H.R.3057 - Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006109th Congress (2005-2006)
|Sponsor:||Rep. Kolbe, Jim [R-AZ-8] (Introduced 06/24/2005)|
|Committees:||House - Appropriations | Senate - Appropriations|
|Committee Reports:||S. Rept. 109-96; H. Rept. 109-152; H. Rept. 109-265 (Conference Report)|
|Latest Action:||11/14/2005 Became Public Law No: 109-102. (TXT | PDF)|
|Major Recorded Votes:||11/10/2005 : Resolving Differences; 11/04/2005 : Resolving Differences; 07/20/2005 : Passed Senate; 06/28/2005 : Passed House|
This bill has the status Became Law
Here are the steps for Status of Legislation:
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- Resolving Differences
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Subject — Policy Area:
- International Affairs
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Summary: H.R.3057 — 109th Congress (2005-2006)All Bill Information (Except Text)
Public Law No: 109-102 (11/14/2005)
Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 - Title I: Export and Investment Assistance - Makes FY2006 appropriations for: (1) the Export-Import Bank, including the Office of Inspector General, direct and guaranteed loan and insurance programs, and administrative expenses; (2) Overseas Private Investment Corporation (OPIC) credit and insurance programs, including administrative expenses, and for the cost of direct and guaranteed loans, (and authority to undertake programs under title IV of the Foreign Assistance Act of 1961 in Iraq); and (3) the Trade and Development Agency.
Title II: Bilateral Economic Assistance - Makes FY 2006 appropriations for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) the United States Agency for International Development (USAID) for child survival, nutrition, and disease programs, including HIV/AIDS and other infectious diseases, and family planning/reproductive health programs; (3) specified development assistance, including programs for trade capacity building (including activities with Central America and the Dominican Republic), and for education, displaced children, agriculture, clean water (including activities in Africa and South Asia); (4) international disaster and famine assistance; (5) democracy transition and long-term development of countries in crisis; (6) direct loans and guaranteed loans for micro and small enterprise development and urban programs; (7) the Foreign Service Retirement and Disability Fund; (8) operating expenses of USAID; (9) the Capital Investment Fund; (10) USAID Office of Inspector General; (11) Economic Support Fund (ESF) assistance, including amounts for Israel, Egypt, Jordan, USAID programs in the West Bank and Gaza, Lebanon, Afghanistan upon compliance with poppy eradication activities, Iraq, the Central Highlands of Vietnam, Timor-Leste, and Sierra Leone; (12) International Fund for Ireland; (13) assistance for Eastern Europe and the Baltic States; (14) assistance for the new Independent States of the former Soviet Union, including restrictions on assistance to Russia until compliance with specified actions in Iran; (15) the Inter-American Foundation, the African Development Foundation, the Peace Corps, with a prohibition on fund use for abortions, and the Millennium Challenge Corporation; (16) the global HIV/AIDS initiative; (17) promotion of democracy and human rights; (18) international narcotics control and law enforcement; (19) counterdrug activities in the Andean region of South America including assistance to Colombia to support a unified campaign against terrorist organizations such as the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), and the United Self-Defense Forces of Colombia (AUC), and other Colombian programs; (20) migration and refugee assistance; (21) United States Emergency Refugee and Migration Assistance Fund; (22) nonproliferation, anti-terrorism, demining, and related programs and activities, including U.S. contributions to the International Atomic Energy Agency (IAEA) and the Comprehensive Nuclear Test Ban Treaty Preparatory Commission; and (23) the Department of the Treasury for international affairs technical assistance activities, and for debt restructuring of concessional loans, guarantees, and credits made to, and the canceling of amounts owed to, the United States by eligible foreign countries.
Title III: Military Assistance - Makes FY 2006 appropriations for: (1) expanded international military education and training (IMET), including provisions respecting Haiti, the Democratic Republic of the Congo, Nigeria, and Guatemala; (2) foreign military financing grants, including provisions respecting Israel, Jordan, Sudan, Guatemala, Haiti, and Egypt; and (3) international peacekeeping operations.
Title IV: Multilateral Economic Assistance - Makes FY 2006 appropriations for the U.S. contribution to: (1) the Global Environment Facility of the International Bank for Reconstruction and Development (World Bank); (2) the International Development Association (IDA); (3) the Multilateral Investment Guarantee Agency; (4) the Inter-American Investment Corporation; (5) the Enterprise for the Americas Multilateral Investment Fund; (6) the Asian Development Fund; (7) the African Development Bank; (8) the African Development Fund; (9) the European Bank for Reconstruction and Development; (10) the International Fund for Agricultural Development; and (11) other international programs, excluding IAEA.
Sets forth limitations on callable capital subscriptions with respect to: (1) the Multilateral Investment Guarantee Agency; (2) the African Development Bank; and (3) the European bank for Reconstruction and Development.
Title V: General Provisions - (Sec. 501) Prohibits payments to any international financial institution (as defined by this Act) while the U.S. executive director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule, or any alternate U.S. director is compensated at a rate in excess of that for Level V of such Schedule.
(Sec. 502) Prohibits the use of funds under this Act to pay any voluntary U.S. contribution to the United Nations if the United Nations implements or imposes any tax on U.S. persons.
(Sec. 503) Sets forth limits on the use of appropriations, including specified maximums for official residence expenses, entertainment expenses, and representation allowances for USAID. Sets forth entertainment and/or representation limits for: (1) the Inter-American Foundation; (2) the Trade and Development Agency; (3) the Peace Corps; (4) IMET; (5) the Foreign Military Financing Program; and (6) the Millennium Challenge Corporation.
(Sec. 506) Prohibits the use of funds under this Act for: (1) assistance under a new bilateral agreement unless such assistance is exempt from taxation, or reimbursed, by the foreign government; (2) direct assistance or reparations to Cuba, Libya (excluding OPIC and Export-Import Bank activities in Libya), North Korea, Iran, or Syria; (3) assistance to any country whose elected head of government is deposed by military coup or decree (assistance may be resumed if a democratic government is elected to office); (4) certain transfers between U.S. agencies except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act, or between appropriations accounts without prior presidential consultation with Congress; (5) assistance to any country in default in excess of a year on payments on a U.S. loan (unless the President determines such assistance is in the national interest); and (6) assistance for production of any export commodity by a foreign country if the commodity is likely to be in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of a similar or competing commodity (with exceptions for specified benefits to U.S. producers or to developing countries).
(Sec. 510) Authorizes the commercial leasing of certain defense articles (instead of the government-to-government sale) to Israel, Egypt, North Atlantic Treaty Organization (NATO) members, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons.
(Sec. 511) States, with specified exceptions, that no part of any appropriation contained in any title of this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly provided for in this Act.
(Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity.
(Sec. 515) Sets forth specified congressional notification requirements.
(Sec. 516) Declares that funds appropriated for foreign operations, export financing, and related programs, that are returned or not made available for international organizations and programs shall remain available for obligation until September 30, 2007.
(Sec. 517) Prohibits the availability of assistance for the Independent States of the former Soviet Union to a government of such an Independent State: (1) if it directs action in violation of the territorial integrity or national sovereignty of any other Independent State; or (2) to enhance its military capability (except for demilitarization, demining, or nonproliferation programs).
Subjects such assistance for the Russian Federation, Armenia, Kazakhstan, and Uzbekistan to the regular notification procedures of the Committees on Appropriations.
(Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning, to motivate or coerce any person to practice abortions, or to provide any financial incentive to undergo sterilization.
(Sec. 519) Limits the amount of export financing funds (other than for administrative expenses) that can be transferred from one appropriation to another to not more than 5%, with no appropriation being increased by more than 25% by such transfer.
(Sec. 520) Prohibits the use of funds for Liberia, Serbia, Sudan, Zimbabwe, Pakistan, or Cambodia except through the regular notification procedures of the Committees on Appropriations.
(Sec. 522) Makes funds available to reimburse governmental and private entities for the cost of individuals detailed to USAID for child survival and disease prevention programs in developing countries.
(Sec. 523) Obligates certain funds for Afghanistan for humanitarian, reconstruction, and related assistance.
(Sec. 524) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries.
(Sec. 525) Conditions 20% of the U.S. contribution to the Global Fund to Fight AIDS, TB and Malaria on the progress of reforms to improve monitoring and evaluation of Fund financing.
(Sec. 526) Directs the Secretary of the Treasury to instruct U.S. executive directors to appropriate international financial institutions to vote against any financial or other fund use for Burma.
Makes ESF assistance available to support democracy activities in Burma and along the Burma-Thailand border and for activities of Burmese student groups and other organizations located outside Burma, and for humanitarian assistance to displaced Burmese along Burma's borders. Makes additional funds available for Thailand-based organizations providing humanitarian assistance to internally displaced persons in eastern Burma.
(Sec. 527) Prohibits bilateral assistance funds to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes the President to waive such prohibition for national security and humanitarian reasons.
(Sec. 528) Authorizes nongovernmental organizations which are USAID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.
(Sec. 529) Directs the Administrator of USAID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities.
(Sec. 530) Requires the President to submit to the Committees on Appropriations a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund.
(Sec. 531) Obligates specified funds under this Act for financial market assistance to countries in transition.(Sec. 532) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act. Requires an agency to report to the Committees on Appropriations whenever it is conducting or proposing activities in a country for which such assistance is prohibited.
(Sec. 533) Prohibits the use of funds under this Act to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees; or (2) assistance for any program that contributes to the violation of internationally recognized workers rights in the recipient country.
(Sec. 534) Allows funds appropriated under this Act for Afghanistan to be made available notwithstanding restrictions: (1) on assistance to countries in default in payment to the United States; and (2) contained in the Foreign Assistance Act of 1961 on law enforcement assistance.
Allows funds appropriated under the trade and economic assistance titles of this Act to be made available to: (1) Iraq, Lebanon, Montenegro, and Pakistan; (2) war victims; (3) displaced children; (4) displaced Burmese; and (5) victims of trafficking in persons and to combat such trafficking.
Authorizes the use of foreign assistance funds to support tropical forestry and biodiversity conservation programs and energy programs aimed at reducing greenhouse gas emissions.
Authorizes USAID to: (1) employ up to 25 personal services contractors in the United States to provide support for specified new or expanded overseas programs until permanent direct hire personnel are hired and trained; and (2) make an exception to the fair opportunity process under an indefinite-quantity contract for a small or disadvantaged business.
Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 to extend the provision considering certain Vietnamese nationals to be refugees of special humanitarian concern for purposes of eligibility for in-country refugee processing in Vietnam through FY2007.
Expands authorities under the Foreign Assistance Act of 1961 for civilian police assistance for a regional, district, municipal, or other sub-national entity emerging from instability.
Obligates specified funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance of USAID as a general contribution to the World Food Program.Makes funds under this Act available to American educational institutions for programs and activities in the People's Republic of China (PRC) relating to the environment, democracy, and the rule of law.
Amends P.L. 107-57 to extend specified presidential waiver authorities with respect to Pakistan through FY2006.
Authorizes, upon congressional consultation, up to a specified amount of ESF funds to establish a Middle East Foundation to support democracy and the rule of law. Requires: (1) matching funds; and (2) ongoing oversight to prohibit such funds' distribution to groups or individuals involved in terrorism. Terminates the Foundation's or any similar entity's authority to provide assistance on September 30, 2010.
Amends the Arms Export Control Act to extend reciprocal quality assurance, inspection, and contract service provisions to Australia, New Zealand, Japan, and Israel.
Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend application and reapplication authority through October 1, 2006, for aliens seeking to qualify under specified refugee categories.(Sec. 535) Expresses the sense of Congress that: (1) the Arab League boycott of Israel (reinstated in 1997), and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to regional peace and to U.S. investment and trade in the Middle East and North Africa and should be terminated; and (2) the President should report annually to Congress on specific steps taken by the United States to encourage Arab League states to normalize their relations with Israel to end the boycott.
(Sec. 536) Declares that restrictions on assistance to foreign countries contained in this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under specified provisions of the Agricultural Trade Development and Assistance Act of 1954.
(Sec. 537) Authorizes the reprogramming of earmarked appropriations for other programs within the same account, provided certain requirements are met. Sets forth certain other requirements with respect to ceilings and earmarks of appropriations under this Act.
(Sec. 539) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. Obligates amounts for private and voluntary organizations to deal with world hunger problems abroad.
(Sec. 540) Prohibits the use of funds to pay any assessments, arrearages, or dues of any U.N. member (including costs for attendance of another country's delegation at international conferences held under the auspices of multilateral or international organizations).
(Sec. 541) Prohibits the provision of funds to a nongovernmental organization that fails to provide any document, file, or record necessary for USAID auditing requirements.
(Sec. 542) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country that the Secretary of State (Secretary) has determined has a terrorist government, unless the President determines and reports to the appropriate congressional committees that such assistance is in the U.S. national interest.
(Sec. 543) Withholds assistance to a foreign country in an amount equal to 110% of the total unpaid parking fines and penalties owed by the country to the District of Columbia or New York City that were incurred from April 1, 1997-September 30, 2005.
(Sec. 544) Prohibits the obligation of any appropriations under this Act for the Palestine Liberation Organization (PLO) for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO.
(Sec. 545) Permits the President to provide up to a specified amount of commodities and services to the United Nations War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia.
States that funds made available for tribunals other than Yugoslavia, Rwanda, or the Special Court for Sierra Leone shall be made available subject to the regular notification procedures of the Committees on Appropriations.
(Sec. 546) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes.
(Sec. 547) Prohibits, with an exception for acquisition of additional space for the Consulate General in Jerusalem, the obligation of funds appropriated under this Act to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority (PA) over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles.
States that: (1) official U.S.-PA meetings should continue to take place in locations other than Jerusalem; and (2) U.S. officers and employees may continue to meet in Jerusalem on other subjects with Palestinians (including those who occupy positions in the PA).
(Sec. 548) Prohibits the obligation of certain funds to pay for: (1) alcoholic beverages; or (2) entertainment expenses for recreational activities.
(Sec. 549) Obligates funds for Haiti for: (1) child health; (2) development assistance; (3) economic support; (4) narcotics control and law enforcement; and (5) military and military training.
Makes the government of Haiti eligible to purchase U.S. defense articles and services for its Coast Guard.
Prohibits the use of certain funds under this Act for the transfer of U.S. weapons, ammunition or other lethal property to the Haitian National Police until the Secretary certifies to the Committees on Appropriations that: (1) the United Nations Mission in Haiti (MINUSTAH) has vetted senior levels of the Haitian National Police and has ensured that those credibly alleged to have committed serious crimes, including drug trafficking and human rights violations, have been suspended; and (2) the Transitional Haitian National Government is cooperating with a U.N. sponsored police and judicial reform plan.
(Sec. 550) Prohibits the obligation of any appropriations under this Act for the PLO unless the President certifies to Congress that it is in the U.S. national interest. Limits the duration of any such waiver to not more than six months at a time, and shall not apply beyond 12 months after enactment of this Act. Requires a report to the Committees on Appropriations when such waiver is exercised.
(Sec. 551) Prohibits the use of funds for foreign security forces if the Secretary has credible evidence they have committed gross violations of human rights, unless the Secretary reports to the Committees on Appropriations that such country is taking steps to bring the responsible persons to justice.
(Sec. 552) Requires a specified annual foreign military training report to be submitted by the Secretary of Defense and the Secretary to the Committees on Appropriations by a certain date.
(Sec. 554) Prohibits the use of funds under this Act to assist the government of Cambodia, with specified exceptions, including programs for health, education, rule of law, and to combat the trafficking of humans or drugs.
Makes ESF assistance available for activities to support democracy and human rights (including assistance for democratic political parties) in Cambodia.
(Sec. 555) Prohibits the use of funds under this Act to support a Palestinian state unless the Secretary certifies to the appropriate congressional committees that: (1) a new leadership of a Palestinian governing entity has been democratically elected; (2) such entity has demonstrated a commitment to peaceful coexistence with Israel and is taking measures to counter terrorism; and (3) the PA is working to establish a lasting peace in the Middle East. Authorizes the President to waive such prohibition in the U.S. national security interest. States that such funding restriction shall not apply to assistance to help reform the PA and affiliated institutions or a newly elected governing entity meet such assistance requirements.
Expresses the sense of Congress that the newly elected governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights, and should enact other laws and regulations assuring transparent and accountable governance.
(Sec. 556) Conditions assistance under this Act for the Colombian Armed Forces as follows: (1) up to 75% of such funds may be obligated prior to a certification by the Secretary pursuant to this section; (2) up to 12.5% of such funds may be obligated only after the Secretary certifies and reports to the appropriate congressional committees that such Armed Forces are cooperating in bringing to justice those members who have committed gross human rights violations, including extrajudicial killings, are severing links with, and dismantling, paramilitary groups, and are not violating land and property rights of indigenous communities; and (3) the balance of such funds may be obligated after July 31, 2006, if the Secretary certifies and reports to the appropriate congressional committees that the Armed Forces are continuing to meet these conditions and are restoring government authority and human rights in areas controlled by paramilitary and guerrilla organizations.
(Sec. 557) Prohibits the Secretary from issuing a visa to any alien who: (1) has willfully provided support to FARC, ELN, or AUC; or (2) has participated in the commission of gross human rights violations. Provides for waiver of such prohibition on a case-by-case basis for humanitarian reasons or to support the peace process.
(Sec. 558) Prohibits the use of funds under this Act to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation.
(Sec. 559) Requires the Secretary, for FY2006, 30 days prior to initial ESF fund obligation for the bilateral West Bank and Gaza program, to certify to the appropriate committees that procedures have been established to ensure Government Accountability Office (GAO) access to appropriate U.S. financial information in order to review the uses of program funds. Requires the Secretary to take all appropriate steps to ensure such assistance is not provided to or through any individual or entity that advocates or engages in terrorist activity.
Prohibits use of funds to honor individuals who commit, or have committed, acts of terrorism.
Requires and obligates funds for program audits.
(Sec. 560) Obligates specified FY2006 international organization and program funds for the United Nations Population Fund (UNFPA) (except for any country program in the PRC) for family planning and maternal and reproductive health care. Prohibits funding of abortions.
(Sec. 561) Prohibits the use of funds under this Act for assistance (except humanitarian assistance and assistance for democratization), and requires the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions to vote against the extension of assistance to any country (Bosnia and Herzegovina, Croatia, and Serbia) or entity (Federation of Bosnia and Herzegovina, Kosovo, Montenegro, and the Republika Srpska) that has failed to take steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the Former Yugoslavia all persons in their territory who have been indicted by the Tribunal.
(Sec. 562) Directs the Secretary of the Treasury to instruct U.S. executive directors at specified international financial institutions to oppose any loan, grant, strategy, or policy that would require user fees or service charges on poor people for primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, in connection with the institution's lending programs.
(Sec. 563) Makes funds appropriated by this Act available for assistance for Serbia after May 31, 2006, if the President certifies to the Committees on Appropriations that the government of the Federal Republic of Yugoslavia is: (1) cooperating with the International Criminal Tribunal for Yugoslavia, including access for investigators, provision of documents, and the surrender and transfer of indictees or assistance in their apprehension, including Ratko Mladic and Radovan Karadzic, unless the Secretary determines that these individuals are no longer residing in Serbia; (2) taking steps 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.
States that such requirements shall not apply to Montenegro, Kosovo, humanitarian assistance, or assistance to promote democracy in municipalities.
(Sec. 564) Authorizes the use of foreign assistance funds to enhance the effectiveness and accountability of civilian police authority through human rights training, and through the promotion of civilian police roles that support democratic governance, including programs on conflict prevention, police-community relations, disaster assistance, and gender-based violence.
(Sec. 565) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; and (3) certain export guarantees for U.S. agricultural commodities. Permits exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries (IDA-only countries) with heavy debt that are eligible to borrow from the International Development Association (but not from the International Bank for Reconstruction and Development).
(Sec. 566) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments upon payment from an eligible purchaser that plans to use such loans only for: (1) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps; or (2) debt buyback by an eligible country if such country uses specified amounts of local currency to support activities that link conservation with local community development and child development activities. Limits such authority to funds appropriated by this Act under the heading of debt restructuring.
(Sec. 567) Obligates specified funds for basic education, including an amount for a GAO analysis of U.S.-funded basic education programs.
(Sec. 568) Obligates ESF funds for religious, ethnic, and political reconciliation programs.
(Sec. 569) Obligates funds under this Act for Sudan.
Prohibits funds for the government of Sudan, or for the cost of modifying loans and loan guarantees held by the government of Sudan unless the Secretary certifies to the Committees on Appropriations that the government of Sudan: (1) has taken significant steps to disband government-supported militia groups in Darfur, and the army and such groups are honoring the cease-fire; and (2) is allowing unimpeded humanitarian access to Darfur. States that such prohibition shall not apply to: (1) humanitarian assistance; (2) assistance for Darfur and for areas outside the control of the government of Sudan; and (3) assistance to implement the Comprehensive Peace Agreement.
States that for purposes of this Act and the International Malaria Control Act of 2000 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 prior to June 5, 2004. Deems Southern Kordofan/Nuba Mountains State, Blue Nile State and Abyei areas outside of control of the government of Sudan.
(Sec. 570) Obligates funds under this Act for trade capacity building, including amounts for labor and environmental capacity building activities relating to the free trade agreement with the countries of Central America and the Dominican Republic.
(Sec. 571) Authorizes the transfer of excess defense articles to Albania, Afghanistan, Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of Macedonia, Georgia, India, Iraq, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
(Sec. 572) Directs the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions to vote against any loan extension to the government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary certifies to the Committees on Appropriations that the rule of law has been restored in Zimbabwe.
(Sec. 573) Requires that, where appropriate, certain programs funded under this Act for foreign police, judicial, and military training address gender-based violence.
(Sec. 574) Prohibits specified ESF funds under this Act from being used to assist the government of a country that is a party to the International Criminal Court (ICC) and has not entered into an agreement with the United States preventing the ICC from proceeding against U.S. personnel present in such country.
Authorizes, and sets forth the conditions under which, the President may waive such prohibition for national security purposes with respect to: (1) a NATO country or a major non-NATO ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of Korea, and New Zealand), Taiwan, or other determined country; and (2) a country which has entered into an agreement with the United States pursuant to the Rome Statute preventing the ICC from proceeding against U.S. personnel present in such country.
States that: (1) such prohibition shall not apply to countries eligible for assistance under the Millennium Challenge Act of 2003; and (2) FY2005 ESF funds for democracy and rule of law programs shall be available notwithstanding section 574 of division D of P.L. 108-447.
(Sec. 575) Directs the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions 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.
Obligates funds for nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China, including National Endowment for Democracy programs.
(Sec. 576) Obligates: (1) specified FY2005 funds for El Salvador, Guatemala, Nicaragua, and Honduras; (2) additional FY2006 funds for electoral assistance, media and civil society programs, and activities to combat corruption and strengthen democracy in Nicaragua; and (3) additional FY2006 funds for activities to combat organized crime, crimes of violence targeting women, and corruption in Guatemala.
(Sec. 577) Authorizes specified funds under this Act to be used by USAID to hire up to 175 persons per fiscal year on a limited appointment basis in the United States and abroad. Conditions such hirings upon an equivalent elimination of USAID nondirect-hire employees. Terminates such authority on September 30, 2008.
Authorizes USAID to use specified amounts from such funds for overseas support costs of Foreign Service members of rank four or below to reduce USAID reliance on nondirect-hire employees.
Authorizes specified funds under this Act for the costs of persons detailed or employed by USAID to carry out natural disaster response programs.
(Sec. 578) Cancels debt owed under the Lend-Lease Act with respect to the Heavily Indebted Poor Countries (HIPC) Initiative.
(Sec. 579) Authorizes the transfer of certain funds under this Act for OPIC.
(Sec. 580) Prohibits funds under this Act from being used to pay for the attendance of more than 50 employees of a federal department or agency at any single conference outside the United States unless the Secretary determines that such attendance is in the national interest.
(Sec. 581) Prohibits funds under this Act for the Department of State (Department) from being used to assist the government of a country which has notified the Department of its refusal to extradite to the United States any individual indicted in the United States for killing a law enforcement officer unless the Secretary certifies to the Committees on Appropriations that the restriction to a country or countries is contrary to U.S. national interest.
(Sec. 582) Prohibits funds under this Act from being used to assist Saudi Arabia unless the President certifies to the Committees on Appropriations that Saudi Arabia is cooperating with anti-terrorism efforts and that the proposed assistance will help such effort.
(Sec. 583) Prohibits, with an exception for narcotics and law enforcement, funds under this Act for the Department from being used to assist the government of a country with which the United States has an extradition treaty which has refused to extradite to the United States an individual charged with a U.S. criminal offense for which the maximum penalty is life imprisonment without the possibility of parole, unless the the Secretary certifies to the Committees on Appropriations that the restriction to a country or countries is contrary to U.S. national interest.
(Sec. 584) Directs the Secretary to report to the Committees on Appropriations, by April 1, 2006, and for each fiscal quarter thereafter, on fund use under the following headings: (1) foreign military financing; (2) international military education and training; and (3) peacekeeping operations.
(Sec. 585) Obligates funds for: (1) biodiversity (and forest) programs in developing countries; (2) USAID's biodiversity strategy for the Amazon basin; (3) the Congo basin forest partnership, including protection of great apes; and (4) clean energy policies in developing countries, including greenhouse gas monitoring, carbon sequestration activities, and climate change mitigation programs.
Directs the President to report on federal expenditures for climate change programs.
Directs the Secretary of the Treasury to inform international financial institutions and the public that it is U.S. policy that any assistance by such institutions 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 or is taking steps to establish functioning systems for: (1) revenue and expenditure accounting; (2) independent auditing; and (3) verifying government receipts against company payments.
(Sec. 586) Makes funds available for assistance (including defense articles) for the government of Uzbekistan only if the Secretary reports to the Committees on Appropriations that the government of Uzbekistan is making substantial progress in meeting its commitments under the Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America, including: (1) respect for human rights; (2) establishing a genuine multiparty system, and ensuring free elections; (3) freedom of expression; (4) independence of the media; and (5) an international investigation of the May 2005 Andijan shootings.
(Sec. 587) Makes funds available for assistance for the government of Kazakhstan only if the Secretary reports to the Committees on Appropriations that the government of Kazakhstan has made significant improvements in the protection of human rights during the preceding six-month period. Authorizes the Secretary to waive such requirements in the U.S. national security interest.
Directs the Secretary to report to the Committees on Appropriations on the defense articles, defense services, and financial assistance provided by the United States to the countries of Central Asia (Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and Turkmenistan) during the previous six-month period, and their use during such period by units of the armed forces, border guards, or other security forces of such countries.
Directs the Secretary, prior to the initial obligation of such assistance, to report to the Committees on Appropriations respecting: (1) whether the government of Kyrgyzstan is forcibly returning Uzbeks who have fled violence and political persecution; (2) U.S. efforts to prevent such returns; and (3) the government of Kyrgyzstan's response.
(Sec. 588) Obligates: (1) ESF funds for USAID programs for people with disabilities in developing countries; and (2) other funds for staff training in overseas USAID missions to promote the inclusion of people with disabilities in developing countries.
(Sec. 589) Prohibits use of funds appropriated under this Act for the government of the Russian Federation unless the President certifies to the Committees on Appropriations that the government of the Russian Federation has not implemented any statute or similar government action that would discriminate against religious groups or religious communities in the Russian Federation.
(Sec. 590) States that Congress reaffirms its support for the efforts of the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity.
States that funds appropriated by this Act, including funds for debt restructuring, may be made available to the central government of a country in which individuals indicted by ICTR and SCSL are credibly alleged to be living if the Secretary determines and reports to the Committees on Appropriations that such government is cooperating with ICTR and SCSL. Authorizes the President to waive such requirements in the U.S. national security interest.
States that assistance may be made available for the government of Nigeria only if the President reports to the Committees on Appropriations respecting: (1) steps taken in FY 2003-FY2005 to obtain Nigeria's cooperation in surrendering Charles Taylor to the SCSL; and (2) a strategy for bringing Charles Taylor before the SCSL.
(Sec. 591) Obligates foreign military financing funds for: (1) the Philippines; (2) Indonesia; (3) Bangladesh; (4) Mongolia; (5) Thailand; (6) Sri Lanka; (7) Cambodia; (8) Fiji; and (9) Tonga.
Appropriates additional foreign military financing funds to assist the Philippines in addressing critical deficiencies identified in the Joint Defense Assessment of 2003.
Makes funds available, subject to the regular notification procedures of the Committees on Appropriations, for: (1) the Indonesian navy; and (2) Cambodia.
(Sec. 592) Makes foreign military financing funds available for Nepal if the Secretary reports to the Committees on Appropriations that the government of Nepal, including its security forces, has restored civil liberties, is protecting human rights, and has demonstrated a commitment to restore multi-party democratic government consistent with the 1990 Nepalese Constitution. Authorizes the Secretary to waive such requirements if in U.S. national security interests.
(Sec. 593) Obligates funds subject to the regular notification procedures of the Committees on Appropriations for an integrated multi-disease control initiative to demonstrate the health and economic benefits of an integrated response to the control of neglected diseases (including intestinal parasites, schistosomiasis, lymphatic filariasis, onchocerciasis, trachoma and leprosy).
(Sec. 594) Obligates funds for pilot projects to improve the capacity of foreign government agencies and nongovernmental organizations to prevent abandonment, address the needs of orphans, displaced, and abandoned children, and provide permanent homes through family reunification, guardianship and domestic adoptions.
(Sec. 595) Directs the Administrator of USAID to designate an Advisor for Indigenous Peoples Issues.
(Sec. 597) Authorizes the Secretary to carry out a program to combat piracy of U.S. copyrighted materials in countries that are not members of the Organization for Economic Cooperation and Development (OECD). Obligates FY2006 program funds.
(Sec. 598) Obligates funds for programs to combat malaria.
(Sec. 599) Amends the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004, as amended by the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, to change the termination date for the Office of the Inspector General of the Coalition Provisional Authority from ten months after certain Iraq relief funds have been obligated to ten months after such funds have been expended.
(Sec. 599A) Authorizes specified funds under this Act to be made available to the Under Secretary of State for Arms Control and International Security for certain nonproliferation and counterproliferation efforts (such as increased voluntary dues to IAEA and Proliferation Security Initiative activities).
(Sec. 599B) Amends the International Financial Institutions Act to direct the Secretary of the Treasury to use U.S. influence to accomplish, at each multilateral development bank, U.S. goals, the goals set forth in such Act, and other specified goals.
(Sec. 599C) Amends the International Development Association Act to authorize the contribution of specified sums on behalf of the United States to the fourteenth replenishment of the International Development Association.
Amends the African Development Fund Act to authorize the contribution of specified sums on behalf of the United States to the tenth replenishment of the African Development Fund.
Amends the Asian Development Fund Act to authorize the contribution of specified sums on behalf of the United States to the eighth replenishment of the Asian Development Fund.
(Sec. 599D) Withholds 20% of the funds for the IDA until the Secretary of the Treasury makes a certification to the appropriate congressional committees respecting specified World Bank procurement issues.
(Sec. 599E) Makes specified FY2006 funds available for demobilization and disarmament of former members of foreign terrorist organizations (FTOs) in Colombia (AUC, FARC, and ELN) if the Secretary certifies to the appropriate congressional committees that: (1) assistance will be provided only for individuals who have terminated FTO affiliation and are meeting Colombia Demobilization Program requirements; (2) the government of Colombia is cooperating in extraditing wanted FTO leaders and members to the United States; (3) the government of Colombia is implementing a framework for dismantling FTO organizational structures; and (4) funds shall not be made available as cash payments to individuals, and are available only for verification, reintegration, vetting, recovery of assets for reparations for victims, and investigations and prosecutions.
(Sec. 599F) States that Foreign Military Financing Program funds under this Act may be made available for assistance for Indonesia, and licenses may be issued for the export of lethal defense articles for the Indonesian Armed Forces, only if the Secretary certifies to the appropriate congressional committees that: (1) the government of Indonesia is prosecuting Armed Forces members who have been credibly alleged to have committed gross human rights violations; (2) at the direction of the President of Indonesia, the Armed Forces are cooperating with civilian judicial authorities and with international efforts to resolve cases of gross human rights violations in East Timor and elsewhere; and (3) at the direction of the President of Indonesia, the government of Indonesia is implementing reforms to improve civilian control of the military.
Authorizes the Secretary to waive (with congressional notification) such restrictions for reasons of U.S. national interest.
(Sec. 599G) Directs the Secretary to report to the Committees on Appropriations respecting: (1) the investigation of the August 2002 murders of two U.S. citizens and one Indonesian citizen in Timika, Indonesia; (2) efforts by the government of Indonesia to arrest individuals indicted for crimes relating to those murders and any other actions taken by the government of Indonesia, including the Indonesian judiciary, police and Armed Forces, to bring the responsible individuals to justice; and (3) cooperation provided by the government of Indonesia, including the Indonesian judiciary, police and Armed Forces, to related requests made by the Secretary or the Federal Bureau of Investigation (FBI).