2. Foreign Assistance Appropriations a. Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 Public Law 109-102 [H.R. 3057], 119 Stat. 2172, approved November 14, 2005 AN ACT Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2006, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2006, and for other purposes, namely: NOTE.-Fiscal year 2005 appropriations were continued into fiscal year 2006 in Public Law 109-77 (119 Stat. 2037; approved September 30, 2005), as amended, pending final passage of several annual appropriations bills including foreign assistance appropriations. Public Law 109-77, as amended, may be found beginning at page 955. NOTE. Title III, ch. 8 of the Emergency Supplemental "SEC. 3801. (a) ACROSS-THE-BOARD RESCISSIONS.- "(1) the budget authority provided (or obligation limit imposed) for fiscal year 2006 for any discretionary account of this Act and in any other fiscal year 2006 appropriation Act; "(2) the budget authority provided in any advance ap- "(3) the contract authority provided in fiscal year "(1) to each discretionary account and each item of budget authority described in such subsection; and “(2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget). “(c) EXCEPTIONS.-This section shall not apply— "(1) to discretionary budget authority that has been designated pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006; or "(2) to discretionary authority appropriated or otherwise made available to the Department of Veterans Affairs. "(d) OMB REPORT.-Within 30 days after the date of the enactment of this section the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to this section.". TITLE I-EXPORT AND INVESTMENT ASSISTANCE INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $1,000,000, to remain available until September 30, 2007. EXPORT-IMPORT BANK PROGRAM ACCOUNT The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country, other than a nuclear-weapon state as defined in Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this Act, that has detonated a nuclear explosive after the date of the enactment of this Act: Provided further, That1 notwithstanding section 1(c) of Public Law 103-428, as amended, sections 1(a) and (b) of Public Law 103-428 shall remain in effect through October 1, 2006. SUBSIDY APPROPRIATION K For the cost of direct loans, loan guarantees, insurance, and tiedI aid grants as authorized by section 10 of the Export-Import Bank Act of 1945, as amended, $100,000,000, to remain available until September 30, 2009: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such sums shall remain available until September 30, 2024, for the disbursement of direct loans, loan guarantees, insurance and tied-aid grants obligated in fiscal years 2006, 2007, 2008, and 2009: Provided further, That none of the funds appropriated by this Act or any prior Act appropriating funds for foreign operations, export financing, and related programs for tied-aid credits or grants may be used for any other purpose except through the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated by this paragraph are made available notwithstanding section 2(b)(2) of the Export-Import Bank Act of 1945, in connection with the purchase or lease of any product by any Eastern European country, any Baltic State or any agency or national thereof. ADMINISTRATIVE EXPENSES For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 for official reception and representation ex 112 U.S.C. 635 note. Sec. 1(a) and (b) of Public Law 103-428 amended sec. 2(b)(6)(H) and (I) of the Export-Import Bank Act of 1945. Sec. 1(c) of that Act, however, provided that the amendments would remain in effect from enactment through September 30, 1997. Sec. 2(b)(6)(H) and (I) provide as follows: "(H) Once in each calendar quarter, the Bank shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Banking, Finance, and Urban Affairs of the House of Representatives on all instances in which the Bank, during the reporting quarter, guaranteed, insured, or extended credit or participated in an extension of credit in connection with any credit sale of an article, service, or related technical data described in subparagraph (G) that the Bank determined would not be put to a military use or described in subparagraph (D)(i). Such report shall include a description of each of the transactions and the justification for the Bank's actions. "(Ii) Subparagraph (A) shall not apply to a transaction involving defense articles or services if "(I) the Bank determines that "(aa) the defense articles or service are nonlethal; and "(bb) the primary end use of the defense articles or services will be for civilian purposes; and "(II) at least 15 calendar days before the date on which the Board of Directors of the Bank gives final approval to Bank participation in the transaction, the Bank provides notice of the transaction to the Committees on Banking, Finance and Urban Affairs and on Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and on Appropriations of the Senate. "(ii) Not more than 10 percent of the loan, guarantee, and insurance authority available to the Bank for a fiscal year may be used by the Bank to support the sale of defense articles or services to which subparagraph (A) does not apply by reason of clause (i) of this subparagraph. "(iii) Not later than September 1 of each fiscal year, the Comptroller General of the United States, in consultation with the Bank, shall submit to the Committees on Banking, Finance and Urban Affairs and on Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and on Appropriations of the Senate a report on the end uses of any defense articles or services described in clause (i) with respect to which the Bank provided support during the second preceding fiscal year.”. penses for members of the Board of Directors $200,000: P Tuded. That the Etoor-import Bank may accent, and use, payme or aeroces praded by ansaction parchants or legal inaca or technical sences a connection with any mansaction for ve an application for a loan guarantee insurance muntament a been made Provided vorher That twinkstanding sucsector : of section 11 of the Export Excancement Act of 1990, subsenc a thereof shall remain in effect inci Cetacer 1 2006. The Greneas Private Investment Corporation is authorized a make, without regard to iscal year imitators, as provided by USC 9104 such expenditures and commitments within the me of funds avallacie to it and in accordance with law as may be netessary. Provided. That the amount available for administrative a penses to carry out the credit and insurance programs indus an amount for official reception and representation expenses wit ina.. not exceed $35.000 shall not exceed $42.274.000% Provide further. That project-specific transaction costs. Incuding direct and indirect costs incurred in claims settlements, and other direct asti associated with services provided to specife investors or potenta investors pursuant to section 234 of the Foreign Assistance Act of 1661, shall not be considered administrative expenses for the parposes of this heading PROGRAM ACCOUNT For the cost of direct and guaranteed loans. $20.276.000, as authorized by section 234 of the Foreign Assistance Act of 1961, to be derived by transfer from the Overseas Private Investment Corporation Non-Credit Account: Provided. That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further. That such sums shall be available for direct loan obligations and lean guaranty commitments incurred or made during fiscal years 2006 and 2007: Provided further. That such sums shall remain available through fiscal year 2014 for the disbursement of direct and guaranteed loans obligated in fiscal year 2006, and through fiscal year 2015 for the disbursement of direct and guaranteed loans obligated in fiscal year 2007: Provided further, That notwithstanding any other provision of law, the Overseas Private Investment Corporation is authorized to undertake any program authorized by title IV of the Foreign Assistance Act of 1961 in Iraq: Provided further, That funds made available pursuant to the authority of the previous proviso shall be subject to the regular notification procedures of the Committees on Appropriations. In addition, such sums as may be necessary for administrative expenses to carry out the credit program may be derived from amounts available for administrative expenses to carry out the credit and insurance programs in the Overseas Private Investment Corporation Noncredit Account and merged with said account. 212 U.S.C. 635a note. FUNDS APPROPRIATED TO THE PRESIDENT TRADE AND DEVELOPMENT AGENCY For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $50,900,000, to remain available until September 30, 2007. TITLE II-BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, to remain available until September 30, 2006, unless otherwise specified herein, as follows: UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT CHILD SURVIVAL AND HEALTH PROGRAMS FUND 3 (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for child survival, health, and family planning/reproductive health activities, in addition to funds otherwise available for such purposes, $1,585,000,000, to remain available until September 30, 2007: Provided, That this amount shall be made available for such activities as: (1) immunization programs; (2) oral rehydration programs; (3) health, nutrition, water and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance for children displaced or orphaned by causes other than AIDS; (5) programs for the prevention, treatment, control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases, and for assistance to communities severely affected by HIV/AIDS, including children displaced or orphaned by AIDS; and (6) family planning/reproductive health: Provided further, That none of the funds appropriated under this heading may be made available for nonproject assistance, except that funds may be made available for such assistance for ongoing health activities: Provided further, That of the funds appropriated under this heading, not to exceed $350,000, in addition to funds otherwise available for such purposes, may be used to monitor and provide oversight of child survival, maternal and family planning/reproductive health, and infectious disease programs: Provided further, That the following amounts should be allocated as follows: $360,000,000 for child survival and maternal health; $30,000,000 for vulnerable children; $350,000,000 for HIV/AIDS; $220,000,000 for other infectious diseases; and $375,000,000 for family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species: Provided further, That of the funds 3 Sec. 596 of this Act stipulates that funds provided in this Act in certain accounts "shall be made available for programs and countries in the amounts contained in the respective tables included" in the conference report agreed to in the course of enactment of this Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law 109-102 (for allocation of Child Survival and Health Programs Fund, see p. 81). |