000 of funds
appropriated under title II, rather than $450,000,000 as
proposed by the Senate. The House did not address this matter.
The conference agreement also includes language as
proposed by the Senate which mandates a Government
Accountability Office audit of the 2004 and 2005 ``Child
Survival and Health Programs Fund''.
Sec. 523. Afghanistan
The conference agreement includes a provision similar to
that proposed by both the House and Senate (section 6023) which
addresses funds provided for humanitarian, reconstruction, and
related assistance for Afghanistan. The conference agreement
provides that not less than $3,000,000 should be for
reforestation activities, rather than $5,000,000 as proposed by
the Senate.
The conference agreement does not include a Senate
proposal to provide $3,000,000 for assistance for Afghan
families and communities that have suffered losses as a result
of the military operations. The House did not address this
matter. The conferees support continued funding for this
initiative and provide $2,000,000 for this purpose. The
conferees intend these funds to be used to support the same
types of activities that are being carried out in Iraq through
the Marla Ruzicka Iraqi War Victims Fund. The conferees direct
that a portion of these funds be used, consistent with the
Senate provision, to employ a liaison between Afghan families
and communities, the Afghan Independent Human Rights
Commission, U.S. Armed Forces and USAID, to facilitate
implementation of this initiative.
The conference agreement provides that not less than
$2,000,000 should be for Afghan human rights groups, as
proposed by the Senate.
The conference agreement does not include language,
proposed by the Senate, which recommends funding for a National
Emergency Response and Preparedness System. The conferees
expect the State Department to consider this project.
The conference agreement does not include a vetting
requirement for the Afghan National Army, as proposed by the
Senate, which would have been duplicative of vetting
requirements included elsewhere in this Act.
The conference agreement contains language, similar to
that proposed by the House and Senate, that provides that
$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 small
grants to improve the capacity of women-led Afghan
nongovernmental organizations.
Sec. 525. HIV/AIDS
The conference agreement includes a provision, similar to
that proposed by the House, which conditions a portion of the
United States contribution to the Global Fund to Fight AIDS, TB
and Malaria on the progress of reforms to improve monitoring
and evaluation of the effectiveness of Global Fund financing.
The conference agreement conditions 20 percent, rather than 25
percent as in the House provision, and a clarifying change is
made in paragraph (2).
Sec. 526. Burma
The conference agreement includes language, similar to
that proposed by the Senate (section 6031), regarding
assistance for Burma. The conferees endorse language on Burma
contained in the Senate report.
The conferees recommend that in addition to assistance
for Burmese refugees provided under the heading ``Migration and
Refugee Assistance'', $3,000,000 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.
The conferees recommend $4,000,000 for the Burma Border
Consortium.
The conferees affirm that the responsibility for programs
and activities regarding Burmese refugees and internally
displaced persons resides with the United States Ambassador to
Thailand.
The conference agreement does not include language
proposed by the Senate restricting assistance to the central
government of any country that is a major provider of weapons
or defense-related equipment to the State Peace and Development
Council (SPDC). The House did not address this matter.
The conference agreement does not include language
proposed by the Senate restricting funding for the United
Nations Office on Drugs and Crime (UNODC). The House did not
address this matter. The conferees remain concerned by reports
that the UNODC in Burma is failing to report to other relevant
United Nations organizations incidents of gross human rights
violations encountered during the conduct of its programs in
Burma.
Sec. 531. Financial Market Assistance in Transition Countries
The conference agreement includes a provision as proposed
by the House which requires not less than $40,000,000 should be
made available for building capital markets and financial
systems in countries in transition. The conferees agree that
the Secretary of State should direct that at least $30,000,000
for this purpose come from accounts under the State
Department's control.
Sec. 532. Authorities for the Peace Corps, Inter-American Foundation
and African Development Foundation
The conference agreement includes a provision proposed by
the Senate (section 6032), and similar to that proposed by the
House (section 532), which states that provisions of this Act
or any other Act, shall not be construed to prohibit certain
activities of the Peace Corps Act, the Inter-American
Foundation Act or the African Development Foundation Act.
Sec. 534. Special Authorities
The conference agreement includes a provision similar to
that proposed by both the House (section 534) and Senate
(section 6034) which provides special authorities as follows:
In subsection (a), the conference agreement includes
language proposed by the Senate which provides certain
authority for assistance for Afghanistan, Pakistan, Montenegro,
Lebanon, assistance to victims of war, displaced Burmese, and
Iraq. The House did not include Iraq in the list of countries
and provided the funds with more limited authorities.
In subsection (b), the conference agreement provides that
funds appropriated for tropical forestry and biodiversity
conservation activities may be used notwithstanding any other
provision of law, the same as current law and as proposed by
the Senate. The House provided that these funds may be used
notwithstanding any provision of law that restricts assistance
to foreign countries.
In subsection (c), the conference agreement provides
authority for employment of personal services contractors in
the United States by USAID notwithstanding any other provision
of law, the same as current law and as proposed by the Senate.
The House bill did not provide this authority.
The conference agreement does not include subsection (f)
as proposed by both the House and Senate which addressed
section 451(a) of the Foreign Assistance Act of 1961. The
conferees agree instead to include language proposed by the
Senate (section 6114) which extends until 2007 the application
of law making certain Vietnamese nationals eligible for
resettlement in the United States.
In subsection (h), the conference agreement includes
$10,000,000 for a contribution to the World Food Program from
funds managed by USAID's Bureau for Democracy, Conflict and
Humanitarian Assistance, as proposed by the Senate. The funds
are made available notwithstanding any other provision of law
as proposed by the Senate. The House proposed a $6,000,000
contribution.
The conference agreement does not include subsection (i)
as proposed by the House and Senate which addressed
availability of funds for the National Endowment for Democracy.
The conferees agree to address this issue in the ``Democracy
Fund'' appropriation heading in title II of this Act.
In subsection (i), the conference agreement includes
language similar to that proposed by the Senate that provides
$5,000,000 for American educational institutions in the
People's Republic of China. The House did not address this
issue.
In subsection (j), the conference agreement includes
language similar to that proposed by the Senate which addresses
assistance to Pakistan in accordance with requirements
contained in Public Law 107-57. The House did not address this
issue. The conferees agree to include language that extends the
``sunset provision'' contained in Public Law 107-57.
In subsection (k), the conference agreement includes
language similar to that proposed by the Senate that addresses
the establishment of a Middle East Foundation. The House did
not address this issue. The conference agreement establishes
the Foundation with a limitation on United States contributions
of $35,000,000 and the requirement that United States
contributions to the Foundation be matched by grants from other
donors.
In subsection (l), the conference agreement includes
language proposed by the Senate that amends sections
21(h)(1)(A) and 21(h)(2) of the Arms Export Control Act and
section 541 of the Foreign Assistance Act. The House did not
address this issue.
In subsection (m), the conference agreement includes
language proposed by the Senate which extends authorities for
refugee status for certain peoples of the Soviet Union,
Vietnam, Laos and Cambodia. The House did not address this
issue.
The conference agreement does not include a provision
proposed by the Senate that made funds available for
administrative expenses of USAID with respect to programs in
the West Bank and Gaza. The House did not address this issue.
The conferees agree to address this issue in the ``Economic
Support Funds'' appropriation heading in title II of this Act.
Sec. 536. Eligibility for Assistance
The conference agreement includes a provision similar to
that proposed by both the House (section 536) and Senate
(section 6036) which applies restrictions contained in this or
any other Act with respect to assistance for a country.
Sec. 537. Reservation of Funds
The conference agreement includes a provision similar to
that proposed by both the House (section 537) and Senate
(section 6037) which provides that certain funds may be
reprogrammed under certain conditions notwithstanding any other
provision of this or any other Act.
Sec. 539. Prohibition on Publicity or Propaganda
The conference agreement includes a provision similar to
that proposed by both the House (section 539) and Senate
(section 6039) prohibiting the use of funds for publicity or
propaganda purposes. The conferees have modified the section to
provide that not to exceed $25,000 may be made available to
carry out the provisions of section 316 of Public Law 96-533,
instead of $750,000 as proposed by the Senate. The conferees
agree to reconsider funding for this purpose next year.
Sec. 542. Prohibition on Assistance to Foreign Governments that Export
Lethal Military Equipment to Countries Supporting International
Terrorism
The conference agreement includes a provision similar to
that proposed by both the House (section 542) and Senate
(section 6042) which prohibits funds in this Act from being
made available to any foreign government that provides lethal
military equipment to certain countries.
Sec. 546. Landmines
The conference agreement includes a provision similar to
that proposed by both the House (section 546) and Senate
(section 6046) which provides the same authority in current law
regarding the provision of demining equipment notwithstanding
any other provision of law.
Sec. 549. Haiti
The conference agreement includes a provision similar to
that proposed by both the House (section 549) and Senate
(section 6049), modified to address language proposed by the
House in section 583, ``Prohibition on Certain International
Narcotics Control and Law Enforcement Assistance to the
Government of Haiti.''
The conferees agree to include language similar to that
proposed by the Senate which establishes a total funding level
of $116,215,000 as requested from the following accounts:
``Child Survival and Health Programs Fund'', ``Development
Assistance'', ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', ``Foreign Military
Financing Program'', and ``International Military Education and
Training''.
The conferees agree to include language similar to that
proposed by the House in section 583, revised to address the
specific issues associated with the Haitian National Police
(HNP). The conferees are concerned about members of the Haitian
National Police or other individuals unlawfully using weapons,
ammunition, and other lethal materiel that has been provided or
sold by the United States Government and therefore require the
certification included in section 549(c). The conferees
understand that investigations into extrajudicial killings and
other alleged incidents of human rights abuses by the police
are currently underway but severely limited by the lack of
investigative capacity within the HNP. The conferees request
that not later than 60 days after the date of enactment of this
Act, the State Department report to the appropriate
congressional committees the findings of these investigations,
including information on whether any United States-supplied or
provided weapon or ammunition was used during those incidents.
The conference agreement does not include a provision
proposed by the Senate requiring a report prior to funds being
made available to support elections in Haiti. The conferees
direct the Secretary of State to submit a report to the
Committees on Appropriations within 30 days of enactment of the
Act which (1) describes in detail the steps taken by the
Haitian Transitional Government and the United Nations
Stabilization Mission to provide adequate security to permit
free and fair elections with broad based participation by all
political parties, and to demobilize, disarm and reintegrate
armed groups, and (2) provides an assessment of the
effectiveness of such steps.
Sec. 551. Limitation on Assistance to Security Forces
The conference agreement includes a provision similar to
that proposed by both the House (section 551) and Senate
(section 6051) which prohibits funds in this Act from being
provided to any unit of security forces if there is credible
evidence of human rights violations.
Sec. 554. Cambodia
The conference agreement includes language similar to
that proposed by the House (section 554) and Senate (section
6054) which addresses assistance for Cambodia.
The conference agreement does not include language as
proposed by the House regarding international financial
institution loans to the central Government of Cambodia.
The conference agreement includes language similar to
that proposed by the Senate which prohibits assistance for the
central Government of Cambodia with the exception of assistance
for certain programs; makes $15,000,000 available for
activities to support democracy, rule of law, and human rights,
including democratic political parties; and, provides such
assistance notwithstanding section 541 of the Foreign
Assistance Act.
Sec. 556. Colombia
The conference agreement includes language similar to
that proposed by the House (section 556) and Senate (section
6056), and similar to current law which conditions the
provision of assistance to the Colombian Armed Forces.
The conference agreement does not include a Senate
provision requiring prior consultation with the Office of the
United Nations High Commissioner for Human Rights in Colombia
and with the appropriate congressional committees. The
conferees expect the Secretary of State, prior to making the
certifications required by this paragraph, to consider the
opinion of the Office of the United Nations High Commissioner
for Human Rights in Colombia regarding the conditions in
section 556(a)(2) of this Act and to consult with the
Committees on Appropriations.
Sec. 559. West Bank and Gaza Program
The conference agreement includes a provision similar to
that proposed by both the House (section 559) and Senate
(section 6059) which addresses funds available for the West
Bank and Gaza Program, including a provision proposed by the
House which requires the Comptroller General of the United
States to conduct an audit of fiscal year 2006 funds and a
provision proposed by the Senate which requires the Secretary
of State to submit a report required in section 2106 of chapter
2 of title II of Public Law 109-13.
Sec. 560. Contribution to the United Nations Population Fund
The conference agreement includes a provision similar to
that proposed by both the House (section 560) and Senate
(section 6060) which addresses limitations on contributions for
the UN Population Fund (UNFPA), amended to provide $34,000,000
from the ``International Organizations and Programs'' (IOP)
account and the ``Child Survival and Health Programs Fund''
account, of which $22,500,000 shall be derived from IOP and
shall be made available for the UNFPA.
The agreement does not include language proposed by the
Senate which provided for exceptions to the limitations on the
use of funds.
Sec. 563. Funding for Serbia
The conference agreement includes a provision proposed by
the Senate (section 6063), and similar to that proposed by the
House (section 563), which restricts assistance for the central
government of Serbia, after May 31, 2006, for certain specified
conditions.
Sec. 565. Special Debt Relief for the Poorest
The conference agreement includes a provision proposed by
the Senate (section 6065), and similar to that proposed by the
House (section 565), which provides the President authority to
reduce debt owed to the United States as a result of certain
guarantees. The conferees agree to include language proposed by
the Senate that extends debt reduction to obligations for
purchases of United States agricultural commodities under
export credit guarantee programs. The House did not address
this issue.
Sec. 566. Authority To Engage in Debt Buybacks or Sales
The conference agreement includes a provision proposed by
the Senate (section 6066) and similar to a provision proposed
by the House (section 566), which provides the same authority
in current law to engage in debt buybacks or sales
notwithstanding any other provision of law. The House limited
this authority to notwithstanding any provision of law that
restricts assistance to foreign countries.
Sec. 567. Basic Education
The conference agreement includes a provision similar to
that proposed by the House (section 567), which provides not
less than $465,000,000 from title II for basic education,
including a total of $365,000,000 from the ``Development
Assistance'' account. The conferees note this is $65,000,000
above the fiscal year 2005 level.
The conferees are aware of the need for programs in the
developing world that increase access to quality education,
including by removing financial impediments to attending
school, training teachers, developing curricula, improving
physical plant, and making school supplies more available. The
conferees note that a number of developing nations have
committed to achieving universal basic education by 2015, and
that the World Bank Fast Track Initiative, to which the United
States is a party, has identified certain countries for which
this goal may be within reach with adequate donor support and
technical assistance. The conferees want to ensure that the
$65,000,000 increase in funding for fiscal year 2006 is
programmed to achieve the maximum and most dramatic results in
a select number of countries, and direct USAID to program the
increase only after consultation with the Committees on
Appropriations.
The conference agreement includes a provision similar to
that proposed by the House requiring the Comptroller General of
the United States to prepare an analysis of United States-
funded international basic education programs within six months
of enactment. The conferees provide $250,000 for this purpose.
The conferees refer the Comptroller General to the provisions
in House section 567 detailing what should be included in the
analysis. The conferees also direct the Comptroller General to
include an analysis of the staffing needs of United States
Government agencies to carry out international basic education
assistance programs and a description and analysis of United
States Government contracts, grants, and cooperative agreements
that are designed to achieve the goals of the basic education
assistance program.
The conferees also agree to provide $15,000,000 in basic
education funding to expand and extend a pilot project to
increase access to basic education by addressing the
prohibitive fees that keep children, and particularly girls,
out of school.
Sec. 568. Reconciliation Programs
The conference agreement includes a provision similar to
that proposed by the House (section 568) and Senate (section
6068) which provides $15,000,000 in ESF assistance for
reconciliation programs and does not include a Senate proposal
to make these funds available notwithstanding any other
provision of law.
Sec. 569. Sudan
The conference agreement includes a provision similar to
that proposed by the House (section 569) and Senate (section
6069) which addresses assistance to Sudan, providing up to
$70,000,000 under ``Development Assistance'' for Sudan, of
which $6,000,000 may be made available to USAID for
administrative expenses.
The conference agreement includes subsection (b)(1) as in
the Senate bill, limiting the availability of funds, and
subsection (e) as in the House bill, defining certain regions
as ``outside of control of the Government of Sudan''.
Sec. 570. Trade Capacity Building
The conference agreement includes a provision proposed by
the House (section 570) which makes not less than $522,000,000
available for trade capacity building assistance from several
accounts in title II of this Act and $20,000,000 from ESF for
labor and environmental capacity building activities relating
to the Central America Free Trade Agreement. The Senate did not
address this issue.
Sec. 572. Zimbabwe
The conference agreement includes a provision proposed by
the Senate (section 6078) which requires the Secretary of the
Treasury to take certain actions with respect to loans to the
Government of Zimbabwe. The House did not address this issue.
Sec. 573. Gender-Based Violence Training
The conference agreement includes a provision similar to
that proposed by the House (section 573) which addresses the
use of funds to provide training for foreign police, judicial,
and military officials, modified to state that such training
shall be provided where appropriate.
Sec. 574. Limitation on Economic Support Fund Assistance for Certain
Foreign Governments That Are Parties to the International
Criminal Court
The conference agreement includes a provision similar to
that proposed by the House (section 574), amended to include a
provision similar to that proposed by the Senate (section
6086).
The conferees agree to language proposed by the House
which addresses assistance for countries that are party to the
International Criminal Court that have not entered into an
agreement with the United States pursuant to Article 98 of the
Rome Statute. The conferees further agree to include as
subsection (e), the Senate provision (section 6086), amended to
delete reference to IMET funds.
Sec. 575. Tibet
The conference agreement includes a provision similar to
that proposed by both the House (section 575) and Senate
(section 6079) which provides that of the funds appropriated to
the ``Economic Support Fund'' account, not less than $4,000,000
should be made available to nongovernmental organizations which
preserve cultural traditions and promote sustainable
development and environmental conservation in Tibetan
communities.
The conference agreement also provides that these funds
be made available notwithstanding any other provision of law,
the same as current law and as proposed by the Senate. The
House proposed that these funds be made available
notwithstanding any other provision of law that restricts
assistance to foreign countries.
The conference agreement provides that $250,000 should be
made available for human rights and democracy programs through
the National Endowment for Democracy, as proposed by the
Senate. The House did not address this issue.
Sec. 576. Central America
The conference agreement includes a provision similar to
that proposed by the House (section 576), amended to include
language similar to that proposed by the Senate (section 6092).
The conferees agree to include language proposed by the
House which provides that of the funds appropriated by this Act
under the headings ``Child Survival and Health Programs Fund''
and ``Development Assistance'', not less than the amount of
funds initially allocated pursuant to section 653(a) of the
Foreign Assistance Act of 1961 for fiscal year 2005 should be
made available for El Salvador, Guatemala, Nicaragua and
Honduras. The conferees direct that USAID not fund these
increases from other fiscal year 2006 programs in the Western
Hemisphere.
The conferees further agree to include language similar
to that proposed by the Senate in section 6092, which provides
not less than $1,500,000 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
for programs and activities to combat organized crime, crimes
of violence specifically targeting women and corruption in
Guatemala.
Sec. 577. United States Agency for International Development Management
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes a provision similar to
that proposed by the House (section 577) which provides certain
authorities to USAID. The conferees agree to continue authority
that enables USAID to hire Foreign Service Limited employees to
replace on a one-for-one basis individuals who were employed by
USAID under other authorities, such as Personal Services
Contracts (PSCs). To ensure that relatively junior Foreign
Service Officers have an early opportunity to gain valuable
overseas experience, the conferees provide $10,000,000 to pay
for such indirect costs as housing and transportation. These
costs are routinely covered for PSCs and paid out of program
accounts. In using these authorities, USAID should achieve
annualized savings in administrative costs, including an
estimated $4,000,000 in fiscal year 2007. The conferees direct
USAID to provide baseline data on administrative costs so these
annual savings can be verified and tracked.
The conference agreement includes language under this
section that allows USAID to use program funds to cover the
costs of staff working to mitigate the effects of natural
disasters. The conferees note that this authority should be
used sparingly and only when necessary to enable USAID to cope
with the consequences of natural disasters, such as those on
the scale of Hurricane Mitch in Central America in 1998.
Sec. 578. HIPC Debt Reduction
The conference agreement includes a provision as proposed
by the House (section 578) which addresses HIPC debt reduction.
The Senate did not address this matter.
Sec. 579. OPIC Transfer Authority
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes a provision as proposed
by the House (section 579), which authorizes the transfer of
funds under title II of this Act to OPIC for certain purposes.
The Senate did not address this matter.
Sec. 580. Limitation on Funds Relating to Attendance of Federal
Employees at Conferences Occurring Outside the United States
The conference agreement includes a provision similar to
that proposed by both the House (section 585) and Senate
(section 6124) which prohibits funds for attendance of more
than 50 employees at any single conference occurring outside
the United States, modified to clarify that the prohibition
applies to employees stationed in the United States attending
international conferences.
Sec. 581. 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
The conference agreement includes a provision similar to
that proposed by the House (section 587) which prohibits funds
for assistance under certain conditions associated with
extradition of certain individuals, modified to provide a
waiver of the restriction when the Secretary of State certifies
to the Committees on Appropriations that such a restriction is
contrary to the national interest of the United States.
Sec. 582. Prohibition Against Direct Funding for Saudi Arabia
The conference agreement includes a provision similar to
that proposed by the House (section 588) which prohibits
assistance to Saudi Arabia, modified to reflect current law.
Sec. 583. Governments That Have Failed To Permit Certain Extraditions
The conference agreement includes a provision similar to
that proposed by the House (section 590) and Senate (section
6129) which prohibits funds for assistance under certain
conditions when governments fail to permit the extradition of
certain individuals, modified to provide a waiver of the
restriction when the Secretary of State certifies to the
Committees on Appropriations that such a restriction is
contrary to the national interest of the United States.
Sec. 584. Reporting Requirements
The conference agreement includes a provision similar to
that proposed by the Senate (section 6067) which requires a
quarterly report on the uses of fiscal year 2006 funds for
``Foreign Military Financing'', ``International Military
Education and Training'' and ``Peacekeeping Operations'',
modified to change the date of the first report to April 1,
2006 and remove the reference to ``hereafter.''
Sec. 585. Environment Programs
The conference agreement includes a provision similar to
that proposed by the Senate (section 6074) which addresses
environment programs. The conference agreement also includes
language similar to that proposed by the Senate with respect to
the submission of the climate change report. The conferees
expect that, pursuant to the August 2005 Government
Accountability Office report (GAO-05-461), OMB and the Climate
Change Science Program (CCSP) will explain in detail any
changes in the Administration's annual climate change report
content and format since fiscal year 2002. The conferees expect
OMB and the CCSP to develop crosswalk tables to compare new and
old report structures, definitions, categories, content, and
format to ensure better assessment of changes in spending over
time, specifically by agency and category. In addition, the
conferees direct OMB in its fiscal year 2007 report to transmit
information in the form of budget authority, expenditures, and
obligations as has been consistently required by the Congress.
The conference agreement contains a subsection similar to
current law and the Senate proposal regarding extractive
industries and the international financial institutions. The
House did not address this matter.
Sec. 586. Uzbekistan
The conference agreement includes a provision as proposed
by the Senate (section 6075) and similar to current law.
Sec. 587. Central Asia
The conference agreement includes a provision similar to
that proposed by the Senate (section 6076) regarding assistance
to Central Asia.
Sec. 588. Disability Programs
The conference agreement includes a provision similar to
that proposed by the Senate (section 6077) making available
$4,000,000 in ESF for programs and activities administered by
USAID to address the needs and protect the rights of people
with disabilities in developing countries. Of this amount, the
conferees direct that $1,500,000 be made available to
organizations that specialize in advocacy for people with
disabilities, to support training, technical, and related
assistance for foreign NGOs that work primarily on behalf of
people with disabilities in developing countries, and
$2,500,000 be made available for equipment and other assistance
for such foreign NGOs.
Sec. 589. Discrimination Against Minority Religious Faiths in the
Russian Federation
The conference agreement includes a provision proposed by
the Senate (section 6080) regarding assistance for the Russian
Federation. The House did not address this matter.
Sec. 590. War Crimes in Africa
The conference agreement includes a provision similar to
that proposed by the Senate (section 6081), requiring a
certification by the Secretary of State before any funding may
be made available to the central government of any country in
which a person indicted by the Special Court for Sierra Leone
or International Criminal Tribunal for Rwanda is living.
The conferees believe that Charles Taylor should stand
trial for the crimes for which he has been indicted. In
subsection (d), the conferees require a report by the President
outlining the Administration's strategy for working with the
Government of Nigeria to turn over Charles Taylor to the
Special Court for Sierra Leone. If that report has not been
received by 120 days following enactment of this Act, no
funding may be made available for the central Government of
Nigeria. This restriction is not intended to include support
provided for peacekeeping operations in other countries.
Sec. 591. Security in Asia
The conference agreement includes a provision similar to
that proposed by the Senate (section 6084) which (1) specifies
military assistance for a number of countries in Asia; (2)
makes funds available for the Philippines to address critical
deficiencies identified in the Joint Defense Assessment of
2003; (3) permits funding for the Indonesian Navy, subject to
the notification of the Committees on Appropriations; and (4)
makes funds available for Cambodia notwithstanding certain
provisions of this Act.
The conference agreement does not include language
proposed by the Senate with respect to Nepal in this provision.
These requirements are addressed in section 592.
Sec. 592. Nepal
The conference agreement includes a new provision similar
to language proposed by the Senate in subsection (e) of section
6084 which addressed Nepal.
For purposes of determining whether the conditions for
certification have been met, the conferees intend that ``civil
liberties'' include due process under law, freedoms of speech,
the press and association, and the right of movement; and
``protecting human rights'' includes (1) the release of all
political detainees including those detained before February 1,
2005; (2) granting civilian prosecutors and judicial
authorities, the National Human Rights Commission of Nepal
(NHRC), the Office of the United Nations High Commissioner for
Human Rights in Nepal, and international humanitarian
organizations, unannounced and unimpeded access to all
detainees, places of detention, witnesses, relevant documents
and other requested information, and cooperating with these
entities to identify and resolve all security related cases
involving persons in government custody; (3) complying with
international humanitarian law and ending torture,
extrajudicial killings and other gross violations of human
rights, and prosecuting and punishing individuals responsible
for such violations; (4) restoring the independence of the NHRC
in accordance with constitutional provisions, including
providing adequate funding and staff; (5) complying with habeas
corpus orders issued by Nepal's courts including all
outstanding orders, and the security forces are respecting such
orders; and (6) ensuring that the Commission for Investigation
of Abuse of Authority is receiving adequate support to
effectively implement its mandate and that no other anti-
corruption body is functioning in violation of the 1990
Constitution or contrary to due process.
Sec. 593. Neglected Diseases
The conference agreement includes a provision similar to
that proposed by the Senate (section 6094) which allocates
$15,000,000 of the ``Child Survival and Health Programs Fund''
to fight neglected diseases. The conferees recognize that a
multilateral initiative may be the most effective mechanism for
leveraging and coordinating with additional contributions from
other donors. The Administrator of USAID should consult with
the Committees on Appropriations before a mechanism is chosen.
Until such a mechanism is available, the Administrator should
develop and implement the program through existing bilateral
and multilateral mechanisms.
Sec. 594. Orphans, Displaced and Abandoned Children
The conference agreement includes a provision similar to
that proposed by the Senate (section 6095) which provides not
less than $3,000,000 for activities to improve the capacity of
foreign government agencies and NGOs to prevent child
abandonment, address the needs of orphans, displaced and
abandoned children and provide permanent homes through family
reunification, guardianship and domestic adoptions.
Sec. 595. Advisor for Indigenous Peoples Issues
The conference agreement includes a provision similar to
that proposed by the Senate (section 6097) that requires USAID
to appoint an Advisor for Indigenous Peoples Issues.
Sec. 596. Statement
The conference agreement includes a provision similar to
that proposed by the Senate (section 6112) which requires that
funds in the specified accounts be allocated as indicated in
the respective tables in this statement of the managers. Any
change to these allocations is subject to the regular
reprogramming procedures of the Committees on Appropriations.
Sec. 597. Combatting Piracy of United States Copyrighted Materials
The conference agreement includes a provision similar to
that proposed by the Senate (section 6115) regarding the use of
funds under the heading ``International Narcotics Control and
Law Enforcement'' to combat piracy of United States copyrighted
materials overseas.
Sec. 598. Malaria
The conference agreement includes a provision, similar to
that proposed by the Senate (section 6125) which addresses
malaria. The House did not address this matter. Further
discussion of malaria is under ``Child Survival and Health
Programs Fund''.
Sec. 599. Oversight of Iraq Reconstruction
The conference agreement includes a provision, similar to
that proposed by the Senate (section 6131) which addresses
authorities and funding for the Special Inspector General for
Iraq Reconstruction (SIGIR), amended to extend the period of
oversight for the SIGIR without providing additional funds as
proposed by the Senate.
The conferees endorse oversight of United States
reconstruction efforts in Iraq and therefore support the work
of the SIGIR. The conferees intend that programs and operations
of the Coalition Provisional Authority (CPA) that had been
within the oversight jurisdiction of the Coalition Provisional
Authority Inspector General (CPA-IG) remain within the
jurisdiction of its successor, SIGIR. The conferees understand
that SIGIR has sufficient funds to carry out its activities
through fiscal year 2006 and expect any additional funds
necessary to complete SIGIR's work in fiscal year 2007 will be
included in the fiscal year 2007 budget request for
consideration in the fiscal year 2007 appropriations process.
With respect to Iraq's reconstruction, the conferees note
the importance of an open and transparent process in developing
projects, issuing contracts and fulfilling those contracts
currently underway. The conferees encourage the State
Department and the Defense Department to consider current
proposals to use advanced software programs that provide
solutions for soliciting contracts and ensuring that the
bidding process is transparent and accountable.
The conferees are aware of a joint proposal by the Sabre
Foundation and the Harvard Committee on Iraqi Libraries to
enhance the quality and quantity of Iraqi university library
collections. The conferees urge the State Department, working
with other donors, to enhance and strengthen higher education
in Iraq.
Sec. 599A. Nonproliferation and Counterproliferation Efforts
The conference agreement includes a provision similar to
that proposed by the Senate (section 6134) which makes NADR
funds available for certain nonproliferation and
counterproliferation efforts, but does not include the
reference to the Cooperative Threat Reduction program and the
National Counter Proliferation Center as proposed by the
Senate. The House did not address this matter.
Sec. 599B. Promotion of Policy Goals at Multilateral Development Banks
The conference agreement includes a provision, similar to
that proposed by the Senate, which amends the International
Financial Institutions Act by requiring the Secretary of the
Treasury to inform the multilateral development banks and the
executive directors of such banks of certain reform goals and
to actively promote these reforms. The conferees believe these
reforms would improve transparency, deter corruption, promote
justice and accountability, protect whistleblowers, and enhance
the quality of MDB-financed projects, and should be vigorously
implemented. The House did not address this matter.
Sec. 599C. Authorizations
The conference agreement includes authorization language
for the International Development Association, the African
Development Fund, and the Asian Development Fund.
Sec. 599D. Anticorruption Provisions
The conference agreement includes a provision, similar to
that proposed by the House that would withhold 20 percent of
the funds for the World Bank's International Development
Association (IDA) from disbursement until the Secretary of the
Treasury makes a certification about a number of procurement
issues that would increase transparency in the World Bank
procurement process. The provision includes International Bank
for Reconstruction and Development (IBRD) loans as well as IDA
credit agreement or grants and project preparation advances,
and ``World Bank procurement guidelines'' include the following
World Bank Guidelines: Procurement Under IBRD Loans and IDA
Credits; Guidelines: Selection and Employment of Consultants by
World Bank Borrowers; and, all relevant Standard Bidding
Documents applicable to World Bank-funded tenders. The Senate
did not address this issue.
Sec. 599E. Assistance for Demobilization and Disarmament of Former
Irregular Combatants in Colombia
The conferees include a provision that provides up to
$20,000,000 to demobilize and disarm former members of
Colombian terrorist organizations. This funding may be made
available if the Secretary of State certifies that certain
conditions specified in the language are met.
Sec. 599F. Indonesia
The conferees include a provision, similar to that
proposed by the Senate (section 6072), which conditions the
availability of military assistance for Indonesia on a
certification by the Secretary of State that certain conditions
have been met. The conferees are grateful for Indonesia's
contributions to the global war on terrorism, and recognize the
important progress evinced by the government of Indonesia in
advancing civilian control of the military. The conferees
remain concerned with human rights in Indonesia, including the
role of some Indonesian military officers in organizing and
supplying militia groups during 1999 attacks in East Timor, and
urge the Indonesian Government to bring those responsible to
justice. The House did not address this issue.
Sec. 599G. Report on Indonesian Cooperation
The conferees include a provision, similar to that
proposed by the Senate (section 6108), which requires a report
by the Secretary of State on progress being made into the
investigation and prosecution of the murders of two United
States citizens and one Indonesian citizen in 2002.
PROVISIONS NOT ADOPTED BY THE CONFEREES
The conference agreement does not include a provision
proposed by the House and the Senate (sections 504 and 6024)
regarding ``Limitation on Expenses''. This issue is addressed
in section 505, ``Limitation on Expenses and Representational
Allowances''.
The conference agreement does not include a provision
proposed by the Senate (section 6025) that prohibited certain
funds from this Act from being used to procure aircraft. The
House did not address this matter. The conferees have addressed
this matter under the heading ``International Narcotics Control
and Law Enforcement''.
The conference agreement does not include a provision
proposed by both the House (section 526) and the Senate
(section 6026) that addressed funding for democracy programs
and instead creates a new appropriation in title II,
``Democracy Programs'' to accommodate the financing otherwise
addressed in these title V provisions.
The conference agreement does not include a provision
proposed by the House (section 572) or a provision proposed by
the Senate (section 6089), regarding assistance for Cuba.
The conference agreement does not include a provision
proposed by the Senate (section 6073), which prohibited funds
from being used to fund any contract contravening section
8(d)(6) of the Small Business Act. This provision was not
included because such a requirement is permanent law. The House
did not address this issue.
The conference agreement does not include a provision
proposed by the House (section 580) which provided authority to
transfer up to $100,000,000 to furnish reconstruction and
stabilization assistance.
The conference agreement does not include a provision,
similar to provisions proposed by the House (section 581) and
the Senate (section 6083) which reduced unobligated balances.
The conference agreement does not include a Senate
provision (section 6082) related to the admission and
resettlement of refugees to the United States. The House did
not address this matter. However, consistent with the Senate
provision, the conferees expect the Secretary of State to
continue to utilize private voluntary and international
nongovernmental organizations with expertise in the protection
needs of refugees in the processing of refugees overseas for
admission and resettlement to the United States, and to utilize
such organizations in addition to the United Nations High
Commissioner for Refugees in the identification and referral of
refugees.
The conference agreement does not include a House
provision (section 583), the ``Prohibition on Certain
International Narcotics Control and Law Enforcement Assistance
to the Government of Haiti''. The issue is addressed under
section 549, ``Haiti'', in the conference agreement. The Senate
did not address this matter.
The conference agreement does not include a provision
proposed by the House (section 584) that prohibited funds for
assistance to Romania. The Senate did not address this issue.
The conference agreement does not include language
regarding UNDP in Burma, as proposed by the Senate (section
6085). The House did not address this matter. The conferees
appreciate the responsiveness of the UNDP's Washington-based
staff to concerns with UNDP programs and activities in Burma.
The conference agreement does not include a provision
proposed by the House (section 586) that limited the
availability of funds while there is a vacancy at the head of
the Office of Inspector General of the Bank. The conferees
addressed this issue in title I of this Act as proposed by the
Senate.
The conference agreement does not include the provision
``Democracy Exception'' as proposed by the Senate (section
6086). This issue is addressed in section 574. The House did
not address this matter.
The conference agreement does not include a provision
proposed by the Senate (section 6087) regarding ``University
Programs'' and USAID. The House did not address this matter.
The conference agreement does not include a provision
proposed by the House (section 589) regarding Export-Import
Bank assistance for nuclear power projects.
The conference agreement does not include a Senate
provision (section 6090) regarding funding for English language
training in Francophone countries. The House did not address
this matter. However, the conferees direct that funds made
available under the heading ``Economic Support Fund'' be made
available for such purposes.
The conference agreement does not include a provision
proposed by the Senate (section 6091) regarding transfer of
funds. The House did not address this matter.
The conference agreement does not include a provision
proposed by the Senate (section 6092) ``Organized Crime and
Corruption in Central America''. The House did not address this
matter. The conference agreement addresses this issue under
section 576 ``Central America''.
The conference agreement does not include a Senate
provision (section 6093) regarding assistance for Iraq. The
House did not address this matter. The conference agreement
includes language under the heading ``Economic Support Fund''
to transfer $5,000,000 to the Iraq Relief and Reconstruction
Fund for the Marla Ruzicka Iraqi War Victims Fund for
assistance for families and communities that have suffered
losses as a result of the military operations. The conferees
direct USAID to: (1) support joint training for implementing
NGOs to share lessons learned and improve coordination and
communication; (2) explore approaches to help alleviate
emotional trauma; and (3) facilitate dialogue between victims,
their communities, and United States and coalition armed forces
to promote reconciliation and reduce civilian casualties.
The conference agreement does not include a provision
proposed by the Senate (section 6096) ``Forensic Assistance''.
The House did not address this matter. The conferees provide
$3,000,000 under the ``Democracy Fund'' account to support
investigations, including DNA analysis, in cases of
extrajudicial killings and child disappearances in Central and
South America, in addition to funds otherwise made available
for such purposes.
The conference agreement does not include a provision
proposed by the Senate (section 6109) regarding a ``West Papua
Report'' requiring the Secretary of State to submit a report
regarding Indonesian troops, and current humanitarian and human
rights conditions, in the Papua region of Indonesia. The House
did not address this matter. The conferees direct the Secretary
of State to submit, within 90 days of enactment of the Act, the
report required by the Senate provision.
The conference agreement does not include a provision
proposed by the Senate (section 6111) regarding ``Assistance
for Foreign Nongovernmental Organizations''. The House did not
address this issue.
The conference agreement does not include a provision
proposed by the Senate (section 6114) that extends the
eligibility of certain potential Vietnamese refugees to be
considered refugees ``of special humanitarian concern'' and to
be resettled in the United States. Instead, the conferees agree
to address this issue in section 534 (``Special Authorities'').
The conferees understand that this will be the last year such
an extension will be necessary.
The conference agreement does not include a provision
proposed by the Senate (section 6116) regarding a ``Report on
Anti-Retroviral Drug Procurement''. The conferees request the
Global AIDS Coordinator to submit the report required in
section 6116 of the Senate bill as part of its annual reporting
requirements. The House did not address this issue.
The conference agreement does not include a provision
proposed by the Senate (section 6117) regarding ``Forced
Repatriation of Refugees in Cambodia''. The House did not
address this issue. The conferees note that Cambodia has a long
and tragic history as a nation of refugees and strongly urge
the Government of Cambodia to demonstrate greater compassion
with the plight of its Montagnard neighbors. The conferees
encourage the United Nations and other organizations to help
safeguard all Montagnard refugees returned to Vietnam. The
conferees direct the State Department to provide a report to
the Committees on Appropriations not later than 90 days after
enactment of this Act detailing the concerns of the Special
Representative of the Secretary-General for Human Rights in
Cambodia with the January 25, 2005 Memorandum of Understanding
between the United Nations High Commissioner for Refugees
(UNHCR) and the Governments of Cambodia and Vietnam, an
assessment of the validity of those concerns, and actions taken
by UNHCR to address the concerns.
The conference agreement does not include a provision
proposed by the Senate (section 6118) regarding ``Transfer of
Funds''. Not less than $450,000,000 is made available for a
United States contribution to the Global Fund to Fight AIDS, TB
and Malaria from funds appropriated under the headings ``Child
Survival and Health Programs Fund'' and ``Global HIV/AIDS
Initiative''.
The conference agreement does not include a provision
proposed by the Senate (section 6119) that transferred
$50,000,000 to the FMF account for assistance to support the
African Union Mission in Sudan. While the conference agreement
does not include additional funds for this Mission in Sudan,
the Administration should expeditiously submit a request for
any necessary funding.
The conference agreement does not include a provision
proposed by the Senate (section 6120), ``Support for Democracy
and Governance Activities in Zimbabwe''. This issue is
addressed under the heading ``Economic Support Fund''. The
House did not address this matter.
The conference agreement does not include a provision
proposed by the Senate (section 6121) regarding assistance for
Venezuela. This issue is addressed under the heading
``Democracy Fund'' in title II of this Act. The House did not
address this matter.
The conference agreement does not include a provision
proposed by the Senate (section 6123) regarding the Export-
Import Bank. The conferees direct that the Inspector General
shall provide a written analysis to the Committees on
Appropriations and other appropriate committees, including the
Senate Finance Committee, within 90 days of appointment as to
whether loan guarantees provided to an ethanol dehydration
plant in Trinidad and Tobago met the conditions of section
2(e)(4) of the Export-Import Bank Act of 1945 or any provision
in the Bank's charter. The analysis shall include whether
``value added'' methodology is routinely used by the Bank to
determine whether or not a proposed loan guarantee or export
credit meets the statutory test found in section 2(e)(4). The
Inspector General shall also make recommendations as to whether
it is appropriate to use such methodology in making a
determination of substantial injury.
The conference agreement does not include a provision
proposed by the Senate (section 6126) regarding ``Report on
Small Arms Programs'' that required the Secretary of State to
submit a report describing activities and progress by the State
Department on the destruction of small arms and light weapons.
The House did not address this matter. The conferees direct the
Secretary of State to submit, within 180 days of enactment of
the Act, the report required by the Senate provision.
The conference agreement does not include a provision
proposed by the Senate (section 6127) regarding democracy
programs in Iraq. This issue is addressed under the heading
``Economic Support Funds'' in title II of this Act. The House
did not address this matter.
The conference agreement does not include a provision
proposed by the Senate (section 6128) that addressed orphans
and displaced and abandoned children. The House did not address
this matter.
The conference agreement does not include a provision
proposed by the Senate (section 6130) regarding a ``Report on
Reciprocity''. The House did not address this issue.
The conference agreement does not include a provision
proposed by the Senate (section 6135) regarding police training
activities conducted by the State Department's INCLE bureau.
The House did not address this matter. The conferees direct the
Secretary of State to ensure that: (1) training is provided by
instructors with proven records of experience; (2) the bureau
has established procedures to ensure vetting of trainees for
criminal or terrorist backgrounds and minimum age and
experience requirements; (3) the bureau has established
procedures that set standards for training and provide
certification to meet such standards. The conferees further
direct the Secretary to submit the report required by the
Senate provision within 180 days of enactment of the Act.
The conference agreement adopts the title of the bill as
proposed by the House.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2006 recommended by the Committee of Conference,
with comparisons to the fiscal year 2005 amount, the 2006
budget estimates, and the House and Senate bills for 2006
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2005... 22,310,592
Budget estimates of new (obligational) authority, fiscal
year 2006........................................... 22,867,945
House bill, fiscal year 2006............................ 20,311,677
Senate bill, fiscal year 2006........................... 22,122,189
Conference agreement, fiscal year 2006.................. 20,978,490
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2005.............................................. -1,332,102
Budget estimates of new (obligational) authority,
fiscal year 2006.................................. -1,889,455
House bill, fiscal year 2006........................ +666,813
Senate bill, fiscal year 2006....................... -1,143,699
Jim Kolbe,
Jerry Lewis,
Joe Knollenberg,
Mark Steven Kirk,
Ander Crenshaw,
Don Sherwood,
John E. Sweeney,
Dennis Rehberg,
John Carter,
Nita M. Lowey,
David R. Obey,
Jesse L. Jackson, Jr.,
Carolyn C. Kilpatrick,
Steven R. Rothman,
Chaka Fattah,
Managers on the Part of the House.
Mitch McConnell,
Arlen Specter,
Judd Gregg,
Richard Shelby,
Robert F. Bennett,
Christopher Bond,
Mike DeWine,
Sam Brownback,
Thad Cochran,
Patrick J. Leahy,
Daniel Inouye,
Tom Harkin,
Barbara A. Mikulski,
Dick Durbin,
Tim Johnson,
Mary L. Landrieu,
Robert C. Byrd,
Managers on the Part of the Senate.