II Calendar No. 512 109TH CONGRESS 2D SESSION H.R. 5522 [Report No. 109­277] IN THE SENATE OF THE UNITED STATES JUNE 12, 2006 Received; read twice and referred to the Committee on Appropriations JULY 10, 2006 Reported by Mr. MCCONNELL, with an amendment and an amendment to the title [Strike out all after the enacting clause and insert the part printed in italic] AN ACT Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2007, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the following sums are appropriated, out of any 4 money in the Treasury not otherwise appropriated, for the 5 fiscal year ending September 30, 2007, and for other pur6 poses, namely: 2 1 2 3 4 5 6 TITLE I--EXPORT AND INVESTMENT ASSISTANCE EXPORT-IMPORT BANK OF THE UNITED STATES INSPECTOR GENERAL For necessary expenses of the Office of Inspector 7 General in carrying out the provisions of the Inspector 8 General Act of 1978, as amended, $988,000, to remain 9 available until September 30, 2008. 10 11 PROGRAM ACCOUNT The Export-Import Bank of the United States is au- 12 thorized to make such expenditures within the limits of 13 funds and borrowing authority available to such corpora14 tion, and in accordance with law, and to make such con15 tracts and commitments without regard to fiscal year limi16 tations, as provided by section 104 of the Government 17 Corporation Control Act, as may be necessary in carrying 18 out the program for the current fiscal year for such cor19 poration: Provided, That none of the funds available dur20 ing the current fiscal year may be used to make expendi21 tures, contracts, or commitments for the export of nuclear 22 equipment, fuel, or technology to any country, other than 23 a nuclear-weapon state as defined in Article IX of the 24 Treaty on the Non-Proliferation of Nuclear Weapons eligi25 ble to receive economic or military assistance under this HR 5522 RS 3 1 Act, that has detonated a nuclear explosive after the date 2 of the enactment of this Act: Provided further, That not3 withstanding section 1(c) of Public Law 103­428, as 4 amended, sections 1(a) and (b) of Public Law 103­428 5 shall remain in effect through October 1, 2007. 6 7 SUBSIDY APPROPRIATION For the cost of direct loans, loan guarantees, insur- 8 ance, and tied-aid grants as authorized by section 10 of 9 the Export-Import Bank Act of 1945, as amended, 10 $26,382,000, to remain available until September 30, 11 2010: Provided, That such costs, including the cost of 12 modifying such loans, shall be as defined in section 502 13 of the Congressional Budget Act of 1974: Provided fur14 ther, That such sums shall remain available until Sep15 tember 30, 2025, for the disbursement of direct loans, 16 loan guarantees, insurance and tied-aid grants obligated 17 in fiscal years 2007, 2008, 2009, and 2010: Provided fur18 ther, That none of the funds appropriated by this Act or 19 any prior Act appropriating funds for foreign operations, 20 export financing, and related programs for tied-aid credits 21 or grants may be used for any other purpose except 22 through the regular notification procedures of the Com23 mittees on Appropriations: Provided further, That funds 24 appropriated by this paragraph are made available not25 withstanding section 2(b)(2) of the Export-Import Bank HR 5522 RS 4 1 Act of 1945, in connection with the purchase or lease of 2 any product by any Eastern European country, any Baltic 3 State or any agency or national thereof. 4 5 ADMINISTRATIVE EXPENSES For administrative expenses to carry out the direct 6 and guaranteed loan and insurance programs, including 7 hire of passenger motor vehicles and services as authorized 8 by 5 U.S.C. 3109, and not to exceed $30,000 for official 9 reception and representation expenses for members of the 10 Board of Directors, $75,234,000 (reduced by $5,000,000) 11 (reduced by $1,000,000): Provided, That the Export-Im12 port Bank may accept, and use, payment or services pro13 vided by transaction participants for legal, financial, or 14 technical services in connection with any transaction for 15 which an application for a loan, guarantee or insurance 16 commitment has been made: Provided further, That, not17 withstanding subsection (b) of section 117 of the Export 18 Enhancement Act of 1992, subsection (a) thereof shall re19 main in effect until October 1, 2007. 20 21 22 23 OVERSEAS PRIVATE INVESTMENT CORPORATION NON-CREDIT ACCOUNT The Overseas Private Investment Corporation is au- 24 thorized to make, without regard to fiscal year limitations, 25 as provided by 31 U.S.C. 9104, such expenditures and HR 5522 RS 5 1 commitments within the limits of funds available to it and 2 in accordance with law as may be necessary: Provided, 3 That the amount available for administrative expenses to 4 carry out the credit and insurance programs (including an 5 amount for official reception and representation expenses 6 which shall not exceed $35,000) shall not exceed 7 $45,453,000 (reduced by $1,000,000): Provided further, 8 That project-specific transaction costs, including direct 9 and indirect costs incurred in claims settlements, and 10 other direct costs associated with services provided to spe11 cific investors or potential investors pursuant to section 12 234 of the Foreign Assistance Act of 1961, shall not be 13 considered administrative expenses for the purposes of this 14 heading. 15 16 PROGRAM ACCOUNT For the cost of direct and guaranteed loans, 17 $20,035,000, as authorized by section 234 of the Foreign 18 Assistance Act of 1961, to be derived by transfer from 19 the Overseas Private Investment Corporation Non-Credit 20 Account: Provided, That such costs, including the cost of 21 modifying such loans, shall be as defined in section 502 22 of the Congressional Budget Act of 1974: Provided fur23 ther, That such sums shall be available for direct loan obli24 gations and loan guaranty commitments incurred or made 25 during fiscal years 2007, 2008, and 2009: Provided fur- HR 5522 RS 6 1 ther, That funds so obligated in fiscal year 2007 remain 2 available for disbursement through 2014; funds obligated 3 in fiscal year 2008 remain available for disbursement 4 through 2015; funds obligated in fiscal year 2009 remain 5 available for disbursement through 2016: Provided further, 6 That notwithstanding any other provision of law, the 7 Overseas Private Investment Corporation is authorized to 8 undertake any program authorized by title IV of the For9 eign Assistance Act of 1961 in Iraq: Provided further, 10 That funds made available pursuant to the authority of 11 the previous proviso shall be subject to the regular notifi12 cation procedures of the Committees on Appropriations. 13 In addition, such sums as may be necessary for ad- 14 ministrative expenses to carry out the credit program may 15 be derived from amounts available for administrative ex16 penses to carry out the credit and insurance programs in 17 the Overseas Private Investment Corporation Non-Credit 18 Account and merged with said account. 19 20 TRADE AND DEVELOPMENT AGENCY For necessary expenses to carry out the provisions 21 of section 661 of the Foreign Assistance Act of 1961, 22 $50,300,000, to remain available until September 30, 23 2008. HR 5522 RS 7 1 2 3 TITLE II--BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT For expenses necessary to enable the President to 4 carry out the provisions of the Foreign Assistance Act of 5 1961, and for other purposes, to remain available until 6 September 30, 2007, unless otherwise specified herein, as 7 follows: 8 UNITED STATES AGENCY FOR INTERNATIONAL 9 10 11 12 DEVELOPMENT CHILD SURVIVAL AND HEALTH PROGRAMS FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions 13 of chapters 1 and 10 of part I of the Foreign Assistance 14 Act of 1961, for child survival, health, and family plan15 ning/reproductive health activities, in addition to funds 16 otherwise available for such purposes, $1,565,613,000, to 17 remain available until September 30, 2008: Provided, 18 That this amount shall be made available for such activi19 ties as: (1) immunization programs; (2) oral rehydration 20 programs; (3) health, nutrition, water and sanitation pro21 grams which directly address the needs of mothers and 22 children, and related education programs; (4) assistance 23 for children displaced or orphaned by causes other than 24 AIDS; (5) programs for the prevention, treatment, control 25 of, and research on HIV/AIDS, tuberculosis, polio, ma- HR 5522 RS 8 1 laria, and other infectious diseases, and for assistance to 2 communities severely affected by HIV/AIDS, including 3 children displaced or orphaned by AIDS; and (6) family 4 planning/reproductive health: Provided further, That none 5 of the funds appropriated under this heading may be made 6 available for nonproject assistance, except that funds may 7 be made available for such assistance for ongoing health 8 activities: Provided further, That of the funds appropriated 9 under this heading, not to exceed $350,000, in addition 10 to funds otherwise available for such purposes, may be 11 used to monitor and provide oversight of child survival, 12 maternal and family planning/reproductive health, and in13 fectious disease programs: Provided further, That the fol14 lowing amounts should be allocated as follows: 15 $356,400,000 for child survival and maternal health; 16 $25,000,000 for vulnerable children; $346,621,000 for 17 HIV/AIDS; $287,592,000 for other infectious diseases; 18 and $350,000,000 for family planning/reproductive health, 19 including in areas where population growth threatens bio20 diversity or endangered species: Provided further, That of 21 the funds appropriated under this heading, and in addition 22 to funds allocated under the previous proviso, not less 23 than $200,000,000 shall be made available, notwith24 standing any other provision of law, except for the United 25 States Leadership Against HIV/AIDS, Tuberculosis and HR 5522 RS 9 1 Malaria Act of 2003 (Public Law 108­25), for a United 2 States contribution to the Global Fund to Fight AIDS, 3 Tuberculosis and Malaria (the ``Global Fund''), and shall 4 be expended at the minimum rate necessary to make time5 ly payment for projects and activities: Provided further, 6 That funds appropriated under this heading, may be made 7 available for a United States contribution to The GAVI 8 Fund, and up to $6,000,000 may be transferred to and 9 merged with funds appropriated by this Act under the 10 heading ``Operating Expenses of the United States Agency 11 for International Development'' for costs directly related 12 to international health, but funds made available for such 13 costs may not be derived from amounts made available 14 for contributions under this and preceding provisos: Pro15 vided further, That none of the funds made available in 16 this Act nor any unobligated balances from prior appro17 priations may be made available to any organization or 18 program which, as determined by the President of the 19 United States, supports or participates in the manage20 ment of a program of coercive abortion or involuntary 21 sterilization: Provided further, That none of the funds 22 made available under this Act may be used to pay for the 23 performance of abortion as a method of family planning 24 or to motivate or coerce any person to practice abortions: 25 Provided further, That nothing in this paragraph shall be HR 5522 RS 10 1 construed to alter any existing statutory prohibitions 2 against abortion under section 104 of the Foreign Assist3 ance Act of 1961: Provided further, That none of the funds 4 made available under this Act may be used to lobby for 5 or against abortion: Provided further, That in order to re6 duce reliance on abortion in developing nations, funds 7 shall be available only to voluntary family planning 8 projects which offer, either directly or through referral to, 9 or information about access to, a broad range of family 10 planning methods and services, and that any such vol11 untary family planning project shall meet the following re12 quirements: (1) service providers or referral agents in the 13 project shall not implement or be subject to quotas, or 14 other numerical targets, of total number of births, number 15 of family planning acceptors, or acceptors of a particular 16 method of family planning (this provision shall not be con17 strued to include the use of quantitative estimates or indi18 cators for budgeting and planning purposes); (2) the 19 project shall not include payment of incentives, bribes, 20 gratuities, or financial reward to: (A) an individual in ex21 change for becoming a family planning acceptor; or (B) 22 program personnel for achieving a numerical target or 23 quota of total number of births, number of family planning 24 acceptors, or acceptors of a particular method of family 25 planning; (3) the project shall not deny any right or ben- HR 5522 RS 11 1 efit, including the right of access to participate in any pro2 gram of general welfare or the right of access to health 3 care, as a consequence of any individual's decision not to 4 accept family planning services; (4) the project shall pro5 vide family planning acceptors comprehensible information 6 on the health benefits and risks of the method chosen, in7 cluding those conditions that might render the use of the 8 method inadvisable and those adverse side effects known 9 to be consequent to the use of the method; and (5) the 10 project shall ensure that experimental contraceptive drugs 11 and devices and medical procedures are provided only in 12 the context of a scientific study in which participants are 13 advised of potential risks and benefits; and, not less than 14 60 days after the date on which the Administrator of the 15 United States Agency for International Development de16 termines that there has been a violation of the require17 ments contained in paragraph (1), (2), (3), or (5) of this 18 proviso, or a pattern or practice of violations of the re19 quirements contained in paragraph (4) of this proviso, the 20 Administrator shall submit to the Committees on Appro21 priations a report containing a description of such viola22 tion and the corrective action taken by the Agency: Pro23 vided further, That in awarding grants for natural family 24 planning under section 104 of the Foreign Assistance Act 25 of 1961 no applicant shall be discriminated against be- HR 5522 RS 12 1 cause of such applicant's religious or conscientious com2 mitment to offer only natural family planning; and, addi3 tionally, all such applicants shall comply with the require4 ments of the previous proviso: Provided further, That for 5 purposes of this or any other Act authorizing or appro6 priating funds for foreign operations, export financing, 7 and related programs, the term ``motivate'', as it relates 8 to family planning assistance, shall not be construed to 9 prohibit the provision, consistent with local law, of infor10 mation or counseling about all pregnancy options: Pro11 vided further, That to the maximum extent feasible, taking 12 into consideration cost, timely availability, and best health 13 practices, funds appropriated in this Act or prior appro14 priations Acts that are made available for condom pro15 curement shall be made available only for the procurement 16 of condoms manufactured in the United States: Provided 17 further, That information provided about the use of 18 condoms as part of projects or activities that are funded 19 from amounts appropriated by this Act shall be medically 20 accurate and shall include the public health benefits and 21 failure rates of such use. 22 23 DEVELOPMENT ASSISTANCE For necessary expenses to carry out the provisions 24 of sections 103, 105, 106, and sections 251 through 255, 25 and chapter 10 of part I of the Foreign Assistance Act HR 5522 RS 13 1 of 1961, $1,294,000,000, to remain available until Sep2 tember 30, 2008: Provided, That $365,000,000 should be 3 allocated for basic education: Provided further, That of 4 the funds appropriated under this heading and managed 5 by the United States Agency for International Develop6 ment Bureau of Democracy, Conflict, and Humanitarian 7 Assistance, not less than $15,000,000 shall be made 8 available only for programs to improve women's leader9 ship capacity in recipient countries: Provided further, 10 That such funds may not be made available for construc11 tion: Provided further, That of the funds appropriated 12 under this heading that are made available for assistance 13 programs for displaced and orphaned children and vic14 tims of war, not to exceed $42,500, in addition to funds 15 otherwise available for such purposes, may be used to 16 monitor and provide oversight of such programs: Pro17 vided further, That funds appropriated under this head18 ing should be made available for programs in sub-Saha19 ran Africa to address sexual and gender-based violence: 20 Provided further, That of the funds appropriated under 21 this heading, $10,000,000 may be made available for co22 operative development programs within the Office of Pri23 vate and Voluntary Cooperation: Provided further, That 24 not less than $20,000,000 should be made available for 25 rural water and sanitation projects in East Africa. HR 5522 RS 14 1 2 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE For necessary expenses to carry out the provisions 3 of section 491 of the Foreign Assistance Act of 1961 for 4 international disaster relief, rehabilitation, and recon5 struction assistance, $348,800,000, to remain available 6 until expended, of which $30,000,000 should be for famine 7 prevention and relief. 8 9 TRANSITION INITIATIVES For necessary expenses for international disaster re- 10 habilitation and reconstruction assistance pursuant to sec11 tion 491 of the Foreign Assistance Act of 1961, 12 $40,000,000, to remain available until expended, to sup13 port transition to democracy and to long-term develop14 ment of countries in crisis: Provided, That such support 15 may include assistance to develop, strengthen, or preserve 16 democratic institutions and processes, revitalize basic in17 frastructure, and foster the peaceful resolution of conflict: 18 Provided further, That the United States Agency for Inter19 national Development shall submit a report to the Com20 mittees on Appropriations at least 5 days prior to begin21 ning a new program of assistance: Provided further, That 22 if the President determines that it is important to the na23 tional interests of the United States to provide transition 24 assistance in excess of the amount appropriated under this 25 heading, up to $15,000,000 of the funds appropriated by HR 5522 RS 15 1 this Act to carry out the provisions of part I of the For2 eign Assistance Act of 1961 may be used for purposes of 3 this heading and under the authorities applicable to funds 4 appropriated under this heading: Provided further, That 5 funds made available pursuant to the previous proviso 6 shall be made available subject to prior consultation with 7 the Committees on Appropriations. 8 9 10 DEVELOPMENT CREDIT AUTHORITY (INCLUDING TRANSFER OF FUNDS) For the cost of direct loans and loan guarantees pro- 11 vided by the United States Agency for International De12 velopment, as authorized by sections 256 and 635 of the 13 Foreign Assistance Act of 1961, up to $21,000,000 may 14 be derived by transfer from funds appropriated by this Act 15 to carry out part I of such Act and under the heading 16 ``Assistance for Eastern Europe and the Baltic States'': 17 Provided, That such funds shall be made available only 18 for micro and small enterprise programs, urban programs, 19 and other programs which further the purposes of part 20 I of the Act: Provided further, That such costs, including 21 the cost of modifying such direct and guaranteed loans, 22 shall be as defined in section 502 of the Congressional 23 Budget Act of 1974, as amended: Provided further, That 24 funds made available by this paragraph may be used for 25 the cost of modifying any such guaranteed loans under HR 5522 RS 16 1 this Act or prior Acts, and funds used for such costs shall 2 be subject to the regular notification procedures of the 3 Committees on Appropriations: Provided further, That the 4 provisions of section 107A(d) (relating to general provi5 sions applicable to the Development Credit Authority) of 6 the Foreign Assistance Act of 1961, as contained in sec7 tion 306 of H.R. 1486 as reported by the House Com8 mittee on International Relations on May 9, 1997, shall 9 be applicable to direct loans and loan guarantees provided 10 under this heading: Provided further, That these funds are 11 available to subsidize total loan principal, any portion of 12 which is to be guaranteed, of up to $700,000,000. 13 In addition, for administrative expenses to carry out 14 credit programs administered by the United States Agency 15 for International Development, $8,400,000, which may be 16 transferred to and merged with the appropriation for Op17 erating Expenses of the United States Agency for Inter18 national Development: Provided, That funds made avail19 able under this heading shall remain available until Sep20 tember 30, 2009. 21 PAYMENT 22 23 TO THE FOREIGN SERVICE RETIREMENT DISABILITY FUND AND For payment to the ``Foreign Service Retirement and 24 Disability Fund'', as authorized by the Foreign Service 25 Act of 1980, $38,700,000. HR 5522 RS 17 1 OPERATING EXPENSES 2 3 FOR OF THE UNITED STATES AGENCY INTERNATIONAL DEVELOPMENT For necessary expenses to carry out the provisions 4 of section 667 of the Foreign Assistance Act of 1961, 5 $646,000,000, of which up to $25,000,000 may remain 6 available until September 30, 2008: Provided, That none 7 of the funds appropriated under this heading and under 8 the heading ``Capital Investment Fund'' may be made 9 available to finance the construction (including architect 10 and engineering services), purchase, or long-term lease of 11 offices for use by the United States Agency for Inter12 national Development, unless the Administrator has iden13 tified such proposed construction (including architect and 14 engineering services), purchase, or long-term lease of of15 fices in a report submitted to the Committees on Appro16 priations at least 15 days prior to the obligation of these 17 funds for such purposes: Provided further, That the pre18 vious proviso shall not apply where the total cost of con19 struction (including architect and engineering services), 20 purchase, or long-term lease of offices does not exceed 21 $1,000,000: Provided further, That contracts or agree22 ments entered into with funds appropriated under this 23 heading may entail commitments for the expenditure of 24 such funds through fiscal year 2008: Provided further, 25 That none of the funds in this Act may be used to open HR 5522 RS 18 1 a new overseas mission of the United States Agency for 2 International Development without the prior written noti3 fication to the Committees on Appropriations: Provided 4 further, That the authority of sections 610 and 109 of 5 the Foreign Assistance Act of 1961 may be exercised by 6 the Secretary of State to transfer funds appropriated to 7 carry out chapter 1 of part I of such Act to ``Operating 8 Expenses of the United States Agency for International 9 Development'' in accordance with the provisions of those 10 sections: Provided further, That none of the funds appro11 priated by this Act or any prior Act making appropria12 tions for foreign operations, export financing, or related 13 programs may be used by the United States Agency for 14 International Development for the rent of buildings and 15 space in buildings in the United States pursuant to the 16 authority of section 636(a)(1) of the Foreign Assistance 17 Act of 1961: Provided further, That the previous proviso 18 shall not apply to any lease, agreement, or other instru19 ment executed for the purpose of maintaining United 20 States Agency for International Development continuity 21 of operations and to the cost of terminating the domestic 22 lease executed on September 30, 2005. HR 5522 RS 19 1 2 3 CAPITAL INVESTMENT FUND AGENCY FOR OF THE UNITED STATES INTERNATIONAL DEVELOPMENT For necessary expenses for overseas construction and 4 related costs, and for the procurement and enhancement 5 of information technology and related capital investments, 6 pursuant to section 667 of the Foreign Assistance Act of 7 1961, $105,300,000, to remain available until expended: 8 Provided, That this amount is in addition to funds other9 wise available for such purposes: Provided further, That 10 funds appropriated under this heading shall be available 11 for obligation only pursuant to the regular notification 12 procedures of the Committees on Appropriations: Provided 13 further, That of the funds appropriated under this head14 ing, not to exceed $89,000,000 may be made available for 15 the purposes of implementing the Capital Security Cost 16 Sharing Program. 17 18 19 UNITED STATES AGENCY DEVELOPMENT OFFICE OF FOR INTERNATIONAL INSPECTOR GENERAL For necessary expenses to carry out the provisions 20 of section 667 of the Foreign Assistance Act of 1961, 21 $39,000,000, to remain available until September 30, 22 2008, which sum shall be available for the Office of the 23 Inspector General of the United States Agency for Inter24 national Development. HR 5522 RS 20 1 2 3 4 OTHER BILATERAL ECONOMIC ASSISTANCE ECONOMIC SUPPORT FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions 5 of chapter 4 of part II, $2,650,740,000 (increased by 6 $2,000,000), to remain available until September 30, 7 2008: Provided, That of the funds appropriated under this 8 heading, not less than $120,000,000 shall be available 9 only for Israel, which sum shall be available on a grant 10 basis as a cash transfer and shall be disbursed within 30 11 days of the enactment of this Act: Provided further, That 12 not less than $455,000,000 shall be available only for 13 Egypt, which sum shall be provided on a grant basis, and 14 of which sum cash transfer assistance shall be provided 15 with the understanding that Egypt will undertake signifi16 cant economic and political reforms which are additional 17 to those which were undertaken in previous fiscal years: 18 Provided further, That with respect to the provision of as19 sistance for Egypt for democracy and governance activi20 ties, the organizations implementing such assistance and 21 the specific nature of that assistance shall not be subject 22 to the prior approval by the Government of Egypt: Pro23 vided further, That of the funds appropriated under this 24 heading for assistance for Egypt, not less than 25 $135,000,000 shall be made available for project assist- HR 5522 RS 21 1 ance, of which not less than $50,000,000 shall be made 2 available for democracy, human rights and governance 3 programs and not less than $50,000,000 shall be used for 4 education programs: Provided further, That of the funds 5 appropriated under this heading for assistance for Egypt 6 for economic reform activities, $200,000,000 shall be 7 withheld from obligation until the Secretary of State de8 termines and reports to the Committees on Appropriations 9 that Egypt has met the calendar year 2005 benchmarks 10 accompanying the ``Financial Sector Reform Memo11 randum of Understanding'' dated March 20, 2005: Pro12 vided further, That of the funds appropriated under this 13 heading, $135,000,000 is available only to carry out pro14 grams in Colombia and may be transferred to ``Develop15 ment Assistance'' to continue programs administered by 16 the United States Agency for International Development: 17 Provided further, That $15,000,000 of the funds appro18 priated under this heading should be made available for 19 Cyprus to be used only for scholarships, administrative 20 support of the scholarship program, bicommunal projects, 21 and measures aimed at reunification of the island and de22 signed to reduce tensions and promote peace and coopera23 tion between the two communities on Cyprus: Provided 24 further, That in exercising the authority to provide cash 25 transfer assistance for Israel, the President shall ensure HR 5522 RS 22 1 that the level of such assistance does not cause an adverse 2 impact on the total level of nonmilitary exports from the 3 United States to such country and that Israel enters into 4 a side letter agreement in an amount proportional to the 5 fiscal year 1999 agreement: Provided further, That of the 6 funds appropriated under this heading, not less than 7 $250,500,000 should be made available only for assistance 8 for Jordan: Provided further, That none of the funds ap9 propriated under this heading may be made available for 10 assistance for the West Bank and Gaza: Provided further, 11 That $35,500,000 of the funds appropriated under this 12 heading shall be made available for assistance for Leb13 anon, of which not less than $6,000,000 should be made 14 available for scholarships and direct support of American 15 educational institutions in Lebanon: Provided further, 16 That not more than $225,000,000 of the funds made 17 available for assistance for Afghanistan under this head18 ing may be obligated for such assistance until the Sec19 retary of State certifies to the Committees on Appropria20 tions that the Government of Afghanistan at both the na21 tional and local level is cooperating fully with United 22 States funded poppy eradication and interdiction efforts 23 in Afghanistan: Provided further, That such report shall 24 include an analysis of the steps being taken by the Govern25 ment of Afghanistan, at the national and local level, to HR 5522 RS 23 1 cooperate fully with United States funded poppy eradi2 cation and interdiction efforts in Afghanistan: Provided 3 further, That of the funds appropriated under this heading 4 that are available for assistance for the Democratic Re5 public of Timor-Leste, up to $1,000,000 may be available 6 for administrative expenses of the United States Agency 7 for International Development: Provided further, That not8 withstanding any other provision of law, funds appro9 priated under this heading may be made available for pro10 grams and activities for the Central Highlands of Viet11 nam: Provided further, That funds appropriated under this 12 heading that are made available for a Middle East Financ13 ing Facility, Middle East Enterprise Fund, or any other 14 similar entity in the Middle East shall be subject to the 15 regular notification procedures of the Committees on Ap16 propriations. 17 18 INTERNATIONAL FUND FOR IRELAND For necessary expenses to carry out the provisions 19 of chapter 4 of part II of the Foreign Assistance Act of 20 1961, $10,800,000, which shall be available for the United 21 States contribution to the International Fund for Ireland 22 and shall be made available in accordance with the provi23 sions of the Anglo-Irish Agreement Support Act of 1986 24 (Public Law 99­415): Provided, That such amount shall 25 be expended at the minimum rate necessary to make time- HR 5522 RS 24 1 ly payment for projects and activities: Provided further, 2 That funds made available under this heading shall re3 main available until September 30, 2008. 4 5 6 ASSISTANCE FOR EASTERN EUROPE STATES AND THE BALTIC (a) For necessary expenses to carry out the provisions 7 of the Foreign Assistance Act of 1961 and the Support 8 for East European Democracy (SEED) Act of 1989, 9 $227,900,000, to remain available until September 30, 10 2008, which shall be available, notwithstanding any other 11 provision of law, for assistance and for related programs 12 for Eastern Europe and the Baltic States. 13 (b) Funds appropriated under this heading shall be 14 considered to be economic assistance under the Foreign 15 Assistance Act of 1961 for purposes of making available 16 the administrative authorities contained in that Act for 17 the use of economic assistance. 18 (c) The provisions of section 529 of this Act shall 19 apply to funds appropriated under this heading: Provided, 20 That notwithstanding any provision of this or any other 21 Act, including provisions in this subsection regarding the 22 application of section 529 of this Act, local currencies gen23 erated by, or converted from, funds appropriated by this 24 Act and by previous appropriations Acts and made avail25 able for the economic revitalization program in Bosnia HR 5522 RS 25 1 may be used in Eastern Europe and the Baltic States to 2 carry out the provisions of the Foreign Assistance Act of 3 1961 and the SEED Act. 4 (d) The President is authorized to withhold funds ap- 5 propriated under this heading made available for economic 6 revitalization programs in Bosnia and Herzegovina, if he 7 determines and certifies to the Committees on Appropria8 tions that the Federation of Bosnia and Herzegovina has 9 not complied with article III of annex 1­A of the General 10 Framework Agreement for Peace in Bosnia and 11 Herzegovina concerning the withdrawal of foreign forces, 12 and that intelligence cooperation on training, investiga13 tions, and related activities between state sponsors of ter14 rorism and terrorist organizations and Bosnian officials 15 has not been terminated. 16 17 18 ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION (a) For necessary expenses to carry out the provisions 19 of chapters 11 and 12 of part I of the Foreign Assistance 20 Act of 1961 and the FREEDOM Support Act, for assist21 ance for the Independent States of the former Soviet 22 Union and for related programs, $371,280,000, to remain 23 available until September 30, 2008: Provided, That the 24 provisions of such chapters shall apply to funds appro25 priated by this paragraph: Provided further, That funds HR 5522 RS 26 1 made available for the Southern Caucasus region may be 2 used, notwithstanding any other provision of law, for con3 fidence-building measures and other activities in further4 ance of the peaceful resolution of the regional conflicts, 5 especially those in the vicinity of Abkhazia and Nagorno6 Karabagh: Provided further, That notwithstanding any 7 other provision of law, funds appropriated under this 8 heading in this Act or prior Acts making appropriations 9 for foreign operations, export financing, and related pro10 grams, that are made available pursuant to the provisions 11 of section 807 of Public Law 102­511 shall be subject 12 to a 6 percent ceiling on administrative expenses. 13 (b) Of the funds appropriated under this heading, not 14 less than $41,000,000 should be made available, in addi15 tion to funds otherwise available for such purposes, for 16 assistance for child survival, environmental and reproduc17 tive health, and to combat HIV/AIDS, tuberculosis and 18 other infectious diseases, and for related activities. 19 (c)(1) Of the funds appropriated under this heading 20 that are allocated for assistance for the Government of 21 the Russian Federation, 60 percent shall be withheld from 22 obligation until the President determines and certifies in 23 writing to the Committees on Appropriations that the Gov24 ernment of the Russian Federation-- HR 5522 RS 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (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 nongovernment 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. (d) Section 907 of the FREEDOM Support Act shall 18 not apply to-- 19 20 21 22 23 24 25 (1) activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1424 of Public Law 104­201 or nonproliferation assistance; (2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961; HR 5522 RS 28 1 2 3 4 5 6 7 8 9 10 11 12 13 (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; (5) any financing provided under the ExportImport Bank Act of 1945; or (6) humanitarian assistance. TRADE CAPACITY ENHANCEMENT FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions 14 of the Foreign Assistance Act of 1961 for the enhance15 ment of trade capacity in foreign countries, $522,000,000, 16 to remain available until September 30, 2008: Provided, 17 That these funds shall be available to the Director of 18 Trade Capacity Enhancement to be used only for enhanc19 ing trade capacity, most especially to assist a country in 20 efforts to qualify for, implement and benefit from free 21 trade agreements with the United States: Provided further, 22 That in order to accomplish the purposes provided herein, 23 funds appropriated under this heading may be transferred 24 to and merged with funds appropriated by this Act under 25 the headings ``Development Assistance'', ``Economic Sup- HR 5522 RS 29 1 port Fund'', ``Assistance for Eastern Europe and the Bal2 tic States'', ``Assistance to Independent States of the 3 Former Soviet Union'', and ``Andean Counterdrug Initia4 tive'': Provided further, That any such transfers shall be 5 subject to the regular notification procedures of the Com6 mittees on Appropriations: Provided further, That funds 7 appropriated under this heading are in addition to funds 8 otherwise available for such purposes. 9 10 11 INDEPENDENT AGENCIES INTER-AMERICAN FOUNDATION For necessary expenses to carry out the functions of 12 the Inter-American Foundation in accordance with the 13 provisions of section 401 of the Foreign Assistance Act 14 of 1969, $19,268,000, to remain available until Sep15 tember 30, 2008. 16 17 AFRICAN DEVELOPMENT FOUNDATION For necessary expenses to carry out title V of the 18 International Security and Development Cooperation Act 19 of 1980, Public Law 96­533, $22,726,000, to remain 20 available until September 30, 2008: Provided, That funds 21 made available to grantees may be invested pending ex22 penditure for project purposes when authorized by the 23 Board of Directors of the Foundation: Provided further, 24 That interest earned shall be used only for the purposes 25 for which the grant was made: Provided further, That not- HR 5522 RS 30 1 withstanding section 505(a)(2) of the African Develop2 ment Foundation Act: (1) in exceptional circumstances the 3 Board of Directors of the Foundation may waive the 4 $250,000 limitation contained in that section with respect 5 to a project; and (2) a project may exceed the limitation 6 by up to $10,000 if the increase is due solely to foreign 7 currency fluctuation: Provided further, That the Founda8 tion shall provide a report to the Committees on Appro9 priations after each time such authority is exercised. 10 11 12 PEACE CORPS (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions 13 of the Peace Corps Act (75 Stat. 612), including the pur14 chase of not to exceed five passenger motor vehicles for 15 administrative purposes for use outside of the United 16 States, $324,587,000, to remain available until September 17 30, 2008: Provided, That none of the funds appropriated 18 under this heading shall be used to pay for abortions: Pro19 vided further, That the Director may transfer to the For20 eign Currency Fluctuations Account, as authorized by 22 21 U.S.C. 2515, an amount not to exceed $2,000,000: Pro22 vided further, That funds transferred pursuant to the pre23 vious proviso may not be derived from amounts made 24 available for Peace Corps overseas operations. HR 5522 RS 31 1 2 MILLENNIUM CHALLENGE CORPORATION For necessary expenses for the ``Millennium Chal- 3 lenge Corporation'', $2,000,000,000, to remain available 4 until expended: Provided, That of the funds appropriated 5 under this heading, up to $95,000,000 may be available 6 for administrative expenses of the Millennium Challenge 7 Corporation: Provided further, That up to 10 percent of 8 the funds appropriated under this heading may be made 9 available to carry out the purposes of section 616 of the 10 Millennium Challenge Act of 2003 for candidate countries 11 for fiscal year 2007: Provided further, That none of the 12 funds available to carry out section 616 of such Act may 13 be made available until the Chief Executive Officer of the 14 Millennium Challenge Corporation provides a report to the 15 Committees on Appropriations listing the candidate coun16 tries that will be receiving assistance under section 616 17 of such Act, the level of assistance proposed for each such 18 country, a description of the proposed programs, projects 19 and activities, and the implementing agency or agencies 20 of the United States Government: Provided further, That 21 section 605(e)(4) of the Millennium Challenge Act of 2003 22 shall apply to funds appropriated under this heading: Pro23 vided further, That funds appropriated under this heading 24 may be made available for a Millennium Challenge Com25 pact entered into pursuant to section 609 of the Millen- HR 5522 RS 32 1 nium Challenge Act of 2003 only if such Compact obli2 gates, or contains a commitment to obligate subject to the 3 availability of funds and the mutual agreement of the par4 ties to the Compact to proceed, the entire amount of the 5 United States Government funding anticipated for the du6 ration of the Compact. 7 8 9 DEPARTMENT OF STATE GLOBAL HIV/AIDS INITIATIVE For necessary expenses to carry out the provisions 10 of the Foreign Assistance Act of 1961 for the prevention, 11 treatment, and control of, and research on, HIV/AIDS, 12 including administrative expenses of the Office of the 13 Global AIDS Coordinator, $2,772,500,000, to remain 14 available until expended, of which $244,500,000 shall be 15 made available, notwithstanding any other provision of 16 law, except for the United States Leadership Against 17 HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public 18 Law 108­25) for a United States contribution to the Glob19 al Fund to Fight AIDS, Tuberculosis and Malaria, and 20 shall be expended at the minimum rate necessary to make 21 timely payment for projects and activities: Provided, That 22 up to 5 percent of the aggregate amount of funds made 23 available to the Global Fund in fiscal year 2007 may be 24 made available to the Office of the United States Global HR 5522 RS 33 1 AIDS Coordinator for technical assistance related to the 2 activities of the Global Fund. 3 4 5 INTERNATIONAL NARCOTICS CONTROL ENFORCEMENT For necessary expenses to carry out section 481 of AND LAW 6 the Foreign Assistance Act of 1961, $703,600,000 (in7 creased by $10,000,000) (reduced by $10,000,000), to re8 main available until September 30, 2009: Provided, That 9 during fiscal year 2007, the Department of State may also 10 use the authority of section 608 of the Foreign Assistance 11 Act of 1961, without regard to its restrictions, to receive 12 excess property from an agency of the United States Gov13 ernment for the purpose of providing it to a foreign coun14 try under chapter 8 of part I of that Act subject to the 15 regular notification procedures of the Committees on Ap16 propriations: Provided further, That the Secretary of State 17 shall provide to the Committees on Appropriations not 18 later than 45 days after the date of the enactment of this 19 Act and prior to the initial obligation of funds appro20 priated under this heading, a report on the proposed uses 21 of all funds under this heading on a country-by-country 22 basis for each proposed program, project, or activity: Pro23 vided further, That of the funds appropriated under this 24 heading, not less than $16,250,000 shall be made avail25 able for training programs and activities of the Inter- HR 5522 RS 34 1 national Law Enforcement Academies: Provided further, 2 That of the funds appropriated under this heading, 3 $26,100,000 shall be made available to carry out pro4 grams in Colombia: Provided further, That $10,000,000 5 of the funds appropriated under this heading shall be 6 made available for demand reduction programs: Provided 7 further, That of the funds appropriated under this head8 ing, not more than $33,484,000 may be available for ad9 ministrative expenses. 10 11 12 the ANDEAN COUNTERDRUG INITIATIVE For necessary expenses to carry out section 481 of Foreign Assistance Act of 1961 to support 13 counterdrug activities in the Andean region of South 14 America, $506,850,000, to remain available until Sep15 tember 30, 2009: Provided, That in fiscal year 2007, 16 funds available to the Department of State for assistance 17 to the Government of Colombia shall be available to sup18 port a unified campaign against narcotics trafficking, 19 against activities by organizations designated as terrorist 20 organizations such as the Revolutionary Armed Forces of 21 Colombia (FARC), the National Liberation Army (ELN), 22 and the United Self-Defense Forces of Colombia (AUC), 23 and to take actions to protect human health and welfare 24 in emergency circumstances, including undertaking rescue 25 operations: Provided further, That this authority shall HR 5522 RS 35 1 cease to be effective if the Secretary of State has credible 2 evidence that the Colombian Armed Forces are not con3 ducting vigorous operations to restore government author4 ity and respect for human rights in areas under the effec5 tive control of paramilitary and guerrilla organizations: 6 Provided further, That the President shall ensure that if 7 any helicopter procured with funds under this heading is 8 used to aid or abet the operations of any illegal self-de9 fense group or illegal security cooperative, such helicopter 10 shall be immediately returned to the United States: Pro11 vided further, That the Secretary of State, in consultation 12 with the Administrator of the United States Agency for 13 International Development, shall provide to the Commit14 tees on Appropriations not later than 45 days after the 15 date of the enactment of this Act and prior to the initial 16 obligation of funds appropriated under this heading, a re17 port on the proposed uses of all funds under this heading 18 on a country-by-country basis for each proposed program, 19 project, or activity: Provided further, That funds made 20 available in this Act for demobilization/reintegration of 21 members of foreign terrorist organizations in Colombia 22 shall be subject to prior consultation with, and the regular 23 notification procedures of, the Committees on Appropria24 tions: Provided further, That section 482(b) of the Foreign 25 Assistance Act of 1961 shall not apply to funds appro- HR 5522 RS 36 1 priated under this heading: Provided further, That assist2 ance provided with funds appropriated under this heading 3 that is made available notwithstanding section 482(b) of 4 the Foreign Assistance Act of 1961 shall be made avail5 able subject to the regular notification procedures of the 6 Committees on Appropriations: Provided further, That of 7 the funds appropriated under this heading that are avail8 able for alternative development/institution building, not 9 less than $85,400,000 shall be apportioned directly to the 10 United States Agency for International Development: Pro11 vided further, That with respect to funds apportioned to 12 the United States Agency for International Development 13 under the previous proviso, the responsibility for policy de14 cisions for the use of such funds, including what activities 15 will be funded and the amount of funds that will be pro16 vided for each of those activities, shall be the responsibility 17 of the Director of Foreign Assistance in consultation with 18 the Assistant Secretary of State for International Nar19 cotics and Law Enforcement Affairs: Provided further, 20 That no United States Armed Forces personnel or United 21 States civilian contractor employed by the United States 22 will participate in any combat operation in connection with 23 assistance made available by this Act for Colombia: Pro24 vided further, That funds appropriated under this heading 25 that are made available for assistance for the Bolivian HR 5522 RS 37 1 military may be made available for such purposes only if 2 the Secretary of State certifies that the Bolivian military 3 is respecting human rights, and civilian judicial authori4 ties are investigating and prosecuting, with the military's 5 cooperation, military personnel who have been implicated 6 in gross violations of human rights: Provided further, That 7 of the funds appropriated under this heading, not more 8 than $18,060,000 may be available for administrative ex9 penses of the Department of State, and not more than 10 $7,800,000 may be available, in addition to amounts oth11 erwise available for such purposes, for administrative ex12 penses of the United States Agency for International De13 velopment. 14 15 MIGRATION AND REFUGEE ASSISTANCE For expenses, not otherwise provided for, necessary 16 to enable the Secretary of State to provide, as authorized 17 by law, a contribution to the International Committee of 18 the Red Cross, assistance to refugees, including contribu19 tions to the International Organization for Migration and 20 the United Nations High Commissioner for Refugees, and 21 other activities to meet refugee and migration needs; sala22 ries and expenses of personnel and dependents as author23 ized by the Foreign Service Act of 1980; allowances as 24 authorized by sections 5921 through 5925 of title 5, 25 United States Code; purchase and hire of passenger motor HR 5522 RS 38 1 vehicles; and services as authorized by section 3109 of title 2 5, United States Code, $750,206,000, to remain available 3 until expended: Provided, That not more than 4 $23,000,000 may be available for administrative expenses: 5 Provided further, That not less than $40,000,000 of the 6 funds made available under this heading shall be made 7 available for refugees from the former Soviet Union and 8 Eastern Europe and other refugees resettling in Israel: 9 Provided further, That funds appropriated under this 10 heading may be made available for a headquarters con11 tribution to the International Committee of the Red Cross 12 only if the Secretary of State determines (and so reports 13 to the appropriate committees of Congress) that the 14 Magen David Adom Society of Israel is not being denied 15 participation in the activities of the International Red 16 Cross and Red Crescent Movement. 17 UNITED STATES EMERGENCY REFUGEE 18 19 ASSISTANCE FUND For necessary expenses to carry out the provisions AND MIGRATION 20 of section 2(c) of the Migration and Refugee Assistance 21 Act of 1962, as amended (22 U.S.C. 2601(c)), 22 $30,000,000, to remain available until expended. HR 5522 RS 39 1 2 3 NONPROLIFERATION, ANTI-TERRORISM, DEMINING RELATED PROGRAMS For necessary expenses for nonproliferation, anti-terAND 4 rorism, demining and related programs and activities, 5 $425,010,000 (increased by $5,000,000), to carry out the 6 provisions of chapter 8 of part II of the Foreign Assist7 ance Act of 1961 for anti-terrorism assistance, chapter 9 8 of part II of the Foreign Assistance Act of 1961, section 9 504 of the FREEDOM Support Act, section 23 of the 10 Arms Export Control Act or the Foreign Assistance Act 11 of 1961 for demining activities, the clearance of 12 unexploded ordnance, the destruction of small arms, and 13 related activities, notwithstanding any other provision of 14 law, including activities implemented through nongovern15 mental and international organizations, and section 301 16 of the Foreign Assistance Act of 1961 for a voluntary con17 tribution to the International Atomic Energy Agency 18 (IAEA), and for a United States contribution to the Com19 prehensive Nuclear Test Ban Treaty Preparatory Com20 mission: Provided, That of this amount not to exceed 21 $38,000,000, to remain available until expended, may be 22 made available for the Nonproliferation and Disarmament 23 Fund, notwithstanding any other provision of law, to pro24 mote bilateral and multilateral activities relating to non25 proliferation and disarmament: Provided further, That HR 5522 RS 40 1 such funds may also be used for such countries other than 2 the Independent States of the former Soviet Union and 3 international organizations when it is in the national secu4 rity interest of the United States to do so: Provided fur5 ther, That funds appropriated under this heading may be 6 made available for the International Atomic Energy Agen7 cy only if the Secretary of State determines (and so re8 ports to the Congress) that Israel is not being denied its 9 right to participate in the activities of that Agency: Pro10 vided further, That of the funds made available for 11 demining and related activities, not to exceed $700,000, 12 in addition to funds otherwise available for such purposes, 13 may be used for administrative expenses related to the op14 eration and management of the demining program: Pro15 vided further, That funds appropriated under this heading 16 that are available for ``Anti-terrorism Assistance'' and 17 ``Export Control and Border Security'' shall remain avail18 able until September 30, 2008. 19 20 21 DEPARTMENT OF THE TREASURY INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE For necessary expenses to carry out the provisions 22 of section 129 of the Foreign Assistance Act of 1961, 23 $23,700,000, to remain available until September 30, 24 2009, which shall be available notwithstanding any other HR 5522 RS 41 1 provision of law that restricts assistance to foreign coun2 tries. 3 4 DEBT RESTRUCTURING For the cost, as defined in section 502 of the Con- 5 gressional Budget Act of 1974, of modifying loans and 6 loan guarantees, as the President may determine, for 7 which funds have been appropriated or otherwise made 8 available for programs within the International Affairs 9 Budget Function 150, including the cost of selling, reduc10 ing, or canceling amounts owed to the United States as 11 a result of concessional loans made to eligible countries, 12 pursuant to parts IV and V of the Foreign Assistance Act 13 of 1961, of modifying concessional credit agreements with 14 least developed countries, as authorized under section 411 15 of the Agricultural Trade Development and Assistance Act 16 of 1954, as amended, of concessional loans, guarantees 17 and credit agreements, as authorized under section 572 18 of the Foreign Operations, Export Financing, and Related 19 Programs Appropriations Act, 1989 (Public Law 100­ 20 461), and of canceling amounts owed, as a result of loans 21 or guarantees made pursuant to the Export-Import Bank 22 Act of 1945, by countries that are eligible for debt reduc23 tion pursuant to title V of H.R. 3425 as enacted into law 24 by section 1000(a)(5) of Public Law 106­113, 25 $20,000,000, to remain available until September 30, HR 5522 RS 42 1 2009: Provided, That not less than $20,000,000 of the 2 funds appropriated under this heading shall be made avail3 able to carry out the provisions of part V of the Foreign 4 Assistance Act of 1961: Provided further, That amounts 5 paid to the HIPC Trust Fund may be used only to fund 6 debt reduction under the enhanced HIPC initiative by-- 7 8 9 10 11 (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: 12 Provided further, That funds may not be paid to the HIPC 13 Trust Fund for the benefit of any country if the Secretary 14 of State has credible evidence that the government of such 15 country is engaged in a consistent pattern of gross viola16 tions of internationally recognized human rights or in mili17 tary or civil conflict that undermines its ability to develop 18 and implement measures to alleviate poverty and to devote 19 adequate human and financial resources to that end: Pro20 vided further, That on the basis of final appropriations, 21 the Secretary of the Treasury shall consult with the Com22 mittees on Appropriations concerning which countries and 23 international financial institutions are expected to benefit 24 from a United States contribution to the HIPC Trust 25 Fund during the fiscal year: Provided further, That the HR 5522 RS 43 1 Secretary of the Treasury shall inform the Committees on 2 Appropriations not less than 15 days in advance of the 3 signature of an agreement by the United States to make 4 payments to the HIPC Trust Fund of amounts for such 5 countries and institutions: Provided further, That the Sec6 retary of the Treasury may disburse funds designated for 7 debt reduction through the HIPC Trust Fund only for the 8 benefit of countries that-- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (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: 23 Provided further, That any limitation of subsection (e) of 24 section 411 of the Agricultural Trade Development and 25 Assistance Act of 1954 shall not apply to funds appro- HR 5522 RS 44 1 priated under this heading: Provided further, That none 2 of the funds made available under this heading in this or 3 any other appropriations Act shall be made available for 4 Sudan or Burma unless the Secretary of the Treasury de5 termines and notifies the Committees on Appropriations 6 that a democratically elected government has taken office. 7 8 9 10 TITLE III--MILITARY ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT AND INTERNATIONAL MILITARY EDUCATION TRAINING For necessary expenses to carry out the provisions 11 of section 541 of the Foreign Assistance Act of 1961, 12 $88,000,000, of which up to $3,000,000 may remain 13 available until expended: Provided, That the civilian per14 sonnel for whom military education and training may be 15 provided under this heading may include civilians who are 16 not members of a government whose participation would 17 contribute to improved civil-military relations, civilian con18 trol of the military, or respect for human rights. 19 20 21 FOREIGN MILITARY FINANCING PROGRAM (INCLUDING TRANSFER OF FUNDS) For expenses necessary for grants to enable the 22 President to carry out the provisions of section 23 of the 23 Arms Export Control Act, $4,454,900,000: Provided, 24 That of the funds appropriated under this heading, not 25 less than $2,340,000,000 shall be available for grants only HR 5522 RS 45 1 for Israel, and not less than $1,300,000,000 shall be made 2 available for grants only for Egypt: Provided further, That 3 the funds appropriated by this paragraph for Israel shall 4 be disbursed within 30 days of the enactment of this Act: 5 Provided further, That to the extent that the Government 6 of Israel requests that funds be used for such purposes, 7 grants made available for Israel by this paragraph shall, 8 as agreed by Israel and the United States, be available 9 for advanced weapons systems, of which not less than 10 $610,000,000 shall be available for the procurement in 11 Israel of defense articles and defense services, including 12 research and development: Provided further, That of the 13 funds appropriated by this paragraph, $216,000,000 shall 14 be made available for assistance for Jordan: Provided fur15 ther, That funds appropriated or otherwise made available 16 by this paragraph shall be nonrepayable notwithstanding 17 any requirement in section 23 of the Arms Export Control 18 Act: Provided further, That funds made available under 19 this paragraph shall be obligated upon apportionment in 20 accordance with paragraph (5)(C) of title 31, United 21 States Code, section 1501(a). 22 None of the funds made available under this heading 23 shall be available to finance the procurement of defense 24 articles, defense services, or design and construction serv25 ices that are not sold by the United States Government HR 5522 RS 46 1 under the Arms Export Control Act unless the foreign 2 country proposing to make such procurements has first 3 signed an agreement with the United States Government 4 specifying the conditions under which such procurements 5 may be financed with such funds: Provided, That all coun6 try and funding level increases in allocations shall be sub7 mitted through the regular notification procedures of sec8 tion 515 of this Act: Provided further, That none of the 9 funds appropriated under this heading shall be available 10 for assistance for Sudan and Guatemala: Provided further, 11 That none of the funds appropriated under this heading 12 may be made available for assistance for Haiti except pur13 suant to the regular notification procedures of the Com14 mittees on Appropriations: Provided further, That funds 15 made available under this heading may be used, notwith16 standing any other provision of law, for demining, the 17 clearance of unexploded ordnance, and related activities, 18 and may include activities implemented through non19 governmental and international organizations: Provided 20 further, That only those countries for which assistance was 21 justified for the ``Foreign Military Sales Financing Pro22 gram'' in the fiscal year 1989 congressional presentation 23 for security assistance programs may utilize funds made 24 available under this heading for procurement of defense 25 articles, defense services or design and construction serv- HR 5522 RS 47 1 ices that are not sold by the United States Government 2 under the Arms Export Control Act: Provided further, 3 That funds appropriated under this heading shall be ex4 pended at the minimum rate necessary to make timely 5 payment for defense articles and services: Provided fur6 ther, That of the funds appropriated under this heading, 7 $90,000,000 shall be available for Colombia and that with8 in these funds, the Department of Defense should ensure 9 sufficient resources are provided for the acquisition of ad10 ditional aircraft for the Colombian Navy's maritime sur11 veillance mission: Provided further, That not more than 12 $42,500,000 of the funds appropriated under this heading 13 may be obligated for necessary expenses, including the 14 purchase of passenger motor vehicles for replacement only 15 for use outside of the United States, for the general costs 16 of administering military assistance and sales: Provided 17 further, That not more than $359,000,000 of funds real18 ized pursuant to section 21(e)(1)(A) of the Arms Export 19 Control Act may be obligated for expenses incurred by the 20 Department of Defense during fiscal year 2007 pursuant 21 to section 43(b) of the Arms Export Control Act, except 22 that this limitation may be exceeded only through the reg23 ular notification procedures of the Committees on Appro24 priations: Provided further, That foreign military financing 25 program funds estimated to be outlayed for Egypt during HR 5522 RS 48 1 fiscal year 2007 shall be transferred to an interest bearing 2 account for Egypt in the Federal Reserve Bank of New 3 York within 30 days of enactment of this Act. 4 5 PEACEKEEPING OPERATIONS For necessary expenses to carry out the provisions 6 of section 551 of the Foreign Assistance Act of 1961, 7 $170,000,000: Provided, That none of the funds appro8 priated under this heading shall be obligated or expended 9 except as provided through the regular notification proce10 dures of the Committees on Appropriations. 11 12 13 14 15 16 TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL FINANCIAL INSTITUTIONS GLOBAL ENVIRONMENT FACILITY For the United States contribution for the Global En- 17 vironment Facility, $56,250,000 to the International 18 Bank for Reconstruction and Development as trustee for 19 the Global Environment Facility (GEF), by the Secretary 20 of the Treasury, to remain available until expended. 21 CONTRIBUTION 22 23 TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION For payment to the International Development Asso- 24 ciation by the Secretary of the Treasury, $950,000,000, 25 to remain available until expended. HR 5522 RS 49 1 2 3 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT FUND For payment to the Enterprise for the Americas Mul- 4 tilateral Investment Fund by the Secretary of the Treas5 ury, for the United States contribution to the fund, 6 $23,000,000, to remain available until expended. 7 8 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND For the United States contribution by the Secretary 9 of the Treasury to the increase in resources of the Asian 10 Development Fund, as authorized by the Asian Develop11 ment Bank Act, as amended, $115,250,000, to remain 12 available until expended. 13 14 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK For payment to the African Development Bank by 15 the Secretary of the Treasury, $5,018,000, for the United 16 States paid-in share of the increase in capital stock, to 17 remain available until expended. 18 19 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the African Develop- 20 ment Bank may subscribe without fiscal year limitation 21 for the callable capital portion of the United States share 22 of such capital stock in an amount not to exceed 23 $78,622,000. HR 5522 RS 50 1 2 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND For the United States contribution by the Secretary 3 of the Treasury to the increase in resources of the African 4 Development Fund, $135,700,000, to remain available 5 until expended. 6 7 8 CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT For the United States contribution by the Secretary 9 of the Treasury to increase the resources of the Inter10 national Fund for Agricultural Development, 11 $18,000,000, to remain available until expended. 12 13 INTERNATIONAL ORGANIZATIONS AND PROGRAMS For necessary expenses to carry out the provisions 14 of section 301 of the Foreign Assistance Act of 1961, 15 and of section 2 of the United Nations Environment Pro16 gram Participation Act of 1973, $327,570,000: Provided, 17 That none of the funds appropriated under this heading 18 may be made available to the International Atomic En19 ergy Agency (IAEA): Provided further, That section 20 307(a) of the Foreign Assistance Act shall not apply to 21 contributions to the United Nations Democracy Fund. HR 5522 RS 51 1 2 3 4 TITLE V--GENERAL PROVISIONS COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS SEC. 501. (a) No funds appropriated by this Act may 5 be made as payment to any international financial institu6 tion while the United States Executive Director to such 7 institution is compensated by the institution at a rate 8 which, together with whatever compensation such Director 9 receives from the United States, is in excess of the rate 10 provided for an individual occupying a position at level IV 11 of the Executive Schedule under section 5315 of title 5, 12 United States Code, or while any alternate United States 13 Director to such institution is compensated by the institu14 tion at a rate in excess of the rate provided for an indi15 vidual occupying a position at level V of the Executive 16 Schedule under section 5316 of title 5, United States 17 Code. 18 (b) For purposes of this section ``international finan- 19 cial institutions'' are: the International Bank for Recon20 struction and Development, the Inter-American Develop21 ment Bank, the Asian Development Bank, the Asian De22 velopment Fund, the African Development Bank, the Afri23 can Development Fund, the International Monetary Fund, 24 the North American Development Bank, and the Euro25 pean Bank for Reconstruction and Development. HR 5522 RS 52 1 2 3 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES SEC. 502. None of the funds appropriated by this Act 4 may be made available to pay any voluntary contribution 5 of the United States to the United Nations (including the 6 United Nations Development Program) if the United Na7 tions implements or imposes any taxation on any United 8 States persons. 9 10 LIMITATION ON RESIDENCE EXPENSES SEC. 503. Of the funds appropriated or made avail- 11 able pursuant to this Act, not to exceed $100,500 shall 12 be for official residence expenses of the United States 13 Agency for International Development during the current 14 fiscal year: Provided, That appropriate steps shall be 15 taken to assure that, to the maximum extent possible, 16 United States-owned foreign currencies are utilized in lieu 17 of dollars. 18 19 UNOBLIGATED BALANCES REPORT SEC. 504. Any Department or Agency to which funds 20 are appropriated or otherwise made available by this Act 21 shall provide to the Committees on Appropriations a quar22 terly accounting by program, project, and activity of the 23 funds received by such Department or Agency in this fiscal 24 year or any previous fiscal year that remain unobligated 25 and unexpended. HR 5522 RS 53 1 2 LIMITATION ON REPRESENTATIONAL ALLOWANCES SEC. 505. Of the funds appropriated or made avail- 3 able pursuant to this Act, not to exceed $250,000 shall 4 be available for representation and entertainment allow5 ances, of which not to exceed $2,500 shall be available 6 for entertainment allowances, for the United States Agen7 cy for International Development during the current fiscal 8 year: Provided, That no such entertainment funds may be 9 used for the purposes listed in section 548 of this Act: 10 Provided further, That appropriate steps shall be taken to 11 assure that, to the maximum extent possible, United 12 States-owned foreign currencies are utilized in lieu of dol13 lars: Provided further, That of the funds made available 14 by this Act for general costs of administering military as15 sistance and sales under the heading ``Foreign Military 16 Financing Program'', not to exceed $4,000 shall be avail17 able for entertainment expenses and not to exceed 18 $130,000 shall be available for representation allowances: 19 Provided further, That of the funds made available by this 20 Act under the heading ``International Military Education 21 and Training'', not to exceed $55,000 shall be available 22 for entertainment allowances: Provided further, That of 23 the funds made available by this Act for the Inter-Amer24 ican Foundation, not to exceed $2,000 shall be available 25 for entertainment and representation allowances: Provided HR 5522 RS 54 1 further, That of the funds made available by this Act for 2 the Peace Corps, not to exceed a total of $4,000 shall be 3 available for entertainment expenses: Provided further, 4 That of the funds made available by this Act under the 5 heading ``Trade and Development Agency'', not to exceed 6 $4,000 shall be available for representation and entertain7 ment allowances: Provided further, That of the funds made 8 available by this Act under the heading ``Millennium Chal9 lenge Corporation'', not to exceed $115,000 shall be avail10 able for representation and entertainment allowances. 11 12 13 PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE SEC. 506. (a) PROHIBITION ON TAXATION.--None of 14 the funds appropriated by this Act may be made available 15 to provide assistance for a foreign country under a new 16 bilateral agreement governing the terms and conditions 17 under which such assistance is to be provided unless such 18 agreement includes a provision stating that assistance pro19 vided by the United States shall be exempt from taxation, 20 or reimbursed, by the foreign government, and the Sec21 retary of State shall expeditiously seek to negotiate 22 amendments to existing bilateral agreements, as nec23 essary, to conform with this requirement. 24 (b) REIMBURSEMENT OF FOREIGN TAXES.--An 25 amount equivalent to 200 percent of the total taxes as26 sessed during fiscal year 2007 on funds appropriated by HR 5522 RS 55 1 this Act by a foreign government or entity against com2 modities financed under United States assistance pro3 grams for which funds are appropriated by this Act, either 4 directly or through grantees, contractors and subcontrac5 tors shall be withheld from obligation from funds appro6 priated for assistance for fiscal year 2008 and allocated 7 for the central government of such country and for the 8 West Bank and Gaza Program to the extent that the Sec9 retary of State certifies and reports in writing to the Com10 mittees on Appropriations that such taxes have not been 11 reimbursed to the Government of the United States. 12 (c) DE MINIMIS EXCEPTION.--Foreign taxes of a de 13 minimis nature shall not be subject to the provisions of 14 subsection (b). 15 (d) REPROGRAMMING OF FUNDS.--Funds withheld 16 from obligation for each country or entity pursuant to sub17 section (b) shall be reprogrammed for assistance to coun18 tries which do not assess taxes on United States assistance 19 or which have an effective arrangement that is providing 20 substantial reimbursement of such taxes. 21 22 23 24 (e) DETERMINATIONS.-- (1) The provisions of this section shall not apply to any country or entity the Secretary of State determines-- HR 5522 RS 56 1 2 3 4 5 6 7 8 9 10 11 12 13 (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 14 issue rules, regulations, or policy guidance, as appropriate, 15 to implement the prohibition against the taxation of assist16 ance contained in this section. 17 18 19 20 21 22 23 24 25 (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 HR 5522 RS 57 1 2 3 4 5 6 7 8 9 10 11 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 other- 12 wise made available pursuant to this Act shall be obligated 13 or expended to finance directly any assistance or repara14 tions to Cuba, Libya, North Korea, Iran, or Syria: Pro15 vided, That for purposes of this section, the prohibition 16 on obligations or expenditures shall include direct loans, 17 credits, insurance and guarantees of the Export-Import 18 Bank or its agents: Provided further, That for purposes 19 of this section, the prohibition shall not include activities 20 of the Overseas Private Investment Corporation in Libya: 21 Provided further, That the prohibition shall not include di22 rect loans, credits, insurance and guarantees made avail23 able by the Export-Import Bank or its agents for or in 24 Libya. HR 5522 RS 58 1 2 MILITARY COUPS SEC. 508. None of the funds appropriated or other- 3 wise made available pursuant to this Act shall be obligated 4 or expended to finance directly any assistance to the gov5 ernment of any country whose duly elected head of govern6 ment is deposed by military coup or decree: Provided, That 7 assistance may be resumed to such government if the 8 President determines and certifies to the Committees on 9 Appropriations that subsequent to the termination of as10 sistance a democratically elected government has taken of11 fice: Provided further, That the provisions of this section 12 shall not apply to assistance to promote democratic elec13 tions or public participation in democratic processes: Pro14 vided further, That funds made available pursuant to the 15 previous provisos shall be subject to the regular notifica16 tion procedures of the Committees on Appropriations. 17 18 19 TRANSFERS SEC. 509. (a)(1) LIMITATION TWEEN ON TRANSFERS BE- AGENCIES.--None of the funds made available by 20 this Act may be transferred to any department, agency, 21 or instrumentality of the United States Government, ex22 cept pursuant to a transfer made by, or transfer authority 23 provided in, this Act or any other appropriation Act. 24 (2) Notwithstanding paragraph (1), in addition to 25 transfers made by, or authorized elsewhere in, this Act, 26 funds appropriated by this Act to carry out the purposes HR 5522 RS 59 1 of the Foreign Assistance Act of 1961 may be allocated 2 or transferred to agencies of the United States Govern3 ment pursuant to the provisions of sections 109, 610, and 4 632 of the Foreign Assistance Act of 1961. 5 (b) TRANSFERS BETWEEN ACCOUNTS.--None of the 6 funds made available by this Act may be obligated under 7 an appropriation account to which they were not appro8 priated, except for transfers specifically provided for in 9 this Act, unless the President, not less than 5 days prior 10 to the exercise of any authority contained in the Foreign 11 Assistance Act of 1961 to transfer funds, consults with 12 and provides a written policy justification to the Commit13 tees on Appropriations of the House of Representatives 14 and the Senate. 15 (c) AUDIT OF INTER-AGENCY TRANSFERS.--Any 16 agreement for the transfer or allocation of funds appro17 priated by this Act, or prior Acts, entered into between 18 the United States Agency for International Development 19 and another agency of the United States Government 20 under the authority of section 632(a) of the Foreign As21 sistance Act of 1961 or any comparable provision of law, 22 shall expressly provide that the Office of the Inspector 23 General for the agency receiving the transfer or allocation 24 of such funds shall perform periodic program and financial 25 audits of the use of such funds: Provided, That funds HR 5522 RS 60 1 transferred under such authority may be made available 2 for the cost of such audits. 3 4 COMMERCIAL LEASING OF DEFENSE ARTICLES SEC. 510. Notwithstanding any other provision of 5 law, and subject to the regular notification procedures of 6 the Committees on Appropriations, the authority of sec7 tion 23(a) of the Arms Export Control Act may be used 8 to provide financing to Israel, Egypt and NATO and 9 major non-NATO allies for the procurement by leasing 10 (including leasing with an option to purchase) of defense 11 articles from United States commercial suppliers, not in12 cluding Major Defense Equipment (other than helicopters 13 and other types of aircraft having possible civilian applica14 tion), if the President determines that there are compel15 ling foreign policy or national security reasons for those 16 defense articles being provided by commercial lease rather 17 than by government-to-government sale under such Act. 18 19 AVAILABILITY OF FUNDS SEC. 511. No part of any appropriation contained in 20 this Act shall remain available for obligation after the ex21 piration of the current fiscal year unless expressly so pro22 vided in this Act: Provided, That funds appropriated for 23 the purposes of chapters 1, 8, 11, and 12 of part I, section 24 667, chapters 4, 6, 8, and 9 of part II of the Foreign 25 Assistance Act of 1961, section 23 of the Arms Export 26 Control Act, and funds provided under the heading ``AsHR 5522 RS 61 1 sistance for Eastern Europe and the Baltic States'', shall 2 remain available for an additional 4 years from the date 3 on which the availability of such funds would otherwise 4 have expired, if such funds are initially obligated before 5 the expiration of their respective periods of availability 6 contained in this Act: Provided further, That, notwith7 standing any other provision of this Act, any funds made 8 available for the purposes of chapter 1 of part I and chap9 ter 4 of part II of the Foreign Assistance Act of 1961 10 which are allocated or obligated for cash disbursements 11 in order to address balance of payments or economic policy 12 reform objectives, shall remain available until expended. 13 14 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT SEC. 512. No part of any appropriation contained in 15 this Act shall be used to furnish assistance to the govern16 ment of any country which is in default during a period 17 in excess of 1 calendar year in payment to the United 18 States of principal or interest on any loan made to the 19 government of such country by the United States pursuant 20 to a program for which funds are appropriated under this 21 Act unless the President determines, following consulta22 tions with the Committees on Appropriations, that assist23 ance to such country is in the national interest of the 24 United States. HR 5522 RS 62 1 2 COMMERCE AND TRADE SEC. 513. (a) None of the funds appropriated or 3 made available pursuant to this Act for direct assistance 4 and none of the funds otherwise made available pursuant 5 to this Act to the Export-Import Bank and the Overseas 6 Private Investment Corporation shall be obligated or ex7 pended to finance any loan, any assistance or any other 8 financial commitments for establishing or expanding pro9 duction of any commodity for export by any country other 10 than the United States, if the commodity is likely to be 11 in surplus on world markets at the time the resulting pro12 ductive capacity is expected to become operative and if the 13 assistance will cause substantial injury to United States 14 producers of the same, similar, or competing commodity: 15 Provided, That such prohibition shall not apply to the Ex16 port-Import Bank if in the judgment of its Board of Direc17 tors the benefits to industry and employment in the 18 United States are likely to outweigh the injury to United 19 States producers of the same, similar, or competing com20 modity, and the Chairman of the Board so notifies the 21 Committees on Appropriations. 22 (b) None of the funds appropriated by this or any 23 other Act to carry out chapter 1 of part I of the Foreign 24 Assistance Act of 1961 shall be available for any testing 25 or breeding feasibility study, variety improvement or intro- HR 5522 RS 63 1 duction, consultancy, publication, conference, or training 2 in connection with the growth or production in a foreign 3 country of an agricultural commodity for export which 4 would compete with a similar commodity grown or pro5 duced in the United States: Provided, That this subsection 6 shall not prohibit-- 7 8 9 10 11 12 13 14 (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 in- 15 struct the United States Executive Directors of the Inter16 national Bank for Reconstruction and Development, the 17 International Development Association, the International 18 Finance Corporation, the Inter-American Development 19 Bank, the International Monetary Fund, the Asian Devel20 opment Bank, the Inter-American Investment Corpora21 tion, the North American Development Bank, the Euro22 pean Bank for Reconstruction and Development, the Afri23 can Development Bank, and the African Development 24 Fund to use the voice and vote of the United States to 25 oppose any assistance by these institutions, using funds 26 appropriated or made available pursuant to this Act, for HR 5522 RS 64 1 the production or extraction of any commodity or mineral 2 for export, if it is in surplus on world markets and if the 3 assistance will cause substantial injury to United States 4 producers of the same, similar, or competing commodity. 5 6 7 REPROGRAMMING NOTIFICATIONS GUIDELINES SEC. 515. (a) None of the funds made available in AND TRANSFER 8 this Act or in prior Acts making appropriations for foreign 9 operations, export financing, and related programs, from 10 any accounts in the Treasury of the United States derived 11 by the collection of currency reflows or other offsetting 12 collections, or made available by transfer, may be used to 13 finance an activity, program, or project specifically denied 14 funding by Congress in this Act. 15 (b) None of the funds made available in this Act or 16 in prior Acts making appropriations for foreign oper17 ations, export financing, and related programs, from any 18 accounts in the Treasury of the United States derived by 19 the collection of currency reflows or other offsetting collec20 tions, or made available by transfer, may be used to ini21 tiate a new or terminate an existing activity, program, or 22 project not previously justified without prior notification 23 of the Committees on Appropriations. 24 (c) For the purposes of providing the executive 25 branch with the necessary administrative flexibility, none HR 5522 RS 65 1 of the funds made available under this Act for ``Child Sur2 vival and Health Programs Fund'', ``Development Assist3 ance'', ``International Organizations and Programs'', 4 ``Trade and Development Agency'', ``International Nar5 cotics Control and Law Enforcement'', ``Andean 6 Counterdrug Initiative'', ``Assistance for Eastern Europe 7 and the Baltic States'', ``Assistance for the Independent 8 States of the Former Soviet Union'', ``Economic Support 9 Fund'', ``Global HIV/AIDS Initiative'', ``Peacekeeping 10 Operations'', ``Capital Investment Fund'', ``Operating Ex11 penses of the United States Agency for International De12 velopment'', ``Operating Expenses of the United States 13 Agency for International Development Office of Inspector 14 General'', ``Nonproliferation, Anti-terrorism, Demining 15 and Related Programs'', ``Millennium Challenge Corpora16 tion'' (by country only), ``Foreign Military Financing Pro17 gram'', ``International Military Education and Training'', 18 ``Peace Corps'', and ``Migration and Refugee Assistance'', 19 shall be available for obligation for activities, programs, 20 projects, type of materiel assistance, countries, or other 21 operations not justified or in excess of the amount justi22 fied to the Committees on Appropriations for obligation 23 under any of these specific headings unless the Commit24 tees on Appropriations of both Houses of Congress are 25 notified 15 days in advance: Provided, That the President HR 5522 RS 66 1 shall not enter into any commitment of funds appropriated 2 for the purposes of section 23 of the Arms Export Control 3 Act for the provision of major defense equipment, other 4 than conventional ammunition, or other major defense 5 items defined to be aircraft, ships, missiles, or combat ve6 hicles, not previously justified to Congress or 20 percent 7 in excess of the quantities justified to Congress unless the 8 Committees on Appropriations are notified 15 days in ad9 vance of such commitment: Provided further, That this 10 paragraph shall not apply to any reprogramming for an 11 activity, program, or project for which funds are appro12 priated under title II or title III of this Act of less than 13 10 percent of the amount previously justified to the Con14 gress for obligation for such activity, program, or project 15 for the current fiscal year. 16 (d) The requirements of this section or any similar 17 provision of this Act or any other Act, including any prior 18 Act requiring notification in accordance with the regular 19 notification procedures of the Committees on Appropria20 tions, may be waived if failure to do so would pose a sub21 stantial risk to human health or welfare: Provided, That 22 in case of any such waiver, notification to the Congress, 23 or the appropriate congressional committees, shall be pro24 vided as early as practicable, but in no event later than 25 3 days after taking the action to which such notification HR 5522 RS 67 1 requirement was applicable, in the context of the cir2 cumstances necessitating such waiver: Provided further, 3 That any notification provided pursuant to such a waiver 4 shall contain an explanation of the emergency cir5 cumstances. 6 7 8 LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND PROGRAMS SEC. 516. Subject to the regular notification proce- 9 dures of the Committees on Appropriations, funds appro10 priated under this Act or any previously enacted Act mak11 ing appropriations for foreign operations, export financ12 ing, and related programs, which are returned or not made 13 available for organizations and programs because of the 14 implementation of section 307(a) of the Foreign Assist15 ance Act of 1961, shall remain available for obligation 16 until September 30, 2008. 17 18 INDEPENDENT STATES OF THE FORMER SOVIET UNION SEC. 517. (a) None of the funds appropriated under 19 the heading ``Assistance for the Independent States of the 20 Former Soviet Union'' shall be made available for assist21 ance for a government of an Independent State of the 22 former Soviet Union if that government directs any action 23 in violation of the territorial integrity or national sov24 ereignty of any other Independent State of the former So25 viet Union, such as those violations included in the Hel26 sinki Final Act: Provided, That such funds may be made HR 5522 RS 68 1 available without regard to the restriction in this sub2 section if the President determines that to do so is in the 3 national security interest of the United States. 4 (b) None of the funds appropriated under the heading 5 ``Assistance for the Independent States of the Former So6 viet Union'' shall be made available for any state to en7 hance its military capability: Provided, That this restric8 tion does not apply to demilitarization, demining or non9 proliferation programs. 10 (c) Funds appropriated under the heading ``Assist- 11 ance for the Independent States of the Former Soviet 12 Union'' for the Russian Federation, Armenia, and 13 Uzbekistan shall be subject to the regular notification pro14 cedures of the Committees on Appropriations. 15 (d) Funds made available in this Act for assistance 16 for the Independent States of the former Soviet Union 17 shall be subject to the provisions of section 117 (relating 18 to environment and natural resources) of the Foreign As19 sistance Act of 1961. 20 (e) In issuing new task orders, entering into con- 21 tracts, or making grants, with funds appropriated in this 22 Act or prior appropriations Acts under the heading ``As23 sistance for the Independent States of the Former Soviet 24 Union'' and under comparable headings in prior appro25 priations Acts, for projects or activities that have as one HR 5522 RS 69 1 of their primary purposes the fostering of private sector 2 development, the Coordinator for United States Assistance 3 to Europe and Eurasia and the implementing agency shall 4 encourage the participation of and give significant weight 5 to contractors and grantees who propose investing a sig6 nificant amount of their own resources (including volun7 teer services and in-kind contributions) in such projects 8 and activities. 9 10 11 PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION SEC. 518. None of the funds made available to carry 12 out part I of the Foreign Assistance Act of 1961, as 13 amended, may be used to pay for the performance of abor14 tions as a method of family planning or to motivate or 15 coerce any person to practice abortions. None of the funds 16 made available to carry out part I of the Foreign Assist17 ance Act of 1961, as amended, may be used to pay for 18 the performance of involuntary sterilization as a method 19 of family planning or to coerce or provide any financial 20 incentive to any person to undergo sterilizations. None of 21 the funds made available to carry out part I of the Foreign 22 Assistance Act of 1961, as amended, may be used to pay 23 for any biomedical research which relates in whole or in 24 part, to methods of, or the performance of, abortions or 25 involuntary sterilization as a means of family planning. 26 None of the funds made available to carry out part I of HR 5522 RS 70 1 the Foreign Assistance Act of 1961, as amended, may be 2 obligated or expended for any country or organization if 3 the President certifies that the use of these funds by any 4 such country or organization would violate any of the 5 above provisions related to abortions and involuntary steri6 lizations. 7 8 EXPORT FINANCING TRANSFER AUTHORITIES SEC. 519. Not to exceed 5 percent of any appropria- 9 tion other than for administrative expenses made available 10 for fiscal year 2007, for programs under title I of this 11 Act may be transferred between such appropriations for 12 use for any of the purposes, programs, and activities for 13 which the funds in such receiving account may be used, 14 but no such appropriation, except as otherwise specifically 15 provided, shall be increased by more than 25 percent by 16 any such transfer: Provided, That the exercise of such au17 thority shall be subject to the regular notification proce18 dures of the Committees on Appropriations. 19 20 SPECIAL NOTIFICATION REQUIREMENTS SEC. 520. None of the funds appropriated by this Act 21 shall be obligated or expended for assistance for Liberia, 22 Serbia, Sudan, Zimbabwe, Pakistan, or Cambodia except 23 as provided through the regular notification procedures of 24 the Committees on Appropriations. HR 5522 RS 71 1 2 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY SEC. 521. For the purpose of this Act ``program, 3 project, and activity'' shall be defined at the appropria4 tions Act account level and shall include all appropriations 5 and authorizations Acts earmarks, ceilings, and limita6 tions with the exception that for the following accounts: 7 Economic Support Fund and Foreign Military Financing 8 Program, ``program, project, and activity'' shall also be 9 considered to include country, regional, and central pro10 gram level funding within each such account; for the devel11 opment assistance accounts of the United States Agency 12 for International Development ``program, project, and ac13 tivity'' shall also be considered to include central, country, 14 regional, and program level funding, either as: (1) justified 15 to the Congress; or (2) allocated by the executive branch 16 in accordance with a report, to be provided to the Commit17 tees on Appropriations within 30 days of the enactment 18 of this Act, as required by section 653(a) of the Foreign 19 Assistance Act of 1961. 20 21 CHILD SURVIVAL AND HEALTH ACTIVITIES SEC. 522. Up to $13,500,000 of the funds made 22 available by this Act for assistance under the heading 23 ``Child Survival and Health Programs Fund'', may be 24 used to reimburse United States Government agencies, 25 agencies of State governments, institutions of higher 26 learning, and private and voluntary organizations for the HR 5522 RS 72 1 full cost of individuals (including for the personal services 2 of such individuals) detailed or assigned to, or contracted 3 by, as the case may be, the United States Agency for 4 International Development for the purpose of carrying out 5 activities under that heading: Provided, That up to 6 $3,500,000 of the funds made available by this Act for 7 assistance under the heading ``Development Assistance'' 8 may be used to reimburse such agencies, institutions, and 9 organizations for such costs of such individuals carrying 10 out other development assistance activities: Provided fur11 ther, That funds appropriated by titles II and III of this 12 Act that are made available for assistance for child sur13 vival activities or disease programs including activities re14 lating to research on, and the prevention, treatment and 15 control of, HIV/AIDS may be made available notwith16 standing any other provision of law except for the provi17 sions under the heading ``Child Survival and Health Pro18 grams Fund'' and the United States Leadership Against 19 HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 20 Stat. 711; 22 U.S.C. 7601 et seq.), as amended. 21 22 AFGHANISTAN SEC. 523. Of the funds appropriated by titles II and 23 III of this Act, not less than $931,400,000 should be made 24 available for humanitarian, reconstruction, and related as25 sistance for Afghanistan: Provided, That of the funds 26 made available pursuant to this section, $3,000,000 HR 5522 RS 73 1 should be made available for reforestation activities: Pro2 vided further, That funds made available pursuant to the 3 previous proviso should be matched, to the maximum ex4 tent possible, with contributions from American and Af5 ghan businesses: Provided further, That of the funds allo6 cated for assistance for Afghanistan from this Act and 7 other Acts making appropriations for foreign operations, 8 export financing, and related programs for fiscal year 9 2007, not less than $50,000,000 should be made available 10 to support programs that directly address the needs of Af11 ghan women and girls. 12 13 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT SEC. 524. Prior to providing excess Department of 14 Defense articles in accordance with section 516(a) of the 15 Foreign Assistance Act of 1961, the Department of De16 fense shall notify the Committees on Appropriations to the 17 same extent and under the same conditions as are other 18 committees pursuant to subsection (f) of that section: Pro19 vided, That before issuing a letter of offer to sell excess 20 defense articles under the Arms Export Control Act, the 21 Department of Defense shall notify the Committees on 22 Appropriations in accordance with the regular notification 23 procedures of such Committees if such defense articles are 24 significant military equipment (as defined in section 47(9) 25 of the Arms Export Control Act) or are valued (in terms 26 of original acquisition cost) at $7,000,000 or more, or if HR 5522 RS 74 1 notification is required elsewhere in this Act for the use 2 of appropriated funds for specific countries that would re3 ceive such excess defense articles: Provided further, That 4 such Committees shall also be informed of the original ac5 quisition cost of such defense articles. 6 7 8 GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS, MALARIA SEC. 525. (a) Notwithstanding any other provision AND 9 of this Act, 25 percent of the funds that are appropriated 10 by this Act for a contribution to support the Global Fund 11 to Fight AIDS, Tuberculosis and Malaria (the ``Global 12 Fund'') shall be withheld from obligation to the Global 13 Fund until the Secretary of State certifies to the Commit14 tees on Appropriations that the Global Fund-- 15 16 17 18 19 20 21 22 23 24 (1) has 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) 25 if the Secretary determines and reports to the Committees HR 5522 RS 75 1 on Appropriations that such waiver is important to the 2 national interest of the United States. 3 4 5 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES SEC. 526. (a) Funds appropriated for bilateral assist- 6 ance under any heading of this Act and funds appro7 priated under any such heading in a provision of law en8 acted prior to the enactment of this Act, shall not be made 9 available to any country which the President determines-- 10 11 12 13 14 (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 sub- 15 section (a) to a country if the President determines that 16 national security or humanitarian reasons justify such 17 waiver. The President shall publish each waiver in the 18 Federal Register and, at least 15 days before the waiver 19 takes effect, shall notify the Committees on Appropria20 tions of the waiver (including the justification for the waiv21 er) in accordance with the regular notification procedures 22 of the Committees on Appropriations. 23 24 DEBT-FOR-DEVELOPMENT SEC. 527. In order to enhance the continued partici- 25 pation of nongovernmental organizations in debt-for-devel26 opment and debt-for-nature exchanges, a nongovernHR 5522 RS 76 1 mental organization which is a grantee or contractor of 2 the United States Agency for International Development 3 may place in interest bearing accounts local currencies 4 which accrue to that organization as a result of economic 5 assistance provided under title II of this Act and, subject 6 to the regular notification procedures of the Committees 7 on Appropriations, any interest earned on such investment 8 shall be used for the purpose for which the assistance was 9 provided to that organization. 10 11 SEPARATE ACCOUNTS SEC. 528. (a) SEPARATE ACCOUNTS FOR LOCAL 12 CURRENCIES.-- 13 14 15 16 17 18 19 20 21 22 23 24 25 26 HR 5522 RS (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 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (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 HR 5522 RS 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PRO- GRAMS.--Upon termination of assistance to a coun- try 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 Adminis- trator 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. HR 5522 RS 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (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 LAW.--Such OF OTHER PROVISIONS OF 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. 98­1159). (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 HR 5522 RS 80 1 2 3 4 5 6 7 8 9 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. 529. (a) Prior to the distribution of any assets 10 resulting from any liquidation, dissolution, or winding up 11 of an Enterprise Fund, in whole or in part, the President 12 shall submit to the Committees on Appropriations, in ac13 cordance with the regular notification procedures of the 14 Committees on Appropriations, a plan for the distribution 15 of the assets of the Enterprise Fund. 16 (b) Funds made available by this Act for Enterprise 17 Funds shall be expended at the minimum rate necessary 18 to make timely payment for projects and activities. 19 20 21 FINANCIAL MARKET ASSISTANCE IN TRANSITION COUNTRIES SEC. 530. Of the funds appropriated in Title II of 22 this Act, not less than $40,000,000 should be made avail23 able for building capital markets and financial systems in 24 countries in transition, of which not less than $20,000,000 25 should be designated for not-for-profit organizations that 26 mobilize volunteers with experience in the financial sector. HR 5522 RS 81 1 2 3 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION SEC. 531. Unless expressly provided to the contrary, 4 provisions of this or any other Act, including provisions 5 contained in prior Acts authorizing or making appropria6 tions for foreign operations, export financing, and related 7 programs, shall not be construed to prohibit activities au8 thorized by or conducted under the Peace Corps Act, the 9 Inter-American Foundation Act or the African Develop10 ment Foundation Act. The agency shall promptly report 11 to the Committees on Appropriations whenever it is con12 ducting activities or is proposing to conduct activities in 13 a country for which assistance is prohibited. 14 15 IMPACT ON JOBS IN THE UNITED STATES SEC. 532. None of the funds appropriated by this Act 16 may be obligated or expended to provide-- 17 18 19 20 21 22 23 24 25 26 (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 internationHR 5522 RS 82 1 2 3 4 5 6 7 8 9 10 11 12 13 ally 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. 533. (a) AFGHANISTAN, IRAQ, PAKISTAN, LEBANON, MONTENEGRO, VICTIMS AND OF WAR, DISPLACED 14 CHILDREN, DISPLACED BURMESE.--Funds appro- 15 priated by this Act that are made available for assistance 16 for Afghanistan may be made available notwithstanding 17 section 512 of this Act or any similar provision of law and 18 section 660 of the Foreign Assistance Act of 1961, and 19 funds appropriated in titles I and II of this Act that are 20 made available for Iraq, Lebanon, Montenegro, Pakistan, 21 and for victims of war, displaced children, and displaced 22 Burmese, and to assist victims of trafficking in persons 23 and, subject to the regular notification procedures of the 24 Committees on Appropriations, to combat such traf25 ficking, may be made available notwithstanding any other 26 provision of law. HR 5522 RS 83 1 2 (b) TROPICAL FORESTRY SERVATION AND BIODIVERSITY CON- ACTIVITIES.--Funds appropriated by this Act 3 to carry out the provisions of sections 103 through 106, 4 and chapter 4 of part II, of the Foreign Assistance Act 5 of 1961 may be used, notwithstanding any other provision 6 of law, for the purpose of supporting tropical forestry and 7 biodiversity conservation activities and energy programs 8 aimed at reducing greenhouse gas emissions: Provided, 9 That such assistance shall be subject to sections 116, 10 502B, and 620A of the Foreign Assistance Act of 1961. 11 (c) PERSONAL SERVICES CONTRACTORS.--Funds ap- 12 propriated by this Act to carry out chapter 1 of part I, 13 chapter 4 of part II, and section 667 of the Foreign As14 sistance Act of 1961, and title II of the Agricultural Trade 15 Development and Assistance Act of 1954, may be used 16 by the United States Agency for International Develop17 ment to employ up to 25 personal services contractors in 18 the United States, notwithstanding any other provision of 19 law, for the purpose of providing direct, interim support 20 for new or expanded overseas programs and activities 21 managed by the agency until permanent direct hire per22 sonnel are hired and trained: Provided, That not more 23 than 10 of such contractors shall be assigned to any bu24 reau or office: Provided further, That such funds appro25 priated to carry out title II of the Agricultural Trade De- HR 5522 RS 84 1 velopment and Assistance Act of 1954, may be made avail2 able only for personal services contractors assigned to the 3 Office of Food for Peace. 4 (d)(1) WAIVER.--The President may waive the provi- 5 sions of section 1003 of Public Law 100­204 if the Presi6 dent determines and certifies in writing to the Speaker 7 of the House of Representatives and the President pro 8 tempore of the Senate that it is important to the national 9 security interests of the United States. 10 (2) PERIOD OF APPLICATION OF WAIVER.--Any 11 waiver pursuant to paragraph (1) shall be effective for no 12 more than a period of 6 months at a time and shall not 13 apply beyond 12 months after the enactment of this Act. 14 (e) SMALL BUSINESS.--In entering into multiple 15 award indefinite-quantity contracts with funds appro16 priated by this Act, the United States Agency for Inter17 national Development may provide an exception to the fair 18 opportunity process for placing task orders under such 19 contracts when the order is placed with any category of 20 small or small disadvantaged business. 21 22 (f) RECONSTITUTING CIVILIAN POLICE AUTHORITY.--In providing assistance with funds appropriated by 23 this Act under section 660(b)(6) of the Foreign Assistance 24 Act of 1961, support for a nation emerging from insta25 bility may be deemed to mean support for regional, dis- HR 5522 RS 85 1 trict, municipal, or other sub-national entity emerging 2 from instability, as well as a nation emerging from insta3 bility. 4 (g) WORLD FOOD PROGRAM.--Of the funds managed 5 by the Bureau for Democracy, Conflict, and Humanitarian 6 Assistance of the United States Agency for International 7 Development, from this or any other Act, not less than 8 $10,000,000 shall be made available as a general contribu9 tion to the World Food Program, notwithstanding any 10 other provision of law. 11 (h) UNIFIED CAMPAIGN.--Funds transferred pursu- 12 ant to the authority contained in the fifth proviso under 13 the heading ``Foreign Military Financing Program'' in di14 vision E of Public Law 108­7 may be made available for 15 helicopters, training, and other assistance for the Colom16 bian Armed Forces for such things as pipeline security 17 and interdiction, notwithstanding the limitation to security 18 for the Cano Limon pipeline in such proviso. 19 20 21 22 23 24 25 (i) 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 107­57, as amended, for a determination and HR 5522 RS 86 1 2 3 4 5 6 7 8 9 10 11 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 107­57, as amended, the provisions of sections 2 and 4 of that Act shall remain in effect through the current fiscal year. (j) MIDDLE EAST FOUNDATION.--Of the funds ap- 12 propriated by this Act under the heading ``Economic Sup13 port Fund'' that are available for the Middle East Part14 nership Initiative, up to $35,000,000 may be made avail15 able, including as an endowment, notwithstanding any 16 other provision of law and following consultations with the 17 Committees on Appropriations, to establish and operate 18 a Middle East Foundation, or any other similar entity, 19 whose purposes include to support democracy, governance, 20 human rights, and the rule of law: Provided, That such 21 funds may be made available to the Foundation only to 22 the extent that the Foundation has commitments from 23 sources other than the United States Government to at 24 least match the funds provided under the authority of this 25 subsection: Provided further, That provisions contained in HR 5522 RS 87 1 section 201 of the Support for East European Democracy 2 (SEED) Act of 1989 (excluding the authorizations of ap3 propriations provided in subsection (b) of that section) 4 shall be deemed to apply to any such foundation or similar 5 entity referred to under this subsection, and to funds 6 made available to such entity, in order to enable it to pro7 vide assistance for purposes of this section: Provided fur8 ther, That prior to the initial obligation of funds for any 9 such foundation or similar entity pursuant to the authori10 ties of this subsection, other than for administrative sup11 port, the Secretary of State shall take steps to ensure, on 12 an ongoing basis, that any such funds made available pur13 suant to such authorities are not provided to or through 14 any individual or group that the management of the foun15 dation or similar entity knows or has reason to believe, 16 advocates, plans, sponsors, or otherwise engages in ter17 rorist activities: Provided further, That section 530 of this 18 Act shall apply to any such foundation or similar entity 19 established pursuant to this subsection: Provided further, 20 That the authority of the Foundation, or any similar enti21 ty, to provide assistance shall cease to be effective on Sep22 tember 30, 2010. 23 24 25 26 ARAB LEAGUE BOYCOTT OF ISRAEL SEC. 534. It is the sense of the Congress that-- (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have comHR 5522 RS 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mercial 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. HR 5522 RS 89 1 2 3 ELIGIBILITY FOR ASSISTANCE SEC. 535. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS.--Restrictions contained in this 4 or any other Act with respect to assistance for a country 5 shall not be construed to restrict assistance in support of 6 programs of nongovernmental organizations from funds 7 appropriated by this Act to carry out the provisions of 8 chapters 1, 10, 11, and 12 of part I and chapter 4 of 9 part II of the Foreign Assistance Act of 1961, and from 10 funds appropriated under the heading ``Assistance for 11 Eastern Europe and the Baltic States'': Provided, That 12 before using the authority of this subsection to furnish as13 sistance in support of programs of nongovernmental orga14 nizations, the President shall notify the Committees on 15 Appropriations under the regular notification procedures 16 of those committees, including a description of the pro17 gram to be assisted, the assistance to be provided, and 18 the reasons for furnishing such assistance: Provided fur19 ther, That nothing in this subsection shall be construed 20 to alter any existing statutory prohibitions against abor21 tion or involuntary sterilizations contained in this or any 22 other Act. 23 (b) PUBLIC LAW 480.--During fiscal year 2007, re- 24 strictions contained in this or any other Act with respect 25 to assistance for a country shall not be construed to re- HR 5522 RS 90 1 strict assistance under the Agricultural Trade Develop2 ment and Assistance Act of 1954: Provided, That none 3 of the funds appropriated to carry out title I of such Act 4 and made available pursuant to this subsection may be 5 obligated or expended except as provided through the reg6 ular notification procedures of the Committees on Appro7 priations. 8 9 10 11 12 13 14 15 16 17 18 19 (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. 536. (a) Funds appropriated by this Act which 20 are specifically designated may be reprogrammed for other 21 programs within the same account notwithstanding the 22 designation if compliance with the designation is made im23 possible by operation of any provision of this or any other 24 Act: Provided, That any such reprogramming shall be sub25 ject to the regular notification procedures of the Commit26 tees on Appropriations: Provided further, That assistance HR 5522 RS 91 1 that is reprogrammed pursuant to this subsection shall be 2 made available under the same terms and conditions as 3 originally provided. 4 (b) In addition to the authority contained in sub- 5 section (a), the original period of availability of funds ap6 propriated by this Act and administered by the United 7 States Agency for International Development that are spe8 cifically designated for particular programs or activities by 9 this or any other Act shall be extended for an additional 10 fiscal year if the Administrator of such agency determines 11 and reports promptly to the Committees on Appropria12 tions that the termination of assistance to a country or 13 a significant change in circumstances makes it unlikely 14 that such designated funds can be obligated during the 15 original period of availability: Provided, That such des16 ignated funds that are continued available for an addi17 tional fiscal year shall be obligated only for the purpose 18 of such designation. 19 20 CEILINGS AND DESIGNATED FUNDING LEVELS SEC. 537. Ceilings and specifically designated fund- 21 ing levels contained in this Act shall not be applicable to 22 funds or authorities appropriated or otherwise made avail23 able by any subsequent Act unless such Act specifically 24 so directs. HR 5522 RS 92 1 2 PROHIBITION ON PUBLICITY OR PROPAGANDA SEC. 538. No part of any appropriation contained in 3 this Act shall be used for publicity or propaganda purposes 4 within the United States not authorized before the date 5 of the enactment of this Act by the Congress: Provided, 6 That not to exceed $25,000 may be made available to 7 carry out the provisions of section 316 of Public Law 96­ 8 533. 9 10 11 PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS SEC. 539. None of the funds appropriated or made 12 available pursuant to this Act for carrying out the Foreign 13 Assistance Act of 1961, may be used to pay in whole or 14 in part any assessments, arrearages, or dues of any mem15 ber of the United Nations or, from funds appropriated by 16 this Act to carry out chapter 1 of part I of the Foreign 17 Assistance Act of 1961, the costs for participation of an18 other country's delegation at international conferences 19 held under the auspices of multilateral or international or20 ganizations. 21 22 NONGOVERNMENTAL ORGANIZATIONS--DOCUMENTATION SEC. 540. None of the funds appropriated or made 23 available pursuant to this Act shall be available to a non24 governmental organization which fails to provide upon 25 timely request any document, file, or record necessary to HR 5522 RS 93 1 the auditing requirements of the United States Agency for 2 International Development. 3 4 5 6 7 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN- MENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM SEC. 541. (a) None of the funds appropriated or oth- 8 erwise made available by this Act may be available to any 9 foreign government which provides lethal military equip10 ment to a country the government of which the Secretary 11 of State has determined is a terrorist government for pur12 poses of section 6(j) of the Export Administration Act of 13 1979. The prohibition under this section with respect to 14 a foreign government shall terminate 12 months after that 15 government ceases to provide such military equipment. 16 This section applies with respect to lethal military equip17 ment provided under a contract entered into after October 18 1, 1997. 19 (b) Assistance restricted by subsection (a) or any 20 other similar provision of law, may be furnished if the 21 President determines that furnishing such assistance is 22 important to the national interests of the United States. 23 (c) Whenever the waiver authority of subsection (b) 24 is exercised, the President shall submit to the appropriate 25 congressional committees a report with respect to the fur26 nishing of such assistance. Any such report shall include HR 5522 RS 94 1 a detailed explanation of the assistance to be provided, in2 cluding the estimated dollar amount of such assistance, 3 and an explanation of how the assistance furthers United 4 States national interests. 5 6 7 WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN COUNTRIES SEC. 542. (a) Subject to subsection (c), of the funds 8 appropriated by this Act that are made available for as9 sistance for a foreign country, an amount equal to 110 10 percent of the total amount of the unpaid fully adjudicated 11 parking fines and penalties and unpaid property taxes 12 owed by the central government of such country shall be 13 withheld from obligation for assistance for the central gov14 ernment of such country until the Secretary of State sub15 mits a certification to the appropriate congressional com16 mittees stating that such parking fines and penalties and 17 unpaid property taxes are fully paid. 18 (b) Funds withheld from obligation pursuant to sub- 19 section (a) may be made available for other programs or 20 activities funded by this Act, after consultation with and 21 subject to the regular notification procedures of the appro22 priate congressional committees, provided that no such 23 funds shall be made available for assistance for the central 24 government of a foreign country that has not paid the 25 total amount of the fully adjudicated parking fines and 26 penalties and unpaid property taxes owed by such country. HR 5522 RS 95 1 (c) Subsection (a) shall not include amounts that 2 have been withheld under any other provision of law. 3 (d)(1) The Secretary of State may waive the require- 4 ments set forth in subsection (a) with respect to parking 5 fines and penalties no sooner than 60 days from the date 6 of enactment of this Act, or at any time with respect to 7 a particular country, if the Secretary determines that it 8 is in the national interests of the United States to do so. 9 (2) The Secretary of State may waive the require- 10 ments set forth in subsection (a) with respect to the un11 paid property taxes if the Secretary of State determines 12 that it is in the national interests of the United States 13 to do so. 14 (e) Not later than 6 months after the initial exercise 15 of the waiver authority in subsection (d), the Secretary 16 of State, after consultations with the City of New York, 17 shall submit a report to the Committees on Appropriations 18 describing a strategy, including a timetable and steps cur19 rently being taken, to collect the parking fines and pen20 alties and unpaid property taxes and interest owed by na21 tions receiving foreign assistance under this Act. 22 23 24 (f) In this section: (1) The term ``appropriate congressional committees'' means the Committee on Appropriations of HR 5522 RS 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, 2006. (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 HR 5522 RS 97 1 2 3 4 5 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. 543. None of the funds appropriated by this Act 6 may be obligated for assistance for the Palestine Libera7 tion Organization (PLO) for the West Bank and Gaza un8 less the President has exercised the authority under sec9 tion 604(a) of the Middle East Peace Facilitation Act of 10 1995 (title VI of Public Law 104­107) or any other legis11 lation to suspend or make inapplicable section 307 of the 12 Foreign Assistance Act of 1961 and that suspension is 13 still in effect: Provided, That if the President fails to make 14 the certification under section 604(b)(2) of the Middle 15 East Peace Facilitation Act of 1995 or to suspend the pro16 hibition under other legislation, funds appropriated by this 17 Act may not be obligated for assistance for the Palestine 18 Liberation Organization for the West Bank and Gaza. 19 20 WAR CRIMES TRIBUNALS DRAWDOWN SEC. 544. If the President determines that doing so 21 will contribute to a just resolution of charges regarding 22 genocide or other violations of international humanitarian 23 law, the President may direct a drawdown pursuant to sec24 tion 552(c) of the Foreign Assistance Act of 1961 of up 25 to $30,000,000 of commodities and services for the United 26 Nations War Crimes Tribunal established with regard to HR 5522 RS 98 1 the former Yugoslavia by the United Nations Security 2 Council or such other tribunals or commissions as the 3 Council may establish or authorize to deal with such viola4 tions, without regard to the ceiling limitation contained 5 in paragraph (2) thereof: Provided, That the determina6 tion required under this section shall be in lieu of any de7 terminations otherwise required under section 552(c): Pro8 vided further, That the drawdown made under this section 9 for any tribunal shall not be construed as an endorsement 10 or precedent for the establishment of any standing or per11 manent international criminal tribunal or court: Provided 12 further, That funds made available for tribunals other 13 than Yugoslavia, Rwanda, or the Special Court for Sierra 14 Leone shall be made available subject to the regular notifi15 cation procedures of the Committees on Appropriations. 16 17 LANDMINES SEC. 545. Notwithstanding any other provision of 18 law, demining equipment available to the United States 19 Agency for International Development and the Depart20 ment of State and used in support of the clearance of 21 landmines and unexploded ordnance for humanitarian 22 purposes may be disposed of on a grant basis in foreign 23 countries, subject to such terms and conditions as the 24 President may prescribe. HR 5522 RS 99 1 2 3 RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY SEC. 546. None of the funds appropriated by this Act 4 may be obligated or expended to create in any part of Je5 rusalem a new office of any department or agency of the 6 United States Government for the purpose of conducting 7 official United States Government business with the Pal8 estinian Authority over Gaza and Jericho or any successor 9 Palestinian governing entity provided for in the Israel10 PLO Declaration of Principles: Provided, That this re11 striction shall not apply to the acquisition of additional 12 space for the existing Consulate General in Jerusalem: 13 Provided further, That meetings between officers and em14 ployees of the United States and officials of the Pales15 tinian Authority, or any successor Palestinian governing 16 entity provided for in the Israel-PLO Declaration of Prin17 ciples, for the purpose of conducting official United States 18 Government business with such authority should continue 19 to take place in locations other than Jerusalem. As has 20 been true in the past, officers and employees of the United 21 States Government may continue to meet in Jerusalem on 22 other subjects with Palestinians (including those who now 23 occupy positions in the Palestinian Authority), have social 24 contacts, and have incidental discussions. HR 5522 RS 100 1 2 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES SEC. 547. None of the funds appropriated or other- 3 wise made available by this Act under the heading ``Inter4 national Military Education and Training'' or ``Foreign 5 Military Financing Program'' for Informational Program 6 activities or under the headings ``Child Survival and 7 Health Programs Fund'', ``Development Assistance'', and 8 ``Economic Support Fund'' may be obligated or expended 9 to pay for-- 10 11 12 13 14 15 16 17 (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. 548. (a) The Government of Haiti shall be eligi- 18 ble to purchase defense articles and services under the 19 Arms Export Control Act (22 U.S.C. 2751 et seq.), for 20 the Coast Guard. 21 (b) None of the funds made available in this Act 22 under the heading ``International Narcotics Control and 23 Law Enforcement'' may be used to transfer excess weap24 ons, ammunition or other lethal property of an agency of 25 the United States Government to the Government of Haiti 26 for use by the Haitian National Police until the Secretary HR 5522 RS 101 1 of State certifies to the Committees on Appropriations 2 that: (1) the United Nations Mission in Haiti 3 (MINUSTAH) has carried out the vetting of the senior 4 levels of the Haitian National Police and has ensured that 5 those credibly alleged to have committed serious crimes, 6 including drug trafficking and human rights violations, 7 have been suspended; and (2) the Haitian National Gov8 ernment is cooperating in a reform and restructuring plan 9 for the Haitian National Police and the reform of the judi10 cial system as called for in United Nations Security Coun11 cil Resolution 1608 adopted on June 22, 2005. 12 13 14 LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY SEC. 549. (a) PROHIBITION OF FUNDS.--None of the 15 funds appropriated by this Act to carry out the provisions 16 of chapter 4 of part II of the Foreign Assistance Act of 17 1961 may be obligated or expended with respect to pro18 viding funds to the Palestinian Authority. 19 (b) WAIVER.--The prohibition included in subsection 20 (a) shall not apply if the President certifies in writing to 21 the Speaker of the House of Representatives and the 22 President pro tempore of the Senate that waiving such 23 prohibition is important to the national security interests 24 of the United States. 25 (c) PERIOD OF APPLICATION OF WAIVER.--Any 26 waiver pursuant to subsection (b) shall be effective for no HR 5522 RS 102 1 more than a period of 6 months at a time and shall not 2 apply beyond 12 months after the enactment of this Act. 3 (d) REPORT.--Whenever the waiver authority pursu- 4 ant to subsection (b) is exercised, the President shall sub5 mit a report to the Committees on Appropriations detail6 ing the steps the Palestinian Authority has taken to arrest 7 terrorists, confiscate weapons and dismantle the terrorist 8 infrastructure. The report shall also include a description 9 of how funds will be spent and the accounting procedures 10 in place to ensure that they are properly disbursed. 11 12 LIMITATION ON ASSISTANCE TO SECURITY FORCES SEC. 550. None of the funds made available by this 13 Act may be provided to any unit of the security forces 14 of a foreign country if the Secretary of State has credible 15 evidence that such unit has committed gross violations of 16 human rights, unless the Secretary determines and reports 17 to the Committees on Appropriations that the government 18 of such country is taking effective measures to bring the 19 responsible members of the security forces unit to justice: 20 Provided, That nothing in this section shall be construed 21 to withhold funds made available by this Act from any 22 unit of the security forces of a foreign country not credibly 23 alleged to be involved in gross violations of human rights: 24 Provided further, That in the event that funds are withheld 25 from any unit pursuant to this section, the Secretary of 26 State shall promptly inform the foreign government of the HR 5522 RS 103 1 basis for such action and shall, to the maximum extent 2 practicable, assist the foreign government in taking effec3 tive measures to bring the responsible members of the se4 curity forces to justice. 5 6 FOREIGN MILITARY TRAINING REPORT SEC. 551. The annual foreign military training report 7 required by section 656 of the Foreign Assistance Act of 8 1961 shall be submitted by the Secretary of Defense and 9 the Secretary of State to the Committees on Appropria10 tions of the House of Representatives and the Senate by 11 the date specified in that section. 12 13 AUTHORIZATION REQUIREMENT SEC. 552. Funds appropriated by this Act, except 14 funds appropriated under the headings ``Trade and Devel15 opment Agency'', ``Overseas Private Investment Corpora16 tion'', and ``Global HIV/AIDS Initiative'', may be obli17 gated and expended notwithstanding section 10 of Public 18 Law 91­672 and section 15 of the State Department 19 Basic Authorities Act of 1956. 20 21 CAMBODIA SEC. 553. The Secretary of the Treasury should in- 22 struct the United States executive directors of the inter23 national financial institutions to use the voice and vote 24 of the United States to oppose loans to the Central Gov25 ernment of Cambodia, except loans to meet basic human 26 needs. HR 5522 RS 104 1 2 PALESTINIAN STATEHOOD SEC. 554. (a) LIMITATION ON ASSISTANCE.--None 3 of the funds appropriated by this Act may be provided 4 to support a Palestinian state unless the Secretary of 5 State determines and certifies to the appropriate congres6 sional committees that-- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (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 HR 5522 RS 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 Con- 20 gress that the newly-elected governing entity should enact 21 a constitution assuring the rule of law, an independent ju22 diciary, and respect for human rights for its citizens, and 23 should enact other laws and regulations assuring trans24 parent and accountable governance. HR 5522 RS 106 1 (c) WAIVER.--The President may waive subsection 2 (a) if he determines that it is vital to the national security 3 interests of the United States to do so. 4 (d) EXEMPTION.--The restriction in subsection (a) 5 shall not apply to assistance intended to help reform the 6 Palestinian Authority and affiliated institutions, or a 7 newly-elected governing entity, in order to help meet the 8 requirements of subsection (a), consistent with the provi9 sions of section 550 of this Act (``Limitation on Assistance 10 to the Palestinian Authority''). 11 12 COLOMBIA SEC. 555. (a) DETERMINATION AND CERTIFICATION 13 REQUIRED.--Funds appropriated by this Act that are 14 available for assistance for the Colombian Armed Forces, 15 may be made available as follows: 16 17 18 19 20 21 22 23 24 25 26 (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 HR 5522 RS 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 wit- HR 5522 RS 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 nesses, 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, 2007, if the Secretary of State certifies and reports to the appropriate congressional committees, after such date, that the Colombian HR 5522 RS 109 1 2 3 4 5 6 7 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 8 available by this Act for the Colombian Armed Forces 9 shall be subject to the regular notification procedures of 10 the Committees on Appropriations. 11 (c) CONSULTATIVE PROCESS.--Not later than 60 12 days after the date of enactment of this Act, and every 13 90 days thereafter until September 30, 2008, the Sec14 retary of State shall consult with internationally recog15 nized human rights organizations regarding progress in 16 meeting the conditions contained in subsection (a). 17 18 19 20 21 22 23 24 25 (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 ``para- military groups'' means illegal self-defense groups and illegal security cooperatives. HR 5522 RS 110 1 2 ILLEGAL ARMED GROUP SEC. 556. (a) DENIAL OF VISAS TO SUPPORTERS OF 3 COLOMBIAN ILLEGAL ARMED GROUPS.--Subject to sub4 section (b), the Secretary of State shall not issue a visa 5 to any alien who the Secretary determines, based on cred6 ible evidence-- 7 8 9 10 11 12 13 14 15 16 17 18 (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 19 Secretary of State determines and certifies to the appro20 priate congressional committees, on a case-by-case basis, 21 that the issuance of a visa to the alien is necessary to 22 support the peace process in Colombia or for urgent hu23 manitarian reasons. HR 5522 RS 111 1 2 3 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION SEC. 557. None of the funds appropriated or other- 4 wise made available by this Act may be used to provide 5 equipment, technical support, consulting services, or any 6 other form of assistance to the Palestinian Broadcasting 7 Corporation. 8 9 WEST BANK AND GAZA PROGRAM SEC. 558. (a) PROHIBITION.--None of the funds ap- 10 propriated by this Act for assistance under the West Bank 11 and Gaza program may be made available for the purpose 12 of recognizing or otherwise honoring individuals who com13 mit, or have committed, acts of terrorism. 14 15 16 17 18 19 20 21 22 23 24 25 26 (b) 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 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 HR 5522 RS 112 1 2 3 other activities in furtherance of the requirements of this subsection. (c) The Comptroller General of the United States 4 shall conduct an audit and an investigation of the treat5 ment, handling, and uses of all funds for the bilateral 6 West Bank and Gaza Program in fiscal year 2006 under 7 the heading ``Economic Support Fund''. The audit shall 8 address-- 9 10 11 12 13 14 (1) the extent to which such Program complies with the requirements of subsection (a), and (2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures. (d) Not later than 180 days after enactment of this 15 Act, the Secretary of State shall submit a report to the 16 Committees on Appropriations updating the report con17 tained in section 2106 of chapter 2 of title II of Public 18 Law 109­13. 19 20 21 CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND SEC. 559. (a) LIMITATIONS TRIBUTION.--Of ON AMOUNT OF CON- the amounts made available under 22 ``International Organizations and Programs'' and ``Child 23 Survival and Health Programs Fund'' for fiscal year 24 2007, $34,000,000 shall be made available for the United 25 Nations Population Fund (hereafter in this section re26 ferred to as the ``UNFPA''): Provided, That of this HR 5522 RS 113 1 amount, not less than $22,275,000 shall be derived from 2 funds appropriated under the heading ``International Or3 ganizations and Programs''. 4 (b) AVAILABILITY OF FUNDS.--Funds appropriated 5 under the heading ``International Organizations and Pro6 grams'' in this Act that are available for UNFPA, that 7 are not made available for UNFPA because of the oper8 ation of any provision of law, shall be transferred to 9 ``Child Survival and Health Programs Fund'' and shall 10 be made available for family planning, maternal, and re11 productive health activities, subject to the regular notifica12 tion procedures of the Committees on Appropriations. 13 (c) PROHIBITION ON USE OF FUNDS IN CHINA.-- 14 None of the funds made available under ``International 15 Organizations and Programs'' may be made available for 16 the UNFPA for a country program in the People's Repub17 lic of China. 18 (d) CONDITIONS ON AVAILABILITY OF FUNDS.-- 19 Amounts made available under ``International Organiza20 tions and Programs'' for fiscal year 2007 for the UNFPA 21 may not be made available to UNFPA unless-- 22 23 24 (1) the UNFPA maintains amounts made available to the UNFPA under this section in an account separate from other accounts of the UNFPA; HR 5522 RS 114 1 2 3 4 5 6 (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. 560. (a)(1) None of the funds appropriated or 7 otherwise made available pursuant to this Act may be 8 made available for assistance, and the Secretary of the 9 Treasury shall instruct the United States executive direc10 tors to the international financial institutions to vote 11 against any new project involving the extension by such 12 institutions of any financial or technical assistance, to any 13 country, entity, or municipality whose competent authori14 ties have failed, as determined by the Secretary of State, 15 to take necessary and significant steps to implement its 16 international legal obligations to apprehend and transfer 17 to the International Criminal Tribunal for the former 18 Yugoslavia (the ``Tribunal'') all persons in their territory 19 who have been indicted by the Tribunal and to otherwise 20 cooperate with the Tribunal. 21 (2) The provisions of this subsection shall not apply 22 to humanitarian assistance or assistance for democratiza23 tion. 24 (b) The provisions of subsection (a) shall apply unless 25 the Secretary of State determines and reports to the ap- HR 5522 RS 115 1 propriate congressional committees that the competent au2 thorities of such country, entity, or municipality are-- 3 4 5 6 7 8 9 10 (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 inter- 11 national financial institution regarding the extension of 12 any new project involving financial or technical assistance 13 or grants to any country or entity described in subsection 14 (a), the Secretary of the Treasury, in consultation with 15 the Secretary of State, shall provide to the Committees 16 on Appropriations a written justification for the proposed 17 assistance, including an explanation of the United States 18 position regarding any such vote, as well as a description 19 of the location of the proposed assistance by municipality, 20 its purpose, and its intended beneficiaries. 21 (d) In carrying out this section, the Secretary of 22 State, the Administrator of the United States Agency for 23 International Development, and the Secretary of the 24 Treasury shall consult with representatives of human 25 rights organizations and all government agencies with rel- HR 5522 RS 116 1 evant information to help prevent indicted war criminals 2 from benefiting from any financial or technical assistance 3 or grants provided to any country or entity described in 4 subsection (a). 5 (e) The Secretary of State may waive the application 6 of subsection (a) with respect to projects within a country, 7 entity, or municipality upon a written determination to the 8 Committees on Appropriations that such assistance di9 rectly supports the implementation of the Dayton Accords. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (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 Ac- cords'' 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. 561. The Secretary of the Treasury shall in- 26 struct the United States Executive Director at each interHR 5522 RS 117 1 national financial institution (as defined in section 2 1701(c)(2) of the International Financial Institutions Act) 3 and the International Monetary Fund to oppose any loan, 4 grant, strategy or policy of these institutions that would 5 require user fees or service charges on poor people for pri6 mary education or primary healthcare, including preven7 tion and treatment efforts for HIV/AIDS, malaria, tuber8 culosis, and infant, child, and maternal well-being, in con9 nection with the institutions' financing programs. 10 11 FUNDING FOR SERBIA SEC. 562. (a) Funds appropriated by this Act may 12 be made available for assistance for the central Govern13 ment of Serbia after May 31, 2007, if the President has 14 made the determination and certification contained in sub15 section (c). 16 (b) After May 31, 2007, the Secretary of the Treas- 17 ury should instruct the United States executive directors 18 to the international financial institutions to support loans 19 and assistance to the Government of Serbia and Monte20 negro subject to the conditions in subsection (c): Provided, 21 That section 576 of the Foreign Operations, Export Fi22 nancing, and Related Programs Appropriations Act, 1997, 23 as amended, shall not apply to the provision of loans and 24 assistance to the Government of Serbia and Montenegro 25 through international financial institutions. HR 5522 RS 118 1 (c) The determination and certification referred to in 2 subsection (a) is a determination by the President and a 3 certification to the Committees on Appropriations that the 4 Government of Serbia and Montenegro is-- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (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; (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, 19 Kosovo, humanitarian assistance or assistance to promote 20 democracy. 21 22 COMMUNITY-BASED POLICE ASSISTANCE SEC. 563. (a) AUTHORITY.--Funds made available 23 by this Act to carry out the provisions of chapter 1 of 24 part I and chapter 4 of part II of the Foreign Assistance 25 Act of 1961, may be used, notwithstanding section 660 26 of that Act, to enhance the effectiveness and accountHR 5522 RS 119 1 ability of civilian police authority through training and 2 technical assistance in human rights, the rule of law, stra3 tegic planning, and through assistance to foster civilian 4 police roles that support democratic governance including 5 assistance for programs to prevent conflict, respond to dis6 asters, address gender-based violence, and foster improved 7 police relations with the communities they serve. 8 (b) NOTIFICATION.--Assistance provided under sub- 9 section (a) shall be subject to prior consultation with, and 10 the regular notification procedures of, the Committees on 11 Appropriations. 12 13 SPECIAL DEBT RELIEF FOR THE POOREST SEC. 564. (a) AUTHORITY TO REDUCE DEBT.--The 14 President may reduce amounts owed to the United States 15 (or any agency of the United States) by an eligible country 16 as a result of-- 17 18 19 20 21 22 23 24 25 (1) guarantees issued under sections 221 and 222 of the Foreign Assistance Act of 1961; or (2) credits extended or guarantees issued under the Arms Export Control Act. (b) LIMITATIONS.-- (1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and referendum agreements, commonly referred to as ``Paris Club Agreed Minutes''. HR 5522 RS 120 1 2 3 4 5 6 7 8 9 10 11 12 (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 sub- 13 section (a) may be exercised only with respect to a country 14 whose government-- 15 16 17 18 19 20 21 22 23 24 (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 HR 5522 RS 121 1 2 3 4 (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 pro- 5 vided by subsection (a) may be used only with regard to 6 the funds appropriated by this Act under the heading 7 ``Debt Restructuring''. 8 (e) CERTAIN PROHIBITIONS INAPPLICABLE.--A re- 9 duction of debt pursuant to subsection (a) shall not be 10 considered assistance for the purposes of any provision of 11 law limiting assistance to a country. The authority pro12 vided by subsection (a) may be exercised notwithstanding 13 section 620(r) of the Foreign Assistance Act of 1961 or 14 section 321 of the International Development and Food 15 Assistance Act of 1975. 16 17 18 19 20 21 22 23 24 25 AUTHORITY TO ENGAGE IN DEBT BUYBACKS FOR OR SALES SEC. 565. (a) LOANS ELIGIBLE TION, OR SALE, REDUC- CANCELLATION.-- (1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS.--Notwithstanding any other provi- sion 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 HR 5522 RS 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 HR 5522 RS 123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 19 sale, reduction, or cancellation of any loan sold, reduced, 20 or canceled pursuant to this section shall be deposited in 21 the United States Government account or accounts estab22 lished for the repayment of such loan. 23 (c) ELIGIBLE PURCHASERS.--A loan may be sold 24 pursuant to subsection (a)(1)(A) only to a purchaser who 25 presents plans satisfactory to the President for using the HR 5522 RS 124 1 loan for the purpose of engaging in debt-for-equity swaps, 2 debt-for-development swaps, or debt-for-nature swaps. 3 (d) DEBTOR CONSULTATIONS.--Before the sale to 4 any eligible purchaser, or any reduction or cancellation 5 pursuant to this section, of any loan made to an eligible 6 country, the President should consult with the country 7 concerning the amount of loans to be sold, reduced, or 8 canceled and their uses for debt-for-equity swaps, debt9 for-development swaps, or debt-for-nature swaps. 10 (e) AVAILABILITY OF FUNDS.--The authority pro- 11 vided by subsection (a) may be used only with regard to 12 funds appropriated by this Act under the heading ``Debt 13 Restructuring''. 14 15 BASIC EDUCATION SEC. 566. Of the funds appropriated by title II of 16 this Act, not less than $550,000,000 shall be made avail17 able for basic education. 18 19 RECONCILIATION PROGRAMS SEC. 567. Of the funds appropriated under the head- 20 ing ``Economic Support Fund'', not less than $15,000,000 21 should be made available to support reconciliation pro22 grams and activities which bring together individuals of 23 different ethnic, religious, and political backgrounds from 24 areas of civil conflict and war. HR 5522 RS 125 1 2 SUDAN SEC. 568. (a) LIMITATION ON ASSISTANCE.--Subject 3 to subsection (b): 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (1) Notwithstanding section 501(a) of the International Malaria Control Act of 2000 (Public Law 106­570) 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. (b) Subsection (a) shall not apply if the Secretary of 19 State determines and certifies to the Committees on Ap20 propriations that-- 21 22 23 24 25 (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 HR 5522 RS 126 1 2 3 4 5 6 7 8 9 10 ceasefire commitments made in the Darfur Peace Agreement; 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. (c) EXCEPTIONS.--The provisions of subsection (b) 11 shall not apply to-- 12 13 14 15 16 17 18 (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 or the Darfur Peace Agreement. (d) DEFINITIONS.--For the purposes of this Act and 19 section 501 of Public Law 106­570, the terms ``Govern20 ment of Sudan'', ``areas outside of control of the Govern21 ment of Sudan'', and ``area in Sudan outside of control 22 of the Government of Sudan'' shall have the same meaning 23 and application as was the case immediately prior to June 24 5, 2004, and, Southern Kordofan/Nuba Mountains State, HR 5522 RS 127 1 Blue Nile State and Abyei shall be deemed ``areas outside 2 of control of the Government of Sudan''. 3 4 5 EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN COUNTRIES AND CERTAIN OTHER COUNTRIES SEC. 569. Notwithstanding section 516(e) of the For- 6 eign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during 7 fiscal year 2007, funds available to the Department of De8 fense may be expended for crating, packing, handling, and 9 transportation of excess defense articles transferred under 10 the authority of section 516 of such Act to Albania, Af11 ghanistan, Bulgaria, Croatia, Estonia, Former Yugo12 slavian Republic of Macedonia, Georgia, India, Iraq, 13 Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, 14 Mongolia, Pakistan, Romania, Slovakia, Tajikistan, 15 Turkmenistan, and Ukraine. 16 17 CUBA SEC. 570. None of the funds appropriated by this Act 18 under the heading ``International Narcotics Control and 19 Law Enforcement'' may be made available for assistance 20 to the Government of Cuba. 21 22 GENDER-BASED VIOLENCE SEC. 571. Programs funded under titles II and III 23 of this Act that provide training for foreign police, judicial, 24 and military officials, shall include, where appropriate, 25 programs and activities that address gender-based vio26 lence. HR 5522 RS 128 1 2 3 4 LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN FOREIGN GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL CRIMINAL COURT SEC. 572. (a) None of the funds made available in 5 this Act in title II under the heading ``Economic Support 6 Fund'' may be used to provide assistance to the govern7 ment of a country that is a party to the International 8 Criminal Court and has not entered into an agreement 9 with the United States pursuant to Article 98 of the Rome 10 Statute preventing the International Criminal Court from 11 proceeding against United States personnel present in 12 such country. 13 (b) The President may, with prior notice to Congress, 14 waive the prohibition of subsection (a) with respect to a 15 North Atlantic Treaty Organization (``NATO'') member 16 country, a major non-NATO ally (including Australia, 17 Egypt, Israel, Japan, Jordan, Argentina, the Republic of 18 Korea, and New Zealand), Taiwan, or such other country 19 as he may determine if he determines and reports to the 20 appropriate congressional committees that it is important 21 to the national interests of the United States to waive such 22 prohibition. 23 (c) The President may, with prior notice to Congress, 24 waive the prohibition of subsection (a) with respect to a 25 particular country if he determines and reports to the ap- HR 5522 RS 129 1 propriate congressional committees that such country has 2 entered into an agreement with the United States pursu3 ant to Article 98 of the Rome Statute preventing the 4 International Criminal Court from proceeding against 5 United States personnel present in such country. 6 (d) The prohibition of this section shall not apply to 7 countries otherwise eligible for assistance under the Mil8 lennium Challenge Act of 2003, notwithstanding section 9 606(a)(2)(B) of such Act. 10 11 TIBET SEC. 573. (a) The Secretary of the Treasury should 12 instruct the United States executive director to each inter13 national financial institution to use the voice and vote of 14 the United States to support projects in Tibet if such 15 projects do not provide incentives for the migration and 16 settlement of non-Tibetans into Tibet or facilitate the 17 transfer of ownership of Tibetan land and natural re18 sources to non-Tibetans; are based on a thorough needs19 assessment; foster self-sufficiency of the Tibetan people 20 and respect Tibetan culture and traditions; and are sub21 ject to effective monitoring. 22 (b) Notwithstanding any other provision of law, not 23 less than $4,000,000 of the funds appropriated by this 24 Act under the heading ``Economic Support Fund'' should 25 be made available to nongovernmental organizations to HR 5522 RS 130 1 support activities which preserve cultural traditions and 2 promote sustainable development and environmental con3 servation in Tibetan communities in the Tibetan Autono4 mous Region and in other Tibetan communities in China, 5 and not less than $250,000 should be made available to 6 the National Endowment for Democracy for human rights 7 and democracy programs relating to Tibet. 8 9 WESTERN HEMISPHERE SEC. 574. (a) Of the funds appropriated by this Act 10 under the headings ``Child Survival and Health Programs 11 Fund'' and ``Development Assistance'', not less than the 12 amount of funds initially allocated pursuant to section 13 653(a) of the Foreign Assistance Act of 1961 for fiscal 14 year 2006 should be made available for El Salvador, Gua15 temala, Nicaragua and Honduras. 16 (b) In addition to the amounts requested under the 17 heading ``Economic Support Fund'' for assistance for 18 Nicaragua and Guatemala in fiscal year 2007, not less 19 than $1,500,000 should be made available for electoral as20 sistance, media and civil society programs, and activities 21 to combat corruption and strengthen democracy in Nica22 ragua, and not less than $1,500,000 should be made avail23 able for programs and activities to combat organized 24 crime, crimes of violence specifically targeting women, and 25 corruption in Guatemala. HR 5522 RS 131 1 (c) Funds made available pursuant to subsection (b) 2 shall be subject to prior consultation with the Committees 3 on Appropriations. 4 (d) Of the funds appropriated in title II of this Act, 5 not less than the amount of funds initially allocated pursu6 ant to section 653(a) of the Foreign Assistance Act of 7 1961 for fiscal year 2006 in the aggregate for countries 8 of the Western Hemisphere should be made available for 9 such purposes in this bill. 10 11 12 13 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MANAGEMENT (INCLUDING TRANSFER OF FUNDS) SEC. 575. (a) AUTHORITY.--Up to $81,000,000 of 14 the funds made available in this Act to carry out the provi15 sions of part I of the Foreign Assistance Act of 1961, in16 cluding funds appropriated under the heading ``Assistance 17 for Eastern Europe and the Baltic States'', may be used 18 by the United States Agency for International Develop19 ment (USAID) to hire and employ individuals in the 20 United States and overseas on a limited appointment basis 21 pursuant to the authority of sections 308 and 309 of the 22 Foreign Service Act of 1980. 23 24 25 26 (b) RESTRICTIONS.-- (1) The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175. HR 5522 RS 132 1 2 3 4 (2) The authority to hire individuals contained in subsection (a) shall expire on September 30, 2008. (c) CONDITIONS.--The authority of subsection (a) 5 may only be used to the extent that an equivalent number 6 of positions that are filled by personal services contractors 7 or other nondirect-hire employees of USAID, who are 8 compensated with funds appropriated to carry out part I 9 of the Foreign Assistance Act of 1961, including funds 10 appropriated under the heading ``Assistance for Eastern 11 Europe and the Baltic States'', are eliminated. 12 (d) PRIORITY SECTORS.--In exercising the authority 13 of this section, primary emphasis shall be placed on ena14 bling USAID to meet personnel positions in technical skill 15 areas currently encumbered by contractor or other non16 direct-hire personnel. 17 (e) CONSULTATIONS.--The USAID Administrator 18 shall consult with the Committees on Appropriations at 19 least on a quarterly basis concerning the implementation 20 of this section. 21 (f) PROGRAM ACCOUNT CHARGED.--The account 22 charged for the cost of an individual hired and employed 23 under the authority of this section shall be the account 24 to which such individual's responsibilities primarily relate. 25 Funds made available to carry out this section may be HR 5522 RS 133 1 transferred to and merged and consolidated with funds ap2 propriated for ``Operating Expenses of the United States 3 Agency for International Development''. 4 (g) MANAGEMENT REFORM PILOT.--Of the funds 5 made available in subsection (a), USAID may use, in addi6 tion to funds otherwise available for such purposes, up to 7 $10,000,000 to fund overseas support costs of members 8 of the Foreign Service with a Foreign Service rank of four 9 or below: Provided, That such authority is only used to 10 reduce USAID's reliance on overseas personal services 11 contractors or other nondirect-hire employees com12 pensated with funds appropriated to carry out part I of 13 the Foreign Assistance Act of 1961, including funds ap14 propriated under the heading ``Assistance for Eastern Eu15 rope and the Baltic States''. 16 (h) DISASTER SURGE CAPACITY.--Funds appro- 17 priated by this Act to carry out part I of the Foreign As18 sistance Act of 1961, including funds appropriated under 19 the heading ``Assistance for Eastern Europe and the Bal20 tic States'', may be used, in addition to funds otherwise 21 available for such purposes, for the cost (including the 22 support costs) of individuals detailed to or employed by 23 the United States Agency for International Development 24 whose primary responsibility is to carry out programs in 25 response to natural disasters. HR 5522 RS 134 1 2 RESCISSIONS SEC. 576. (a) Of the funds provided in title IV of 3 Public Law 109­102, under the heading ``Funds Appro4 priated to the President, International Financial Institu5 tions, Contribution to the International Development As6 sociation'', $188,100,000 is hereby rescinded. 7 (b) Of the funds appropriated in Public Law 109­ 8 102 under the heading ``Economic Support Fund'' that 9 are available for assistance and under such heading in 10 prior Acts making appropriations for foreign operations, 11 export financing, and related programs, $200,000,000 are 12 hereby rescinded: Provided, That such amount shall be de13 rived only from funds not yet expended for cash transfer 14 assistance. 15 16 17 18 LIMITATION ON FUNDS RELATING TO ATTENDANCE OF FEDERAL EMPLOYEES AT CONFERENCES OCCURRING OUTSIDE THE UNITED STATES SEC. 577. None of the funds made available in this 19 Act may be used to send or otherwise pay for the attend20 ance of more than 50 employees of agencies or depart21 ments of the United States Government who are stationed 22 in the United States, at any single international con23 ference occurring outside the United States, unless the 24 Secretary of State determines that such attendance is in 25 the national interest: Provided, That for purposes of this 26 section the term ``international conference'' shall mean a HR 5522 RS 135 1 conference attended by representatives of the United 2 States Government and representatives of foreign govern3 ments, international organizations, or nongovernmental 4 organizations. 5 6 7 8 9 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. 578. None of the funds made available in this 10 Act for the Department of State may be used to provide 11 assistance to the central government of a country which 12 has notified the Department of State of its refusal to ex13 tradite to the United States any individual indicted in the 14 United States for killing a law enforcement officer, as 15 specified in a United States extradition request. 16 17 18 INTERNATIONAL MONETARY FUND BUDGET AND HIRING CEILINGS SEC. 579. The Secretary of the Treasury shall in- 19 struct the United States Executive Director at the Inter20 national Monetary Fund to use the voice of the United 21 States to ensure that any loan, project, agreement, memo22 randum, instrument, plan or other program of the Inter23 national Monetary Fund does not penalize countries for 24 increased government spending on healthcare or education 25 by exempting such increases from national budget caps or HR 5522 RS 136 1 restraints, hiring or wage bill ceilings or other limits im2 posed by the International Monetary Fund. 3 4 5 GOVERNMENTS THAT HAVE FAILED TO PERMIT CERTAIN EXTRADITIONS SEC. 580. None of the funds made available in this 6 Act for the Department of State, other than funds pro7 vided under the heading ``International Narcotics Control 8 and Law Enforcement'', may be used to provide assistance 9 to the central government of a country with which the 10 United States has an extradition treaty and which govern11 ment has notified the Department of State of its refusal 12 to extradite to the United States any individual charged 13 with a criminal offense for which the maximum penalty 14 is life imprisonment without the possibility of parole. 15 16 REPORTING REQUIREMENT SEC. 581. The Secretary of State shall provide the 17 Committees on Appropriations, not later than April 1, 18 2007, and for each fiscal quarter, a report in writing on 19 the uses of funds made available under the headings ``For20 eign Military Financing Program'', ``International Mili21 tary Education and Training'', and ``Peacekeeping Oper22 ations'': Provided, That such report shall include a de23 scription of the obligation and expenditure of funds, and 24 the specific country in receipt of, and the use or purpose 25 of the assistance provided by such funds. HR 5522 RS 137 1 2 3 ASSISTANCE OF FOR DEMOBILIZATION AND DISARMAMENT IN FORMER IRREGULAR COMBATANTS OF COLOMBIA SEC. 582. (a) AVAILABLITY FUNDS.--Of the 4 funds appropriated in this Act, up to $20,000,000 may 5 be made available in fiscal year 2007 for assistance for 6 the demobilization and disarmament of former members 7 of foreign terrorist organizations (FTOs) in Colombia, 8 specifically the United Self-Defense Forces of Colombia 9 (AUC), the Revolutionary Armed Forces of Colombia 10 (FARC) and the National Liberation Army (ELN), if the 11 Secretary of State makes a certification described in sub12 section (b) to the appropriate congressional committees 13 prior to the initial obligation of amounts for such assist14 ance for the fiscal year involved. 15 (b) CERTIFICATION.--A certification described in this 16 subsection is a certification that-- 17 18 19 20 21 22 23 24 (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 HR 5522 RS 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 TEES.--The CONGRESSIONAL COMMIT- term ``appropriate congressional com- mittees'' means-- (A) the Committee on Appropriations and the Committee on International Relations of the House of Representatives; and HR 5522 RS 139 1 2 3 4 5 6 7 8 9 10 11 (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. OFFICE OF THE DIRECTOR OF TRADE CAPACITY ENHANCEMENT SEC. 583. The Administrator of the United States 12 Agency for International Development (USAID) shall cre13 ate within USAID a new office of Trade Capacity En14 hancement and designate a Director of that office: Pro15 vided, That this office shall be responsible for USAID's 16 trade capacity building programs, coordinating the imple17 mentation of all programs developed by the State Depart18 ment for trade capacity building and coordinating govern19 ment-wide trade capacity building efforts of United States 20 agencies: Provided further, That this office shall be respon21 sible for ensuring that country strategic plans, as appro22 priate, include a trade capacity enhancement strategic 23 goal and monitor the implementation plan for achieving 24 this goal. HR 5522 RS 140 1 2 ENHANCING WOMEN'S ECONOMIC OPPORTUNITIES SEC. 584. (a) SUPPORT FOR WOMEN'S SMALL- AND 3 MEDIUM-SIZED ENTERPRISES 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 TRIES. IN DEVELOPING COUN- (1) IN GENERAL.--When carrying out enter- prise development programs with funds appropriated in ``Development Assistance'', ``Economic Support Funds'', or otherwise made available in the Act for ``Development Assistance'', the Director of Foreign Assistance shall ensure that, where appropriate, such programs, projects, and activities meet the requirements of paragraph (2) of this subsection. (2) REQUIREMENTS.--The requirements referred to in paragraph (1) are the following: (A) In coordination with developing country governments and interested individuals and organizations, create or enhance laws, regulations, enforcement, and other practices that promote access to banking and financial services for women-owned small- and medium-sized enterprises, and eliminate or reduce regulatory barriers that may exist in this regard. (B) Promote access to information and communication technologies (ICT) with training HR 5522 RS 141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in ICT for women-owned small- and mediumsized enterprises. (C) Provide training, through local associations of women-owned enterprises in record keeping, financial and personnel management, international trade, business planning, marketing, policy advocacy, and other relevant areas. (D) Provide resources to establish and enhance local, national, and international networks and associations of women-owned smalland medium-sized enterprises. (E) Provide incentives for nongovernmental organizations and regulated financial intermediaries to develop products, services, and marketing and outreach strategies specifically designed to facilitate and promote women's participation in small and medium-sized business development programs by addressing women's assets, needs, and the barriers they face to participation in enterprise and financial services. (F) Seek to award contracts to qualified indigenous women-owned small and mediumsized enterprises, including for post-conflict reconstruction and to facilitate employment of in- HR 5522 RS 142 1 2 3 4 digenous women, including during post-conflict reconstruction in jobs not traditionally undertaken by women. (b) TRADE BENEFITS FOR WOMEN IN DEVELOPING 5 COUNTRIES.--The enterprise development and trade ca6 pacity promotion programs administered by the Depart7 ment of State and the United States Agency for Inter8 national Development shall incorporate the following ob9 jectives: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (1) Provide training and education to women's civil society, including those organizations representing poor women, and to women-owned enterprises and associations of such enterprises, on how to respond to economic opportunities created by trade preference programs, trade agreements, or other policies creating market access, including training on United States market access requirements and procedures. (2) Provide capacity building for women entrepreneurs, including microentrepreneurs, on production strategies, quality standards, formation of cooperatives, market research, and market development. HR 5522 RS 143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (3) Provide capacity building to women, including poor women, to promote diversification of products and value-added processing. (4) Provide training to official government negotiators representing developing countries in order to enhance the ability of such negotiators to formulate trade policy and negotiate agreements that take into account the needs and priorities of a country's poor, including poor women. (5) Provide training to local women's groups in developing countries in order to enhance their ability to collect information and data, formulate proposals, and inform and impact official government negotiators representing their country in international trade negotiations of the needs and priorities of a country's poor, including poor women. (c) REPORT TO CONGRESS.--Not later than 180 days 18 after the enactment of this Act, the Director of Foreign 19 Assistance shall report to the Committees on Appropria20 tions on the implementation of the provisions of sub21 sections (a) and (b) of this section. 22 23 AUTHORIZATION SEC. 585. To authorize United States participation 24 in, and appropriations for, the United States contribution 25 to the first replenishment of the resources of the Enter26 prise for the Americas Multilateral Investment Fund, the HR 5522 RS 144 1 Inter-American Development Bank Act (22 U.S.C. 283 et 2 seq.) is amended by adding at the end the following: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ``SEC. 39. FIRST REPLENISHMENT OF THE RESOURCES OF THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT FUND. ``(a) CONTRIBUTION AUTHORITY.-- ``(1) IN GENERAL.--The Secretary of the Treasury may contribute on behalf of the United States $150,000,000 to the first replenishment of the resources of the Enterprise for the Americas Multilateral Investment Fund. ``(2) SUBJECT TO APPROPRIATIONS.--The au- thority provided by paragraph (1) may be exercised only to the extent and in the amounts provided for in advance in appropriations Acts. ``(b) LIMITATIONS PRIATIONS.--For ON AUTHORIZATION OF APPRO- the United States contribution author- 18 ized by subsection (a), there are authorized to be appro19 priated not more than $150,000,000, without fiscal year 20 limitation, for payment by the Secretary of the Treas21 ury.''. 22 23 LIMITATION ON FUNDS SEC. 586. None of the funds made available in this 24 Act may be used in contravention of section 2320(a) of 25 title 18, United States Code. HR 5522 RS 145 1 2 3 LIMITATION ON INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT ASSISTANCE FOR MEXICO SEC. 587. Of the funds appropriated in this Act 4 under the heading ``INTERNATIONAL NARCOTICS CON5 TROL AND LAW ENFORCEMENT'', not more than 6 $39,000,000 may be available for assistance for Mexico. 7 8 ASSISTANCE TO COMBAT TUBERCULOSIS SEC. 588. The amounts otherwise provided by this 9 Act are revised by increasing the amount made available 10 for ``CHILD SURVIVAL AND HEALTH PROGRAMS FUND'' 11 for programs for the prevention, treatment, control of, and 12 research on tuberculosis, as authorized by section 104B 13 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b­ 14 3), by reducing the amount made available for ``OPER15 ATING EXPENSES OF THE UNITED STATES AGENCY FOR 16 INTERNATIONAL DEVELOPMENT'', and by reducing the 17 amount made available for ``CONTRIBUTION 18 ASIAN DEVELOPMENT FUND'', by TO THE $10,000,000, 19 $5,000,000, and $5,000,000, respectively. 20 21 22 PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI ARABIA SEC. 589. None of the funds made available in this 23 Act may be obligated or expended to finance any assist24 ance to Saudi Arabia. HR 5522 RS 146 1 This Act may be cited as the ``Foreign Operations, 2 Export Financing, and Related Programs Appropriations 3 Act, 2007''. 4 That the following sums are appropriated, out of any 5 money in the Treasury not otherwise appropriated, for the 6 fiscal year ending September 30, 2007, and for other pur7 poses, namely: 8 9 10 11 12 13 14 15 TITLE I DEPARTMENT OF STATE AND RELATED AGENCIES DEPARTMENT OF STATE ADMINISTRATION OF FOREIGN AFFAIRS DIPLOMATIC AND CONSULAR PROGRAMS (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Department of State and 16 the Foreign Service not otherwise provided for, including 17 employment, without regard to civil service and classifica18 tion laws, of persons on a temporary basis (not to exceed 19 $700,000 of this appropriation), as authorized by section 20 801 of the United States Information and Educational Ex21 change Act of 1948; representation to certain international 22 organizations in which the United States participates pur23 suant to treaties ratified pursuant to the advice and consent 24 of the Senate or specific Acts of Congress; arms control, non25 proliferation and disarmament activities as authorized; ac26 quisition by exchange or purchase of passenger motor vehiHR 5522 RS 147 1 cles as authorized by law; and for expenses of general ad2 ministration, $3,699,914,000: Provided, That of the amount 3 made available under this heading, not to exceed $4,000,000 4 may be transferred to, and merged with, funds in the 5 ``Emergencies in the Diplomatic and Consular Service'' ap6 propriations account, to be available only for emergency 7 evacuations and terrorism rewards: Provided further, That 8 of the amount made available under this heading, 9 $276,000,000 is for the Bureau of East Asian and Pacific 10 Affairs, and $38,256,000 is for the Bureau of Political-Mili11 tary Affairs, of which $5,000,000 shall be provided only for 12 the hiring of additional licensing officers in the Directorate 13 of Defense Trade Controls, and for their salaries and related 14 expenses: Provided further, That of the amount made avail15 able under this heading, not less than $334,000,000 shall 16 be available only for public diplomacy international infor17 mation programs: Provided further, That of the funds ap18 propriated under this heading, $26,000,000 may be made 19 available for the Asia Pacific Partnership: Provided fur20 ther, That funds available under this heading may be made 21 available for a United States Government interagency task 22 force to examine, coordinate and oversee United States par23 ticipation in the United Nations headquarters renovation 24 project: Provided further, That funds appropriated under 25 this heading are available, pursuant to 31 U.S.C 1108(g), HR 5522 RS 148 1 for the field examination of programs and activities in the 2 United States funded from any account in this title. 3 In addition, not to exceed $1,153,000 shall be derived 4 from fees collected from other executive agencies for lease 5 or use of facilities located at the International Center in 6 accordance with section 4 of the International Center Act; 7 in addition, as authorized by section 5 of such Act, 8 $490,000, to be derived from the reserve authorized by that 9 section, to be used for the purposes set out in that section; 10 in addition, as authorized by section 810 of the United 11 States Information and Educational Exchange Act, not to 12 exceed $6,000,000, to remain available until expended, may 13 be credited to this appropriation from fees or other pay14 ments received from English teaching, library, motion pic15 tures, and publication programs and from fees from edu16 cational advising and counseling and exchange visitor pro17 grams; and, in addition, not to exceed $15,000, which shall 18 be derived from reimbursements, surcharges, and fees for use 19 of Blair House facilities. 20 In addition, for the costs of worldwide security up- 21 grades, $795,170,000, to remain available until expended. 22 In addition, beginning in fiscal year 2007 and there- 23 after, the Secretary of State is authorized to amend admin24 istratively the amounts of the surcharges related to consular 25 services in support of enhanced border security that are in HR 5522 RS 149 1 addition to the passport and immigrant visa fees provided 2 for prior to enactment of the Consolidated Appropriations 3 Act, 2005 (Public Law 108­477). 4 5 CAPITAL INVESTMENT FUND For necessary expenses of the Capital Investment 6 Fund, $58,143,000, to remain available until expended, as 7 authorized: Provided, That section 135(e) of Public Law 8 103­236 shall not apply to funds available under this head9 ing. 10 11 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector Gen- 12 eral, $32,508,000, notwithstanding section 209(a)(1) of the 13 Foreign Service Act of 1980 (Public Law 96­465), as it 14 relates to post inspections. 15 16 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS For expenses of educational and cultural exchange pro- 17 grams, as authorized, $445,522,000, to remain available 18 until expended: Provided, That not to exceed $2,000,000, 19 to remain available until expended, may be credited to this 20 appropriation from fees or other payments received from 21 or in connection with English teaching, educational advis22 ing and counseling programs, and exchange visitor pro23 grams as authorized. 24 25 For REPRESENTATION ALLOWANCES representation allowances as authorized, 26 $8,175,000. HR 5522 RS 150 1 2 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS For expenses, not otherwise provided, to enable the Sec- 3 retary of State to provide for extraordinary protective serv4 ices, as authorized, $9,270,000, to remain available until 5 September 30, 2008. 6 7 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE For necessary expenses for carrying out the Foreign 8 Service Buildings Act of 1926 (22 U.S.C. 292­303), pre9 serving, maintaining, repairing, and planning for build10 ings that are owned or directly leased by the Department 11 of State, renovating, in addition to funds otherwise avail12 able, the Harry S Truman Building, and carrying out the 13 Diplomatic Security Construction Program as authorized, 14 $605,652,000, to remain available until expended as au15 thorized, of which not to exceed $25,000 may be used for 16 domestic and overseas representation as authorized: Pro17 vided, That none of the funds appropriated in this para18 graph shall be available for acquisition of furniture, fur19 nishings, or generators for other departments and agencies: 20 Provided further, That funds appropriated under this head21 ing shall be made available for site preparation and plan22 ning for construction of functional and residential require23 ments on the Rajdamri Compound, as described in Option 24 One in the Department of State's ``Report on Rajdamri 25 Property Development Options Pursuant to the Joint Ex26 planatory Statement of the Committee of Conference AccomHR 5522 RS 151 1 panying the Science, State, Justice, and Commerce Appro2 priations Act, 2006''. 3 In addition, for the costs of worldwide security up- 4 grades, acquisition, and construction as authorized, 5 $783,168,000, to remain available until expended. 6 7 8 9 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE (INCLUDING TRANSFER OF FUNDS) For expenses necessary to enable the Secretary of State 10 to meet unforeseen emergencies arising in the Diplomatic 11 and Consular Service, $4,940,000, to remain available until 12 expended as authorized, of which not to exceed $1,000,000 13 may be transferred to and merged with the ``Repatriation 14 Loans Program Account'', subject to the same terms and 15 conditions. 16 17 18 REPATRIATION LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) For the cost of direct loans, $695,000, as authorized: 19 Provided, That such costs, including the cost of modifying 20 such loans, shall be as defined in section 502 of the Congres21 sional Budget Act of 1974. 22 In addition, for administrative expenses necessary to 23 carry out the direct loan program, $590,000, which may 24 be transferred to and merged with funds in the ``Diplomatic 25 and Consular Programs'' account. HR 5522 RS 152 1 2 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN For necessary expenses to carry out the Taiwan Rela- 3 tions Act (Public Law 96­8), $15,826,000. 4 5 6 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND For payment to the Foreign Service Retirement and 7 Disability Fund, as authorized by law, $125,000,000. 8 9 10 INTERNATIONAL ORGANIZATIONS CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS For expenses, not otherwise provided for, necessary to 11 meet annual obligations of membership in international 12 multilateral organizations, pursuant to treaties ratified 13 pursuant to the advice and consent of the Senate, conven14 tions or specific Acts of Congress, $1,151,318,000, to remain 15 available until September 30, 2007: Provided, That the Sec16 retary of State shall, at the time of the submission of the 17 President's budget to Congress under section 1105(a) of title 18 31, United States Code, transmit to the Committees on Ap19 propriations the most recent biennial budget prepared by 20 the United Nations for the operations of the United Nations: 21 Provided further, That the Secretary of State shall notify 22 the Committees on Appropriations at least 15 days in ad23 vance (or in an emergency, as far in advance as is prac24 ticable) of any United Nations action to increase funding 25 for any United Nations program without identifying an off26 setting decrease elsewhere in the United Nations budget and HR 5522 RS 153 1 cause the United Nations budget for the biennium 2006­ 2 2007 to exceed the revised United Nations budget level for 3 the biennium 2004­2005 of $3,798,912,500: Provided fur4 ther, That any payment of arrearages under this title shall 5 be directed toward special activities that are mutually 6 agreed upon by the United States and the respective inter7 national organization: Provided further, That none of the 8 funds appropriated in this paragraph shall be available for 9 a United States contribution to an international organiza10 tion for the United States share of interest costs made 11 known to the United States Government by such organiza12 tion for loans incurred on or after October 1, 1984, through 13 external borrowings. 14 15 16 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES For necessary expenses to pay assessed and other ex- 17 penses of international peacekeeping activities directed to 18 the maintenance or restoration of international peace and 19 security, $1,135,327,000, of which 15 percent shall remain 20 available until September 30, 2008: Provided, That none 21 of the funds made available under this title shall be obli22 gated or expended for any new or expanded United Nations 23 peacekeeping mission unless, at least 15 days in advance 24 of voting for the new or expanded mission in the United 25 Nations Security Council (or in an emergency as far in 26 advance as is practicable): (1) the Committees on ApproHR 5522 RS 154 1 priations and other appropriate committees of the Congress 2 are notified of the estimated cost and length of the mission, 3 the national interest that will be served, and the planned 4 exit strategy; (2) the Committees on Appropriations and 5 other appropriate committees of the Congress are notified 6 that the United Nations has taken appropriate measures 7 to prevent United Nations employees, contractor personnel, 8 and peacekeeping forces serving in any United Nations 9 peacekeeping mission from trafficking in persons, exploiting 10 victims of trafficking, or committing acts of illegal sexual 11 exploitation, and to hold accountable individuals who en12 gage in such acts while participating in the peacekeeping 13 mission; and (3) a reprogramming of funds pursuant to 14 section 104 of this Act is submitted, and the procedures 15 therein followed, setting forth the source of funds that will 16 be used to pay for the cost of the new or expanded mission: 17 Provided further, That funds shall be available for peace18 keeping expenses only upon a certification by the Secretary 19 of State to the appropriate committees of the Congress that 20 American manufacturers and suppliers are being given op21 portunities to provide equipment, services, and material for 22 United Nations peacekeeping activities equal to those being 23 given to foreign manufacturers and suppliers. HR 5522 RS 155 1 2 INTERNATIONAL COMMISSIONS For necessary expenses, not otherwise provided for, to 3 meet obligations of the United States arising under treaties, 4 or specific Acts of Congress, as follows: 5 6 7 INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO For necessary expenses for the United States Section 8 of the International Boundary and Water Commission, 9 United States and Mexico, and to comply with laws appli10 cable to the United States Section, including not to exceed 11 $6,000 for representation; as follows: 12 13 SALARIES AND EXPENSES For salaries and expenses, not otherwise provided for, 14 $28,453,000. 15 16 CONSTRUCTION For detailed plan preparation and construction of au- 17 thorized projects, $5,237,000, to remain available until ex18 pended, as authorized. 19 20 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS For necessary expenses, not otherwise provided, for the 21 International Joint Commission and the International 22 Boundary Commission, United States and Canada, as au23 thorized by treaties between the United States and Canada 24 or Great Britain, and for the Border Environment Coopera25 tion Commission as authorized by Public Law 103­182, 26 $10,000,000, of which not to exceed $9,000 shall be available HR 5522 RS 156 1 for representation expenses incurred by the International 2 Joint Commission. 3 4 INTERNATIONAL FISHERIES COMMISSIONS For necessary expenses for international fisheries com- 5 missions, not otherwise provided for, as authorized by law, 6 $23,711,000: Provided, That the United States' share of 7 such expenses may be advanced to the respective commis8 sions pursuant to 31 U.S.C. 3324. 9 10 11 OTHER PAYMENT TO THE ASIA FOUNDATION For a grant to the Asia Foundation, as authorized by 12 the Asia Foundation Act (22 U.S.C. 4402), $14,000,000, to 13 remain available until expended, as authorized. 14 15 16 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND For necessary expenses of the Center for Middle East- 17 ern-Western Dialogue Trust Fund, the total amount of the 18 interest and earnings accruing to such Fund on or before 19 September 30, 2007, to remain available until expended. 20 21 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM For necessary expenses of Eisenhower Exchange Fel- 22 lowships, Incorporated, as authorized by sections 4 and 5 23 of the Eisenhower Exchange Fellowship Act of 1990 (20 24 U.S.C. 5204­5205), all interest and earnings accruing to 25 the Eisenhower Exchange Fellowship Program Trust Fund 26 on or before September 30, 2007, to remain available until HR 5522 RS 157 1 expended: Provided, That none of the funds appropriated 2 herein shall be used to pay any salary or other compensa3 tion, or to enter into any contract providing for the pay4 ment thereof, in excess of the rate authorized by 5 U.S.C. 5 5376; or for purposes which are not in accordance with 6 OMB Circulars A­110 (Uniform Administrative Require7 ments) and A­122 (Cost Principles for Non-profit Organi8 zations), including the restrictions on compensation for per9 sonal services. 10 11 ISRAELI ARAB SCHOLARSHIP PROGRAM For necessary expenses of the Israeli Arab Scholarship 12 Program as authorized by section 214 of the Foreign Rela13 tions Authorization Act, Fiscal Years 1992 and 1993 (22 14 U.S.C. 2452), all interest and earnings accruing to the 15 Israeli Arab Scholarship Fund on or before September 30, 16 2007, to remain available until expended. 17 18 EAST-WEST CENTER To enable the Secretary of State to provide for car- 19 rying out the provisions of the Center for Cultural and 20 Technical Interchange Between East and West Act of 1960, 21 by grant to the Center for Cultural and Technical Inter22 change Between East and West in the State of Hawaii, 23 $19,000,000: Provided, That none of the funds appropriated 24 herein shall be used to pay any salary, or enter into any 25 contract providing for the payment thereof, in excess of the 26 rate authorized by 5 U.S.C. 5376. HR 5522 RS 158 1 2 NATIONAL ENDOWMENT FOR DEMOCRACY For grants made by the Department of State to the 3 National Endowment for Democracy as authorized by the 4 National Endowment for Democracy Act, $8,800,000, to re5 main available until expended. 6 7 8 9 RELATED AGENCIES BROADCASTING BOARD OF GOVERNORS INTERNATIONAL BROADCASTING OPERATIONS For expenses necessary to enable the Broadcasting 10 Board of Governors, as authorized, to carry out inter11 national communication activities, and to make and super12 vise grants for radio and television broadcasting to the Mid13 dle East, $617,338,000: Provided, That of the total amount 14 in this heading, not to exceed $16,000 may be used for offi15 cial receptions within the United States as authorized, not 16 to exceed $35,000 may be used for representation abroad 17 as authorized, and not to exceed $39,000 may be used for 18 official reception and representation expenses of Radio Free 19 Europe/Radio Liberty; and in addition, notwithstanding 20 any other provision of law, not to exceed $2,000,000 in re21 ceipts from advertising and revenue from business ventures, 22 not to exceed $500,000 in receipts from cooperating inter23 national organizations, and not to exceed $1,000,000 in re24 ceipts from privatization efforts of the Voice of America and HR 5522 RS 159 1 the International Broadcasting Bureau, to remain avail2 able until expended for carrying out authorized purposes. 3 4 BROADCASTING TO CUBA For necessary expenses to enable the Broadcasting 5 Board of Governors to carry out broadcasting to Cuba, in6 cluding the purchase, rent, construction, and improvement 7 of facilities for radio and television transmission and recep8 tion and purchase, lease, and installation and operation of 9 necessary equipment, including aircraft, for radio and tele10 vision transmission and reception, $36,279,000. 11 12 BROADCASTING CAPITAL IMPROVEMENTS For the purchase, rent, construction, and improvement 13 of facilities for radio transmission and reception, and pur14 chase and installation of necessary equipment for radio and 15 television transmission and reception as authorized, 16 $7,624,000, to remain available until expended, as author17 ized. 18 19 20 21 COMMISSION FOR THE PRESERVATION OF AMERICA'S HERITAGE ABROAD SALARIES AND EXPENSES For necessary expenses for the Commission for the 22 Preservation of America's Heritage Abroad, $493,000, as 23 authorized by section 1303 of Public Law 99­83. HR 5522 RS 160 1 2 3 COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM SALARIES AND EXPENSES For necessary expenses for the United States Commis- 4 sion on International Religious Freedom, as authorized by 5 title II of the International Religious Freedom Act of 1998 6 (Public Law 105­292), $3,000,000. 7 COMMISSION 8 9 ON SECURITY AND COOPERATION IN EUROPE SALARIES AND EXPENSES For necessary expenses of the Commission on Security 10 and Cooperation in Europe, as authorized by Public Law 11 94­304, $2,110,000, to remain available until September 12 30, 2008. 13 14 15 16 CONGRESSIONAL-EXECUTIVE COMMISSION PEOPLE'S REPUBLIC OF ON THE CHINA SALARIES AND EXPENSES For necessary expenses of the Congressional-Executive 17 Commission on the People's Republic of China, as author18 ized, $2,000,000, including not more than $3,000 for the 19 purpose of official representation, to remain available until 20 September 30, 2008. 21 22 23 HELP COMMISSION SALARIES AND EXPENSES For necessary expenses of the HELP Commission, 24 $250,000, to remain available until expended. HR 5522 RS 161 1 UNITED STATES-CHINA ECONOMIC 2 3 4 AND SECURITY REVIEW COMMISSION SALARIES AND EXPENSES For necessary expenses of the United States-China 5 Economic and Security Review Commission, $3,000,000, 6 including not more than $5,000 for the purpose of official 7 representation, to remain available until September 30, 8 2008: Provided, That of the funds appropriated under this 9 heading, $1,500,000 shall be obligated only after the Sec10 retary of State consults with the Committees on Appropria11 tions on the findings of the Government Accountability Of12 fice's audit of the United States-China Economic and Secu13 rity Review Commission. 14 15 16 UNITED STATES SENATE INTERPARLIAMENTARY GROUPS SALARIES AND EXPENSES For necessary expenses of the United States Senate- 17 China Interparliamentary Group, as authorized under sec18 tion 153 of the Consolidated Appropriations Act, 2004 (22 19 U.S.C. 276n; Public Law 108­99; 118 Stat. 448), $175,000, 20 to remain available until September 30, 2008. 21 In addition, for necessary expenses of the United 22 States Senate-Japan Interparliamentary Group, $150,000, 23 to remain available until September 30, 2008. HR 5522 RS 162 1 2 3 UNITED STATES INSTITUTE OF PEACE OPERATING EXPENSES For necessary expenses of the United States Institute 4 of Peace as authorized in the United States Institute of 5 Peace Act, $22,065,000, to remain available until Sep6 tember 30, 2008. 7 8 9 GENERAL PROVISIONS--THIS TITLE PUBLICITY OR PROPAGANDA SEC. 101. No part of any appropriation contained in 10 this Act shall be used for publicity or propaganda purposes 11 not authorized by the Congress. 12 13 AVAILABILITY OF FUNDS SEC. 102. No part of any appropriation contained in 14 this Act shall remain available for obligation beyond the 15 current fiscal year unless expressly so provided herein. 16 17 CONSULTING SERVICES SEC. 103. The expenditure of any appropriation under 18 this Act for any consulting service through procurement 19 contract, pursuant to 5 U.S.C. 3109, shall be limited to 20 those contracts where such expenditures are a matter of pub21 lic record and available for public inspection, except where 22 otherwise provided under existing law, or under existing 23 Executive order issued pursuant to existing law. 24 25 REPROGRAMMING OF FUNDS SEC. 104. (a) None of the funds provided under this 26 Act, or provided under previous appropriations Acts to the HR 5522 RS 163 1 agencies funded by this Act that remain available for obli2 gation or expenditure in fiscal year 2007, or provided from 3 any accounts in the Treasury of the United States derived 4 by the collection of fees available to the agencies funded by 5 this Act, shall be available for obligation or expenditure 6 through a reprogramming of funds that: (1) creates new 7 programs; (2) eliminates a program, project, or activity; 8 (3) increases funds or personnel by any means for any 9 project or activity for which funds have been denied or re10 stricted; (4) relocates an office or employees; (5) reorganizes 11 or renames offices; (6) reorganizes, programs or activities; 12 or (7) contracts out or privatizes any functions or activities 13 presently performed by Federal employees; unless the Com14 mittees on Appropriations are notified 15 days in advance 15 of such reprogramming of funds. 16 (b) None of the funds provided under this Act, or pro- 17 vided under previous appropriations Acts to the agencies 18 funded by this Act that remain available for obligation or 19 expenditure in fiscal year 2007, or provided from any ac20 counts in the Treasury of the United States derived by the 21 collection of fees available to the agencies funded by such 22 title, shall be available for obligation or expenditure for ac23 tivities, programs, or projects through a reprogramming of 24 funds in excess of $750,000 or 10 percent, whichever is less, 25 that: (1) augments existing programs, projects, or activities; HR 5522 RS 164 1 (2) reduces by 10 percent funding for any existing program, 2 project, or activity, or numbers of personnel by 10 percent 3 as approved by Congress; or (3) results from any general 4 savings, including savings from a reduction in personnel, 5 which would result in a change in existing programs, ac6 tivities, or projects as approved by Congress; unless the 7 Committees on Appropriations are notified 15 days in ad8 vance of such reprogramming of funds. 9 10 PEACEKEEPING MISSIONS SEC. 105. None of the funds made available by this 11 Act may be used for any United Nations undertaking when 12 it is made known to the Federal official having authority 13 to obligate or expend such funds that: (1) the United Na14 tions undertaking is a peacekeeping mission; (2) such un15 dertaking will involve United States Armed Forces under 16 the command or operational control of a foreign national; 17 and (3) the President's military advisors have not sub18 mitted to the President a recommendation that such in19 volvement is in the national security interests of the United 20 States and the President has not submitted to the Congress 21 such a recommendation. 22 23 UNOBLIGATED BALANCES REPORT SEC. 106. The Department of State and the Broad- 24 casting Board of Governors shall provide to the Committees 25 on Appropriations a quarterly accounting of the cumulative HR 5522 RS 165 1 balances of any unobligated funds that were received by 2 such agency during any previous fiscal year. 3 4 RESTRICTIONS ON UNITED NATIONS DELEGATIONS SEC. 107. None of the funds made available in this 5 Act may be used to pay expenses for any United States dele6 gation to any specialized agency, body, or commission of 7 the United Nations if such commission is chaired or pre8 sided over by a country, the government of which the Sec9 retary of State has determined, for purposes of section 10 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. 11 App. 2405(j)(1)), has provided support for acts of inter12 national terrorism. 13 14 EMBASSY CONSTRUCTION SEC. 108. (a) Except as provided in subsection (b), a 15 project to construct a diplomatic facility of the United 16 States may not include office space or other accommoda17 tions for an employee of a Federal agency or department 18 if the Secretary of State determines that such department 19 or agency has not provided to the Department of State the 20 full amount of funding required by subsection (e) of section 21 604 of the Secure Embassy Construction and 22 Counterterrorism Act of 1999 (as enacted into law by sec23 tion 1000(a)(7) of Public Law 106­113 and contained in 24 appendix G of that Act; 113 Stat. 1501A­453), as amended 25 by section 629 of the Departments of Commerce, Justice, HR 5522 RS 166 1 and State, the Judiciary, and Related Agencies Appropria2 tions Act, 2005. 3 (b) Notwithstanding the prohibition in subsection (a), 4 a project to construct a diplomatic facility of the United 5 States may include office space or other accommodations 6 for members of the Marine Corps. 7 8 ALLOWANCES AND DIFFERENTIALS SEC. 109. Funds appropriated under this Act shall be 9 available, except as otherwise provided, for allowances and 10 differentials as authorized by subchapter 59 of title 5, 11 United States Code; for services as authorized by 5 U.S.C. 12 3109; and for hire of passenger transportation pursuant to 13 31 U.S.C. 1343(b). 14 15 TRANSFER AUTHORITY SEC. 110. (a) Not to exceed 5 percent of any appro- 16 priation made available for the current fiscal year for the 17 Department of State in this Act may be transferred between 18 such appropriations, but no such appropriation, except as 19 otherwise specifically provided, shall be increased by more 20 than 10 percent by any such transfers: Provided, That not 21 to exceed 5 percent of any appropriation made available 22 for the current fiscal year for the Broadcasting Board of 23 Governors in this Act may be transferred between such ap24 propriations, but no such appropriation, except as other25 wise specifically provided, shall be increased by more than 26 10 percent by any such transfers: Provided further, That HR 5522 RS 167 1 any transfer pursuant to this section shall be treated as a 2 reprogramming of funds under section 104 of this Act and 3 shall not be available for obligation or expenditure except 4 in compliance with the procedures set forth in that section. 5 (b) None of the funds made available in this Act may 6 be transferred to any department, agency, or instrumen7 tality of the United States Government, except pursuant to 8 a transfer made by, or transfer authority provided in, this 9 Act or any other appropriations Act. 10 11 UNITED STATES CITIZENS BORN IN JERUSALEM SEC. 111. For the purposes of registration of birth, cer- 12 tification of nationality, or issuance of a passport of a 13 United States citizen born in the city of Jerusalem, the Sec14 retary of State shall, upon request of the citizen, record the 15 place of birth as Israel. 16 17 SENIOR POLICY OPERATING GROUP SEC. 112. (a) The Senior Policy Operating Group on 18 Trafficking in Persons, established under section 105(f) of 19 the Victims of Trafficking and Violence Protection Act of 20 2000 (22 U.S.C. 7103(f)) to coordinate agency activities re21 garding policies (including grants and grant policies) in22 volving the international trafficking in persons, shall co23 ordinate all such policies related to the activities of traf24 fickers and victims of severe forms of trafficking. HR 5522 RS 168 1 (b) None of the funds provided in this or any other 2 Act shall be expended to perform functions that duplicate 3 coordinating responsibilities of the Operating Group. 4 (c) The Operating Group shall continue to report only 5 to the authorities that appointed them pursuant to section 6 105(f). 7 8 STATE DEPARTMENT AUTHORITIES SEC. 113. Funds appropriated under this Act for the 9 Broadcasting Board of Governors and the Department of 10 State may be obligated and expended notwithstanding sec11 tion 15 of the State Department Basic Authorities Act of 12 1956, section 313 of the Foreign Relations Authorization 13 Act, Fiscal Years 1994 and 1995 (Public Law 103­236), 14 and section 504(a)(1) of the National Security Act of 1947 15 (50 U.S.C. 414(a)(1)). 16 17 PALESTINIAN BROADCASTING CORPORATION SEC. 114. None of the funds appropriated or otherwise 18 made available in this Act may be used by the Department 19 of State or the Broadcasting Board of Governors to provide 20 equipment, technical support, consulting services, or any 21 other form of assistance to the Palestinian Broadcasting 22 Corporation. 23 24 ALLOCATIONS SEC. 115. (a) Funds provided in this Act for the fol- 25 lowing accounts shall be made available for programs in HR 5522 RS 169 1 the amounts contained in the respective tables included in 2 the report accompanying this Act: 3 4 5 6 7 8 9 10 11 ``Educational grams''. ``Embassy Security, Construction, and Maintenance''. ``Contributions for International Peacekeeping Activities''. ``International Fisheries Commissions''. ``International Broadcasting Operations''. (b) Any proposed increases or decreases to the amounts and Cultural Exchange Pro- 12 contained in such tables in the accompanying report shall 13 be subject to the regular notification procedures in section 14 104 of this Act. 15 (c) The Secretary of State shall notify the Committees 16 on Appropriations 15 days in advance of recommending 17 the issuance of any license subject to Executive Order No. 18 13067. 19 20 PEACEKEEPING ACTIVITIES SEC. 116. Notwithstanding any other provision of law, 21 of the funds appropriated or otherwise made available in 22 this Act, not more than $1,135,327,000 shall be available 23 for payment to the United Nations for assessed and other 24 expenses of international peacekeeping activities. HR 5522 RS 170 1 2 RESTRICTION ON CONTRIBUTIONS TO THE UNITED NATIONS SEC. 117. None of the funds appropriated or otherwise 3 made available in this Act may be made available to pay 4 any contribution of the United States to the United Nations 5 if the United Nations implements or imposes any taxation 6 on any United States persons. 7 8 CEILINGS AND EARMARKS SEC. 118. Ceilings and earmarks contained in this Act 9 shall not be applicable to funds or authorities appropriated 10 or otherwise made available by any subsequent Act unless 11 such Act specifically so directs. Earmarks or minimum 12 funding requirements contained in any other Act shall not 13 be applicable to funds appropriated by this Act. 14 15 16 CONTRACTING WITH PERSONS DOING BUSINESS WITH LIBYA SEC. 119. Subsection (c) of section 406 of the Omnibus 17 Diplomatic Security and Antiterrorism Act of 1986, Public 18 Law 99­399, is repealed. 19 20 AMBASSADOR FOR ASEAN AFFAIRS SEC. 120. There is established in the Department of 21 State, the position of United States Ambassador for ASEAN 22 Affairs, who shall be appointed by the President, subject to 23 the advice and consent of the Senate, whose duties shall in24 clude serving as the liaison for the United States to the As25 sociation of Southeast Asian Nations. HR 5522 RS 171 1 2 DENIAL OF VISAS SEC. 121. (a) None of the funds appropriated or other- 3 wise made available under this Act shall be expended for 4 any purpose for which appropriations are prohibited by 5 section 616 of the Departments of Commerce, Justice, and 6 State, the Judiciary, and Related Agencies Appropriations 7 Act, 1999. 8 (b) The requirements in subsections (b) and (c) of sec- 9 tion 616 of that Act shall continue to apply during fiscal 10 year 2007. 11 12 PERSONNEL ACTIONS SEC. 122. Any costs incurred by a department or agen- 13 cy funded under this Act resulting from personnel actions 14 taken in response to funding reductions included in this 15 Act shall be absorbed within the total budgetary resources 16 available to such department or agency: Provided, That the 17 authority to transfer funds between appropriations ac18 counts as may be necessary to carry out this section is pro19 vided in addition to authorities included elsewhere in this 20 Act: Provided further, That use of funds to carry out this 21 section shall be treated as a reprogramming of funds under 22 section 104 of this Act and shall not be available for obliga23 tion or expenditure except in compliance with the proce24 dures set forth in that section. HR 5522 RS 172 1 2 ATTENDANCE AT INTERNATIONAL CONFERENCES SEC. 123. None of the funds made available in this 3 Act may be used to send or otherwise pay for the attendance 4 of more than 50 employees of agencies or departments of 5 the United States Government who are stationed in the 6 United States, at any single international conference occur7 ring outside the United States, unless the Secretary of State 8 determines that such attendance is in the national interest: 9 Provided, That for purposes of this section the term ``inter10 national conference'' shall mean a conference attended by 11 representatives of the United States Government and rep12 resentatives of foreign governments, international organiza13 tions, or nongovernmental organizations. 14 15 REFERENCES SEC. 124. Except as otherwise provided in this title, 16 any reference in this title to ``this Act'' shall be deemed to 17 be a reference to title I of the Department of State, Foreign 18 Operations, and Related Programs Appropriations Act, 19 2007. 20 21 22 THE UNITED STATES SENATE-JAPAN INTERPARLIAMENTARY GROUP SEC. 125. (a) ESTABLISHMENT AND MEETINGS.--Not 23 to exceed 12 Senators shall be appointed to meet annually 24 with representatives of the Diet of Japan for discussion of 25 common problems in the interest of relations between the 26 United States and Japan. The Senators so appointed shall HR 5522 RS 173 1 be referred to as the ``United States group'' of the United 2 States Senate-Japan Interparliamentary Group. 3 (b) APPOINTMENT OF MEMBERS.--The President pro 4 tempore of the Senate shall appoint Senators under this sec5 tion upon recommendations of the majority and minority 6 leaders of the Senate. The President pro tempore of the Sen7 ate shall designate 1 Senator as the Chair of the United 8 States group. 9 (c) FUNDING.--There is to be authorized to be appro- 10 priated $150,000 for each fiscal year to assist in meeting 11 the expenses of the United States group for each fiscal year 12 for which an appropriation is made. Appropriations shall 13 be disbursed on vouchers to be approved by the Chair of 14 the United States group. 15 (d) CERTIFICATION OF EXPENDITURES.--The certifi- 16 cation of the Chair of the United States group shall be final 17 and conclusive upon the accounting officers in the auditing 18 of accounts of the United States group. 19 20 21 22 23 24 (e) EFFECTIVE DATE.-- (1) IN GENERAL.--Subsections (a) through (d) shall apply to fiscal year 2007, and each fiscal year thereafter. (2) FISCAL YEAR 2007.--Subsection (e) shall apply to fiscal year 2007. HR 5522 RS 174 1 2 3 WESTERN HEMISPHERE TRAVEL INITIATIVE SEC. 126. IMPLEMENTATION SPHERE OF WESTERN HEMI- TRAVEL INITIATIVE. Section 7209(b)(1) of the In- 4 telligence Reform and Terrorism Prevention Act of 2004 5 (Public Law 108­458; 8 U.S.C. 1185 note) is amended by 6 striking from ``(1) DEVELOPMENT OF PLAN.--The Sec- 7 retary'' through ``7208(k)).'' and inserting the following: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ``(1) DEVELOPMENT TION.-- OF PLAN AND IMPLEMENTA- ``(A) The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement a plan as expeditiously as possible to require a passport or other document, or combination of documents, deemed by the Secretary of Homeland Security to be sufficient to denote identity and citizenship, for all travel into the United States by United States citizens and by categories of individuals for whom documentation requirements have previously been waived under section 212(d)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(4)(B)). This plan shall be implemented not later than 3 months after the Secretary of State and the Secretary of Homeland Security make the certifications required in sub- HR 5522 RS 175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 section (B), or June 1, 2009, whichever is earlier. The plan shall seek to expedite the travel of frequent travelers, including those who reside in border communities, and in doing so, shall make readily available a registered traveler program (as described in section 7208(k)). ``(B) The Secretary of Homeland Security and the Secretary of State shall jointly certify to the Committees on Appropriations of the Senate and the House of Representatives that the following criteria have been met prior to implementation of Section 7209(b)(1)(A)-- ``(i) the National Institutes of Standards and Technology has certified that the card architecture meets the International Organization for Standardization ISO 14443 security standards, or justifies a deviation from such standard; ``(ii) the technology to be used by the United States for the passport card, and any subsequent change to that technology, has been shared with the governments of Canada and Mexico; ``(iii) an agreement has been reached with the United States Postal Service on the HR 5522 RS 176 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 fee to be charged individuals for the passport card, and a detailed justification has been submitted to the Committees on Appropriations of the Senate and the House of Representatives; ``(iv) an alternative procedure has been developed for groups of children traveling across an international border under adult supervision with parental consent; ``(v) the necessary technological infrastructure to process the passport cards has been installed, and all employees at ports of entry have been properly trained in the use of the new technology; ``(vi) the passport card has been made available for the purpose of international travel by United States citizens through land and sea ports of entry between the United States and Canada, Mexico, the Caribbean and Bermuda; and ``(vii) a single implementation date for sea and land borders has been established.''. This title may be cited as the ``Department of State 24 and Related Agencies Appropriations Act, 2007''. HR 5522 RS 177 1 2 3 4 5 TITLE II EXPORT AND INVESTMENT ASSISTANCE EXPORT-IMPORT BANK OF THE UNITED STATES INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK For necessary expenses of the Office of Inspector Gen- 6 eral in carrying out the provisions of the Inspector General 7 Act of 1978, as amended, $988,000, to remain available 8 until September 30, 2008. 9 10 EXPORT-IMPORT BANK LOANS PROGRAM ACCOUNT The Export-Import Bank of the United States is au- 11 thorized to make such expenditures within the limits of 12 funds and borrowing authority available to such corpora13 tion, and in accordance with law, and to make such con14 tracts and commitments without regard to fiscal year limi15 tations, as provided by section 104 of the Government Cor16 poration Control Act, as may be necessary in carrying out 17 the program for the current fiscal year for such corporation: 18 Provided, That none of the funds available during the cur19 rent fiscal year may be used to make expenditures, con20 tracts, or commitments for the export of nuclear equipment, 21 fuel, or technology to any country, other than a nuclear22 weapon state as defined in Article IX of the Treaty on the 23 Non-Proliferation of Nuclear Weapons eligible to receive 24 economic or military assistance under this Act, that has 25 detonated a nuclear explosive after the date of the enactment 26 of this Act: Provided further, That notwithstanding section HR 5522 RS 178 1 1(c) of Public Law 103­428, as amended, sections 1(a) and 2 (b) of Public Law 103­428 shall remain in effect through 3 October 1, 2007. 4 5 SUBSIDY APPROPRIATION For the cost of direct loans, loan guarantees, insurance, 6 and tied-aid grants as authorized by section 10 of the Ex7 port-Import Bank Act of 1945, as amended, $26,382,000, 8 to remain available until September 30, 2010: Provided, 9 That such costs, including the cost of modifying such loans, 10 shall be as defined in section 502 of the Congressional Budg11 et Act of 1974: Provided further, That such sums shall re12 main available until September 30, 2025, for the disburse13 ment of direct loans, loan guarantees, insurance and tied14 aid grants obligated in fiscal years 2007, 2008, 2009, and 15 2010: Provided further, That none of the funds appro16 priated by this Act or any prior Act appropriating funds 17 for foreign operations, export financing, and related pro18 grams for tied-aid credits or grants may be used for any 19 other purpose except through the regular notification proce20 dures of the Committees on Appropriations: Provided fur21 ther, That funds appropriated by this paragraph are made 22 available notwithstanding section 2(b)(2) of the Export-Im23 port Bank Act of 1945, in connection with the purchase 24 or lease of any product by any Eastern European country, 25 any Baltic State or any agency or national thereof. HR 5522 RS 179 1 2 ADMINISTRATIVE EXPENSES For administrative expenses to carry out the direct 3 and guaranteed loan and insurance programs, including 4 hire of passenger motor vehicles and services as authorized 5 by 5 U.S.C. 3109, and not to exceed $30,000 for official 6 reception and representation expenses for members of the 7 Board of Directors, $69,234,000: Provided, That the Ex8 port-Import Bank may accept, and use, payment or services 9 provided by transaction participants for legal, financial, 10 or technical services in connection with any transaction for 11 which an application for a loan, guarantee or insurance 12 commitment has been made: Provided further, That not13 withstanding subsection (b) of section 117 of the Export En14 hancement Act of 1992, subsection (a) thereof shall remain 15 in effect until October 1, 2007. 16 17 18 OVERSEAS PRIVATE INVESTMENT CORPORATION NONCREDIT ACCOUNT The Overseas Private Investment Corporation is au- 19 thorized to make, without regard to fiscal year limitations, 20 as provided by 31 U.S.C. 9104, such expenditures and com21 mitments within the limits of funds available to it and in 22 accordance with law as may be necessary: Provided, That 23 the amount available for administrative expenses to carry 24 out the credit and insurance programs (including an 25 amount for official reception and representation expenses HR 5522 RS 180 1 which shall not exceed $35,000) shall not exceed 2 $44,453,000: Provided further, That project-specific trans3 action costs, including direct and indirect costs incurred 4 in claims settlements, and other direct costs associated with 5 services provided to specific investors or potential investors 6 pursuant to section 234 of the Foreign Assistance Act of 7 1961, shall not be considered administrative expenses for 8 the purposes of this heading. 9 10 PROGRAM ACCOUNT For the cost of direct and guaranteed loans, 11 $20,035,000, as authorized by section 234 of the Foreign 12 Assistance Act of 1961, to be derived by transfer from the 13 Overseas Private Investment Corporation Non-Credit Ac14 count: Provided, That such costs, including the cost of modi15 fying such loans, shall be as defined in section 502 of the 16 Congressional Budget Act of 1974: Provided further, That 17 such sums shall be available for direct loan obligations and 18 loan guaranty commitments incurred or made during fiscal 19 years 2007 and 2008: Provided further, That such sums 20 shall remain available through fiscal year 2015 for the dis21 bursement of direct and guaranteed loans obligated in fiscal 22 year 2007, and through fiscal year 2016 for the disburse23 ment of direct and guaranteed loans obligated in fiscal year 24 2008: Provided further, That funds so obligated in fiscal 25 year 2007 remain available for disbursement through 2015 26 and funds obligated in fiscal year 2008 remain available HR 5522 RS 181 1 for disbursement through 2016: Provided further, That not2 withstanding any other provision of law, the Overseas Pri3 vate Investment Corporation is authorized to undertake any 4 program authorized by title IV of the Foreign Assistance 5 Act of 1961 in Iraq: Provided further, That funds made 6 available pursuant to the authority of the previous proviso 7 shall be subject to the regular notification procedures of the 8 Committees on Appropriations. 9 In addition, such sums as may be necessary for admin- 10 istrative expenses to carry out the credit program may be 11 derived from amounts available for administrative expenses 12 to carry out the credit and insurance programs in the Over13 seas Private Investment Corporation Noncredit Account 14 and merged with said account. 15 16 17 FUNDS APPROPRIATED TO THE PRESIDENT TRADE AND DEVELOPMENT AGENCY For necessary expenses to carry out the provisions of 18 section 661 of the Foreign Assistance Act of 1961, 19 $50,300,000, to remain available until September 30, 2008. 20 21 22 23 TITLE III BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT For expenses necessary to enable the President to carry 24 out the provisions of the Foreign Assistance Act of 1961, HR 5522 RS 182 1 and for other purposes, to remain available until September 2 30, 2007, unless otherwise specified herein, as follows: 3 4 5 CHILD SURVIVAL AND HEALTH PROGRAMS FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions of 6 the Foreign Assistance Act of 1961 and the Support for 7 East European Democracy (SEED) Act of 1989, for child 8 survival, health, and family planning/reproductive health 9 activities, $1,355,937,000, to remain available until Sep10 tember 30, 2008: Provided, That this amount shall be made 11 available for such activities as: (1) immunization pro12 grams; (2) oral rehydration programs; (3) health, nutrition, 13 water and sanitation programs which directly address the 14 needs of mothers and children, and related education pro15 grams; (4) assistance for children displaced or orphaned by 16 causes other than AIDS; (5) programs for the prevention, 17 treatment, control of, and research on tuberculosis, polio, 18 malaria, and other infectious diseases; and (6) family plan19 ning/reproductive health: Provided further, That none of the 20 funds appropriated under this heading may be made avail21 able for nonproject assistance, except that funds may be 22 made available for such assistance for ongoing health activi23 ties: Provided further, That of the funds appropriated by 24 this paragraph, not to exceed $350,000, in addition to funds 25 otherwise available for such purposes, may be used to mon26 itor and provide oversight of child survival, maternal and HR 5522 RS 183 1 family planning/reproductive health, and infectious disease 2 programs: Provided further, That of the funds appropriated 3 by this paragraph, the following amounts should be allo4 cated as follows: $468,385,000 for child survival and mater5 nal health; $30,000,000 for vulnerable children; 6 $367,284,000 for infectious diseases other than HIV/AIDS; 7 and $465,268,000 for family planning/reproductive health, 8 including in areas where population growth threatens bio9 diversity or endangered species: Provided further, That of 10 the funds appropriated by this paragraph, $70,000,000 11 should be made available for a United States contribution 12 to the GAVI Fund: Provided further, That of the funds ap13 propriated under this heading, up to $6,000,000 may be 14 transferred to and merged with funds appropriated by this 15 Act under the heading ``Operating Expenses of the United 16 States Agency for International Development'' for costs di17 rectly related to international health, but funds made avail18 able for such costs may not be derived from amounts made 19 available for contributions under this heading: Provided 20 further, That of the funds appropriated by this paragraph, 21 not less than $223,200,000 should be made available for 22 programs and activities to combat malaria and should be 23 made available in accordance with country strategic plans 24 incorporating best public health practices including signifi25 cant support for purchase of commodities and equipment: HR 5522 RS 184 1 Provided further, That of the funds appropriated by this 2 paragraph, not less than $25,000,000 shall be made avail3 able, subject to the regular notification procedures of the 4 Committees on Appropriations, to support an integrated re5 sponse to the control of neglected diseases including intes6 tinal parasites, schistosomiasis, lymphatic filariasis, 7 onchocerciasis, trachoma and leprosy: Provided further, 8 That none of the funds made available in this Act nor any 9 unobligated balances from prior appropriations may be 10 made available to any organization or program which, as 11 determined by the President of the United States, supports 12 or participates in the management of a program of coercive 13 abortion or involuntary sterilization: Provided further, 14 That none of the funds made available under this Act may 15 be used to pay for the performance of abortion as a method 16 of family planning or to motivate or coerce any person to 17 practice abortions: Provided further, That nothing in this 18 paragraph shall be construed to alter any existing statutory 19 prohibitions against abortion under section 104 of the For20 eign Assistance Act of 1961: Provided further, That none 21 of the funds made available under this Act may be used 22 to lobby for or against abortion: Provided further, That in23 formation provided about the use of condoms as part of 24 projects or activities that are funded from amounts appro25 priated by this Act shall be medically accurate and shall HR 5522 RS 185 1 include the public health benefits and failure rates of such 2 use. 3 In addition, for necessary expenses to carry out the 4 provisions of the Foreign Assistance Act of 1961 for the pre5 vention, treatment, and control of, and research on, HIV/ 6 AIDS, and for assistance to communities severely affected 7 by HIV/AIDS, including children displaced or orphaned by 8 AIDS, $3,437,870,000, to remain available until expended, 9 of which $600,000,000 shall be made available, notwith10 standing any other provision of law, except for the United 11 States Leadership Against HIV/AIDS, Tuberculosis and 12 Malaria Act of 2003 (Public Law 108­25), for a United 13 States contribution to the Global Fund to Fight AIDS, Tu14 berculosis and Malaria, and shall be expended at the min15 imum rate necessary to make timely payment for projects 16 and activities: Provided, That of the funds appropriated by 17 this paragraph, up to $13,000,000 may be made available, 18 in addition to amounts otherwise available for such pur19 poses, for administrative expenses of the Office of the Global 20 AIDS Coordinator: Provided further, That up to 5 percent 21 of the aggregate amount of funds made available to the 22 Global Fund in fiscal year 2007 may be made available 23 to the United States Agency for International Development 24 for technical assistance related to the activities of the Global 25 Fund: Provided further, That of the funds appropriated by HR 5522 RS 186 1 this paragraph, not less than $31,000,000 should be made 2 available for a United States contribution to UNAIDS: Pro3 vided further, That of the funds appropriated by this para4 graph, not less than $31,000,000 should be made available 5 for the International AIDS Vaccine Initiative: Provided 6 further, That of the funds appropriated by this paragraph, 7 not less than $45,000,000 shall be made available to support 8 the development of microbicides as a means for combating 9 HIV/AIDS. 10 11 12 13 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT DEVELOPMENT ASSISTANCE For necessary expenses to carry out the provisions of 14 sections 103, 105, 106, and sections 251 through 255, and 15 chapter 10 of part I of the Foreign Assistance Act of 1961 16 and the Support for East European Democracy (SEED) 17 Act of 1989, $1,400,018,000, to remain available until Sep18 tember 30, 2008: Provided, That of the funds appropriated 19 under this heading, not less than $1,000,000 shall be made 20 available for support of the United States Telecommuni21 cations Training Institute: Provided further, That not less 22 than $2,300,000 shall be made available for core support 23 for the International Fertilizer Development Center: Pro24 vided further, That of the funds appropriated under this 25 heading, not less than $20,000,000 shall be made available 26 for the American Schools and Hospitals Abroad program: HR 5522 RS 187 1 Provided further, That of the funds appropriated under this 2 heading, not less than $15,000,000 shall be made available 3 for programs and activities of the Patrick Leahy War Vic4 tims Fund: Provided further, That of the funds appro5 priated under this heading, not less than $10,000,000 shall 6 be made available for cooperative development programs 7 within the Office of Private and Voluntary Cooperation: 8 Provided further, That of the funds appropriated under this 9 heading that are made available for assistance programs 10 for displaced and orphaned children and victims of war, 11 not to exceed $42,500, in addition to funds otherwise avail12 able for such purposes, may be used to monitor and provide 13 oversight of such programs: Provided further, That of the 14 funds appropriated under this heading, up to $7,000,000 15 should be made available for the Parks in Peril program: 16 Provided further, That of the funds appropriated by this 17 Act, not less than $200,000,000 shall be made available for 18 safe drinking water and sanitation supply projects to im19 plement the Senator Paul Simon Water for the Poor Act 20 of 2005 (Public Law 109­121). 21 22 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE For necessary expenses to carry out the provisions of 23 section 491 of the Foreign Assistance Act of 1961 for inter24 national disaster relief, rehabilitation, and reconstruction 25 assistance, $350,675,000, to remain available until ex- HR 5522 RS 188 1 pended, of which $20,000,000 should be for famine preven2 tion and relief. 3 4 TRANSITION INITIATIVES For necessary expenses for international disaster reha- 5 bilitation and reconstruction assistance pursuant to section 6 491 of the Foreign Assistance Act of 1961, $35,000,000, to 7 remain available until expended, to support transition to 8 democracy and to long-term development of countries in cri9 sis: Provided, That such support may include assistance to 10 develop, strengthen, or preserve democratic institutions and 11 processes, revitalize basic infrastructure, and foster the 12 peaceful resolution of conflict: Provided further, That the 13 United States Agency for International Development shall 14 submit a report to the Committees on Appropriations at 15 least 5 days prior to beginning a new program of assist16 ance: Provided further, That if the President determines 17 that is important to the national interests of the United 18 States to provide transition assistance in excess of the 19 amount appropriated under this heading, up to 20 $15,000,000 of the funds appropriated by this Act to carry 21 out the provisions of part I of the Foreign Assistance Act 22 of 1961 may be used for purposes of this heading and under 23 the authorities applicable to funds appropriated under this 24 heading: Provided further, That funds made available pur25 suant to the previous proviso shall be made available subject HR 5522 RS 189 1 to prior consultation with the Committees on Appropria2 tions. 3 4 5 DEVELOPMENT CREDIT AUTHORITY (INCLUDING TRANSFER OF FUNDS) For the cost of direct loans and loan guarantees pro- 6 vided by the United States Agency for International Devel7 opment, as authorized by sections 256 and 635 of the For8 eign Assistance Act of 1961, up to $25,000,000 may be de9 rived by transfer from funds appropriated by this Act to 10 carry out part I of such Act and under the heading ``Assist11 ance for Eastern Europe and the Baltic States'': Provided, 12 That such funds shall be made available only for micro and 13 small enterprise programs, urban programs, and other pro14 grams which further the purposes of part I of the Act: Pro15 vided further, That such costs, including the cost of modi16 fying such direct and guaranteed loans, shall be as defined 17 in section 502 of the Congressional Budget Act of 1974, as 18 amended: Provided further, That funds made available by 19 this paragraph may be used for the cost of modifying any 20 such guaranteed loans under this Act or prior Acts, and 21 funds used for such costs shall be subject to the regular noti22 fication procedures of the Committees on Appropriations: 23 Provided further, That the provisions of section 107A(d) 24 (relating to general provisions applicable to the Develop25 ment Credit Authority) of the Foreign Assistance Act of 26 1961, as contained in section 306 of H.R. 1486 as reported HR 5522 RS 190 1 by the House Committee on International Relations on May 2 9, 1997, shall be applicable to direct loans and loan guaran3 tees provided under this heading: Provided further, That 4 these funds are available to subsidize total loan principal, 5 any portion of which is to be guaranteed, of up to 6 $700,000,000. 7 In addition, for administrative expenses to carry out 8 credit programs administered by the United States Agency 9 for International Development, $8,400,000, which may be 10 transferred to and merged with the appropriation for Oper11 ating Expenses of the United States Agency for Inter12 national Development: Provided, That funds made avail13 able under this heading shall remain available until Sep14 tember 30, 2009. 15 16 17 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND For payment to the ``Foreign Service Retirement and 18 Disability Fund'', as authorized by the Foreign Service Act 19 of 1980, $38,700,000. 20 21 22 OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT For necessary expenses to carry out the provisions of 23 section 667 of the Foreign Assistance Act of 1961, 24 $630,000,000, of which up to $25,000,000 may remain 25 available until September 30, 2008: Provided, That none 26 of the funds appropriated under this heading and under HR 5522 RS 191 1 the heading ``Capital Investment Fund'' may be made 2 available to finance the construction (including architect 3 and engineering services), purchase, or long-term lease of 4 offices for use by the United States Agency for International 5 Development, unless the Administrator has identified such 6 proposed construction (including architect and engineering 7 services), purchase, or long-term lease of offices in a report 8 submitted to the Committees on Appropriations at least 15 9 days prior to the obligation of these funds for such purposes: 10 Provided further, That the previous proviso shall not apply 11 where the total cost of construction (including architect and 12 engineering services), purchase, or long-term lease of offices 13 does not exceed $1,000,000: Provided further, That contracts 14 or agreements entered into with funds appropriated under 15 this heading may entail commitments for the expenditure 16 of such funds through fiscal year 2008: Provided further, 17 That none of the funds in this Act may be used to open 18 a new overseas mission of the United States Agency for 19 International Development without the prior written notifi20 cation of the Committees on Appropriations: Provided fur21 ther, That the authority of sections 610 and 109 of the For22 eign Assistance Act of 1961 may be exercised by the Sec23 retary of State to transfer funds appropriated to carry out 24 chapter 1 of part I of such Act to ``Operating Expenses of HR 5522 RS 192 1 the United States Agency for International Development'' 2 in accordance with the provisions of those sections. 3 4 CAPITAL INVESTMENT FUND For necessary expenses for overseas construction and 5 related costs, and for the procurement and enhancement of 6 information technology and related capital investments, 7 pursuant to section 667 of the Foreign Assistance Act of 8 1961, $95,000,000, to remain available until expended: Pro9 vided, That this amount is in addition to funds otherwise 10 available for such purposes: Provided further, That funds 11 appropriated under this heading shall be available for obli12 gation only pursuant to the regular notification procedures 13 of the Committees on Appropriations: Provided further, 14 That of the funds appropriated under this heading, not to 15 exceed $89,000,000 may be made available for the purposes 16 of implementing the Capital Security Cost Sharing Pro17 gram. 18 19 20 21 OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL For necessary expenses to carry out the provisions of 22 section 667 of the Foreign Assistance Act of 1961, 23 $38,000,000, to remain available until September 30, 2008, 24 which sum shall be available for the Office of the Inspector 25 General of the United States Agency for International De26 velopment. HR 5522 RS 193 1 2 3 4 OTHER BILATERAL ECONOMIC ASSISTANCE ECONOMIC SUPPORT FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions of 5 chapter 4 of part II, $2,227,113,000, to remain available 6 until September 30, 2008: Provided, That of the funds ap7 propriated under this heading, not less than $120,000,000 8 shall be available only for Israel, which sum shall be avail9 able on a grant basis as a cash transfer and shall be dis10 bursed within 30 days of the enactment of this Act or by 11 October 31, 2006 whichever is later: Provided further, That 12 in exercising the authority to provide cash transfer assist13 ance for Israel, the President shall ensure that the level of 14 such assistance does not cause an adverse impact on the 15 total level of nonmilitary exports from the United States 16 to such country and that Israel enters into a side letter 17 agreement in an amount proportional to the fiscal year 18 1999 agreement: Provided further, That not less than 19 $6,000,000 of the funds appropriated under this heading 20 that are made available for assistance for Lebanon shall 21 be made available for scholarships and direct support of 22 American educational institutions in Lebanon: Provided 23 further, That funds appropriated under this heading should 24 be made available for Cyprus only for scholarships, admin25 istrative support of the scholarship program, bicommunal 26 projects, measures aimed at reunification of the island, and HR 5522 RS 194 1 activities to reduce tensions and promote peace and co2 operation between the two communities on Cyprus: Pro3 vided further, That of the funds appropriated under this 4 heading for assistance for Iraq, not less than $50,000,000 5 shall be made available to the United States Agency for 6 International Development for continued support of its 7 Community Action Program in Iraq, of which not less than 8 $5,000,000 shall be transferred to and merged with funds 9 appropriated under the heading ``Iraq Relief and Recon10 struction Fund'' in chapter 2 of title II of Public Law 108­ 11 106 and shall be made available for the Marla Ruzicka 12 Iraqi War Victims Fund: Provided further, That of the 13 funds appropriated under this heading that are made avail14 able for assistance for the Democratic Republic of Timor15 Leste, up to $1,000,000 may be available for administrative 16 expenses of the United States Agency for International De17 velopment: Provided further, That of the funds appro18 priated under this heading, $3,000,000 shall be made avail19 able for the Foundation for Environmental Security and 20 Sustainability: Provided further, That notwithstanding 21 any other provision of law, funds appropriated under this 22 heading should be made available for assistance for Vietnam 23 for programs in the Central Highlands and for environ24 mental remediation and related health activities: Provided 25 further, That of the funds appropriated under this heading, HR 5522 RS 195 1 not less than $2,500,000 shall be made available for the Of2 fice of the United Nations High Commissioner for Human 3 Rights in Nepal: Provided further, That of the funds appro4 priated under this heading, not less than $2,000,000 should 5 be made available for East Asia and Pacific Environment 6 Initiatives: Provided further, That of the funds appro7 priated under this heading, not less than $2,500,000 should 8 be made available for technical assistance for countries to 9 implement and enforce the Kimberley Process Certification 10 Scheme: Provided further, That of the funds appropriated 11 under this heading, not less than $1,500,000 should be made 12 available for a United States contribution to the Extractive 13 Industries Transparency Initiative Trust Fund: Provided 14 further, That of the funds appropriated under this heading, 15 not less than $12,000,000 should be made available for a 16 United States contribution to the Special Court for Sierra 17 Leone: Provided further, That of the funds appropriated 18 under this heading, $15,000,000 shall be made available to 19 continue to support the provision of wheelchairs for needy 20 persons in developing countries. 21 22 23 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES (a) For necessary expenses to carry out the provisions 24 of the Foreign Assistance Act of 1961 and the Support for 25 East European Democracy (SEED) Act of 1989, 26 $211,138,000, to remain available until September 30, HR 5522 RS 196 1 2008, which shall be available, notwithstanding any other 2 provision of law, for assistance and for related programs 3 for Eastern Europe and the Baltic States: Provided, That 4 of the funds appropriated under this heading for assistance 5 for Bosnia and Herzegovina, not less than $4,000,000 shall 6 be made available to the State Court of Bosnia and 7 Herzegovina for prosecution of cases stemming from the war 8 in the former Yugoslavia: Provided further, That funds ap9 propriated by this Act to carry out the provisions of the 10 Support for East European Democracy (SEED) Act of 11 1989 may be made available pursuant to the authority con12 tained in this subsection. 13 (b) Funds appropriated under this heading shall be 14 considered to be economic assistance under the Foreign As15 sistance Act of 1961 for purposes of making available the 16 administrative authorities contained in that Act for the use 17 of economic assistance. 18 (c) The provisions of section 529 of this Act shall apply 19 to funds appropriated under this heading: Provided, That 20 notwithstanding any provision of this or any other Act, in21 cluding provisions in this subsection regarding the applica22 tion of section 529 of this Act, local currencies generated 23 by, or converted from, funds appropriated by this Act and 24 by previous appropriations Acts and made available for the 25 economic revitalization program in Bosnia may be used in HR 5522 RS 197 1 Eastern Europe and the Baltic States to carry out the pro2 visions of the Foreign Assistance Act of 1961 and the Sup3 port for East European Democracy (SEED) Act of 1989. 4 5 6 ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION For necessary expenses to carry out the provisions of 7 chapters 11 and 12 of part I of the Foreign Assistance Act 8 of 1961 and the FREEDOM Support Act, for assistance 9 for the Independent States of the former Soviet Union and 10 for related programs, $293,077,000, to remain available 11 until September 30, 2008: Provided, That the provisions of 12 such chapters shall apply to funds made available by this 13 Act for assistance for the Independent States of the former 14 Soviet Union: Provided further, That funds made available 15 for the Southern Caucasus region may be used, notwith16 standing any other provision of law, for confidence-building 17 measures and other activities in furtherance of the peaceful 18 resolution of the regional conflicts, especially those in the 19 vicinity of Abkhazia and Nagorno-Karabagh: Provided fur20 ther, That of the funds appropriated under this heading, 21 not less than $2,000,000 shall be made available for pro22 grams and activities for children with disabilities in Rus23 sia: Provided further, That notwithstanding any other pro24 vision of law, funds appropriated under this heading in this 25 Act or prior Acts making appropriations for foreign oper26 ations, export financing, and related programs, that are HR 5522 RS 198 1 made available pursuant to the provisions of section 807 2 of Public Law 102­511 shall be subject to a 6 percent ceil3 ing on administrative expenses: Provided further, That of 4 the funds appropriated under this heading, not less than 5 $5,000,000 shall be made available for humanitarian, con6 flict mitigation, relief and recovery assistance for Chechnya, 7 Ingushetia, and elsewhere in the North Caucasus: Provided 8 further, That of the funds appropriated under this heading 9 that are made available for assistance for Ukraine, not less 10 than $5,000,000 shall be made available for coal mine safety 11 programs. 12 13 14 INDEPENDENT AGENCIES INTER-AMERICAN FOUNDATION For necessary expenses to carry out the functions of 15 the Inter-American Foundation in accordance with the pro16 visions of section 401 of the Foreign Assistance Act of 1969, 17 $19,268,000, to remain available until September 30, 2008. 18 19 AFRICAN DEVELOPMENT FOUNDATION For necessary expenses to carry out title V of the Inter- 20 national Security and Development Cooperation Act of 21 1980, Public Law 96­533, $26,000,000, to remain available 22 until September 30, 2008: Provided, That funds made 23 available to grantees may be invested pending expenditure 24 for project purposes when authorized by the Board of Direc25 tors of the Foundation: Provided further, That interest 26 earned shall be used only for the purposes for which the HR 5522 RS 199 1 grant was made: Provided further, That notwithstanding 2 section 505(a)(2) of the African Development Foundation 3 Act, (1) in exceptional circumstances the Board of Directors 4 of the Foundation may waive the $250,000 limitation con5 tained in that section with respect to a project; and (2) 6 a project may exceed the limitation by up to $10,000 if 7 the increase is due solely to foreign currency fluctuation: 8 Provided further, That the Foundation shall provide a re9 port to the Committees on Appropriations after each time 10 such waiver authority is exercised. 11 12 13 PEACE CORPS (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions of 14 the Peace Corps Act (75 Stat. 612), including the purchase 15 of not to exceed five passenger motor vehicles for adminis16 trative purposes for use outside of the United States, 17 $318,780,000, to remain available until September 30, 18 2008: Provided, That none of the funds appropriated under 19 this heading shall be used to pay for abortions: Provided 20 further, That the Director may transfer to the Foreign Cur21 rency Fluctuations Account, as authorized by 22 U.S.C. 22 2515, an amount not to exceed $2,000,000: Provided fur23 ther, That funds transferred pursuant to the previous pro24 viso may not be derived from amounts made available for 25 Peace Corps overseas operations. HR 5522 RS 200 1 2 MILLENNIUM CHALLENGE CORPORATION For necessary expenses for the ``Millennium Challenge 3 Corporation'', $1,877,000,000, to remain available until ex4 pended: Provided, That of the funds appropriated under 5 this heading, up to $95,000,000 may be available for ad6 ministrative expenses of the Millennium Challenge Corpora7 tion: Provided further, That up to 10 percent of the funds 8 appropriated under this heading may be made available to 9 carry out the purposes of section 616 of the Millennium 10 Challenge Act of 2003 for candidate countries for fiscal year 11 2007: Provided further, That none of the funds available 12 to carry out section 616 of such Act may be made available 13 until the Chief Executive Officer of the Millennium Chal14 lenge Corporation provides a report to the Committees on 15 Appropriations listing the candidate countries that will be 16 receiving assistance under section 616 of such Act, the level 17 of assistance proposed for each such country, a description 18 of the proposed programs, projects and activities, and the 19 implementing agency or agencies of the United States Gov20 ernment: Provided further, That section 605(e)(4) of the 21 Millennium Challenge Act of 2003 shall apply to funds ap22 propriated under this heading: Provided further, That 23 funds appropriated under this heading may be made avail24 able for a Millennium Challenge Compact entered into pur25 suant to section 609 of the Millennium Challenge Act of HR 5522 RS 201 1 2003 only if such Compact obligates, or contains a commit2 ment to obligate subject to the availability of funds and the 3 mutual agreement of the parties to the Compact to proceed, 4 the entire amount of the United States Government funding 5 anticipated for the duration of the Compact. 6 7 8 DEPARTMENT OF STATE DEMOCRACY FUND (a) For necessary expenses to carry out the provisions 9 of the Foreign Assistance Act of 1961 and the Support for 10 East European Democracy (SEED) Act of 1989 for the pro11 motion of democracy globally, $1,064,440,000, to remain 12 available until September 30, 2009. 13 (b) Programs and activities for the promotion of de- 14 mocracy funded with funds appropriated under this head15 ing shall include the following: 16 17 18 19 20 21 22 23 24 (1) $85,000,000 shall be made available for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights and Labor, Department of State; (2) not less than $106,250,000 shall be made available for the National Endowment for Democracy, of which not less than $250,000 should be made available for human rights and democracy programs relating to Tibet; HR 5522 RS 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (3) assistance should be made available, to the extent matched from sources other than the United States Government, for Taiwan for the purposes of furthering political and legal reforms; (4) assistance shall be made available for programs and activities for the promotion of democracy in countries located outside the Middle East region with a significant Muslim population, and where such programs and activities would be important to United States efforts to respond to, deter, or prevent acts of international terrorism: Provided, That funds used for such purpose should support new initiatives and activities in those countries: Provided further, That $5,000,000 shall be made available for continuing programs and activities that provide professional training for journalists: Provided further, That of the funds appropriated under this heading that are made available for assistance for Indonesia, not less than $5,000,000 shall be made available for programs and activities that utilize Indonesian leaders to reduce the appeal of religious extremism in Islamic communities in Indonesia and in other Islamic countries, including in the Middle East; (5) not less than $108,000,000 shall be made available to the Bureau of Democracy, Human HR 5522 RS 203 1 2 3 4 5 6 7 8 9 10 Rights, and Labor of the Department of State for programs and activities for Iraq; (6) not less than $1,500,000 shall be made available for programs and activities that support the advancement of democracy in Syria; and (7) not less than $8,000,000 shall be made available for the promotion of democracy in Burma, including support for Burmese student groups and other organizations located outside Burma. (c) Funds made available pursuant to the authority 11 of subsections (b)(3), (b)(4) and (b)(5) shall be subject to 12 the regular notification procedures of the Committees on 13 Appropriations. 14 (d) Funds appropriated by this Act that are made 15 available for the promotion of democracy may be made 16 available notwithstanding any other provision of this or 17 any other Act and, with regard to the National Endowment 18 for Democracy, any regulation. Funds appropriated under 19 this heading are in addition to funds otherwise available 20 for such purposes. 21 (e) The President shall emphasize the use of grants and 22 cooperative agreements in the implementation of programs 23 for the promotion of democracy with funds appropriated 24 by this Act: Provided, That any contract, grant, or coopera25 tive agreement (or any amendment to any contract, grant, HR 5522 RS 204 1 or cooperative agreement) for such programs in excess of 2 $10,000,000 shall be subject to the regular notification pro3 cedures of the Committees on Appropriations. 4 (f) The Assistant Secretary of State for Democracy, 5 Human Rights and Labor shall be responsible for all policy, 6 funding, and programming decisions regarding funds ap7 propriated by this Act that are made available for the 8 Human Rights and Democracy Fund of the Bureau of De9 mocracy, Human Rights and Labor. 10 (g) Funds appropriated by this Act that are made 11 available to the Bureau of Near Eastern Affairs of the De12 partment of State for the promotion of democracy shall be 13 obligated and expended only after consultation with the Bu14 reau of Democracy, Human Rights, and Labor of the De15 partment of State. 16 (h) For purposes of funds appropriated under this Act, 17 the term ``promotion of democracy'' includes programs that 18 support good governance, human rights, independent 19 media, and the rule of law, and otherwise strengthen the 20 capacity of democratic political parties, governments, non21 governmental institutions, and citizens to support the devel22 opment of democratic states, institutions, and practices that 23 are responsive and accountable to citizens. HR 5522 RS 205 1 2 3 INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT For necessary expenses to carry out section 481 of the 4 Foreign Assistance Act of 1961, $712,490,000, to remain 5 available until September 30, 2009: Provided, That during 6 fiscal year 2007, the Department of State may also use the 7 authority of section 608 of the Foreign Assistance Act of 8 1961, without regard to its restrictions, to receive excess 9 property from an agency of the United States Government 10 for the purpose of providing it to a foreign country or inter11 national organization under chapter 8 of part I of that Act 12 subject to the regular notification procedures of the Commit13 tees on Appropriations: Provided further, That the Sec14 retary of State shall provide to the Committees on Appro15 priations not later than 45 days after the date of the enact16 ment of this Act and prior to the initial obligation of funds 17 appropriated under this heading, a report on the proposed 18 uses of all funds under this heading on a country-by-coun19 try basis for each proposed program, project, or activity: 20 Provided further, That of the funds appropriated under this 21 heading, not less than $2,500,000 shall be made available 22 for training programs and activities of the International 23 Law Enforcement Academies: Provided further, That of the 24 funds appropriated under this heading, not more than 25 $33,484,000 may be available for administrative expenses. HR 5522 RS 206 1 2 ANDEAN COUNTERDRUG INITIATIVE For necessary expenses to carry out section 481 of the 3 Foreign Assistance Act of 1961 to support counterdrug ac4 tivities in the Andean region of South America, 5 $699,400,000, to remain available until September 30, 6 2009: Provided, That in fiscal year 2007, funds available 7 to the Department of State for assistance to the Government 8 of Colombia shall be available to support a unified cam9 paign against narcotics trafficking, against activities by or10 ganizations designated as terrorist organizations such as 11 the Revolutionary Armed Forces of Colombia (FARC), the 12 National Liberation Army (ELN), and the United Self-De13 fense Forces of Colombia (AUC), and to take actions to pro14 tect human health and welfare in emergency circumstances, 15 including undertaking rescue operations: Provided further, 16 That this authority shall cease to be effective if the Secretary 17 of State has credible evidence that the Colombian Armed 18 Forces are not conducting vigorous operations to restore 19 government authority and respect for human rights in areas 20 under the effective control of paramilitary and guerrilla or21 ganizations: Provided further, That the President shall en22 sure that if any helicopter procured with funds under this 23 heading is used to aid or abet the operations of any illegal 24 self-defense group or illegal security cooperative, such heli25 copter shall be immediately returned to the United States: HR 5522 RS 207 1 Provided further, That the Secretary of State, in consulta2 tion with the Administrator of the United States Agency 3 for International Development, shall provide to the Com4 mittees on Appropriations not later than 45 days after the 5 date of the enactment of this Act and prior to the initial 6 obligation of funds appropriated under this heading, a re7 port on the proposed uses of all funds under this heading 8 on a country-by-country basis for each proposed program, 9 project, or activity: Provided further, That funds made 10 available in this Act for demobilization/reintegration of 11 members of foreign terrorist organizations in Colombia 12 shall be subject to prior consultation with, and the regular 13 notification procedures of, the Committees on Appropria14 tions: Provided further, That section 482(b) of the Foreign 15 Assistance Act of 1961 shall not apply to funds appro16 priated under this heading: Provided further, That assist17 ance provided with funds appropriated under this heading 18 that is made available notwithstanding section 482(b) of 19 the Foreign Assistance Act of 1961 shall be made available 20 subject to the regular notification procedures of the Commit21 tees on Appropriations: Provided further, That of the funds 22 appropriated under this heading that are available for al23 ternative development/institution building, not less than 24 $197,000,000 shall be apportioned directly to the United 25 States Agency for International Development including HR 5522 RS 208 1 $125,000,000 for assistance for Colombia: Provided further, 2 That of the funds appropriated under this heading that are 3 available for rule of law programs in Colombia, not less 4 than $4,000,000 shall be made available for assistance for 5 the Human Rights Unit of the Fiscalia: Provided further, 6 That with respect to funds apportioned to the United States 7 Agency for International Development under the previous 8 proviso, the responsibility for policy decisions for the use 9 of such funds, including what activities will be funded and 10 the amount of funds that will be provided for each of those 11 activities, shall be the responsibility of the Administrator 12 of the United States Agency for International Development 13 in consultation with the Assistant Secretary of State for 14 International Narcotics and Law Enforcement Affairs: Pro15 vided further, That of the funds appropriated under this 16 heading, in addition to funds made available for judicial 17 reform programs in Colombia, not less than $8,000,000 18 shall be made available to the United States Agency for 19 International Development for organizations and programs 20 to protect human rights: Provided further, That not more 21 than 20 percent of the funds appropriated by this Act that 22 are used for the procurement of chemicals for aerial coca 23 and poppy fumigation programs may be made available 24 for such programs unless the Secretary of State certifies to 25 the Committees on Appropriations that: (1) the herbicide HR 5522 RS 209 1 is being used in accordance with EPA label requirements 2 for comparable use in the United States and with Colom3 bian laws; and (2) the herbicide, in the manner it is being 4 used, does not pose unreasonable risks or adverse effects to 5 humans or the environment including endemic species: Pro6 vided further, That such funds may not be made available 7 unless the Secretary of State certifies to the Committees on 8 Appropriations that complaints of harm to health or licit 9 crops caused by such fumigation are evaluated and fair 10 compensation is being paid for meritorious claims: Pro11 vided further, That such funds may not be made available 12 for such purposes unless programs are being implemented 13 by the United States Agency for International Development, 14 the Government of Colombia, or other organizations, in con15 sultation with local communities, to provide alternative 16 sources of income in areas where security permits for small17 acreage growers whose illicit crops are targeted for fumiga18 tion: Provided further, That of the funds appropriated 19 under this heading, not less than $2,000,000 should be made 20 available for programs to protect biodiversity and indige21 nous reserves in Colombia: Provided further, That funds ap22 propriated by this Act may be used for aerial fumigation 23 in Colombia's national parks or reserves only if the Sec24 retary of State determines that it is in accordance with Co25 lombian laws and that there are no effective alternatives HR 5522 RS 210 1 to reduce drug cultivation in these areas: Provided further, 2 That no United States Armed Forces personnel or United 3 States civilian contractor employed by the United States 4 will participate in any combat operation in connection 5 with assistance made available by this Act for Colombia: 6 Provided further, That of the funds appropriated under this 7 heading, not more than $19,015,000 may be available for 8 administrative expenses of the Department of State, and not 9 more than $7,800,000 may be available, in addition to 10 amounts otherwise available for such purposes, for adminis11 trative expenses of the United States Agency for Inter12 national Development. 13 14 MIGRATION AND REFUGEE ASSISTANCE For expenses, not otherwise provided for, necessary to 15 enable the Secretary of State to provide, as authorized by 16 law, a contribution to the International Committee of the 17 Red Cross, assistance to refugees, including contributions 18 to the International Organization for Migration and the 19 United Nations High Commissioner for Refugees, and other 20 activities to meet refugee and migration needs; salaries and 21 expenses of personnel and dependents as authorized by the 22 Foreign Service Act of 1980; allowances as authorized by 23 sections 5921 through 5925 of title 5, United States Code; 24 purchase and hire of passenger motor vehicles; and services 25 as authorized by section 3109 of title 5, United States Code, 26 $832,900,000, to remain available until expended: ProHR 5522 RS 211 1 vided, That not more than $23,000,000 may be available 2 for administrative expenses: Provided further, That not less 3 than $40,000,000 of the funds made available under this 4 heading shall be made available for refugees from the former 5 Soviet Union and Eastern Europe and other refugees reset6 tling in Israel: Provided further, That funds made available 7 under this heading shall be made available for assistance 8 for refugees from North Korea. 9 10 11 UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND For necessary expenses to carry out the provisions of 12 section 2(c) of the Migration and Refugee Assistance Act 13 of 1962, as amended (22 U.S.C. 2601(c)), $55,000,000, to 14 remain available until expended: Provided, That funds 15 made available under this heading are appropriated not16 withstanding the provisions contained in section 2(c)(2) of 17 such Act which would limit the amount of funds which 18 could be appropriated for this purpose. 19 20 21 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS For necessary expenses for nonproliferation, anti-ter- 22 rorism, demining and related programs and activities, 23 $449,430,000, to carry out the provisions of chapter 8 of 24 part II of the Foreign Assistance Act of 1961 for anti-ter25 rorism assistance, chapter 9 of part II of the Foreign Assist26 ance Act of 1961, section 504 of the FREEDOM Support HR 5522 RS 212 1 Act, section 23 of the Arms Export Control Act or the For2 eign Assistance Act of 1961 for demining activities, the 3 clearance of unexploded ordnance, the destruction of small 4 arms, and related activities, notwithstanding any other 5 provision of law, including activities implemented through 6 nongovernmental and international organizations, and sec7 tion 301 of the Foreign Assistance Act of 1961 for a vol8 untary contribution to the International Atomic Energy 9 Agency (IAEA), and for a United States contribution to 10 the Comprehensive Nuclear Test Ban Treaty Preparatory 11 Commission: Provided, That of this amount not to exceed 12 $38,000,000, to remain available until expended, may be 13 made available for the Nonproliferation and Disarmament 14 Fund, notwithstanding any other provision of law, to pro15 mote bilateral and multilateral activities relating to non16 proliferation and disarmament: Provided further, That 17 such funds may also be used for such countries other than 18 the Independent States of the former Soviet Union and 19 international organizations when it is in the national secu20 rity interest of the United States to do so: Provided further, 21 That funds appropriated under this heading may be made 22 available for the International Atomic Energy Agency only 23 if the Secretary of State determines (and so reports to the 24 Congress) that Israel is not being denied its right to partici25 pate in the activities of that Agency: Provided further, That HR 5522 RS 213 1 of the funds appropriated or otherwise made available 2 under this heading, $13,000,000 shall be made available to 3 the International Trust Fund for Demining: Provided fur4 ther, That of the funds made available for demining and 5 related activities, not to exceed $700,000, in addition to 6 funds otherwise available for such purposes, may be used 7 for administrative expenses related to the operation and 8 management of the demining program: Provided further, 9 That funds appropriated under this heading that are avail10 able for ``Anti-terrorism Assistance'' and ``Export Control 11 and Border Security'' shall remain available until Sep12 tember 30, 2008. 13 14 15 DEPARTMENT OF THE TREASURY INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE For necessary expenses to carry out the provisions of 16 section 129 of the Foreign Assistance Act of 1961, 17 $23,700,000, to remain available until September 30, 2009, 18 which shall be available notwithstanding any other provi19 sion of law. 20 21 DEBT RESTRUCTURING For the cost, as defined in section 502 of the Congres- 22 sional Budget Act of 1974, of modifying loans and loan 23 guarantees, as the President may determine, for which 24 funds have been appropriated or otherwise made available 25 for programs within the International Affairs Budget Func26 tion 150, including the cost of selling, reducing, or canceling HR 5522 RS 214 1 amounts owed to the United States as a result of 2 concessional loans made to eligible countries, pursuant to 3 parts IV and V of the Foreign Assistance Act of 1961, of 4 modifying concessional credit agreements with least devel5 oped countries, as authorized under section 411 of the Agri6 cultural Trade Development and Assistance Act of 1954, as 7 amended, of concessional loans, guarantees and credit 8 agreements, as authorized under section 572 of the Foreign 9 Operations, Export Financing, and Related Programs Ap10 propriations Act, 1989 (Public Law 100­461), and of can11 celing amounts owed, as a result of loans or guarantees 12 made pursuant to the Export-Import Bank Act of 1945, by 13 countries that are eligible for debt reduction pursuant to 14 title V of H.R. 3425 as enacted into law by section 15 1000(a)(5) of Public Law 106­113, $21,000,000, to remain 16 available until September 30, 2009: Provided, That not less 17 than $20,000,000 of the funds appropriated under this 18 heading should be made available to carry out the provi19 sions of part V of the Foreign Assistance Act of 1961: Pro20 vided further, That amounts paid to the HIPC Trust Fund 21 may be used only to fund debt reduction under the enhanced 22 HIPC initiative by-- 23 24 25 (1) the Inter-American Development Bank; (2) the African Development Fund; (3) the African Development Bank; and HR 5522 RS 215 1 2 (4) the Central American Bank for Economic Integration: 3 Provided further, That funds may not be paid to the HIPC 4 Trust Fund for the benefit of any country if the Secretary 5 of State has credible evidence that the government of such 6 country is engaged in a consistent pattern of gross viola7 tions of internationally recognized human rights or in mili8 tary or civil conflict that undermines its ability to develop 9 and implement measures to alleviate poverty and to devote 10 adequate human and financial resources to that end: Pro11 vided further, That on the basis of final appropriations, the 12 Secretary of the Treasury shall consult with the Committees 13 on Appropriations concerning which countries and inter14 national financial institutions are expected to benefit from 15 a United States contribution to the HIPC Trust Fund dur16 ing the fiscal year: Provided further, That the Secretary of 17 the Treasury shall inform the Committees on Appropria18 tions not less than 15 days in advance of the signature of 19 an agreement by the United States to make payments to 20 the HIPC Trust Fund of amounts for such countries and 21 institutions: Provided further, That the Secretary of the 22 Treasury may disburse funds designated for debt reduction 23 through the HIPC Trust Fund only for the benefit of coun24 tries that-- HR 5522 RS 216 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (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: 15 Provided further, That any limitation of subsection (e) of 16 section 411 of the Agricultural Trade Development and As17 sistance Act of 1954 shall not apply to funds appropriated 18 under this heading: Provided further, That none of the 19 funds made available under this heading in this or any 20 other appropriations Act shall be made available for Sudan 21 or Burma unless the Secretary of the Treasury determines 22 and notifies the Committees on Appropriations that a 23 democratically elected government has taken office. HR 5522 RS 217 1 2 3 4 5 TITLE IV MILITARY ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL MILITARY EDUCATION AND TRAINING For necessary expenses to carry out the provisions of 6 section 541 of the Foreign Assistance Act of 1961, 7 $88,900,000, of which up to $3,000,000 may remain avail8 able until expended: Provided, That the civilian personnel 9 for whom military education and training may be provided 10 under this heading may include civilians who are not mem11 bers of a government whose participation would contribute 12 to improved civil-military relations, civilian control of the 13 military, or respect for human rights: Provided further, 14 That funds appropriated under this heading that are made 15 available for assistance for Nepal may be made available 16 only for expanded international military education and 17 training and English language training: Provided further, 18 That funds made available for Haiti, the Democratic Re19 public of the Congo, Guatemala, and Nigeria may only be 20 provided through the regular notification procedures of the 21 Committees on Appropriations and any such notification 22 shall include a detailed description of the proposed activi23 ties: Provided further, That funds appropriated under this 24 heading for Guatemala, other than for expanded inter25 national military education and training, may be made HR 5522 RS 218 1 available only to support Guatemalan military efforts to 2 participate in international peacekeeping operations and 3 improve disaster response capabilities. 4 5 FOREIGN MILITARY FINANCING PROGRAM For expenses necessary for grants to enable the Presi- 6 dent to carry out the provisions of section 23 of the Arms 7 Export Control Act, $4,667,800,000: Provided, That of the 8 funds appropriated under this heading, not less than 9 $2,340,000,000 shall be available for grants only for Israel: 10 Provided further, That the funds appropriated by this para11 graph for Israel shall be disbursed within 30 days of the 12 enactment of this Act or by October 31, 2006, whichever 13 is later: Provided further, That to the extent that the Gov14 ernment of Israel requests that funds be used for such pur15 poses, grants made available for Israel by this paragraph 16 shall, as agreed by Israel and the United States, be avail17 able for advanced weapons systems, of which not less than 18 $610,000,000 shall be available for the procurement in 19 Israel of defense articles and defense services, including re20 search and development: Provided further, That of the funds 21 appropriated by this paragraph, $206,000,000 shall be 22 made available for assistance for Jordan: Provided further, 23 That funds appropriated or otherwise made available by 24 this paragraph shall be nonrepayable notwithstanding any 25 requirement in section 23 of the Arms Export Control Act: 26 Provided further, That funds made available under this HR 5522 RS 219 1 paragraph shall be obligated upon apportionment in ac2 cordance with paragraph (5)(C) of title 31, United States 3 Code, section 1501(a). 4 None of the funds made available under this heading 5 shall be available to finance the procurement of defense arti6 cles, defense services, or design and construction services 7 that are not sold by the United States Government under 8 the Arms Export Control Act unless the foreign country pro9 posing to make such procurements has first signed an agree10 ment with the United States Government specifying the 11 conditions under which such procurements may be financed 12 with such funds: Provided, That all country and funding 13 level increases in allocations shall be submitted through the 14 regular notification procedures of section 515 of this Act: 15 Provided further, That none of the funds appropriated 16 under this heading shall be available for assistance for the 17 Guatemalan Army, Sudan and Nepal: Provided further, 18 That none of the funds appropriated under this heading 19 may be made available for assistance for Haiti except pur20 suant to the regular notification procedures of the Commit21 tees on Appropriations: Provided further, That funds made 22 available under this heading may be used, notwithstanding 23 any other provision of law, for demining, the clearance of 24 unexploded ordnance, and related activities, and may in25 clude activities implemented through nongovernmental and HR 5522 RS 220 1 international organizations: Provided further, That only 2 those countries for which assistance was justified for the 3 ``Foreign Military Sales Financing Program'' in the fiscal 4 year 1989 congressional presentation for security assistance 5 programs may utilize funds made available under this 6 heading for procurement of defense articles, defense services 7 or design and construction services that are not sold by the 8 United States Government under the Arms Export Control 9 Act: Provided further, That funds appropriated under this 10 heading shall be expended at the minimum rate necessary 11 to make timely payment for defense articles and services: 12 Provided further, That not more than $43,500,000 of the 13 funds appropriated under this heading may be obligated 14 for necessary expenses, including the purchase of passenger 15 motor vehicles for replacement only for use outside of the 16 United States, for the general costs of administering mili17 tary assistance and sales: Provided further, That not more 18 than $359,000,000 of funds realized pursuant to section 19 21(e)(1)(A) of the Arms Export Control Act may be obli20 gated for expenses incurred by the Department of Defense 21 during fiscal year 2007 pursuant to section 43(b) of the 22 Arms Export Control Act, except that this limitation may 23 be exceeded only through the regular notification procedures 24 of the Committees on Appropriations. HR 5522 RS 221 1 2 PEACEKEEPING OPERATIONS For necessary expenses to carry out the provisions of 3 section 551 of the Foreign Assistance Act of 1961, 4 $97,925,000: Provided, That none of the funds appropriated 5 under this heading shall be obligated or expended except as 6 provided through the regular notification procedures of the 7 Committees on Appropriations. 8 9 10 11 12 13 TITLE V MULTILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL FINANCIAL INSTITUTIONS GLOBAL ENVIRONMENT FACILITY For the United States contribution for the Global En- 14 vironment Facility, $80,000,000 to the International Bank 15 for Reconstruction and Development as trustee for the Glob16 al Environment Facility (GEF), by the Secretary of the 17 Treasury, to remain available until expended. 18 19 20 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION For payment to the International Development Asso- 21 ciation by the Secretary of the Treasury, $950,000,000, to 22 remain available until expended. 23 24 25 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT FUND For payment to the Enterprise for the Americas Multi- 26 lateral Investment Fund by the Secretary of the Treasury, HR 5522 RS 222 1 for the United States contribution to the fund, $15,000,000, 2 to remain available until expended. 3 4 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND For the United States contribution by the Secretary 5 of the Treasury to the increase in resources of the Asian 6 Development Fund, as authorized by the Asian Develop7 ment Bank Act, as amended, $57,625,000, to remain avail8 able until expended. 9 10 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK For payment to the African Development Bank by the 11 Secretary of the Treasury, $5,018,416, for the United States 12 paid-in share of the increase in capital stock, to remain 13 available until expended. 14 15 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the African Develop- 16 ment Bank may subscribe without fiscal year limitation for 17 the callable capital portion of the United States share of 18 such capital stock in an amount not to exceed $78,622,000. 19 20 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND For the United States contribution by the Secretary 21 of the Treasury to the increase in resources of the African 22 Development Fund, $135,700,000, to remain available until 23 expended. HR 5522 RS 223 1 2 3 CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT For the United States contribution by the Secretary 4 of the Treasury to increase the resources of the International 5 Fund for Agricultural Development, $18,000,000, to remain 6 available until expended. 7 8 INTERNATIONAL ORGANIZATIONS AND PROGRAMS For necessary expenses to carry out the provisions of 9 section 301 of the Foreign Assistance Act of 1961, and of 10 section 2 of the United Nations Environment Program Par11 ticipation Act of 1973, $306,125,000: Provided, That none 12 of the funds appropriated under this heading may be made 13 available to the International Atomic Energy Agency 14 (IAEA). 15 16 17 18 GENERAL PROVISIONS--TITLES II THROUGH V COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS SEC. 501. (a) No funds appropriated by this Act may 19 be made as payment to any international financial institu20 tion while the United States Executive Director to such in21 stitution is compensated by the institution at a rate which, 22 together with whatever compensation such Director receives 23 from the United States, is in excess of the rate provided 24 for an individual occupying a position at level IV of the 25 Executive Schedule under section 5315 of title 5, United HR 5522 RS 224 1 States Code, or while any alternate United States Director 2 to such institution is compensated by the institution at a 3 rate in excess of the rate provided for an individual occu4 pying a position at level V of the Executive Schedule under 5 section 5316 of title 5, United States Code. 6 (b) For purposes of this section ``international finan- 7 cial institutions'' are: the International Bank for Recon8 struction and Development, the Inter-American Develop9 ment Bank, the Asian Development Bank, the Asian Devel10 opment Fund, the African Development Bank, the African 11 Development Fund, the International Monetary Fund, the 12 North American Development Bank, and the European 13 Bank for Reconstruction and Development. 14 15 16 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES SEC. 502. None of the funds appropriated by this Act 17 may be made available to pay any voluntary contribution 18 of the United States to the United Nations (including the 19 United Nations Development Program) if the United Na20 tions implements or imposes any taxation on any United 21 States persons. 22 23 LIMITATION ON RESIDENCE EXPENSES SEC. 503. Of the funds appropriated or made available 24 pursuant to this Act, not to exceed $100,500 shall be for 25 official residence expenses of the United States Agency for 26 International Development during the current fiscal year: HR 5522 RS 225 1 Provided, That appropriate steps shall be taken to assure 2 that, to the maximum extent possible, United States-owned 3 foreign currencies are utilized in lieu of dollars. 4 5 UNOBLIGATED BALANCES REPORT SEC. 504. Any department or agency to which funds 6 are appropriated or otherwise made available by this Act 7 shall provide to the Committees on Appropriations a quar8 terly accounting by program, project, and activity of the 9 funds received by such department or agency in this fiscal 10 year or any previous fiscal year that remain unobligated 11 and unexpended. 12 13 LIMITATION ON REPRESENTATIONAL ALLOWANCES SEC. 505. Of the funds appropriated or made available 14 pursuant to this Act, not to exceed $250,000 shall be avail15 able for representation and entertainment allowances, of 16 which not to exceed $2,500 shall be available for entertain17 ment allowances, for the United States Agency for Inter18 national Development during the current fiscal year: Pro19 vided, That no such entertainment funds may be used for 20 the purposes listed in section 546 of this Act: Provided fur21 ther, That appropriate steps shall be taken to assure that, 22 to the maximum extent possible, United States-owned for23 eign currencies are utilized in lieu of dollars: Provided fur24 ther, That of the funds made available by this Act for gen25 eral costs of administering military assistance and sales 26 under the heading ``Foreign Military Financing Program'', HR 5522 RS 226 1 not to exceed $4,000 shall be available for entertainment 2 expenses and not to exceed $130,000 shall be available for 3 representation allowances: Provided further, That of the 4 funds made available by this Act under the heading ``Inter5 national Military Education and Training'', not to exceed 6 $55,000 shall be available for entertainment allowances: 7 Provided further, That of the funds made available by this 8 Act for the Inter-American Foundation, not to exceed 9 $2,000 shall be available for entertainment and representa10 tion allowances: Provided further, That of the funds made 11 available by this Act for the Peace Corps, not to exceed a 12 total of $4,000 shall be available for entertainment expenses: 13 Provided further, That of the funds made available by this 14 Act under the heading ``Trade and Development Agency'', 15 not to exceed $4,000 shall be available for representation 16 and entertainment allowances: Provided further, That of the 17 funds made available by this Act under the heading ``Mil18 lennium Challenge Corporation'', not to exceed $115,000 19 shall be available for representation and entertainment al20 lowances. 21 22 23 PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE SEC. 506. (a) PROHIBITION ON TAXATION.--None of 24 the funds appropriated by this Act may be made available 25 to provide assistance for a foreign country under a new bi26 lateral agreement governing the terms and conditions under HR 5522 RS 227 1 which such assistance is to be provided unless such agree2 ment includes a provision stating that assistance provided 3 by the United States shall be exempt from taxation, or reim4 bursed, by the foreign government, and the Secretary of 5 State shall expeditiously seek to negotiate amendments to 6 existing bilateral agreements, as necessary, to conform with 7 this requirement. 8 (b) REIMBURSEMENT OF FOREIGN TAXES.--An 9 amount equivalent to 200 percent of the total taxes assessed 10 during fiscal year 2007 on funds appropriated by this Act 11 by a foreign government or entity against commodities fi12 nanced under United States assistance programs for which 13 funds are appropriated by this Act, either directly or 14 through grantees, contractors and subcontractors shall be 15 withheld from obligation from funds appropriated for as16 sistance for fiscal year 2008 and allocated for the central 17 government of such country and for the West Bank and 18 Gaza Program to the extent that the Secretary of State cer19 tifies and reports in writing to the Committees on Appro20 priations that such taxes have not been reimbursed to the 21 Government of the United States. 22 (c) DE MINIMIS EXCEPTION.--Foreign taxes of a de 23 minimis nature shall not be subject to the provisions of sub24 section (b). HR 5522 RS 228 1 (d) REPROGRAMMING OF FUNDS.--Funds withheld 2 from obligation for each country or entity pursuant to sub3 section (b) shall be reprogrammed for assistance to countries 4 which do not assess taxes on United States assistance or 5 which have an effective arrangement that is providing sub6 stantial reimbursement of such taxes. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (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 24 issue rules, regulations, or policy guidance, as appropriate, HR 5522 RS 229 1 to implement the prohibition against the taxation of assist2 ance contained in this section. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (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 23 made available pursuant to this Act shall be obligated or 24 expended to finance directly any assistance or reparations 25 to Cuba, North Korea, Iran, or Syria: Provided, That for 26 purposes of this section, the prohibition on obligations or HR 5522 RS 230 1 expenditures shall include direct loans, credits, insurance 2 and guarantees of the Export-Import Bank or its agents. 3 4 MILITARY COUPS SEC. 508. None of the funds appropriated or otherwise 5 made available pursuant to this Act shall be obligated or 6 expended to finance directly any assistance to the govern7 ment of any country whose duly elected head of government 8 is deposed by decree or military coup: Provided, That as9 sistance may be resumed to such government if the Presi10 dent determines and certifies to the Committees on Appro11 priations that subsequent to the termination of assistance 12 a democratically elected government has taken office: Pro13 vided further, That the provisions of this section shall not 14 apply to assistance to promote democratic elections or pub15 lic participation in democratic processes: Provided further, 16 That funds made available pursuant to the previous pro17 visos shall be subject to the regular notification procedures 18 of the Committees on Appropriations. 19 20 21 TRANSFERS SEC. 509. (a)(1) LIMITATION TWEEN ON TRANSFERS BE- AGENCIES.--None of the funds made available by 22 this Act may be transferred to any department, agency, or 23 instrumentality of the United States Government, except 24 pursuant to a transfer made by, or transfer authority pro25 vided in, this Act or any other appropriation Act. HR 5522 RS 231 1 (2) Notwithstanding paragraph (1), in addition to 2 transfers made by, or authorized elsewhere in, this Act, 3 funds appropriated by this Act to carry out the purposes 4 of the Foreign Assistance Act of 1961 may be allocated or 5 transferred to agencies of the United States Government 6 pursuant to the provisions of sections 109, 610, and 632 7 of the Foreign Assistance Act of 1961. 8 (b) TRANSFERS BETWEEN ACCOUNTS.--None of the 9 funds made available by this Act may be obligated under 10 an appropriation account to which they were not appro11 priated, except for transfers specifically provided for in this 12 Act, unless the President, not less than 5 days prior to the 13 exercise of any authority contained in the Foreign Assist14 ance Act of 1961 to transfer funds, consults with and pro15 vides a written policy justification to the Committees on 16 Appropriations. 17 (c) AUDIT OF INTER-AGENCY TRANSFERS.--Any 18 agreement for the transfer or allocation of funds appro19 priated by this Act, or prior Acts, entered into between the 20 United States Agency for International Development and 21 another agency of the United States Government under the 22 authority of section 632(a) of the Foreign Assistance Act 23 of 1961 or any comparable provision of law, shall expressly 24 provide that the Office of the Inspector General for the agen25 cy receiving the transfer or allocation of such funds shall HR 5522 RS 232 1 perform periodic program and financial audits of the use 2 of such funds: Provided, That funds transferred under such 3 authority may be made available for the cost of such audits. 4 5 COMMERCIAL LEASING OF DEFENSE ARTICLES SEC. 510. Notwithstanding any other provision of law, 6 and subject to the regular notification procedures of the 7 Committees on Appropriations, the authority of section 8 23(a) of the Arms Export Control Act may be used to pro9 vide financing to Israel, Egypt and NATO and major non10 NATO allies for the procurement by leasing (including leas11 ing with an option to purchase) of defense articles from 12 United States commercial suppliers, not including Major 13 Defense Equipment (other than helicopters and other types 14 of aircraft having possible civilian application), if the 15 President determines that there are compelling foreign pol16 icy or national security reasons for those defense articles 17 being provided by commercial lease rather than by govern18 ment-to-government sale under such Act. 19 20 AVAILABILITY OF FUNDS SEC. 511. No part of any appropriation contained in 21 this Act shall remain available for obligation after the expi22 ration of the current fiscal year unless expressly so provided 23 in this Act: Provided, That funds appropriated for the pur24 poses of chapters 1, 8, 11, and 12 of part I, section 667, 25 chapters 4, 6, 8, and 9 of part II of the Foreign Assistance 26 Act of 1961, section 23 of the Arms Export Control Act, HR 5522 RS 233 1 and funds provided under the heading ``Assistance for East2 ern Europe and the Baltic States'', shall remain available 3 for an additional 4 years from the date on which the avail4 ability of such funds would otherwise have expired, if such 5 funds are initially obligated before the expiration of their 6 respective periods of availability contained in this Act: Pro7 vided further, That notwithstanding any other provision of 8 this Act, any funds made available for the purposes of chap9 ter 1 of part I and chapter 4 of part II of the Foreign As10 sistance Act of 1961 which are allocated or obligated for 11 cash disbursements in order to address balance of payments 12 or economic policy reform objectives, shall remain available 13 until expended. 14 15 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT SEC. 512. No part of any appropriation contained in 16 this Act shall be used to furnish assistance to the govern17 ment of any country which is in default during a period 18 in excess of 1 calendar year in payment to the United 19 States of principal or interest on any loan made to the gov20 ernment of such country by the United States pursuant to 21 a program for which funds are appropriated under this Act 22 unless the President determines, following consultations 23 with the Committees on Appropriations, that assistance to 24 such country is in the national interest of the United States. HR 5522 RS 234 1 2 COMMERCE AND TRADE SEC. 513. (a) None of the funds appropriated or made 3 available pursuant to this Act for direct assistance and 4 none of the funds otherwise made available pursuant to this 5 Act to the Export-Import Bank and the Overseas Private 6 Investment Corporation shall be obligated or expended to 7 finance any loan, any assistance or any other financial 8 commitments for establishing or expanding production of 9 any commodity for export by any country other than the 10 United States, if the commodity is likely to be in surplus 11 on world markets at the time the resulting productive ca12 pacity is expected to become operative and if the assistance 13 will cause substantial injury to United States producers of 14 the same, similar, or competing commodity: Provided, That 15 such prohibition shall not apply to the Export-Import Bank 16 if in the judgment of its Board of Directors the benefits to 17 industry and employment in the United States are likely 18 to outweigh the injury to United States producers of the 19 same, similar, or competing commodity, and the Chairman 20 of the Board so notifies the Committees on Appropriations. 21 (b) None of the funds appropriated by this or any other 22 Act to carry out chapter 1 of part I of the Foreign Assist23 ance Act of 1961 shall be available for any testing or breed24 ing feasibility study, variety improvement or introduction, 25 consultancy, publication, conference, or training in connec- HR 5522 RS 235 1 tion with the growth or production in a foreign country 2 of an agricultural commodity for export which would com3 pete with a similar commodity grown or produced in the 4 United States: Provided, That this subsection shall not pro5 hibit-- 6 7 8 9 10 11 12 13 (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 14 the United States Executive Directors of the International 15 Bank for Reconstruction and Development, the Inter16 national Development Association, the International Fi17 nance Corporation, the Inter-American Development Bank, 18 the International Monetary Fund, the Asian Development 19 Bank, the Inter-American Investment Corporation, the 20 North American Development Bank, the European Bank for 21 Reconstruction and Development, the African Development 22 Bank, and the African Development Fund to use the voice 23 and vote of the United States to oppose any assistance by 24 these institutions, using funds appropriated or made avail25 able pursuant to this Act, for the production or extraction 26 of any commodity or mineral for export, if it is in surplus HR 5522 RS 236 1 on world markets and if the assistance will cause substan2 tial injury to United States producers of the same, similar, 3 or competing commodity. 4 5 NOTIFICATION REQUIREMENTS SEC. 515. For the purposes of providing the executive 6 branch with the necessary administrative flexibility, none 7 of the funds made available under this Act for ``Child Sur8 vival and Health Programs Fund'', ``Development Assist9 ance'', ``International Organizations and Programs'', 10 ``Trade and Development Agency'', ``International Nar11 cotics Control and Law Enforcement'', ``Andean 12 Counterdrug Initiative'', ``Assistance for Eastern Europe 13 and the Baltic States'', ``Assistance for the Independent 14 States of the Former Soviet Union'', ``Economic Support 15 Fund'', ``Democracy Fund'', ``Peacekeeping Operations'', 16 ``Capital Investment Fund'', ``Operating Expenses of the 17 United States Agency for International Development'', 18 ``Operating Expenses of the United States Agency for Inter19 national Development Office of Inspector General'', ``Non20 proliferation, Anti-terrorism, Demining and Related Pro21 grams'', ``Millennium Challenge Corporation'' (by country 22 only), ``Foreign Military Financing Program'', ``Inter23 national Military Education and Training'', ``Peace 24 Corps'', and ``Migration and Refugee Assistance'', shall be 25 available for obligation for activities, programs, projects, 26 type of materiel assistance, countries, or other operations HR 5522 RS 237 1 not justified or in excess of the amount justified to the Com2 mittees on Appropriations for obligation under any of these 3 specific headings unless the Committees on Appropriations 4 are notified 15 days in advance: Provided, That the Presi5 dent shall not enter into any commitment of funds appro6 priated for the purposes of section 23 of the Arms Export 7 Control Act for the provision of major defense equipment, 8 other than conventional ammunition, or other major defense 9 items defined to be aircraft, ships, missiles, or combat vehi10 cles, not previously justified to Congress or 20 percent in 11 excess of the quantities justified to Congress unless the Com12 mittees on Appropriations are notified 15 days in advance 13 of such commitment: Provided further, That this section 14 shall not apply to any reprogramming for an activity, pro15 gram, or project for which funds are appropriated under 16 title III of this Act of less than 10 percent of the amount 17 previously justified to the Congress for obligation for such 18 activity, program, or project for the current fiscal year: 19 Provided further, That the requirements of this section or 20 any similar provision of this Act or any other Act, includ21 ing any prior Act requiring notification in accordance with 22 the regular notification procedures of the Committees on 23 Appropriations, may be waived if failure to do so would 24 pose a substantial risk to human health or welfare: Provided 25 further, That in case of any such waiver, notification to HR 5522 RS 238 1 the Congress, or the appropriate congressional committees, 2 shall be provided as early as practicable, but in no event 3 later than 3 days after taking the action to which such noti4 fication requirement was applicable, in the context of the 5 circumstances necessitating such waiver: Provided further, 6 That any notification provided pursuant to such a waiver 7 shall contain an explanation of the emergency cir8 cumstances. 9 10 11 LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND PROGRAMS SEC. 516. Subject to the regular notification proce- 12 dures of the Committees on Appropriations, funds appro13 priated under this Act or any previously enacted Act mak14 ing appropriations for foreign operations, export financing, 15 and related programs, which are returned or not made 16 available for organizations and programs because of the im17 plementation of section 307(a) of the Foreign Assistance Act 18 of 1961, shall remain available for obligation until Sep19 tember 30, 2008: Provided, That section 307(a) of the For20 eign Assistance Act of 1961 is amended by striking 21 ``Libya,''. 22 23 24 INDEPENDENT STATES OF THE FORMER SOVIET UNION SEC. 517. (a) VIOLATION RITY.--None OF TERRITORIAL INTEG- of the funds appropriated by this Act may be 25 made available for assistance for a government of an Inde26 pendent State of the former Soviet Union if that governHR 5522 RS 239 1 ment directs any action in violation of the territorial integ2 rity or national sovereignty of any other Independent State 3 of the former Soviet Union, such as those violations in4 cluded in the Helsinki Final Act: Provided, That such funds 5 may be made available without regard to the restriction in 6 this subsection if the President determines that to do so is 7 in the national security interest of the United States. 8 (b) MILITARY USE PROHIBITED.--None of the funds 9 appropriated by this Act and made available for assistance 10 for the Independent States of the former Soviet Union shall 11 be made available for any state to enhance its military ca12 pability: Provided, That this restriction does not apply to 13 demilitarization, demining or nonproliferation programs. 14 (c) NOTIFICATION.--Funds appropriated by this Act 15 and made available for assistance for the Russian Federa16 tion, Armenia, Georgia, and Ukraine shall be subject to the 17 regular notification procedures of the Committees on Appro18 priations. 19 (d) ENVIRONMENT.--Funds made available in this Act 20 for assistance for the Independent States of the former So21 viet Union shall be subject to the provisions of section 117 22 (relating to environment and natural resources) of the For23 eign Assistance Act of 1961. 24 (e)(1) NUCLEAR TECHNOLOGY AND CHECHNYA.--Of 25 the funds appropriated by this Act that are allocated for HR 5522 RS 240 1 assistance for the Government of the Russian Federation, 2 60 percent shall be withheld from obligation until the Presi3 dent determines and certifies in writing to the Committees 4 on Appropriations that the Government of the Russian Fed5 eration-- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (A) has terminated implementation of arrangements to Iran and Burma 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 nongovernment organizations providing humanitarian relief to refugees and internally displaced persons in Chechnya. (2) EXCEPTIONS.--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) AZERBAIJAN.--Section 907 of the FREEDOM Sup- 24 port Act shall not apply to-- HR 5522 RS 241 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (1) activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1424 of Public Law 104­201 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 ExportImport Bank Act of 1945; or (6) humanitarian assistance. (g) DISCRIMINATION AGAINST RELIGIOUS FAITHS.-- 20 None of the funds appropriated for assistance under this 21 Act may be made available for the Government of the Rus22 sian Federation, after 180 days from the date of the enact23 ment of this Act, unless the President determines and cer24 tifies in writing to the Committees on Appropriations that 25 the Government of the Russian Federation has implemented HR 5522 RS 242 1 no statute, Executive order, regulation or similar govern2 ment action that would discriminate, or which has as its 3 principal effect discrimination, against religious groups or 4 religious communities in the Russian Federation in viola5 tion of accepted international agreements on human rights 6 and religious freedoms to which the Russian Federation is 7 a party. 8 (h) RUSSIAN FAR EAST.--Of the funds appropriated 9 under title III of this Act, not less than $17,500,000 shall 10 be made available for assistance for the Russian Far East. 11 12 VOLUNTARY FAMILY PLANNING PROGRAMS SEC. 518. (a) IN GENERAL.--In order to reduce reli- 13 ance on abortion in developing nations, funds shall be 14 available only to voluntary family planning projects which 15 offer, either directly or through referral to, or information 16 about access to, a broad range of family planning methods 17 and services. 18 (b) DEFINITION OF ``VOLUNTARY''.--Any such vol- 19 untary family planning project shall meet the following re20 quirements: 21 22 23 24 25 26 (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 quanHR 5522 RS 243 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 titative 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. (5) The project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific HR 5522 RS 244 1 2 3 study in which participants are advised of potential risks and benefits. (c) REPORT.--Not less than 60 days after the date on 4 which the Administrator of the United States Agency for 5 International Development determines that there has been 6 a violation of the requirements contained in paragraph (1), 7 (2), (3), or (5) of subsection (b), or a pattern or practice 8 of violations of the requirements contained in paragraph 9 (4) of that subsection, the Administrator shall submit to the 10 Committees on Appropriations a report containing a de11 scription of such violation and the corrective action taken 12 by the Agency. 13 (d) NATURAL FAMILY PLANNING.--In awarding 14 grants for natural family planning under section 104 of 15 the Foreign Assistance Act of 1961-- 16 17 18 19 20 21 22 23 (1) no applicant shall be discriminated against because of such applicant's religious or conscientious commitment to offer only natural family planning; and (2) in addition, all such applicants shall comply with the requirements of subsections (a) and (b) of this section. (e) DEFINITION OF ``MOTIVATE''.--For purposes of this 24 or any other Act authorizing or appropriating funds for 25 foreign operations, export financing, and related programs, HR 5522 RS 245 1 the term ``motivate'', as it relates to family planning assist2 ance, shall not be construed to prohibit the provision, con3 sistent with local law, of information or counseling about 4 all pregnancy options. 5 (f) APPLICABILITY.--The provisions of this section 6 shall be applicable to funds appropriated by this Act and 7 any subsequent Act appropriating funds for foreign oper8 ations, export financing, and related programs. 9 10 EXPORT FINANCING TRANSFER AUTHORITIES SEC. 519. Not to exceed 5 percent of any appropriation 11 other than for administrative expenses made available for 12 fiscal year 2007, for programs under title II of this Act 13 may be transferred between such appropriations for use for 14 any of the purposes, programs, and activities for which the 15 funds in such receiving account may be used, but no such 16 appropriation, except as otherwise specifically provided, 17 shall be increased by more than 25 percent by any such 18 transfer: Provided, That the exercise of such authority shall 19 be subject to the regular notification procedures of the Com20 mittees on Appropriations. 21 22 SPECIAL NOTIFICATION REQUIREMENTS SEC. 520. None of the funds appropriated by this Act 23 shall be obligated or expended for assistance for Liberia, 24 Serbia, Sudan, Zimbabwe, Pakistan, or Cambodia except 25 as provided through the regular notification procedures of 26 the Committees on Appropriations. HR 5522 RS 246 1 2 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY SEC. 521. For the purpose of this Act ``program, 3 project, and activity'' shall be defined at the appropriations 4 Act account level and shall include all appropriations and 5 authorizations Acts earmarks, ceilings, and limitations 6 with the exception that for the following accounts: Economic 7 Support Fund and Foreign Military Financing Program 8 ``program, project, and activity'' shall also be considered 9 to include country, regional, and central program level 10 funding within each such account; for the development as11 sistance accounts of the United States Agency for Inter12 national Development ``program, project, and activity'' 13 shall also be considered to include central, country, re14 gional, and program level funding, either as: (1) justified 15 to the Congress; or (2) allocated by the executive branch in 16 accordance with a report, to be provided to the Committees 17 on Appropriations within 30 days of the enactment of this 18 Act, as required by section 653(a) of the Foreign Assistance 19 Act of 1961. 20 21 CHILD SURVIVAL AND HEALTH ACTIVITIES SEC. 522. Up to $13,500,000 of the funds made avail- 22 able by this Act for assistance under the heading ``Child 23 Survival and Health Programs Fund'', may be used to re24 imburse United States Government agencies, agencies of 25 State governments, institutions of higher learning, and pri26 vate and voluntary organizations for the full cost of indiHR 5522 RS 247 1 viduals (including for the personal services of such individ2 uals) detailed or assigned to, or contracted by, as the case 3 may be, the United States Agency for International Devel4 opment for the purpose of carrying out activities under that 5 heading: Provided, That up to $3,500,000 of the funds made 6 available by this Act for assistance under the heading ``De7 velopment Assistance'' may be used to reimburse such agen8 cies, institutions, and organizations for such costs of such 9 individuals carrying out other development assistance ac10 tivities: Provided further, That funds appropriated by titles 11 III and IV of this Act that are made available for assistance 12 for child survival activities or disease programs including 13 activities relating to research on, and the prevention, treat14 ment and control of, HIV/AIDS may be made available not15 withstanding any other provision of law except for the pro16 visions under the heading ``Child Survival and Health Pro17 grams Fund'' and the United States Leadership Against 18 HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 19 Stat. 711; 22 U.S.C. 7601 et seq.), as amended. 20 21 22 GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS AND MALARIA SEC. 523. (a) Notwithstanding any other provision of 23 this Act, 20 percent of the funds that are appropriated by 24 this Act for a contribution to support the Global Fund to 25 Fight AIDS, Tuberculosis and Malaria (the ``Global 26 Fund'') shall be withheld from obligation to the Global HR 5522 RS 248 1 Fund until the Secretary of State certifies to the Commit2 tees on Appropriations that the Global Fund-- 3 4 5 6 7 8 9 10 11 12 (1) has 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) 13 if the Secretary determines and reports to the Committees 14 on Appropriations that such waiver is important to the na15 tional interest of the United States. 16 17 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT SEC. 524. Prior to providing excess Department of De- 18 fense articles in accordance with section 516(a) of the For19 eign Assistance Act of 1961, the Department of Defense shall 20 notify the Committees on Appropriations to the same extent 21 and under the same conditions as are other committees pur22 suant to subsection (f) of that section: Provided, That before 23 issuing a letter of offer to sell excess defense articles under 24 the Arms Export Control Act, the Department of Defense 25 shall notify the Committees on Appropriations in accord26 ance with the regular notification procedures of such ComHR 5522 RS 249 1 mittees if such defense articles are significant military 2 equipment (as defined in section 47(9) of the Arms Export 3 Control Act) or are valued (in terms of original acquisition 4 cost) at $7,000,000 or more, or if notification is required 5 elsewhere in this Act for the use of appropriated funds for 6 specific countries that would receive such excess defense ar7 ticles: Provided further, That such Committees shall also be 8 informed of the original acquisition cost of such defense ar9 ticles. 10 11 AIRCRAFT PROCUREMENT SEC. 525. Notwithstanding any other provision of law, 12 none of the funds appropriated or otherwise made available 13 in titles I through V of this Act, except for those provided 14 under the headings ``Andean Counterdrug Initiative'', 15 ``Foreign Military Financing Program'' and ``Broadcasting 16 to Cuba'', may be obligated for the procurement of aircraft. 17 18 19 20 LIMITATION ON FUNDS RELATING TO ATTENDANCE OF FEDERAL EMPLOYEES AT CONFERENCES OCCURRING OUTSIDE THE UNITED STATES SEC. 526. None of the funds made available in this 21 Act may be used to send or otherwise pay for the attendance 22 of more than 50 employees of agencies or departments of 23 the United States Government who are stationed in the 24 United States, at any single international conference occur25 ring outside the United States, unless the Secretary of State 26 determines that such attendance is in the national interest: HR 5522 RS 250 1 Provided, That for purposes of this section the term ``inter2 national conference'' shall mean a conference attended by 3 representatives of the United States Government and rep4 resentatives of foreign governments, international organiza5 tions, or nongovernmental organizations. 6 7 8 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES SEC. 527. (a) Funds appropriated for bilateral assist- 9 ance under any heading of this Act and funds appropriated 10 under any such heading in a provision of law enacted prior 11 to the enactment of this Act, shall not be made available 12 to any country which the President determines-- 13 14 15 16 17 (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 sub- 18 section (a) to a country if the President determines that 19 national security or humanitarian reasons justify such 20 waiver. The President shall publish each waiver in the Fed21 eral Register and, at least 15 days before the waiver takes 22 effect, shall notify the Committees on Appropriations of the 23 waiver (including the justification for the waiver) in ac24 cordance with the regular notification procedures of the 25 Committees on Appropriations. HR 5522 RS 251 1 2 DEBT-FOR-DEVELOPMENT SEC. 528. In order to enhance the continued participa- 3 tion of nongovernmental organizations in debt-for-develop4 ment and debt-for-nature exchanges, a nongovernmental or5 ganization which is a grantee or contractor of the United 6 States Agency for International Development may place in 7 interest bearing accounts local currencies which accrue to 8 that organization as a result of economic assistance pro9 vided under title III of this Act and, subject to the regular 10 notification procedures of the Committees on Appropria11 tions, any interest earned on such investment shall be used 12 for the purpose for which the assistance was provided to 13 that organization. 14 15 16 17 18 19 20 21 22 23 24 25 26 SEPARATE ACCOUNTS SEC. 529. (a) SEPARATE ACCOUNTS RENCIES.-- FOR LOCAL CUR- (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; HR 5522 RS 252 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 HR 5522 RS 253 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (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 Adminis- trator 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 HR 5522 RS 254 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 LAW.--Such OF OTHER PROVISIONS OF 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. 98­1159). (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 HR 5522 RS 255 1 2 3 4 5 6 7 8 9 10 11 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 12 resulting from any liquidation, dissolution, or winding up 13 of an Enterprise Fund, in whole or in part, the President 14 shall submit to the Committees on Appropriations, in ac15 cordance with the regular notification procedures of the 16 Committees on Appropriations, a plan for the distribution 17 of the assets of the Enterprise Fund. 18 (b) Funds made available by this Act for Enterprise 19 Funds shall be expended at the minimum rate necessary 20 to make timely payment for projects and activities. 21 22 REPORT ON PEACKEEPING OPERATIONS SEC. 531. Not later than 90 days after enactment of 23 this Act, and for each fiscal quarter thereafter, the Secretary 24 of State shall submit a report to the Committees on Appro25 priations that details the use of all funds appropriated 26 under the heading ``Peacekeeping Operations''. The report HR 5522 RS 256 1 shall describe, at a minimum: all countries and regional 2 organizations receiving assistance under such heading; 3 major end items procured; services or training provided or 4 purchased; operation and maintenance services and con5 tracts, to include logistics and commodities purchased; the 6 procurement of ordnance or ammunition; a description of 7 any United States military organization providing train8 ing or assistance; and the status and description of each 9 foreign unit receiving training. 10 11 12 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION SEC. 532. Unless expressly provided to the contrary, 13 provisions of this or any other Act, including provisions 14 contained in prior Acts authorizing or making appropria15 tions for foreign operations, export financing, and related 16 programs, shall not be construed to prohibit activities au17 thorized by or conducted under the Peace Corps Act, the 18 Inter-American Foundation Act or the African Develop19 ment Foundation Act. The agency shall promptly report to 20 the Committees on Appropriations whenever it is con21 ducting activities or is proposing to conduct activities in 22 a country for which assistance is prohibited. 23 24 IMPACT ON JOBS IN THE UNITED STATES SEC. 533. None of the funds appropriated by this Act, 25 or any subsequent Act appropriating funds for foreign oper- HR 5522 RS 257 1 ations, export financing, and related programs, may be ob2 ligated or expended to provide-- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (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 CHIL- DREN, AND HR 5522 RS DISPLACED BURMESE.--Funds appropriated by 258 1 this Act that are made available for assistance for Afghani2 stan may be made available notwithstanding section 512 3 of this Act or any similar provision of law and section 660 4 of the Foreign Assistance Act of 1961, and funds appro5 priated in titles II and III of this Act that are made avail6 able for Iraq, Lebanon, Montenegro, Pakistan, and for vic7 tims of war, displaced children, and displaced Burmese, 8 and to assist victims of trafficking in persons and, subject 9 to the regular notification procedures of the Committees on 10 Appropriations, to combat such trafficking, may be made 11 available notwithstanding any other provision of law. 12 13 (b) TROPICAL FORESTRY SERVATION AND BIODIVERSITY CON- ACTIVITIES.--Funds appropriated by this Act 14 to carry out the provisions of sections 103 through 106, and 15 chapter 4 of part II, of the Foreign Assistance Act of 1961 16 may be used, notwithstanding any other provision of law, 17 for the purpose of supporting tropical forestry and biodiver18 sity conservation activities and energy programs aimed at 19 reducing greenhouse gas emissions: Provided, That such as20 sistance shall be subject to sections 116, 502B, and 620A 21 of the Foreign Assistance Act of 1961. 22 (c) PERSONAL SERVICES CONTRACTORS.--Funds ap- 23 propriated by this Act to carry out chapter 1 of part I, 24 chapter 4 of part II, and section 667 of the Foreign Assist25 ance Act of 1961, and title II of the Agricultural Trade HR 5522 RS 259 1 Development and Assistance Act of 1954, may be used by 2 the United States Agency for International Development to 3 employ up to 25 personal services contractors in the United 4 States, notwithstanding any other provision of law, for the 5 purpose of providing direct, interim support for new or ex6 panded overseas programs and activities managed by the 7 agency until permanent direct hire personnel are hired and 8 trained: Provided, That not more than 10 of such contrac9 tors shall be assigned to any bureau or office: Provided fur10 ther, That such funds appropriated to carry out title II of 11 the Agricultural Trade Development and Assistance Act of 12 1954, may be made available only for personal services con13 tractors assigned to the Office of Food for Peace. 14 (d) SMALL BUSINESS.--In entering into multiple 15 award indefinite-quantity contracts with funds appro16 priated by this Act, the United States Agency for Inter17 national Development may provide an exception to the fair 18 opportunity process for placing task orders under such con19 tracts when the order is placed with any category of small 20 or small disadvantaged business. 21 (e) CONTINGENCIES.--During fiscal year 2007, the 22 President may use up to $100,000,000 under the authority 23 of section 451 of the Foreign Assistance Act of 1961, not24 withstanding the funding ceiling in section 451(a). HR 5522 RS 260 1 (f) RECONSTITUTING CIVILIAN POLICE AUTHORITY.-- 2 In providing assistance with funds appropriated by this 3 Act under section 660(b)(6) of the Foreign Assistance Act 4 of 1961, support for a nation emerging from instability 5 may be deemed to mean support for regional, district, mu6 nicipal, or other sub-national entity emerging from insta7 bility, as well as a nation emerging from instability. 8 (g) WORLD FOOD PROGRAM.--Of the funds managed 9 by the Bureau for Democracy, Conflict, and Humanitarian 10 Assistance of the United States Agency for International 11 Development, from this or any other Act, not less than 12 $10,000,000 shall be made available as a general contribu13 tion to the World Food Program, notwithstanding any other 14 provision of law. 15 (h) CHINA PROGRAMS.--Notwithstanding any other 16 provision of law, of the funds appropriated under the head17 ing ``Development Assistance'' in this Act, not less than 18 $10,000,000 shall be made available to American edu19 cational institutions and nongovernmental organizations 20 for programs and activities in the People's Republic of 21 China relating to the environment, democracy, and the rule 22 of law: Provided, That funds made available pursuant to 23 this authority shall be subject to the regular notification 24 procedures of the Committees on Appropriations. 25 (i) EXTENSION OF AUTHORITY.-- HR 5522 RS 261 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (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 107­57, as amended, for a determination and certification by, and consultation with, 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 107­57, as amended, the provisions of sections 2 and 4 of that Act shall remain in effect through the current fiscal year. (j) MIDDLE EAST FOUNDATION AND FUND.--Of the 18 funds appropriated by this Act under the heading ``Eco19 nomic Support Fund'' that are available for the Middle 20 East Partnership Initiative, up to $35,000,000 may be 21 made available, including as an endowment, notwith22 standing any other provision of law and following consulta23 tions with the Committees on Appropriations, to establish 24 and operate a Middle East Foundation, or any other simi25 lar entity, whose purposes include to support democracy, HR 5522 RS 262 1 governance, human rights, and the rule of law, as well as 2 private enterprise development in the Middle East region: 3 Provided, That provisions contained in section 201 of the 4 Support for East European Democracy (SEED) Act of 5 1989 (excluding the authorizations of appropriations pro6 vided in subsection (b) of that section) shall be deemed to 7 apply to any such foundation or similar entity referred to 8 under this subsection, and to funds made available to such 9 entity, in order to enable it to provide assistance for pur10 poses of this subsection: Provided further, That prior to the 11 initial obligation of funds for any such foundation or simi12 lar entity pursuant to the authorities of this subsection, 13 other than for administrative support, the Secretary of 14 State shall take steps to ensure, on an ongoing basis, that 15 any such funds made available pursuant to such authorities 16 are not provided to or through any individual or group that 17 the management of the foundation or similar entity knows 18 or has reason to believe, advocates, plans, sponsors, or other19 wise engages in terrorist activities: Provided further, That 20 section 530 of this Act shall apply to any such foundation 21 or similar entity established pursuant to this subsection. 22 (k) RECONCILIATION PROGRAMS.--Of the funds appro- 23 priated under the heading ``Economic Support Fund'', not 24 less than $20,000,000 should be made available, notwith25 standing any other provision of law, to support reconcili- HR 5522 RS 263 1 ation programs and activities which bring together individ2 uals of different ethnic, religious, and political backgrounds 3 from areas of civil conflict and war. 4 (l) TRADE CAPACITY BUILDING.--For the purposes of 5 this Act, the term ``trade capacity building'' shall mean 6 projects and activities that-- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) facilitate trade by lowering the costs of engaging in, or eliminating obstacles to, international trade flows; (2) support for the enforcement of labor standards, worker rights and dispute resolution mechanisms; (3) develop strategies for workforce development and worker training, and the elimination of child labor; (4) provide increased opportunities for education; (5) develop trade-related infrastructure; (6) support trade-related aspects of agriculture and agribusiness sectors; (7) support commodity and capital market development; (8) provide increased access to capital, including through microfinance programs; HR 5522 RS 264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (9) design and implement laws and regulations related to investment and investor protection; and (10) assist World Trade Organization Accession process and enable countries to better participate in, and benefit from, World Trade Organization Agreements. (m) EXTENSION OF AUTHORITIES.-- (1) Section 501(i) of title V of H.R. 3425, as enacted into law by section 1000(a)(5) of Public Law 106­113, as amended, is further amended by striking ``fiscal'' and all else that follows through ``which'' and by inserting ``fiscal years 2000­2009, which''; and (2) Section 801(b)(1)(ii) of Public Law 106­429, as amended by section 591(a)(2) of division D of Public Law 108­447, is further amended by striking ``fiscal years 2004­2006'' and by inserting in lieu thereof ``fiscal years 2004­2009''. (n) EXTENSION OF AUTHORITY.--The Foreign Oper- 19 ations, Export Financing, and Related Programs Appro20 priations Act, 1990 (Public Law 101­167) is amended-- 21 22 23 24 25 (1) in subsection 599D (8 U.S.C. 1157 note)-- (A) in subsection (b)(3), by striking ``and 2006'' and inserting ``2006, and 2007''; and (B) in subsection (e), by striking ``2006'' each place it appears and inserting ``2007''; and HR 5522 RS 265 1 2 3 4 (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking ``2006'' and inserting ``2007''. (o) MILLENNIUM CHALLENGE CORPORATION.--Section 5 607(b) of division D of the Agriculture, Rural Development, 6 Food and Drug Administration, and Related Agencies Ap7 propriations Act, 2004, is amended-- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) in subparagraph (2)(B) strike ``and the sustainable management of natural resources'' and (2) in subparagraph (3)(A) strike ``and''; and (3) in subparagraph (3)(B) strike the period and insert ``and; ``(C) promote the sustainable management of natural resources.''. 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; HR 5522 RS 266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (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 22 or any other Act with respect to assistance for a country 23 shall not be construed to restrict assistance in support of 24 programs of nongovernmental organizations from funds ap25 propriated by this Act to carry out the provisions of chap26 ters 1, 10, 11, and 12 of part I and chapter 4 of part II HR 5522 RS 267 1 of the Foreign Assistance Act of 1961, and from funds ap2 propriated under the heading ``Assistance for Eastern Eu3 rope and the Baltic States'': Provided, That before using 4 the authority of this subsection to furnish assistance in sup5 port of programs of nongovernmental organizations, the 6 President shall notify the Committees on Appropriations 7 under the regular notification procedures of those commit8 tees, including a description of the program to be assisted, 9 the assistance to be provided, and the reasons for furnishing 10 such assistance: Provided further, That nothing in this sub11 section shall be construed to alter any existing statutory 12 prohibitions against abortion or involuntary sterilizations 13 contained in this or any other Act. 14 (b) PUBLIC LAW 480.--During fiscal year 2007, re- 15 strictions contained in this or any other Act with respect 16 to assistance for a country shall not be construed to restrict 17 assistance under the Agricultural Trade Development and 18 Assistance Act of 1954: Provided, That none of the funds 19 appropriated to carry out title I of such Act and made 20 available pursuant to this subsection may be obligated or 21 expended except as provided through the regular notifica22 tion procedures of the Committees on Appropriations. 23 24 25 (c) EXCEPTION.--This section shall not apply-- (1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision HR 5522 RS 268 1 2 3 4 5 6 7 8 9 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 10 are earmarked may be reprogrammed for other programs 11 within the same account notwithstanding the earmark if 12 compliance with the earmark is made impossible by oper13 ation of any provision of this or any other Act: Provided, 14 That any such reprogramming shall be subject to the reg15 ular notification procedures of the Committees on Appro16 priations: Provided further, That assistance that is repro17 grammed pursuant to this subsection shall be made avail18 able under the same terms and conditions as originally pro19 vided. 20 (b) In addition to the authority contained in sub- 21 section (a), the original period of availability of funds ap22 propriated by this Act and administered by the United 23 States Agency for International Development that are ear24 marked for particular programs or activities by this or any 25 other Act shall be extended for an additional fiscal year 26 if the Administrator of such agency determines and reports HR 5522 RS 269 1 promptly to the Committees on Appropriations that the ter2 mination of assistance to a country or a significant change 3 in circumstances makes it unlikely that such earmarked 4 funds can be obligated during the original period of avail5 ability: Provided, That such earmarked funds that are con6 tinued available for an additional fiscal year shall be obli7 gated only for the purpose of such earmark. 8 (c) Ceilings and earmarks contained in this Act shall 9 not be applicable to funds or authorities appropriated or 10 otherwise made available by any subsequent Act unless such 11 Act specifically so directs. Earmarks or minimum funding 12 requirements contained in any other Act shall not be appli13 cable to funds appropriated by this Act. 14 15 UNOBLIGATED BALANCES SEC. 538. The total amount appropriated or otherwise 16 made available in titles I and III of this Act is hereby re17 duced by $348,750,000 to reduce unobligated balances: Pro18 vided, That the Director of the Office of Management and 19 Budget shall allocate this reduction proportionately to each 20 program, project, and activity within each applicable ap21 propriation account: Provided further, That within 30 days 22 after the date of the enactment of this section the Director 23 of the Office of Management and Budget shall submit to 24 the Committees on Appropriations a report specifying the 25 account and amount of each reduction made pursuant to 26 this section. HR 5522 RS 270 1 2 PROHIBITION ON PUBLICITY OR PROPAGANDA SEC. 539. No part of any appropriation contained in 3 this Act shall be used for publicity or propaganda purposes 4 within the United States not authorized before the date of 5 the enactment of this Act by the Congress. 6 7 PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS SEC. 540. None of the funds appropriated or made 8 available pursuant to this Act for carrying out the Foreign 9 Assistance Act of 1961, may be used to pay in whole or 10 in part any assessments, arrearages, or dues of any member 11 of the United Nations or, from funds appropriated by this 12 Act to carry out chapter 1 of part I of the Foreign Assist13 ance Act of 1961, the costs for participation of another 14 country's delegation at international conferences held under 15 the auspices of multilateral or international organizations. 16 17 NONGOVERNMENTAL ORGANIZATIONS--DOCUMENTATION SEC. 541. None of the funds appropriated or made 18 available pursuant to this Act shall be available to a non19 governmental organization which fails to provide upon 20 timely request any document, file, or record necessary to 21 the auditing requirements of the United States Agency for 22 International Development: Provided, That notwith- 23 standing any other provision of law or regulation, the Ad24 ministrator of the United States Agency for International 25 Development shall provide to the Committees on Appropria26 tions, on a timely basis, such information on the obligation HR 5522 RS 271 1 and expenditure of funds appropriated by this Act and 2 prior Acts, pursuant to grants, cooperative agreements, and 3 contracts entered into or financed by the agency, as may 4 be requested by the Committee on Appropriations to satisfy 5 oversight responsibilities of those Committees. 6 7 8 9 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 other- 10 wise made available by this Act may be available for assist11 ance for any foreign government which provides lethal mili12 tary equipment to a country the government of which the 13 Secretary of State has determined is a terrorist government 14 for purposes of section 6(j) of the Export Administration 15 Act. The prohibition under this section with respect to a 16 foreign government shall terminate 12 months after that 17 government ceases to provide such military equipment. This 18 section applies with respect to lethal military equipment 19 provided under a contract entered into after October 1, 20 1997. 21 (b) Assistance restricted by subsection (a) or any other 22 similar provision of law, may be furnished if the President 23 determines that furnishing such assistance is important to 24 the national interests of the United States. 25 (c) Whenever the waiver authority of subsection (b) is 26 exercised, the President shall submit to the appropriate conHR 5522 RS 272 1 gressional committees a report with respect to the fur2 nishing of such assistance. Any such report shall include 3 a detailed explanation of the assistance to be provided, in4 cluding the estimated dollar amount of such assistance, and 5 an explanation of how the assistance furthers United States 6 national interests. 7 8 9 WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN COUNTRIES SEC. 543. (a) Subject to subsection (c), of the funds 10 appropriated by this Act that are made available for assist11 ance for a foreign country, an amount equal to 110 percent 12 of the total amount of the unpaid fully adjudicated parking 13 fines and penalties and unpaid property taxes owed by the 14 central government of such country shall be withheld from 15 obligation for assistance for the central government of such 16 country until the Secretary of State submits a certification 17 to the appropriate congressional committees stating that 18 such parking fines and penalties and unpaid property taxes 19 are fully paid. 20 (b) Funds withheld from obligation pursuant to sub- 21 section (a) may be made available for other programs or 22 activities funded by this Act, after consultation with and 23 subject to the regular notification procedures of the appro24 priate congressional committees, provided that no such 25 funds shall be made available for assistance for the central 26 government of a foreign country that has not paid the total HR 5522 RS 273 1 amount of the fully adjudicated parking fines and penalties 2 and unpaid property taxes owed by such country. 3 (c) Subsection (a) shall not include amounts that have 4 been withheld under any other provision of law. 5 (d)(1) The Secretary of State may waive the require- 6 ments set forth in subsection (a) with respect to parking 7 fines and penalties no sooner than 60 days from the date 8 of enactment of this Act, or at any time with respect to 9 a particular country, if the Secretary determines that it 10 is in the national interests of the United States to do so. 11 (2) The Secretary of State may waive the requirements 12 set forth in subsection (a) with respect to the unpaid prop13 erty taxes if the Secretary of State determines that it is 14 in the national interests of the United States to do so. 15 (e) Not later than 6 months after the initial exercise 16 of the waiver authority in subsection (d), the Secretary of 17 State, after consultations with the City of New York, shall 18 submit a report to the Committees on Appropriations de19 scribing a strategy, including a timetable and steps cur20 rently being taken, to collect the parking fines and penalties 21 and unpaid property taxes and interest owed by nations 22 receiving foreign assistance under this Act. 23 24 25 (f) In this section: (1) The term ``appropriate congressional committees'' means the Committee on Appropriations of HR 5522 RS 274 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, 2006. (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 HR 5522 RS 275 1 2 3 4 by a court of the United States or any State or subdivision thereof. WAR CRIMES TRIBUNALS DRAWDOWN SEC. 544. If the President determines that doing so 5 will contribute to a just resolution of charges regarding 6 genocide or other violations of international humanitarian 7 law, the President may direct a drawdown pursuant to sec8 tion 552(c) of the Foreign Assistance Act of 1961 of up to 9 $30,000,000 of commodities and services for the United Na10 tions War Crimes Tribunal established with regard to the 11 former Yugoslavia by the United Nations Security Council 12 or such other tribunals or commissions as the Council may 13 establish or authorize to deal with such violations, without 14 regard to the ceiling limitation contained in paragraph (2) 15 thereof: Provided, That the determination required under 16 this section shall be in lieu of any determinations otherwise 17 required under section 552(c): Provided further, That the 18 drawdown made under this section for any tribunal shall 19 not be construed as an endorsement or precedent for the es20 tablishment of any standing or permanent international 21 criminal tribunal or court: Provided further, That funds 22 made available for tribunals other than Yugoslavia, Rwan23 da, or the Special Court for Sierra Leone shall be made 24 available subject to the regular notification procedures of 25 the Committees on Appropriations. HR 5522 RS 276 1 2 LANDMINES SEC. 545. Notwithstanding any other provision of law, 3 demining equipment available to the United States Agency 4 for International Development and the Department of State 5 and used in support of the clearance of landmines and 6 unexploded ordnance for humanitarian purposes may be 7 disposed of on a grant basis in foreign countries, subject 8 to such terms and conditions as the President may pre9 scribe. 10 11 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES SEC. 546. None of the funds appropriated or otherwise 12 made available by this Act under the heading ``Inter13 national Military Education and Training'' or ``Foreign 14 Military Financing Program'' for Informational Program 15 activities or under the headings ``Child Survival and 16 Health Programs Fund'', ``Development Assistance'', and 17 ``Economic Support Fund'' may be obligated or expended 18 to pay for-- 19 20 21 22 23 24 25 26 (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. ASSISTANCE FOR EGYPT SEC. 547. (a) ECONOMIC SUPPORT FUND.-- HR 5522 RS 277 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) LEVEL OF ASSISTANCE.--Of the funds appro- priated by this Act under the heading ``Economic Support Fund'', up to $301,827,000 should be made available for assistance for Egypt. (2) PROJECT ASSISTANCE.--Of the funds appro- priated by this Act under the heading ``Development Assistance'', not less than $44,572,000 shall be made available for assistance for Egypt for education programs. (3) CASH TRANSFER ASSISTANCE.--Funds made available under paragraph (1) may be provided as cash transfer assistance only-- (A) for the purpose of supporting Egyptian implementation of significant economic and political reforms which are additional to those undertaken in previous fiscal years; and (B) if the Secretary of State determines, and so reports to the Committees on Appropriations, that the United States Government and the Government of Egypt have entered into a written agreement which establishes benchmarks which demonstrate implementation during fiscal year 2007 of significant and additional economic and political reforms, and that all of those benchmarks have been met. HR 5522 RS 278 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (4) NOTIFICATION.--Any determination and report pursuant to paragraph (3) shall be treated as a notification in accordance with the regular notification procedures of the Committees on Appropriations. (5) FAILURE TO MEET BENCHMARKS.-- (A) The Secretary of State may, at any time, reprogram funds designated for cash transfer assistance for Egypt subject to prior consultation with and the regular notification procedures of the Committees on Appropriations. (B) If, by September 30, 2007, the Secretary of State is unable to make the determination required in paragraph (3)(B), funds made available by this Act that are designated for cash transfer assistance for Egypt shall be reprogrammed for other purposes within the Economic Support Fund, subject to prior consultation with and the prior notification procedures of the Committees on Appropriations. (b) DEMOCRACY FUND.-- (1) Of the funds appropriated by this Act under the heading ``Democracy Fund'' not less than $86,455,000 shall be made available for assistance for Egypt for democracy, human rights, and governance programs. HR 5522 RS 279 1 2 3 4 5 6 (2) Organizations implementing democracy, human rights, and governance activities in Egypt, and the specific nature of those activities, with funds appropriated by this Act, shall not be subject to the prior approval by the Government of Egypt. (c)(1) FOREIGN MILITARY FINANCING PROGRAM.--Of 7 the funds appropriated by this Act under the heading ``For8 eign Military Financing Program'', not less than 9 $1,300,000,000 shall be made available for assistance for 10 Egypt. 11 (2) Foreign military financing program funds esti- 12 mated to be outlayed for Egypt during fiscal year 2007 13 shall be transferred to an interest bearing account for Egypt 14 in the Federal Reserve Bank of New York within 30 days 15 of enactment of this Act. 16 17 PALESTINIAN STATEHOOD SEC. 548. (a) LIMITATION ON ASSISTANCE.--None of 18 the funds appropriated by this Act may be provided to sup19 port a Palestinian state unless the Secretary of State deter20 mines and certifies to the appropriate congressional com21 mittees that-- 22 23 24 25 26 (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-- HR 5522 RS 280 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (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; HR 5522 RS 281 1 2 3 4 5 6 7 8 (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 9 that the newly-elected governing entity should enact a con10 stitution assuring the rule of law, an independent judici11 ary, and respect for human rights for its citizens, and 12 should enact other laws and regulations assuring trans13 parent and accountable governance. 14 (c) WAIVER.--The President may waive subsection (a) 15 if he determines that it is vital to the national security in16 terests of the United States to do so. 17 (d) EXEMPTION.--The restriction in subsection (a) 18 shall not apply to assistance intended to help reform the 19 Palestinian Authority and affiliated institutions, or a 20 newly-elected governing entity, in order to help meet the 21 requirements of subsection (a), consistent with the provi22 sions of section 550 of this Act. 23 24 25 RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY AND PLO SEC. 549. (a) None of the funds appropriated by this 26 Act may be obligated or expended to create in any part HR 5522 RS 282 1 of Jerusalem a new office of any department or agency of 2 the United States Government for the purpose of conducting 3 official United States Government business with the Pales4 tinian Authority over Gaza and Jericho or any successor 5 Palestinian governing entity provided for in the Israel-PLO 6 Declaration of Principles: Provided, That this restriction 7 shall not apply to the acquisition of additional space for 8 the existing Consulate General in Jerusalem: Provided fur9 ther, That meetings between officers and employees of the 10 United States and officials of the Palestinian Authority, or 11 any successor Palestinian governing entity provided for in 12 the Israel-PLO Declaration of Principles, for the purpose 13 of conducting official United States Government business 14 with such authority should continue to take place in loca15 tions other than Jerusalem. As has been true in the past, 16 officers and employees of the United States Government 17 may continue to meet in Jerusalem on other subjects with 18 Palestinians (including those who now occupy positions in 19 the Palestinian Authority), have social contacts, and have 20 incidental discussions. 21 (b)(1) President may waive the provisions of section 22 1003 of Public Law 100­204 if the President determines 23 and certifies in writing to the Speaker of the House of Rep24 resentatives and the President pro tempore of the Senate HR 5522 RS 283 1 that it is important to the national security interests of the 2 United States. 3 (2) Any waiver pursuant to paragraph (1) shall be 4 effective for no more than a period of 6 months at a time 5 and shall not apply beyond 12 months after the enactment 6 of this Act. 7 8 9 LIMITATION ON ASSISTANCE FOR THE PLO, THE PALESTINIAN AUTHORITY, AND THE WEST BANK AND GAZA SEC. 550. (a) LIMITATION ON ASSISTANCE TO THE 10 PLO.--None of the funds appropriated by this Act may be 11 obligated for assistance for the Palestine Liberation Organi12 zation for the West Bank and Gaza unless the President 13 has exercised the authority under section 604(a) of the Mid14 dle East Peace Facilitation Act of 1995 (title VI of Public 15 Law 104­107) or any other legislation to suspend or make 16 inapplicable section 307 of the Foreign Assistance Act of 17 1961 and that suspension is still in effect: Provided, That 18 if the President fails to make the certification under section 19 604(b)(2) of the Middle East Peace Facilitation Act of 1995 20 or to suspend the prohibition under other legislation, funds 21 appropriated by this Act may not be obligated for assistance 22 for the Palestine Liberation Organization for the West Bank 23 and Gaza. 24 25 26 (b) PROHIBITION ON ASSISTANCE.-- (1) PROHIBITION.--None of the funds appropriated by this Act may be obligated or expended for HR 5522 RS 284 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 assistance for the Palestinian Authority unless the Secretary of State determines, and so reports to the Committees on Appropriations, that the Palestinian Authority has complied with the standards contained in the Quartet's January 30, 2006 Statement on the Situation in the Middle East that ``a future Palestinian government must be committed to nonviolence, recognition of Israel, and acceptance of previous agreements and obligations, including the Roadmap''. (2) WAIVER AUTHORITY.-- (A) The President may waive paragraph (1) with respect to the administrative and personal security costs of the Office of the President of the Palestinian Authority, for activities of the President of the Palestinian Authority to promote democracy, the peaceful resolution of the Israeli-Palestinian conflict, and the rule of law, and with respect to independent agencies, if the President certifies and reports to the Committees on Appropriations that-- (i) it is in the national security interest of the United States to provide such assistance; (ii) as the case may be, the President of the Palestinian Authority, the President's HR 5522 RS 285 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 party, and independent agencies and any members thereof, are not members of, appointed by, or effectively controlled by Hamas or any other foreign terrorist organization; and (iii) assistance provided under the authority of this paragraph will not be transferred or retransferred to any member of Hamas or other foreign terrorist organization or to any entity effectively controlled by Hamas or other foreign terrorist organization. (B) Not less than 15 days prior to exercising the authority provided in this paragraph, the President shall consult with, and shall provide a written policy justification to, the Committees on Appropriations and the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (C) Whenever the waiver authority pursuant to subparagraph (A) is exercised, the President shall submit a report to the Committees on Appropriations describing how the funds will be HR 5522 RS 286 1 2 3 spent and the accounting procedures in place to ensure proper oversight and accountability. (c) PALESTINIAN BROADCASTING CORPORATION.-- 4 None of the funds appropriated or otherwise made available 5 by this Act may be used to provide equipment, technical 6 support, consulting services, or any other form of assistance 7 to the Palestinian Broadcasting Corporation. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (d) WEST BANK AND GAZA PROGRAM MONITORING.-- (1) OVERSIGHT.--For fiscal year 2007, 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. (2) VETTING.--None of the funds appropriated by this Act may be obligated or expended for assistance for the West Bank and Gaza until the Secretary of State consults with the Committees on Appropriations and determines and reports to the Committees on Appropriations that appropriate procedures and HR 5522 RS 287 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 safeguards exist to ensure that the United States 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. (3) 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. (4) AUDITS.-- (A) 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. (B) 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 HR 5522 RS 288 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. (5) CONTINUING REPORTING REQUIREMENT.-- 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 109­13. WESTERN HEMISPHERE SEC. 551. (a) COLOMBIA.-- (1) CERTIFICATION REQUIRED.--Funds appro- priated by this Act that are available for assistance for the Colombian Armed Forces, may be made available as follows: (A) Up to 75 percent of such funds may be obligated prior to a certification by the Secretary of State pursuant to subparagraph (B). (B) Up to 12.5 percent of such funds may be obligated only after the Secretary of State consults with, and certifies and reports to, the appropriate congressional committees that: HR 5522 RS 289 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) 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. (ii) 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. (iii) The Colombian Armed Forces have made substantial progress in cooperating with civilian prosecutors and judicial HR 5522 RS 290 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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). (iv) 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. (v) 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. (vi) The Colombian Government is taking effective steps to ensure that the Colom- HR 5522 RS 291 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 bian Armed Forces are not violating the land and property rights of Colombia's indigenous and Afro-Colombian communities. (C) The balance of such funds may be obligated after July 31, 2007, 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 subparagraph (B) and are conducting vigorous operations to restore civilian government authority and respect for human rights and the rule of law in areas under the effective control of paramilitary and guerrilla organizations. (2) REPORT.--The report accompanying the certification required in subsection (a)(1)(B) shall specify, with respect to each conditions, the (1) action taken by the Colombian Government and Armed Forces which supports the certification, and (2) cases or issues brought to the attention of the Secretary for which the response or action taken by the Colombian Government or Armed Forces has been inadequate. (3) CONGRESSIONAL NOTIFICATION.--Funds made available by this Act for the Colombian Armed HR 5522 RS 292 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Forces shall be subject to the regular notification procedures of the Committees on Appropriations. (4) CONSULTATIVE PROCESS.--Not later than 60 days after the date of enactment of this Act, and every 90 days thereafter until September 30, 2008, the Secretary of State shall consult with internationally recognized human rights organizations regarding progress in meeting the conditions contained in paragraph (1). (5) DEFINITIONS.--In this subsection: (A) 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. (B) PARAMILITARY GROUPS.--The term ``paramilitary groups'' means illegal self-defense groups and illegal security cooperatives. (b) COLOMBIA--ILLEGAL ARMED GROUPS.-- (1) DENIAL OF VISAS TO SUPPORTERS OF CO- LOMBIAN ILLEGAL ARMED GROUPS.--Subject to para- graph (2), the Secretary of State shall not issue a visa to any alien who the Secretary determines, based on credible evidence-- HR 5522 RS 293 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) 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 (B) has committed, ordered, incited, assisted, or otherwise participated in the commission of gross violations of human rights, including extra-judicial killings, in Colombia. (2) WAIVER.--Paragraph (1) shall not apply if the Secretary of State determines and certifies to the appropriate congressional committees, on a case-bycase basis, that the issuance of a visa to the alien is necessary to support the peace process in Colombia or for urgent humanitarian reasons. (c) ASSISTANCE MAMENT OF BIA.-- FOR DEMOBILIZATION AND IN DISARCOLOM- FORMER IRREGULAR COMBATANTS (1) AVAILABILITY OF FUNDS.--Of the funds ap- propriated in this Act, up to $16,000,000 may be made available in fiscal year 2007 for assistance for the demobilization and disarmament of former members of foreign terrorist organizations (FTOs) in Co- HR 5522 RS 294 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lombia, 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 paragraph (2) to the appropriate congressional committees prior to the initial obligation of amounts for such assistance for the fiscal year involved. (2) CERTIFICATION.--A certification described in this paragraph is a certification that-- (A) assistance for the fiscal year will be provided only for individuals who have: (i) verifiably renounced and terminated any affiliation or involvement with FTOs or other illegal armed groups; and (ii) are meeting all the requirements of the Colombia Demobilization Program, including having disclosed their involvement in past crimes and their knowledge of the FTOs structure, financing sources, illegal assets, and the location of kidnapping victims and bodies of the disappeared; (B) 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 HR 5522 RS 295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 United States for murder, kidnapping, narcotics trafficking, and other violations of United States law; (C) the Government of Colombia has established procedures to identify land and other assets illegally obtained by FTOs or their associates and is confiscating and returning such land and other assets to their rightful owners; (D) the Government of Colombia is implementing a concrete and workable framework for dismantling the organizational structures of foreign terrorist organizations; and (E) 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. (3) DEFINITIONS.--In this subsection: (A) APPROPRIATE TEES.--The CONGRESSIONAL COMMIT- term ``appropriate congressional committees'' means-- HR 5522 RS 296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) the Committee on Appropriations and the Committee on International Relations of the House of Representatives; and (ii) the Committee on Appropriations and the Committee on Foreign Relations of the Senate. (B) 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. (d) HAITI.-- (1) FUNDING.--Of the funds appropriated by this Act, the following amounts shall be made available for assistance for Haiti-- (A) $78,812,000 from ``Child Survival and Health Programs Fund''; of which $2,000,000 shall be made available for a child and maternal health program of Partners in Health/Zanmi Lasante; (B) $15,143,000 from ``Development Assistance''; (C) $33,300,000 from ``Economic Support Fund''; (D) $24,700,000 from ``Democracy Fund''; HR 5522 RS 297 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (E) $10,000,000 from ``International Narcotics Control and Law Enforcement''; (F) $775,000 from ``Foreign Military Financing Program''; and (G) $245,000 from ``International Military Education and Training''. (2) COAST GUARD.--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. (3) LIMITATION ON TRANSFERS TO HAITIAN NA- TIONAL POLICE.--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-- (A) 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 traf- HR 5522 RS 298 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ficking and human rights violations, have been suspended; and (B) the 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. (e) COOPERATION WITH CUBA COTICS ON COUNTER-NAR- MATTERS.-- (1) Subject to paragraph (2), of the funds appro- priated under the heading ``International Narcotics Control and Law Enforcement'', $5,000,000 should be made available for the purposes of preliminary work by the Department of State, or such other entity as the Secretary of State may designate, to establish cooperation with appropriate agencies of the Government of Cuba on counter-narcotics matters, including matters relating to cooperation, coordination, and mutual assistance in the interdiction of illicit drugs being transported through Cuba airspace or over Cuba waters. (2) The amount in paragraph (1) shall not be available if the President certifies that-- HR 5522 RS 299 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (A) Cuba does not have in place appropriate procedures to protect against the loss of innocent life in the air and on the ground in connection with the interdiction of illegal drugs; and (B) there is evidence of involvement of the Government of Cuba in drug trafficking. SUB-SAHARAN AFRICA SEC. 552. (a) SUDAN.-- (1) LIMITATION paragraph (2): (A) Notwithstanding section 501(a) of the International Malaria Control Act of 2000 (Public Law 106­570) 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. (B) 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. HR 5522 RS ON ASSISTANCE.--Subject to 300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (2) CERTIFICATION.--Paragraph (1) shall not apply if the Secretary of State determines and certifies to the Committees on Appropriations that-- (A) the Government of Sudan has taken significant steps to disarm and disband government-supported militia groups in the Darfur region; (B) 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 (C) 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. (3) EXCEPTIONS.--The provisions of paragraph (1) shall not apply to-- (A) humanitarian assistance; (B) assistance for Darfur and for areas outside the control of the Government of Sudan; and HR 5522 RS 301 1 2 3 4 5 6 7 8 9 10 11 12 13 (C) assistance to support implementation of the Comprehensive Peace Agreement. (4) DEFINITIONS.--For the purposes of this Act and section 501 of Public Law 106­570, 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''. (b) ZIMBABWE.--The Secretary of the Treasury shall 14 instruct the United States executive director to each inter15 national financial institution to vote against any extension 16 by the respective institution of any loans to the Government 17 of Zimbabwe, except to meet basic human needs or to pro18 mote democracy, unless the Secretary of State determines 19 and certifies to the Committees on Appropriations that the 20 rule of law has been restored in Zimbabwe, including re21 spect for ownership and title to property, freedom of speech 22 and association. 23 24 25 26 EAST ASIA AND THE PACIFIC SEC. 553. (a) BURMA.-- (1) INTERNATIONAL FINANCIAL INSTITUTIONS.-- The Secretary of the Treasury shall instruct the HR 5522 RS 302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. (2) HUMANITARIAN ASSISTANCE.--Of the funds appropriated under the heading ``Economic Support Fund'', not less than $5,000,000 shall be made available for the purpose of supporting the provision of humanitarian assistance to displaced Burmese along Burma's borders: Provided, That funds made available under this paragraph shall be in addition to funds provided for such purposes under the heading ``Migration and Refugee Assistance'' in this Act: Provided further, That funds made available under this paragraph shall be subject to the regular notification procedures of the Committees on Appropriations and may be made available notwithstanding any other provision of law. (b) TIBET.-- (1) INTERNATIONAL FINANCIAL INSTITUTIONS.-- The Secretary of the Treasury should instruct the United States executive director to each international financial institutions to use the voice and vote of the HR 5522 RS 303 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. (2) ASSISTANCE.--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 for assistance through nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communicates in the Tibetan Autonomous Region and in other Tibetan communities in China; and of the funds appropriated by this Act under the heading ``Democracy Fund'' not less than $250,000 should be made available for assistance through the National Endowment for Democracy for human rights and democracy programs relating to Tibet. AFGHANISTAN SEC. 554. Of the funds appropriated by titles III and 26 IV of this Act, not less than $1,123,925,000 shall be made HR 5522 RS 304 1 available for humanitarian, reconstruction, and related as2 sistance for Afghanistan: Provided, That of the funds made 3 available pursuant to this subsection, not less than 4 $3,000,000 should be made available for reforestation ac5 tivities: Provided further, That funds made available pursu6 ant to the previous proviso should be matched, to the max7 imum extent possible, with contributions from American 8 and Afghan businesses: Provided further, That of the funds 9 made available pursuant to this subsection, not less than 10 $20,000,000 shall be made available for agriculture and 11 rural development programs to be administered through a 12 national consortium of agriculture colleges and land-grant 13 universities: Provided further, That of the funds made 14 available pursuant to this subsection and other Acts making 15 appropriations for foreign operations, export financing, 16 and related programs for fiscal year 2006, not less than 17 $50,000,000 should be made available to support programs 18 that directly address the needs of Afghan women and girls, 19 of which not less than $7,500,000 shall be made available 20 for grants to support training and equipment to improve 21 the capacity of women-led Afghan nongovernmental organi22 zations and to support the activities of such organizations: 23 Provided further, That of the funds made available pursu24 ant to this subsection, not less than $2,000,000 should be 25 made available for the Afghan Independent Human Rights HR 5522 RS 305 1 Commission and for other Afghan human rights organiza2 tions: Provided further, That of the funds made available 3 pursuant to this section, not less than $2,500,000 should 4 be made available for assistance for Afghan civilians who 5 have suffered losses as a result of military operations 6 against the Taliban and insurgents. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CENTRAL ASIA SEC. 555. (a) KAZAKHSTAN.-- (1) LIMITATION.--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. (2) WAIVER.--The Secretary of State may waive paragraph (1) if the Secretary determines and reports to the Committees on Appropriations that such a waiver is important to the national security of the United States. (b) UZBEKISTAN.--Assistance may be provided to the 22 central Government of Uzbekistan only if the Secretary of 23 State determines and reports to the Committees on Appro24 priations that the Government of Uzbekistan is making sub25 stantial and continuing progress in meeting its commit26 ments under the ``Declaration on the Strategic Partnership HR 5522 RS 306 1 and Cooperation Framework Between the Republic of 2 Uzbekistan and the United States of America'', including 3 respect for human rights, establishing a genuine multi4 party system, and ensuring free and fair elections, freedom 5 of expression, and the independence of the media: Provided, 6 That for the purposes of this subsection ``assistance'' shall 7 include excess defense articles. 8 (c) REPORT.--Not later than October 1, 2007, the Sec- 9 retary of State shall submit a report to the Committees on 10 Appropriations and the Committee on Foreign Relations of 11 the Senate and the Committee on International Relations 12 of the House of Representatives describing the following: 13 14 15 16 17 18 19 20 21 22 23 (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) DEFINITION.--For purposes of this section, the 24 term ``countries of Central Asia'' means Uzbekistan, HR 5522 RS 307 1 Kazakhstan, 2 Turkmenistan. 3 4 LIMITATION ON ASSISTANCE TO SECURITY FORCES Kyrgyz Republic, Tajikistan, and SEC. 556. None of the funds made available by this 5 Act may be provided to any unit of the security forces of 6 a foreign country if the Secretary of State has credible evi7 dence that such unit has committed gross violations of 8 human rights, unless the Secretary determines and reports 9 to the Committees on Appropriations that the government 10 of such country is taking effective measures to bring the re11 sponsible members of the security forces unit to justice: Pro12 vided, That nothing in this section shall be construed to 13 withhold funds made available by this Act from any unit 14 of the security forces of a foreign country not credibly al15 leged to be involved in gross violations of human rights: 16 Provided further, That in the event that funds are withheld 17 from any unit pursuant to this section, the Secretary of 18 State shall promptly inform the foreign government of the 19 basis for such action and shall, to the maximum extent 20 practicable, assist the foreign government in taking effective 21 measures to bring the responsible members of the security 22 forces to justice. 23 24 FOREIGN MILITARY TRAINING REPORT SEC. 557. The annual foreign military training report 25 required by section 656 of the Foreign Assistance Act of 26 1961 shall be submitted by the Secretary of Defense and HR 5522 RS 308 1 the Secretary of State to the Committees on Appropriations 2 by the date specified in that section. 3 4 AUTHORIZATION REQUIREMENT SEC. 558. Funds appropriated by this Act, except 5 funds appropriated under the headings ``Trade and Devel6 opment Agency'' and ``Overseas Private Investment Cor7 poration'', may be obligated and expended notwithstanding 8 section 10 of Public Law 91­672 and section 15 of the State 9 Department Basic Authorities Act of 1956. 10 11 AUTHORIZATION SEC. 559. To authorize United States participation in, 12 and appropriations for, the United States contribution to 13 the first replenishment of the resources of the Enterprise for 14 the Americas Multilateral Investment Fund, the Inter15 American Development Bank Act (22 U.S.C. 283 et seq.) 16 is amended by adding at the end the following: 17 18 19 20 21 22 23 24 25 ``SEC. 39. FIRST REPLENISHMENT OF THE RESOURCES OF THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT FUND. ``(a) CONTRIBUTION AUTHORITY.-- ``(1) IN GENERAL.--The Secretary of the Treas- ury may contribute on behalf of the United States $150,000,000 to the first replenishment of the resources of the Enterprise for the Americas Multilateral Investment Fund. HR 5522 RS 309 1 2 3 4 5 6 ``(2) SUBJECT TO APPROPRIATIONS.--The au- thority provided by paragraph (1) may be exercised only to the extent and in the amounts provided for in advance in appropriations Acts. ``(b) LIMITATIONS TIONS.--For ON AUTHORIZATION OF APPROPRIA- the United States contribution authorized by 7 subsection (a), there are authorized to be appropriated not 8 more than $150,000,000, without fiscal year limitation, for 9 payment by the Secretary of the Treasury.''. 10 11 12 CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND SEC. 560. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION.--Of the amounts made available under the heading 13 ``Child Survival and Health Programs Fund'' in this Act, 14 $25,000,000 shall be made available for the United Nations 15 Population Fund (hereafter in this section referred to as 16 the ``UNFPA''), if otherwise not prohibited. 17 (b) AVAILABILITY OF FUNDS.--Funds appropriated in 18 this Act that are available for the UNFPA, that are not 19 made available for the UNFPA because of the operation of 20 any provision of law, shall be made available only for fam21 ily planning, maternal, and reproductive health activities 22 and shall be in addition to other amounts in this Act that 23 are available for such activities, subject to the regular noti24 fication procedures of the Committees on Appropriations. 25 (c) PROHIBITION ON USE OF FUNDS IN CHINA.--None 26 of the funds made available under ``Child Survival Health HR 5522 RS 310 1 Programs Fund'' may be made available for the UNFPA 2 for a country program in the People's Republic of China. 3 (d) CONDITIONS ON AVAILABILITY OF FUNDS.-- 4 Amounts made available under ``Child Survival Health 5 Programs Fund'' for fiscal year 2007 for the UNFPA may 6 not be made available to UNFPA unless-- 7 8 9 10 11 12 13 14 15 (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 16 otherwise made available pursuant to this Act may be made 17 available for assistance, and the Secretary of the Treasury 18 shall instruct the United States executive directors to the 19 international financial institutions to vote against any new 20 project involving the extension by such institutions of any 21 financial or technical assistance, to any country, entity, or 22 municipality whose competent authorities have failed, as 23 determined by the Secretary of State, to take necessary and 24 significant steps to implement its international legal obli25 gations to apprehend and transfer to the International 26 Criminal Tribunal for the former Yugoslavia (the ``TriHR 5522 RS 311 1 bunal'') all persons in their territory who have been in2 dicted by the Tribunal and to otherwise cooperate with the 3 Tribunal. 4 (2) The provisions of this subsection shall not apply 5 to humanitarian assistance or assistance for democratiza6 tion. 7 (b) The provisions of subsection (a) shall apply unless 8 the Secretary of State determines and reports to the appro9 priate congressional committees that the competent authori10 ties of such country, entity, or municipality are-- 11 12 13 14 15 16 17 18 (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 inter- 19 national financial institution regarding the extension of 20 any new project involving financial or technical assistance 21 or grants to any country or entity described in subsection 22 (a), the Secretary of the Treasury, in consultation with the 23 Secretary of State, shall provide to the Committees on Ap24 propriations a written justification for the proposed assist25 ance, including an explanation of the United States posi- HR 5522 RS 312 1 tion regarding any such vote, as well as a description of 2 the location of the proposed assistance by municipality, its 3 purpose, and its intended beneficiaries. 4 (d) In carrying out this section, the Secretary of State, 5 the Administrator of the United States Agency for Inter6 national Development, and the Secretary of the Treasury 7 shall consult with representatives of human rights organiza8 tions and all government agencies with relevant informa9 tion to help prevent indicted war criminals from benefiting 10 from any financial or technical assistance or grants pro11 vided to any country or entity described in subsection (a). 12 (e) The Secretary of State may waive the application 13 of subsection (a) with respect to projects within a country, 14 entity, or municipality upon a written determination to 15 the Committees on Appropriations that such assistance di16 rectly supports the implementation of the Dayton Accords. 17 18 19 20 21 22 23 24 25 (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. HR 5522 RS 313 1 2 3 4 5 6 7 (4) DAYTON ACCORDS.--The term ``Dayton Ac- cords'' 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 8 the United States Executive Director at each international 9 financial institution (as defined in section 1701(c)(2) of the 10 International Financial Institutions Act) and the Inter11 national Monetary Fund to oppose any loan, grant, strat12 egy or policy of these institutions that would require user 13 fees or service charges on poor people for primary education 14 or primary healthcare, including prevention and treatment 15 efforts for HIV/AIDS, malaria, tuberculosis, and infant, 16 child, and maternal well-being, in connection with the in17 stitutions' financing programs. 18 19 FUNDING FOR SERBIA SEC. 563. (a) Funds appropriated by this Act may 20 be made available for assistance for the central Government 21 of Serbia after May 31, 2007, if the President has made 22 the determination and certification contained in subsection 23 (c). 24 (b) After May 31, 2007, the Secretary of the Treasury 25 should instruct the United States executive directors to the 26 international financial institutions to support loans and HR 5522 RS 314 1 assistance to the Government of Serbia subject to the condi2 tions in subsection (c): Provided, That section 576 of the 3 Foreign Operations, Export Financing, and Related Pro4 grams Appropriations Act, 1997, as amended, shall not 5 apply to the provision of loans and assistance to the Gov6 ernments of Serbia and Montenegro through international 7 financial institutions. 8 (c) The determination and certification referred to in 9 subsection (a) is a determination by the President and a 10 certification to the Committees on Appropriations that the 11 Government of Serbia is-- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) cooperating with the International Criminal Tribunal for the former Yugoslavia including access for investigators, the provision of documents, timely information on the location, travel, and sources of financial support of indictees, including Radovan Karadic, and the surrender and transfer of indictees or assistance in their apprehension, including Ratko Mladic; (2) taking steps that are consistent with the Dayton Accords to end Serbian financial, political, security and other support which has served to maintain separate Republika Srpska institutions; and (3) taking steps to implement policies which reflect a respect for minority rights and the rule of law. HR 5522 RS 315 1 (d) This section shall not apply to Kosovo, humani- 2 tarian assistance or assistance to promote democracy. 3 4 COMMUNITY-BASED POLICE ASSISTANCE SEC. 564. (a) AUTHORITY.--Funds made available by 5 this Act to carry out the provisions of chapter 1 of part 6 I and chapter 4 of part II of the Foreign Assistance Act 7 of 1961, may be used, notwithstanding section 660 of that 8 Act, to enhance the effectiveness and accountability of civil9 ian police authority through training and technical assist10 ance in human rights, the rule of law, strategic planning, 11 and through assistance to foster civilian police roles that 12 support democratic governance including assistance for 13 programs to prevent and respond to conflict, respond to dis14 asters, address gender-based violence, and foster improved 15 police relations with the communities they serve. 16 (b) NOTIFICATION.--Assistance provided under sub- 17 section (a) shall be subject to prior consultation with, and 18 the regular notification procedures of, the Committees on 19 Appropriations. 20 21 SPECIAL DEBT RELIEF FOR THE POOREST SEC. 565. (a) AUTHORITY TO REDUCE DEBT.--The 22 President may reduce amounts owed to the United States 23 (or any agency of the United States) by an eligible country 24 as a result of-- 25 26 (1) guarantees issued under sections 221 and 222 of the Foreign Assistance Act of 1961; HR 5522 RS 316 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (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 89­808), or section 202 of the Agricultural Trade Act of 1978, as amended (Public Law 95­501). (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 HR 5522 RS 317 1 2 3 4 from the International Bank for Reconstruction and Development, commonly referred to as ``IDA-only'' countries. (c) CONDITIONS.--The authority provided by sub- 5 section (a) may be exercised only with respect to a country 6 whose government-- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 (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 21 by subsection (a) may be used only with regard to the funds 22 appropriated by this Act under the heading ``Debt Restruc23 turing''. 24 (e) CERTAIN PROHIBITIONS INAPPLICABLE.--A reduc- 25 tion of debt pursuant to subsection (a) shall not be consid- HR 5522 RS 318 1 ered assistance for the purposes of any provision of law lim2 iting assistance to a country. The authority provided by 3 subsection (a) may be exercised notwithstanding section 4 620(r) of the Foreign Assistance Act of 1961 or section 321 5 of the International Development and Food Assistance Act 6 of 1975. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES SEC. 566. (a) LOANS ELIGIBLE TION, OR FOR SALE, REDUC- CANCELLATION.-- (1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS.--Notwithstanding any other provi- sion 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 HR 5522 RS 319 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 HR 5522 RS 320 1 2 3 4 5 6 7 8 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 9 sale, reduction, or cancellation of any loan sold, reduced, 10 or canceled pursuant to this section shall be deposited in 11 the United States Government account or accounts estab12 lished for the repayment of such loan. 13 (c) ELIGIBLE PURCHASERS.--A loan may be sold pur- 14 suant to subsection (a)(1)(A) only to a purchaser who pre15 sents plans satisfactory to the President for using the loan 16 for the purpose of engaging in debt-for-equity swaps, debt17 for-development swaps, or debt-for-nature swaps. 18 (d) DEBTOR CONSULTATIONS.--Before the sale to any 19 eligible purchaser, or any reduction or cancellation pursu20 ant to this section, of any loan made to an eligible country, 21 the President should consult with the country concerning 22 the amount of loans to be sold, reduced, or canceled and 23 their uses for debt-for-equity swaps, debt-for-development 24 swaps, or debt-for-nature swaps. HR 5522 RS 321 1 (e) AVAILABILITY OF FUNDS.--The authority provided 2 by subsection (a) may be used only with regard to funds 3 appropriated by this Act under the heading ``Debt Restruc4 turing''. 5 6 REPORTING REQUIREMENT SEC. 567. The Secretary of State shall provide the 7 Committees on Appropriations, not later than January 1, 8 2007, and for each fiscal quarter thereafter, a report in 9 writing on the uses of funds made available under the head10 ings ``Foreign Military Financing Program'', ``Inter11 national Military Education and Training'', and ``Peace12 keeping Operations'': Provided, That such report shall in13 clude a description of the obligation and expenditure of 14 funds, and the specific country in receipt of, and the use 15 or purpose of the assistance provided by such funds. 16 17 18 EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN COUNTRIES AND CERTAIN OTHER COUNTRIES SEC. 568. Notwithstanding section 516(e) of the For- 19 eign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during 20 fiscal year 2007, funds available to the Department of De21 fense may be expended for crating, packing, handling, and 22 transportation of excess defense articles transferred under 23 the authority of section 516 of such Act to Albania, Afghani24 stan, Bulgaria, Croatia, Estonia, Former Yugoslavian Re25 public of Macedonia, Georgia, India, Iraq, Kazakhstan, 26 Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, PakiHR 5522 RS 322 1 stan, Romania, Slovakia, Tajikistan, Turkmenistan, 2 Ukraine, and Uzbekistan. 3 4 5 6 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MANAGEMENT (INCLUDING TRANSFER OF FUNDS) SEC. 569. (a) AUTHORITY.--Up to $81,000,000 of the 7 funds made available in this Act to carry out the provisions 8 of part I of the Foreign Assistance Act of 1961, including 9 funds appropriated under the heading ``Assistance for East10 ern Europe and the Baltic States'', may be used by the 11 United States Agency for International Development 12 (USAID) to hire and employ individuals in the United 13 States and overseas on a limited appointment basis pursu14 ant to the authority of sections 308 and 309 of the Foreign 15 Service Act of 1980. 16 17 18 19 20 21 22 (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 23 only be used to the extent that an equivalent number of posi24 tions that are filled by personal services contractors or other 25 nondirect-hire employees of USAID, who are compensated 26 with funds appropriated to carry out part I of the Foreign HR 5522 RS 323 1 Assistance Act of 1961, including funds appropriated under 2 the heading ``Assistance for Eastern Europe and the Baltic 3 States'', are eliminated. 4 (d) PRIORITY SECTORS.--In exercising the authority 5 of this section, primary emphasis shall be placed on ena6 bling USAID to meet personnel positions in technical skill 7 areas currently encumbered by contractor or other non8 direct-hire personnel. 9 (e) CONSULTATIONS.--The USAID Administrator 10 shall consult with the Committees on Appropriations at 11 least on a quarterly basis concerning the implementation 12 of this section. 13 (f) PROGRAM ACCOUNT CHARGED.--The account 14 charged for the cost of an individual hired and employed 15 under the authority of this section shall be the account to 16 which such individual's responsibilities primarily relate. 17 Funds made available to carry out this section may be 18 transferred to and merged and consolidated with funds ap19 propriated for ``Operating Expenses of the United States 20 Agency for International Development''. 21 (g) MANAGEMENT REFORM PILOT.--Of the funds made 22 available in subsection (a), USAID may use, in addition 23 to funds otherwise available for such purposes, up to 24 $10,000,000 to fund overseas support costs of members of 25 the Foreign Service with a Foreign Service rank of four HR 5522 RS 324 1 or below: Provided, That such authority may only be used 2 to reduce USAID's reliance on overseas personal services 3 contractors or other nondirect-hire employees compensated 4 with funds appropriated to carry out part I of the Foreign 5 Assistance Act of 1961, including funds appropriated under 6 the heading ``Assistance for Eastern Europe and the Baltic 7 States''. 8 (h) DISASTER SURGE CAPACITY.--Funds appro- 9 priated by this Act to carry out part I of the Foreign Assist10 ance Act of 1961, including funds appropriated under the 11 heading ``Assistance for Eastern Europe and the Baltic 12 States'', may be used, in addition to funds otherwise avail13 able for such purposes, for the cost (including the support 14 costs) of individuals detailed to or employed by the United 15 States Agency for International Development whose pri16 mary responsibility is to carry out programs in response 17 to natural disasters. 18 19 ENVIRONMENT PROGRAMS SEC. 570. (a) FUNDING.--Of the funds appropriated 20 under the heading ``Development Assistance'', not less than 21 $175,500,000 shall be made available for programs and ac22 tivities which directly protect biodiversity, including for23 ests, in developing countries, of which not less than 24 $10,000,000 should be made available to implement the 25 United States Agency for International Development's bio26 diversity conservation strategy for the Amazon basin, which HR 5522 RS 325 1 amount shall be in addition to the amounts requested for 2 biodiversity activities in these countries in fiscal year 2007: 3 Provided, That of the funds appropriated by this Act, not 4 less than $17,500,000 should be made available for the 5 Congo Basin Forest Partnership of which not less than 6 $2,500,000 should be made available to the United States 7 Fish and Wildlife Service for the protection of great apes 8 in Central Africa: Provided further, That of the funds ap9 propriated by this Act, not less than $180,000,000 shall be 10 made available to support clean energy and other climate 11 change policies and programs in developing countries, of 12 which $100,000,000 should be made available to directly 13 promote and deploy energy conservation, energy efficiency, 14 and renewable and clean energy technologies, and of which 15 the balance should be made available to directly: (1) meas16 ure, monitor, and reduce greenhouse gas emissions; (2) in17 crease carbon sequestration activities; and (3) enhance cli18 mate change mitigation and adaptation programs. 19 (b) CLIMATE CHANGE REPORT.--Not later than 60 20 days after the date on which the President's fiscal year 2008 21 budget request is submitted to Congress, the President shall 22 submit a report to the Committees on Appropriations de23 scribing in detail the following-- 24 25 (1) all Federal agency obligations and expenditures, domestic and international, for climate change HR 5522 RS 326 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 programs and activities in fiscal year 2007, 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 2006 obligations and estimated expenditures, fiscal year 2007 estimated expenditures and estimated obligations, and fiscal year 2008 requested funds by the United States Agency for International Development, by country and central program, for each of the following: (A) to promote the transfer and deployment of a wide range of United States clean energy and energy efficiency technologies; (B) to assist in the measurement, monitoring, reporting, verification, and reduction of greenhouse gas emissions; (C) to promote carbon capture and sequestration measures; (D) to help meet such countries' responsibilities under the Framework Convention on Climate Change; and (E) 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 HR 5522 RS 327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 finalizing 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, HR 5522 RS 328 1 2 3 4 5 6 for the extraction and export of oil, gas, coal, timber, or other national resource since September 30, 2006, and the extent to which the country has established the functioning systems described in subsection (c)(1). DISABILITY PROGRAMS SEC. 571. (a) Of the funds appropriated by this Act 7 under the heading ``Economic Support Fund'', not less than 8 $4,000,000 shall be made available for programs and activi9 ties administered by the United States Agency for Inter10 national Development (USAID) to address the needs and 11 protect the rights of people with disabilities in developing 12 countries. 13 (b) Funds appropriated under the heading ``Operating 14 Expenses of the United States Agency for International De15 velopment'' should be made available to develop and imple16 ment training for staff in overseas USAID missions to pro17 mote the full inclusion and equal participation of people 18 with disabilities in developing countries. 19 (c) The Secretary of State, the Secretary of the Treas- 20 ury, and the Administrator of USAID shall seek to ensure 21 that, where appropriate, construction projects funded by 22 this Act are accessible to people with disabilities and in 23 compliance with the USAID Policy on Standards for Acces24 sibility for the Disabled, or other similar accessibility 25 standards. HR 5522 RS 329 1 (d) Of the funds made available pursuant to subsection 2 (a), not more than 7 percent may be for management, over3 sight and technical support. 4 5 SECURITY IN ASIA SEC. 572. Of the funds appropriated under the heading 6 ``Foreign Military Financing Program'', not less than the 7 following amounts shall be made available to enhance secu8 rity in Asia, consistent with democratic principles and the 9 rule of law-- 10 11 12 13 14 15 16 17 18 19 20 (1) $30,000,000 for assistance for the Philippines; (2) $10,000,000 for assistance for Indonesia; (3) $4,000,000 for assistance for Mongolia; (4) $1,300,000 for assistance for Thailand; (5) $1,000,000 for assistance for Cambodia; (6) $500,000 for assistance for Fiji; and (7) $250,000 for assistance for Tonga. PEACE CORPS PERSONAL SERVICES CONTRACTORS SEPARATION PAY SEC. 573. (a) ESTABLISHMENT OF FUND.--There is es- 21 tablished in the Treasury of the United States a fund for 22 the Peace Corps to provide separation pay for host country 23 resident personal services contractors of the Peace Corps. 24 (b) FUNDING.--The Director of the Peace Corps may 25 deposit in such fund-- HR 5522 RS 330 1 2 3 4 5 6 7 8 (1) amounts previously obligated and not canceled for separation pay of host country resident personal services contractors of the Peace Corps; and (2) amounts obligated for fiscal years after 2006 for the current and future costs of separation pay for host country resident personal services contractors of the Peace Corps. (c) AVAILABILITY.--Beginning in fiscal year 2007 and 9 thereafter, amounts in the fund are available without fiscal 10 year limitation for severance, retirement, or other separa11 tion payments to host country resident personal services 12 contractors of the Peace Corps in countries where such pay 13 is legally authorized. 14 15 RESCISSIONS SEC. 574. (a) Of the funds appropriated under the 16 heading ``Economic Support Fund'' for assistance for West 17 Bank and Gaza in title II of Public Law 109­102 and 18 under such heading in prior Acts making appropriations 19 for foreign operations, export financing, and related pro20 grams, $75,000,000 are rescinded. 21 (b) Of the funds appropriated under the heading ``Eco- 22 nomic Support Fund'' for assistance for Egypt in title II 23 of Public Law 109­102 and under such heading in prior 24 Acts making appropriations for foreign operations, export 25 financing, and related programs, $300,000,000 are re26 scinded. HR 5522 RS 331 1 2 ALLOCATIONS SEC. 575. (a) Funds provided in this Act for the fol- 3 lowing accounts shall be made available for programs and 4 countries in the amounts contained in the respective tables 5 included in the report accompanying this Act: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ``Child Survival and Health Programs Fund''. ``Development Assistance''. ``Economic Support Fund''. ``Assistance for Eastern Europe and Baltic States''. ``Assistance for the Independent States of the Former Soviet Union''. ``Democracy Fund''. ``Andean Counterdrug Initiative''. ``Migration and Refugee Assistance''. ``Foreign Military Financing''. ``Peacekeeping Operations''. ``International Organizations and Programs''. (b) Any proposed increases or decreases to the amounts 20 contained in such tables in the accompanying report shall 21 be subject to the regular notification procedures of the Com22 mittees on Appropriations and section 634A of the Foreign 23 Assistance Act of 1961. 24 25 REFERENCES SEC. 576. Except as otherwise provided, any reference 26 in titles II through V, including the general provisions for HR 5522 RS 332 1 such titles, to ``this Act'' shall be deemed to be a reference 2 to titles II through V of the Department of State, Foreign 3 Operations, and Related Programs Appropriations Acts, 4 2007. 5 6 7 ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT SEC. 577. None of the funds made available in this 8 Act may be used to fund activities or projects undertaken 9 by the Organization for Economic Cooperation and Devel10 opment that are designed to hinder the flow of capital and 11 jobs from high-tax jurisdictions to low-tax jurisdictions or 12 to infringe on the sovereign right of jurisdictions to deter13 mine their own domestic policies. 14 15 INDONESIA REPORT SEC. 578. The Secretary of State shall submit a report 16 to the Committees on Appropriations not later than April 17 1, 2007, detailing, for the 12 month period prior to the en18 actment of this Act, the following-- 19 20 21 22 23 24 25 26 (1) any strategy linking United States foreign assistance to progress on human rights; (2) progress made by the Indonesian Government in prosecuting and punishing current or former members of the Indonesian military who have been credibly implicated in gross violations of human rights in East Timor, Papua, and elsewhere, and actions taken by the military to assist in resolving such HR 5522 RS 333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 cases by providing testimony, access to witnesses, military documents, and other relevant information; (3) efforts made by the Indonesian Government to provide unimpeded access to Papua for the media and humanitarian organizations; (4) progress made by the Indonesian Government in establishing full civilian control of the military, including making publicly available audits of receipts and expenditures of the military and its businesses; (5) progress in the investigation of the murders of two United States citizens and one Indonesian citizen on August 31, 2002 in Timika, the status of any individuals indicted within the United States or Indonesia for crimes related to those murders, and the status of judicial proceedings related to those murders; (6) efforts by the Government of Indonesia to arrest individuals indicted for crimes related to those murders and any other actions taken by the Government of Indonesia (including the Indonesian judiciary, police and military) to bring the individuals responsible to justice; (7) the cooperation provided by the Government of Indonesia (including the Indonesian judiciary, police and military) with regard to requests related to HR 5522 RS 334 1 2 3 4 5 6 7 8 9 10 11 12 those murders made by the Secretary of State or the Director of the Federal Bureau of Investigation; and (8) the status of the investigation of the murder of Munir Said Thalib, including efforts by the Government of Indonesia to arrest any individuals who ordered or carried out that crime and any other actions taken by the Government of Indonesia (including the Indonesian judiciary, police and the State Intelligence Agency), to bring the individuals responsible to justice. ORPHANS, DISPLACED AND ABANDONED CHILDREN SEC. 579. Of the funds appropriated under title III 13 of this Act, not less than $3,000,000 should be made avail14 able for activities to improve the capacity of foreign govern15 ment agencies and nongovernmental organizations to pre16 vent child abandonment, address the needs of orphans, dis17 placed and abandoned children and provide permanent 18 homes through family reunification, guardianship and do19 mestic adoptions: Provided, That funds made available 20 under title III of this Act should be made available, as ap21 propriate, consistent with-- 22 23 24 25 (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 adoptions; HR 5522 RS 335 1 2 3 4 5 6 7 8 9 10 11 12 13 (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. ASSISTANCE FOR FOREIGN NONGOVERNMENTAL ORGANIZATIONS SEC. 580. Notwithstanding any other provision of law, 14 regulation, or policy, in determining eligibility for assist15 ance authorized under part I of the Foreign Assistance Act 16 of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental 17 organizations-- 18 19 20 21 22 23 24 25 (1) shall not be eligible for such assistance solely on the basis of health or medical services including counseling and referral services, provided by such organizations with non-United States Government funds if such services do not violate the laws of the country in which they are being provided and would not violate United States Federal law if provided in the United States; and HR 5522 RS 336 1 2 3 4 5 6 (2) shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under part I of such Act. Titles II through V may be cited as the ``Foreign Oper- 7 ations, Export Financing, and Related Programs Appro8 priations Act, 2007''. 9 This Act may be cited as the ``Department of State, 10 Foreign Operations, and Related Programs Appropriations 11 Act, 2007''. Amend the title so as to read: ``An Act making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2007, and for other purposes.''. HR 5522 RS Calendar No. 512 109TH CONGRESS 2D SESSION H.R. 5522 [Report No. 109­277] AN ACT Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2007, and for other purposes. JUNE 12, 2006 Received; read twice and referred to the Committee on Appropriations JULY 10, 2006 Reported with an amendment and an amendment to the title